Welcome to Stackpigeon.com!

Please read these Terms of Service and our Privacy Policy (collectively the “Terms”) carefully, as you agree that you consent to these Terms by your use of this website or Stack Pigeons’ services, as described further below.

1. Acceptance of the Terms

The Terms are entered into by and between you (referred to herein as “you” and/or, if you have subscribed to Stack Pigeon, as “Subscriber”) and Stack Pigeon LLC. (“Stack Pigeon,” “we,” “our,” or “us”), and they govern your access to and use of the Stackpigeon.com website and/or Stack Pigeon software (collectively the “Platform”) and Stack Pigeon Services, as defined below, whether as a guest or subscriber.

Please read the Terms carefully before you start to use the Platform or Services. By using the Platform or signing up to start a free trial of our Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Service or the Privacy Policy, do not access or use the Platform or any of Stack Pigeons’ Services, but please get in touch with us so we can try to help.

2. Term

This agreement remains in full force and effect while you use the Platform. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

3. Eligibility

The Platform and Services are intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Platform and Services.

4. Changes to the Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform and Services thereafter. Your continued use of the Platform or our Services following the posting of revised Terms means you accept and agree to the changes.

5. Services

Stack Pigeon provides virtual receptionist services to its subscribers, including receptionist telephone answering; filtering marketing, spam, or other unwanted calls; caller greetings; inbound messages; voicemail services; message notifications through text and/or email; outbound calls for appointment booking and confirmation and caller feedback; and other services that may be introduced from time to time. Collectively, the services described in this paragraph and all others provided by Stack Pigeon now or in the future, whether through a web portal, SMS, email, mobile application, or other interfaces, are called the “Services” in these Terms.

6. Service Plans, and Payment

a. Service Plans

Stack Pigeon offers “Receptionist Service Plans” and rates on a month-to-month subscription basis, the details of which can be found at https://stackpigeon.com/. We are not liable or responsible for the content of third-party websites, webpages, or resources, including erroneous or out-of-date pricing.

You may at any time elect to change your Receptionist Service Plan by contacting Stack Pigeon at support@stackpigeon.com. Changes will take effect on the next monthly payment date. Overage charges, if any, will apply until the new Receptionist Service Plan takes effect.

For purposes of the Receptionist Service Plans:

• “Available Hours” means the hours during which Stack Pigeon will provide specific Services to you, as outlined further in your selected Receptionist Service Plan.
• “Receptionist Calls” means: 1) incoming calls that are made by third parties or forwarded by you to the telephone number assigned to you by Stack Pigeon (“Subscriber Identifier”) and that you identify as desired calls, such as calls from potential clients/customers, family members, etc., and 2) outbound calls made by Stack Pigeon at your request. Blocking valid Receptionist Calls is considered abuse of the system and is subject to reversal and account cancellation.
• “Live Transfer Phone Number” means the phone number(s) that we will transfer callers to, per your instruction, if they meet your specified criteria.
• “Per month” refers to the calendar month.
• If you utilize Stack Pigeon outbound calling, you must comply with and are responsible for complying with all applicable laws, rules, and regulations, including without limitation the Telephone Consumer Protection Act (47 U.S.C. § 227), the Telemarketing Sales Rule (16 C.F.R. 310 et. Seq.), and all other marketing, telemarketing, and telecommunication rules issued by the Federal Communications Commission and/or the Federal Trade Commission. Outbound calling services must not be used for spam, fraud, or third-party sales. Subscriber must immediately notify Stack Pigeon of any violation of these rules. Stack Pigeon is not responsible for the content of any outbound call, and Subscriber agrees to indemnify, defend and hold harmless Stack Pigeon against any third-party claim, demand, lawsuit, regulatory action, or other liability brought against Stack Pigeon arising from or relating to Subscriber’s outbound calling.
• Stack Pigeon reserves the right to block, restrict or terminate services at any time, with or without notice.

b. Subscriptions to Receptionist Service Plans

Your Receptionist Service Plan begins on the date of your first payment for your selected Services Plan (“Receptionist Subscription Date”). By subscribing to the Services, you agree to pay all fees for your selected Receptionist Service Plan, plus any overage charges incurred. All payments are non-refundable.

The monthly rate is charged on the Receptionist Subscription Date and will be automatically charged each month on the anniversary date of your Receptionist Subscription Date using the payment method provided at the time of subscription until you terminate your subscription. In other words, if you sign up on April 10, you will be automatically charged the monthly rate for your chosen Receptionist Service Plan on the 10th day of each month thereafter until your subscription is canceled.

In the event that you exceed the number of Receptionist Call Minutes during a calendar month of the Services, you will be charged overage charges as described on https://stackpigeon.com/. Overage charges will be charged on the last business day of each month or, if your Receptionist Service Plan is terminated, are required to be paid within 10 days of the termination date of your Receptionist Service Plan. You authorize Stack Pigeon to charge your payment method on file for any overage charges incurred.

Stack Pigeon reserves the right to terminate your subscription immediately and stop providing the Services to you at any time if timely payment is not made. If an automatic payment cannot be made, Stack Pigeon will request another payment method. If payment is not made within five (5) business days, we will stop providing all Services to you, but, as a convenience to you, we may redirect your calls to your Live Transfer Phone Number. If payment is not made within ten (10) business days, Stack Pigeon will terminate your account. Stack Pigeon reserves the right to collect any and all amounts then due, plus any Late Charges accrued as described below.

You may change your Receptionist Service Plan at any time by notifying Stack Pigeon at support@stackpigeon.com. The plan change must be made at least one week prior to the end of the current subscription cycle. If the Subscriber changes the Receptionist Service Plan within one week of the end of the cycle, the current Receptionist Service Plan will continue the following month and change at the next subscription cycle. For example, if the Receptionist Service Plan subscription is set to renew Friday, change it by the previous Friday to prevent an additional month at the current plan.

c. Taxes and Other Charges

Stack Pigeon fees do not include any applicable use tax, sales tax, value added tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Stack Pigeon and Subscriber (each a “Tax”); all of which shall be paid by Subscriber in addition to the price quoted or invoiced. Any Tax that Stack Pigeon may be required to collect or pay upon the sale or delivery of Services, Outreach Services, or any other product or service shall be paid by Subscriber to Stack Pigeon unless Subscriber has provided Stack Pigeon, at the time of the first payment for such products or services, an exemption certificate or other document valid in the jurisdiction imposing the Tax.

d. Late Charges

Any payments not received within ten (10) days of when due as described in these Terms are subject to a monthly “Late Charge” of $10 or 10% of the amount then due (whichever is greater), subject to any restrictions imposed by local law. In the event Stack Pigeon does not receive full payment within ten (10) days after the applicable due date, the Subscriber will be considered in material default of this Agreement (“Material Default”). After such Material Default, Stack Pigeon shall maintain the right to collect any and all amounts then due, the Subscriber shall pay all legal fees and collection costs incurred by Stack Pigeon, and the Subscriber shall pay all late fees that may accrue thereafter.

e. Discounts, Offers, and Credits

From time to time, Subscriber may be presented with discounts, offers, credits, and other promotions (collectively, “Discounts”) that reduce the cost of Services. A Discount can be used only once per Subscriber. Unless explicitly stated otherwise in the terms of the Discount (e.g., a seasonal promotion), Discounts are for new (first-time) Subscribers only and may not be combined. In the event of multiple applicable Discounts, the Subscriber may choose which one to apply. Discounts may have expiration dates and are no longer valid past the date of expiration.

In addition, Discounts may be offered in conjunction with affiliates and other entities (collectively, "Distributors"). Stack Pigeon reserves the right to revoke a Discount at any time for improper usage, including but not limited to: (i) applying a Discount for or from a Distributor when the Subscriber is not associated with, or a customer of, that Distributor; (ii) applying a Discount intended for another Subscriber, or (iii) distributing to others a Discount intended for single use.

7. Information We Collect and Our Commitment to Confidentiality

a. Information Collected by Stack Pigeon

When you subscribe to the Services, our trained staff will work with you to determine how we can provide the most effective receptionist services to you by learning what types of calls you generally receive and how you would like each call handled. For each type of call, such as a potential client or solicitation, you decide what information we collect from the caller, if any, and how we will convey any desired information to you.

b. Confidentiality of Information Collected for You

All information collected by Stack Pigeon while providing the Services to you, including information received during Receptionist Calls, or provided for your subscription (“Subscriber Information”), is kept strictly confidential and is only shared with Stack Pigeon’s staff that needs the information to provide the Services to you and your authorized staff.

c. Using, Storing, and Removing Your Subscriber Information

All Subscriber Information is jointly owned by Stack Pigeon and you. Stack Pigeon retains this joint ownership solely so that it has the right to store the information collected on its secure servers and use it to provide excellent Services to you, such as relaying messages to you through text and email, identifying spam callers and solicitations, and improving our Services. Stack Pigeon will use Subscriber Information for the sole purpose of providing the Services pursuant to the instructions that you provide, and under no circumstances will Stack Pigeon sell Subscriber Information or share it in any manner not specified in these Terms.

If we are required to share Subscriber Information by law, we will notify you promptly upon receiving such a request. We will work with you to keep the Subscriber Information confidential, if possible, but we will honor any applicable legal obligations regarding sharing the Subscriber Information.

Stack Pigeon stores your Subscriber Information in a segregated account that only contains your Subscriber Information. Each Subscriber can only access and use the information in its own Stack Pigeon account. This allows us to only allow Stack Pigeon staff working on your account to access your Subscriber Information.

We will respond to your written request to delete Subscriber Information within 3 business days. Deleting Subscriber Information may require deletion of your Stack Pigeon account and take up to 30 days to execute. After confirming that you understand that deletion of your Stack Pigeon account will be permanent, we will delete the requested information and rescind all ownership rights to the Subscriber Information that was deleted.

d. Additional Measures to Keep Your Subscriber Information Confidential

• Our staff are trained to follow the confidentiality measures described in these Terms and must sign a Non-Disclosure Agreement requiring them to keep all Subscriber Information confidential prior to starting to work with any Subscriber Information.
• We perform regular malware scanning of the Platform and all servers and computers used by us to support the Platform.
• Subscriber Information is encrypted through the Platform with Secure Socket Layer technology (SSL) and is also encrypted when it is stored by us to prevent unauthorized parties from viewing such information.
• Our staff will not ask any caller for information that is not specifically requested by you.
• Stack Pigeon shall report to Subscriber, with all relevant details, any event that Stack Pigeon reasonably believes represents unauthorized access to, disclosure of, use of, or damage to Content (a “Security Breach”). Stack Pigeon shall make such report within 48 hours after learning of the Security Breach.
• In the event of a Security Breach, Stack Pigeon shall (a) cooperate with Subscriber to identify the cause of the breach and to identify any affected Content; (b) assist and cooperate with Subscriber in investigating and preventing the recurrence of the Security Breach; (c) assist and cooperate with Subscriber in any litigation or investigation against third parties that Subscriber undertakes to protect the security and integrity of Content; and (d) mitigate any harmful effect of the Security Breach.

e. Confidentiality is a Two-Way Street

While we employ the practices described in these Terms to provide the Services, we also follow your instructions regarding how we can best provide the Services to you. Therefore, please ensure that any instructions provided to Stack Pigeon regarding your account comply with your obligations and confidentiality expectations. We are not responsible for breaches of confidentiality that may occur when we are following your instructions, such as transmitting information to an unsecure server specified by you or the acts or omissions of your authorized staff members. Our goal is to be a valued member of your business, so we may contact you if we believe that a process could be improved, but our role in your business is limited to the Services that you order.

In its provision of the Services, Stack Pigeon will transcribe messages from calls that you receive. However, Stack Pigeon does not monitor or censor such messages for content and is not responsible, or have any liability whatsoever, for the content of Subscriber Information or messages that are received by, on the behalf of, or intended for the Subscriber.

8. Cancellation or Termination of the Services

a. By Subscriber

Subscriber may cancel the Services at any time by notifying Stack Pigeon at support@stackpigeon.com. Services will continue until the end of the current subscription month. Stack Pigeon does not provide a refund for early cancellation of Services for any reason. Cancellation must be made at least one week prior the end of the current subscription cycle. If the Subscriber cancels within one week of the end of the cycle, they will be billed for the following month. For example, if the subscription is set to renew Friday, cancel by the previous Friday to prevent being billed for the following month.

b. By Stack Pigeon

Stack Pigeon may cancel the Services in the following circumstances:

• If Stack Pigeon has any reason whatsoever to believe that the Services are being used to contravene any law, the Services shall be immediately cancelled. Any such cancellation shall be at the sole discretion of Stack Pigeon and without refund or liability to Subscriber.
• If Subscriber does not pay for the Services by the required due date, Stack Pigeon may cancel or suspend the Services immediately.
• If Subscriber violates these Terms in any manner, Stack Pigeon may cancel or suspend the Services and will provide notice to Subscriber of the violation.

Stack Pigeon reserves the right to cancel the Services for any or no reason.

c. After Termination or Cancellation

In the event that the Services are canceled or otherwise terminated, the Subscriber Identifier assigned to Subscriber may be immediately cancelled for use by Subscriber. At Stack Pigeon’s sole discretion, the Subscriber may be given the option to: i) keep the Subscriber Identifier as a useable phone line for $10/month, or ii) Stack Pigeon may choose to forward incoming calls made to the Subscriber Identifier to Subscriber for 10 days.

Upon cancellation or termination of the Services, Stack Pigeon shall not be responsible or liable for the receipt or delivery of any messages intended for Subscriber through the Services or Subscriber Identifier.

9. Restrictions on the Services

Subscriber is prohibited from any of the following when using the Platform or subscribing to the Services:

• Transmitting or causing to transmit any material that is derogatory, racist, abusive, threatening, obscene, hateful, or in any other way objectionable to others or illegal;
• Using the Services to “spam” or cause mischief to others;
• Using the Services in any way that causes, or may cause, damage to or impairment of the availability or accessibility of the Services, or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
• Reproducing, distributing, modifying, creating derivative works of, republishing, downloading, storing, or transmitting any of the material on the Platform, except as it is created and owned by Subscriber;
• Using any device, software, or routine that interferes with the proper working of the Platform or Services;
• Attempting to aggregate, solicit, or otherwise recruit Stack Pigeon employees or contractors away from Stack Pigeon;
• Introducing any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; or
• Otherwise attempt to interfere with the proper working of the Platform or Services.

10. Intellectual Property

Stack Pigeon represents and warrants that it has the right to use, and is the sole owner of all right, title, and interest in and to, all intellectual property rights relating to: i) the voice-over IP and website technology platform underlying the Services (the “Application”), and ii) the Services, including all copyrights and all trademarks, service marks, and trade names associated with Stack Pigeon and the Services. Stack Pigeon represents and warrants that it has a license or rights to use any third party components embedded in the Application. Stack Pigeon does not grant you any intellectual property rights in the Application or Services, and all rights not expressly granted in these Terms are reserved by Stack Pigeon.

11. Users Outside the United States

The Platform and Services are controlled and operated from the United States and subject to its laws. If you choose to access the Platform or Services outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.

12. Indemnification

You agree to indemnify Stack Pigeon and its directors, officers, employees, agents, successors, assigns, and affiliates from and against all third party claims, judgments, costs, liabilities, damages or expenses, including reasonable attorneys’ fees and costs, arising out of, resulting in any way from, or made by: i) a breach of any provision, representation, or warranty set forth in these Terms; ii) callers using Subscriber’s Subscriber Identifier as a result of actions of or failure to act by Subscriber; and iii) any content provided by Subscriber for its Online Profile or the Services.

Stack Pigeon will indemnify Subscriber and its directors, officers, employees, agents, successors, assigns, and affiliates from and against all third party claims, judgments, costs, liabilities, damages, or expenses, including reasonable attorneys’ fees and costs, arising out of or resulting in any way from i) Stack Pigeon’s breach of any provision, representation, or warranty set forth in these Terms; ii) claims made by callers due to the gross negligence or intentional misconduct of Stack Pigeon; or iii) any claim asserted by a third-party that the Services or Application infringes any of such third party’s patents or other intellectual property rights. The foregoing obligations in subparagraph (iii) do not apply with respect to content provided by Subscriber for its Online Profile.

13. Exclusion of Liability

Subscriber agrees and acknowledges that Stack Pigeon shall not be liable for any claims of any kind or nature whatsoever (including claims for negligence) that might arise directly or indirectly out of any act or omission, use, or misuse of any Services by Subscriber or for any delays, mistakes, or errors in conveying Subscriber Information to Subscriber by Stack Pigeon. To the extent this provision fails to fully and completely exclude any claim and/or to the extent any third party might make any claim against Stack Pigeon in any way related to Subscriber’s use or misuse of Services or anything done or any delays, mistakes, or errors in conveying Subscriber Information to Subscriber by Stack Pigeon, then Subscriber indemnifies Stack Pigeon against any and all liabilities losses expenses and costs that might be suffered or incurred by Stack Pigeon as a direct or indirect consequence of any such claims being made.

14. Disclaimer of Warranties

THE APPLICATION AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ACCURACY OF CONTENT. STACK PIGEON MAKES NO WARRANTY OR REPRESENTATION THAT SUBSCRIBER’S USE OF THE APPLICATION OR SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE.

WITHOUT LIMITING THE FOREGOING, NEITHER STACK PIGEON NOR ANYONE ASSOCIATED WITH STACK PIGEON REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT OR THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Limitation on Liability

EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO EVENT WILL STACK PIGEON BE LIABLE TO SUBSCRIBER OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM OR LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, RESULTING FROM THE SERVICES, ANY USE OF THE APPLICATION, OR ANYTHING PERTAINING TO THE TERMS, INCLUDING WITHOUT LIMITATION ANY LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SUCH PARTY HAS EXPRESSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF SUBSCRIBER’S CLAIMS AGAINST STACK PIGEON UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ARISING OUT OF OR RELATED TO SERVICES OR APPLICATION EXCEED THE AMOUNTS ACTUALLY PAID BY SUBSCRIBER TO STACK PIGEON DURING THE 12 MONTHS PRIOR TO THE DATE A CLAIM IS MADE.

16. Assignment

Stack Pigeon may assign, transfer, or sub-contract Stack Pigeon’s rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not assign, transfer, or sub-contract your rights and/or obligations under these Terms without Stack Pigeon’s prior written consent.

17. Governing Law

These Terms and Conditions and the Privacy Policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provisions or rules. Each of the parties hereto consents to the exclusive jurisdiction and venue of the courts of Philadelphia County, Pennsylvania.

18. Arbitration

At Stack Pigeon’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Service, the Platform, or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.

19. Waiver and Severability

No waiver by Stack Pigeon of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Stack Pigeon to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

20. Entire Agreement

Our Terms and Conditions and Privacy Policy constitute the sole and entire agreement between you and Stack Pigeon, Inc. with respect to the Platform and Stack Pigeon’s Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform and/or the Services.

21. Your Comments & Concerns

All feedback, comments, requests for technical support, and other communications relating to the Platform or Services should be directed to: support@stackpigeon.com.