These Terms and Conditions ("Terms") govern your access to and use of the website located at sipvoice.io and the VoIP, telephony, messaging, and related communications services (the "Services") provided by SIPVOICE LLC ("Company," "we," "us," or "our"). By accessing the website or using the Services, you ("you" or "Customer") agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.
You must be at least 18 years old and capable of forming a binding contract to use the Services. You are responsible for the accuracy of your account information, for safeguarding your credentials, and for all activity that occurs under your account.
We provide cloud-based voice, messaging, and communications services. Features, functionality, and availability may change over time. The Services rely on your internet connection and third-party telecommunications networks and are not intended for use in environments requiring fail-safe performance. We do not offer primary-line or lifeline services and do not guarantee uninterrupted or error-free operation.
IMPORTANT — READ CAREFULLY. VoIP-based 911 (including E911) service operates differently from traditional telephone service. It may be unavailable during a power outage, internet or broadband failure, or if your Service is suspended, or if your registered location is not accurate and current. Emergency calls are routed based on the registered service address you provide, and may be routed to a different answering point than a traditional 911 call. You are responsible for maintaining an accurate registered service-address for each line and for having an alternative means (such as a wireless or wireline phone) to contact emergency services. You agree to notify all users of the Services of these limitations. A surcharge may apply to any emergency call placed using an altered or incorrectly registered caller identification.
You agree not to use the Services to: violate any law, regulation, or third-party right; transmit unlawful, fraudulent, harassing, or unsolicited (spam) communications, or engage in autodialing, robocalling, caller-ID spoofing, or fax blasting except as expressly permitted and lawfully conducted; engage in continuous connectivity, extensive call forwarding, or usage that exceeds what would be expected of normal business use, or that shows an abnormal imbalance of inbound and outbound traffic; use the Services for alarm systems, elevator phones, or other monitoring devices; distribute malware, interfere with or disrupt the Services, or gain unauthorized access to any systems or data; or resell or provide the Services to third parties except as expressly authorized in writing. We may investigate suspected violations, block high-cost or high-risk destinations, and suspend or terminate access for conduct that violates these Terms or applicable law.
If you use the Services for outbound calling or messaging campaigns, you are solely responsible for compliance with all applicable laws, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the TRACED Act, the Truth in Caller ID Act, and CAN-SPAM. This includes obtaining prior express consent where required, honoring do-not-call requests and the National Do Not Call Registry, calling only within permitted hours, transmitting accurate caller identification, and cooperating with industry traceback efforts. You will not use the Services to originate unlawful traffic or to transit third-party-originated traffic in violation of applicable rules.
Certain features allow recording, monitoring, and transcription of calls and voicemails. You are solely responsible for complying with all applicable one-party and two-party (all-party) consent, wiretap, and eavesdropping laws, including providing any required notices and obtaining any required consents from participants. We disclaim all liability arising from your use of these features.
SIPVOICE LLC makes the Services available in a manner designed to support HIPAA compliance and acts as a Business Associate where applicable. Where you use the Services to create, receive, maintain, or transmit Protected Health Information (PHI), you must execute a Business Associate Agreement (BAA) with SIPVOICE LLC before transmitting any PHI. You are responsible for using the Services consistently with HIPAA and the applicable BAA, including enabling available security controls, limiting access to authorized users, and obtaining any necessary consents. The applicable BAA governs the handling of PHI and controls over any conflicting provision of these Terms.
You agree to pay all fees for the Services in accordance with the pricing and billing terms presented at signup or in your order. Fees are exclusive of applicable taxes, regulatory fees, and surcharges — which may include universal service, regulatory recovery, cost recovery, and emergency 911 fees — that are your responsibility. Certain recovery fees are charged to recoup our regulatory and administrative costs and are not government-mandated taxes. Additional fees (such as reactivation or returned-payment fees) may apply as disclosed.
Recurring charges are billed in advance and usage-based charges in arrears, in U.S. dollars. Unless otherwise stated in your order, subscriptions renew automatically for successive terms until cancelled. You authorize us to charge your payment method on file for all amounts due. Past-due amounts may accrue interest at 1.5% per month (or the maximum allowed by law), and non-payment may result in suspension or disconnection of the Services. Except as required by law or expressly stated, fees are non-refundable and are not prorated on cancellation. Cancellations must be submitted in writing to billing@sipvoice.io.
Telephone numbers assigned to you are licensed, not owned, and remain subject to applicable numbering rules. We do not guarantee the success or timing of any port-in or port-out request and are not liable for delays caused by third parties. Number portability does not by itself terminate your account or your obligation to pay outstanding charges.
These Terms remain in effect while you use the Services. We may suspend or terminate the Services immediately for non-payment, violation of these Terms, or to comply with law or protect the Services, and may terminate for convenience on prior notice. Upon termination, your right to use the Services ceases, we have no obligation to store your communications or recordings, and we may delete your data in accordance with our Privacy Policy and any applicable BAA. Early termination fees may apply as stated in your order.
The Services, website, and all associated software, content, and trademarks are owned by SIPVOICE LLC or its licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended business purpose. You retain ownership of your own content and data.
The Services may interoperate with or link to third-party products and networks. We are not responsible for third-party services, and your use of them is governed by their own terms.
EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY COMMUNICATION WILL BE STORED OR DELIVERED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN TO CLAIMS RELATING TO EMERGENCY SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless SIPVOICE LLC, its affiliates, and their officers, directors, employees, and agents from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, your content, your calls or messages (including any failure of, or inability to reach, emergency services), or your violation of these Terms or applicable law.
Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association, on an individual basis. You and the Company waive any right to a jury trial and to participate in a class action or class arbitration. Notwithstanding the foregoing, either party may bring claims in small-claims court or seek injunctive relief to protect its intellectual property. Any claim must be brought within one (1) year after it arises. These Terms are governed by the laws of the State of [State], and any court proceeding not subject to arbitration will be brought exclusively in the courts located in [County/State].
We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disaster, pandemic, war, terrorism, labor disputes, power or internet failures, fiber cuts, or actions of third-party carriers or suppliers.
You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. There are no third-party beneficiaries. We may identify you as a customer in our marketing materials unless you notify us otherwise in writing.
We may modify these Terms from time to time. We will post the revised Terms on our website and update the effective date. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
Questions about these Terms may be directed to: SIPVOICE LLC.
Email: legal@sipvoice.io.
Mailing address: [Company mailing address].
