Terms of Service
Effective date: October 26, 2026
Draft for review. This document is a starting template and is not legal advice. Have it reviewed by a qualified attorney before publishing.
These Terms of Service ("Terms") form a binding agreement between [Company Legal Name] ("we," "us," or "our"), with its registered address at [Street address, City, State ZIP], and the business entity that creates an account ("Customer" or "you"). These Terms govern your use of Your Brand, including our website at https://example.com, customer portal, cloud phone system, mobile and desktop applications, and related services (together, the "Service").
By creating an account, placing an order, or using the Service, you agree to these Terms and to the documents incorporated by reference: the Privacy Policy, the Acceptable Use Policy, the Refund Policy, and the 911 Disclosure. If you do not agree, do not use the Service.
1. Account and Eligibility
1.1 Business use only. The Service is offered for business purposes. It is not intended for personal, family, or household use. By creating an account you represent that you are acting on behalf of a business, organization, or sole proprietorship.
1.2 Authority. The person who creates the account represents that they are at least 18 years old and have authority to bind the Customer to these Terms.
1.3 Accurate information. You must provide accurate and complete account, billing, and contact information, including a valid service address and a valid emergency (911) address for each phone number. You must keep this information current.
1.4 United States service. The Service and phone numbers we offer are intended for use by businesses located in the United States. Use outside the United States may be restricted and may affect emergency calling.
1.5 Account administrators. You are responsible for all activity under your account, including activity by any administrator, user, or device you authorize.
2. Service Description
2.1 The Service is a hosted business phone system (also called cloud PBX, VoIP, or UCaaS). Depending on your plan, features may include extensions, voicemail, voicemail to email, auto attendant (IVR) menus, ring groups, business hours routing, call history, call recording, desk phone provisioning, and softphone and mobile apps.
2.2 You may purchase United States phone numbers, including local and toll free numbers. Numbers are provisioned through one or more upstream telecommunications carriers.
2.3 Feature availability varies by plan and may change over time. Current plan details are shown on our website and in the customer portal at the time of purchase.
2.4 The Service depends on your internet connection, your equipment, and third party networks. It is not a traditional landline telephone service and has limitations described in these Terms and in the 911 Disclosure.
3. Subscriptions, Packages, and Add-ons
3.1 Packages. The Service is sold as subscription packages. Each package includes a set number of extensions, phone numbers, and features as described at the time of purchase.
3.2 Add-ons. You may purchase paid add-ons, such as additional extensions or phone numbers, through the customer portal. Add-ons are billed on the same billing cycle as your package unless stated otherwise.
3.3 Plan changes. You may upgrade or downgrade your package or add-ons in the customer portal. Upgrades generally take effect immediately and are charged on a prorated basis. Downgrades take effect as described in the Refund Policy. Some features or data (for example, stored call recordings) may become unavailable after a downgrade.
3.4 Usage limits. Packages may include fair use limits or limits on concurrent calls, minutes, storage, or similar resources. If a limit applies, it will be described in the plan details.
4. Billing
4.1 Payment processor. Payments are processed by Stripe, a third party payment processor. Card and bank details are submitted to and stored by Stripe. We do not store full card numbers on our systems.
4.2 Billing in advance. Subscription fees and recurring add-on fees are billed monthly in advance. Usage based charges, if any, may be billed in arrears.
4.3 Authorization. By providing a payment method, you authorize us, through Stripe, to charge all fees, taxes, and surcharges due under these Terms to that payment method on each billing date.
4.4 Price changes. We may change prices by giving at least [30] days notice by email or in the customer portal. New prices apply from the next billing cycle after the notice period. If you do not agree, you may cancel before the change takes effect.
4.5 Billing disputes. You must raise any billing dispute in writing to support@example.com within [60] days of the charge. Undisputed amounts remain payable.
5. Automatic Renewal
5.1 Your subscription renews automatically at the end of each monthly billing period for another monthly period at the then current price, unless you cancel before the renewal date.
5.2 You may cancel automatic renewal at any time in the customer portal or by contacting support. Cancellation takes effect at the end of the current billing period, as described in the Refund Policy.
6. Taxes and Regulatory Fees
6.1 Fees do not include taxes. You are responsible for all applicable federal, state, and local taxes, fees, and surcharges related to the Service.
6.2 Telecommunications services are subject to government imposed and regulatory charges. These may include, for example, contributions to the federal Universal Service Fund, state and local 911 or E911 fees, telecommunications relay service fees, and sales, use, or excise taxes. We may also charge cost recovery fees related to regulatory compliance.
6.3 These amounts may change without notice when the underlying rate or law changes. They are shown as separate line items on your invoice where practical. They are calculated based on your service address and the nature of the Service.
6.4 If you claim a tax exemption, you must provide a valid exemption certificate. Exemptions apply only from the date we receive and accept the certificate.
7. Late Payment and Suspension
7.1 If a payment fails or an invoice is not paid when due, we will notify you and may retry the charge.
7.2 If payment remains outstanding after [7] days, we may suspend the Service. During suspension, inbound and outbound calling, including calls to 911, may not work. See the 911 Disclosure.
7.3 Suspension does not stop recurring charges for phone numbers and other reserved resources unless the account is terminated.
7.4 When all overdue amounts are paid, we will restore the Service, usually promptly after payment is confirmed. We may charge a reasonable reconnection fee of [amount] if stated in your plan details.
7.5 If an account remains suspended for [30] days, we may terminate it under Section 18. Phone numbers on a terminated account may be released, as described in Section 8.
8. Phone Numbers and Number Portability
8.1 Numbers are assigned, not owned. Phone numbers are assigned to you for use with the Service. You do not own any phone number. Number assignment is subject to carrier rules, FCC rules, and numbering administration policies.
8.2 Changes to numbers. We or our carrier may need to change or reclaim a number where required by law, regulation, a carrier, or numbering authority, or in cases of fraud or abuse. We will give notice where reasonably possible.
8.3 Porting in. You may request to port existing numbers to the Service. You must provide accurate information and authorization from the current account holder. Port timing depends on the losing carrier and is not guaranteed.
8.4 Porting out. You may port your numbers to another provider, consistent with applicable FCC number portability rules. To complete a port out, your account must be active and in good standing, with all undisputed charges paid, and the information you give the new provider must match our records. We will not unreasonably delay or refuse a valid port out request. A completed port out does not cancel your account or other charges. You must cancel remaining services separately.
8.5 Abandonment after termination. If your account is cancelled or terminated and you have not ported your numbers out before the end of the service period, the numbers may be released back to the carrier after [30] days. Released numbers may be reassigned to others and may not be recoverable.
8.6 Caller ID and CNAM. You may only display caller ID numbers that are assigned to you or that you are authorized to use. Caller name (CNAM) listings depend on third party databases and updates are not guaranteed.
9. Service Levels
9.1 We use commercially reasonable efforts to keep the Service available and to perform maintenance during low usage periods where practical. We do not guarantee a specific uptime percentage unless stated in a separate written service level agreement signed by both parties.
9.2 Call quality and availability depend on factors outside our control, including your internet connection, local network, equipment, power, and third party carriers.
9.3 We may perform scheduled or emergency maintenance. We will try to give advance notice of scheduled maintenance that is expected to affect service.
9.4 Outage credits, if any, are handled under the Refund Policy.
10. 911 Emergency Calling Limitations
10.1 Emergency 911 calling through the Service has important limitations compared to traditional landline service. These limitations are described in the 911 Disclosure, which is incorporated into these Terms by reference.
10.2 You must read the 911 Disclosure, register and maintain an accurate emergency address for each phone number, inform all users of the 911 limitations, and place warning labels on devices as described in the 911 Disclosure.
10.3 911 calling will not work if the Service is suspended, if there is a power or internet outage, or in other situations described in the 911 Disclosure.
10.4 You should maintain an alternative way to reach emergency services, such as a mobile phone or landline.
11. Customer Responsibilities
11.1 Equipment and internet. You are responsible for providing and maintaining suitable internet service, network configuration, power, and compatible devices. You are responsible for configuring firewalls and routers so the Service can operate.
11.2 Credentials and security. You must keep portal passwords, SIP credentials, device credentials, and API keys secure and confidential. You must use strong passwords, enable available security features, and promptly notify us at support@example.com of any suspected unauthorized access.
11.3 Toll fraud. You are responsible for all calls and charges made through your account, including unauthorized or fraudulent calls resulting from compromised credentials, devices, or networks under your control. We may, but are not required to, monitor for or block suspected fraud. We may suspend service or restrict calling destinations to limit fraud. You remain responsible for resulting charges except where caused by our negligence or breach.
11.4 Users. You are responsible for your employees, contractors, and other users and for making sure they comply with these Terms and the Acceptable Use Policy.
11.5 Compliance with law. You must comply with all laws that apply to your use of the Service, including telemarketing, privacy, consumer protection, and communications laws.
12. Acceptable Use
Your use of the Service is subject to the Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the Acceptable Use Policy is a material breach of these Terms.
13. Call Recording
13.1 Some plans include call recording. You are solely responsible for deciding whether to record calls and for complying with all laws that apply to recording.
13.2 Recording laws vary. Some jurisdictions allow recording with the consent of one party to the call. Others require consent of all parties. You must determine which laws apply to your calls, give any required notices, and obtain any required consent, including for calls with parties in other states.
13.3 You are responsible for how you store, access, use, and delete recordings. We process recordings on your behalf as described in the Privacy Policy.
14. Intellectual Property
14.1 We and our licensors own all rights in the Service, software, applications, documentation, and trademarks. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, for your internal business purposes, under these Terms.
14.2 You may not copy, modify, reverse engineer, resell, sublicense, or create derivative works from the Service except as allowed by law or with our written permission.
14.3 You retain ownership of your data, including voicemail, recordings, greetings, and contact data ("Customer Data"). You grant us a license to host, process, and transmit Customer Data as needed to provide and support the Service.
14.4 If you give us feedback, we may use it without obligation to you.
15. Third Party Services
15.1 The Service relies on third parties, including upstream telecommunications carriers, our payment processor (Stripe), hosting providers, and emergency call routing providers.
15.2 We are not responsible for failures or delays caused by third party networks or services outside our reasonable control. Third party terms may apply to some features, such as app store terms for mobile apps.
15.3 Devices and software you obtain from third parties are subject to their own warranties and terms.
16. Disclaimers
16.1 Except as expressly stated in these Terms, the Service is provided "as is" and "as available." To the extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
16.2 We do not warrant that the Service will be uninterrupted, error free, or free of security vulnerabilities, or that every call will connect or be of a particular quality.
17. Limitation of Liability
17.1 To the extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunity, even if advised of the possibility.
17.2 To the extent permitted by law, our total liability arising from or related to these Terms or the Service will not exceed the amounts you paid us for the Service in the [12] months before the event giving rise to the claim.
17.3 Limitations of liability related to 911 service are described in the 911 Disclosure and apply in addition to this Section.
17.4 These limitations do not apply to your payment obligations, your indemnification obligations, or liability that cannot be limited by law.
18. Indemnification
You will defend, indemnify, and hold harmless [Company Legal Name] and its officers, employees, and agents from claims, losses, fines, and expenses (including reasonable attorneys fees) arising from: (a) your or your users' use of the Service; (b) your violation of these Terms, the Acceptable Use Policy, or law, including telemarketing, robocall, caller ID, and call recording laws; (c) Customer Data; or (d) any failure to provide accurate 911 address information or to inform users of 911 limitations.
19. Term and Termination
19.1 These Terms apply from when you first accept them until your account is closed.
19.2 You may cancel at any time in the customer portal or by contacting support. Cancellation takes effect at the end of the current billing period.
19.3 We may suspend or terminate the Service immediately if you materially breach these Terms, fail to pay, violate the Acceptable Use Policy, or if required by law, a carrier, or a regulator. Otherwise, we may terminate for convenience with [30] days notice.
19.4 After termination, your access ends and we may delete Customer Data after [X days], as described in the Privacy Policy. You should export any data you need before termination. Phone numbers are handled as described in Section 8.
19.5 Sections that by their nature should survive termination will survive, including payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.
20. Changes to These Terms
We may update these Terms from time to time. We will post the updated version with a new effective date and, for material changes, give at least [30] days notice by email or in the customer portal. Continued use of the Service after the effective date means you accept the updated Terms. If you do not agree, you may cancel before the change takes effect.
21. Governing Law
These Terms are governed by the laws of [the State of Delaware] and applicable United States federal law, without regard to conflict of law principles.
22. Dispute Resolution
22.1 Before filing a claim, each party agrees to try to resolve the dispute informally by sending written notice describing the dispute and negotiating in good faith for at least [30] days.
22.2 If the dispute is not resolved, it may be brought in the state or federal courts located in [county and state], and each party consents to the jurisdiction of those courts.
22.3 [Note for counsel: decide whether to include binding arbitration, a class action waiver, a jury trial waiver, or a small claims carve out, and revise this Section accordingly.]
23. General
23.1 Entire agreement. These Terms and the documents incorporated by reference are the entire agreement between the parties about the Service.
23.2 Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
23.3 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, except for payment obligations.
23.4 Severability and waiver. If any provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver.
23.5 Notices. We may send notices to the email address on your account. You may send notices to support@example.com or to [Street address, City, State ZIP].
24. Contact
[Company Legal Name] [Street address, City, State ZIP] Email: support@example.com Phone: +1 (555) 010-0000 Website: https://example.com