Terms of Service

5.1 Business Plans

Voxago Business Plans are sold for business and home-office use. They are not for personal or residential use, and you may not resell, transfer, or share access with any other person or organization without Voxago's prior written consent. Voxago may terminate your Service, change your plan, or alter pricing if it determines, in its reasonable discretion, that the Service is being used outside of these terms.

5.2 Acceptable Use

All use of the Service is subject to our Acceptable Use Policy (see Section 38). Voxago may immediately suspend or terminate Service in response to violations or reasonably suspected violations of the AUP.

5.3 User Responsibility

You are responsible for every use of your Voxago account, with or without your knowledge. We may send you account information — including passwords and one-time codes — by email. You acknowledge that email and the Internet are not perfectly secure transports and that third parties may attempt to intercept, alter, or misuse information sent over those networks. To protect your account, you should safeguard your user IDs, passwords, MFA secrets, and the MAC addresses or unique identifiers of any Voxago-provided device.

6.1 Authorization

You authorize Voxago to process your port-in order, contact your current carrier, and transfer the number(s) listed in your order. You represent that you have authority to take these actions. You may be required to provide a Letter of Authorization (LOA), a recent bill from the losing carrier, and any additional information requested by Voxago or the losing carrier. Failure to provide requested information will delay the port. Voxago is not liable for delays caused by you, the losing carrier, or third parties and will not issue credits for those delays.

6.2 Activation

You must install and activate your Voxago equipment on or before the Port Effective Date (before 11:00 a.m. ET on that date). Until the port completes, Voxago can assign you a temporary number to place and receive calls. You may also forward calls from your current carrier to your Voxago temporary number while the port is in flight, as long as the forwarding does not interfere with the port.

6.3 Limitation

Voxago may refuse to port in any number if it lacks the infrastructure or rate-center coverage to support it. Refusal is at Voxago's sole discretion and carries no liability.

6.4 Port-Out Fee

A one-time port-out fee of $5 per number (local or toll-free) applies when a number is ported away from Voxago. This fee must be paid before the port-out request is approved. Voxago will not unreasonably delay or refuse a port-out that complies with FCC rules.

7.1 Emergency Services — 911 Dialing

Voxago 911 dialing is not the same as traditional 911. Read the full E911 Disclosure at voxago.com/e911. Your Service will not be activated until Voxago receives your acknowledgment that you have read and understood the E911 Disclosure.

7.2 No 0+ / Operator-Assisted; Limited x11

The Service does not support 0+ or operator-assisted calls, including collect calls, third-party billing, 900 numbers, calling-card calls, or dial-around. Some x11 services (such as 311 and 511) may not be available in every area.

7.3 No Directory Listing

Telephone numbers issued by Voxago are not listed in printed or directory-assistance directories. Numbers you port in from a prior carrier may carry their existing directory status.

7.4 Incompatibility With Other Services

8.1 Service Term

Voxago provides the Service for the term you select at signup. Your term begins on the date you first order the Service ("Subscription Date") or the date we successfully process your first payment, whichever is later — not the date you receive your equipment or first place a call.

8.2 Automatic Renewal

Unless you cancel before the end of the current term, the Agreement automatically renews for a successive term of the same length at the then-current price. The renewal begins on the day after the last day of the prior term.

8.3 Our Right to Disconnect

Voxago may suspend or discontinue the Service generally, or your account specifically, at any time. We may disconnect immediately and without notice for non-payment, unlawful use, or any use that threatens the integrity, security, or availability of our network. Where required by state law for the rate center of your number, we will follow the applicable disconnect procedure.

All charges owed at the time of disconnect become immediately due. We may pursue collection of unpaid balances and report delinquencies to credit bureaus.

8.4 Termination by You

To terminate the Service, submit a written cancellation ticket to billing@voxago.com before the end of your current term. See also Voxago's Cancellation Policy in Section 30.

9.1 Ownership and Risk of Loss

Unless your order specifically describes a different model (rental or financed), you own each Device once it ships, and you bear the risk of loss, theft, or damage from that point forward — regardless of the payment plan you select. Returns of non-defective devices outside the 30-day money-back period (see Section 31) will not be accepted. Minimum-commitment plans may carry early-termination fees disclosed at signup.

9.2 Promotional Devices

Devices included in a plan at no charge may be refurbished or previously used. Devices supplied at no charge that are not returned upon cancellation will be invoiced at list price. See the Cancellation Policy for details.

9.3 Replacement of a Defective Device

Devices purchased from Voxago are covered only by their respective manufacturer warranties; Voxago does not extend or replace those warranties. Before returning equipment, you must contact Voxago at (888) 477-7795 so we can determine whether a defect exists and issue a Return Merchandise Authorization (RMA) number, which must accompany the return. You must ship the equipment to the address Voxago provides, following all RMA procedures, within seven (7) days of receiving the RMA. You are responsible for outbound shipping. Once the manufacturer has received the equipment, the replacement will be dispatched.

If Voxago provides an advance replacement and the defective unit is not received in returnable condition within fourteen (14) days, Voxago may charge you for the replacement or for any missing parts.

9.4 Damaged-on-Arrival

If a shipment arrives visibly damaged, note the damage on the carrier's bill or receipt, retain the original packaging and contents in the condition you received them, and contact Voxago support at (888) 477-7795 immediately for return instructions.

9.5 Tampering

You may not modify the electronic serial number, MAC address, or other unique identifier of any Voxago-supplied Device, nor factory-reset such a Device, without our prior written consent.

9.6 Approved Devices

Voxago Service may only be used with Voxago-approved devices obtained from Voxago or an authorized reseller. Use with unapproved devices may degrade quality, void support, and result in suspension.

10.1 Disclosure

Voxago discloses all standard fees and charges on voxago.com and may revise them from time to time. Updated pricing becomes effective on the date posted, or after any statutory waiting period that applies, and may apply to renewals of existing services. Introductory or promotional pricing is not retroactive and may be modified at our discretion.

10.2 Billing Increments

Billing increments depend on the plan you purchase. The current rate card on voxago.com governs.

10.3 Taxes

You are responsible for all applicable federal, state, county, and local taxes, fees, surcharges, and assessments — including sales tax, use tax, excise tax, Universal Service Fund (USF) contributions, value-added tax, public-utility tax, and any similar charges — arising from your subscription, your use of the Service, or your purchase of a Device. Such amounts are in addition to plan pricing and will appear separately on your invoice. If you are tax-exempt, you must provide Voxago with a valid, government-issued exemption certificate; the exemption is applied prospectively from the date Voxago receives the certificate, and no credits will be issued for taxes paid before that date.

10.4 Directory Assistance (411)

Each call to directory assistance (411) is billed at $1.99 per call.

10.5 Activation Fee

A one-time activation fee may apply and, when applicable, is disclosed on your first invoice or on voxago.com. The amount depends on the plan and product you select.

10.6 Regulatory Recovery Fee

A monthly Regulatory Recovery Fee may be assessed to offset costs Voxago incurs to comply with federal, state, and municipal regulatory obligations and related legal and billing expenses. This fee is not a government-mandated tax. It may apply to all assigned telephone numbers, including toll-free and virtual numbers.

10.7 Suspension Fee

Reactivating Service that has been suspended for non-payment may incur a Suspension Fee of up to $45, disclosed on your reactivation invoice.

10.8 Late Fee

An invoice that remains unpaid five (5) days past the due date is subject to a 10% late fee. An additional 10% late fee applies for each subsequent seven (7)-day period the invoice remains unpaid. Late fees apply to the entire outstanding balance.

10.9 Toll-Free Inbound Charges

Inbound minutes on assigned toll-free numbers are billed at $0.037 per minute unless your invoice or order form states otherwise. Toll-free numbers are issued only to customers who agree to the applicable toll-free terms and conditions, available on request.

11.1 Billing

We bill in advance for each month of the term. At signup you must provide a valid email address and an accepted payment method (credit card or other approved method). Voxago may decline to accept or continue accepting any specific payment method. You must notify Voxago promptly if your payment method expires, your billing address changes, your email changes, or your card is replaced for any reason. Except for usage-based charges, which are billed in arrears, all charges, fees, taxes, assessments, and surcharges for the upcoming month will be charged to your payment method on the billing date. Invoices are posted to your administrator portal and emailed to the address on file.

11.2 Payment Authorization

When you subscribe, you authorize Voxago to charge your payment method on file. That authorization remains valid for thirty (30) days after you terminate it. You also authorize Voxago to charge your payment method for any charges that are billed in arrears, even after the Service ends.

11.3 Collection

If your Service is disconnected for non-payment, you remain liable for all charges accrued under this Agreement and for all costs Voxago incurs to collect those charges, including reasonable collection costs and attorneys' fees. You also agree to pay any additional bank fees, chargeback fees, NSF fees, or merchant fees Voxago incurs because of a rejected or reprocessed payment.

11.4 Notices

Because it is difficult to distinguish credit cards from debit cards, you waive your rights under Regulation E to ten (10) days' advance notice of the amount we will debit. We may send billing reminders from time to time, but we are not obligated to.

11.5 Billing Disputes

You must notify Voxago in writing within seven (7) days of receiving your statement (or having funds debited) if you dispute a charge. Notice must be sent to billing@voxago.com. Disputes not raised within seven days are waived.

11.6 Suspension Schedule

• Late-fee notice — 3 days overdue.
• Late fee charged — 5 days overdue (see Section 10.8).
• Service suspended — 10 days overdue (see Section 10.7).
• Account terminated — 20 days overdue.

12.1 Prices and Fees

Voxago's prices and fees are disclosed during ordering or in your order form. You agree to pay the one-time and recurring charges that apply, plus taxes, setup fees, equipment charges, and shipping. Recurring charges are billed automatically on the first day of each billing cycle, which begins on your Subscription Date (Section 8.1).

12.2 Charges to Your Payment Method

You agree that Voxago may charge your payment method on file for all amounts due under this Agreement without additional notice or consent.

You agree to provide a credit card rather than a debit card. If your card is a combination credit/debit card, you authorize Voxago to use it as a credit card and to indemnify Voxago for any claims arising from supplying a debit card. If your card is declined or invalid, you will be unable to use the Service until your balance is paid in full — including 911 dialing.

12.3 Credit Balance Account

Your account may include a credit balance used to cover incidental charges (international calls, toll-free inbound minutes, directory-assistance calls, and related taxes). A credit limit will be set based on your plan and account history. When the balance hits the limit, additional charges of that type will be paused until the balance is paid down. Outstanding credit-balance amounts are charged to your payment method on file at your monthly anniversary or renewal.

12.4 Discontinuation for Non-Payment

Service may be denied or discontinued if your payment method is declined, expires, or is otherwise unable to settle a charge. Voxago will give you 24 hours to update payment details; if the issue is not resolved within 48 hours, the Service may be deactivated. Reactivation may be subject to the Suspension Fee (Section 10.7). Voxago reserves the right to modify per-minute pricing on notice. If Voxago retains a collection agency or counsel, you agree to reimburse Voxago for the reasonable cost of collection.

12.5 Promotions

Voxago may limit promotional eligibility per customer per period and may cancel any promotion at any time.

12.6 Cancellation Policy

Voxago's Cancellation Policy is set out in Section 30 and on voxago.com and is incorporated by reference. Cancellation requests must be submitted as a written ticket to billing@voxago.com before the end of the current term.

14.1 Customer-Side Equipment

You are solely responsible for obtaining, installing, configuring, and maintaining suitable customer-side equipment — including your computer, phone, router, switches, operating system, and any necessary software or firmware updates — needed to use the Service. Voxago provides technical support only for Voxago-supplied devices and Voxago-managed configuration.

14.2 Network Monitoring

Voxago measures and monitors network performance, including call-quality metrics, and may access information about your device profile and configuration in order to provide customized support. No changes will be made to your equipment without your consent. By using the Service, you consent to Voxago's collection of network telemetry as described in this section and our Privacy Policy.

15.1 Warranties

Voxago makes no express or implied warranty about the Service or any Device, including any warranty of merchantability or fitness for a particular purpose. Voxago does not warrant that the Service or any Device will operate without failure, delay, interruption, error, voice-quality degradation, or loss of data or content. No employee, agent, or representative is authorized to make a warranty on Voxago's behalf, and you should not rely on any such statement. You accept each Device as-is and are not entitled to a refund or replacement from Voxago beyond what manufacturer warranties expressly provide. To the maximum extent permitted by law, this section is to be applied in full; if any part is held unenforceable, the remainder shall continue to limit liability as far as the law allows.

No credit allowances are issued for Service interruptions, including interruptions to international calling.

15.2 Limitation of Liability

In no event shall Voxago be liable to you or any third party for any incidental, indirect, special, punitive, exemplary, or consequential damages, or for any damages for lost data, lost revenue, or lost profits, arising from or related to the Service, your inability to use the Service, the absence or failure of the Service, your inability to dial 911 or E911, your inability to reach security, law-enforcement, or fire services, any Device, the installation or use of any Device, or this Agreement.

Voxago is not liable for delays or failures to deliver the Service — including 911 dialing — caused by acts or omissions of underlying carriers, vendors, or third parties; equipment or facility failure; network upgrades or maintenance; events beyond our reasonable control (including acts of God, weather, fire, war, riot, government action, terrorism, strikes, or pandemics); loss of power or Internet at Voxago or at your premises; or any cause beyond our control. Voxago is not liable for unauthorized access to its or your facilities or for the alteration, theft, or destruction of your data, files, programs, or information, regardless of how that occurs. Voxago's total liability for any act or omission shall not exceed the Service charges for the affected period. These limitations apply to claims founded in contract, warranty, product liability, tort, and every other theory of liability, whether or not Voxago has been advised of the possibility of such damages. You agree to reimburse Voxago for the reasonable cost of defending against any claim for which this section disclaims liability, including attorneys' fees.

18.1 Governing Law

This Agreement and the relationship between you and Voxago are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Subject to the arbitration provisions below, the exclusive venue for any judicial action arising under this Agreement is the state or federal courts located in Miami-Dade County or Broward County, Florida.

18.2 No Waiver

Voxago's failure to enforce any right or provision is not a waiver of that right or provision. Voxago reserves all rights at law and in equity to proceed against anyone who uses the Service or a Device illegally or improperly. All determinations under this Agreement are made by Voxago in its reasonable discretion.

18.3 No Third-Party Beneficiaries

Anyone who is not a party to this Agreement has no remedy, claim, liability, reimbursement, or cause of action under it. This Agreement does not create third-party beneficiary rights.

18.4 Entire Agreement

This Agreement — together with the order form, the applicable service description, the AUP, the Privacy Policy, and the E911 Disclosure — is the complete agreement between you and Voxago and governs your use of the Service. It supersedes all prior agreements, statements, understandings, and writings about the same subject. Except as expressly permitted in this Agreement, changes are binding only if signed by both parties.

18.5 Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be construed to give effect to the parties' original intent to the maximum extent permitted by law.

19.1 Agreement to Arbitrate

You and Voxago agree to arbitrate any dispute or claim between us — including disputes about the formation, scope, applicability, or enforceability of this arbitration provision — on an individual basis. "Dispute" is to be given the broadest meaning permitted by law and includes claims arising from or relating to the relationship between you and Voxago, whether based in contract, tort, statute, fraud, misrepresentation, or any other theory, claims that arose before this Agreement, and claims that may arise after the Agreement terminates. References to "Voxago," "us," and "you" include the parties' respective affiliates, successors, agents, and any authorized or unauthorized user of the Service.

19.2 Informal Resolution

Most concerns can be resolved quickly by our support team. If you have a dispute, please first contact Voxago support at (888) 477-7795 or at support@voxago.com. If the issue is not resolved to your satisfaction, you may proceed as described below.

19.3 Notice of Dispute

Before initiating arbitration, a party must first send a written Notice of Dispute to the other. A Notice of Dispute to Voxago must be sent by certified mail to: Voxago LLC, Attn: Legal Department, 1047 Buchanan St, Hollywood, FL 33019. A Notice of Dispute to you must be sent by certified mail to the last mailing address you registered with Voxago. The notice must describe the nature and basis of the dispute and the relief sought. If the dispute is not resolved within thirty (30) days after the notice is received, either party may begin arbitration. Any settlement offer is confidential and shall not be disclosed to the arbitrator until after the arbitrator has determined the award.

19.4 Arbitral Body and Rules

The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling AAA at 1-800-778-7879. The seat of arbitration is Miami-Dade County, Florida. If permitted by the AAA Rules, the hearing may be held by video conference.

19.5 Waiver of Jury Trial

You and Voxago agree that by entering into this Agreement, both parties are waiving the right to a trial by jury.

19.6 Waiver of Class Actions

All claims must be brought in the parties' individual capacities, not as a plaintiff or class member in any purported class or representative action. The arbitrator may not consolidate the claims of more than one person and may not preside over a representative or class proceeding. If this class-action waiver is held unenforceable, the entire arbitration provision is null and void.

19.7 Statute of Limitations

You must bring any claim within one (1) year after the event or facts giving rise to it (except for billing disputes, which are governed by Section 11.5), or the claim is waived.

19.8 Exceptions

Either party may (a) bring an eligible dispute in small-claims court; (b) initiate collection of a past-due balance; (c) bring intellectual-property disputes in a court of competent jurisdiction; (d) pursue fraud, unauthorized use, or piracy claims in a court of competent jurisdiction; and (e) seek interim or preliminary relief from a court of competent jurisdiction to protect rights or property pending arbitration.

19.9 Changes to This Section

Notwithstanding any other change provision in this Agreement, if Voxago materially changes this arbitration section, you may reject the change and require Voxago to honor the language in effect at the time of your acceptance.

28.1 On-Site Installations

Voxago's responsibilities:

• Deployment of all necessary telecommunications equipment.
• Programming and configuration of the equipment to match your requirements.
• End-to-end testing to confirm functionality.
• Configuration of call flows per your specifications.
• Provisioning credentials for desktop and mobile communicator applications.
• Providing access to relevant documentation.
• Configuration of the network where you grant access at installation.

Customer's responsibilities:

• Installation of Cat 5e or better cabling to each IP phone.
• Sufficient grounded power for each device.
• An Uninterruptible Power Supply (UPS) and surge protection (strongly recommended).
• Internet/WAN connectivity sized for the planned VoIP traffic, including firewall rules and Quality of Service (QoS).

28.2 Remote Installations

Voxago's responsibilities mirror the on-site list, performed remotely. Customer's responsibilities include on-site installation assistance (phone and server placement, basic user training), Cat 5e or better cabling, sufficient grounded power, UPS/surge protection (recommended), and appropriately sized Internet/WAN connectivity with firewall and QoS configured.

29.1 Duration

Voxago's standard support agreement runs from the date of installation for one (1) year and renews thereafter on the same terms unless terminated as described in this Agreement.

29.2 Performance

Voxago will assist with manufacturer warranties (e.g., Yealink, Poly, Cisco) to keep your phone system operating under normal use. If equipment fails through normal wear, Voxago will help repair or replace it. This support arrangement does not cover labor or materials for moves, adds, or changes, which are billed at Voxago's prevailing rates (including travel time where applicable).

29.3 Exclusions

Support does not cover damage from acts of nature (lightning, flood, storm), power surges or brownouts, accident, negligence, vandalism, abuse, theft, unauthorized modification, failure to maintain manufacturer-specified environmental and electrical conditions, damage caused by host systems or peripherals, or any customer-side fault or omission. Where such causes apply, the support agreement is void with respect to the affected equipment and Voxago's standard hourly rates apply.

29.4 Parts and Replacements

As a Florida-based company, Voxago helps administer manufacturer warranties on equipment purchased from Voxago and supplies replacement parts and trained technicians. If a part is not in stock, Voxago will exhaust available distribution channels to source it. Shipping costs (including expedited delivery for replacement parts) are the customer's responsibility.

29.5 Emergency vs. Non-Emergency Service

Voxago responds to emergency service calls (complete loss of inbound or outbound service, or primary answering position down) on a priority basis. Non-emergency support is delivered during normal business hours (9:00 a.m.–5:00 p.m. ET, Monday–Friday, excluding holidays). After-hours service is available at our prevailing rates. Our target response time for emergencies is within four business hours.

29.6 Where Work Is Performed

Most maintenance is performed remotely using Voxago's approved remote-access tools. At Voxago's discretion, work may be performed on-site or at a Voxago facility. The customer is responsible for providing HVAC, light, and power at the customer's location. Work performed outside normal business hours at the customer's request is invoiced at the applicable after-hours rate.

29.7 Reporting Trouble

• Email: support@voxago.com
• Portal: support.voxago.com — submit a ticket describing the issue.
• Phone: (888) 477-7795 — speak with a Voxago support representative.

Prompt reporting helps us resolve issues quickly.

29.8 Customer Assistance

Customer agrees to provide Voxago personnel with the information needed to diagnose the issue and reasonable access to the equipment, including remote access where applicable.

29.9 Unauthorized Maintenance

If unauthorized third parties service the equipment while it is under this support agreement and the work, in Voxago's reasonable judgment, increases the maintenance burden of the system, Voxago may adjust the support pricing and/or terminate the support agreement.

29.10 Limitation of Support Liability

Voxago is excused from its support obligations to the extent performance is delayed, hindered, or made impracticable by causes beyond its reasonable control. Voxago disclaims all other warranties, statutory or otherwise, regarding support services. Voxago is not liable for any indirect, incidental, special, punitive, or consequential damages relating to support, including lost profits or lost use, even if advised of the possibility.

29.11 Payment

Annual support fees specified in the order form must be paid for this support agreement to remain in force. Unless otherwise specified, payments should be remitted to: Voxago LLC, 1047 Buchanan St, Hollywood, FL 33019.

29.12 Toll-Fraud Disclaimer

While Voxago helps configure recommended security controls to reduce toll-fraud risk, no system is fully immune to fraudulent intrusion or misuse, including via DISA, auto-attendants, voicemail, RMATs, toll-free services, and similar features. The customer bears the risk of toll fraud and unauthorized use.

29.13 Local Service and WAN Issues

If an issue originates with a local service provider or your WAN, Voxago will not charge for diagnosis of 20 minutes or less. Voxago will then direct you to contact the local provider for repair. If diagnosis of a third-party network issue runs longer, Voxago provides assistance at a discounted rate of up to 85% of standard rates.

29.14 Moves, Adds, and Changes (MACs)

MACs to customer equipment require mutual written agreement and are billed at standard rates. The person signing on the customer's behalf warrants authority to bind the entity. The customer remains liable for all amounts owed, including reasonable attorneys' fees and costs in case of collection.

30.1 Initial 30 Days

Once an order or onboarding agreement is executed, the Agreement is binding for the initial term. If you cancel within thirty (30) days of execution, you will pay an early-termination fee consisting of:

• MRC — one full month's monthly recurring charge plus any installation or setup costs Voxago has incurred.
• Port-In Fee — $5 per number ported into Voxago during the initial 30 days (no fee if no numbers were ported).
• Port-Out Fee — see Section 6.4.
• Equipment Restocking — 30% of the total cost of the equipment.
• Installation Fee — $45 per user for on-site installations; $15 per user for remote installations.

30.2 After the Initial 30 Days

If you cancel after the initial thirty (30)-day period, you owe the total contractual commitment remaining at the time of cancellation, plus any applicable non-recurring charges (NRCs), including the port-out fee in Section 6.4.

30.3 Internet or T-1 Circuits

If you ordered an internet circuit or T-1 from Voxago and cancel before installation, a $150 processing fee applies. If you cancel after installation, you owe 100% of the remaining contractual amount on the circuit.

30.4 Notice Requirements

Cancellation must be in writing and signed by an authorized party. Verbal cancellations are not accepted. Submit your notice — including the cancellation date, the subscriber name, and the number(s) to disconnect — by ticket to billing@voxago.com, by mail, or by signed PDF attached to email. Cancellations after the first day of the billing cycle obligate you to pay the full invoice for that cycle, and you may continue using the Service through the last day of the cycle.

32.1 Delivery

Unless Voxago confirms different delivery terms in writing, all deliveries of Products are made FCA (INCOTERMS 2010) at Voxago's designated shipping point. Voxago may charge shipping and handling, which may appear as a separate line item on the invoice.

32.2 Title and Risk of Loss

Title and risk of loss for all Products pass to the customer when the Products are transferred to a carrier at Voxago's designated shipping location. Title to software remains with Voxago and its licensors. If the customer fails to pay for Products within thirty (30) days of shipment, title may, at Voxago's discretion and upon written notice, revert to Voxago.

Delivery dates are approximate. Voxago is not liable for shipping delays however caused. Voxago may deliver in advance of the quoted date upon reasonable notice.

For international shipments, Voxago may arrange for its shipping vendor to deliver the Products in the destination country, provided that (a) the shipment is permitted by Voxago, its suppliers, OEMs, and applicable regulations; (b) the delivery term remains FCA at Voxago's designated shipping point; (c) the customer remains responsible for shipping-related charges; (d) Voxago's shipping agent manages export and import; and (e) the customer remains responsible for compliance with import/export laws.

Claims for non-delivery must be submitted in writing within five (5) working days of (i) the date of invoice or (ii) receipt of partial delivery. The customer agrees to notify Voxago promptly if the invoice is received before the Products.

The customer accepts partial deliveries unless otherwise agreed in writing. Where partial shipments are agreed, each delivery is treated as a separate contract. Failure to deliver one installment, or a claim about one installment, does not entitle the customer to treat the entire contract as repudiated or to cancel other installments.

If the customer fails to take delivery within 48 hours after the scheduled shipment date or to provide adequate delivery instructions, Voxago may, without prejudice to any other remedy: (a) store the Products at the customer's expense, including insurance; (b) terminate the contract and resell the Products; or (c) ship the Products via a freight forwarder to the customer's business location, with the customer responsible for reasonable freight and insurance charges. Title and risk of loss pass to the customer when Products are transferred to the freight forwarder at Voxago's or its supplier's designated shipping location.

The customer bears all costs (including original and return-carriage costs) of any unjustified refusal of delivery.

The customer's right to possess any unpaid Products immediately ceases upon (a) appointment of a receiver over the customer's property; (b) the customer's liquidation or administration; (c) the customer's general assignment for the benefit of creditors or appointment of an administrator or receiver; (d) the customer's bankruptcy or inability to pay debts as they come due; or (e) the customer's ceasing or threatening to cease to trade.

35.1 Pass-Through Warranties

You acknowledge that Voxago is not the original manufacturer ("Supplier") of the Products and that all Products are sold subject to the express warranty terms, if any, of the original Supplier. Any software supplied is governed by the Supplier's licensing terms. Voxago will pass through to you the warranties it is authorized to pass through.

35.2 Title and Disclaimers

Voxago warrants that title to Products is free of security interests, liens, and encumbrances at the time of delivery. Voxago does not warrant against third-party IP infringement. All warranties, conditions, or other terms implied by common law or statute (other than title) are excluded to the maximum extent permitted by law, except in the case of fraudulent misrepresentation.

38.1 General Prohibitions

• Violating applicable laws or regulations.
• Using the Services in a manner that may expose Voxago or its suppliers to civil or criminal liability or regulatory enforcement.

Activities impacting security or reliability:

• Damaging, interfering with, overburdening, or otherwise adversely impacting the availability, reliability, or stability of the Services or any third-party system or network.
• Attempting to circumvent or break any security mechanism of the Services, or using the Services in a manner that poses a security risk to Voxago, its suppliers, any User, or any third party.
• Benchmarking, tampering with, unauthorized testing of, reverse-engineering, decompiling, or otherwise using the Services to discover limitations or vulnerabilities or to evade filtering capabilities.
• Using the Services in hazardous environments requiring fail-safe performance (for example, nuclear facilities, aircraft navigation, air-traffic control, or other systems whose malfunction would foreseeably risk injury or death).

38.2 Protecting Individuals' Rights

• Engaging in fraudulent, deceptive, or misleading activity affecting third parties (including impersonation of phone numbers, email addresses, or other identifiers) or bypassing legitimate identification systems.
• Using the Services to harvest information about individuals (including emails or phone numbers) without their explicit consent or under false pretenses.
• Engaging in spamming, unsolicited or harassing marketing, or any activity that violates anti-spam, data-protection, or privacy laws — including the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act (TCPA), the Telephone Consumer Fraud and Abuse Prevention Act, the Children's Online Privacy Protection Act, and the Do-Not-Call Implementation Act.
• Failing to obtain legally required consent from third parties (or their parents or guardians) for the collection, use, and disclosure of their personal data as described in the Privacy Policy.
• Recording or monitoring calls or communications without complying with applicable laws, including obtaining required prior consents.

38.3 Telecommunications-Specific Limitations

• Violating standards, policies, or guidelines published by recognized industry associations — including the CTIA Short Code Monitoring Handbook and Messaging Principles and Best Practices, and the Canadian Wireless Telecommunications Association guidelines.
• Violating telecommunications-provider or other service-provider requirements communicated by Voxago.
• Using long virtual numbers or voice numbers to receive identity-verification messages, bulk messaging, automated messaging, autodialed messages, or pre-recorded messaging.
• Forwarding from a virtual number to a dead endpoint — Users must make a reasonable attempt to receive or answer the forwarded call or message.
• Artificially inflating traffic (for example, generating traffic intended to boost an entity's revenue without legitimate purpose), including induced inbound calls or calls to toll-free numbers without a legitimate business reason.
• Maintaining a high volume of unanswered calls, or calls (including TTS) under twelve seconds in length.
• Using Voxago-issued long virtual numbers as identifiers for outbound calls or messages sent through providers other than Voxago.
• Transmitting caller or sender identification for outbound communications without validating the right to use that identification ("spoofing" or unauthorized presentation).

38.4 Inappropriate or Harmful Content

Using, storing, uploading, downloading, submitting, transmitting, distributing, or facilitating the distribution of any information containing "inappropriate content," including content that:

• Is libelous, slanderous, defamatory, threatening, sexually explicit, vulgar, profane, obscene, offensive, abusive, malicious, or otherwise harmful to any person or entity; constitutes or promotes "hate speech"; or is otherwise discriminatory based on race, sex, creed, religion, nationality, disability, sexual orientation, language, or age.
• Contains fraudulent offers for products or services, or advertising or promotional materials that contain deceptive, false, or misleading statements, representations, claims, or data — including fraudulent use of credit cards.
• Contains or transmits viruses, Trojan horses, worms, ransomware, or other malicious or destructive code.
• Promotes, markets, or relates to illegal activities or terrorism.
• Infringes, misappropriates, dilutes, or violates intellectual-property rights or other rights of third parties — including trademark, copyright, patent, trade secret, publicity, and privacy rights.
• Constitutes or relates to adult services or adult-nature content (including nudity or sexual activity), except where appropriate age-gating is in place, the content is legal in the relevant jurisdiction, and Voxago has expressly approved the use.
• Markets alcohol, firearms, or tobacco without appropriate age-gating where required by law.
• Contains sensitive financial or identification information or documents.
• Contains "protected health information" under HIPAA, except under an active Business Associate Agreement (BAA) with Voxago or under the "conduit exception" or another applicable exception to BAA requirements.

38.5 API Platform-Specific Limitations

In connection with API Platform Services only, Users may not:

• Offer or purport to offer services that connect Users with emergency-services personnel or public-safety answering points (911, E911, or local equivalents).
• Bundle, aggregate, or otherwise combine messages originating from any other telephone number, or engage in group messaging — each number must only be used for messages originating and terminating to that single unique number.
• Resell, sublicense, rent, or time-share the Services or any portion of them (including data received through Number-Insight or Verify services) without Voxago's express prior written consent.
• Make the Services available to anonymous Users, or fail to obtain, maintain, or (upon Voxago's request) provide reasonable Know-Your-Customer information for each User as required by applicable law — at minimum, name, address, verified email address, payment method, and, where the User is a legal entity, state or country of formation, contact person, and company registration number.
• Send a substantial amount of voice traffic only to specific regions or number ranges within a country in a manner that would cause Voxago to incur disproportionate costs.
• Use the Services in any manner that results in charges by third parties (originating access charges, dip charges, collect calls, calls to NPA-976-XXX or 900-XXX-XXXX numbers, or other premium-billing services).
• Violate country-specific SMS or voice-service requirements.

38.6 Application Services — Fair-Use Limits

Voxago's business service plans are intended for normal, reasonable business use consistent with the calling patterns of at least 95% of Voxago Business customers on the same plan ("typical use"). Unlimited calling and messaging plans are not intended for unique organizations such as call centers (unless you have purchased the Voxago Contact Center Service), resellers, fax-messaging services, telemarketing firms, or use without live dialog (such as transcription, intercom, or monitoring services).

Voxago may remove or block communications, including calls to specific countries determined solely by Voxago, if Voxago suspects an AUP violation, considers it necessary to protect the Services, network, employees, or other Users from harm or fraud, or is required by applicable law. Voxago may take such action without advance notice if needed; any subsequent unblocking of specific destinations requires a written waiver of liability from Customer.

Examples of usage Voxago considers outside normal use include resale, use without live dialog (monitoring or transcription), iterative dialing, fax broadcast or fax blasting, telemarketing not pre-approved in writing by Voxago, bulk call-in lines (sales/support call centers unless using the Voxago Contact Center Service), "hotlines," 900 numbers, sports-line numbers, and call- or contact-center uses not running on Voxago-approved platforms.

As a guide, Customer may be considered in violation of this AUP if any of the following occur:

• Aggregate outbound domestic long-distance calling exceeding 3,000 minutes per Unlimited Extension or Premier seat per month, pooled across all Customer lines.
• For non-bundled toll-free numbers: aggregate inbound domestic toll-free calling exceeding 500 minutes per Unlimited Extension or Premier seat toll-free number per month, pooled across all Customer toll-free lines.
• For bundled TFNs: usage beyond the bundle's included minutes incurs a $0.037 USD/minute overage.
• Facsimile pages exceeding 500 pages pooled across all customer facsimile lines per month (excluding Personal Fax).
• Personal facsimile pages exceeding 500 pages per personal-fax line per month (assigned to a single extension).

If Customer's usage is excessive or abusive based on the above, Voxago reserves the right to charge, and Customer agrees to pay, the following per-minute or per-page fees:

• Outbound domestic long-distance calling — $0.03 USD/minute.
• Facsimile pages — up to $0.06 USD/page.
• Bundled TFN — $0.037 USD/minute.
• Flat-rate / unbundled TFN — $0.06 USD/minute.

Voxago will offer Customer an opportunity to correct abnormal usage patterns. If Customer fails to conform to normal use after Voxago's notice, Voxago may charge the above amounts, transfer Customer to a more appropriate plan and apply the corresponding rates, implement other limitations, or suspend or terminate the affected Services.

Prohibited uses (in addition to those above) include:

• Spamming or blasting — sending one hundred (100) or more bulk or junk voicemails or faxes simultaneously.
• Bulk call-in lines (sales or support call centers) unless using the Voxago Contact Center Service.
• Auto-dialing or "predictive" dialing — non-manual dialing or using software or other means to continuously place outbound calls.
• Using an email mailbox exclusively as storage space for data.

Voxago reserves the right to review User accounts at any time for potential AUP abuses and to determine abnormal or abusive usage. If Voxago determines a violation, it may invoice Customer and Customer shall pay the per-minute or per-page fees described above.

38.7 Backup Wireless Service

Any Backup Wireless Service offered by Voxago is not intended to be Customer's primary Internet source. It must be used only as a backup or failover when the Customer's primary connectivity is materially degraded or unavailable. If Voxago determines that Backup Wireless Service is being used as primary access (whether or not the plan contemplates overage), Voxago may, on prior written notice, suspend or terminate that service. Customer is liable for all charges associated with such use, including overages and any third-party costs incurred by Voxago. Voxago may throttle or reduce Service as needed to protect its network or its carrier obligations and to mitigate costs; such actions may affect Customer's other Voxago Services and do not entitle Customer to service credits or termination rights.

38.8 SMS / Texting (10DLC)

SMS/Texting through Voxago is not unlimited and is subject to U.S. 10DLC requirements for A2P messaging. Voxago will register Customer's brand and campaigns where required, enforce throughput limits set by carriers, and apply daily caps to maintain message deliverability. "10DLC" stands for 10-Digit Long Code, the standard for A2P messaging in the United States. Voxago may adjust limits and pricing as carriers update their requirements.