Vonix Terms & Conditions

Last Updated: November 20, 2025

Your Vonix services are provided by Vonix, LLC, including its affiliates, assigns and agents (“Vonix,” “we,” “us” or “our”). These Terms and Conditions (“T&Cs”) are part of your service agreement with Vonix and constitute a contract under which we provide you Service under terms and conditions that you accept. Your service agreement (“Agreement”) with us includes (i) these T&Cs, (ii) our Privacy Policy located at https://www.vonix.io/privacy-policy/ , (iii) our Acceptable Use Policy located at https://www.vonix.io/acceptable-use-policy/ , (iv) any subscriber agreement or transaction materials that you sign or accept, (v) any supplemental terms and conditions that may apply to any Service plan(s) and/or Equipment/Device(s) that you select, (vi) any confirmation materials that we may provide to you, (vii) any other supplemental terms and conditions that we provide or otherwise make available to you, and (viii) any additional provisions linked to in any of the above materials. In the event of a conflict between these T&Cs and any other materials that makeup the Agreement, these T&Cs shall govern to the extent necessary to resolve the conflict.

Please read these T&Cs carefully. They cover important information about our services provided to you (“Service”), including voice/data/messaging services, applications, platforms, hosting, data connections, data storage, and related support; any handsets, devices, hardware leases, or equipment provided or purchased by you from Vonix necessary to access or utilize your service(s) and/or  any other equipment or third party device used with our Service (“Equipment”); and any access and usage charges, taxes, fees, assessments, and other charges we bill you or that were accepted or processed through your Service or Equipment (collectively, “Charges”). These T&Cs include terms regarding service plan changes and late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court.

Acceptance. YOUR AGREEMENT WITH VONIX STARTS WHEN YOU ACCEPT. You represent that you are at least the age of majority in your state of residence, and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following: (a) giving us a written or electronic signature or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; or (d) paying for the Service after receiving an invoice from Vonix either electronically or through the mail or other method(s). IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS.

Authorized Users. You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you. Authorized changes may require your agreement to new T&Cs.

1.0 SERVICE & CUSTOMER RESPONSIBILITIES

1.1 Service Activation. Your Service will operate only after you have purchased and activated a Vonix Service plan. The Activation Date is the date on which Vonix makes the Service functional and available for your use, including the ability to place and receive calls through your assigned numbers or devices. Activation occurs when the Service is provisioned, configured, and capable of standard operation, regardless of whether you have begun using the Service.

1.2 Lawful Use. You agree to use the Service and Equipment exclusively for lawful, legitimate business or personal purposes, and in full compliance with these T&Cs, the Acceptable Use Policy, carrier requirements, and all applicable laws and regulations. You shall not use, or allow others to use, the Service in any manner that is fraudulent, abusive, deceptive, harmful, or otherwise prohibited by law or by this Agreement.

1.3 User Responsibility. You are solely responsible for all activity occurring through your account, Service, or Equipment, whether performed by you, your employees, your agents, or any third party (authorized or unauthorized). You are responsible for all charges, obligations, and consequences arising from such activity.

1.4 Security Obligations. You must safeguard all account credentials, including passwords, API keys, access tokens, and administrative logins. You agree to notify Vonix immediately of any unauthorized or fraudulent use of your Service or account.

1.5 Software License. Vonix grants you a limited, non-exclusive, non-transferable, revocable license to use the Software solely in connection with the Service. The Software is licensed, not sold. You may not, and shall not permit others to, modify, copy, distribute, reverse engineer, decompile, disassemble, translate, or create derivative works from the Software or attempt to derive its source code. All rights not expressly granted are reserved by Vonix.

1.6 Service Expiration and Renewal. For all Vonix Service plans, expiration is determined by the terms of your selected plan. To ensure uninterrupted Service, you are responsible for renewing your plan or account before your service term expires.

1.7 Customer Name and Logo Usage. For business customers, you grant Vonix a limited, non-exclusive, revocable license to use your company’s name and logo in Vonix marketing and promotional materials, including case studies, customer listings, presentations, and the Vonix website. This license is solely for the purpose of identifying you as a Vonix customer and does not constitute or imply any endorsement of Vonix unless expressly agreed in writing. You may opt out of this usage at any time by submitting a written request to support@vonix.io. Upon receiving your opt-out request, Vonix will remove your name and logo from future materials and will make commercially reasonable efforts to remove such materials from active use.

2.0 BILLING, PAYMENT TERMS, AND CHARGES

2.1 Charges. YOU AGREE TO PAY ALL CHARGES THAT WE BILL YOU OR THAT WERE ACCEPTED OR PROCESSED THROUGH YOUR PLAN. All Vonix Service plans are measured on 30-day monthly cycles except that 12-month plans may be measured on 30-day and/or 31-day cycles, for a maximum of 365 days total. Your service period begins on the first day of the month and ends on the last day of the month.  Your monthly charge is billed and due on the first day of each month. Your first invoice will be prorated from the Activation Date to the end of the first billing month. In the event of non-payment by the due date, you authorize Vonix to automatically charge any valid payment method on file for all outstanding fees as of the due date, including any applicable taxes, surcharges, and past-due amounts. Invoices will be sent to the billing email address on file on or by the first of each month. It is your responsibility to maintain a valid payment method on file with Vonix and a valid email address for receipt of invoices.

2.2 Automatic Payments. We may offer you the opportunity to set up automatic payments through the method of payment on your account, which payments will be automatically charged at the beginning of your applicable payment cycle (“Autopay”). When you enroll in Autopay, automatic payments for plan fees that you incur will continue until you cancel. The recurring charge may vary if you change your plan, add or remove services, incur overages, or we change our prices, following notice to you. You may cancel Autopay or review your payment preferences at any time by contacting our customer service department at billing@vonix.io or managing your account online at account.vonix.io. You must change your Autopay preferences or cancel 24 hours prior to the end of your payment cycle in order for the change to go into effect. No minimum purchase is necessary to enroll in Autopay.

2.3 Suspension and Cancellation. Your account may be canceled for any violation of these T&Cs or the Acceptable Use Policy, or if the following occurs: (1) your service has expired without a successful renewal payment, which places you in suspended status, and (2) you have not successfully paid for any plan renewal for 60 days or more while in suspended status. If your account is cancelled, your outstanding balance remains due and subject to collection by Vonix or its affiliates. Upon cancellation for any reason, we may reassign the phone number associated with your account, and you may be unable to transfer that number to a different carrier.

2.4 Refund upon Cancellation. All payments are non-refundable. You may cancel or we may terminate, suspend, or adjust (in accordance with these T&Cs and our Acceptable Use Policy) any Service plan that you purchase from us at any time; provided that, except as otherwise required by applicable law, you will not receive any refund of amounts paid to us in connection with any such Service plan whether cancelled by you or terminated, suspended, and/or adjusted by us. No refunds or credits will be issued for partial-month service, early cancellations, or unused services.

2.5 Billing Errors: In the case of a billing error, contact us within 30 days for a review. Verified errors will be credited to your account.

2.6 Late Fees & Non-Payment. A late fee of 1.5% or the highest amount allowable under state law may be applied to payments more than 15 days past due. If payment is not received within 5 days of the due date, we may suspend your Service without notice. Suspension of Service for non-payment does not relieve you of your obligation to pay for the full contracted Term. You remain liable for the Charges for the entire Term of the Agreement, even if your Service is suspended or terminated due to non-payment.

2.7 Plan Changes.  You may request to upgrade service or add features at any time. To downgrade service or deactivate users for the next billing cycle, you must notify us at least two business days prior to the start of the next billing cycle (the 1^st of the month).  Plan changes received after this date will be applied on the next billing cycle.

2.8 Price Adjustments.  We may adjust prices with 30 days’ written notice due to changes in taxes, fees, or our cost to provide Service. Upon notice, you may terminate your Service without penalty within 30 days.

3.0 TAXES, FEES, AND SURCHARGES

3.1 Taxes, Fees and Surcharges. You are responsible for, and shall pay, the taxes, fees and surcharges set forth in Sections 3.0 (“Taxes, Fees and Surcharges”) in connection with your Service account. Such Taxes, Fees and Surcharges will be included in your Service Charges (a) at the time you order the Service and (b) each time there are any further Charges to your Service account. Payment of Taxes, Fees and Surcharges may be in addition to payment for the Service or included as part of Flat Rate billing. 

3.2 Bundled Charges and Flat Rate Billing. Vonix may, at its discretion, bill you for Service Bundles that include all applicable government-imposed taxes, fees, and surcharges. These bundled charges are presented as a consolidated flat rate to provide convenience and predictability in your monthly billing. When this billing method is applied, Vonix will provide a breakdown of the bundled charges on your first monthly invoice, either:
(a) as an addendum to the invoice containing the initial flat-rate charges, or
(b) in the event of any changes to the flat-rate charges resulting from an increase in applicable taxes, fees, or surcharges. You may request a detailed, itemized breakdown of all included taxes and fees at any time by contacting billing@vonix.io.

3.3 Descriptions of Fees. This section serves as notice of the full scope of Taxes, Fees, and Surcharges that may be included in your bundled charges.

3.3.1 Recovery Fee. The Recovery Fee is assessed by Vonix to help recover Vonix’s administrative and certain other costs associated with complying with various federal, state, municipal, local, and other governmental programs, statutes, regulations, taxes, fees, and charges, now in force or enacted in the future. The Recovery Fee is calculated as a flat, per-plan fee (refer to table below), plus an additional 2.5% of the plan cost which is applied to help recover other administrative fees. Although added to the overall Charges, the Recovery Fee is separate from the cost of Service and the Recovery Fee shall not result in the purchase of any additional Service or Usage. We set the Recovery Fee, and the amount and what the Recovery Fee includes may change without notice.

3.3.2 Federal Universal Service Fund Fee. The Federal Universal Service Fund Fee is designed to recover Vonix’s contribution to the Federal Universal Service Fund program. The Federal Universal Service Fund Fee is used to fund programs to increase access to advanced telecommunications services for consumers in rural areas at reasonable rates and provides federal program funding. Rates may change as determined by the Federal Communications Commission. The Universal Service Administrative Company (“USAC”) establishes a quarterly contribution factor, and Vonix charges its customers the then-applicable rate charged to Vonix by USAC.

3.3.3 Federal Regulatory Recovery Charge. The Federal Regulatory Recovery Charge includes costs imposed by regulation on telecommunications providers including, but not limited to, funding Telecommunications Relay Service for customers who are deaf, hard-of-hearing, or have a speech disability, and national number administration and number portability.

3.3.4 Other Government Fees. Certain other government fees require a Zip code to calculate, since they vary depending on your location. Please see below Section 3.4 (Government Taxes) for a description of how we may determine your Zip code for these other government fees. These other government fees include federal, state, municipal, local and other governmental fees now in force or enacted in the future, including without limitation:

(a) The State Universal Service Fund Fee. The State Universal Service Fund Fee is assessed as a percentage of intrastate revenues, gross revenues, or as a flat rate per line as set forth by the various state, county or municipal jurisdiction. Certain state agencies establish a quarterly, semi-annual or annual contribution factor, and Vonix may choose to charge its customers to recoup the state universal service fund fees charged to Vonix.

(b) Local 9-1-1 Fees. Each state, city, municipality, or county has specific charges that are levied for access to 9-1-1. Determination of the applicable 9-1-1 charges depends on where you purchase Vonix Service. Vonix may bill its customers for 9-1-1 charges. Any such 9-1-1 charges are a monthly recurring charge assessed on a per line basis and will appear on your monthly or multi-month receipt.

3.4 Government Taxes. Certain federal, state, municipal, local or other governmental agencies may impose Government taxes, including without limitation sales and use taxes, now in force or enacted in the future, which are assessed as a result of your subscription to, use of, or payment for Vonix Service. To determine government taxes, we will use the street address on file. If a credit card address is not on file, then we will use the ZIP code you entered upon activation of the Service. If activation ZIP code does not exist, then we will default to the ZIP code of Vonix’s headquarters: 32804. If you did not identify the correct address, or if you provided an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned the above-described ZIP code for tax purposes. In the event of a disputed tax jurisdiction location being assigned, any tax refund must be requested within sixty (60) days of our notification to you that the tax has been assessed.

3.5 Your Right to Dispute Charges. Unless otherwise provided by law, you agree to notify us of any dispute regarding your bill or Charges to your account within sixty (60) days. If you do not notify us of your dispute in writing with supporting documentation within this time period, you may not pursue a claim in arbitration or in court. You must pay disputed Charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or Charge, you agree that the issue is fully and finally resolved.

4.0 TEXT MESSAGING (SMS/MMS/RCS)

4.1 Use of Messaging Services. Your use of Vonix messaging services—including SMS, MMS, and RCS—is subject to these T&Cs and the Vonix Acceptable Use Policy (“AUP”). All messaging-related obligations, consent requirements, carrier rules, and usage limitations referenced in the AUP form part of this Agreement. You are responsible for ensuring that all messaging conducted through your account complies with the AUP and applicable law.

4.2 10DLC Campaign Registration. You are required to register your messaging campaigns under the 10DLC framework.

4.3 Customer Acknowledgement and Disclaimer. By submitting a registration request, you acknowledge that any templates, guidelines, or recommendations provided by Vonix for 10DLC compliance are for informational purposes only and should not be considered legal advice. It is your sole responsibility to ensure that your messaging practices adhere to all applicable laws and regulations. Vonix strongly recommends consulting with a qualified attorney to address any specific legal concerns.

4.4 Customer Responsibility and No Guarantee of Approval.  You agree to assist in the registration process as requested, which may require you to make updates to your own website, social media pages, or contact forms to align with vetting requirements. You acknowledge that Vonix cannot guarantee the approval of any 10DLC campaign registration by third-party carriers or The Campaign Registry.

4.5 10DLC Fees.  Vonix reserves the right to apply or waive a Campaign Registration Recovery Fee for any account requesting a 10DLC registration.

4.6 Non-Transferability.  Approved 10DLC campaigns are tied to your service with Vonix and are non-transferable. Campaign approvals do not follow your phone numbers if they are ported to a different service provider.

4.7 Messaging Compliance Requirements. Your use of Vonix messaging services—including SMS, MMS, and RCS—is subject to the Vonix Acceptable Use Policy (“AUP”), which governs all messaging practices, requirements, limitations, and restrictions. You agree to comply with all messaging-related obligations set forth in the AUP, including but not limited to:

• Registration Requirements: Complying with all campaign, brand, or use-case registration requirements (including 10DLC) as described in the AUP and providing any information reasonably requested by Vonix for compliance purposes.
• List and Consent Requirements: Adhering to all recipient consent, opt-in, and opt-out requirements set forth in the AUP, including prohibitions on messaging purchased or third-party generated lists.
• Content and Conduct Restrictions: Ensuring all messaging content complies with the AUP, carrier rules, and applicable laws, including restrictions on unlawful, fraudulent, misleading, harmful, or deceptive messaging practices.
• Rate, Throughput, and Frequency Limits: Following all message frequency, rate, and throughput limitations described in the AUP.
• Message Volume Limits: Complying with the messaging volume limits associated with your selected Vonix plan, as defined in the AUP. Messaging allowances may be proportionally adjusted for customers receiving discounted service rates.
• Industry and Carrier Standards: Following all industry standards, carrier requirements, and regulatory rules incorporated by reference into the AUP.

Your continued use of Vonix messaging services constitutes your agreement to comply with all current and future AUP requirements. Vonix may update the AUP at any time to reflect changes in law, carrier policies, or industry standards, and you agree to remain compliant with any such updates.

4.8 Messaging Billing and Overage Usage. All Vonix plans include a base monthly messaging allotment. You acknowledge and agree that: Additional messaging usage beyond the included allowance may result in overage charges; Optional prepaid messaging packages may be available to increase your monthly allotment; Postpaid overage billing may apply if your total monthly usage exceeds your included or prepaid allotments; Messaging usage and overage calculations follow the billing cycle established by Vonix and described in the AUP, and any resulting charges will be added to your regular monthly invoice; Messaging usage may be subject to security deposit requirements at Vonix’s sole discretion, based on usage patterns, compliance risk, payment history, or other reasonable business considerations.

4.9 Responsibility for Messaging Activity. You are solely responsible for all messaging sent through your account, whether authorized or unauthorized. Vonix may limit, suspend, or terminate messaging capabilities or your Service if your messaging activity: (a) Violates these T&Cs or the AUP, (b) Causes or is likely to cause carrier blocking or deliverability issues, (c) Exceeds reasonable or permitted usage patterns, (d) Generates regulatory, compliance, or financial risk, (e) Or otherwise threatens Vonix’s network integrity or relationships with carriers.

5.0 PROMOTIONS AND OFFERINGS

From time to time, and in Vonix’s sole discretion, we may offer certain promotions (including, without limitation, credits, discounts, or “free” Service), for any reason whatsoever, to any subset of customers (e.g., new port-in customers, customers who meet certain eligibility requirements, etc.). For avoidance of all doubt, in addition to all other terms and conditions contained in these T&Cs, including but not limited to any applicable promotional terms, together with all other promotional terms which Vonix may publish as a supplement to these T&Cs, all of which shall apply to any such promotion according to these T&Cs, you and Vonix each agree that any promotion, to the extent available to you, any Vonix customer, or any subset of Vonix customers, shall only be offered, if at all, in Vonix’s sole discretion, and may be modified or terminated at any time without notice. Without limiting the foregoing, to the greatest extent permissible by applicable law, under no circumstances shall any promotional credits, discounts, or “free” Service be transferrable, combinable with any other offer, or redeemable for any amount of cash or credit.

6.0 EQUIPMENT

6.1 Compatible Equipment. You must use only supported, compatible Equipment to access the Vonix Service via the Vonix network. Only certain phones, computers, and devices are considered supported Equipment. Vonix will provide you with a list of supported Equipment upon your request. Modems, bypasses, VPNs, gateways, automated relay equipment, and any other Equipment used for commercial, masking, routing, tunneling, or re-direction purposes are not supported Equipment and violate our Acceptable Use Policy. This includes the use of VPNs or network configurations that obscure, reroute, or alter your true network identity, location, or traffic patterns in a manner that may impair service quality, disrupt voice performance, interfere with carrier routing requirements, or prevent accurate emergency service handling. You agree not to use any VPN, proxy, tunneling service, or network manipulation tool that negatively impacts call quality, stability, latency, packet loss, or the proper functioning of the Service. Vonix reserves the right, in its sole discretion, to restrict, block, or suspend any connection that uses an unsupported VPN or network configuration or that otherwise disrupts service integrity. Failure to use a supported, compatible Equipment when accessing our network may result in immediate termination of your Service.

6.2 Leased Equipment. All leased Equipment remains the sole property of Vonix at all times. You are responsible for maintaining leased Equipment in good working order and in the same condition in which it was provided, ordinary wear and tear excepted. Upon termination of Service for any reason, you must return all leased Equipment to Vonix in good condition within ten (10) business days. Failure to return the Equipment on time, or returning Equipment that is damaged beyond normal wear and tear, will result in your being charged the full then-current retail replacement price for each unreturned or damaged item. You agree that Vonix may charge any valid payment method on file for these amounts. For leased Equipment that has been continuously active on your account for twenty-four (24) months or longer, you may request a replacement device of comparable model and condition. Eligibility for replacement requires that your account be in good standing, and Vonix will determine availability and model equivalency in its sole discretion. Replacement of leased Equipment does not transfer ownership and is subject to the same return obligations described above. Vonix reserves the right to charge additional fees if repeated replacement requests indicate misuse, neglect, or improper handling of leased Equipment.

6.3 Purchased Equipment. Equipment you purchase from Vonix includes a one-year warranty against defects in materials or workmanship, beginning on the original date of sale. This warranty does not cover damage caused by misuse, neglect, improper installation, unauthorized modifications, accidents, environmental conditions, or normal wear and tear. All warranty evaluations and determinations of defect are made by Vonix or the manufacturer in their sole discretion.

6.4 Customer-Provided Hardware. If you choose to use your own hardware, Vonix will review the equipment for compatibility and will make reasonable efforts to configure and support it. However, you acknowledge that Vonix cannot guarantee the performance, reliability, or full functionality of any customer-provided device. Vonix may determine, in its sole discretion, that certain hardware cannot be supported due to age, firmware limitations, lack of manufacturer support, known performance issues, or a history of negatively impacting Service quality. In such cases, you agree to either replace the incompatible hardware or use Vonix-supported application-based softphones. A one-time setup or provisioning fee may apply for customer-provided hardware. Vonix does not provide any warranty or service guarantee for customer-provided devices, and you remain responsible for any Service issues arising from their use.

6.5 Tampering. You agree not to modify, alter, remove, obscure, or tamper with any serial number, MAC address, device identifier, firmware, or factory configuration of the Equipment without Vonix’s prior written consent. Unauthorized modifications may impair Service functionality and will void all warranties and may result in suspension or termination of Service.

6.6 Lost or Stolen Equipment. You agree to notify us if your Equipment is lost or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will not be responsible for additional usage Charges incurred in excess of your Service plan Charges, and applicable Taxes, Fees and Surcharges. If you request that we not suspend your Service, you will remain responsible for all usage and Charges incurred and applicable Taxes, Fees and Surcharges. We may prevent lost or stolen Equipment from registering on any network. You may request that we investigate Charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the Charges were unauthorized, we will credit your account. If we determine the Charges were authorized, we will inform you within thirty (30) days and you will remain responsible for the Charges.

6.7 Equipment and Accessory Returns. For Vonix-provided Equipment and accessory returns and exchanges, including a description of applicable restocking fees and/or shipping and handling fees depending upon the product condition, see the applicable return policy, which is available by contacting Vonix customer support. Some Vonix-provided Equipment and accessories may not be refunded or exchanged, and you may be required to pay a restocking fee. Equipment offered to Vonix customers, if any, will comply with the FCC’s regulations concerning hearing aid compatibility. Products purchased from retail locations may not be covered by these return policies and must be returned to the retailer location. Vonix makes no representations about such returns.

6.8 Equipment Warranty Information. All new Equipment purchased from Vonix come with a one-year manufacturer warranty from the original date of sale. All refurbished Equipment purchased from Vonix come with a 60-day warranty from the original date of sale. If your Equipment is defective, please contact support@vonix.io to see if the Equipment is eligible for a warranty replacement. If eligible, we will replace the defective Equipment with Equipment of the same cosmetic condition or comparable model at our discretion.

6.9 Warranty Conditions. Our conditions for a warranty claim are as follows: (a) Your warranty only covers defects in materials or workmanship. It does not cover defects arising from damage or normal wear-and-tear or aging. (b) The warranty covers issues such as software-related issues, camera defects, unresponsive keys, dead pixels, etc. The warranty does not cover issues like diminishing battery life, scratches, accidental damage, coverage issues, or software incompatibility/problems with third-party apps. Attempting to ‘root’ or otherwise modify your Equipment will void its warranty.

6.10 Warranty Exclusions. Our warranties expressly exclude certain categories of damage and use of your Vonix Equipment. These exclusions, which we do not cover, include possible costs or damages for which you will not be reimbursed. The limits of what we provide above relate to the Equipment itself. We are not responsible for lost data or the time that you were without Equipment. We encourage you to back up your data regularly, as no one else will take responsibility for the restoration of any lost data. We are not responsible for any consequential damages, from the loss of your Equipment, the loss of your data, or the time you were without your Equipment. We do not warrant any Equipment for merchantability or fitness for a particular purpose. These warranties are specifically disclaimed.

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, VONIX IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED WITH A THIRD PARTY AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE DO NOT MANUFACTURE OUR EQUIPMENT. THE ONLY WARRANTIES APPLICABLE TO OUR EQUIPMENT ARE THOSE EXTENDED BY THE MANUFACTURERS. WE HAVE NO LIABILITY, THEREFORE, IN CONNECTION WITH EQUIPMENT OR FOR MANUFACTURERS’ ACTS OR OMISSIONS. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

7.0 EMERGENCY 9-1-1 SERVICES

7.1 E-911 Emergency Services. VoIP-based 911 service is subject to important limitations and may not operate in all circumstances. The service will not function during power failures, internet outages, network disruptions, or if your connection is otherwise unavailable. Vonix registers E-911 service to the physical address you provide and associates it with the telephone number assigned to your account for emergency routing purposes. This registration applies only to that specific number and location. It does not cover devices used at a different location—including home, remote, or off-site environments—when those devices rely on the main number registered for 911. You are solely responsible for supplying an accurate physical service address and for immediately updating your address any time your device or Service is moved to a new location.

7.2 Incompatibility. The Service may not be compatible with certain non-voice systems like security alarms or medical monitoring devices. You waive any claim against us for interference with such systems.

7.3 Emergency and 9-1-1 Information and Emergency Alerts. When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. Vonix is not responsible for failures to connect or complete 9-1-1 calls for any reason whatsoever, including without limitation if inaccurate location information is provided. 9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. We or our network supplier may use a variety of information and methods to determine the location of a 9-1-1 call, including Global Positioning Satellites, our network supplier’s network, the street address you have provided us as your primary use location (“Primary Address”), or other information. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third-party entities are involved in connecting a 9-1-1 call and neither Vonix nor its network supplier determines the public safety agency to which your 9-1-1 call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented. If you are porting a phone number to us, it is your obligation and responsibility to make certain that all information forwarded from the port out carrier is accurate and complete. If you dial 9-1-1 while outside the U.S., 9-1-1 services may not be available.

8.0 NUMBER MANAGEMENT & PORTING

8.1 Number Portability.  We will process valid requests to port your number to a new provider in accordance with applicable laws and FCC regulations. You must provide all necessary and accurate information, including any required PIN, for the port request. Please note that while we will not refuse a valid port request due to an outstanding balance, you remain fully responsible for all charges and fees owed on your account, which will be billed to you upon termination of service.

8.2 Directory Listing. Numbers you obtain from us are not listed in directories. Ported numbers may retain their previous listing status.

8.3 Additional Numbers. Your Vonix Service includes one toll-free number per account and one local Direct Inward Dialing (DID) number per active user, unless otherwise stated in your Service Order. Additional local or toll-free numbers may be requested at any time and are subject to Vonix’s then-current monthly fees. Vonix reserves the right to charge activation fees, recurring fees, or usage-based fees for any additional numbers beyond those included with your plan. All such fees will appear on your monthly invoice.

8.4 Caller ID and SPAM Flagging. You are responsible for the calling practices associated with your account numbers. To prevent your numbers from being flagged as SPAM, you agree to follow industry best practices for outbound calling. You acknowledge that third-party analytics companies, not Vonix, ultimately control SPAM flagging. If you believe one of your numbers has been incorrectly flagged, Vonix can provide reasonable assistance in disputing the flag with the relevant third-party services. However, Vonix cannot guarantee the outcome or timeline for the removal of any SPAM flag.

9.0 TERM, TERMINATION, & CANCELLATION

9.1 Term Renewal. At the end of the initial Term, your Service will automatically renew for successive renewal periods equal in length to the initial Term unless Vonix receives your written cancellation notice at least thirty (30) days prior to the expiration of the then-current Term.

9.2 Termination. You may terminate your Service at any time by contacting Vonix through an authorized support channel. For no-contract (month-to-month) plans, termination will take effect at the end of your current billing cycle, and you remain responsible for all charges incurred through the last day of that cycle. No refunds, prorated credits, or reimbursements will be issued for any unused portion of your Service. For term-based (contract) plans, you remain responsible for all charges through the end of the current contractual Term. Early termination fees (“ETFs”) may apply if you cancel Service before the end of the agreed-upon Term. Termination does not relieve you of your obligation to pay any outstanding balances, one-time charges, equipment fees, overages, taxes, or other amounts owed under this Agreement.

9.3 Early Termination Fees. If you are on a term-based (contract) plan and choose to cancel your Service before the end of your agreed contractual Term, an early termination fee (“ETF”) will apply. The ETF reflects the costs and commitments Vonix incurs when providing discounted pricing, equipment, provisioning, onboarding, and other benefits associated with a contracted Term. Your ETF will be calculated as the monthly recurring charges for all contracted services multiplied by the number of months remaining in your Term. Any outstanding one-time fees, taxes, equipment charges, or previously deferred amounts will also become immediately due upon termination. For customers on no-contract (month-to-month) plans, termination becomes effective at the end of your current billing cycle and no ETF applies. You remain responsible for all charges through the last day of the cycle, and no refunds or credits will be issued for unused service.

9.4 Cancellation of Service Order. If you cancel a Service Order before installation or activation of the Service, Vonix may assess a termination fee equal to one (1) month of the contracted service charges. This fee compensates Vonix for scheduling, provisioning, configuration work, and resources allocated in preparation for installation. All one-time fees, including but not limited to setup fees, configuration fees, equipment provisioning fees, and any messaging or campaign registration fees, are non-refundable and remain due regardless of cancellation. Vonix may charge any valid payment method on file for these amounts.

9.5 Misuse of Service or Equipment. By activating or renewing Vonix Service with Vonix, you agree that you do so because you want Vonix Service from Vonix and not for any other purposes. Vonix Service plans may only be used for the following purposes (and your use of Vonix Service must be initiated from your supported, compatible Equipment: (i) voice calls between two individuals; (ii) text and picture messaging; and (iii) communication via our platform or providers with who Vonix has an integration via our API.  You agree not to misuse the Service or Equipment, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Equipment to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) using the Service for continuous, mobile to landline or landline to mobile voice calls; (e) using the Service for automated text or picture messaging to other Equipment or email address; (f) tampering with or modifying your Equipment; (g) “spamming” or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (h) reselling Vonix Service for profit, or tampering with, reprogramming or altering Equipment for the purpose of reselling the Service; (i) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Vonix’s or another entity’s network or systems; (j) using the Service to relay voice calls or text and picture messages not originated from the Equipment; or (k) assisting or facilitating anyone else in any of the above activities. Voice services may not be used for monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, relay services, interconnection to other networks, telemarketing activity, autodialed calls or robocalls.

9.6 Our Rights to Limit or End Service or the Agreement. WE MAY LIMIT, ADJUST, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE AT ANY TIME AND FOR ANY REASON, including, without limitation, if we determine, in our sole discretion, that you or any authorized user has done (or, based on other types of behavior, you or any user may do) any of the following: (a) breach the Agreement (including, without limitation, the Acceptable Use Policy); (b) transfer Service to another person without our consent; (c) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (d) misuse your Service or Equipment as described in Section 9.5 above; (e) use your Service or Equipment in a manner that is excessive, unusually burdensome, or unprofitable to us, or which otherwise violates our Acceptable Use Policy; or (f) are on a Service plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 10XXX, 0+/0-, chat services, 900 or 976 calls), in our sole discretion and without notice.

Vonix reserves the right to cancel or deactivate Vonix Service in order to protect its network or supplier’s network from harm or to protect itself from financial or other harm due to any cause including, without limitation, the excessive and/or unauthorized use of Vonix Service or any credit card “chargebacks.” Vonix reserves the right to limit Services, or the amount of data transferred and to deny or terminate Service to anyone Vonix believes is using the Vonix Service in an unauthorized manner or whose usage, in Vonix’s sole discretion, adversely impacts its network supplier’s network or customer service levels. Vonix will presume you are engaging in an unauthorized use in violation of these T&Cs, if in Vonix’s sole discretion, you are initiating an abnormally high number of calls or messages, or repeatedly placing calls of unusually long duration, or if your talk or data usage is harmful or disruptive to Vonix’s network or its supplier’s network or service levels or to Vonix’s financial or other interests. If we determine, in our sole discretion, that you are using your Service in violation of these T&Cs or in any other manner that we deem to be unreasonable or excessive, we may terminate individual calls or data connections, terminate or reduce calling or messaging capability, or terminate your Service, decline to renew your Service, or offer you a different Service plan with different usage components which may result in an increased cost to you.

Vonix may discontinue providing Vonix Service to you, discontinue your account, terminate calling or messaging connections and/or reduce availability of Services if your usage, in the sole judgment of Vonix: (i) appears likely to generate abnormally high call or message volumes and/or abnormally long average call or message lengths as compared to the usage of other Vonix customers; or (ii) may be harmful or disruptive to, or interfere with, Vonix’s network supplier’s network, Vonix’s service or the ability to provide quality service to other customers. By initiating Vonix Service and placing or receiving calls or sending messages, you acknowledge and agree to Vonix’s right to terminate your Service under these circumstances.

If we limit, suspend or terminate your Service and later reinstate your Service, you may be charged a reinstatement fee.

9.7 No Future Service. In the event Vonix terminates your Vonix Service for any reason, we reserve the right to prohibit you from using any Vonix Service plan in the future by blocking your device from our network, prohibiting you from using a new Vonix Service account that you purchase, or through other means.

10.0 NOTICES AND CUSTOMER COMMUNICATIONS

10.1 Receipt of Communications. You expressly consent to receive all communications, agreements, documents, notices and disclosures (“Notices”) from us, at the telephone number or email address associated with your Service, or physical or electronic address you provide to us. Notices from us to you are considered delivered when we deliver them to your cell phone by text message or voice, or by email to any email address you provide to us, or three (3) days after mailing to your address on file.

10.2 Notice to Vonix. Except where a different method is expressly required within these T&Cs, all notices, requests, demands, or other communications to Vonix under this Agreement must be sent to the following contact information:

Vonix, LLC
PO Box 547066
Orlando, FL 32854
Phone: (407) 289-8920
Email: billing@vonix.io

Notices sent by email are deemed delivered when transmitted, provided no bounce-back or error message is received. Notices sent by U.S. mail are deemed delivered three (3) business days after mailing.

10.3 Autodialed or Prerecorded Messages. We may at times contact you using autodialed or prerecorded message calls or text messages at the telephone number associated with your cell or landline device. We may place such calls or texts to (i) provide notices regarding your Vonix account or account activity, (ii) investigate or prevent fraud, (iii) inform you about products or services that may be of interest to you, or (iv) collect a debt owed to us. You agree that we and our service providers may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We may also share your phone number with service providers with whom we contract to assist us in pursuing these interests but will not share your phone number with third parties for their own purposes without your consent. Standard telephone minutes and text charges may apply.

10.4 Revocation of Consent. You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use Vonix Service. Where Vonix is required to obtain your consent for such communications, you may choose to revoke your consent by any reasonable means, including by (i) contacting our customer service department at (407) 289-8920, (ii) writing to: Vonix, PO Box 547066, Orlando, FL 32854, Attn: Customer Service, or (iii) managing your account preferences on the Vonix website. Written notices from you to us are considered delivered when you send an email or three (3) days after mailing to the address above.

10.5 Registered Agent. To begin arbitration or any other legal proceeding against Vonix, you must serve our registered agent. For all customers, our registered agent is Vonix Corporate Headquarters at 1914 Edgewater Dr. Orlando, FL 32804.

10.6 Consent to Receive Text Messages. By providing your mobile phone number, you consent to receive text messages from Vonix related to our products and services, promotional offers, or account and delivery notifications. Message frequency may vary. Standard message and data rates may apply depending on your carrier. You may opt out of receiving text messages at any time by replying with “STOP” to any text message you receive from us. After opting out, you will receive a confirmation message, and we will cease sending text messages to your number. If you need assistance or have questions about our text service, reply with “HELP” to any text message you receive, or contact our customer support team at vonix.io. Your phone number will be handled in accordance with our Privacy Policy available at https://vonix.io/privacy-policy/. We do not sell or share your phone number with third parties except as required by law.

11.0 DISPUTE RESOLUTION AND ARBITRATION

11.1 VONIX AND YOU AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICE, MARKETING PRACTICES, EQUIPMENT OR PRODUCTS, WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL, NON-REPRESENTATIVE, BASIS. This binding dispute resolution and arbitration process (the “ADR Process”) shall also apply to any claims against other parties relating to Service, Equipment, or Devices provided or billed to you (such as our suppliers, Dealers or third-party vendors) whenever you also assert claims against us in the same proceeding. This also includes any claims brought after your service agreement with Vonix terminates. The ADR Process shall survive the termination of this Agreement. For the avoidance of doubt, the above phrase “any and all claims or disputes” includes any claims under the Telephone Consumer Protection Act, which are also subject to this ADR Process. As provided in Section 11.6 below, the Parties expressly agree that the arbitration provisions, as embodied in this ADR Process, shall be governed by federal law, including the Federal Arbitration Act and federal case law interpreting the Federal Arbitration Act. For purposes of enforcing any arbitration award, Vonix and you agree that the exclusive venue shall be United States District Court, Middle District of Florida (the “Federal Court”), in the first instance, and in the District Court for the State of Florida, County of Orange, in the event the Federal Court does not have subject matter jurisdiction or diversity jurisdiction. Notwithstanding the foregoing, please be advised this Agreement affects interstate commerce, such that federal law would preempt state law. To the extent allowed by law, you agree to waive any argument that this Agreement does not affect interstate commerce.

11.2 WAIVER OF JURY TRIAL. BY AGREEING TO ARBITRATE ALL DISPUTES, VONIX AND YOU ARE BOTH WAIVING ANY STATUTORY AND CONSTITUTIONAL RIGHTS TO A JURY TRIAL. TO THE EXTENT ALLOWED BY LAW AND TO THE EXTENT THE ADR PROCESS AND THIS ARBITRATION AGREEMENT IS FOUND TO BE UNENFORCEABLE, VONIX AND YOU WAIVE STATUTORY AND CONSTITUTIONAL RIGHTS TO A JURY TRIAL. PLEASE BE ADVISED THAT THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT.

11.3 Pre-arbitration Dispute Resolution. Before initiating any arbitration against Vonix, you must comply with this provision. For all disputes, you must first give us an opportunity to resolve your claim by calling our customer service department at (407) 289-8920 and providing a written description and supporting documentation of your claim, if requested by the Vonix care agent. Vonix and you each agree to negotiate your claim in good faith. If Vonix and you are unable to resolve the claim within sixty (60) days after Vonix receives your claim description and supporting documentation, you may pursue your claim in arbitration.

11.4 Small claims option. As an alternative to arbitration, Vonix may choose to resolve payment disputes in small claims court in the county of your most recent billing address. Vonix and you agree that if you fail to timely pay amounts due, Vonix may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by applicable law or the Agreement.

11.5 Demand for Arbitration. Either you or we may start arbitration proceedings following the above described 60-day period. You may submit a demand for arbitration using one of the following arbitration services through their Orlando, Florida administrative office:
(1) American Arbitration Association (“AAA”), Orlando, Florida; and
(2) JAMS, administered through JAMS Miami, Orlando, Florida.

However, in all cases, you must serve all necessary paperwork through our registered agent pursuant to Section 10.5 of these T&Cs.

11.6 Arbitration Rules. You and Vonix agree that the following rules will apply (the “Arbitration Rules”), depending on which arbitration service provider you select:

1. If AAA is selected, the AAA Commercial Arbitration Rules then in effect with AAA (available at https://www.adr.org/rules); or
2. If JAMS is selected, the JAMS Comprehensive Arbitration Rules & Procedures (available at https://www.jamsadr.com/rules-comprehensive-arbitration/).

If for any reason the arbitration service provider you select declines to administer the Claim, you must submit your Claim to the remaining arbitration service provider. If both AAA and JAMS decline to administer the Claim, then you or Vonix may file a petition in Federal Court for the appointment of an arbitrator pursuant to 9 U.S.C. Section 5.

Vonix and you agree to arbitration before a single arbitrator (the “Arbitrator”). The Arbitrator must be a retired judge or appellate justice but otherwise will be selected pursuant to the applicable Arbitration Rules. Notwithstanding anything to the contrary or any state’s conflict of laws rules, in order to ensure the availability of witnesses, the Arbitrator will sit in Orlando, Florida, where Vonix is headquartered, or Orange County, Florida. If you live outside of Orlando, Florida or Orange County, Florida, the Arbitrator shall permit you to fully participate in the arbitration hearing by videoconference, and the Arbitrator shall have discretion to allow any party to fully participate in the hearing by videoconference upon request. The purpose of this provision is to ensure that the ADR Process is more accessible than a court trial and that you are not dissuaded from bringing a legitimate claim because you need to personally attend court proceedings. In all cases, the Arbitration Rules shall apply, except as modified by the Agreement. Notwithstanding anything to the contrary in the Arbitration Rules, Vonix voluntarily agrees to the following: if the dispute involves less than $75,000.00, and you agree to limit your maximum recovery to $75,000.00, you may elect to have Vonix pay for the costs invoiced by the selected arbitration provider (“Arbitration Costs”). To the extent otherwise required by applicable law, the Arbitration Rules, or as required of Vonix to enforce the ADR Process, Vonix will pay for or reimburse Arbitration Costs. Otherwise, Vonix and you will equally share the payment of Arbitration Costs. The term Arbitration Costs does not include attorney’s fees incurred by you or Vonix. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. 

11.7 Discovery. Notwithstanding anything to the contrary in the Arbitration Rules, to the extent permitted by applicable law, you and Vonix agree that discovery shall be limited to one deposition per side and ten requests for production of documents and materials, including any electronically stored information, reasonably tailored to the issues in the case, given the Arbitrator’s discretion to limit the production of electronically stored information or shift the cost to the party seeking the production of electronically stored information, depending on the circumstances presented to the Arbitrator. The purpose of this provision is to ensure that the arbitration process is more affordable than an action in Court and that you are not dissuaded from bringing a legitimate claim based on the broader range of discovery permitted in a court action. Notwithstanding the foregoing, the Arbitrator will have discretion, upon a showing of good cause and necessity to ensure a fair hearing on the merits, to expand the limits of discovery to include additional depositions, additional document requests, or expanded to include written interrogatories in lieu of additional depositions.

11.8 CLASS ACTION WAIVER. VONIX AND YOU EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against Vonix.

11.9 Our Rights to Make Changes. This provision is subject to the requirements and limitations imposed by applicable law and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE T&Cs, OUR SERVICES, DISCOUNTS, TECHNOLOGIES (INCLUDING CHANGES TO OUR NETWORK THAT MAY IMPACT YOUR SERVICE EQUIPMENT COMPATIBILITY), COVERAGE, OR ANY OTHER TERMS IN THE AGREEMENT AT ANY TIME AND YOU AGREE TO BE BOUND BY ALL SUCH CHANGES OR MODIFICATIONS ON THE EARLIER OF WHEN WE (i) POST THEM ON THE VONIX WEBSITE, OR (ii) SEND THEM TO YOU (ELECTRONICALLY OR OTHERWISE). BECAUSE THESE T&Cs ARE SUBJECT TO CHANGE AT ANY TIME, YOU SHOULD ALWAYS CHECK THE VONIX WEBSITE FOR THE MOST CURRENT VERSION. IF WE CHANGE THE SERVICE FEE APPLICABLE TO YOUR SERVICE PLAN, YOU WILL HAVE 5 DAYS FROM THE DATE WE POST OR NOTIFY YOU OF THE REVISED SERVICE FEE TO TERMINATE YOUR SERVICE PLAN BY CONTACTING OUR CUSTOMER SERVICE DEPARTMENT VIA EMAIL AT SUPPORT@VONIX.IO. IF YOU FAIL TO CANCEL YOUR SERVICE PLAN WITHIN THE 5 DAY PERIOD, YOU WILL BE DEEMED TO HAVE ACCEPTED THE RATE INCREASE. ANY INCREASE IN TAXES, REGULATORY FEES OR ASSESSMENTS WILL NOT BE CONSIDERED AN INCREASE IN ANY SERVICE FEE AND WILL NOT ENTITLE YOU TO EXERCISE THE FOREGOING CANCELLATION RIGHT. WE ARE NOT LIABLE TO YOU FOR CHANGES IN OPERATION, EQUIPMENT, OR TECHNOLOGY (INCLUDING THE NETWORK) THAT CAUSE YOUR SERVICE EQUIPMENT TO BE RENDERED OBSOLETE OR REQUIRE MODIFICATION.

12.0 OTHER GENERAL TERMS

12.1 Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of Vonix or any other third party. Except for a limited license to use the Vonix Service, your purchase of Vonix Service and Vonix Equipment does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Vonix or others related to the Vonix Service and Vonix Equipment; this intellectual property may be used only with Vonix Service unless expressly authorized by Vonix. You agree that a violation of this section harms Vonix, which cannot be fully redressed by money damages, and that Vonix shall be entitled to seek immediate injunctive relief in addition to all other remedies available.

12.2 Privacy Information. Our Privacy Policy governs how we collect and use information related to your use of the Vonix Service and is available online at https://vonix.io/privacy-policy. We may change our Privacy Policy without notice; however, if we change our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change. Data on your Equipment may automatically be stored on your hard drive or third-party storage company (to the extent either technology may be available to you), Equipment or our network. Your data may remain on the Equipment even if your hard drive is removed; the data left on your Equipment will be accessible to others who use your Equipment, and may be deleted, altered, or transferred to our or our network supplier’s network servers.

12.3 Disclaimer of Warranties. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE GREATEST EXTENT PERMITTED BY LAW, THE VONIX SERVICES AND EQUIPMENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING SECURITY OR AUTHENTICATION PURPOSES, CONCERNING YOUR SERVICE OR YOUR EQUIPMENT. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND WE DO NOT AUTHORIZE ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON OUR BEHALF. FOR MORE INFORMATION, PLEASE REVIEW OUR PRIVACY POLICY AT HTTPS://VONIX.IO/PRIVACY-POLICY/. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE. IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR. YOU ACCEPT RESPONSIBILITY IF YOU USE YOUR SERVICE AS A MEANS OF SECURITY OR AUTHENTICATION FOR OTHER ACCOUNTS.

12.4 Waivers and Limitations of Liability. YOU AGREE THAT: (a) VONIX IS NOT AN INSURER OF SERVICES, NOR CAN IT INSURE THE ACCURACY OF YOUR INFORMATION OR THE PRIVACY OR SECURITY OF YOUR VONIX ACCOUNTS; (b) VONIX HAS NO CONTROL OVER THE ACTS AND CONDUCT OF THIRD PARTIES; (c) VONIX IS NOT RESPONSIBLE FOR LOSSES INCURRED AS A RESULT OF YOUR OR A THIRD-PARTY’S USE OF YOUR VONIX PHONE NUMBER OR OTHER VONIX SERVICE AS A SOURCE OF AUTHENTICATION OR VERIFICATION IN CONNECTION WITH ANY SOCIAL MEDIA, EMAIL, FINANCIAL, CRYPTOCURRENCY OR OTHER ACCOUNT. (d) YOU ARE RESPONSIBLE FOR KEEPING YOUR EMAIL, PASSWORD, AND ALL OTHER ACCOUNT INFORMATION RELATING TO YOUR USE OF VONIX SERVICE SECURE AT ALL TIMES.

EXCEPT IN CASES OF FRAUD OR WILLFUL MISCONDUCT, TO THE GREATEST EXTENT PERMITTED BY LAW, VONIX IS NOT RESPONSIBLE FOR LOSSES RELATING TO ANY SERVICE, AND/OR EQUIPMENT IT MAY OFFER UNDER THESE T&CS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT VONIX IS NOT RESPONSIBLE FOR LOSSES RELATING TO YOUR INABILITY TO REACH 9-1-1 OR ACCESS ANY OTHER EMERGENCY SERVICES; YOUR USE OF, OR INABILITY TO USE, ANY SERVICE, OR EQUIPMENT UNDER THESE T&CS (INCLUDING, WITHOUT LIMITATION, ANY SERVICE, OR EQUIPMENT WHICH MAY BE OFFERED IN CONNECTION WITH ANY THIRD-PARTY HARDWARE, SOFTWARE, OR SERVICE, EVEN IF SUCH THIRD-PARTY HARDWARE, SOFTWARE, OR SERVICE IS OFFERED BY VONIX); AND/OR ANY INTERRUPTION, ERROR, LIMITATION, OR DELAY IN ANY SERVICE, OR EQUIPMENT. WITHOUT LIMITING THE FOREGOING, YOU ALSO AGREE THAT VONIX IS NOT RESPONSIBLE FOR THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF ANY SERVICE, OR EQUIPMENT, PROVIDED UNDER THESE T&CS. WITHOUT LIMITING THE FOREGOING, YOU ALSO AGREE WE ARE NOT LIABLE FOR MISSED OR DELETED VOICEMAILS OR OTHER MESSAGES, FOR ANY INFORMATION (LIKE PICTURES) THAT GET LOST OR DELETED.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER ARISING OUT OF OUR SERVICE (INCLUDING THE PROVISION OF OR FAILURE TO PROVIDE SAME), ANY EQUIPMENT, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE HAVE BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THESE DISALLOWED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES ARISING OUT OF UNAUTHORIZED ACCESS OR CHANGES TO YOUR ACCOUNT, SERVICE, OR EQUIPMENT, OR THE USE OF YOUR ACCOUNT, SERVICE OR EQUIPMENT BY YOU OR BY OTHERS TO AUTHENTICATE, ACCESS, USE OR MAKE CHANGES TO THIRD PARTY ACCOUNTS, INCLUDING BUT NOT LIMITED TO FINANCIAL, CRYPTOCURRENCY, OR SOCIAL MEDIA ACCOUNTS. THIS LIMITATION AND WAIVER ALSO APPLY TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM.

IN ANY EVENT, TO THE GREATEST EXTENT PERMITTED BY LAW, OUR LIABILITY FOR DAMAGES OR OTHER MONETARY RELIEF FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SERVICE FROM WHICH THE DAMAGES OR OTHER LIABILITY AROSE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN ADDITION, IN ANY EVENT, YOU AND WE EACH ALSO AGREE THAT ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.

12.5 Indemnification. You agree to defend, indemnify, and hold us harmless from and against any and all losses, claims, liabilities, costs and expenses (including taxes, fees, fines, penalties, interest, expenses of investigation and attorneys’ fees and disbursements) as incurred, arising out of or relating to use of the Service or Equipment, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or any person you allow to use your Service or Equipment.

12.6 Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. If any part of the Agreement is held invalid that part may be severed from the Agreement. You cannot assign the Agreement or any of your rights or duties under it without our express written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between Vonix and you and defines all of the rights you have with respect to your Vonix Service or Vonix Equipment, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents. If you purchase Equipment, services or content from a third party, you may have a separate agreement with the third party; Vonix is not a party to that agreement. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion. All Sections of this Agreement allowable by law shall continue after termination of our Agreement with you.

12.7 Choice of Law. Vonix and you agree that the Agreement is governed by the Federal Arbitration Act and applicable federal law, including but not limited to determinations of arbitrability. Without limiting the general applicability of federal law to the Agreement (including but not limited to any and all determinations of arbitrability as provided for in Section 11 to these T&Cs), and only to the extent state law may apply to the Agreement, Vonix and you agree the laws of the state in which your billing address is located shall apply, without regard to the conflict of laws rules of that state. In order to ensure the availability of witnesses, arbitration will be held in Orlando, Florida, where Vonix is headquartered. In all cases, arbitration will be held in accordance with Section 11 above. To the extent permissible under the Agreement, court proceedings must be initiated in Orlando, Florida, Orange County or the United States District Court for the Middle District of Florida. If any provision of the Agreement is invalid under the law of any of the above jurisdictions, that provision will not apply in that jurisdiction; the remainder of the Agreement shall remain in force.

12.8 CPNI. Customer Proprietary Network Information (“CPNI”) is information that Vonix and other telecommunications carriers obtain when providing your telecommunications services to you. CPNI includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details. Your telephone number, name and address are not considered CPNI.

We may use your CPNI to the extent needed to provide you with the Service, including, to the extent available and applicable, any multi-line services you have purchased (in which case you agree and understand that we may share your CPNI, as needed, with other members associated with your multi-line account, including information regarding the types of telecommunications services you currently purchase). We also may use your CPNI for training and quality assurance, and to offer you additional services of the type you already purchase from Vonix. We may also use your CPNI to offer you products and services, packages, discounts and promotions from our affiliates, which may be different from the types of services you already purchase.

Vonix uses technology and security features and strict policy guidelines to safeguard the privacy of CPNI and protect it from unauthorized access or improper use. Vonix does not disclose CPNI outside of Vonix, its affiliates and their respective agents without customer consent except as required by law. When Vonix uses third parties to perform services on its behalf that require the use of CPNI, Vonix requires that they protect the CPNI consistent with this provision. Vonix does not sell CPNI to unaffiliated third parties.

If you wish to restrict our use of your CPNI for marketing purposes, you may contact a customer service representative at the customer service phone number located in Section 10.2 of these T&Cs.