Terms of Service
Last updated: March 26, 2024
These comprehensive Terms of Service govern your use of Sipharmony's VoIP, SMS, and telecommunications services. By using our services, you agree to comply with all terms, conditions, and applicable regulations outlined below.
1. Acceptance of Terms
By accessing, using, or subscribing to any services provided by Sipharmony, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("Customer," "User," or "you") and Sipharmony ("Company," "we," "us," or "our").
If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, and "you" refers to such entity.
If you do not agree to these Terms, you must not access or use our services.
2. SMS and Messaging Services Terms
Important SMS Service Disclosure
By using our SMS services, you consent to receive text messages related to your service, including account notifications, service updates, billing alerts, and technical support communications.
Types of Messages You May Receive
- Account Notifications: Service activation confirmations, account status updates, security alerts
- Billing Messages: Payment confirmations, invoice notifications, past due notices, service suspension warnings
- Service Updates: Maintenance notifications, feature announcements, system status alerts
- Technical Support: Troubleshooting assistance, service restoration updates, configuration confirmations
- Emergency Alerts: Critical service interruptions, security incidents, regulatory compliance notices
- Marketing Communications: Promotional offers, new service announcements (only with explicit opt-in consent)
Message Frequency and Timing
- Account & Billing Messages: As needed based on account activity (typically 1-5 messages per month)
- Service Notifications: During maintenance windows or service events (varies by activity)
- Technical Support: During active support cases (frequency varies by case complexity)
- Emergency Alerts: Immediate delivery for critical issues (rare, only when necessary)
- Marketing Messages: Maximum 4 messages per month (only if opted in)
Message frequency may vary based on your service usage and account activity. We respect quiet hours and will not send non-emergency messages between 9 PM and 8 AM local time unless explicitly requested.
Message and Data Rates
IMPORTANT: Message and data rates may apply. Standard messaging rates from your mobile carrier will apply to all SMS communications. Sipharmony is not responsible for any charges from your mobile carrier.
- SMS messages are sent at standard text messaging rates as determined by your mobile carrier
- Data usage may apply for messages containing links or multimedia content
- International messaging rates may apply for messages sent to international numbers
- Carrier fees are separate from Sipharmony service charges
- Contact your mobile carrier for specific rate information
Privacy Policy and Data Protection
Your privacy is important to us. Our SMS services are governed by our comprehensive Privacy Policy, which details how we collect, use, and protect your information.
- Privacy Policy: View our complete Privacy Policy
- Data Protection: We do not share mobile opt-in information with third parties for marketing purposes
- Message Content: SMS content may be logged for delivery confirmation and troubleshooting
- Retention: Message logs are retained for 90 days for troubleshooting purposes
- Security: All message data is encrypted and protected according to industry standards
Help and Support Information
If you need assistance with our SMS services or have questions about your messages:
- Text "HELP" to any Sipharmony number to receive support information
- Call Support: (512) 991-2997 (Monday-Friday, 9 AM - 6 PM CT)
- Email Support: support@sipharmony.com
- Online Help: Visit our support portal at support.sipharmony.com
- Live Chat: Available through our customer portal during business hours
Opt-Out Instructions
You can opt out of SMS communications at any time using the methods below:
- Text "STOP" to any Sipharmony number to immediately opt out of all non-essential messages
- Text "UNSUBSCRIBE" to opt out of marketing messages only
- Reply "STOP" to any marketing message to opt out of promotional communications
- Contact Support: Call (512) 991-2997 or email support@sipharmony.com
- Account Portal: Manage SMS preferences through your customer account settings
Note: Opting out of SMS communications may affect your ability to receive important account and service notifications. Essential messages related to billing, security, and service interruptions may still be sent as required for account management.
SMS Service Limitations
- SMS delivery is dependent on mobile carrier networks and may experience delays
- Message delivery is not guaranteed and may fail due to network issues
- Some carriers may block or filter messages based on content or sender reputation
- International SMS delivery may have additional restrictions or delays
- Character limits apply (160 characters for standard SMS, longer messages may be split)
- Multimedia messages (MMS) may have size and format restrictions
3. Service Description and Scope
VoIP and Telecommunications Services
Sipharmony provides comprehensive Voice over Internet Protocol (VoIP) and telecommunications services, including:
- SIP Trunking Services: Direct inbound and outbound calling with DID numbers
- Hosted PBX Solutions: Cloud-based phone system management and features
- Unified Communications: Integrated voice, video, messaging, and collaboration tools
- Contact Center Platforms: Inbound and outbound call center solutions
- SMS and Messaging Services: Text messaging, multimedia messaging, and API integration
- Call Recording and Analytics: Voice recording, quality monitoring, and reporting
- Emergency Services (E911): Enhanced 911 calling with location services
- Number Porting and Management: Phone number transfer and provisioning services
- API and Integration Services: Developer tools and third-party integrations
- Professional Services: Implementation, training, and ongoing support
Service Availability and Geographic Coverage
- Services are available in the United States and select international markets
- Service availability may vary by geographic location and local regulations
- Emergency services (911) are available where supported by local infrastructure
- International calling rates and restrictions apply for calls outside the US
- Some features may not be available in all service areas
Service Dependencies and Requirements
- Internet Connectivity: Reliable broadband internet connection required
- Network Quality: Adequate bandwidth and low latency for voice quality
- Compatible Equipment: SIP-compatible phones, adapters, or software
- Power Requirements: Uninterrupted power supply for continuous service
- Network Configuration: Proper firewall and router settings
4. Billing, Payment Terms, and Account Management
Payment Terms and Billing Cycles
- Monthly Service Fees: Billed in advance on the same date each month
- Usage-Based Charges: Billed in arrears based on actual usage
- Setup and Installation Fees: Due upon service activation
- Automatic Payment Processing: Charges processed on the due date
- Billing Currency: All charges in US Dollars (USD)
- Tax and Regulatory Fees: Applied as required by law
Accepted Payment Methods
- Major credit cards (Visa, MasterCard, American Express, Discover)
- ACH bank transfers (for qualified business accounts)
- Wire transfers (for large enterprise accounts)
- Automatic payment plans with stored payment methods
Past Due Accounts and Service Suspension
IMPORTANT NOTICE: Accounts that become past due are subject to immediate service restrictions and potential account closure.
- 15 Days Past Due: Service restrictions may be applied, including limitations on outbound calling
- 30 Days Past Due: Service may be suspended, and account is at risk of closure
- 45 Days Past Due: Account closure proceedings begin, phone numbers may be released
- 60 Days Past Due: Account permanently closed, all phone numbers released and returned to inventory
Phone Number Release: Once phone numbers are released due to non-payment, they cannot be recovered and may be assigned to other customers. This action is irreversible.
Late Fees and Collection Procedures
- Late Fee: $25 or 1.5% of outstanding balance (whichever is greater) applied after 15 days
- Returned Payment Fee: $35 for each returned or failed payment
- Reconnection Fee: $50 to restore service after suspension
- Collection Costs: Customer responsible for all collection costs and legal fees
- Credit Reporting: Past due accounts may be reported to credit agencies
Refunds and Credits
- Service Credits: Provided for documented service outages exceeding SLA thresholds
- Billing Disputes: Must be reported within 60 days of billing date
- Refund Policy: Setup fees and monthly charges are generally non-refundable
- Pro-rated Charges: Partial month charges calculated on a daily basis
- Overpayment Refunds: Processed within 30 days of request
5. Prohibited Activities and Acceptable Use
Strictly Prohibited Activities
Users are strictly prohibited from engaging in the following activities. Violation of these terms may result in immediate service termination and legal action:
- Telecommunications Fraud: Any form of fraud, including but not limited to traffic pumping, revenue sharing fraud, or billing manipulation
- Robocalling and Spam: Automated calling, robocalls, or unsolicited commercial calls without proper consent
- Caller ID Manipulation: Spoofing, falsifying, or manipulating caller identification information
- Voice Traffic Pumping: Artificially inflating call volumes or durations for revenue generation
- Harassment and Abuse: Using services to harass, threaten, or abuse individuals or organizations
- Illegal Activities: Any use that violates federal, state, or local laws and regulations
- System Manipulation: Attempting to bypass, hack, or manipulate our systems or billing mechanisms
- Unauthorized Resale: Reselling or redistributing services without written authorization
- Network Abuse: Activities that degrade network performance or disrupt service for other users
- Security Violations: Attempting to gain unauthorized access to systems, accounts, or data
SMS and Messaging Compliance
- TCPA Compliance: All SMS campaigns must comply with Telephone Consumer Protection Act requirements
- Opt-in Requirements: Explicit consent required before sending commercial messages
- Opt-out Mechanisms: Clear and easy unsubscribe options must be provided
- Content Restrictions: No spam, adult content, or illegal material in messages
- Rate Limits: Adherence to carrier-imposed sending limits and best practices
- A2P Registration: Proper registration for Application-to-Person messaging campaigns
Content and Communication Standards
- No transmission of obscene, threatening, or harassing content
- No distribution of malware, viruses, or malicious code
- No copyright infringement or intellectual property violations
- No impersonation of individuals, businesses, or government entities
- No distribution of false or misleading information
- Compliance with all applicable content regulations and standards
6. Anti-Fraud and Security Measures
Fraud Detection and Prevention
We maintain comprehensive anti-fraud measures to protect our network and customers:
- Real-time Monitoring: Continuous monitoring of call patterns and traffic for suspicious activity
- Automated Blocking: Immediate blocking of calls to known fraud destinations
- Traffic Analysis: Advanced analytics to detect unusual usage patterns
- Threshold Alerts: Automatic alerts for accounts exceeding normal usage patterns
- Geographic Restrictions: Blocking or limiting calls to high-risk international destinations
- Time-based Controls: Restrictions on calling during unusual hours
Security Enforcement Actions
We reserve the right to take immediate action when fraud or security violations are detected:
- Immediate Suspension: Service suspension without prior notice for suspected fraud
- Call Blocking: Blocking specific numbers or destinations
- Account Investigation: Comprehensive review of account activity and usage
- Law Enforcement Reporting: Reporting fraudulent activity to appropriate authorities
- Financial Recovery: Charging additional fees for fraudulent usage and investigation costs
- Permanent Termination: Account closure for confirmed fraud or repeated violations
Customer Security Responsibilities
- Account Security: Maintaining secure passwords and protecting account credentials
- Access Control: Implementing appropriate user access controls and permissions
- Network Security: Securing network infrastructure and endpoints
- Incident Reporting: Immediately reporting suspected security breaches or unauthorized access
- Compliance Monitoring: Regular review of usage patterns and account activity
- Software Updates: Keeping all equipment and software up to date with security patches
7. Regulatory Compliance and Legal Requirements
Federal Telecommunications Compliance
- FCC Regulations: Compliance with all Federal Communications Commission rules and requirements
- CALEA Compliance: Communications Assistance for Law Enforcement Act obligations
- TCPA Requirements: Telephone Consumer Protection Act compliance for all communications
- CAN-SPAM Act: Compliance with commercial email and messaging regulations
- STIR/SHAKEN: Call authentication and caller ID verification protocols
- CPNI Protection: Customer Proprietary Network Information safeguarding
Emergency Services and E911
- E911 Service: Enhanced 911 emergency calling with location information
- Location Updates: Customer responsibility to maintain current service addresses
- Service Limitations: Emergency services dependent on internet connectivity and power
- Backup Plans: Customers must maintain alternative emergency communication methods
- Liability Limitations: Limited liability for emergency service failures due to technical issues
Know Your Customer (KYC) Requirements
- Identity Verification: Customers must provide valid identification and business documentation
- Address Verification: Proof of business address and service location required
- Ongoing Monitoring: Periodic review of customer information and usage patterns
- Documentation Updates: Customers must notify us of changes to business information
- Compliance Reporting: Cooperation with regulatory reporting requirements
International and State Regulations
- Compliance with state-specific telecommunications regulations
- International calling restrictions and compliance requirements
- Data protection and privacy law compliance (GDPR, CCPA, etc.)
- Industry-specific regulations (HIPAA for healthcare, etc.)
- Import/export controls for international services
8. Service Level Agreements and Performance Standards
Network Availability and Uptime
- Network Uptime: 99.9% monthly network availability target
- Planned Maintenance: Scheduled maintenance windows with advance notice
- Service Credits: Credits provided for outages exceeding SLA thresholds
- Monitoring: 24/7 network monitoring and incident response
- Redundancy: Multiple data centers and network paths for reliability
Call Quality Standards
- Voice Quality: High-definition voice quality with low latency
- Jitter and Packet Loss: Optimized network performance metrics
- Call Completion Rates: High success rates for call establishment
- Audio Clarity: Clear, consistent audio quality standards
Customer Support Standards
- Support Hours: Business hours support (Monday-Friday, 9 AM - 6 PM CT)
- Emergency Support: 24/7 support for critical service issues
- Response Times: Initial response within 4 hours for standard issues
- Escalation Procedures: Clear escalation path for complex issues
- Multiple Channels: Phone, email, chat, and portal support options
9. Service Limitations and Disclaimers
Technical Limitations
- Internet Dependency: Service requires reliable internet connectivity
- Power Requirements: Service dependent on continuous electrical power
- Network Conditions: Call quality may vary based on internet connection quality
- Equipment Compatibility: Service requires compatible hardware and software
- Geographic Limitations: Some features may not be available in all locations
Emergency Services Limitations
IMPORTANT: VoIP emergency services have limitations compared to traditional phone service.
- Emergency services may not function during power or internet outages
- Location information may not be automatically provided to emergency services
- Service may not work when traveling or using mobile devices
- Customers must maintain current address information for E911 service
- Alternative emergency communication methods should be maintained
Service Availability Disclaimers
- Service availability subject to internet service provider performance
- International calling may have restrictions or additional requirements
- Some destinations may be blocked for fraud prevention
- Service features may vary by location and regulatory requirements
- Third-party integrations subject to external service availability
10. Account Termination and Suspension
Immediate Termination Grounds
We may terminate service immediately and without notice for any of the following reasons:
- Terms Violation: Any violation of these Terms of Service
- Fraudulent Activity: Confirmed or suspected telecommunications fraud
- Non-Payment: Failure to pay charges when due (after 30 days past due)
- Legal Violations: Use of services for illegal activities
- Security Breaches: Compromised account security or unauthorized access
- Abusive Behavior: Harassment or abuse of company personnel
- Regulatory Violations: Non-compliance with telecommunications regulations
- Network Abuse: Activities that harm network performance or security
Customer-Initiated Termination
- Notice Period: 30 days written notice required for service termination
- Final Billing: All charges due through the end of the billing cycle
- Number Porting: Phone numbers may be ported to another provider before termination
- Data Retrieval: Customer responsible for retrieving data before termination
- Equipment Return: Leased equipment must be returned in good condition
Post-Termination Procedures
- Service Cessation: All services immediately discontinued upon termination
- Data Deletion: Account data deleted according to retention policies
- Number Release: Phone numbers returned to inventory unless ported
- Final Invoice: Final billing statement issued within 30 days
- Outstanding Balances: All charges remain due and payable
11. Limitation of Liability and Disclaimers
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIPHARMONY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
- Total liability limited to the amount paid for services in the preceding 12 months
- No liability for loss of profits, data, use, goodwill, or other intangible losses
- No liability for service interruptions due to circumstances beyond our control
- No liability for emergency service failures or limitations
- No liability for third-party actions or services
Service Warranties and Disclaimers
- AS-IS Service: Services provided "as is" without warranties of any kind
- No Uptime Guarantee: No guarantee of uninterrupted service availability
- Quality Disclaimer: Call quality dependent on internet connection and equipment
- Compatibility: No warranty of compatibility with all equipment or software
- Third-Party Services: No control over or warranty for third-party services
Indemnification
Customer agrees to indemnify and hold harmless Sipharmony from any claims, damages, or expenses arising from:
- Customer's use or misuse of the services
- Violation of these Terms of Service
- Violation of applicable laws or regulations
- Infringement of third-party rights
- Customer's content or communications
12. General Legal Provisions
Governing Law and Jurisdiction
- These Terms governed by the laws of the State of Texas
- Disputes subject to the jurisdiction of Texas state and federal courts
- Venue for legal proceedings in Tarrant County, Texas
- Choice of law excludes conflict of law principles
Dispute Resolution
- Informal Resolution: Good faith effort to resolve disputes informally
- Mediation: Binding mediation for disputes under $50,000
- Arbitration: Binding arbitration for larger disputes (optional)
- Class Action Waiver: No class action lawsuits permitted
- Time Limits: Claims must be brought within one year of occurrence
Modifications and Updates
- Terms may be updated at any time with notice to customers
- Material changes require 30 days advance notice
- Continued use constitutes acceptance of updated terms
- Customers may terminate service if they disagree with changes
Severability and Entire Agreement
- Invalid provisions do not affect the validity of remaining terms
- These Terms constitute the entire agreement between parties
- No oral modifications or amendments permitted
- Headings are for convenience only and do not affect interpretation
13. Contact Information and Support
For questions about these Terms of Service, billing inquiries, or technical support:
Legal and Compliance
- Email: legal@sipharmony.com
- Phone: (512) 991-2997
- Hours: Monday-Friday, 9 AM - 5 PM CT
Customer Support
- Email: support@sipharmony.com
- Phone: (512) 991-2997
- Hours: Monday-Friday, 9 AM - 6 PM CT
- Emergency: 24/7 for critical issues
Mailing Address
Legal DepartmentSipharmony
295 E Renfro St
Burleson, TX 76028
Last Updated: March 26, 2024
These comprehensive Terms of Service reflect our commitment to providing reliable, compliant, and secure telecommunications services. We encourage you to review these terms regularly and contact us with any questions or concerns.