Last updated January 01, 2025
We are VirtualPBX.com, Inc., doing business as VirtualPBX (“Company,” “we,” “us,” “our“), a company registered in California, United States at P.O. Box 8351, San Jose, CA 95155.
We operate the website https://www.virtualpbx.com (the “Site“), the mobile application VirtualPBX Phone (the “App“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).
You can contact us by phone at (+1)8888250800, email at contact@virtualpbx.com, or by mail to P.O. Box 8351, San Jose, CA 95155, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and VirtualPBX.com, Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only.
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:
solely for your internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@virtualpbx.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
– Visa
– Mastercard
– American Express
– Discover
– ApplePay
– Google Pay
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at contact@virtualpbx.com.
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
The Services may contain (or you may be sent via the Site or App) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Policy: https://www.virtualpbx.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Santa Clara, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Santa Clara, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE one (1) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
By opting into any VirtualText text messaging program, you expressly consent to receive text messages (SMS) to your mobile number. VirtualText text messages may include: marketing communications, responses to inquiries, order updates and appointment reminders.
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP.” You may receive an SMS message confirming your opt out.
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
If you have any questions or need assistance regarding our SMS communications, please email us at contact@virtualpbx.com or call at (+1)8888250800.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
You represent and warrant that You understand VoIP-based services – including the connection or establishment of VoIP calls to 911 – are subject to the vagaries of the Internet, and as such are inherently unreliable. To that end, You represent and warrant that You have and will maintain at all times a traditional Plain Old Telephone Service (POTS) telephone line, wireless or cellular service that will enable You to call 911 and any other applicable emergency service number. Emergency 911 services are offered by VPBX on a best-effort basis as part of VBX’s VoIP phone Service and are made available to physical VoIP phones when located in the United States and Canada and registered with VPBX’s Service (“E911-Available Device”). You represent and warrant that You understand Emergency 911 services (including Enhanced 911 or “E911″) provided by VPBX may differ in certain respects from the emergency calling services provided by a traditional wire-line telecommunications provider. These differences may have an adverse impact upon the ability or timeliness of the provisioning or dispatching of emergency services to You or others in the event of an emergency. In addition, due to limitations on technology, the location reported by VBPX to the public safety dispatcher for Your telephone may not include Your specific location within a business premise. You are responsible for the accurate reporting and updating of the physical location where the Service is to be used for each E911-Available Device, and for instructing each E911-Available Device user that s/he must provide VPBX with the specific location in which they are located within Your premises in the event of an emergency. You are required to maintain valid E911 addresses for each of Your physical locations where Your Service is deployed. Should an emergency arise, emergency services may be delayed or unable to respond to Your needs if Your Service does not have a valid E911 address on file. Not keeping VPBX apprised of the physical location of an E911-Available Device could result in a charge of $150 to Your account. You represent and warrant that You understand that in the event any E911-Available Device used to access Service via the Internet, is moved to another location with suitable Internet access, even though You will be able to use the Service without interruption it may take time to update emergency dispatch information, which could result in the failure to dispatch emergency personnel to the proper location. The documentation that accompanies each E911-Available Device that You purchase from VPBX includes a sticker concerning the potential non-availability of traditional 911 or E911 services (the “911 Sticker”). It is Your responsibility, in accordance with the instructions that accompany each E911-Available Device, to place the 911 Sticker on or near each E911-Available Device that You use with the Service. If You did not receive a 911 Sticker with Your E911-Available Device, or You require additional 911 Stickers, please contact Customer Support at 888-825-0800 option “2” or email support@virtualpbx.com. Enhanced 911 service has several limitations. Such limitations, including those discussed above, may prevent You from making emergency calls and include but are not limited to any of the following: – Loss of electrical power – Loss of Internet connection for any reason – Defective customer premises equipment (CPE) – Network congestion – Delays from updating Your registered Service Address – The VPBX E911 Service is not available for Devices or addresses outside the United States or Canada. You should inform all employees who may have access to the VPBX E911 service, about this section of the Agreement and make sure they understand the terms and conditions under which the E911 service is available. In addition, they should use the following guidelines with respect to the service: – Do not hang up on an E911 emergency service call unless and until instructed to do so by the 911 operator. – If the call is disconnected for any reason, immediately attempt to dial 911 again. – Be prepared to give Your physical address and a call-back phone number. The FCC has an informative guide on VoIP and 911 Service that should be read thoroughly. This FCC guide can be accessed via the following URL: http://www.fcc.gov/guides/voip-and-911-service VirtualPBX reserves the right to apply E911 surcharges to customers whose service location falls within a tax jurisdiction mandating such charges. These will be listed on the customer’s invoice as ‘Location-Specific E911 Surcharge,’ and are in addition to standard E911 fees. The imposition of these surcharges is in compliance with local tax regulations pertaining to E911 services. The specific surcharge amount will vary based on the tax laws of the respective jurisdiction and will be detailed on your billing statement.
You are responsible for paying all charges to Your account for Services, whether said charges result from use authorized or use unauthorized by You, including but not limited to, long distance and directory assistance charges and for all taxes and surcharges imposed on You or VPBX as a result of Your use of the Service. Long distance usage on each call is billed in one-minute increments and the cost is then rounded up to the nearest cent. During the Term of this Agreement, VPBX reserves the right to change rates, terms, fees or taxes (as imposed by the applicable taxing authority) on, or discontinue its offering of, any feature of the Service. At the end of Your Term, or during any subsequent month-to-month period, VPBX reserves the right to change or discontinue any rate plan available to You. VirtualPBX reserves the right to impose an annual 3% increase in service fees on any plan type, paid monthly, monthly with contract, or annually, with no further notice to you. Service under this Agreement is subject to sales, use, gross receipts, and other taxes (other than a tax imposed upon the net income of VPBX), assessments, fees, surcharges, or other governmental charges relating to the services provided, whether or not denominated as a tax and whether imposed now or in the future upon You or VPBX. Taxes, surcharges, and assessments may be changed or added in accordance with the applicable taxing authority. Should VPBX be required to pay such taxes and/or fees on Your behalf as described herein, or taxes and/or fees which the liability post-dates this Agreement (e.g. future taxes and/or fees), You agree that You are liable for such taxes and/or fees and authorize the immediate charge of Your payment method on file for the full amount due. Any applicable installation charges and annual maintenance fees are paid for by You in advance. Should You be on an annual plan You will be billed on a monthly basis for normal usage, or for any taxes and incidental charges. Should Your call traffic exceed a specified maximum amount in a given period, both of which are set at the absolute and sole discretion of VPBX, at any time during Your billing cycle, VPBX reserves the right to immediately and without notice, debit Your payment method for monthly traffic costs that have been thus far accrued on Your account. This policy typically applies to accounts less than 180 days old; however, the policy may be expanded should VPBX deem it warranted. If You would like to know the maximum threshold on Your Service, please email billing@virtualpbx.com. You shall pay all bills in full by the due date on the bill. Payment will be deemed made when received by VPBX unless payment is by means of a check that is later dishonored or by a credit card that is subsequently charged-back. There will be a $5.00 check processing fee assessed monthly. You must give VPBX written notice of any reasonable disputes that include clear and precise descriptions regarding the disputed charges appearing on Your bill within 30 days of the date of the disputed bill. Otherwise, all charges will be deemed correct and You waive any future recourse with respect to said bill and/or charges. All undisputed charges on the bill are due by or on the bill due date. If You have authorized payment by credit card, no additional notice or consent will be required for billings to said credit card or account. You will advise VPBX of any changes to Your credit card account, such as account number or expiration date changes, etc. VPBX accepts credit and debit cards issued by most banks. Prepaid payment methods of any type are not accepted. Virtual/disposable credit cards are accepted from a limited list of financial institutions and subject to VPBX review. VPBX reserves the right to require prepaid or virtual/disposable payment methods be replaced with an actual credit card within two business days of notification. Failure to replace prepaid or virtual/disposable credit cards will result in account suspension. VPBX reserves the right to change NET terms that determine invoice due dates without notice. VPBX reserves the right to suspend Service for any accounts having invoices in excess of 30-days past due or upon receipt of a chargeback. In such cases, VPBX will send a notification email to the Billing Administrator(s) of the account. VPBX may, at its sole discretion, reinstate the Service of Your account after receiving payment of the chargeback amount, a $25.00 chargeback fee, and any other amounts/fees due. VPBX reserves the right to require, at its sole discretion, a deposit in an amount up to the average of the past four billing cycles prior to reinstating any account. If You fail to pay any bill in full by the due date set forth on said bill, You will be liable for a late payment fee of $25.00 and interest at the rate of 1.5% per month – whichever is higher, or a lower rate as required by state law. The interest rate may be compounded as permitted by state law. You authorize VPBX to refer Your account, if past due, to attorneys and/or collection agencies for further action. If any collection action is taken, You agree to reimburse VPBX for reasonable attorneys’ fees, court costs, and any other costs and fees, including collection agency fees, undertaken to collect past due bills and/or any other fees. No provision of this Agreement shall require the payment or collection of interest in excess of the maximum permitted by applicable law. If any interest hereby provided for is adjudicated to be unlawful, the provisions of this section shall govern and neither You, nor sureties, guarantors, successors, or assigns by You shall be obligated to pay any amount of interest, or any other sum paid for the use, forbearance, or detention of money, in excess of the lawful amount. If VPBX receives, collects, or applies as interest any such sum, such amount as permitted by applicable law shall be applied as a payment and reduction of the amount due and owing to VPBX under this or any other agreement, and if said amount has been paid in full, any remaining excess money shall forthwith be returned to You. VPBX may assess an additional fee of twenty-five dollars ($25) for each check returned for nonpayment. You affirm and authorize any and all credit card charges related to Your accounts (identified by way of example from e-mail address, credit card or billing information) with a past due balance on an open, suspended or previous account be charged any outstanding balance upon opening a new account and/or updating credit card information on file. You further acknowledge VPBX has no obligation to provide You with any Services whatsoever until any and all outstanding balances related to any of Your past or current accounts have brought current. You may, at VPBX’s sole discretion, be deemed to be in default (“Default”) of this Agreement if: (a) You fail to pay the full amount billed to You under this Agreement, or any other agreement between You and VPBX, within three (3) business days after the due date; (b) You have in the past established a pattern, at VPBX’s sole discretion, of non-payment of amounts due VPBX or our affiliate(s); (c) You cancel Service prior to the end of the Term of this Agreement; (d) You breach any representation to us or fail to perform and/or adhere to any of the terms You have affirmed in this Agreement; (e) You are subject to any proceeding under the Bankruptcy Act or similar laws; (f) You engage in any activity that constitutes, at VPBX’s sole and absolute discretion, illegal or unauthorized use of Service or equipment; (g) You use the Service or equipment in such a manner that it interferes with or adversely affects VPBX’s ability to deliver Service to any other subscribers; (h) You have failed to respond to calls or email attempts to contact You about Your Account, or; (i) Your usage of Service is deemed by VPBX, at its sole discretion, to be excessive. If You are in Default, VPBX may, at VPBX’s sole discretion, with or without notice, suspend or restrict Your Service and/or terminate this Agreement, in addition to all other remedies available to VPBX. VPBX may require reactivation charges and deposits as set forth above, to restore Service after termination or suspension. Upon termination or suspension, You are responsible for paying all amounts and charges owing and/or damages determined under this Agreement, including any applicable cancellation fee(s). You agree to pay all costs including attorneys’ fees, collection costs and court costs VPBX may incur in enforcing this Agreement through any adjudication process. In addition to the aforementioned terms, should you initiate a dispute with your credit card processor that does not adhere to the defined dispute resolution process outlined in these terms of service, VirtualPBX will impose a charge of $25 per incident. This charge is to cover administrative costs incurred by VirtualPBX in handling such disputes. Furthermore, any additional fees incurred by VirtualPBX as a result of the credit card processor dispute will also be charged to your account. By agreeing to these terms, you acknowledge and accept this charge and any additional fees as part of your financial responsibilities under this agreement. In the interest of network integrity and service quality, VirtualPBX monitors voice traffic including short duration calls, defined as calls lasting six seconds or less. Should the proportion of short duration calls exceed 15% of your total call traffic in a billing cycle, a charge of $0.0125 per short duration call will be applied. Customers generating fewer than 100 total calls in a month are exempt from this charge. This measure is to maintain network performance and service quality for all customers. Charges incurred will be reflected in your billing statement and are subject to the terms of payment outlined in this agreement.
The term of this Agreement begins on the date You or VPBX activates Your Service. Monthly-billed Service plans will automatically renew each month, whereas annually-billed Service plans will automatically renew every twelve (12) months for another twelve (12) month term. Please note that upon renewal, the annually-billed Service plans may convert to the current published retail pricing for comparable service plan. You acknowledge and approve modification request(s) from the following person(s) (“Approved Persons”): person(s) able to provide the Account name, unique account number, and the contact telephone number used by You under this Agreement and who is listed as a Billing Administrator in the VPBX vBilling portal for Your account. You and/or Approved Persons may request cancellation of this Agreement at any time by making such in writing or by email to billing@virtualpbx.com. Accounts will be canceled by VPBX within a reasonable timeframe. You authorize VPBX to cancel Your account at, and by the request of, Approved Persons. The effect of cancellation shall be to relieve You of the obligation to pay new fees subsequent to the date in which cancellation becomes effective. You represent and warrant that You understand said account will no longer be able to utilize any of the Services enjoyed while the account was active. You further affirm that all current fees, including those accrued but not yet billed or invoiced, are still owed and will be paid upon receipt of final invoice. Account cancellation shall not impair or discharge any of Your obligations or liabilities for use of Services subsequent to the initial request of cancellation yet prior to the effective date of said cancellation. You shall not be entitled to any refund of any portion of the accrued charges for the month in which cancellation notice was received, up until the date that the cancellation becomes effective. Early cancellation of an annually paid account, during its first 12 month period, will result in the billing of the number of months actually used in said period in which the account is canceled, with no proration inside of a billing month. Billing for said months will be at the standard, non-discounted, monthly rate for the type of rate plan in use, with a minimum of four (4) months billed within the first twelve (12) months of Service. If the plan being canceled is no longer offered at the time of cancellation, the amount billed will be based on the last price in place at the time said rate plan was available. A penalty charge of 20% of the initial annual payment amount will also be applied. All other charges, taxes, and fees other than those for Basic Service will still be due. Cancellation of an annual account at any time subsequent to its initial 12-month period are subject to a penalty charge of 100% of the remaining term of the contracted period. You and/or Approved Persons may request a change of Plan(s), which must be submitted in writing or by email to conversions@virtualpbx.com. You warrant You understand that requests for change may be approved or denied at the sole discretion of VPBX. You acknowledge that approved changes to Your Service may result in charges and administration fees, including any applicable early cancellation fee(s), should such fees apply to Your current Plan. Approved Change requests will take effect at the beginning of Your next billing cycle. You may request to have Your Plan converted mid-billing cycle for a one-time fee of $25 per conversion. Expedited conversions typically take 2-4 business days. Account fees for expedited conversions will not be prorated. You are limited to three (3) plan conversions during any twelve (12) month period. Additional conversions will be assessed $50 each. If You convert to a Plan having a term which is shorter than Your previous Plan, You may remain obligated for the full term of the original Plan.
VPBX reserves the right to review usage of flat-rate plans to ensure that You are not abusing such plans. You agree to use the flat-rate plans for normal day-to-day typical business voice or fax calls and will not employ methods or devices to take advantage of flat-rate plans by using the Service(s) excessively or for means not intended by VPBX. Flat-rate services may not be used for monitoring services, data transmissions, transmission of broadcasts or transmission of recorded material. VPBX may terminate, with or without notice, Your Service or change Your Service plan if, in its sole discretion, VPBX determines You are abusing the flat-rate plan. All Flat-Rate Plans are subject to all of the Prohibited Use and Fair Use limitations set forth in this Fair Use Policy. In addition, all flat-rate plans are subject to the following terms and conditions: Flat-Rate Plans are for normal residential or business use. Flat-Rate Plans are intended to facilitate communication between two persons at one time per line. Flat-Rate Plans cannot, under any circumstances, be used for call-in lines, call centers, trunking (to a PBX or otherwise), continuous or extensive call forwarding, autodialing, fax blasting, telemarketing (including without limitation charitable or political solicitation and/or polling), junk faxing, fax spamming, or other high volume or multi-person calling or faxing purposes. Any other use forbidden by law. VirtualPBX offers unlimited monthly plans for some of its products and services. An unlimited plan is subject to the terms and restrictions of these ToS. If, for any reason, VirtualPBX believes that Your usage of the unlimited plan and services violates these ToS, then VirtualPBX may, in its sole discretion with or without notice, either terminate Your unlimited plan or immediately convert Your unlimited plan to a metered plan, as set forth in the ToS.
The following policies apply to our Business SMS/MMS (SMS) service offering, whether sent via the VirtualPBX App, a third-party application, or via the VirtualPBX API. You must be 18 years or older, or at least 13 years old with the express permission of a parent or guardian, to receive text messages from VirtualPBX. If you choose, you can provide your mobile phone number to receive text message alerts from VirtualPBX, such as product information, order notifications, or promotional offers. By providing your mobile phone number, you expressly consent to receive automated text messages from us at the number provided. Consent is not required to purchase goods or services. Standard message and data rates may apply, and you should check with your mobile carrier for applicable rates. Text messages are distributed via third-party mobile network providers, and we cannot control certain factors related to message delivery. Depending on the mobile carrier, it may not always be possible to transmit the text message to the recipient successfully; nor is content available on all carriers. We do not guarantee the availability or performance of this service, including any liability for transmission delays or message failures. Message frequency may vary. Customers who choose to have access to Business SMS for person-to-person communications must comply with the Business SMS messaging guidelines outlined herein and cannot use it for automated messaging, such as calendar reminders, notifications, chatbots, 2FA, etc. Business SMS must also adhere to all other Terms and Conditions related to the service. For automated SMS, including calendar reminders, notifications, chatbots, 2FA, etc., our VirtualText solution should be utilized. Business SMS use restrictions include: sending and receiving no more than 15 to 60 messages per minute per number, sending and receiving no more than 1,440 messages in a 24-hour time period per number, no more than 75 unique recipients per outbound message, and no more than one number can be used per seat/user to send and/or receive Business SMS. Accounts in violation of VirtualPBX’s or underlying carrier rules and regulations may be subject to reduced deliverability of messages, suspension of service, or termination of service in addition to fines and other penalties passed through VirtualPBX by underlying carriers. It is your responsibility to be aware of any additional restrictions when sending SMS messages and to adhere to any and all policies related to the recipient(s) number. For automated, repetitive, or high-volume SMS, VirtualPBX will offer VirtualText, a high-volume SMS solution. To help support your compliance with industry guidelines, your use of VirtualText is subject to additional requirements, which are detailed in the VirtualText service offering.
Certain features of the Services utilize artificial intelligence (“AI”) to generate outputs, including but not limited to text, recommendations, or other content (“AI Outputs”). AI Outputs are generated through machine learning processes and are provided on an “AS IS” basis without any testing, verification, endorsement, or guarantee of accuracy, completeness, reliability, timeliness, or suitability for any purpose. You are solely responsible for independently reviewing, verifying, and evaluating all AI Outputs before use, and for ensuring compliance with applicable laws. To the fullest extent permitted by law, we disclaim all warranties, express or implied, with respect to AI Outputs, including warranties of merchantability, fitness for a particular purpose, non-infringement, and absence of harmful code. In no event shall we or our affiliates be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages (including lost profits, data loss, or business interruption) arising from or relating to your access to, use of, or reliance on AI Outputs, even if advised of the possibility thereof. The limitations set forth in Section 21.1 shall apply to claims related to AI Outputs, and you agree to indemnify us against any third-party claims arising from your use of AI Outputs as provided in Section 22.
You understand and agree that You are not the owner of any VPBX-assigned telephone number (Number). All rights to, and ownership of, any such Number are retained by, and fully vested in, VPBX. VPBX will assign or re-assign such Numbers to You for Your use during the term of this Agreement. You agree and affirm that (a) VPBX may from time to time and for various reasons need to change the Number assigned to You (by way of example, area code splits or for any other reason within or outside of VPBX’s control) and (b) following the termination of Your account for any reason You will no longer have access to said Number(s). You acknowledge and affirm an understanding that said Number(s) may be immediately re-assigned to another subscriber. You further agree that VPBX will not be liable for damages (including consequential or special damages) arising out of any such Number re-assignment and You hereby waive any claims with respect to any such re-assignment, whether based on contract, tort or other grounds, even if VPBX has been advised of the possibility of damages. From time to time You may port numbers into Your System, or port Numbers out of Your System. YOU ACKNOWLEDGE AND AFFIRM THAT SHOULD YOU CANCEL YOUR VPBX SERVICE PRIOR TO NUMBER(S) SUCCESSFULLY BEING ACCEPTED BY THE WINNING CARRIER, YOU WILL BE UNABLE TO PORT NUMBER(S) AWAY FROM YOUR SYSTEM, AND LOSE ANY RIGHTS TO SAID NUMBERS. You acknowledge and affirm that Numbers on accounts suspended or terminated for any reason are not eligible for porting out, regardless whether You ported said numbers into Your System. You acknowledge and affirm that Numbers on accounts having a past due or outstanding balance are not eligible for porting out, regardless whether You ported said numbers into Your System. In the event that the Service associated with Your VPBX Number is in the process of being canceled, then VPBX will, upon Your written request and following standard porting procedures, allow You to move Your VPBX Number(s) from VPBX to an alternate carrier provided that (a) the cancellation of Service is on favorable terms; that (b) all fees and charges for the Service, whether or not then due, have been paid in full. The timing of the port completion is determined by the winning carrier. VPBX is not notified by the winning carrier when the port is complete. Therefore it is Your responsibility to communicate with VPBX when the number has been ported away and is fully functional on the winning carrier’s service. VPBX will then remove the number from the Your system. At its discretion, or upon request, VirtualPBX may assign a Personal Identification Number (PIN) to individual phone numbers. The intent of a PIN is to prevent the unauthorized porting away of a phone number. For accounts in good standing, and upon request, said PIN shall be shared with the billing contact of an account in order to facilitate the successful porting of a number on the VirtualPBX platform to an alternative carrier. PORTING AWAY THE LAST NUMBER ON YOUR SERVICE WILL NOT AUTOMATICALLY CANCEL YOUR ACCOUNT. It is Your responsibility to communicate with VPBX when the last Number has been ported away and is fully functional on the winning carrier’s service. At that point, Approved Persons may request cancellation of this Agreement by making such request online, in writing or by email to billing@virtualpbx.com.
Your System includes functionality to facilitate Your recording calls. While the System provides a mechanism for automatically notifying parties when inbound calls are being recorded, no such recording ability is available for outbound calls. Regardless of whether calls being recorded are inbound or outbound, You agree and affirm that You and Your users are responsible for obeying all state, local, and federal laws associated with the announcement and/or use of call recording. VPBX accepts no responsibility for the use, or Your misuse of, call recording or the announcement of its use.
In addition to the rights reserved in Section 13, VirtualPBX further reserves the right, but not the obligation, to access customer accounts and data as necessary for the purposes of enforcing the terms of service, managing service performance, or for any other reasons stated within these Legal Terms. Specifically, VirtualPBX may, at its sole discretion: (1) Access your account to identify or resolve technical issues, respond to complaints about the Services, or ensure compliance with our Legal Terms; (2) Perform actions necessary to manage the Services’ performance, maintain system integrity and security, and facilitate the proper functioning of the Services; (3) Take any further measures as outlined in the terms of service to protect our rights, property, and the seamless delivery of the Services. VirtualPBX will undertake such actions in a manner consistent with the rights and obligations outlined in Section 13 and as otherwise provided in these Legal Terms.
You are solely responsible for ensuring compliance with all applicable local, state, and federal laws and regulations governing the use of voice and messaging services provided by VirtualPBX, including but not limited to those related to telecommunications, data privacy, and consumer protection. This includes compliance with all applicable carrier rules and regulations. You agree to bear all legal costs, fines, penalties, and carrier fees resulting from any non-compliance with such laws, regulations, or carrier rules, whether arising from your use or misuse of the Services. VirtualPBX shall not be liable for any losses, damages, or liabilities incurred due to your failure to comply with applicable laws, regulations, or carrier rules, and you agree to indemnify and hold VirtualPBX harmless from any claims, actions, or proceedings arising from such non-compliance, including reasonable attorneys’ fees and expenses, as outlined in Section 22 (INDEMNIFICATION).
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
VirtualPBX.com, Inc.
P.O. Box 8351
San Jose, CA 95155
United States
Phone: (+1)8888250800
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