Terms of Service
Date of the Latest Revision: July 25th, 2025
Your Voiply internet and voice services are provided by Voiply, LLC, including its affiliates, assigns, and agents (“Voiply,” “we,” “us” or “our”). These Terms and Conditions (“T&Cs”) are part of your service agreement with Voiply 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.voiply.com/privacy-policy, (iii) our Acceptable Use Policy located at https://www.voiply.com/acceptable-use-policy/, (v) any subscriber agreement or transaction materials that you sign or accept, (vi) any supplemental terms and conditions that may apply to any Service plan(s) and/or Equipment/Device(s) that you select, (vii) any confirmation materials that we may provide to you, (viii) the terms set forth in any applicable coverage map brochures, (ix) any other supplemental terms and conditions that we provide or otherwise make available to you, and (x) 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 make up 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”); your phone service, internet service, and any handsets, devices, or equipment provided or purchased by you from Voiply 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.
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.
- Acceptance. YOUR AGREEMENT WITH VOIPLY 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, clicking the accept button, 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 Voiply either electronically or through the mail or other method(s). IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS. - Dispute Resolution and Arbitration.
VOIPLY 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 Voiply 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 22 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, Voiply and you agree that the exclusive venue shall be United States District Court, Western District of Pennsylvania (the “Federal Court”), in the first instance, and in the Fifth Judicial District Court for the State of Pennsylvania, County of Allegheny, 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.
WAIVER OF JURY TRIAL. BY AGREEING TO ARBITRATE ALL DISPUTES, VOIPLY 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, VOIPLY 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.
Pre-arbitration Dispute Resolution. Before initiating any arbitration against Voiply, 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 (844) 843-4175 and providing a written description and supporting documentation of your claim, if requested by the Voiply care agent. Voiply and you each agree to negotiate your claim in good faith. If Voiply and you are unable to resolve the claim within sixty (60) days after Voiply receives your claim description and supporting documentation, you may pursue your claim in arbitration.
Small claims option. As an alternative to arbitration, Voiply may choose to resolve payment disputes in small claims court in the county of your most recent billing address. Voiply and you agree that if you fail to timely pay amounts due, Voiply 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.
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 Allegheny County, Pennsylvania office: (1) American Arbitration Association (“AAA”), Allegheny County, Pennsylvania and (2) National Arbitration and Mediation (“NAM”), Allegheny County, Pennsylvania. However, in all cases, you must serve all necessary paperwork through our registered agent pursuant to Section 12.4 of these T&Cs.
You and Voiply agree that the following rules will apply (the “Arbitration Rules”), depending on which arbitration service provider you select: (1) if American Arbitration Association, the AAA rules then in effect with AAA (available at https://www.adr.org) or (2) if National Arbitration and Mediation, the rules then in effect (available at https://www.namadr.com). 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 NAM decline to administer the Claim, then you or Voiply may file a petition in Federal Court for the appointment of an arbitrator pursuant to 9 U.S.C. Section 5. Voiply 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 in Section 22 or any state’s conflict of laws rules, in order to ensure the availability of witnesses, the Arbitrator will sit in Allegheny County, Pennsylvania, where Voiply is headquartered, or Pittsburgh, Pennsylvania. If you live outside of Allegheny County or Pittsburgh, Pennsylvania, 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, Voiply 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 Voiply 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 Voiply to enforce the ADR Process, Voiply will pay for or reimburse Arbitration Costs. Otherwise, Voiply and you will equally share the payment of Arbitration Costs. The term Arbitration Costs does not include attorney’s fees incurred by you or Voiply. 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.
Discovery: Not withstanding anything to the contrary in the Arbitration Rules, to the extent permitted by applicable law, you and Voiply 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.
CLASS ACTION WAIVER. VOIPLY 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 Voiply. - Refunds; Cancellation, Termination, Suspension, or Adjustment of Service Plans.
3.1 General. Subject to our plan refund policies as described in Section 3.2 and 15.3 below, 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 and our Refund Policy, 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.
3.2 Plan Refund Policy (Cancellations). You may request a refund and cancel your new Voiply service activation for any reason within 30 days of activation, and we will refund the full purchase price and any associated taxes and fees, as long as you: (i) have purchased a Voiply plan on voiply.com; (ii) complete our refund request form located at https://app.voiply.com/portal-login to cancel your new service activation (collectively, the “30-day money back guarantee” or “30-day risk-free trial”); and (iii) have returned to Voiply all hardware provided to you within the thirty (30) day period and the returned hardware is in good and operable condition If the equipment is not timely returned or is not in operable condition, you authorize Voiply to charge your credit card, which has been provided for payment, the actual cost of replacement of all such hardware.
3.3 Activation period. All service plans, including promotional plans and Trial Plans, must be activated within 45 days following the date of purchase. We reserve the right to suspend or terminate any plan or service that is not activated within 45 days following the date of purchase. - 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 VOIPLY 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 VOIPLY 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 (i) CONTACTING OUR CUSTOMER SERVICE DEPARTMENT AT (844)843-4175, OR (ii) MANAGING YOUR ACCOUNT PREFERENCES ON THE VOIPLY WEBSITE. 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. - Compatible Equipment.
You must use a supported, compatible Equipment to access the Voiply Service via the Voiply network. Only certain phones and computers are supported Equipment. Voiply will provide you with a list of supported Equipment upon your request. Modems, bypasses, gateways, automated relay equipment and any other Equipment used for commercial or re-direction purposes are not supported Equipment and violate our Acceptable Use Policy. Failure to use a supported, compatible Equipment when accessing our network will result in immediate termination of your Service. - Service Availability.
Coverage maps only approximate our anticipated coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity. Outages and interruptions in Service may occur, and speed of Service varies. You agree we are not liable for problems relating to Service availability or quality. - Important 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. Voiply 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 Voiply 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. For important information concerning your limited ability to access 9-1-1 emergency services when connected to Wi-Fi Calling on compatible Equipment, including your obligation to provide us with your most recent physical location (your “Registered Location”) whenever using the Wi-Fi Calling feature, please refer to Section 8.8 (Wi-Fi Features) of these T&Cs, as well as the 911 & E911 Disclosure posted on the Voiply website https://www.voiply.com/911-and-e911-disclosure , and incorporated into Section 8.8 of these T&Cs by reference. - Service Plans.
8.1 General. Your Service will operate only after you have purchased and redeemed a Voiply Service plan. We may offer plans that can only be activated through the Voiply application including, but not limited to, Trial Plans. Trial Plan access to the Voiply service will cease according to the specific terms of your Trial Plan. Trial Plans are not renewable, and you must become a paid subscriber to the Voiply service in order to continue your access to the Voiply service. For certain Trial Plans, you may only be able to transfer your phone number from your existing carrier when you purchase a standard Voiply service plan; for these Trial Plans you will instead be assigned a temporary phone number. Upon converting a Trial Plan to a standard Voiply service plan, you may choose either to keep the temporary phone number or to transfer your service phone number from your existing carrier. Visit our website located at voiply.com for specific details. If you have activated any Trial Plan, you will not be able to transfer the temporary phone number associated with that Trial Plan to a new carrier unless you convert your Trial Plan to a monthly plan. For all other Voiply service plans, expiration is subject to the terms of your plan. 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. 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. To ensure uninterrupted service, you are required to renew your account before your service term expires. Please visit our website located at voiply.com for the latest information regarding our Service plans and Trial Plans.
8.2 Charges. You agree to pay all Charges that we bill you or that were accepted or processed through your Plan. All Voiply Service plans are measured on 30-day monthly cycles (including for purposes of determining your data usage levels, as described below in Section 8.6), except that 12-month plans may be measured on 30-day and/or 31-day cycles, for a maximum of 365 days total. 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 end of your applicable payment cycle (“Auto Renew”). When you enroll in Auto Renew, automatic payments for plan fees that you incur will continue until you cancel. The recurring charge may vary if you change your plan or we change our prices, following notice to you. You may cancel Auto Renew or review your payment preferences at any time by (i) contacting our customer service department at support@voiply.com, or (iii) managing your account preferences on the Voiply website. You must change your Auto Renew 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 Auto Renew. For disputed Charges, see Section 11.
8.3 Voice Usage. Voiply Service plans include a voice plan as part of your Service. We round up any fraction of a minute to the next full minute. Usage is measured from the time our network supplier begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up) and the network disconnects. Primary use of voice services must occur within the U.S.
8.4 Data Usage and Messaging. Voiply Service plans include a data plan (“Data Plan”) as part of your Service. Data services are intended only for personal use; data services are exclusively for use within the U.S. Data usage is rounded up to the next full kilobyte increment at the end of each data session. Your data usage includes, among other things, text, web browsing, instant or picture messages, streaming, and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages. All data purchased through a Voiply Service plan (both data that comes with a particular Voiply Service plan and any additional data you purchase as an add-on), will expire immediately upon termination of your Voiply Service plan for any reason.
8.5 Permissible and Prohibited Use. Your Data Plan is intended for personal Web browsing, streaming, messaging, and similar activities on your Equipment and not on any other equipment. Primary use must occur in the U.S. and are also subject to our Acceptable Use Policy located at https://www.voiply.com/acceptable-use-policy. Examples of prohibited use can be found in Section 14 of these T&Cs and in our Acceptable Use Policy.
8.6 Data Usage Level. Voiply Broadband offers a range of monthly data allotments ("Usage Levels") for its broadband service plans, including 1GB, 2GB, 10GB, 50GB, and 800GB (Unlimited) data tiers. Each plan’s Usage Level defines the total amount of high-speed data available during the applicable 30-day billing cycle (“Service Period”).
Voiply monitors your broadband activity, measuring all upload and download data transmissions ("Actual Usage") for the duration of your Service Period. This includes data consumed by all connected devices and services—such as video streaming, web browsing, file downloads, software updates, and any use of hotspot/tethering functionality if supported by your plan. Actual Usage is calculated based on requested data, regardless of whether the full content is delivered. For example, if a file download is initiated but not completed due to loss of connectivity, the data request is still counted toward your total Actual Usage. Usage is measured in full megabytes with partial megabytes rounded up. If your Actual Usage reaches or exceeds the Usage Level of your plan, Voiply will suspend additional data access for the remainder of your Service Period. For example, if you are subscribed to the 5GB plan and consume the entire 5GB allocation, you will not be able to upload or download further data until the start of your next billing cycle. At that point, you may have the option to upgrade to a higher-tier plan. Upgrades will immediately increase your Usage Level for the remainder of your Service Period. However, if you choose not to upgrade, your data access will remain suspended until your current plan renews. Voiply does not allow overages or pay-per-use billing once your Usage Level is exhausted. This policy is designed to provide cost predictability and ensure network integrity for all users. By subscribing to a Voiply Broadband plan, you agree to these usage terms and acknowledge that exceeding your plan’s data allotment may require a manual upgrade to restore high-speed service during the same billing cycle.
8.7 Protective Measures. For an explanation of our right to limit or end the Service please refer to Section 15 below. Without limiting our right to so limit or end the Service, and to provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we or our network supplier may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. In addition, to provide the best possible experience for the most possible customers on Voiply plans, and to minimize capacity issues and degradation in network performance, we manage significant high-speed data usage of customers on our Unlimited Service Plans through prioritization. If you use your Data Plan in a manner that could interfere with other customers’ service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we or our network supplier may suspend, terminate, or restrict your data session, prioritize traffic, or switch you to a more appropriate Data Plan which may result in an increased cost. We or our network supplier also manage the network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we or our network supplier may implement other network management practices, such as caching less data, using less capacity, sizing video more appropriately to transmit data files more efficiently, and deploying streaming video optimization technology. Streaming video optimization technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video. Streaming video optimization improves streaming video reliability as well as makes room for other users to enjoy higher browsing speeds. The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it, however, we or our network supplier may prioritize data. While most changes to streaming video files are likely to be indiscernible, the optimization process may minimally impact the appearance of the streaming video as displayed on your Equipment. These practices operate without regard to the content itself or the source of the content, and do not discriminate against offerings that might compete against those offered by us on the basis of such competition. For additional information, see our Network Management Policy.
8.8 Wi-Fi Features. Voiply, at its sole discretion, may make available Wi-Fi voice services, i.e., the ability to originate and terminate calls over a Wi-Fi connection (“Wi-Fi Calling). If offered by Voiply, Wi-Fi Calling will only be available for Voiply customers that (i) have a Wi-Fi capable Equipment with Voiply supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their account by calling Customer Support or updating preferences in account management, and updating the applicable Wi-Fi calling settings, (iii) are connected to functioning to Voiply or a third-party internet service. Not all services available on Voiply’s network supplier’s network are available while using Wi-Fi Calling. For example, emergency alerts may not be available with Wi-Fi Calling. You understand and acknowledge that calling 9-1-1 via Wi-Fi Calling uses the internet and operates differently than calling 9-1-1 via traditional telephone services (see our complete 9-1-1 & E911 Disclosure posted on the Voiply website, which you hereby agree to and is incorporated herein by reference). Solely by way of example, and without limiting any of the disclosures contained in our 911 & E911 Disclosure, 9-1-1 may not work during internet outages or disruptions, when attempting to call 9-1-1 via Wi-Fi Calling from any location. In addition, emergency personnel may not be able to identify your phone number to call you back, and 9-1-1 calls may otherwise be delayed or dropped due to network architecture, when dialing 9-1-1 via Wi-Fi Calling, from any location. In addition, if Voiply makes Wi-Fi Calling available to you, you must provide us with any update, the physical location at which you will use Wi-Fi Calling (the “Registered Location”). If your Registered Location changes, either temporarily or permanently (e.g., when using Wi-Fi Calling at any other physical location), you must promptly update your Registered Location with Voiply. You may provide us with your Registered Location at any time within the applicable device settings of a compatible Device. If you do not provide us with an accurate Registered Location and update it promptly for any and all changes in your location as described above, we or our network supplier may block your usage of certain Wi-Fi Networks. You also understand and acknowledge that if you attempt to dial 9-1-1 via Wi-Fi Calling from any location other than your Registered Location, emergency personnel may not be able to identify your location, your 9-1-1 call may not complete, and/or your 9-1-1 call may be routed to emergency personnel in a different location. You understand and acknowledge that it may take up to 2 hours for changes in address to be updated, and you should notify Voiply in advance of any temporary or permanent changes to your Registered Location as described above. NEITHER VOIPLY NOR ITS NETWORK SUPPLIER IS RESPONSIBLE OR LIABLE FOR ANYTHING RELATED TO YOUR USE OF OR INABILITY TO USE ANY WI-FI CALLING MADE AVAILABLE TO YOU, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF EMERGENCY CALLS (WHETHER 9-1-1 CALLS OR OTHERWISE). For additional information regarding dialing 9-1-1, either with or without Wi-Fi Calling, please see Section 7 of these T&Cs. Wi-Fi Calling may decrement Service plan minutes, if any.
8.9 Downloadable Content. Content streaming services, and games (collectively, “Content”) that you can purchase with your service are not sold by Voiply. Voiply is not responsible for the Content, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content. Unless otherwise stated, any support questions for the Content may be directed to the third-party seller. When you use, download or install Content sold by a third-party seller, you may be subject to license terms, terms of use, a privacy policy and/or other policies between you and that third party. Content you purchase from third parties are licensed for personal, lawful, non-commercial use on your Equipment only. You may not transfer, copy, or reverse engineer any Content, or alter, disable or circumvent any digital rights management security features embedded in the Content. Content may not be transferable from Equipment to another Equipment. Some Equipment or Content may continue to have contact with our network without your knowledge, which may result in additional Charges. Voiply is not responsible for any third-party content, advertisements, or websites you may be able to access using your Equipment.
8.10 Use of Information. If you visit any third-party website or app store, or download or use any Content, the third party may access, collect, use or disclose your personal information or require the network carrier to disclose your information, including location information (when applicable) to the Content provider or some other third party. If you access or use any Content through the Voiply Service, you agree and authorize Voiply and its network supplier to provide information related to such use. You understand that your use of a third-party app is subject to the third party’s terms and conditions and policies, including its privacy policy. Please refer to the Content creator/owner’s privacy policy for information regarding their use of information collected when you download, install, or use any third-party Content. We are not responsible for any transmission failure, interruption, or delay related to Content, or any content or website you may be able to access through the Content.
8.11 Suspension and Cancellation. If your account is deactivated due to nonpayment, your account will be in a suspended status for 60 days. If your account is not reactivated within the 60-day period, it will be cancelled. If your account is cancelled, your remaining balance will be forfeited, except as otherwise required by applicable law. For any cancelled accounts, we may reassign the phone number associated with your account and may be unable to transfer that number to a different carrier. - International Long Distance.
All international long-distance services included in your Service are handled by a third party not affiliated with Voiply and are delineated on your receipts separately from the services provided by Voiply. - Taxes, Fees and Surcharges.
You are responsible for, and shall pay, the taxes, fees and surcharges set forth in Sections 10.1 – 10.5 below (“Taxes, Fees and Surcharges”) in connection with your Service account. Such Taxes, Fees and Surcharges will be included in your Service account 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 is in addition to payment for the Service and will be billed to your credit card or whatever available payment method you have chosen.
10.1 Recovery Fee. The Recovery Fee is assessed by Voiply to help recover Voiply’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.
- Voiply Service Plans
Voiply Service Plan - Flat Per-Plan Fee
Business Starter - $5.95
Business Advanced - $11.95
Business Premier - $16.95
Residential - $8.95
Fax - $9.99
Number Parking - $2.00
- Voiply Add-On and Voiply Wallet
10.2 Federal Universal Service Fund Fee. The Federal Universal Service Fund Fee is designed to recover Voiply’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 Voiply charges its customers the then-applicable rate charged to Voiply by USAC.
10.3 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.
10.4 Other Government Fees. Certain other government fees require a Zip code to calculate, since they vary depending on your location. Please see below Section 10.5 (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 Voiply may choose to charge its customers to recoup the state universal service fund fees charged to Voiply.
(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 Voiply Service. Voiply 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.
10.5 Government Taxes. Certain federal, state, municipal, local or other governmental Government taxes, including without limitation sales and use taxes, now in force or enacted in the future, are assessed as a result of your subscription to, use of, or payment for Voiply 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 Voiply’s headquarters: 15219. 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. - 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. For unresolved disputes see Section 2 above. To contact or notify us, see Section 12. - Notices and Customer Communications.
12.1 Receipt of Communications. You expressly consent to receive all communications, agreements, documents, notices and disclosures (“Notices”) from us, at the telephone number or web 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.
12.2 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 Voiply 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.
12.3 Revocation of Consent. You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use Voiply Service. Where Voiply 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 (844)843-4175, (ii) writing to: Voiply, support@voiply.com, Attn: Customer Service, or (iii) managing your account preferences on the Voiply 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.
12.4 Registered Agent. To begin arbitration or any other legal proceeding against Voiply, you must serve our registered agent. For all customers, our registered agent is Corporation Service Company and can be contacted at 1-717-526-4330 or by mail at 2595 Interstate Dr., Ste. 103, Harrisburg, PA 17110. - 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. - Misuse of Service or Equipment.
By activating or renewing Voiply Service with Voiply, you agree that you do so because you want Voiply Service from Voiply and not for any other purposes. Voiply Service plans may only be used for the following purposes (and your use of Voiply Service must be initiated from your supported, compatible Equipment: (i) voice calls between two individuals; (ii) text and picture messaging; and (iii) Internet browsing, streaming, and ordinary content downloads. 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) uploading, downloading or streaming of continuous video or audio;
(g) tampering with or modifying your Equipment;
(h) “spamming” or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes;
(i) reselling Voiply Service for profit, or tampering with, reprogramming or altering Equipment for the purpose of reselling the Service;
(j) using the Service in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, voice or relay, or peer-to-peer (P2P) file-sharing;
(k) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Voiply’s or another entity’s network or systems;
(l) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions (e.g., using a Service plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices);
(m) using the Service to relay voice calls or text and picture messages not originated from the Equipment; or
(n) assisting or facilitating anyone else in any of the above activities. You agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. 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. - Our Rights to Limit or End Service or the Agreement.
15.1 WE MAY LIMIT, THROTTLE, 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 14 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.
Voiply reserves the right to cancel or deactivate Voiply Service or reduce data throughput speeds 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 Voiply Service or any credit card “chargebacks.” Voiply reserves the right to limit throughput, or the amount of data transferred and to deny or terminate Service to anyone Voiply believes is using the Voiply Service in an unauthorized manner or whose usage, in Voiply’s sole discretion, adversely impacts its network supplier’s network or customer service levels. Voiply will presume you are engaging in an unauthorized use in violation of these T&Cs, if in Voiply’s sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk or data usage is harmful or disruptive to Voiply’s network or its supplier’s network or service levels or to Voiply’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 data throughput or terminate your Service, decline to renew your Service, or offer you a different Service plan without an unlimited usage component which may result in an increased cost to you.
Voiply may discontinue providing Voiply Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds if your usage, in the sole judgment of Voiply: (i) appears likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other Voiply customers; or (ii) may be harmful or disruptive to, or interfere with, Voiply’s network supplier’s network, Voiply’s service or the ability to provide quality service to other customers. By initiating Voiply Service and placing or receiving calls, you acknowledge and agree to Voiply’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.
15.2 No Future Service. In the event Voiply terminates your Voiply Service for any reason specified in Section 15.1 or otherwise, we reserve the right to prohibit you from using any Voiply Service plan in the future by blocking your device from our network, prohibiting you from using a new Voiply Service account that you purchase, or through other means.
15.3 Plan Refund Policy (Terminations, Suspensions, Adjustments). If you have purchased a 30-day Voiply Service plan and your service is suspended or terminated for any reason described in Section 15.1, or for any other violation of Voiply’s Terms of Service, you will not be entitled to any refund of fees paid for that Service plan.If you have purchased a pre-paid, multi-month Voiply Service plan and your service is suspended or terminated due to a violation of Section 15.1 or any other provision of our Terms of Service, Voiply will issue a pro rata refund of the Service fees for any unused 30-day periods remaining in your plan—excluding the current 30-day period during which the suspension or termination occurred.Additionally, if you have purchased any Voiply Service plan—whether a 30-day or pre-paid multi-month plan—and your service is modified, limited, or downgraded due to violations of Section 15.1 or misuse as determined by Voiply in its sole discretion (for example, by assigning your account to a plan with lower service thresholds or access restrictions), you will not be entitled to any refund, credit, or compensation related to that adjustment.
15.4 Equipment and Accessory Returns. For Voiply-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 online inside your Voiply portal. Some Voiply-provided Equipment and accessories may not be refunded or exchanged, and you may be required to pay a restocking fee. Equipment offered to Voiply 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. Voiply makes no representations about such returns.
15.5 Equipment Warranty Information
All new Equipment purchased from our website come with a one-year manufacturer warranty from the original date of sale. All refurbished Equipment purchased from our website come with a 60-day warranty from the original date of sale. If your Equipment is defective, please follow the Equipment Return instructions listed above under Section 15 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.
Our conditions for a warranty claim are as follows:- Your warranty only covers defects in materials or workmanship. It does not cover defects arising from damage or normal wear-and-tear or aging.
- 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 ‘mod’ your Equipment will void its warranty.
Our warranties expressly exclude certain categories of damage and use of your Voiply Equipment. These exclusions, which we do not cover, include possible costs or damages for which you will not be reimbursed. These exclusions are as follows: 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, VOIPLY 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.
- Intellectual Property.
You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of Voiply or any other third party. Except for a limited license to use the Voiply Service, your purchase of Voiply Service and Voiply Equipment does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Voiply or others related to the Voiply Service and Voiply Equipment; this intellectual property may be used only with Voiply Service unless expressly authorized by Voiply. You agree that a violation of this section harms Voiply, which cannot be fully redressed by money damages, and that Voiply shall be entitled to seek immediate injunctive relief in addition to all other remedies available. - Privacy Information.
Our Privacy Policy governs how we collect and use information related to your use of the Voiply Service and is available online at 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. - Disclaimer of Warranties.
EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE GREATEST EXTENT PERMITTED BY LAW, THE VOIPLY 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. 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. - Waivers and Limitations of Liability.
YOU AGREE THAT:
VOIPLY IS NOT AN INSURER OF SERVICES, NOR CAN IT INSURE THE ACCURACY OF YOUR INFORMATION OR THE PRIVACY OR SECURITY OF YOUR VOIPLY ACCOUNTS;
VOIPLY HAS NO CONTROL OVER THE ACTS AND CONDUCT OF THIRD PARTIES;
VOIPLY IS NOT RESPONSIBLE FOR LOSSES INCURRED AS A RESULT OF YOUR OR A THIRD-PARTY’S USE OF YOUR VOIPLY PHONE NUMBER OR OTHER VOIPLY SERVICE AS A SOURCE OF AUTHENTICATION OR VERIFICATION IN CONNECTION WITH ANY SOCIAL MEDIA, EMAIL, FINANCIAL, CRYPTOCURRENCY OR OTHER ACCOUNT.
YOU ARE RESPONSIBLE FOR KEEPING YOUR EMAIL, PASSWORD, AND ALL OTHER ACCOUNT INFORMATION RELATING TO YOUR USE OF VOIPLY SERVICE SECURE AT ALL TIMES.
EXCEPT IN CASES OF FRAUD OR WILLFUL MISCONDUCT, TO THE GREATEST EXTENT PERMITTED BY LAW, VOIPLY 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 VOIPLY 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 VOIPLY); AND/OR ANY INTERRUPTION, ERROR, LIMITATION, OR DELAY IN ANY SERVICE, OR EQUIPMENT. WITHOUT LIMITING THE FOREGOING, YOU ALSO AGREE THAT VOIPLY 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. - 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. - 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. Except as provided in Section 2, 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 Voiply and you and defines all of the rights you have with respect to your Voiply Service or Voiply 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; Voiply is not a party to that agreement. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion. Sections 2-3, 5, 8-14, and 16-22 of this Agreement continue after termination of our Agreement with you. - Choice of Law.
Voiply 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 2 to these T&Cs), and only to the extent state law may apply to the Agreement, Voiply 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 Allegheny County, Pennsylvania, where Voiply is headquartered. In all cases, arbitration will be held in accordance with Section 2 above. To the extent permissible under the Agreement, court proceedings must be initiated in the Fifth Judicial District Court of Pennsylvania, Allegheny County or the United States District Court for the Western District of Pennsylvania. 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. - CPNI.
Customer Proprietary Network Information (“CPNI”) is information that Voiply 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 Voiply. 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.
Voiply uses technology and security features and strict policy guidelines to safeguard the privacy of CPNI and protect it from unauthorized access or improper use. Voiply does not disclose CPNI outside of Voiply, its affiliates and their respective agents without customer consent except as required by law. When Voiply uses third parties to perform services on its behalf that require the use of CPNI, Voiply requires that they protect the CPNI consistent with this provision. Voiply 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 12 of these T&Cs. - TRIAL PLAN TERMS & CONDITIONS.
Voiply does not offer traditional trial plans. Howver, Voiply allows customers to cancel their plans within thirty (30) days of agreeing to a plan and receive all of their money back. This money back guaranty is similar to a trial plan.
GENERAL PROMOTIONAL TERMS & CONDITIONS
From time to time, and in Voiply’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 Voiply 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 Voiply each agree that any promotion, to the extent available to you, any Voiply customer, or any subset of Voiply customers, shall only be offered, if at all, in Voiply’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. - Digital Millenium Copyright Act.
The Digital Millenium Copyright Act of 1998 (“DMCA”) is a United States copyright law that provides online service providers who have content on their sites to be relieved from liability for copyright infringement if they promptly remove the offending content once notified of an alleged infringement by a copyright owner or his designated agent.
It is our policy to respond to any infringement notices and take appropriate action under the DMCA and other applicable intellectual property laws.
If the copyright owner believes that their copyright work has been copied without permission, you must provide the following information to support@voiply.com. Your DMCA takedown notice must contain the following information:
Copyright owner or the designated agent must:- Provide an electronic or physical signature.
- Provide a description of the copyright work that is claimed as infringed.
- Identify where the infringing copyrighted work is located on the voiply.com website.
- Provide content information such as name, address, phone number, and email address.
- Provide a statement that they have good faith belief that the infringing use is not authorized by the copyright owner, designated agent, or by law.
- Provide a statement under penalty of perjury that the information in the notice is accurate and that they are the copyright owner or an authorized agent to act on behalf of the copyright owner.
Copyright owner or its designated agent who makes misrepresentations with regard to the copyright infringement may be liable for damages incurred as a result of removing or blocking the alleged copyrighted work. Please be aware that you will be liable for damages (including costs and attorney fees) if you misrepresent information listed on our site that is infringing on your copyrights. We suggest that you first contact an attorney for legal assistance on this matter.
You may file a complaint with Voiply.com and its designated agent if you believe that a content hosted by voiply.com is violating your rights under U.S. Copyright Law by email, which is as follows: support@voiply.com