This Acceptable Use Policy applies to all Voxxa Services. Please carefully review the following to determine if the Services you have purchased are subject to additional, service-specific prohibitions.
The list above is not exhaustive or exclusive. For purposes of this AUP, “End User” means an individual user of the Services, and may be a natural person, and may include but is not limited to a Customer’s employees, consultants, clients, external users, invitees, contractors and agents. Except as otherwise provided, terms defined in the Agreement have the same meanings when used in this AUP.
Voxxa may act immediately and without notice to suspend or terminate the Services if, in Voxxa’s sole discretion, Customer’s or its End Users’ use of the Services violates the terms of this Acceptable Use Policy.
Voxxa’s Hardware Rental Agreement (“Rental Agreement”) is available to Customers whose Voxxa MVP Services have a minimum Initial Term of at least twenty-four (24) months. This Rental Agreement is incorporated into and made a part of the agreement you accepted and/or signed which governs your use of Voxxa Services
In the event of differing terms or a conflict between the terms of the MSA and the Rental Agreement, the terms of the Rental Agreement will prevail. Any capitalized terms not defined herein will have the meaning ascribed to them in the MSA.
III. Upon any termination of the Rental Agreement or Rental Services, you agree to return the Rental Device(s) (including all accessories and materials that were originally provided with the Rental Device(s)) consistent with Voxxa’s written instructions and in accordance with Section C (i) below. If you do not return a Rental Device(s) within thirty (30) days following the termination, you will be automatically deemed to have purchased the Rental Device(s) pursuant to Section C (ii) below, no invoice need be issued, and the amount owed shall be due immediately.
You will ensure that: (a) each Rental Device will only be used in a careful and proper manner and in accordance with the written instructions provided with it by Voxxa, as may be updated by Voxxa or the manufacturer of the Rental Device from time to time; (b) each Rental Device will not be defaced, modified, used or operated in any manner or for any purpose in violation of any federal, state, or local law or regulation; (c) each Rental Device must remain within the country expressly permitted for its use by the Master Services Agreement, and may not be exported or re-exported to any other country; (d) any regulatory or certification markers affixed to a Rental Device may not be removed, defaced, or otherwise obstructed; and (e) each Rental Device will only be repaired subject to Voxxa’s express written authorization and in accordance with Voxxa’s instructions and requirements.
III. Before returning any Rental Device or hardware that has data in its memory, you are solely responsible to transfer all files you wish to retain. Once the Rental Device and related hardware is returned, your files cannot be recovered and you release us of any liability for any lost, damaged, or destroyed files, data, or other information.
Warranty Disclaimer
EACH RENTAL DEVICE AND ANY HARDWARE RENTED OR PURCHASED IN CONNECTION WITH THIS RENTAL AGREEMENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND VOXXA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER CANADIAN LAW OR ANY PROVINCE THEREOF. VOXXA MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY RENTAL DEVICE WILL BE DELIVERED TO YOU BY A PARTICULAR DATE OR IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF ANY RENTAL DEVICE SHALL BE BORNE SOLELY BY YOU.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT VOXXA CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
To the extent permitted by Law, Voxxa shall pass through to Customer all warranties Voxxa receives in connection with the Rental Device provided by the manufacturer.
You authorize us to collect any Rental Fees owed by you pursuant to the payment method as outlined in the order. This Rental Agreement is the binding obligation between the Parties, enforceable against them in accordance with its terms.
Voxxa may, in its discretion, update or change the on-line version of the terms and conditions of the Rental Agreement, and the version of Rental Agreement applicable to each Rental Device is the version of this Rental Agreement then in effect on the Start Date of the Rental Service for that Rental Device.
Enhanced Business SMS
Use of Enhanced Business SMS must comply with Voxxa’s Terms of Service and Acceptable Use Policy.
Voxxa Enhanced Business SMS guidelines
Automated messaging
Automated SMS messaging may be used on Voxxa’s platform through Voxxa provided tools, third-party integrations, and Voxxa SMS APIs. Automated messaging must only be sent from numbers that have been linked to a TCR campaign designed for automated messaging (ie an “Automated” campaign type). Prior to sending any automated messages, you must have express and logged consent as outlined by the CTIA guidelines from the recipient to message them. Promotional messages (regardless of if automated) must have express, written, and logged consent. Automated messages must include opt-out language on each message (eg “Reply STOP to end”), and all opt-out requests must be honored.
Opt-in/ user consent
Before sending an SMS message to any number you must have their express consent to do so. It’s important to note that implied consent is not considered sufficient for SMS outside of immediately responding to a received message, nor is purchasing a list of “users who have opted in to SMS.” A user must actively ask to receive SMS messages from you. Remember, consent must be given for each campaign or message type you intend to send. Marketing or promotional messages require the recipients’ express prior written consent.
Examples of obtaining consent include using a web form where it is clearly explained that a user is opting into SMS messages, or by having them send a message to your number. It is highly recommended to use a double opt-in, confirming their consent via SMS and validating their number.
You must also log and track consent, and opt-ins and opt-outs. In certain cases carriers may request proof that an individual has opted in including an overview of how your opt-in/ opt-out process works.
Failure to ensure opt-in may result in your number or service being blocked or suspended by mobile carriers or Voxxa.
Opt-out
You must provide a clear way for users to opt out of your SMS messages, via text. The CTIA guidelines provide clear command keywords that must be honored for opt-out requests, including STOP and UNSUBSCRIBE.
Instructions for opt-ing out must be included on any informational or promotional messages.
Long-code and Toll-free SMS when used outside of our High Volume SMS solution do not automatically manage opt-outs, and you will need to manage and track opt-out requests when not using High Volume SMS. Similarly, you will need to manage opt-outs received through other methods, to avoid sending SMS to consumers that have opted out.
Prohibited campaigns
While SMS provides a great way to engage your opted-in customers, there are limitations and restrictions in terms of what types of messages may be sent, and to the content of the messages. The following campaigns (use cases) are strictly prohibited across all of Voxxa’s SMS solutions:
In addition, businesses that engage in the following activities are prohibited from using SMS, regardless of their message content, consent, or how they would otherwise use SMS:
Note: Voxxa is currently unable to offer exceptions to the above prohibited campaigns. Messages similar in nature may also be blocked by Voxxa or the carriers at their discretion. Some messages (e.g., an update on your loan application) may be blocked accidentally, in which case Voxxa recommends filing for an individual brand ID and a campaign specific to your messages.
Prohibited content
The following message content is also strictly prohibited and may result in your service being blocked or suspended by the carriers or Voxxa:
Voxxa reserves the right to add to this list at any time or determine messages are prohibited at its discretion.
Carrier fees and account restrictions
Accounts in violation of Voxxa or carrier rules and regulations may be subject to reduced deliverability of messages, additional campaign registration requirements and fees, suspension of service, or termination of service in addition to fines and other penalties passed through Voxxa by the carriers.
It is your responsibility to be aware of any additional restrictions or changes to policies, regulations, and laws when sending SMS messages, and to adhere to any and all policies related to the recipient number.
Use of voice and/or facsimile services provided by Voxxa is subject to this Numbering Policy. This Numbering Policy incorporated into anad made a part of the Agreement.
Customer may obtain new numbers from Voxxa for use with the Services, or may port existing numbers, subject to the terms below.
Voxxa makes available phone numbers for use with voice and facsimile services, which Customer may select for assignment to the Customer’s Account. Voxxa’s listing of a number as available may be erroneous and does not constitute a representation or guarantee that such number is actually available for such assignment. In the event a chosen number is not actually available, Voxxa may remove such number from an Account.
2.The Number Porting Process.
In order to request the porting out to another services provider of a telephone or facsimile number currently assigned to an Account, you must follow the instructions specified by that services provider and must provide all information and cooperation requested by the relevant other services providers, Voxxa, or any other relevant third party. The porting of phone numbers into or out of an Account requires Customer’s provision of specific and detailed information to Voxxa and/or other service providers, and procedures imposed by other service providers or Voxxa in order to comply with law and industry standards. Therefore, the completion of any number port request may depend on factors outside of Voxxa’s control, including delays caused by Customer and/or other service providers.
3. Unauthorized Port Outs
Voxxa is required by law to comply with any valid porting request. Phone numbers may be ported out from an Account due to acts or omissions of third parties, and it may be difficult or impossible for Voxxa to: (i) prevent such port-outs: (ii) retrieve numbers ported out of an Account; or (iii) port such numbers back into an Account. Voxxa has no responsibility or liability due to such port-outs.
4.Accurate Porting Information
Customer represents and warrants that all information provided in connection with any request to port in or port out numbers to or from the Voxxa Services (including without limitation any information or representations in any Letter of Agency) by Customer or any party acting on its behalf or direction will be true, accurate, and up-to-date.
5. Customer Compliance with Porting Laws
The porting of numbers is subject to telecommunications and other Laws and may be subject to third-party terms and conditions. Customer, and/or any party acting on Customer’s behalf, shall not: (i) violate any applicable Law or engage in any fraudulent or deceptive conduct in its porting-related requests or activities; (ii) engage in or facilitate “slamming” or the porting out of any telephone or facsimile number or change or attempt to change any party’s telephony service provider without first obtaining the proper, requisite consents and authorizations; or (iii) violate contractual or other obligations to service providers or other third parties.
6.Release of Numbers
In the event of Account termination or cancellation, all telephone numbers associated with the Account which have not previously been ported to another provider may be released. The cancellation of individual Digital Lines may result in the release of the associated numbers if those numbers have not previously been ported to another provider. Customer is solely responsible for working with its new third-party provider to port out any numbers prior to termination or cancellation of Customer’s Account or Services, or any individual line.
Number Publication by Customer
All new number assignments are provisional until verified by Voxxa and confirmed by Customer. Customer shall not publicize, list, or communicate any number that assigned to the Account, or purchase or invest in any materials or media reflecting any such number unless and until Customer has confirmed that such number(s) is(are) active and functioning as desired. Acceptable methods of confirmation include test calling such number(s) from a non-Voxxa service plan and verifying that the fees and charges that will be incurred in connection with use of such number(s) are acceptable to Customer
Voxxa Administrative & Infrastructure Cost Recovery Fee: This fee is used to recover some or all of certain costs that Voxxa incurs, including government-imposed fees, such as the Federal Regulatory Fee, Telecommunications Relay Service (TRS), LNP and STI-GA, etc., including the costs associated with
The fee does not include federal or state Universal Service Fund fees. Though assessed widely in the market, this fee is not a tax, nor is it mandated by any level of government or government agency.
State and Local Taxes. This line item includes taxes and/or mandatory surcharges imposed by state or local governments on goods and services, including voice service. Mandatory surcharges may be imposed by local governments to help pay for state universal service support and the government’s emergency services costs, such as, for example, 911 infrastructure, fire, and 988-related crisis centers. These taxes and surcharges vary by jurisdiction.
3. obtaining and managing phone numbers, receiving calls from third-party provider networks, and terminating calls on such third-party networks,
4. certain network facilities and services, certain data centers, and the operation, protection, and maintenance of necessary network infrastructure and data centers; and
5. filing and maintaining patents, trademarks and other proprietary rights; and some administrative costs associated with providing its services.
The fee does not include federal or state Universal Service Fund fees. Though assessed widely in the market, this fee is not a tax, nor is it mandated by any level of government or government agency.
Federal Universal Service Fund Fee: The federal Universal Service Fund is established by the Federal Communications Commission (FCC), and provides support to enable access to telecommunications and broadband services for those living in rural and high-cost areas, low-income consumers, rural health care facilities, and schools and libraries. All telecommunications and interconnected VoIP providers, including Voxxa, Inc, are required to pay into the federal USF, and their contributions may be recovered from customers. The FCC sets the applicable USF rate on a quarterly basis, and it is subject to change.
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