Legal
Terms of Service
Effective Date: April 26, 2024. These Terms of Service govern the use of AureVox services, including service terms, billing, renewal, termination, and legal protections.
Acceptance of Terms
These Terms of Service, together with any Activation Agreements, Order Forms, and any addendums or exhibits executed by and between AureVox and Customer, which are incorporated herein by reference, constitute the agreement ("Agreement") between AureVox ("we," "us," or "AureVox") and the Customer ("you," "user," or "Customer") of AureVox business services and any related products or services ("Services"). AUREVOX OFFERS ITS SERVICES AND EQUIPMENT SOLELY FOR BUSINESS USE, PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY SIGNING THIS AGREEMENT ELECTRONICALLY OR BY ANY OTHER FORM OF EXECUTION, OR BY UTILIZING THE SERVICES OR EQUIPMENT, CUSTOMER (A) ACCEPTS THIS AGREEMENT AND AGREES TO BE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENTS AND WARRANTS THAT: (I) ITS REPRESENTATIVE ACCEPTING THESE TERMS IS 18 YEARS OF AGE OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IT HAS THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE ORGANIZATION OR LEGAL ENTITY THAT IS THE CUSTOMER. IF CUSTOMER DOES NOT AGREE TO THESE TERMS, NEITHER CUSTOMER NOR ITS AUTHORIZED USERS MAY USE THE SERVICES OR EQUIPMENT.
1. Basic Definitions
"Activation Date" means the date on which AureVox activates your Service. "Agreement" means these Terms of Service. "Authorized Users" means individuals designated as users by the Customer who are employees or authorized agents of the Customer. "Customer" means the individual or legal entity with whom AureVox has a business relationship and/or is accessing or using AureVox's Services and Equipment. "Customer Premise Equipment" means telephone or other equipment located on the customer's premises rather than on AureVox's premises. "Device" means an IP phone, softphone, or other endpoint used to access the Service. "Equipment" means devices such as IP phones, Multimedia Terminal Adapters, Analog Telephone Adapters, switches, routers, or any other IP connection device. "Parties" means AureVox and Customer. "Softphone" means a software program for making telephone calls over the Internet using a general-purpose computer or mobile device rather than dedicated hardware. "Virtual Number" means a telephone number without a directly associated telephone line, also known as a Direct Inward Dialing (DID) or access number. "VoIP Service" or "Service" refers to the fully unified communications solution offered by AureVox to Customer. "You," "your," and "yours" mean the Customer and all Authorized Users using AureVox Services and Equipment.
2. Emergency Services – 911 Dialing
2.1 Non-Availability of Traditional 911 or E911 Dialing Service. The VoIP Service does not support traditional 911 or E911 access to emergency services in all locations. Where traditional 911 or E911 is not available, AureVox offers a limited emergency calling feature known as "911 Dialing," available only on AureVox-certified Equipment. The 911 Dialing feature may not function when used with a Softphone, mobile app, Virtual Numbers, or customer-supplied Customer Premise Equipment. OUR 911 DIALING FEATURE IS NOT AUTOMATIC — YOU MUST SEPARATELY REGISTER THE ADDRESS WHERE YOU WILL USE THE SERVICE IN ORDER TO ACTIVATE 911 DIALING. YOU MUST DO THIS FOR EACH AUREVOX PHONE NUMBER YOU OBTAIN. YOU SHALL INFORM ALL EMPLOYEES, GUESTS, AND ANY OTHER PERSONS WHO MAY USE THE SERVICE OF (I) THE NON-AVAILABILITY OF TRADITIONAL 911 OR E911 AND (II) THE LIMITATIONS OF AUREVOX'S 911 DIALING FEATURE. IT IS YOUR RESPONSIBILITY TO PLACE A NOTICE ON EACH DEVICE OR OTHERWISE ALERT DEVICE USERS OF THESE LIMITATIONS. 2.2 Registration of Physical Location Required. For each phone number used with the VoIP Service, you must register with AureVox the physical location where the Service will be used. When a Device is moved to a new location, you must update your registered address. Failure to register a new location may result in 911 calls being routed to an emergency center near the old address. You may only register one location at a time per phone line. 2.3 Confirmation of Activation Required. Your 911 Dialing feature will not be active for any phone line until you receive written confirmation from AureVox that 911 Dialing has been activated for that line. 2.4 How Emergency Personnel Are Contacted. AureVox uses the address of your registered location to route your call to the nearest emergency response center. When the center receives your call, the operator may not have your address or phone number — you must provide this information to receive assistance. AureVox relies on third-party routing providers and disclaims all liability for errors in third-party routing data. You authorize AureVox to disclose your name and address to third-party service providers for the purpose of dispatching emergency services to your registered location. 2.5 Service Outages. (a) Power Failure: 911 Dialing does not function during a power outage. Service, including 911 Dialing, will not resume until power is restored and devices are back online. (b) Internet or Broadband Outage: Any suspension or loss of broadband service will prevent all VoIP Service, including 911 Dialing, from functioning. (c) Account Suspension or Termination: Suspension or termination of your AureVox account will prevent all VoIP Service, including 911 Dialing, from functioning. (d) ISP Port Blocking: Your ISP or broadband provider may block ports over which the VoIP Service is provided. AureVox is not responsible for such blocking or any resulting loss of service, including 911 Dialing. You will remain responsible for service charges during any such outage unless service is terminated in accordance with this Agreement. (e) Other Outages: Any VoIP Service outage, for any reason, will prevent 911 Dialing from functioning. 2.6 Re-Activation After Number Changes. 911 Dialing does not function if you change your phone number or add or port new numbers until you successfully register a location for each changed, added, or ported number. 2.7 Network Congestion; Reduced Speed. There may be greater network congestion or reduced routing speed for 911 Dialing calls compared to traditional 911 service over the public switched telephone network. AureVox uses advanced call analytics and monitoring for troubleshooting purposes. Call data may be retained for up to fourteen (14) days. AureVox will not listen to call content without your explicit consent. You may opt out of this monitoring by contacting ask@aurevox.io. 2.8 Possible Lack of Automatic Number Identification. AureVox's system is configured to transmit automatic number identification; however, routing carriers or emergency response centers may not be capable of receiving or passing on that information. The operator answering your 911 call may not be able to automatically obtain your phone number. 2.9 No Automated Location Identification. In most service areas, it is not possible to automatically transmit your registered address to the local emergency response center. You must clearly state your location and the nature of your emergency. Emergency personnel will not be able to find your location if the call is dropped, not completed, or if you are unable to speak. 2.10 Disclaimer of Liability and Indemnification. AureVox does not control how 911 calls are answered or addressed by local emergency response centers and disclaims all responsibility for the conduct of such centers. AureVox relies on third parties to route 911 calls and disclaims all liability for errors in third-party routing data. AUREVOX, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS ARISING FROM OR RELATING TO THE 911 DIALING SERVICE UNLESS CAUSED BY AUREVOX'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. You shall defend, indemnify, and hold harmless AureVox and its affiliates from any and all claims, losses, damages, fines, penalties, costs, and expenses (including attorneys' fees) relating to the absence, failure, or outage of the Service, including 911 Dialing, incorrectly routed 911 calls, or the inability to access emergency services. 2.11 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should maintain an alternate means of accessing traditional 911 or E911 services or consider terminating the Service.
3. Service Distinctions
3.1 AureVox provides its Service on a best-effort basis. The Service is not a traditional telecommunications service and is subject to different regulatory treatment, which may limit your rights of redress before regulatory agencies. 3.2 No 0+ or Operator-Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator-assisted calling, including collect calls, third-party billing calls, or calling card calls. The Service may not support 311, 511, or other x11 services (other than 911 and 411 as provided in this Agreement) in some or all service areas. 3.3 No Directory Listing. Phone numbers obtained from AureVox will not be listed in telephone directories. Numbers ported from your previous carrier may remain listed. Reverse directory lookups of AureVox-issued numbers may not be available. 3.4 Incompatibility With Other Services. (a) Security Systems/Fire Alarms: The Service may not be compatible with security or fire alarm systems. You are responsible for testing compatibility with any alarm monitoring provider and, if necessary, maintaining a separate telephone connection for alarm monitoring. (b) Broadband Services: The Service may not be compatible with all broadband services. Some broadband modems may prevent the transmission of VoIP communications. AureVox does not warrant compatibility with any particular broadband service. 3.5 Use of Service Outside the United States. AureVox supports the Service within the United States only. If you use the Service or Equipment outside the United States, you are solely responsible for compliance with applicable local laws and regulations. AureVox reserves the right to immediately terminate your Service if used outside the United States.
4. Term and Termination
4.1 Term. Service is offered on the term identified in your service activation form, order form, or online ordering process. Your Initial Term begins on the Activation Date and ends on the day before the anniversary date of that Term. Subsequent terms automatically renew for the same duration as your Initial Term (each a "Renewal Term") unless terminated in accordance with Section 4.2. (a) Termination of Existing Contracts: It is your responsibility to terminate any existing contracts with your current carrier or service provider. AureVox is not responsible for terminating existing contracts or any damages resulting from your failure to do so. 4.2 Auto-Renewal. (a) Terms Greater Than Month-to-Month: At the end of your Initial Term and each Renewal Term, your Service will automatically renew for the same duration unless you send AureVox written notice of non-renewal via email to billing@aurevox.io. The non-renewal notice must be received at least sixty (60) days before the end of the then-current term and must include your AureVox account number, business name, and the date you wish Service to end. (b) Month-to-Month Terms: If your Service is month-to-month, it will continue until you provide written notice of termination to billing@aurevox.io at least thirty (30) days before the end of the then-current month. You will be responsible for the full subsequent month if notice is not received in time. (c) Notice to Terminate by AureVox: AureVox may provide a termination notice in the same manner and timeframe, the effect of which shall be termination of Service at the end of the then-applicable Term. 4.3 Termination; Effect; Payment for Full Term. (a) Early Termination by You: Termination will not excuse you from paying all accrued and unpaid charges through the effective date of termination. If you terminate before the end of the then-applicable Term, you shall be responsible for all charges for the remainder of that Term plus any applicable termination fees, all of which become immediately due and payable within ten (10) days of the termination date. All Equipment must be timely returned. (b) Termination by AureVox for Cause: AureVox may terminate Service for Cause, defined as: (i) your breach of this Agreement (with thirty (30) days written notice to cure, except for uncurable breaches, violations of law, Prohibited Acts, or tampering); (ii) use of the Service that is prohibited by law or disruptive to AureVox's network or other customers; or (iii) a court order directing termination. Upon termination for Cause, all remaining Term charges become immediately due and payable within ten (10) days. (c) Number Transfer on Termination: Upon termination, AureVox may, at its sole discretion, release ported numbers to your new provider if: (i) the new provider can accept the number; (ii) the account was terminated properly and is not for Cause; (iii) all charges including termination fees are fully paid; and (iv) you request the transfer in writing upon termination.
5. Prohibited Acts and Uses; Compliance with Applicable Laws
5.1 No Resale or Transfer Without Consent. You may not resell, transfer, or assign the Service or rented Equipment to any other party without AureVox's prior written consent. If consent is granted, AureVox may charge a transfer fee. 5.2 Abusive Behavior. You shall not act in a verbally abusive, threatening, or harassing manner toward AureVox staff or representatives, or use inappropriate language in any communication with AureVox. 5.3 Prohibited Uses and Inappropriate Conduct. (a) Unlawful Purposes: You shall use the Service and Equipment only for lawful purposes. Prohibited uses include, without limitation, auto-dialing, continuous or extensive call forwarding, telemarketing, charitable solicitation, political polling, fax or voicemail broadcasting or blasting, and any other use deemed unlawful by applicable law. AureVox may immediately terminate or modify your Service for any such use, and you will remain responsible for all charges through the end of the then-applicable Term. (b) Inappropriate Conduct: You shall not use the Service or Equipment in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or invasive of another's privacy. AureVox may immediately terminate Service for such conduct, and you will remain responsible for all charges through the end of the then-applicable Term. (c) Reporting Unlawful Conduct: If AureVox reasonably believes the Service has been used for an unlawful purpose or inappropriate conduct, AureVox may forward relevant communications and identifying information to appropriate authorities. You consent to such disclosure. AureVox will also provide information in response to lawful law enforcement requests, subpoenas, or court orders. 5.4 Unlawful Content. You are liable for all content transmitted using your Service or Equipment, whether by you or any authorized or unauthorized user. Content must comply with all applicable laws and regulations. AureVox may suspend or terminate Service and remove content if it determines, in its sole discretion, that content violates this Agreement or interferes with service delivery. 5.5 Call Recording. AureVox may provide call recording functionality. Laws governing call recording notice and consent requirements vary by jurisdiction. You are solely responsible for complying with all applicable federal, state, and local laws when using call recording features. AureVox will not alter or modify call recordings. 5.6 Compliance with Fax Laws. AureVox expressly prohibits any unlawful use of its fax services in violation of the Telephone Consumer Protection Act or any other applicable law or regulation. You are solely responsible for ensuring all fax transmissions comply with applicable laws. You represent and warrant that you and your end-users will: (a) only use fax services for lawful purposes; (b) not transmit unlawful, harmful, threatening, abusive, libelous, vulgar, or obscene content; (c) not reproduce or distribute copyright-protected material without authorization; and (d) comply with all applicable data privacy, international communications, and unsolicited fax laws and regulations.
6. Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software
6.1 Copyright; Trademark. The Service, Equipment, firmware, software, and all content, documents, and materials on aurevox.io are protected by trademark, copyright, and other intellectual property laws. All AureVox corporate names, service marks, trademarks, trade names, logos, and domain names (collectively, "Marks") are and shall remain the exclusive property of AureVox. Nothing in this Agreement grants you any right or license to use any AureVox Marks. 6.2 Unauthorized Usage of Device; Firmware or Software. You are granted a limited, non-transferable, revocable license to use any firmware or software provided in connection with the Service strictly in object code form and solely in accordance with this Agreement. You may not reverse compile, disassemble, reverse engineer, or otherwise attempt to derive source code from AureVox firmware or software. Equipment provided or activated by AureVox may only be used in connection with authorized AureVox Services. You may not modify, unlock, flash, or tamper with AureVox-provisioned Equipment or firmware. AureVox will not provide passwords, codes, or assistance to enable use of Equipment for any unauthorized purpose.
7. Equipment Terms
7.1 Customer-Supplied Equipment. For Service-only customers, you are responsible for supplying, operating, and supporting your own Customer Premise Equipment. Customer-supplied equipment must be pre-approved by AureVox in writing. If your self-selected equipment is incompatible with the Service or interferes with service delivery, AureVox is not responsible and you will not be entitled to fee reductions or early termination rights. AureVox reserves the right to prohibit use of any interface device not provided or approved by AureVox. You represent and warrant that you possess all required licenses for any such device and agree to indemnify AureVox against all liability arising from its use. 7.2 Tampering with Device or Service. You shall not change the electronic serial number or equipment identifier of any Device, perform a factory reset, attempt to hack the Service, or use the Service in any manner inconsistent with its intended purpose. AureVox may immediately terminate Service for Cause upon determining that tampering has occurred, and all remaining Term charges become immediately due. 7.3 Theft of Device or Service. You must notify AureVox immediately, in writing or by calling (973) 433-5027, if Equipment is stolen or if you become aware that your Service is being used fraudulently or without authorization. You must provide your account number and a detailed description of the circumstances. Until AureVox receives such notice, you remain liable for all usage charges. Failure to notify AureVox in a timely manner may result in termination of Service and additional charges. 7.4 Return of Purchased Equipment. Customers who purchased Equipment directly from AureVox may return the Device within fourteen (14) days of service termination to receive a credit for any applicable termination fee, minus a restocking fee of $75.00 per Device, provided that: (a) Service was terminated within the first thirty (30) days following activation; (b) the Device is in original condition, reasonable wear and tear excluded; (c) original proof of purchase and all original packaging, parts, accessories, and documentation are included; (d) a valid return authorization number is obtained from ask@aurevox.io prior to return; and (e) you pay all return shipping costs. 7.5 Special Order Items. Certain Devices ordered specifically for you are not returnable. Such Devices are eligible for exchange within thirty (30) days if found to be defective, provided a suitable replacement is available. No refund will be issued unless a suitable replacement cannot be provided. 7.6 Warranty on Purchased Equipment. All Equipment purchased directly through AureVox is covered by the applicable manufacturer's warranty. The warranty covers manufacturing defects, not loss or physical damage. AureVox will cover replacement and shipping costs. Defective Equipment must be received by AureVox's Returns department within seven (7) business days of the return authorization, or you will be charged the full retail replacement price. 7.7 Rented Equipment. AureVox offers Equipment rental to customers on a 36-month Initial Term. Rented Equipment remains under warranty throughout the Term provided invoices are current. The warranty covers defects, not loss or physical damage. Rental terms will appear in your Activation Agreement or a separately executed addendum. (a) Rental Early Termination Fee: If rented Equipment is returned before the end of the then-applicable Term, you will be charged: (i) FULL MSRP per Device returned before half the Term has elapsed; or (ii) HALF MSRP per Device returned after half the Term has elapsed. A restocking fee of $75.00 per Device may also apply. (b) Return of Rented Equipment: You are legally responsible for returning rented Equipment, at your expense, in good working condition within thirty (30) business days of the termination date. Failure to return Equipment within ten (10) days after receiving written notice from AureVox may result in civil and/or criminal action for theft of equipment. Damaged Equipment will be charged at FULL MSRP. 7.8 Risk of Loss. Whether purchased or rented, you bear all risk of loss, theft, casualty, or damage to Equipment from the time it is shipped to you until it is returned to AureVox. Lost, stolen, or damaged Equipment will be charged at FULL MSRP.
8. Service Level Agreement
8.1 Technical Support SLA. AureVox strives to respond to all service requests within four (4) Business Hours, and to all service-impacting requests within two (2) hours. If onsite support is required, a technician will be dispatched within eight (8) Business Hours. "Business Hours" are defined as 8:30 AM to 5:00 PM EST, Monday through Friday. If a support issue is determined to be caused by factors other than AureVox-provided Equipment or Services, onsite support will be billed at applicable professional services rates. After-hours support for non-service-impacting issues may be billed in accordance with AureVox's then-current rate schedule. After-hours support for service-impacting issues caused by AureVox-provided Equipment or Services is covered by your standard subscription unless otherwise stated in your Service Activation Form. 8.2 Platform SLA. AureVox's UCaaS platform targets 99.999% uptime measured monthly. Failure to meet this uptime in any given month will result in a service credit on your next invoice for services directly affected by the outage, as specified in your applicable service agreement. This guarantee excludes: scheduled maintenance (announced in advance and performed after hours); outages caused by internet provider failures, customer or ISP network packet loss, customer-owned equipment failures or incompatibilities, or any other factors outside AureVox's reasonable control.
9. Billing; Billing Disputes; Payments
9.1 Billing; Fees and Charges. When Service is activated, you must provide a valid email address. AureVox will bill all charges, applicable taxes, and surcharges monthly in advance (except usage-based and support charges, which are billed in arrears) to your credit card, debit card, or ACH on file, consistent with your service activation form. Charges may include: activation fees; monthly service fees; international usage charges; advanced feature charges; equipment purchases or rentals; termination fees; and shipping and handling. Published rates may change, but price increases will not take effect on your account until the end of a Term and only if sixty (60) days' prior written notice is provided. 9.2 Taxes. You are responsible for all applicable federal, state, provincial, municipal, or local taxes, fees, and charges arising from your use of or payment for the Service or Equipment. If you are tax-exempt, you must provide AureVox with a valid exemption certificate satisfying applicable legal requirements. Tax exemption applies only from and after the date AureVox receives a valid certificate. 9.3 Billing Disputes. You must notify AureVox in writing within thirty (30) days of the invoice date if you dispute any charges, or you will be deemed to have waived the right to contest such charges. All billing dispute notices must be sent to: AureVox — Billing Department 250 Passaic Ave, Fairfield, NJ 07004 billing@aurevox.io | (973) 433-5027 9.4 Payments. AureVox accepts payment by credit card, debit card, and ACH unless other payment terms have been explicitly agreed to in writing. Your subscription authorizes AureVox to charge your payment method on file. This authorization remains valid until thirty (30) days after AureVox receives written notice of termination, at which point any outstanding termination fees and charges will be collected. AureVox may suspend or terminate Service if any payment is declined, reversed, or if a payment method expires without a valid replacement. 9.5 Late Fee. Invoices not paid within twenty-one (21) days of the payment due date are subject to a late fee of 1.5% of the outstanding balance per month, or the maximum permitted by applicable law, whichever is less. 9.6 Collection. If any amount owed to AureVox is past due and AureVox incurs collection costs, including attorneys' fees, AureVox shall be entitled to recover all such costs from you. 9.7 Suspension of Service. All invoices are NET 15 unless otherwise stated in a written agreement. Accounts overdue by forty-five (45) days or more may be subject to automatic service suspension. AureVox may also suspend Service for material breach of this Agreement that is not cured within a reasonable time after notice. You remain responsible for all monthly fees while Service is suspended due to non-payment.
10. 30-Day Satisfaction Guarantee
AureVox is confident in its Service, but if the Service is not a good fit for your business, you may upgrade, downgrade, or cancel within the first thirty (30) days of the Activation Date by sending written notice to ask@aurevox.io. If you downgrade or cancel within this period, AureVox will refund the applicable activation fee and the first month's service charge. Before canceling, we encourage you to contact our team so we can attempt to resolve your concerns — many issues are related to internet provider outages, network packet loss, or customer-owned equipment incompatibilities that are not unique to AureVox. To cancel under this guarantee, return all Equipment (shipping at your expense) in original, undamaged condition. Federal excise taxes and usage charges, including international calls, directory assistance, and calls to AureVox toll-free numbers, are non-refundable. AureVox reserves the right to modify or revoke this guarantee at any time without prior notice.
11. Miscellaneous Charges
11.1 Toll-Free Payphone Charges. If you use any toll-free feature offered by AureVox, AureVox may recover from you any per-call charges imposed on AureVox in connection with toll-free calls made to your number. 11.2 Directory Assistance (411). AureVox will charge $1.50 per call made to AureVox directory assistance. 11.3 Conference Bridge Charges. Conference bridge service is included at no charge for up to 25 participants. Conferences exceeding 25 participants require prior authorization from AureVox support at ask@aurevox.io. Overage is billed at $0.015 per minute per conference participant, calculated across all on-network and off-network participants. 11.4 FCC Regulatory Fee. A regulatory fee is added to all accounts to comply with applicable Federal and State communications registrations and filings. The current fee is $15.43 per month. This fee may change from year to year but will not increase or decrease by more than 15% in any given year. 11.5 Additional Charges. Your account may also be subject to: number porting fees, number activation fees, international calling charges, E911 service fees, and charges for optional features or add-on services. All applicable charges will be disclosed in your order, proposal, or invoice.
12. Limitation of Liability; Indemnification; Warranties
12.1 Limitation of Liability. AureVox shall not be liable for any delay or failure to provide the Service, including 911 Dialing, caused by: (a) acts or omissions of underlying carriers, vendors, or third parties; (b) equipment, network, or facility failure, upgrade, modification, or shortage; (c) force majeure events including acts of God, strikes, fire, war, terrorism, or government actions; (d) equipment relocation; (e) loss of power to Customer; (f) ISP port blocking or broadband outages; (g) any act or omission by Customer or any user of the Service; or (h) any other cause beyond AureVox's reasonable control. AureVox's aggregate liability under this Agreement shall not exceed the lesser of (a) service charges for the affected time period or (b) total service charges paid by Customer to AureVox in the six (6) months prior to the event giving rise to liability. 12.2 Disclaimer of Consequential Damages. IN NO EVENT WILL AUREVOX, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR EQUIPMENT, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICES THROUGH 911 DIALING, UNLESS CAUSED BY AUREVOX'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. 12.3 No Warranties on Service. AUREVOX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING BY USAGE OF TRADE OR COURSE OF DEALING. AUREVOX DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT OR DATA. AUREVOX AND ITS AGENTS WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO TRANSMISSION FACILITIES OR CUSTOMER DATA UNLESS CAUSED BY AUREVOX'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. 12.4 Device Warranties. (a) Limited Warranty: Devices purchased directly from AureVox are covered by the applicable manufacturer's limited warranty. Remedies for breach of any such warranty are limited to those set forth in the manufacturer's documentation. (b) Disclaimer: OTHER THAN THE MANUFACTURER'S WARRANTY EXPRESSLY PROVIDED WITH A DEVICE PURCHASED FROM AUREVOX, AUREVOX MAKES NO WARRANTIES OF ANY KIND REGARDING ANY DEVICE, FIRMWARE, OR SOFTWARE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 12.5 Indemnification. You agree to defend, indemnify, and hold harmless AureVox and its affiliates, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including attorneys' fees) arising out of or related to: your use of the Services or Equipment; your violation of these Terms or applicable law; your content or data; your misuse of telecom, fax, recording, AI, or integration features; or your failure to comply with emergency services registration requirements.
13. Privacy and Security
AureVox services utilize, in whole or in part, the public Internet and third-party carrier networks to transmit voice and other communications. AureVox is not liable for any lack of privacy experienced in connection with the use of these networks. AureVox employs industry-standard technologies and best efforts to protect the security and integrity of your communications, including Transport Layer Security (TLS) for signaling and, where applicable, Secure Real-Time Transport Protocol (SRTP) for media encryption. For additional information, please review the AureVox Privacy Policy at aurevox.io.
14. Electronic Communications
When you visit aurevox.io, sign up for services, or send email to AureVox, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. You are responsible for maintaining a current and valid email address in your account at all times. AureVox is not responsible for service interruption, suspension, or termination resulting from non-receipt of communications sent to an outdated or invalid email address. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. You may not opt out of essential account communications, including billing notifications, service alerts, balance notices, and renewal notices, as these are necessary for service delivery. You may opt out of optional communications such as newsletters and product announcements by using the unsubscribe link in those messages.
15. Miscellaneous
15.1 Assignment. You may not assign or transfer this Agreement or any rights hereunder without AureVox's prior written consent. AureVox may assign any or all of its rights and obligations under this Agreement without your consent to any affiliate, subsidiary, or third party in connection with a merger, acquisition, consolidation, or sale of all or substantially all of AureVox's assets or equity. Any attempted assignment in violation of this section shall be null and void. 15.2 Notice. Notices to Customer may be sent electronically to the email address on file, by facsimile to the fax number on file, or by first-class mail or overnight delivery to the mailing address on file. Notices to AureVox must be sent to billing@aurevox.io or to AureVox, Attn: Billing Department, 250 Passaic Ave, Fairfield, NJ 07004. Either party may update its contact information by notice pursuant to this provision. 15.3 No Third-Party Beneficiaries. This Agreement does not provide any person or entity not a party to this Agreement with any remedy, claim, liability, or cause of action, and creates no third-party beneficiary rights. 15.4 Governing Law. This Agreement is governed by the laws of the State of New Jersey without regard to its conflict of law provisions. All disputes must be resolved in the courts of Essex County or Bergen County, New Jersey. 15.5 Mandatory Arbitration and No Jury Trial. Any dispute or claim arising out of or relating to the Service or Equipment shall be resolved by binding arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Arbitration will take place in Essex County, New Jersey. The arbitrator's decision shall be final and binding. No arbitrator has authority to award relief in excess of what this Agreement provides or to award punitive or exemplary damages. All claims shall be arbitrated individually — you shall not bring or join any class action in court or arbitration. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN TWO (2) YEARS AFTER IT AROSE OR IT WILL BE FOREVER BARRED. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL. 15.6 No Waiver of Rights. AureVox's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of that right or provision. 15.7 Entire Agreement. This Agreement, together with any applicable order forms, activation agreements, proposals, and service agreements, constitutes the entire agreement between you and AureVox and supersedes all prior agreements, representations, and understandings regarding its subject matter. The only exception is a written addendum executed by both parties that expressly states it modifies these Terms. 15.8 Severability. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions will continue in full force and effect. 15.9 Survival. All obligations that by their nature would continue beyond the termination, cancellation, or expiration of this Agreement — including provisions relating to warranties, limitation of liability, indemnification, and payment obligations — shall survive such termination, cancellation, or expiration.
16. Revisions to Terms of Service
AureVox may revise these Terms of Service at any time, including the policies applicable to your use of the Service. Notice is deemed given when the revised Terms are posted at aurevox.io/terms. Such changes become binding upon your continued use of AureVox services after posting. No further individual notice is required. You agree to review this page periodically to stay informed of any revisions. The Terms as posted supersede all previously agreed electronic and written terms of service, including any terms included with the packaging of any Device.