Phone Clarity Terms of Service
These Terms of Service ("Terms") govern your access to and use of the services provided by Phone Clarity ("we," "us," or "our"). By accessing or using the Services, you agree to these Terms. If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity.
SMS Messaging and Consent
By providing your mobile phone number to a business using Phone Clarity and affirmatively agreeing to receive communications, you consent to receive SMS or MMS messages related to your interaction with that business. These may include service updates, responses to inquiries, appointment coordination, order notifications, and other operational communications you request.
Consent may be obtained through an account-specific web form, an interaction with staff, an automated phone system, or another service interaction in which you request or agree to receive text communications. Consent to receive marketing messages is not a condition of purchase.
- Opt out: Reply STOP to any message. You will no longer receive messages from that sender unless you consent again.
- Help: Reply HELP or contact the business directly. Phone Clarity support is available at support@phoneclarity.com.
- Frequency and rates: Message frequency varies based on your interaction with the business. Message and data rates may apply.
Mobile information collected for SMS communications is handled according to our Privacy Policy.
1. Services
"Services" means the Phone Clarity software, systems, interfaces, and functionality, including SMS and MMS messaging, voice communication, routing, transcription, analysis, and related capabilities.
2. License and Lawful Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Services for lawful business purposes. You are responsible for the communications initiated through your account and for complying with applicable laws, carrier rules, and consent requirements.
3. Communication Services
The Services use carrier networks, SIP connections, internet-based calling, and third-party infrastructure. Communications may be initiated manually or automatically in response to customer interactions, workflows, or service events.
You are responsible for obtaining and maintaining any consent, notice, or permission required before sending messages, placing calls, or recording calls. Phone Clarity provides communication tools; our business customers determine when and to whom communications are sent.
Delivery, routing, timing, and availability are not guaranteed. The Services may not support emergency calling in all circumstances and must not be the sole means of contacting emergency services.
4. Restrictions
You may not:
- Send unlawful, unsolicited, fraudulent, deceptive, or abusive communications.
- Bypass carrier safeguards, filtering, consent, or opt-out mechanisms.
- Use the Services for phishing, harassment, fraud, or impersonation.
- Attempt unauthorized access to accounts, systems, networks, or data.
- Interfere with the operation or security of the Services.
- Resell, sublicense, lease, or distribute the Services without authorization.
5. Accounts and Security
You are responsible for safeguarding account credentials and for activity performed through your account. You must promptly notify us of suspected unauthorized access.
6. Fees and Payment
You agree to pay fees associated with the Services. Fees exclude applicable taxes. We may limit or suspend access for overdue balances.
7. Availability and Maintenance
The Services may be unavailable because of maintenance, updates, carrier disruptions, third-party outages, emergencies, or circumstances beyond our control. We may deploy maintenance or updates without notice when operationally necessary.
8. Data and Third-Party Services
The Services rely on telecommunications carriers, infrastructure providers, and other service partners. Their services may be subject to separate availability, processing, and policy requirements. You retain ownership of content you provide or transmit, subject to the processing required to operate the Services.
9. Intellectual Property
Phone Clarity and its licensors retain all intellectual-property rights in the Services. These Terms do not transfer ownership of the Services, software, designs, or documentation.
10. Confidentiality
Each party will use reasonable care to protect the other party's non-public information and will use it only as necessary to provide or receive the Services, comply with law, or protect the Services and their users.
11. Disclaimer
The Services are provided "as is" and "as available" without warranties of any kind, express or implied, to the maximum extent permitted by law. Use of the Services is at your own risk.
12. Limitation of Liability
To the maximum extent permitted by law, Phone Clarity is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, or business opportunity. This includes damages arising from delayed, filtered, misdirected, failed, or undelivered communications.
13. Indemnification
You agree to indemnify and hold Phone Clarity harmless from claims, damages, fines, and liabilities arising from your unlawful use of the Services, communications sent through your account, failure to obtain required consent, or violation of telecommunications laws or carrier policies.
14. Suspension and Termination
We may refuse, suspend, limit, or terminate Services for legal, carrier, security, fraud, abuse, payment, operational, or risk-related reasons. When access ends, your right to use the Services ends immediately.
15. Changes to These Terms
We may update these Terms. Updated Terms become effective when posted unless a later date is stated. Continued use after the effective date constitutes acceptance of the updated Terms.
16. Governing Law
These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles. If a provision is unenforceable, the remaining provisions remain effective.
Contact
Questions about these Terms may be sent to support@phoneclarity.com.