Terms of Service

1. Agreement to Terms

By signing up for or using our services, you acknowledge that you have read, understood, and agree to this Agreement. If you do not agree, you must not use our services.

Business Use: The Service is offered primarily for business and organizational use. The Customer represents that it is obtaining and using the Service for commercial, professional, governmental, nonprofit, or other organizational purposes and not primarily for personal, family, or household use.

Authority to Accept: Each person accepting this Agreement, signing a Service Order, requesting Service, or administering an account on behalf of a Customer represents that the person has authority to bind that Customer. If the person does not have such authority, the person must not accept the Agreement or order, administer, or use the Service on the Customer’s behalf.

2. Definitions

• Service: The VoIP telecommunications services provided by Vox Rail LLC.
• Device: Any equipment, such as IP phones or computers, that accesses our VoIP services.
• User Account: The account created to access and use the Service.
• Hosted Service: The managed communications services made available by Vox Rail LLC through cloud-hosted infrastructure, including applicable voice, messaging, management, reporting, recording, voicemail, support, and related functionality.
• Service Platform: The software, systems, configuration frameworks, automation, integrations, databases, interfaces, documentation, security controls, and other technology used by Vox Rail LLC to provide and manage the Hosted Service. The Service Platform may include Vox Rail LLC proprietary materials, third-party services, and open-source software.
• Customer Content: Information, recordings, messages, audio, files, contact information, configuration requests, and other content supplied by or processed on behalf of the Customer through the Service. Customer Content does not include the Service Platform or Vox Rail LLC’s software, templates, automation, documentation, system architecture, or general knowledge and experience.
• Third-Party Services: Infrastructure, carrier, telephone-number, emergency-service, messaging, transcription, storage, network, software, and other services supplied by third parties and used in connection with the Service.
• Telephone Number: A telephone number assigned or made available to the Customer for use with the Service. Assignment of a Telephone Number does not transfer ownership of the number and remains subject to applicable law, number-portability rights, carrier requirements, and numbering-administration rules.
• Fee Schedule: Vox Rail LLC’s then-applicable schedule of standard administrative, provisioning, payment, emergency-service, reconnection, and other incidental fees, available at https://voxrail.com/fee-schedule, as modified in accordance with this Agreement. An applicable Service Order may establish different fees for specifically identified services.

3. User Obligations

• Accuracy of Information: Users must provide accurate, current, and complete information when registering and maintain the accuracy of their information with us during the life of the service.
• Business Verification and Authorized Representatives: The Customer must provide accurate, current, and complete business, ownership, registration, tax-identification, contact, and communications-use information when requested for carrier, regulatory, caller-identification, caller-authentication, number, messaging, fraud-prevention, or compliance purposes. The Customer represents that it is authorized to provide this information and that each person identified as an owner, manager, or authorized representative has been appropriately informed and may lawfully be designated for the applicable purpose.
• Verification and Profile Updates: The Customer must promptly notify Vox Rail LLC if its legal business name, registration status, tax-identification information, address, website, authorized representative, communications use case, or other submitted verification information changes. Vox Rail LLC may submit this information to underlying carriers and verification providers and may suspend an affected feature or registration if the information is inaccurate, incomplete, outdated, unverifiable, or rejected.
• Compliance: Users agree to comply with all applicable laws, regulations, and Company policies when using our services.
• Device Requirements: Vox Rail LLC’s services are compatible with a wide range of VoIP devices; however, absolute compatibility with all devices cannot be guaranteed. Users are encouraged to verify device compatibility with Vox Rail LLC if unsure. Vox Rail LLC is not liable for service interruptions or quality issues due to device incompatibility or unsupported equipment.
• Account Security: Users are responsible for maintaining the confidentiality of their account login details and are liable for any activity conducted under their account. If a compromise is suspected or identified, it is the user’s responsibility to promptly change their passwords and notify Vox Rail LLC of any unauthorized access.
• Authorized Users and Access: The Customer is responsible for identifying the individuals authorized to access or modify its account and for promptly removing access when an individual is no longer authorized. Vox Rail LLC may reasonably rely on instructions and requests submitted through the Customer’s authenticated account, designated email address, support account, or approved security-verification process unless Vox Rail LLC has received notice that the applicable account or credential may have been compromised.
• Unauthorized Use and Toll Fraud: The Customer is responsible for maintaining the security of its telephones, softphones, computers, mobile devices, voicemail boxes, passwords, personal identification numbers, SIP credentials, email accounts, support accounts, local network, firewall, internet connection, and all other systems used to access the Service. The Customer must use reasonable security practices, including strong and unique credentials, timely removal of former users, installation of applicable security updates, and protection against unauthorized physical or remote access.
  • Except to the extent directly caused by Vox Rail LLC’s gross negligence or willful misconduct, and subject to applicable law, the Customer is responsible for all usage and charges originating through or attributable to the Customer’s account, credentials, devices, extensions, telephone numbers, or network, whether or not the Customer authorized the particular use. This includes domestic, international, toll-free, premium-rate, emergency, messaging, carrier, regulatory, and other usage-based or pass-through charges.
  • The Customer must notify Vox Rail LLC immediately upon discovering or reasonably suspecting unauthorized access, compromised credentials, toll fraud, device theft, account misuse, or any other security incident affecting the Service. The Customer remains responsible for applicable usage occurring before Vox Rail LLC receives notice and has had a reasonable opportunity to investigate and restrict the affected Service.
  • Vox Rail LLC may temporarily block destinations, restrict features, reset credentials, disable devices, or suspend some or all of the Service when Vox Rail LLC reasonably suspects fraud, unlawful activity, account compromise, abnormal usage, or a threat to the Service, the Customer, Vox Rail LLC, an underlying carrier, or another person. Where immediate action is reasonably necessary, Vox Rail LLC may take these measures without advance notice and will notify the Customer when reasonably practicable.
  • Any fraud detection, calling restriction, spending threshold, alert, or other protective feature is provided as a risk-reduction measure and does not guarantee that unauthorized activity will be detected or prevented. The Customer remains responsible for monitoring its account and promptly reviewing invoices, call records, and security notices.

4. Service Limitations and Requirements

• Internet Access: Users must have a reliable internet connection for the Service to function properly. Vox Rail LLC is not responsible for the quality or availability of third-party internet services.
• ISP Restrictions: Users acknowledge that some internet service providers (ISPs), particularly those offering their own VoIP services, may have network settings or configurations in place that could disrupt or inhibit the functionality of Vox Rail LLC’s VoIP services. In such cases, it is the user’s responsibility to contact their ISP to adjust or lift these settings to allow third-party VoIP services to operate. Vox Rail LLC cannot modify or manage ISP-imposed settings on user equipment. Vox Rail LLC cannot contact the ISP or make requests on behalf of the user to remove restrictions or alter network settings, if they exist.
• Local Network: Users acknowledge that other devices sharing the same internet connection may consume bandwidth and affect VoIP call quality. To ensure optimal performance, users are advised to implement Quality of Service (QoS) and prioritization policies that give VoIP traffic priority access on their network. Users should consult with their IT provider to manage network infrastructure appropriately, as Vox Rail LLC does not monitor or control client network settings.
• Power, Internet, and Critical-System Limitations: The Service depends on continuously available electrical power, compatible equipment, a functioning local network, and a reliable broadband internet connection. The Service, including 911 calling, may be unavailable during a power outage, internet outage, local-network failure, equipment failure, service suspension, or other disruption. Battery backup equipment may reduce the risk of interruption but does not guarantee continued operation. The Service is not designed or warranted for use as the sole communications connection for fire alarms, security systems, medical monitoring equipment, elevators, emergency call boxes, fax machines, credit-card terminals, modem-based equipment, or other life-safety or mission-critical systems. The Customer is responsible for determining whether the Service is suitable for any connected system and for maintaining an appropriate alternative communications method, backup power, and backup internet connectivity.
• Emergency Calling and E911: The Service supports emergency calling subject to the technical and operational differences associated with interconnected Voice over Internet Protocol service. VoIP emergency calling may operate differently from emergency calling provided through a traditional landline or cellular telephone. The Customer must ensure that all users of the Service understand these differences and have access to an alternative means of contacting emergency services.
• Registered and Dispatchable Location: Before a telephone number, extension, device, softphone, or other endpoint is used to place a 911 call, the Customer must provide Vox Rail LLC with an accurate physical location for that service, including all information reasonably necessary for emergency responders to locate the caller, such as the street address, building, suite, floor, room, or similar identifying information. A post-office box or billing address that does not identify the caller’s physical location is not sufficient. The Customer must promptly update the registered location whenever a device or service is added, relocated, reassigned, or used from a different physical location. Location changes may require processing time before they become available to emergency-service databases. Until a location update has been confirmed, a 911 call may be routed or displayed using the previously registered location.
• Remote and Non-Fixed Use: Phones, softphones, mobile applications, computers, and other devices capable of being used from multiple locations may not automatically provide the caller’s current physical location. If the Service is used from a location other than the registered location, emergency responders may be sent to the wrong address or the call may be routed to an emergency call center that does not serve the caller’s actual location. Users should use a local cellular or landline telephone to call 911 whenever the Service does not have an accurate registered location. If a user places a 911 call through the Service from an unregistered or incorrectly registered location, the user must clearly provide the emergency operator with the caller’s current physical location and callback number and must not disconnect the call until instructed to do so.
• Service Disruptions: Emergency calling may fail or be delayed because of power loss, internet or local-network failure, equipment malfunction, service configuration changes, an unavailable or suspended account, congestion, incorrect location information, delays in updating emergency-service databases, failures involving an underlying carrier or emergency-service provider, or other circumstances outside Vox Rail LLC’s reasonable control.
• Customer Notification Responsibilities: The Customer must inform every employee, contractor, guest, remote worker, and other person who may use the Service of the emergency-calling limitations described in this Agreement. The Customer must ensure that any emergency-calling warning labels or notices supplied by Vox Rail LLC remain conspicuously displayed on or near applicable equipment and are not removed or obscured.
• Emergency-Call Charges: Vox Rail LLC may pass through emergency-call handling charges imposed by an underlying carrier or emergency-service provider, including charges resulting from missing, inaccurate, or unregistered location information, if disclosed in the applicable Fee Schedule. No person should delay or refrain from contacting 911 because of a potential charge.
• Acknowledgment: The Customer acknowledges that it has received and understands these emergency-calling disclosures. The Customer agrees to complete any separate E911 acknowledgment or location-registration process required by Vox Rail LLC and to maintain accurate emergency-location information throughout the term of the Service. Nothing in this Agreement limits any non-waivable emergency-service obligation imposed on Vox Rail LLC by applicable law.
• Service Uptime and Maintenance: Vox Rail LLC strives to maintain 99.99% availability for its cloud-hosted VoIP services. These services operate on third-party cloud infrastructure, currently provided by Akamai Cloud (formerly Linode). Service may occasionally be interrupted by planned or emergency maintenance, infrastructure or network outages, acts or omissions of third-party service providers, or other circumstances beyond Vox Rail LLC’s reasonable control. Whenever reasonably practicable, planned maintenance will be scheduled to minimize disruption. Unless expressly stated in a separate written Service Level Agreement, the 99.99% availability figure is a service objective and not a guarantee or warranty.
  • Planned Maintenance: Vox Rail LLC will notify clients in advance of any planned maintenance, either performed by us or by any upstream provider. Any planned maintenance to be performed by us will typically occur outside of standard business hours to minimize impact.
  • External Factors: Users acknowledge that certain disruptions may occur due to factors outside Vox Rail LLC’s direct control, such as outages from upstream service providers, mobile carriers, or ISP backbone issues. These issues, while infrequent, may impact call connectivity, quality, or access to certain services, including calls to or from cell phones or geographic regions affected by network disruptions.
  • While Vox Rail LLC takes all reasonable steps to ensure high availability and minimal downtime, clients should be aware that rare disruptions can occur due to these external factors. Vox Rail LLC is not liable for service interruptions caused by third-party outages, acts of nature, or any factors beyond our direct control. Vox Rail LLC is not liable for any failure in E911 services due to power or internet outages, incorrect user-provided address information, or factors outside of our direct control.
• Device Support and End-of-Life (EOL) Policy: Vox Rail LLC supports a wide range of VoIP devices. However, over time, certain devices may reach their manufacturer-designated End-of-Life (EOL) or be sunset due to lack of updates. Once a device is EOL:
  1. The manufacturer may cease to provide firmware updates or security patches, which may lead to compatibility issues or security vulnerabilities.
  2. Outdated devices may no longer meet the security standards required for our Service, including support for updated encryption protocols and Certificate Authorities (CAs).
  • Impact on Service: Devices that do not receive necessary updates to comply with security and authentication standards (e.g., updated certificates) may fail to register with our Service or function reliably. Vox Rail LLC is not liable for disruptions caused by the use of unsupported or outdated devices.
  • User Responsibility: Users are responsible for ensuring their devices are up-to-date and compatible with our Service requirements. It is the User's obligation to replace any outdated devices with modern equipment capable of adhering to the security standards of our Service.

5. Hosted Service and Intellectual Property

Vox Rail LLC provides the Hosted Service as a managed communications service operating on cloud infrastructure owned or controlled by third-party infrastructure providers. The Customer purchases access to the Hosted Service and does not purchase the underlying infrastructure, Service Platform, software, system image, automation, or server environment.

• Limited Right to Use: Subject to the Customer’s compliance with this Agreement and payment of all applicable charges, Vox Rail LLC grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Hosted Service for the Customer’s internal business purposes during the applicable service term.
• Vox Rail LLC Materials: Vox Rail LLC and its licensors retain all rights in the Service Platform and in Vox Rail LLC’s proprietary software, automation, configuration systems, interfaces, documentation, templates, designs, methods, processes, and other technology. Except for the limited right to use the Hosted Service, no ownership interest or intellectual-property right is transferred to the Customer.
• Customer Content: The Customer retains its rights in Customer Content. The Customer represents that it has all rights and permissions necessary to provide Customer Content to Vox Rail LLC and to authorize its processing as described in this Agreement.
• Infrastructure and Administrative Access: The Customer will not receive root, operating-system, database, infrastructure-provider, carrier-portal, or other backend administrative access to the Hosted Service unless expressly stated in a separate written agreement. Vox Rail LLC is not required to provide server images, source code, internal credentials, proprietary automation, infrastructure-provider accounts, carrier accounts, or internal system configurations when the Service ends.
• Third-Party and Open-Source Components: The Service Platform may use third-party services and open-source software. Third-party services remain subject to the rights and requirements of their respective providers. Open-source components remain subject to their applicable open-source licenses. Nothing in this Agreement transfers ownership of third-party or open-source components to either party or limits rights that cannot lawfully be restricted under an applicable license.
• No Resale or Unauthorized Access: The Customer may not resell, sublicense, commercially distribute, reverse engineer, interfere with, circumvent, or provide unauthorized third-party access to the Hosted Service or Service Platform without Vox Rail LLC’s prior written authorization. The Customer may permit its employees, contractors, and other authorized users to use the Service for the Customer’s internal business operations, provided that the Customer remains responsible for their use.
• Telephone Numbers: Telephone numbers are assigned to the Customer for use with the Service and are not sold to or owned by the Customer. Vox Rail LLC may obtain numbers through underlying carriers and numbering providers. Number availability, activation, routing, portability, caller-name display, reputation, and continued assignment may depend on third parties and applicable law. Nothing in this provision limits a Customer’s lawful number-portability rights.
• Service Data and Exports: Upon reasonable request and subject to applicable law, technical availability, security requirements, and payment of applicable charges, Vox Rail LLC may provide available Customer Content or service records in a format selected by Vox Rail LLC. Vox Rail LLC is not required to disclose proprietary systems, internal security information, source code, or third-party credentials as part of any export.

6. Fair Usage Policy

To maintain the quality and affordability of our services, Vox Rail LLC enforces the following Fair Usage Policy:

1. Monthly Minute Allowance: Our Service is designed for reasonable, typical business usage. Each user account is allocated a pooled monthly allowance of minutes across all active extensions, collectively. The expected usage per user generally ranges between 1,500–2,000 minutes per month.
2. Excessive Usage: If a client’s total usage exceeds the pooled allowance of minutes for their account by a significant margin for three consecutive months, we reserve the right to review the client's account. This may result in a price adjustment to accommodate the higher usage rate.
3. Notification and Review: Users who consistently exceed the fair usage threshold will receive advance notification, along with an explanation of any adjustments to their pricing if necessary. We aim to work with clients to manage and, if possible, mitigate excessive usage.
4. Prohibited Uses: Users may not engage in practices such as telemarketing, robocalling, or other high-volume automated calling. These activities are strictly prohibited and may result in immediate suspension or termination of the Service. The following uses of the service are strictly prohibited:
   • Engaging in fraud, identity theft, or other unlawful activities.
   • Sending unsolicited or unauthorized advertising (e.g., spam, robocalls).
   • Harassing, abusing, or intimidating others via the Service.
   • Attempting to compromise or bypass the security of the Service or related systems.
   • Using the Service in ways that could harm its performance, including excessive network traffic or unauthorized bulk calling.
   • Violations of this policy may result in immediate service suspension or termination.

7. International Dialing

• Availability: International dialing is available on an as-needed basis and must be requested in advance. Clients must notify the Company of the need for international dialing and specify the countries they wish to dial to/from. Approval will be required before enabling international dialing.
• Additional Charges: International dialing incurs additional charges that may vary monthly due to fluctuating exchange rates and international fees. These charges are billed at the end of each month and are final and non-negotiable.
• Restrictions and Security: To help prevent unexpected high bills, clients are encouraged to implement any combination of the following restriction methods:
  • Device Restrictions: Limiting international dialing to specific devices.
  • Passcode Access: Requiring a passcode for international dialing access.
  • Time-Based Restrictions: Limiting international dialing availability to specific hours, if desired.
• Billing and Non-Negotiable Terms: All charges related to international dialing are billed as final. Due to the nature of these services, charges are non-refundable and non-negotiable. The Company reserves the right to suspend or adjust international dialing access if excessive or fraudulent usage is detected.

8. Fees and Payments

• Fees: Users agree to pay the monthly fees and other applicable charges for the Service as outlined in their plan. Charges may vary based on call volume, international calling, or other factors.
• Billing and Payment Terms: Unless otherwise stated in an applicable Service Order, recurring service invoices are issued monthly on the Customer’s established billing date and are due fourteen calendar days after the invoice date. The Customer’s initial billing date will ordinarily be established when Vox Rail LLC begins provisioning the Customer’s hosted service environment or on another date identified in the applicable Service Order or initial recurring invoice. The recurring billing date may not correspond to the date on which telephone-number porting, endpoint installation, or every requested feature is completed.
  • Payment Processing: Vox Rail LLC uses Square or another designated third-party payment processor to issue invoices and accept electronic payments. Accepted payment methods may include credit card, debit card, and Automated Clearing House transfer. Available payment methods are subject to the payment processor’s requirements and may change upon notice to the Customer.
    The Customer authorizes Vox Rail LLC and its designated payment processor to process payments submitted by the Customer and to store payment credentials when the Customer affirmatively elects to save a payment method. Payment credentials stored through Square are maintained and processed by Square and its applicable service providers under their own terms and privacy practices.
  • Automatic Payments: A Customer may elect to authorize automatic payment of recurring invoices using an eligible saved credit card, debit card, or bank account. Unless a different date is disclosed, an authorized automatic payment will ordinarily be attempted on the invoice due date. Authorization for automatic payment remains effective until withdrawn by the Customer or otherwise terminated, subject to the applicable payment processor’s procedures.
    Removing a saved payment method, revoking automatic-payment authorization, replacing a card or bank account, or experiencing a failed automatic payment does not cancel the Service, change the invoice due date, or eliminate the Customer’s payment obligations. The Customer remains responsible for maintaining a valid payment method, sufficient available funds, and accurate billing and contact information.
  • Payment Completion: A card payment is considered received when the payment processor reports that the transaction has been successfully completed. An ACH payment initiated on or before the due date will be treated as timely if it ultimately settles successfully. If an ACH payment is returned, rejected, reversed, disputed, or otherwise fails to settle, the invoice will be treated as unpaid as of its original due date.
  • Failed, Reversed, or Disputed Payments: Vox Rail LLC is not responsible for a payment failure caused by insufficient funds, an expired or replaced card, an incorrect bank account, a card issuer or financial institution, a payment-processor restriction, revoked authorization, or inaccurate Customer information. The Customer must promptly provide another valid payment method when a payment fails.
    A chargeback, ACH return, payment reversal, or payment dispute does not by itself resolve or eliminate the underlying invoice. If a payment is reversed, the applicable balance becomes immediately due unless Vox Rail LLC determines that the underlying charge was erroneous. The Customer should contact Vox Rail LLC promptly to address a disputed invoice before initiating a payment reversal when reasonably practicable.
  • Payment Reminders: Vox Rail LLC or its designated payment processor may send invoices, receipts, failed-payment notices, and payment reminders to the Customer’s designated email address or other approved contact method. These communications are provided as a convenience. The Customer is responsible for monitoring its invoices and paying all amounts when due regardless of whether a reminder or failed-payment notice is sent, received, opened, or delivered.
• Service Orders and Agreement Documents: The services purchased by the Customer may be described in a quote, proposal, service order, statement of work, equipment order, or other written ordering document accepted by Vox Rail LLC, collectively referred to as a “Service Order.” This Agreement, each applicable Service Order, the Fee Schedule, and any signed addendum constitute the agreement between Vox Rail LLC and the Customer.
  If an express conflict exists, a mutually signed addendum controls over a Service Order, a Service Order controls over this Agreement with respect to the specific services identified in that Service Order, and this Agreement controls over a generally published policy. A document controls only to the extent of the specific conflict.
• Service Term and Renewal: The applicable service term will be stated in the Service Order. If no fixed term is stated, the Service is provided on a month-to-month basis and renews automatically for successive monthly periods until canceled in accordance with Section 13. Cancellation does not eliminate charges incurred before the effective cancellation date or remaining equipment-payment obligations.
• Invoice Review and Disputes: The Customer must review invoices promptly and notify Vox Rail LLC in writing of a disputed charge within fifteen days after the invoice date. The notice must identify the charge and explain the basis of the dispute. Undisputed portions remain payable when due. Failure to dispute a charge within this period does not waive rights that cannot lawfully be waived, but may limit Vox Rail LLC’s ability to investigate carrier or usage records.
• Taxes and Regulatory Charges: In addition to service fees, the Customer is responsible for applicable sales, use, excise, telecommunications, emergency-service, universal-service, regulatory, recovery, carrier, and similar taxes, fees, assessments, and surcharges. These amounts may change during a service term when imposed or changed by a government, carrier, or other provider and may be passed through to the Customer without being treated as a change to the underlying service rate.
• Past Due Accounts: An invoice becomes past due when full payment has not been successfully completed or timely initiated by the due date shown on the invoice. An ACH payment timely initiated by the Customer will not be considered past due while it is processing, provided that the payment ultimately settles successfully. If the payment is subsequently returned, rejected, reversed, or disputed, the invoice will be treated as unpaid as of its original due date.
  • Vox Rail LLC or its designated payment processor may send a courtesy reminder approximately five calendar days after an account becomes past due. Beginning ten calendar days after the due date, Vox Rail LLC may assess an applicable late fee and send written notice that the Service is subject to suspension. Automated and courtesy reminders are provided as a convenience. Failure to send or receive such a reminder does not extend the due date or waive Vox Rail LLC’s rights. Vox Rail LLC will, however, send at least one written delinquency or suspension notice to the Customer’s designated email address before suspending Service solely for nonpayment.
  • If an undisputed balance remains unpaid fifteen calendar days after the due date, Vox Rail LLC may suspend some or all Services. During suspension, inbound calling, outbound calling, messaging, voicemail, portal access, emergency calling, and other features may be unavailable. The Customer must maintain another means of contacting emergency services and must notify its users that suspended Service must not be relied upon for 911 calling.
  • If an undisputed balance remains unpaid thirty calendar days after the due date, Vox Rail LLC may terminate the affected Services, accelerate any remaining equipment-payment obligations, refer the account for collection, and recover reasonable collection costs to the extent permitted by law. Termination does not eliminate the Customer’s obligation to pay outstanding charges and does not permit Vox Rail LLC to refuse an otherwise valid number-portability request solely because money is owed.
  • Enrollment in automatic payment does not guarantee that an invoice will be paid. A declined, expired, returned, reversed, blocked, or otherwise unsuccessful automatic payment remains the Customer’s responsibility. The Customer must promptly update the saved payment method or manually complete payment after receiving notice of a failed transaction. Vox Rail LLC is not required to make repeated attempts against a failed payment method.
  • Monthly recurring charges and other applicable fees may continue during a suspension until the Customer properly cancels the Service or Vox Rail LLC terminates it. Restoration may require successful payment of all past-due amounts, payment of an applicable reconnection fee, and confirmation that the condition causing suspension has been resolved. Restoration is subject to technical and carrier availability, and Vox Rail LLC cannot guarantee recovery of a telephone number that has already been disconnected or released.
  • Returned, rejected, reversed, or dishonored payments may be subject to a reasonable returned-payment fee identified in the Fee Schedule. Vox Rail LLC may require cleared funds or a different payment method before restoring Service.

9. Privacy and Data Protection

• Data Collection: We collect and process certain personal data as part of our Service delivery, as detailed in our Privacy Policy.
• Confidentiality and Security: Vox Rail LLC uses reasonable administrative, technical, and physical safeguards designed to protect its systems and Customer information. Vox Rail LLC normally protects SIP signaling between supported endpoints and the Vox Rail LLC-hosted platform using Transport Layer Security (TLS) and protects compatible media transmissions using Secure Real-time Transport Protocol (SRTP). When a Customer requires calling features that are incompatible with SRTP in Vox Rail LLC’s implementation, such as certain supervisor monitoring, listening, whisper, or barge functions, Vox Rail LLC may instead protect traffic between supported endpoints and the hosted platform through a managed OpenVPN connection or another encrypted network tunnel. The Customer acknowledges that enabling these functions requires Vox Rail LLC’s platform to process the applicable audio in an unencrypted form within the controlled server environment. Vox Rail LLC also uses TLS and SRTP when connecting its hosted platform to supported SIP carrier infrastructure where those technologies are available and properly provisioned. These protections apply to the applicable IP connection between the Vox Rail LLC platform and the carrier’s SIP service edge. Vox Rail LLC does not control and cannot guarantee encryption after a communication enters an underlying carrier’s internal network, the public switched telephone network, a mobile carrier, an emergency-service network, or another third-party network. Media and signaling may be decrypted or processed within the Vox Rail LLC platform as reasonably necessary to route calls and provide features such as voicemail, conferencing, call queues, recording, transcription, and authorized call monitoring. No communications system can be guaranteed to be entirely secure or immune from interception, unauthorized access, equipment compromise, software vulnerabilities, or failures involving third parties. The Customer is responsible for using supported equipment, maintaining the security of its local network, and following Vox Rail LLC’s security and configuration requirements.
• Lawful Requests: We may disclose information as required by law, including in response to lawful government requests or to protect the rights, property, and safety of our users.
• Communications Content: Depending on the Customer’s selected services and configuration, Vox Rail LLC may process or store call recordings, voicemail messages, voicemail attachments, transcription results, text messages, audio prompts, contact information, call-detail records, and other communications or content associated with the Customer’s use of the Service. As between Vox Rail LLC and the Customer, the Customer retains its rights in content supplied by or generated for the Customer, subject to Vox Rail LLC’s rights in its Service, software, templates, systems, and technology.
  The Customer grants Vox Rail LLC and its authorized service providers a limited right to host, copy, transmit, route, process, format, back up, restore, analyze, and otherwise use Customer content solely as reasonably necessary to provide, secure, maintain, support, and improve the Service; comply with the Customer’s instructions; enforce this Agreement; and satisfy applicable legal obligations.
• Call Recording and Monitoring: The Service may include call recording and supervisor-monitoring features, including listening, whispering, barging, or similar functionality. The Customer is solely responsible for determining whether and how these features may lawfully be used and for providing all notices, announcements, policies, and disclosures and obtaining all consents required by the laws applicable to every call participant. The Customer must not assume that the law of the Customer’s primary business location applies to every call.
  The Customer represents that it will enable and use recording or monitoring features only for lawful purposes and with legally sufficient notice and consent. Vox Rail LLC does not determine whether a particular recording, monitoring session, or use of recorded content is lawful and is not responsible for the Customer’s failure to obtain required consent.
• Voicemail and Transcription: Automated voicemail and call transcription may contain errors, omissions, misidentified speakers, or inaccurate wording. Transcriptions are provided for convenience and must not be treated as an authoritative record or relied upon for emergency, medical, legal, financial, safety-critical, or other high-risk decisions. The original audio, when available, should be reviewed before acting on a transcription.
• Retention and Availability: Recordings, voicemail, messages, and transcriptions are subject to the Customer’s selected retention settings, available storage, system limitations, and Vox Rail LLC’s applicable retention policies. The Customer is responsible for downloading or separately preserving any content it is legally or operationally required to retain. Vox Rail LLC does not guarantee that communications content will be retained indefinitely, recoverable after deletion, or available after termination of the Service.
• Sensitive and Regulated Information: Unless Vox Rail LLC expressly agrees otherwise in a separate written agreement, the Service is not represented as satisfying specialized storage or processing requirements applicable to payment-card information, protected health information, government-classified information, or other specially regulated data. The Customer is responsible for preventing prohibited or unnecessary sensitive information from being recorded, transcribed, or transmitted through the Service.

10. Service Modifications

• Service Changes: We reserve the right to modify, suspend, or discontinue the Service or any part of it at our discretion, with notice to users where possible.

11. Limitations of Liability

• No Warranty: The Service is provided "as-is," without warranty of any kind, whether expressed or implied.
• Liability Limitation: The Company is not liable for indirect, incidental, consequential, or punitive damages, including lost profits or data loss, arising from Service use or unavailability.
• Limitation of Liability Scope: To the fullest extent permitted by law, Vox Rail LLC’s total aggregate liability arising out of or relating to the Service or this Agreement will not exceed the fees paid by the Customer for the Service during the ninety (90) days immediately preceding the event giving rise to the claim.
• Force Majeure: We are not responsible for delays or service interruptions caused by circumstances beyond our control, including natural disasters, outages from other upstream carriers, or governmental actions.
  • Vox Rail LLC is not liable for delays or service interruptions caused by events beyond its reasonable control, including:
    • Natural disasters (e.g., earthquakes, floods, hurricanes).
    • Acts of terrorism, war, or civil unrest.
    • Cyberattacks or other security breaches beyond Vox Rail LLC’s control.
    • Government actions, changes in law, or regulatory mandates.
    • Failures of internet or telecommunications networks, including third-party outages.
• In such events, Vox Rail LLC will make reasonable efforts to restore Service as soon as possible.

12. Termination and Suspension

• Termination by Customer: The Customer may terminate the Service in accordance with Section 13 and any applicable Service Order. Termination becomes effective on the applicable cancellation date and does not eliminate charges, equipment balances, or other obligations incurred before that date.
• Suspension for Nonpayment: Vox Rail LLC may suspend or terminate Service for nonpayment according to the timelines and procedures stated in Section 8, subject to applicable law. Enrollment in automatic payment, storage of a payment method, initiation of an unsuccessful payment, or failure of a bank, card issuer, or payment processor to complete a transaction does not extend the invoice due date or prevent suspension. If the Customer made a timely good-faith payment attempt that failed because of a confirmed payment-processing outage or error outside the Customer’s control, the Customer must promptly notify Vox Rail LLC and complete payment through an available method. Vox Rail LLC may provide a reasonable opportunity to correct the payment before suspension when circumstances warrant.
• Immediate Protective Suspension: Vox Rail LLC may immediately restrict or suspend some or all of the Service when it reasonably determines that immediate action is necessary to address suspected fraud, unlawful calling or messaging, compromised credentials, abnormal usage, a cybersecurity threat, a threat to another customer or provider, interference with the Service, inaccurate emergency-location information, a government or carrier directive, or a material violation of this Agreement. Advance notice is not required when delay could increase risk, liability, expense, or harm. Vox Rail LLC will notify the Customer when reasonably practicable.
• Termination for Cause: Vox Rail LLC may terminate the Service for a material violation of this Agreement, unlawful or abusive use, repeated security violations, material misrepresentation, nonpayment, or conduct that causes or is reasonably likely to cause harm to Vox Rail LLC, its providers, its customers, or another person. Vox Rail LLC may provide an opportunity to cure when the violation is reasonably capable of correction, but is not required to do so for fraud, unlawful activity, repeated violations, intentional misconduct, or an urgent security or operational risk.
• Effect of Suspension: During suspension, affected features may be unavailable, including inbound and outbound calling, 911 calling, messaging, voicemail, applications, administrative access, and number routing. The Customer is responsible for notifying its users and maintaining alternative communications and emergency-calling methods. Suspension does not waive accrued charges or automatically cancel recurring Service.
• Effect of Termination: Upon termination, the Customer’s right to use the Service ends, all unpaid amounts become due, and Vox Rail LLC may disable access to the Service and delete Customer Content according to its applicable retention policies. Telephone numbers may be disconnected or released through underlying carriers, subject to applicable law and any valid port request submitted before release.
• Cooperation and Restoration: The Customer agrees to cooperate with reasonable investigations and corrective actions related to a suspension. Vox Rail LLC may condition restoration on payment of past-due amounts, correction of the underlying violation or security condition, updated credentials or equipment, payment of applicable reconnection charges, and confirmation that restoration will not create unreasonable risk.

13. Cancellation

• Cancellation Notice Requirement: To cancel services, clients must submit a written cancellation request at least 30 days prior to the intended date of cancellation. Written requests can be sent to cancellations@voxrail.com.
• Telephone Number Porting: Customers wishing to retain their telephone numbers should initiate a valid port request through their new provider before requesting disconnection of the affected Service. Vox Rail LLC will reasonably cooperate with valid number-portability requests in accordance with applicable law and the procedures of its underlying carriers. Customers remain responsible for all outstanding charges, but Vox Rail LLC will not refuse an otherwise valid port request solely because an account has an unpaid balance. Customers should not cancel an affected telephone number before the port is complete. Once a number has been disconnected or released to an underlying carrier, Vox Rail LLC cannot guarantee that the number can be recovered or made available for porting. Porting completion dates are estimates and may be affected by inaccurate customer information, rejected requests, carrier processing times, regulatory requirements, or circumstances outside Vox Rail LLC’s control.
• Account Standing and Final Billing: Clients are responsible for any charges and fees accrued up to the cancellation date. The final bill will be issued after cancellation, and any outstanding balance must be settled promptly.
• Effect of Cancellation: Upon the effective date of cancellation, the Customer’s right to use the Service ends and access to account settings, recordings, voicemail messages, transcriptions, messages, reports, and other Customer Content may be disabled. Customer Content may subsequently be deleted according to the Customer’s configured retention settings, available storage, the applicable Service Order, Vox Rail LLC’s retention policies, and applicable law. The Customer is responsible for downloading or separately preserving any information it is legally or operationally required to retain before cancellation becomes effective.
• Data Retention: Call-detail records are generally retained throughout the active Customer relationship and for up to three (3) years following termination of the applicable account. Other Customer information and Customer Content will be retained or deleted as described in Vox Rail LLC’s Privacy Policy, the applicable Service Order, configured retention settings, and applicable law. Certain records may be retained longer when reasonably necessary to comply with law or legal process, document authorization, maintain regulatory or carrier registrations, prevent fraud, resolve a dispute, collect amounts owed, or protect Vox Rail LLC’s legal rights.
• Cancellation Due to Device Incompatibility: If a User's devices are no longer compatible with the Service due to lack of updates or security compliance, and the User chooses not to upgrade to compliant devices, the User may cancel the Service under standard cancellation terms. Vox Rail LLC is not liable for any losses arising from the User's decision not to replace outdated equipment.

14. Device Purchase Terms

Vox Rail LLC offers the option to purchase VoIP phones directly, with both up-front and installment plan options. The following terms apply to all device purchases:

• Up-Front and Installment Plan Purchases: Clients may purchase devices outright with a one-time payment or create an installment plan over a 12-month term. Installment plans are combined with the monthly service costs on the monthly invoice, but installment payments are separate from any service contract obligations. All installment plans must be paid in full according to the agreed payment schedule, regardless of service status.
• Installment Plan Discretion: Vox Rail LLC offers installment plan options for device purchases at its sole discretion and as an extension of good faith to support clients. Vox Rail LLC reserves the right to limit or withdraw these installment plan options based on account standing. Abuse of account status, including consistent late payments or non-payment, may reduce or eliminate eligibility for future device installment plans. Vox Rail LLC reserves the right to review installment plan eligibility periodically and may adjust eligibility criteria based on account standing and payment history. Vox Rail LLC reserves the right to deny service or sales to customers with poor payment history or unpaid balances.
• Ownership: Devices purchased through Vox Rail LLC, whether purchased with an installment plan or paid up-front, are the property of the Client and are not leased under any circumstances. If a client cancels service with Vox Rail LLC, they retain ownership of the device and are not required to return it.
• Warranty: All devices sold directly by Vox Rail LLC are new and unused at the time of purchase and are covered under a 12-month warranty starting from the purchase date. This warranty covers manufacturer defects only:
  • If a manufacturer defect is identified within the warranty period, Vox Rail LLC will replace or repair the device as necessary. The manufacturer’s warranty does not cover the following:
    • Intentional damage
    • Accidental damage
    • Physical damage (either accidental or intentional)
    • Water/liquid damage
    • Missing parts
  • After the 12-month warranty period, Vox Rail LLC is not responsible for any repair or replacement of the device.
• No-Warranty Devices: Devices purchased from sources other than Vox Rail LLC may be repurposed for use with Vox Rail LLC services, provided that the device owner grants express permission for their use. However, Vox Rail LLC does not provide, extend, or honor any warranty for devices purchased from outside sources. Any required warranty work or repairs for these devices must be arranged and completed solely by the client or device owner at their own expense.
• Device Payments Upon Cancellation: If a Client cancels service before the device payment term for (a) device(s) is complete, the full remaining balance for the device(s) becomes due on the final bill. The remaining balance will not be prorated or extended and must be paid in full upon cancellation with the final bill. Unpaid balances remaining after 30 days may be subject to collection efforts.

15. Device Lifecycle and Security Standards

To maintain the security and functionality of our Service, Vox Rail LLC enforces strict adherence to modern security standards for all connected devices. Users acknowledge and agree to the following:

• Manufacturer Support: Devices used with our Service must be supported by their manufacturer and capable of receiving firmware updates. Devices designated as End-of-Life (EOL) or sunset by the manufacturer may no longer function with our Service. Manufacturers determine EOL dates and update availability on their products, not Vox Rail LLC.
• Encryption and Certificate Updates: Vox Rail LLC utilizes encryption protocols and Certificate Authorities (CAs) for secure communication. Periodically, CAs may require updates to maintain security standards. Devices incapable of supporting updated CAs or encryption protocols may fail verification processes, resulting in registration failure or degraded functionality.
• Replacement of Outdated Devices: Users are responsible for replacing any outdated or unsupported devices with modern, compliant equipment. Vox Rail LLC is not liable for service disruptions or security vulnerabilities caused by the use of non-compliant devices.
• Guidance on Supported Devices: Vox Rail LLC will make reasonable efforts to provide guidance on supported devices and notify Users of any known EOL or compatibility issues. However, Users must proactively ensure their devices remain compliant with the security standards of our Service.

16. Account Security and Support

• Support Page Access: Vox Rail LLC provides access to a secure support page for submitting service requests, inquiries, and technical support tickets through a dedicated system. Access to this support page requires login credentials to maintain account security and prevent unauthorized requests.
  • Account Setup: During onboarding, Vox Rail LLC will request a designated email address from each client to create an account in the support system. A secure password will be provided, allowing authorized personnel to submit support tickets for general inquiries, change requests, and technical support.
  • Authorized Use: All tickets submitted through the assigned support account are considered requests from authorized personnel. Clients are responsible for securing their account credentials and limiting access to authorized users only. Unauthorized end users or individuals not registered with Vox Rail LLC will not have access to the support system. Due to the login requirement, it is not possible for tickets to be submitted under a client’s account unless explicitly logged in.
  • Security Responsibility: Clients must take steps to prevent unauthorized access to their support account. Any changes, support requests, or other actions submitted under their account will be treated as authorized and binding. If there is reason to believe that login credentials have been compromised, the client must notify Vox Rail LLC immediately. We will promptly update the account password to maintain security and review with the client any recent changes.
  • This secure support system provides a controlled and authorized channel for managing service requests and changes, helping to protect the integrity of your account and ensure accurate support.
• Account Security and Authentication: To ensure secure access and authorized changes to your account, Vox Rail LLC requires each customer to set a unique security passcode.
  • Security Passcode: During account setup, Vox Rail LLC will request a one-word or 4–8-character passcode to be used as an authentication code when contacting our support team. This passcode will serve as a verification measure to confirm account ownership and authorize any requested changes.
  • Authorized Access: The security passcode helps verify that only authorized personnel can access or modify account information. Customers are responsible for sharing this passcode only with trusted personnel who are authorized to make changes or inquiries regarding their account.
  • Compromise Notification: If there is any suspicion or evidence that the security passcode has been compromised, customers must notify Vox Rail LLC immediately. We will promptly update the passcode to restore account security.
  • This passcode policy is designed to protect your account from unauthorized access and ensure that any account changes are carried out securely.

17. General Provisions

• Customer Indemnification: To the fullest extent permitted by law, the Customer will defend, indemnify, and hold harmless Vox Rail LLC and its owners, employees, contractors, and service providers from third-party claims, damages, penalties, fines, liabilities, and reasonable costs arising from the Customer’s unlawful or unauthorized use of the Service; Customer Content; failure to obtain legally required recording, monitoring, calling, or messaging consent; violation of another person’s rights; misuse of caller identification; compromise of Customer-controlled systems or credentials; or violation of this Agreement or applicable law. This obligation does not apply to the extent a claim is directly caused by Vox Rail LLC’s gross negligence or willful misconduct.
• Notices: Vox Rail LLC may provide notices to the Customer through the Customer’s designated administrative or billing email address, the support portal, an invoice, or another contact method associated with the account. The Customer is responsible for maintaining accurate contact information and monitoring those communication channels. Formal legal notices to Vox Rail LLC must be delivered to the mailing or email address designated by Vox Rail LLC for legal notices.
• Assignment: The Customer may not assign or transfer this Agreement without Vox Rail LLC’s prior written consent. Vox Rail LLC may assign this Agreement in connection with a merger, reorganization, financing, sale of substantially all relevant assets, or transfer of the applicable business or Service, provided that the assignee assumes Vox Rail LLC’s applicable obligations.
• Entire Agreement: This Agreement, the applicable Service Orders, the Fee Schedule, and any mutually signed addenda constitute the entire agreement concerning the Service and replace prior or contemporaneous discussions, representations, and understandings concerning the same subject matter.
• No Waiver: A party’s delay or failure to enforce a provision does not waive that provision or the right to enforce it later. A waiver is effective only when stated in writing by the party granting it.
• Severability: If a provision of this Agreement is found unenforceable, it will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.
• Relationship of the Parties: The parties are independent contractors. This Agreement does not create a partnership, joint venture, fiduciary relationship, employment relationship, franchise, or agency relationship.
• No Third-Party Beneficiaries: Except for persons expressly entitled to indemnification under this Agreement, no person other than Vox Rail LLC and the Customer has any right to enforce this Agreement.
• Survival: Provisions concerning accrued payment obligations, intellectual property, Customer Content, confidentiality, data retention, disclaimers, limitations of liability, indemnification, dispute resolution, and any other provisions that by their nature should continue will survive suspension, cancellation, or termination.

18. Governing Law and Dispute Resolution

• Governing Law: This Agreement is governed by and interpreted in accordance with the laws of Idaho.
• Dispute Resolution: Any disputes arising from this Agreement will be resolved through binding arbitration in Idaho, unless otherwise specified by law.

19. Amendments and Changes

• Vox Rail LLC reserves the right to modify this Agreement at any time. Users will be notified of material changes via email at least 30 days prior to implementation. Continued use of the Service after the effective date constitutes acceptance of the updated terms.
• Fee adjustments will be communicated to Customers at least thirty (30) days before taking effect and will be identified in the applicable Fee Schedule, invoice, Service Order, or other written notice.