Terms of Service
Last Modified: 12/3/2024
This User Agreement ("Agreement") governs the terms and conditions for using the VoIP services provided by Vox Rail LLC ("Company," "we," or "us"). By using our services, you ("User" or "Client") agree to comply with these terms.
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.
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: A managed service provided by Vox Rail LLC, including telecommunication functionality, proprietary systems, and open-source software components, maintained and operated exclusively by the Company.
- Proprietary Systems: Software and configurations developed solely by Vox Rail LLC to support the Hosted Service.
- Server Ownership: The full and exclusive ownership of the server, software, and configurations used to provide the Hosted Service, retained solely by Vox Rail LLC.
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.
- 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.
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 Outages and Critical Systems: Users acknowledge that VoIP services may not function during power outages, which can disrupt access to emergency services (911) and render critical systems inoperative if they rely solely on VoIP. VoIP services are not recommended for use with essential systems requiring uninterrupted phone line access, such as fire alarms, remote monitoring systems (e.g., security systems), elevators, or other devices that require constant connectivity. For these systems, users should consider:
- Alternative Solutions: Either install a traditional POTS (Plain Old Telephone Service) line, which remains operational during power outages, or use backup power solutions to ensure continuous internet and power to the VoIP device.
- Battery Backup: Users are encouraged to provide battery backups (UPS) for both the VoIP device and the internet connection, though this may not guarantee full uptime in prolonged outages.
- Vox Rail LLC disclaims responsibility for any disruption to critical systems using VoIP, and users are responsible for ensuring that essential services are equipped with the appropriate, reliable connection methods.
- E911 Limitations: Users understand that our Service provides limited emergency calling capabilities (E911). Users must update their location information with the Company to ensure emergency services can locate them. Failure to do so may result in a delay of emergency services arriving and locating the involved parties. Accounts will incur a fee, for each occurrence, according to our Fee Schedule.
- Service Uptime and Maintenance: Vox Rail LLC strives to provide 99.99% uptime for its cloud-hosted VoIP services, leveraging the robust infrastructure of AWS to ensure consistent availability. While AWS provides a high degree of reliability, there may be rare instances of outages, either due to unexpected disruptions or planned maintenance, that could temporarily affect service.
- 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:
- The manufacturer may cease to provide firmware updates or security patches, which may lead to compatibility issues or security vulnerabilities.
- 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 Terms
Vox Rail LLC provides its VoIP services as a managed, cloud-hosted solution. Users acknowledge and agree to the following:
- Service Access: Users purchase access to a fully managed hosted service provided by Vox Rail LLC. The service includes telecommunication functionality but does not involve the sale, transfer, or licensing of any underlying software or infrastructure to Users.
- Proprietary Components: The hosted service includes proprietary systems and software components developed exclusively by Vox Rail LLC. These systems, including but not limited to the management interface and server configurations, are not for sale, transfer, or license under any circumstances.
- Backend Access: Users have no access to the server or backend infrastructure supporting the hosted service. All configurations, management, and maintenance are performed solely by Vox Rail LLC.
- No Resale: Users are expressly prohibited from reselling, sublicensing, or otherwise transferring access to the Service to any third party without prior written consent from Vox Rail LLC. Any unauthorized resale or transfer is grounds for immediate termination of the Service without notice.
- No Ownership Transfer: Under no circumstances will the server, software, configurations, or any components of the phone server solution be sold, transferred, or made available to any individual, company, or third party. The server and all components are and will remain the sole property of Vox Rail LLC.
- Use of Open-Source Software: Vox Rail LLC utilizes open-source software as part of its hosted service infrastructure. This software is managed and maintained by Vox Rail LLC and is not distributed to Users. The open-source components are governed by their respective licenses, which do not grant Users rights to the software's source code or binaries.
6. Fair Usage Policy
To maintain the quality and affordability of our services, Vox Rail LLC enforces the following Fair Usage Policy:
- 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.
- 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.
- 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.
- 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.
- Payment Terms: Payments are due on the specified date of each billing cycle. Late payments may result in additional fees, ultimately leading to service suspension. Refer to the Fee Schedule for details.
- Taxes: Users are responsible for any applicable taxes and fees related to their usage of the Service.
- Past Due Accounts:
- 30 Days Past Due: If an account is unpaid after 30 days, Vox Rail LLC will issue an additional notice reminding the user of the outstanding balance. We understand that circumstances can arise unexpectedly, and we are committed to working with clients to bring accounts current. Please reach out to our support team for assistance in arranging payment options.
- 60 Days Past Due: Accounts that remain unpaid after 60 days will receive a past-due notice and incur a late fee, as referenced in our Fee Schedule. Vox Rail LLC will notify the client of the outstanding balance, late fee, and the potential for further action if the account remains unpaid.
- 90 Days Past Due - Service Suspension: Accounts past due by 90 days will have their services suspended. During suspension, inbound callers will receive an “out of service” message, and all VoIP services will be interrupted. At this point, an additional late fee will apply, along with a service reconnection fee, according to our Fee Schedule, to restore access once payment is made.
- Beyond 90 Days Past Due: Accounts that remain unpaid beyond 90 days may be sent to collections, and additional collection fees may apply. In extreme cases, Vox Rail LLC reserves the right to terminate the account permanently, at which point all services will be canceled, and associated phone numbers may no longer be available for reassignment.
- Suspended or terminated accounts will not receive any refund for prepaid services, and all outstanding balances remain due.
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: We take reasonable steps to protect user data and ensure confidentiality. All client data, SIP signaling, and media transmissions are encrypted using industry standard TLS encryption. Furthermore, all access to any client cloud-hosted phone system is encrypted to maintain data integrity and prevent unauthorized access.
- 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.
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: In no event shall Vox Rail LLC’s total liability exceed the fees paid by the user for the Service in the [90 days] preceding 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.
- Vox Rail LLC is not liable for delays or service interruptions caused by events beyond its reasonable control, including:
- In such events, Vox Rail LLC will make reasonable efforts to restore Service as soon as possible.
12. Termination and Suspension
- Termination by User: Users may terminate their subscription by notifying the Company per our cancellation policy. Termination will take effect at the end of the current billing cycle.
- Suspension or Termination by Company: We reserve the right to suspend or terminate a user’s access to the Service for violation of this Agreement, non-payment, or other just causes.
- Effect of Termination: Upon termination, the user’s access to the Service will cease, and any remaining balance will be billed immediately.
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.
- Phone Number Porting: If clients wish to retain their phone numbers and port them to another carrier, this intention must be clearly stated in the cancellation request. Porting phone numbers to another carrier is only available for accounts that are active at the time of the porting request.
- Closed Accounts and Number Porting: Upon account termination, Vox Rail LLC will mark associated phone numbers as inactive and may release them for reassignment after a period of [30-60 days]. During this period, clients may still request to port their number to another provider. After this timeframe, numbers may no longer be available for porting, and Vox Rail LLC makes no guarantee of number availability beyond account termination. Vox Rail LLC does not charge fees for porting numbers out to another carrier upon valid account cancellation and fulfillment of payment obligations. However, users should be aware that the new carrier requesting the port may impose fees associated with the porting process, which are outside of 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 completion of cancellation, all services provided by the Company will be discontinued, and access to the account will be terminated. Any saved settings, recordings, voicemails, or any other account related or VoIP service-related settings will be lost and cannot be recovered.
- Data Retention: Vox Rail LLC will retain customer data related to account usage for a period of [3 years] after service termination for account management and compliance purposes, after which data will be permanently deleted unless otherwise required by law.
- 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.
- 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:
- 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 in error 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. 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.
18. 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 [30 days] in advance of taking effect and can be found in our Fee Schedule.