Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either as an individual or on behalf of an entity) and SimuWave Communications Platform ("SimuWave," "we," "us," or "our") concerning your access to and use of the SimuWave platform and related services (collectively, the "Services").

By accessing or using our Services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using the Services, you represent and warrant that you meet these requirements. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring that your account information remains accurate and up to date

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms or for any other reason we deem appropriate.

4. Description of Services

SimuWave provides a cloud-based VoIP platform that includes:

• Voice calling services (inbound and outbound)
• Phone number provisioning and management
• Call flow design and IVR systems
• Phone provisioning and configuration
• Call detail records and analytics
• Multi-tenant management capabilities
• White-label customization options
• Additional features as described in our documentation

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

5. Acceptable Use Policy

You agree not to:

• Use the Services for any illegal purpose or in violation of any laws
• Engage in fraudulent activities, including toll fraud or caller ID spoofing
• Send unsolicited commercial communications (spam) or conduct telemarketing without proper consent
• Transmit harmful code, viruses, or malware through the Services
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Use automated systems to access the Services without authorization
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove or alter any proprietary notices or labels
• Use the Services to harass, abuse, or harm others
• Resell or redistribute the Services without a reseller agreement
• Violate the Telephone Consumer Protection Act (TCPA) or similar regulations

6. Billing and Payments

6.1 Fees

You agree to pay all fees associated with your use of the Services, including but not limited to phone number rental fees, usage-based calling charges, and any applicable taxes. Pricing is available on our website and may be updated from time to time.

6.2 Payment Terms

Payment for usage-based services is due as incurred. We may require prepayment or maintain a minimum balance for certain services. All fees are non-refundable unless otherwise specified in writing.

6.3 Late Payment

If payment is not received when due, we may suspend or terminate your access to the Services. We reserve the right to charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by law.

6.4 Disputed Charges

If you believe you have been incorrectly billed, you must notify us within 30 days of the charge. We will investigate and make appropriate adjustments if warranted.

7. Intellectual Property Rights

7.1 Our Property

The Services, including all software, designs, text, graphics, logos, and other content, are owned by SimuWave or our licensors and are protected by copyright, trademark, and other intellectual property laws.

7.2 Your Content

You retain ownership of any content you upload to the Services, including call recordings, voicemail messages, and audio files. By uploading content, you grant us a license to use, store, and transmit that content as necessary to provide the Services.

7.3 White-Label Rights

If you have a white-label agreement, you are granted a limited license to use our platform under your own branding, subject to the terms of that agreement.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our privacy practices as described in the Privacy Policy.

9. Service Level and Availability

While we strive to maintain high availability and reliability, we do not guarantee that the Services will be available 100% of the time. We may perform maintenance, updates, or experience outages that temporarily affect service availability. We are not liable for any losses resulting from service interruptions.

10. Regulatory Compliance

You are responsible for complying with all applicable laws and regulations, including:

• Telephone Consumer Protection Act (TCPA)
• Telemarketing Sales Rule (TSR)
• CAN-SPAM Act
• CALEA (Communications Assistance for Law Enforcement Act)
• Data protection and privacy laws (GDPR, CCPA, etc.)
• International telecommunications regulations

We will cooperate with law enforcement and regulatory authorities as required by law.

11. Disclaimers and Warranties

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that the Services will be uninterrupted, secure, or error-free
• Warranties that defects will be corrected

12. Limitation of Liability

To the maximum extent permitted by law, SimuWave and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of third parties on the Services
• Unauthorized access, use, or alteration of your content
• Service interruptions or outages

In no event shall our total liability to you for all claims exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless SimuWave and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another party.

14. Emergency Services (911/E911)

Important: VoIP services may have limitations regarding emergency services.

While we support E911 functionality, you acknowledge that VoIP emergency calling may not function the same as traditional phone services. Emergency calls may fail during power outages, internet disruptions, or service issues. You are responsible for maintaining alternative means of accessing emergency services. We are not liable for any inability to complete emergency calls.

15. Termination

15.1 By You

You may terminate your account at any time by contacting support. You remain responsible for all charges incurred prior to termination.

15.2 By Us

We may suspend or terminate your access to the Services immediately, without prior notice, for any reason, including violation of these Terms, non-payment, or illegal activity.

15.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We may delete your account and content after 90 days. Sections of these Terms that by their nature should survive termination will survive.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a formal dispute, you agree to contact us and attempt to resolve the issue informally by sending a detailed description to legal@simuwave.com.

16.2 Arbitration

Any dispute arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except that you may assert claims in small claims court if they qualify.

16.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and SimuWave individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

17. General Provisions

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

17.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

17.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17.4 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and SimuWave regarding the Services.

17.5 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17.6 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

18. Contact Information

For questions about these Terms or our Services, please contact us: