Supphone Terms of Service

1. Acceptance of Terms

Welcome to Supphone. These Terms of Service ("Terms") constitute a legally binding agreement between you and Supphone ("we," "us," or "our"), a sole proprietorship operated in New York, United States. By accessing or using the Supphone website and services (collectively, the "Service"), you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3. Account Registration

To use the Service, you must create an account by providing accurate and complete information, including your full name and email address. You are responsible for:

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

You may not share your account credentials with others or allow others to access your account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Description of Service

Supphone is a browser-based international calling application that allows users to make voice calls over the internet. The Service operates as a software-as-a-service (SaaS) platform that utilizes third-party telecommunications infrastructure providers, including Twilio, to initiate and complete calls.

Supphone does not own or operate the underlying telecommunications infrastructure. We act as a service provider and reseller, offering you access to calling services through our user-friendly platform. The Service is provided on a pay-as-you-go basis, where users purchase credits to make calls.

By using the Service, you acknowledge and agree that:

• Call completion and quality are dependent on third-party infrastructure providers
• You must comply with the terms of service and acceptable use policies of our infrastructure providers, including Twilio
• We serve as an intermediary between you and the telecommunications infrastructure providers

5. Payment Terms

5.1 Pay-As-You-Go Model

Supphone operates on a pay-as-you-go basis. You purchase calling credits that are used to make calls based on the destination and duration of your calls.

5.2 Pricing

Current rates are displayed within the Service and may vary by destination. We reserve the right to change our rates at any time with or without notice. Rate changes will not affect credits already purchased.

5.3 Payment Processing

All payments are processed through third-party payment processors. You agree to provide accurate payment information and authorize us to charge your payment method for all fees incurred.

5.4 Credits and Refunds

• Purchased credits are non-refundable except as required by law
• Credits do not expire unless your account is terminated
• Credits have no cash value and cannot be transferred or exchanged
• We reserve the right to issue refunds or credits at our sole discretion in cases of Service failure or billing errors

5.5 Taxes

You are responsible for any applicable taxes, duties, or government charges related to your use of the Service.

6. Reseller Model

Supphone operates as a reseller of telecommunications services provided by third-party infrastructure providers, including Twilio. In this capacity:

• We purchase telecommunications services at wholesale rates and resell them to you
• Our pricing includes a markup over the wholesale rates we pay to our providers
• We do not guarantee that our pricing will match or be lower than direct pricing from infrastructure providers
• Price changes may occur due to changes in our providers' pricing or our business model
• We reserve the right to adjust our pricing, markups, and fee structures at any time

You acknowledge that you are purchasing services from Supphone, not directly from our infrastructure providers, and that we set our own pricing independently.

7. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service for any illegal activities or to violate any laws
• Violate the terms of service or acceptable use policies of our infrastructure providers, including Twilio
• Make threatening, harassing, defamatory, or abusive calls
• Use the Service to transmit spam, junk calls, or unsolicited communications
• Engage in telemarketing or robocalling without proper authorization and compliance with applicable laws (including TCPA)
• Attempt to gain unauthorized access to the Service or other users' accounts
• Use the Service in any way that could damage, disable, or impair our systems or those of our providers
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Use automated systems or bots to access the Service
• Resell or redistribute the Service without our written permission
• Impersonate any person or entity or misrepresent your affiliation
• Use the Service in a manner that violates any regulatory requirements or restrictions imposed by our infrastructure providers

Third-Party Provider Compliance: Our infrastructure providers, including Twilio, maintain their own acceptable use policies and terms of service. By using Supphone, you agree to comply with all applicable third-party provider policies. We reserve the right to suspend or terminate your account if your use violates our providers' terms, even if not explicitly listed here.

We reserve the right to suspend or terminate your account for violations of this Acceptable Use Policy.

9. Service Availability and Quality

9.1 No Guarantee of Service

We strive to provide reliable service, but we do not guarantee that the Service will be:

• Available at all times without interruption
• Free from errors, bugs, or technical issues
• Compatible with all devices or internet connections
• Maintained at any particular level of quality or connectivity

The Service is dependent on third-party infrastructure providers, including Twilio. Service availability and performance may be affected by factors beyond our control, including but not limited to third-party provider outages, maintenance, network issues, or changes to their services.

9.2 Call Quality

Call quality may vary based on factors including but not limited to your internet connection, device, location, the destination network, and the performance of our third-party infrastructure providers. We are not responsible for poor call quality, dropped calls, connection failures, or other issues arising from third-party infrastructure.

9.3 Maintenance and Updates

We may perform maintenance, updates, or modifications to the Service at any time, which may result in temporary service interruptions. Additionally, our third-party infrastructure providers may perform their own maintenance, which may affect Service availability.

9.4 Third-Party Dependencies

You acknowledge that the Service relies on third-party telecommunications infrastructure. We are not responsible for service interruptions, degradation, or failures caused by our third-party providers.

10. Intellectual Property

10.1 Ownership

All content, features, functionality, and materials available through the Service, including but not limited to text, graphics, logos, software, and design, are owned by Supphone or its licensors and are protected by intellectual property laws.

10.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes.

10.3 Restrictions

You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

11. Privacy and Data Collection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy.

12. Disclaimers and Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will meet your requirements
• Warranties that the Service will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy or reliability of any information obtained through the Service

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPPHONE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or use
• Business interruption
• Inability to make or receive calls
• Missed business opportunities
• Damage to reputation
• Any damages arising from the acts or omissions of our third-party infrastructure providers
• Service interruptions, degradation, or failures caused by third-party providers
• Changes to third-party provider services, pricing, or availability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless Supphone, its owner, and its affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations

15. Termination

15.1 Termination by You

You may terminate your account at any time by contacting us. Upon termination, any unused credits in your account will be forfeited unless otherwise required by law.

15.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Extended periods of inactivity

15.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15.4 Third-Party Provider Termination

If our relationship with any infrastructure provider (including Twilio) is terminated or suspended, we reserve the right to suspend or terminate the Service, in whole or in part, with or without notice. In such circumstances, we will make reasonable efforts to provide alternative service or refund unused credits, but we are not obligated to do so.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in New York, and you consent to the personal jurisdiction of such courts.

17. Dispute Resolution

17.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us to attempt to resolve any dispute informally.

17.2 Arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except as otherwise provided herein.

17.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending an email notification to the address associated with your account
• Displaying a notice when you log into the Service

Your continued use of the Service after such notice constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

19. Regulatory Compliance

You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations in your jurisdiction, including but not limited to telecommunications regulations, consumer protection laws, and export control laws.

20. Third-Party Services and Infrastructure

20.1 Infrastructure Providers

The Service utilizes third-party telecommunications infrastructure providers, including Twilio, to deliver calling services. By using Supphone, you acknowledge and agree that:

• Your use of the Service is subject to the terms of service and policies of our infrastructure providers
• We do not control and are not responsible for the actions, services, or policies of our third-party providers
• Changes, interruptions, or termination of third-party services may affect your ability to use Supphone
• We may change or replace infrastructure providers at any time without notice

20.2 Third-Party Content and Links

The Service may contain links to or integrate with third-party websites, services, or content not operated by our infrastructure providers. We are not responsible for and do not endorse any third-party services. Your use of third-party services is at your own risk and subject to their respective terms and conditions.

20.3 No Third-Party Beneficiaries

These Terms are between you and Supphone only. Our infrastructure providers and other third parties are not parties to these Terms and have no obligations to you under these Terms.

21. Feedback and Suggestions

If you provide us with any feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into our Service without compensation to you.

22. No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Supphone. You have no authority to bind Supphone in any way.

23. Assignment

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

24. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

25. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Supphone regarding the Service and supersede all prior agreements and understandings.

26. Contact Information

If you have any questions about these Terms or the Service, please contact us at: support@supphone.com

Business Name: Supphone

27. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.