Terms & Conditions

These Terms & Conditions (the “Terms”) form a binding agreement between your business (“you” or “Customer”) and Phoneware, Inc. (“Phoneware,” “we,” or “us”). They apply together with any signed Network Service Agreement, service order, or quote, which controls if there is a conflict. By ordering, activating, or using any Phoneware service, you agree to these Terms. If you do not agree, do not use the service.

1. The service

Phoneware provides cloud-based business communications, including hosted voice (PBX), AI voice agents, mobility and unified communications, business texting, contact center, call recording, cloud fax, SIP trunking, meetings, internet continuity, telephone numbers, and related equipment, professional services, and support. Available features vary by plan and are described in your service order. We may add, improve, or change features over time; we will not materially reduce a paid feature during your term without a comparable replacement.

2. Orders, term & renewal

Your service order sets your services, quantities, pricing, and term (for example, a 36-month term). The term begins on the activation date of your Phoneware services. Unless your order states otherwise, terms renew automatically for successive twelve-month periods unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current term. You may add users, numbers, and features during the term; additions are billed at the applicable rates. Expiration or termination of the term does not relieve you of responsibility for charges already accrued.

If you are moving locations within the Phoneware service area, you may relocate the services covered by your order to the new address without incurring early termination charges, provided the entire set of contracted services moves with you.

If you are switching from another provider, any termination, disconnection, or other charges assessed by that provider are your responsibility.

3. Fees, taxes & billing

Billing begins on the installation date; ported telephone numbers begin billing on the port completion date. Recurring charges are billed monthly in advance, and usage or one-time charges (such as hardware, installation, or metered usage) are billed as incurred, with partial months prorated on a calendar-month basis. Fees are exclusive of taxes, E911 fees, Universal Service Fund contributions, and other governmental or regulatory charges, which we will add to your invoice. Invoices are due twenty (20) days after the invoice date. Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by law, and may result in suspension. If we must use a collection agency or attorney to recover past-due amounts, you agree to pay the reasonable collection costs, attorney’s fees, and court costs we incur. You authorize any payment method on file for recurring charges.

4. Refunds & disputed charges

Phoneware does not provide refunds for services. Hardware returns, where available, are handled as described in your order and our returns process. If you dispute a charge in good faith, you must do so within ninety (90) days of the invoice date, pay all undisputed charges on time, and give us a written explanation of the dispute. Charges not disputed within that ninety-day window are waived. We will work with you to resolve the dispute promptly; if we determine the charge is valid, it becomes due immediately.

5. Equipment & warranty

Phones, headsets, and network hardware purchased from Phoneware are yours once paid in full; equipment provided on a rental, lease, or as-a-service basis remains ours and must be returned in good condition at the end of service. Title and the right of possession remain with Phoneware until the full purchase price is paid or the rental or lease term is complete. We pre-configure equipment for your account; you are responsible for on-site power, cabling, local network infrastructure, and a suitable internet connection unless we agree otherwise in writing.

Phoneware warrants equipment it supplies against defective material or workmanship for one (1) year from the date of delivery. This warranty is void for equipment serviced or repaired by anyone other than an authorized Phoneware representative, or tampered with or damaged by you or your representatives.

6. Acceptable use

You agree to use the service lawfully and not to: send unlawful, fraudulent, harassing, or unsolicited bulk communications; violate telemarketing, TCPA, or 10DLC/A2P messaging rules; infringe others’ rights; introduce malware; interfere with or overburden the network; or resell the service without our written consent. Text messaging must comply with our SMS policy and carrier requirements. We may throttle, suspend, or terminate service to protect the network or our customers, prevent fraud, or comply with law.

7. Telephone numbers & porting

We assign telephone numbers for your use; you do not own assigned numbers except as allowed by law and porting rules. We help you port eligible numbers to and from Phoneware, subject to the losing carrier’s timelines and confirmation. Numbers may be reclaimed for non-payment or account termination as permitted by regulation.

8. Emergency calling (E911)

Voice service includes access to emergency calling with important limitations, including dependence on power and your broadband connection and the accuracy of the service address on file. You must read our E911 Disclosure and ensure every user understands it before relying on the service for emergency calls. Keep your registered service address current for each device.

9. Availability, maintenance & support

We work to keep the platform highly available and will honor any service-level commitments stated in your order. Voice and messaging quality depend on your internet connection, equipment, and third-party carriers. The service may be briefly unavailable for maintenance or upgrades, and we are not responsible for outages caused by your network, power, or third-party providers. Support is provided as described in your plan, and included support does not expire for the life of your service. Maintenance and repair service is available by phone or email; we respond within one (1) business day for normal repair requests and within three (3) hours for a complete failure or emergency.

10. Regulatory changes

If changes to regulatory requirements or conditions increase our cost of providing a service, we may, on thirty (30) days’ written notice, increase the price of that service by an amount sufficient to recover the increased cost, or discontinue the affected service. If we raise a rate under this section, you may cancel the affected service without an early termination charge by giving us at least thirty (30) days’ written notice.

11. Confidentiality

Each party may receive the other’s confidential information. Each party will protect the other’s confidential information with reasonable care and use it only to perform under this agreement, except as required by law.

12. Intellectual property

Phoneware and its licensors retain all rights in the platform, software, and documentation. We grant you a non-exclusive, non-transferable right to use the service during your term. You retain all rights in your data and content; you grant us the limited rights needed to operate the service for you.

13. Warranties & disclaimers

We will provide the service in a professional and workmanlike manner. Except as expressly stated in these Terms, the service and equipment are provided “as is,” and to the fullest extent permitted by law we disclaim all other warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free.

14. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, punitive, or consequential damages, or for lost profits or data. Our total aggregate liability for any claim is limited to the amounts you paid for the affected service in the three (3) months before the claim. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. These limits do not apply to your payment obligations.

15. Indemnification

You will defend and indemnify Phoneware against third-party claims arising from your content, your use of the service in violation of these Terms or law, or your messaging campaigns. We will defend and indemnify you against third-party claims that the platform, as provided by us, infringes their intellectual property.

16. Suspension, termination & early termination charges

Either party may terminate for a material breach that remains uncured 30 days after written notice. We may suspend immediately for non-payment, fraud, security risk, or legal requirement. On termination, you must pay outstanding charges and return any rented or leased equipment in good condition.

Because your committed-term pricing is lower than our standard month-to-month rates, if you cancel a service before the end of its minimum term, an early termination charge applies equal to fifty percent (50%) of the monthly rate for that service multiplied by the number of months remaining in the term. This charge is waived if you sign a new agreement for services equal to or greater than the remaining value of the canceled service. On month-to-month terms, you may cancel with thirty (30) days’ written notice with no early termination charge.

You may cancel within the first ninety (90) days after installation without early termination liability if you experience service interruptions or service-related problems that we are unable to correct within thirty (30) days of your written notice. Sections that by their nature should survive termination will survive.

17. Privacy

Our handling of personal information and customer network information is described in our Privacy Policy, which is part of these Terms.

18. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will post the updated Terms here and update the date above, and where appropriate we will notify you. Your continued use of the service after changes take effect means you accept the revised Terms.

19. Governing law & disputes

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. The state and federal courts located in Maricopa County, Arizona have exclusive jurisdiction, unless your service order specifies binding arbitration or another venue.

20. General

These Terms, together with your service order and the policies referenced here, are the entire agreement between us and supersede prior discussions. Each provision is severable; if any provision is unenforceable, the rest remains in effect. You may not sell, transfer, or assign this agreement without our written consent, and any assignment made without it is void and does not relieve you of your obligations; we may assign it to an affiliate or successor. Neither party is liable for delays caused by events beyond its reasonable control. All orders are subject to approval by an officer of Phoneware, Inc.

21. Contact

Questions about these Terms? Reach us at email us or call or text 602·445·7777. Mailing address: Phoneware, Inc., Attn: Legal, P.O. Box 71038, Phoenix, AZ 85050.