top of page
Logo wide iOS.png

< Back to Home

Last updated 12.31.24

Terms of Service

At Digivoice, we like to keep things simple. We like to be straight forward and transparent with our customers. Below is our Terms of Service that we aimed to be as transparent and simple as possible.

​

​

Our goal at Digivoice is to run a service that makes sense for our customers. Below outlines some rules and regulations that you agree to follow when using Digivoice. Terms of Service may be updated at any time. We ask that you check here from time to time to ensure you understand what is listed. We will notify you of any major changes to these terms as they are updated. Thank you for your understanding, and thank you for choosing Digivoice.

1. Digivoice Subscriber Agreement

 

This is an agreement (“agreement”) between Digivoice (“we”, “us” or ” Digivoice “) and you, an end user (“you” or “user”) of Digivoice internet phone service (the “service”) as described herein. 

​

By establishing, activating, using, or paying for the service, you acknowledge that you have read and understood these terms, you agree to the terms and conditions in this agreement, and you represent that you are of legal age to enter this agreement and become bound by its terms, including those pertinent to 911 emergency dialing, and to the prices, charges, and conditions provided to you in association with your enrollment, including marketing materials and the Digivoice website, which are incorporated herein by reference. 

​

This agreement governs the service and any devices – such as a VoIP phone, analog telephone adapter or computer operating software enabling the service (each alone or all collectively known as “equipment”) – website, or software used in conjunction with the service.

1. Digivoice Subscriber Agreement

2. 911 Emergency Dialing

 

2.1 Important Notices

Please read this information regarding 911 very carefully. By activating and paying for the Service, you acknowledge and agree to the limitations of Digivoice 911 Emergency Dialing service and understand the distinctions between such service and traditional 911 or E911 calls. You also agree to notify any user who may place calls using your Service—such as employees, business associates, household residents, or guests—of these limitations.

​

Even in areas where Digivoice offers 911 service, Digivoice cannot and does not guarantee that the Service will operate as intended. The only way to know with absolute certainty that you have functioning 911 service is to:

  1. Call Digivoice at 435-688-2980 to confirm your 911 service is activated.

  2. Call the test number 933 to ensure your address is properly read back.

  3. Check that your e911 address is correct in the Digivoice Console under e911 Addresses

 

Never call 911 as a test but if you do, never hang up before informing the operator that it was a mistake. Digivoice recommends maintaining an alternative means of accessing emergency services in the event of a service disruption for any reason.

​

2.2 Service Address

You must provide the address to be associated with the Service (“Service Address”) during registration. The address must be in the same rate center as the business or home number you select. Failure to provide the correct Service Address may result in misdirecting 911 calls to the wrong public safety answering point (PSAP) or emergency operator, and/or failing to reach the correct location to render emergency services.

​

You acknowledge that 911 dialing will not function properly if you move your Equipment to another Service Address, either temporarily or permanently, unless the new Service Address has been properly recorded and is in an area for which Digivoice provides 911 Emergency Dialing. You may change your Service Address by calling 435-688-2980 to provide the new address, after which you must call 933 to confirm your new address is registered correctly. Changes of Service Address may take a minimum of ten business days to update the 911 emergency databases.

​

2.3 911 Service Limitations

Availability: Digivoice service is only available in areas where 911 services can be provided to new customers.

​

Outages and Configuration: 911 service will not function if:

  • Your Equipment is not configured properly.

  • Your Digivoice service is not functioning (e.g., due to broadband or electrical power outages, or if your broadband/ISP or Digivoice Service is suspended or terminated).

  • Local disasters or network congestion could also result in busy signals, failed calls, or delayed connection times

 

Activation Delay: Digivoice 911 service may not function properly for up to 30 days after you can make outbound calls. Because of the time needed to update 911 emergency databases, your 911 service may not be available immediately.

 

Rate Center Matching: You must select a business or household (primary) number associated with your Service Address. Calls to 911 route to an emergency administrator based on the phone number you have chosen and the geographic location you have provided. 911 must be available in your area for Digivoice to offer you service.

​

2.4 Mobile App Usage and 911

If you move or intend to use Digivoice service away from the geographic location registered with Digivoice, you must update your account with the new location. If you use the Digivoice mobile app, be aware that dialing 911 from the mobile app will provide dispatchers with your business service address. Digivoice does not recommend using the mobile app to dial 911. Digivoice is not liable for 911 location response when using the mobile app; please dial 911 directly from your cellphone provider instead.

​

You may change your Service Address by contacting Digivoice Member Services at 435-688-2980. Since it may take up to 30 days to properly update the 911 emergency databases, do not rely solely on Digivoice Service for 911 emergency dialing if you are temporarily traveling away from home.

​

2.5 Enhanced 911 (E911)

In certain areas where Digivoice provides 911 Emergency Dialing, Digivoice also offers E911 capabilities. When you dial 911 using a Digivoice-enabled phone with E911, Digivoice automatically delivers the location information you provided at the time of activation (or as subsequently updated and validated) to the PSAP with the 911 call. If the location information is incorrect, the 911 call may be sent to a PSAP that does not serve your location, which may prevent timely emergency assistance. You are solely responsible for maintaining accurate physical location information on your Digivoice account. If you move your Digivoice equipment to another location, you must update your Service Address following Digivoice instructions.

​

2.6 Basic 911

In some areas where Digivoice provides 911 Emergency Dialing, E911 may not be supported. Your physical location information may not be automatically delivered to the PSAP with the 911 call. This means the dispatcher may not know the phone number or physical location of the person making the call. If you dial 911, be prepared to immediately provide your exact location and do not disconnect before the dispatcher has all the information needed to assist you.

​

2.7 Acknowledgment

You understand and acknowledge that Digivoice 911 Emergency Dialing has characteristics that distinguish it from traditional, circuit-switched 911 service. These distinctions may make Digivoice unsuitable for some users, and you should carefully evaluate whether Digivoice meets your emergency calling needs. Digivoice strongly recommends having a conventional phone line or wireless phone as a backup for emergency calls. You authorize Digivoice to disclose your name and address to third parties involved in providing 911 Emergency Dialing.

​

2.8 Suspension of Your Account

You acknowledge and understand that a Service outage due to suspension of your account—resulting from billing issues or any other cause described in this Agreement—will prevent all service, including 911 Emergency Dialing.

​

2.9 Indemnification

Digivoice will not be liable for any Service outage or inability to dial 911 using Digivoice (or otherwise access emergency services) due to the characteristics and limitations of the Service. You agree to defend, indemnify, and hold harmless Digivoice, its officers, directors, employees, affiliates, and agents, as well as any other service provider furnishing services to you, from any claims or damages (including attorney fees) resulting from the failure or outage of the Service, including those related to 911 dialing. You acknowledge Digivoice does not offer Lifeline service and strongly recommend that you have an alternative means of accessing emergency service at all times.

​

2.10 Emergency Alert System (EAS)

While our Emergency Message System provides convenient, critical alerts on select Yealink and Grandstream devices, it has important limitations regarding safety and reliability. Delivery of these alerts may experience delays and may not be as immediate as standard alerts received from other platforms or mediums. Consequently, do not rely on this system as your primary source of emergency information. Not every emergency will be conveyed through this system, and these alerts are not available on Digivoice Mobile Apps, Desktop Apps, or softphones—only on certain Yealink and Grandstream devices. To confirm eligibility, please contact Digivoice Support.

​

We urge users to always prioritize traditional methods for receiving and responding to emergencies, viewing our system solely as a supplementary convenience. Digivoice is not responsible for any lack of notification, preparedness, damage, injury, or death resulting from the limitations of this feature. It is not intended to replace traditional emergency alert services provided by FEMA or the FCC.

2. 911 Emergency Dialing

3. Service Description

 

3.1 Service Requirements

The Service requires equipment obtained through Digivoice or a third party that allows you to place and receive calls using your high-speed Internet connection. Digivoice may or may not provide or support your high-speed Internet connection, which you must supply at your own expense. We recommend that your high-speed connection have a capacity of at least 120 Kbps upstream and downstream per channel or “line.”

 

Because the Service depends on your high-speed connection, the correct configuration of the Equipment, and an adequate power supply, Digivoice does not guarantee continuous availability of phone service. You acknowledge and understand that the Service will not function in the absence of electrical power or if there is an interruption of your high-speed Internet connection. A power failure may require you to reset or reconfigure your Equipment or other devices in order to restore the Service.

​

3.2 Service Limitations

You understand and acknowledge that the Service may not be compatible with all non-voice communications equipment, including (but not limited to) home security systems, medical monitoring equipment, fax machines, satellite television systems, and computer modems. You waive any claim against Digivoice for interference or disruption of such services and equipment.

​

3.3 Service Term

The Service is offered on a month-to-month basis, beginning on the date Digivoice activates the Service, and it automatically renews on a monthly basis. You may cancel the Service at any time by contacting Digivoice at 435-688-2980. If you cancel Service before the end of a monthly term, you will not receive a refund for the remainder of that month. You will be responsible for paying charges through the cancellation date, including all applicable fees and usage charges. Expiration of the term or cancellation of Service does not excuse you from paying all unpaid, accrued charges due under this Agreement.

​

3.4 Service Distinctions

The Service is not a telecommunications service, and important distinctions exist between telecommunications service and the Service. In addition, the Service receives different regulatory treatment compared to telecommunications service, which may affect your rights before regulatory agencies.

​

3.5 Your Responsibilities

You acknowledge and agree that you are fully responsible for all use of your account, and you accept full liability for the actions of anyone who uses the Service via your account, with or without your permission. You should safeguard your usernames and passwords, as well as the identifier of your Equipment (the “MAC address”), which Digivoice uses to authenticate your account. Some of your calls will be transmitted over the public Internet, and you acknowledge that the Internet is not a secure network—third parties may be able to intercept, monitor, or corrupt information you transmit over the Internet.

3. Service Description

​4. Use of Service

 

4.1 Resale and Transfer

You are expressly prohibited from reselling or transferring the Service, Equipment, or software to any other person for any purpose, without express written permission from Digivoice in advance.

​

4.2 Business Use

The Service is intended for normal business use. You are expressly prohibited from using the Service for autodialing or telemarketing (including, without limitation, charitable or political solicitation or polling). Digivoice may, in its sole discretion, suspend or cancel your Service for activity including (but not limited to):

  • Any action that may endanger our network.

  • Any action or inaction that violates any law or statute.

  • Excessive robo-calling or automated calling (spam calling).

  • Complaints from customers or other parties regarding your calling practices.

  • Prank calling.

  • Hacking or unauthorized data access in our system, or using our system to access any other party’s information without consent.

​

4.3 Network Integrity and Security

You are expressly prohibited from any use of the Service or any action that, in Digivoice’s sole discretion, poses a risk to the network integrity or security of Digivoice or its vendors, whether directly or indirectly. Digivoice may terminate your Service immediately, without advance notice, if it determines your actions could cause a network disruption or security breach.

​

4.4 Length of Call Limitation

There is currently an 8-hour per call limitation on our system. This is for security and quality control. If you require calls longer than 8 hours, please contact us at 435-688-2980 or visit https://digivoice.com/support to let us know.

​

4.5 Calling Limitations

Digivoice does not support certain call types offered by traditional phone services, including (but not limited to) 0+ calling (such as collect or third-party billing), 900 and 976 calls, or 10-10 “dial-around” calls. The Service may not support 311, 511, or other x11 services (other than 911, 988, or 411) in some or all Service areas.

​

4.6 Use Outside the United States

The Service is intended for use in the United States only. If you remove the Equipment to a country other than the United States, you do so at your sole risk—this may include the risk of violating local laws where you relocate. Use of the Service is expressly prohibited where it violates local law, and you are personally liable for any such violations. Digivoice reserves the right to terminate your Service immediately and without notice if it determines you are using the Service in violation of local laws.

​4. Use of Service

5. International Calling Service

 

5.1 Financial Responsibility

Digivoice offers international calling to most countries not on our high-risk blacklist. This feature is available by opting in through Digivoice Support. International calls are considered any call made to or from outside the 48 contiguous United States. By requesting or using Digivoice for international calls, you agree to the following terms and conditions:

 

Costs Beyond $50: Any costs incurred from international calls that exceed $50 per month are your full responsibility. Additional minutes beyond $50 of usage per month will be billed in the next billing cycle.

 

Monitoring Usage: It is your responsibility to monitor monthly usage and keep it under the stated threshold to avoid additional charges.

​

International Rates Sheet: A detailed list of per-country rates is provided in the International Rates Sheet.

​

5.2 International Legal Compliance

You are obligated to ensure that any international calls you make comply fully with all local, federal, and international laws, as well as the laws of the destination country. Digivoice service must never be used in violation of these laws. Any such violation will be deemed a breach of these Terms of Service and may result in immediate termination.

​

5.3 Rates and Special Regions

For detailed rates on international calls, please see our International Rates Sheet. Calls made to or originating from Hawaii and Alaska have unique long-distance rates, and are also subject to the $50 monthly limit. By using Digivoice’s international calling service, you acknowledge your understanding and acceptance of these terms and any associated risks. For any questions about international calling, contact Digivoice at 435-688-2980.

5. International Calling Service

6. Unlawful and Prohibited Use

You agree to use the Service only for lawful purposes. You are expressly prohibited from using the Service to transmit or receive any communication or material that, in Digivoice’s sole judgment, would constitute or encourage conduct that is criminal, creates civil liability, or otherwise violates any applicable law. You acknowledge neither Digivoice nor its vendors are responsible for the content that may pass through the Service.

​

You are expressly prohibited from using the Service or Equipment for any abusive or fraudulent purpose, including interfering with Digivoice’s ability to provide Service to others or avoiding your own obligation to pay. Digivoice may terminate your Service without advance notice if it believes you have violated these restrictions or if you act in a threatening, obscene, harassing, or abusive manner toward Digivoice personnel.

​

You are liable for all use of the Service by any person on your account and agree to indemnify and hold Digivoice harmless from any liability arising from such use. If Digivoice, in its sole discretion, suspects a violation of the above restrictions, it may forward your personally identifiable information to the appropriate authorities, and you consent to such disclosure.

6. Unlawful and Prohibited Use

7. Account Ownership and Access Levels

Each Digivoice account has an Account Owner who is the one who originally signed up for service. This person certifies that they are authorized to act on behalf of their company to enter into an agreement. The Account Owner bears ultimate responsibility for maintaining an accurate list of authorized users and promptly informing Digivoice of any changes to prevent unauthorized access.

 

The Account Owner is expected to regularly review and update user permissions (e.g., when employees leave or responsibilities shift) to ensure only valid users have access to sensitive account information. By doing so, the Account Owner can help protect the account from fraudulent or unauthorized activities.

 

Below are typical access roles and their capabilities that can be assigned to other users of the service:

​

  • Account Owner
    Holds full control over account management, billing, and user permissions. Cannot remove other Account Owners without mutual consent.

  • Authorized User
    Similar to an Account Owner but cannot close the account or add new Authorized Users.

  • Billing User
    Manages all billing activities and adds extensions but cannot modify security settings or call flows.

  • Support User
    Limited to a specific extension. Can troubleshoot and manage personal settings for their own extension but cannot affect system-wide features.

  • Agent/MSP
    Permissions are defined by the Account Owner. May have either full or restricted access, depending on the business arrangement and the Owner’s preferences.

  • No Access
    Completely blocked from account visibility or interaction. Commonly assigned to terminated employees or users deemed malicious.

​

Ensuring each user is assigned an appropriate role—and that Digivoice is notified when role changes are needed—allows for more robust security and helps prevent unauthorized account actions. The Account Owner is solely accountable for supervising all user permissions, updating them as necessary, and ensuring compliance with Digivoice’s Terms of Service.

7. Account Ownership and Access Levels

8. Account Transfers and Changes in Ownership

This section (Account Transfers and Changes in Ownership) applies to all Digivoice customer accounts undergoing an ownership change, such as a sale of the business, rebrand or company name change, mergers/acquisitions, or a change in personal or corporate ownership. To initiate an account change, please contact Digivoice Support.

​

8.1 Definitions

Current Account Holder (“Old Owner”): The individual or legal entity currently registered with Digivoice as the primary account owner.

New Account Owner: The individual or legal entity assuming ownership and responsibility for the Digivoice account.

​

8.2 Initiating a Change of Ownership

Ownership Request: To request an ownership change, the Current Account Holder must contact Digivoice Customer Support. Digivoice generally recognizes the Current Account Holder as the person or entity that originally signed up for the service, regardless of internal business changes or structure.

​

Contact Details: All initial communications should be directed to Digivoice’s designated support channels at https://digivoice.com/support.

​

8.3 Required Documentation and Authorization

Authorization Form: Both the Current Account Holder and the New Account Owner will be required to complete and sign a Digivoice Authorization of Account Transfer form. This form is provided to you upon request of a transfer.

 

Supporting Documents: Depending on the nature of the transfer or the status of the Current Account Holder, Digivoice may require additional documentation, which can include but is not limited to:

  • Corporate transfer documentation

  • Proof of purchase or sale agreement for the business

  • Power of attorney or executor of estate documentation

  • Death certificate (if relevant to the ownership change)

​

Verification: Digivoice may verify the identity and authority of each party via email, phone, or other secure methods.

​

8.4 Legal Compliance and Review

Compliance Check: Digivoice may review the submitted forms and documentation to ensure compliance with legal and regulatory requirements.

​

Denial or Delay: If the required documents are incomplete, insufficient, or raise questions, Digivoice may request further information or documentation. Digivoice reserves the right to deny or delay an ownership transfer if conditions are not fully met or verified.

​

8.5 Processing and Effective Date

Account Updates: Upon approval and confirmation by Digivoice, all relevant account details (billing, contact information, user permissions, etc.) will be updated to reflect the New Account Owner.

​

Effective Date: The official ownership transfer date is determined by Digivoice, typically after all documents are verified and final confirmation has been sent to both parties.

​

8.6 Responsibilities of the New Account Owner

Acceptance of Terms: By assuming ownership, the New Account Owner agrees to be bound by all existing Digivoice Terms of Service, including any accrued charges, fees, or obligations not settled prior to the effective transfer date.

​

Future Account Management: The New Account Owner must update any authorized users, passwords, and billing information as needed to maintain secure account access.

​

8.7 Responsibilities of the Old Owner

Outstanding Balances: The Current Account Holder remains responsible for all charges and fees incurred up to the transfer’s effective date unless otherwise indicated and agreed upon in the transfer documents.

​

Cooperation: The Old Owner must cooperate in providing required signatures, documentation, and confirmations to facilitate a smooth transfer.

​

8.8 Account Recovery If Owner Becomes Unavailable

Unavailable Owner: If the listed Account Owner cannot be reached, is deceased, or otherwise incapacitated, the requesting party must provide satisfactory legal documentation (e.g., executor of estate, court order) proving authority to manage or assume the account.

​

Digivoice Discretion: Digivoice will review the legitimacy of the request and documentation; if approved, Digivoice may update the account ownership according to the procedures described above.

​

8.9 Rebrand and Company Name Changes

Notice of Rebrand: If your organization undergoes a name change, you must notify Digivoice promptly. Digivoice may require updated documentation (such as a certificate of amendment) to reflect the new legal name.

​

No Service Interruption: Typically, straightforward rebrand requests that do not involve changing the fundamental ownership structure will not disrupt your Service, though Digivoice reserves the right to request additional information or documentation if confusion arises.

​

8.10 Limits and Additional Terms

No Partial Transfers: Unless explicitly agreed upon in writing by Digivoice, partial transfers of billing responsibility or selective user transfers may not be permitted.

​

Security and Privacy: Any changes must be handled in compliance with Digivoice’s security protocols. Digivoice will not disclose account details or alter ownership without following these standardized procedures.

​

Refusal of Transfer: Digivoice reserves the right to refuse or delay an ownership change if it appears fraudulent, unauthorized, or poses undue risk to Digivoice or its customers.

​

Indemnification: You agree to defend, indemnify, and hold Digivoice, its affiliates, and agents, and any other service provider(s) who assist or facilitate in the transfer of services, harmless from claims or damages relating to or arising from the transfer process. Digivoice does not participate in internal company disputes or disagreements and will only facilitate transfer of services when both parties have mutually agreed upon the terms. Digivoice reserves the right to immediately terminate service arising from account ownership disputes.

8. Account Transfers and Changes in Ownership

9. Call Centers, Cold Calling, and High-Volume Usage

9.1 Definition of “Call Center” or “Cold Calling”

A “call center” is defined as any entity (business or individual) that places calls to people or companies without their prior request or permission, commonly referred to as “cold calling.” This includes, but is not limited to, telemarketing, lead generation, and solicitation calls. Digivoice reserves the right to, in its sole discretion, define a customer as a “Call Center”.

​

9.2 Call Center Compliance Requirements

Do Not Call Lists: If you operate a call center (or any form of cold calling), you must comply with all local, state, and national laws and regulations, including the National Do Not Call Registry. You agree to regularly update your do-not-call list and maintain any internal do-not-call policies.

​

Policy Availability: You agree to provide Digivoice a copy of your internal do-not-call policies upon request.

 

No Spam/Scam Campaigns: Digivoice does not tolerate spam, scam, or misleading call campaigns. We reserve the right to review or audit your call records or practices to ensure compliance with these Terms.

​

Liability: Companies or individuals using Digivoice for any cold calling or telemarketing activity bear full responsibility for their actions and for complying with all applicable laws, regulations, and these Terms of Service.

 

Service Termination: Digivoice may immediately terminate or suspend your Service if we determine, in our sole discretion, that you have engaged in unlawful calling practices, violated these Terms, or failed to comply with relevant regulations.

​

9.3 High-Volume Usage Threshold (40,000 Minutes)

In addition to call center policies, Digivoice classifies any customer as a High-Volume User once they collectively exceed 40,000 minutes of outbound and inbound calls in a single billing cycle. This threshold applies broadly and is not limited to telemarketing or cold-calling activities.

​

Notification and Compliance: Digivoice may notify you as you approach 40,000 minutes. If you exceed this threshold, you may be subject to additional requirements, fees, or rate adjustments in the subsequent billing cycle. If your usage pattern also indicates telemarketing or cold calling, you must abide by the compliance requirements listed above, including do-not-call list maintenance.

​

Plan Adjustments: Upon exceeding 40,000 minutes, Digivoice reserves the right to modify or reclassify your plan to a higher usage tier. We will provide you with details about any new plan or fees that may apply 30 days prior to making any adjustments for you to be able to decide how to proceed.

​

Violation of Law or Policy: Exceeding 40,000 minutes alone will not result in suspension; however, if Digivoice has reason to believe your high-volume usage violates these Terms or applicable laws (e.g., repeated spam complaints, illegal robocalls), Digivoice may immediately suspend or terminate your Service.

9. Call Centers, Cold Calling, and High-Volume Usage

10. Telemarketing, Robocalling, and AI Usage

10.1 Prohibited Automated Calling Methods

Robocalling and AI: Digivoice strictly prohibits the use of automated dialing systems, robocalling, or AI-driven outbound calls that contact non-customers who have not explicitly consented to receive such calls.

 

Explicit Consent: If you use AI or any form of automated technology to place calls, you must obtain clear and explicit prior consent from each recipient. You must maintain verifiable records of consent and comply with all TCPA (Telephone Consumer Protection Act) requirements, as well as any other relevant regulations.


Unsolicited Outbound Calls: Unsolicited AI or robocalls to individuals on a do-not-call list or to those who have not opted in are a direct violation of these Terms of Service and will result in immediate termination, potential fines, and legal action.

​

10.2 Spam-Likely Ratings and Reputation Management

Third-Party Spam Scoring: Many carriers and mobile networks use algorithms and databases to label phone numbers as “spam likely” or “scam likely.” Digivoice does not control how other providers or external databases create these designations.

​

Contributing Factors: Short calls, mass-dialing with minimal connection, failing to leave voicemail, unsolicited messaging, and large volumes of negative call feedback can negatively affect your caller ID reputation, resulting in “spam likely” tagging.

​

No Capability to Alter Third-Party Ratings: Digivoice has no capability to modify or remove these external spam ratings on your behalf. If your number has been flagged or labeled as spam, you must address it directly with the third-party carriers or reputation monitoring services.

 

Compliance and Best Practices: To minimize the risk of spam labeling:

  • Comply fully with federal and state telemarketing laws and regulations.

  • Leave voicemails when appropriate and respect do-not-call requests.

  • Use clear opt-in consent for any automated or AI-driven calling campaigns.

  • Monitor your outbound call quality and avoid excessive short-duration calls.

 

These items are listed as recommendations and do not guarantee that your number will not receive a ‘Spam Likely’ tag from other carriers.

​

10.3 Additional Disclaimers

Immediate Termination: Digivoice may immediately terminate or suspend your Service without notice if you engage in spam calls, scam calling, AI-driven unsolicited calls, or otherwise violate these telemarketing policies.


Legal Liability: You remain solely liable for any damages, fines, or legal claims arising from unlawful telemarketing, robocalls, or misuse of AI in inbound or outbound calling.


Monitoring and Auditing: Digivoice reserves the right to monitor your call usage for compliance and to audit call records if we suspect any violation of these policies or applicable laws.

10. Telemarketing, Robocalling, and AI Usage

11. Messaging Services and 10DLC

11.1 Registration Requirements

Digivoice and by extension, our customers, are subject to fees and compliance costs imposed by third-party networks, mobile carriers, and regulatory bodies to facilitate the delivery of messages through 10DLC (10-Digit Long Code) services. 

 

These requirements are established to ensure transparency, reduce spam, and maintain industry-wide standards for application-to-person (A2P) messaging. The Campaign Registry, serving as the designated 10DLC registration authority, coordinates with mobile carriers and enforces guidelines set forth by the Federal Communications Commission (FCC) and industry trade groups. 

 

This process mandates businesses to register their brands and campaigns to verify message legitimacy, reduce filtering, and ensure messages pass through carrier networks without disruption.

​

Mandatory Fees

  • Brand Registration: Fifteen dollars ($15)

  • Campaign Registration: Ten dollars ($10)
    You agree to pay these non-refundable fees to initiate or maintain your 10DLC messaging service.

​

Required Information

  • Legal Business Name

  • Employer Identification Number (EIN)

  • Physical Address

  • Owner/Manager Contact Information
    You must provide accurate and up-to-date details. If this information changes, you must promptly notify Digivoice so your 10DLC registration can be updated or re-verified, as required by carriers and industry regulations.

  • Samples of intended Text Messages

  • A valid Privacy Policy and Terms of Service

​

11.2 Service Limitations

Throughput Limits

Digivoice SMS permits One (1) message per second with a maximum three thousand (3,000) messages daily. Exceeding these limits may result in throttling, temporary suspension of messaging services, or additional carrier-imposed fees.

​

Campaign Modifications: Campaign content or scope changes require fourteen (14) business days for processing. During the review period, outbound messaging may be restricted, or additional carrier forms may be needed.

​

Registration Timeline and Additional Fees: The Campaign Registry is very thorough in it's review and may send modification requests or rejections to your campaign registration. Any additional fees incurred for re-registration is the responsibility of the Customer. Approval process can sometimes take up to four (4) weeks. Outbound SMS and MMS may not be deliverable during this period.

​

11.3 Compliance and Liability

Regulatory Compliance: You must comply with all federal, state, and local laws, including the Telephone Consumer Protection Act (TCPA), CTIA guidelines, and any other relevant regulations. You remain solely responsible for verifying and maintaining compliance with any applicable laws (e.g., opt-in, opt-out requirements, SHAFT* content restrictions).

​

Brand and Campaign Verification: Digivoice or its carriers may require re-verification if your ownership, address, or other registration details change. Failure to comply with verification processes may result in immediate suspension or blocking of outbound messages.

​

No Transfer or Sharing: You may not share or transfer a registered brand or campaign to a different business entity without going through a new registration and verification process. Each franchise or branch with a distinct EIN must register separately.

​

Outbound Message Blocking: Carriers, aggregators, or external databases may block or label your messages as spam without notice. Digivoice has no control over these decisions and cannot override or remove such labels. You acknowledge that repeated complaints or non-compliant messaging may lead to carrier blacklisting, fees, or permanent suspension.


User Responsibility and Indemnification: You assume all liability for the content of your messages and any spam, scam, or illegal activity arising from your 10DLC campaigns. You agree to indemnify, defend, and hold harmless Digivoice from any claims, penalties, or damages resulting from your violation of these messaging policies or third-party carrier requirements.

​

11.4 Fees, Fines, and Penalties

Carrier-Imposed Fees: Carriers or aggregators may impose additional fees, penalties, or surcharges related to 10DLC or to excessive spam complaints. You are solely responsible for these charges.


Digivoice Assistance: Digivoice may offer guidance or “concierge services” for carrier rejections, appeals, or campaign modifications but does not guarantee a particular outcome. Any additional fees imposed by carriers or third parties for handling appeals, re-registrations, or expedited reviews are your responsibility.

​

11.5 Suspension and Termination

Non-Compliance: If you fail to meet 10DLC requirements, violate laws/regulations, or refuse to pay associated fees, Digivoice may suspend or terminate your messaging services immediately.


Network or Regulatory Mandates: Digivoice may also modify or suspend service without notice to comply with new industry rules, protect network integrity, or address urgent carrier demands.


Effect of Suspension: During suspension, you cannot send outbound SMS/MMS, and your existing campaigns may be blocked or deactivated at the carrier level.


Data Storage

  • Call detail records, logs, or messaging records may be subject to immediate deletion upon termination. You acknowledge that once deleted, data cannot be recovered.

​

*SHAFT content means messages containing Sex, Hate, Alcohol, Firearms, or Tobacco references that are disallowed or require special compliance under various regulations and carrier policies.

11. Messaging Services and 10DLC

12. API Usage, Rate Limits, and Integration Requirements

Digivoice provides an Application Programming Interface (API) to facilitate legitimate business integrations with our telecommunication services. Use of the API and any related integrations is subject to the terms outlined below:

​

API Credentials and Permitted Use: Digivoice may issue API keys or tokens to authorized users. You must safeguard these credentials and ensure they are not shared, exposed, or used by unauthorized parties. Any use of the API must support your legitimate business needs, such as integrating with your CRM or other approved systems. Reverse-engineering or abusing the API—including sending excessive or malicious requests—is strictly prohibited.

​

Data Protection and Security: You are responsible for any data obtained or transmitted through the API, including protecting any confidential or personally identifiable information. Integrations must not compromise Digivoice’s network security or violate user data privacy. Digivoice reserves the right to request security audits or additional documentation to confirm compliance if needed.

​

Rate Limiting: To maintain optimal performance, Digivoice may impose rate limits on API requests, call frequency, or messaging volume. If you exceed these published or contractual limits, Digivoice may throttle, suspend, or terminate the affected service. We will make reasonable attempts to notify you if repeated or egregious violations occur.

​

Integration Requirements: Integrations with Digivoice services must follow Digivoice’s documented guidelines and recommended practices. While we strive to support commonly used platforms and applications, Digivoice makes no warranty that our API will be compatible with all third-party software or hardware. You are solely responsible for testing, maintaining, and updating your integrations to remain compliant.

​

Revocation of Access: Digivoice reserves the right to revoke or suspend API access at any time if we detect violations of these terms, security concerns, or any activity that poses a risk to our network or users. Such measures may be taken immediately and without prior notice to protect our infrastructure and customer data.

12. API Usage, Rate Limits, and Integration Requirements

13. Authentication and Password Policies

13.1 Multi-Factor Authentication (MFA)

Availability: Digivoice provides MFA as an additional security measure to help protect your account from unauthorized access.

​

User Responsibility: You are strongly encouraged to enable MFA on your account, especially if you have access to sensitive data or high-level account permissions. You remain responsible for maintaining the security of your login credentials and any secondary authentication methods (e.g., SMS codes, authenticator apps, security tokens).

No Guarantee: While MFA significantly improves account security, Digivoice does not guarantee it will prevent all forms of unauthorized access or data breaches. You must adopt additional security practices, such as updating your operating system, antivirus software, and firewall settings to maintain the security of your acc ount.

13.2 Password Policies

Complexity Requirements: Passwords must meet minimum complexity rules set forth on the Digivoice login page, which include:

  • A minimum length of 12 or more characters.

  • A combination of uppercase and lowercase letters.

  • At least one numeric digit.

  • At least one special character (e.g., @, #, $, %).

 

Confidentiality: You must not share your password with anyone not authorized to access your account. If you suspect your password has been compromised, immediately change it and notify Digivoice if unauthorized activity is detected.

Regular Updates: Digivoice recommends changing passwords periodically (e.g., every 90 days) to reduce the risk of unauthorized access. Consider using a reputable password manager to maintain unique, complex passwords for different services.

​

Enforcement and Liability: Failure to comply with these Authentication and Password Policies may result in suspension or termination of your Service, particularly if security breaches occur as a consequence of weak or shared credentials. Digivoice shall not be held liable for losses or damages resulting from inadequate password practices, failure to enable MFA, or unauthorized access due to user negligence.

​

Best Practices: (Recommended)

  • Use Unique Passwords: Avoid reusing passwords across different accounts or platforms.

  • Enable MFA Everywhere: Whenever possible, enable MFA on all of your critical online accounts, not just Digivoice.

  • Monitor Account Activity: Regularly review your account logs and settings to identify any suspicious activity.

13. Authentication and Password Policies

14. Tampering

You agree not to change the electronic serial number or equipment identifier (if any) of the Equipment or perform a factory reset without express written permission from Digivoice. You also agree not to disrupt the Service or use it in any manner inconsistent with its intended purpose. Digivoice may terminate your Service without notice if you tamper with the device.

14. Tampering

15. Theft of Service

You agree to notify Digivoice immediately if the Equipment is stolen or if you become aware that your Service is being stolen or fraudulently used. You must provide a detailed account of the circumstances and any documentation requested by Digivoice. Failure to do so promptly may result in Service termination and additional charges.

15. Theft of Service

16. Alternative Interface Devices

If you choose to use the Service with an interface device not provided or supported by Digivoice (which Digivoice reserves the right to prohibit), you warrant that you possess all required rights and licenses to use that device. You agree to indemnify and hold Digivoice and its vendors harmless from any liability arising from your use of such a device. Digivoice has no obligation to support or service the use of alternative interface devices and may, at its sole discretion, refuse to provide necessary configuration details for these devices.

16. Alternative Interface Devices

17. Audit and Law Enforcement

Digivoice reserves the right to audit your use of the Service to ensure compliance with this Agreement. Digivoice may track and monitor your Service usage to the extent allowed by the United States Patriot Act, other laws, and lawful processes. You acknowledge and agree that this Agreement serves as notice of such monitoring if notice is required under any federal or state law. While Digivoice strives to protect customer privacy, we may be unable to provide notice of certain law enforcement requests. Please review our “canary” page for additional information.

17. Audit and Law Enforcement

18. Call Recording and Recording Usage

Digivoice does not enable call recording unless specifically requested by you, the account holder. Digivoice does not record calls for any reason unless notified by an authorized Digivoice representative or when required under the “Audit and Law Enforcement” provision.

​

If you have call recording features enabled on your account, you agree to comply with all federal and state laws regarding call recording, including but not limited to:

  • Proper notification of called parties (employees, customers, other callers).

  • Proper storage, sharing, reviewing, and deletion of recorded calls.

  • Compliance with all telecommunication recording laws.

 

Digivoice is not responsible for enforcing legal or regulatory compliance regarding call recording for your account or your customers. Digivoice cannot provide legal advice and these recommendations do not constitute as such. We recommend you consult with a lawyer to ensure you are compliant with data retention, recording, and notification laws and regulations.

​

See https://digivoice.com/privacy for more information.

18. Call Recording and Recording Usage

19. Data Storage Locations and Retention Policies

Data Storage: Digivoice is proud to only store all data including call logs, voicemails, SMS and MMS, and any other account related data on servers located in the United States. Some clients who require faster data connections to customers in other locations may, where necessary, have data stored with trusted third-party providers in other countries. This only occurs with written notice to the customer and is optional. 

 

Digivoice may use third-party vendors for administrative and business functions who have different data practices. Please see our Privacy Policy for more information.

 

Retention: Unless otherwise specified, these records may be retained for up to 12 months from creation, after which they may be automatically deleted or archived.

​

Deletion Upon Termination: Upon account termination, Digivoice may delete all associated data immediately or within a short window as described in Section 22.5 (Data Retention After Termination).

​

Right to Delete: Digivoice grants the right to have your data permanently deleted to the fullest extent of the law when permitted in your jurisdiction. Customers may make a written request to support@digivoice.com for their data to be deleted. For security purposes, this request must come from the Account Owner.

19. Data Storage Locations and Retention Policies

20. HIPAA Compliance

20.1 Business Associate Agreement (BAA)

By utilizing Digivoice services to transmit, store, or manage Protected Health Information (PHI), you acknowledge and agree to the following:

a. A signed and executed Business Associate Agreement (BAA) is required before transmitting any PHI through Digivoice services.

b. The BAA must be in effect prior to the initiation of any PHI-related services.

c. You are responsible for notifying Digivoice immediately if your account requires HIPAA compliance, or if PHI will be transmitted, stored, or processed through Digivoice systems.

d. Digivoice may require service modifications or additional security measures to ensure ongoing HIPAA compliance, which may affect service functionality or availability.

e. Additional fees may apply for HIPAA-compliant features, including enhanced security protocols, data encryption, and auditing services.

​

Failure to comply with this section, or to notify Digivoice regarding PHI transmission, may result in service suspension or termination. Digivoice disclaims all liability for unauthorized PHI transmission conducted without an active and signed BAA in place.

​

20.2 PHI Handling and Security 

Digivoice implements the following safeguards for HIPAA-compliant accounts:

a. Encryption of data in transit and at rest
b. Access controls and audit logging
c. Regular security assessments
d. Employee training on PHI handling

e. Secure backup and recovery procedures

Additional standards and safeguards are available in our Associate Agreements.

​

20.3 Customer Obligations

HIPAA-covered entities must comply with the following obligations in order to maintain their status with HIPAA Compliance and Digivoice.

a. Maintain their own HIPAA compliance program

b. Train staff on proper PHI handling

c. Report any potential breaches immediately

d. Use only secure transmission methods

e. Regularly review access logs and security settings

f. Comply with the agreements set forth in their own BAA with Digivoice

​

20.4 Scope of HIPAA Compliance and Limitations:

Digivoice provides services that can be configured to meet HIPAA requirements for the secure transmission and storage of PHI; however:

a. Digivoice does not provide legal, regulatory, or operational guidance on achieving full HIPAA compliance across your organization. The execution of a BAA with Digivoice applies solely to data within Digivoice’s systems and services.

b. You remain solely responsible for ensuring that all other aspects of your operations, technology stack, and data handling procedures comply with HIPAA regulations.

c. The existence of a BAA does not guarantee that all uses of Digivoice services meet HIPAA requirements. It is your responsibility to ensure PHI is handled appropriately and that Digivoice services are used in compliance with all relevant regulations by following your BAA.

d. Digivoice disclaims liability for any HIPAA violations occurring outside the scope of services directly provided by Digivoice under the BAA.

​

Digivoice recommends consulting with qualified HIPAA compliance professionals to ensure your broader operations and workflows adhere to regulatory requirements.

20. HIPAA Compliance

21. Intellectual Property Rights

21.1 Digivoice Ownership

Digivoice retains exclusive ownership of all intellectual property related to its Service, including but not limited to:

  • Software and Technology (source code, firmware, and applications)

  • APIs and Integrations (application programming interfaces and connectors)

  • Documentation and Marketing Materials (user guides, help resources, promotional assets)

  • Custom Configurations (unique setups, workflows, or scripts and recordings created by Digivoice)

  • System Improvements and Modifications (updates, bug fixes, new features, and enhancements)

​

21.2 Customer Rights and Ownership

  1. Call Recordings and Data

    • Any call recordings, voicemails, SMS/MMS, or data generated via the Service (e.g., voice recordings, usage logs) are owned by you, the customer, subject to applicable privacy regulations and the data retention policies set forth in this Agreement.

  2. Contact Lists and Databases

    • Any contact lists or databases uploaded or integrated into Digivoice remain the property of the customer.

  3. Other data previously owned by you

    • Any data uploaded by you or your company that was previously owned by you or your company.

​

21.3 License Terms

  1. Limited, Non-Exclusive License

    • Digivoice grants you a limited, non-exclusive, and non-transferable license to use its proprietary software, APIs, and other intellectual property strictly for legitimate business purposes in conjunction with the Digivoice Service.

  2. No Modification or Redistribution

    • You may not modify, copy, distribute, sell, or otherwise exploit Digivoice’s software, APIs, or documentation for commercial gain or in a manner not expressly authorized by Digivoice.

  3. Termination

    • This license automatically terminates when you cancel or otherwise discontinue the Digivoice Service. Upon termination, you must cease all use of Digivoice’s software, technology, and related materials.

​

21.4 Open Source and Third-Party Software

Digivoice’s services may incorporate open-source software, libraries, or technologies licensed under GPL, MIT, or similar licenses. These components are used in accordance with their respective licenses, and Digivoice acknowledges the rights and ownership of the original authors.

​

A full list of open-source software and third-party licenses utilized in Digivoice’s services is available upon request. To obtain this information, please contact Digivoice Support at support@digivoice.com.

​

By using the Digivoice Service, you acknowledge the inclusion of such open-source components and agree to comply with any applicable terms associated with their use as well as the scope of ownership and licensing outlined above.

21. Intellectual Property Rights

22. Local Number Portability

If you transfer to Digivoice an existing phone number currently subscribed to a carrier other than Digivoice, the following terms and conditions apply:

  1. Authorization to Transfer

    • You hereby authorize Digivoice to notify your local telephone company of your decision to switch local services to Digivoice and to transfer your telephone number. You represent that you have the authority to take this action.

  2. Installation and Activation

    • You acknowledge and agree that you must successfully install and activate your Equipment prior to the date the number switch becomes effective.

  3. Refusal of Number Import

    • Digivoice reserves the right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support that number.

  4. Ongoing Charges

    • You remain solely responsible for any charges incurred with the original telephone company during the transfer period, regardless of any delays from any party.

​

22.1 Letter of Authorization

When signing up for service, you authorize Digivoice to generate a Letter of Authorization (LOA) on your behalf. This LOA uses your signature from signup to port the requested numbers from your previous carrier(s), and you represent that you are an authorized agent to do so on behalf of your company. Digivoice will only port the numbers requested in our signup form unless otherwise directed.

​

22.2 Porting a Number Out

We will allow any number you have on our network to port out to another carrier. If we receive a port-out request, we will contact you to confirm whether you initiated the request. Upon confirmation, we will promptly approve the port. You will need a Port Out PIN number for multi-factor authentication to protect your account which can be obtained by contacting Digivoice.

​

22.3 Telephone Number Use and Release

You may do as you wish with any phone number assigned or ported by Digivoice, provided you comply with these terms of service and all local, state, and federal laws. Upon Service termination, Digivoice will release your number to any carrier you designate, provided your account is current and we can verify the port request with the business owner by phone. Be sure you want to cancel because once a number is released, it may be impossible to retrieve. If you have any questions, please call us at 435-688-2980. See Section 23 for more information.

22. Local Number Portability

23. Charges and Payments

23.1 Billing

You must provide a valid credit or debit card number, pursuant to procedures specified on the Digivoice website, when the Service is activated. You authorize Digivoice to charge automatically to your credit or debit card any amounts payable by you in connection with your use of the Service. Your right to use the Service is subject to any limits established by your credit or debit card issuer or bank. Your charges/payments and any credits issued will appear on your monthly billing statement, which is sent by email.

​

You give Digivoice permission to obtain authorization for use of your credit or debit card from your card issuer or, if applicable, permission to obtain authorization to debit your account. If your card expires, you close your account, your billing address changes, or your card is canceled and replaced due to loss or theft, you must immediately notify Digivoice and provide updated, valid, unexpired billing information. It is your obligation to ensure that the account you provide has a sufficient balance or available credit to pay your Digivoice fees.

​

Initial use of the Service authorizes Digivoice to charge the card account number or debit account on file with Digivoice, as updated by any changed information related to expiration, replacement, or substitution. This authorization remains valid until 30 days after Digivoice receives your notice to terminate its authority to charge your card or debit your account, whereupon Digivoice will charge you for any outstanding amounts and terminate the Service.

 

Digivoice bills all charges and applicable taxes and fees monthly in advance or yearly in advance (except for usage-based charges, which will be billed monthly in arrears, plus any other charges that Digivoice chooses to bill in arrears) to your card or, if applicable, debits from your account. At its sole discretion, Digivoice may opt not to bill you for a small monthly balance and allow that balance to roll into your next month’s charges at no additional cost to you. Digivoice is not responsible for any overdraft or other charges imposed by your card issuer or bank due to insufficient funds. All charges will be billed or debited according to the rates and terms set forth in published materials and found on the Digivoice website.

​

23.2 Commencement of Billing

You understand that you are responsible for self-installation of the Equipment and any Service configuration once you receive the Equipment. If Digivoice ships the Equipment to you, you will be billed when the Equipment is shipped. You are encouraged to complete installation of the Service promptly to take full advantage of your Service period. You are responsible for full payment of charges on your Digivoice bill even if you do not install the Equipment or use the Service right away.

​

23.3 Price and Price Changes

We may change the prices and charges for the Service at any time. Price increases or decreases may occur without advance notice, and any new or modified pricing takes effect immediately.

​

23.4 Nonpayment Notifications and Account Suspension

  1. Failure to Pay
    We may suspend, restrict, or cancel the Services and this Agreement if you fail to pay for current or prior bills by the due date. We may also take appropriate steps or require you to take certain action if your account is, or has been, the target of fraud. Service suspension or cancellation may result in the loss of the number associated with your Service.
     

  2. Late Payment Charge
    We may add interest charges to any past-due amounts at the lower of 1.5% per month or the maximum rate allowed by law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive our right to collect the full amount owed. You agree to reimburse Digivoice for reasonable attorneys’ fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed to your credit or debit card due to insufficient funds or another reason, you will be charged an additional $25.00 (or the amount permitted by law in your state).
     

  3. Delinquency Timeline (Illustrative Example)

    • First Late Notification: Sent approximately 3 days after your payment is missed.

    • Additional Notices: If no payment is received, you may receive further notifications or reminders within 7–14 days of the missed due date.

    • Service Suspension: If the account remains unpaid, service may be suspended after a 30-day grace period from the first late notification. During suspension, you cannot place or receive any calls (including 911).

    • Account Termination: If the account is still delinquent 60 days after suspension, Digivoice may terminate your account. Termination includes reclaiming your phone number(s) and destroying servers or data associated with your account (see “Data Retention After Termination” below).

      Note: The exact timeline is subject to change or may vary depending on your billing cycle, local laws, and any other special terms or arrangements.
       

  4. Reinstatement

    • Bringing Account Current: To reinstate service, you must pay all outstanding balances in full.

    • Reinstatement Fee (may apply): In some cases and in its sole discretion, Digivoice may waive a reinstatement fee for a first offense. Repeated late payments may incur additional fees.

    • New Billing Cycle: Reinstatement will not extend or prorate your existing billing period; charges for the next billing period may still apply on the normal schedule.
       

23.5 Data Retention After Termination

If your account is terminated—whether due to nonpayment, voluntary cancellation, or violations of our Terms of Service—Digivoice may immediately delete any stored data (including but not limited to call logs, voicemails, SMS and MMS messages, recordings, or server configurations) associated with your account. Once deleted, such data cannot be recovered. You acknowledge that Digivoice is not liable for any losses or damages arising from the deletion or destruction of your data following account termination.
 

Grace Period for Data Retrieval (Post-Termination): Upon termination of your account, Digivoice may provide a grace period of up to 30 calendar days, upon written request, to allow for the retrieval of data associated with the account. This may include call logs, call recordings, SMS/MMS records, voicemails, and other stored information.
 

This grace period does not apply to accounts terminated due to egregious violations of this agreement, as determined by Digivoice. In such cases, Digivoice reserves the right to delete all account data immediately without further notice.

To request the grace period, you must contact Digivoice Support within seven (7) days of account termination. Digivoice will make reasonable efforts to honor such requests, but does not guarantee full data recovery after termination. It is best practice to retain your data before canceling your account. Charges may still apply for holding numbers for porting after cancellation. 

​

23.6 Equipment Replacement

At its sole discretion, Digivoice may send you alternative Equipment to replace Equipment you claim is defective. If your original Equipment is not received by Digivoice within 30 days of your request for replacement, you may be billed for the replacement Equipment, shipping, and other equipment related fees, and you agree to these charges.

​

23.7 Promotional Equipment

From time to time, Digivoice may offer promotional Equipment (phones, handsets, headsets, or other devices) at no cost or a discounted rate. Such Equipment, unless paid for in full, remains Digivoice property and must be kept in good condition. After three years of continuous service, ownership transfers to you. If you cancel service before the three-year term ends, you must return the Equipment immediately or face additional charges on your final bill. Any promotional equipment not returned within 30 days from the date of your cancellation will be deemed as Kept Equipment and your payment method will be charged for the full retail value of any unreturned equipment including potential applicable taxes and shipping. 

​

Promotional Equipment is optional and does not affect your monthly service charges unless otherwise stated. You may always use compatible Equipment purchased independently at your own expense.

​

23.8 Taxes

You are responsible for payment of any applicable federal, state, local, or other governmental sales, use, excise, public utility, or other taxes, Universal Service Fund fees, 911 fees, and any other charges now or in the future arising from or related to your subscription. These taxes are included on your monthly bill either as a separate line item (eg Sales Tax, USF Contribution, and Recovery) or as part of your bundle. Digivoice attempts to keep your bill simplified by bundling the tax obligation as permitted by law into your monthly seat cost to maintain billing consistency and low prices.

​

23.9 Tax Exemption

If you are exempt from certain taxes, you must provide valid documentation satisfactory to Digivoice. Tax exemption applies only from the date Digivoice receives and verifies your documentation.

​

23.10 Service Interruption

You acknowledge and agree that credit allowances for interruption of the Service will not be provided.

​

23.11 Billing Disputes

You must notify Digivoice within 60 days after receiving your credit/debit card or checking account statement if you dispute any Digivoice charges. If no dispute is received within that time, the charges are deemed accepted.

23. Charges and Payments

24. Service Cancellation

You may cancel the Service at any time by calling Digivoice at 435-688-2980. You remain liable for any accrued charges, taxes, and fees up to the date of cancellation, and you authorize Digivoice to charge these amounts to your card or debit them from your account upon cancellation.

​

If you received Equipment directly from Digivoice and you cancel your Service, you must ship the Equipment (at your expense) to the address posted at the bottom of our website, https://digivoice.com. If the Equipment not owned by you is not returned within 30 days of cancellation, Digivoice may charge you the cost of the Equipment. This charge will increase your outstanding balance or reduce any applicable service-plan refunds.

​

Any returns of Equipment purchased by retail customers are subject to the policies of the Digivoice Authorized Retail Dealer where the Equipment was purchased.

24. Service Cancellation

25. Indemnification

You agree to defend, indemnify, and hold Digivoice, its affiliates, and agents, and any other service provider who furnishes services to you or enables us to furnish services to you in connection with this Agreement or the Service, harmless from claims or damages relating to or arising out of the Service, the Equipment (including its installation), or this Agreement—specifically including, but not limited to, 911 Emergency Dialing or dialing associated with a security system.

​

You agree that Digivoice is not responsible for any third-party claims against us that arise from your use of the Service. Furthermore, you agree to reimburse us for all costs and expenses related to defending any such claims, including attorneys’ fees, unless such claims are based on our willful misconduct or gross negligence. Notwithstanding the foregoing, your indemnification obligations related to 911 Emergency Dialing are more expansive, as described in Section 2.

25. Indemnification

26. Limitations of Liability

By enrolling in, activating, using, or paying for the Service, you agree that you have read this Agreement and understand the limitations of Digivoice Service described herein. Digivoice’s liability to you on account of any act or omission by Digivoice related to this Agreement shall be limited to actual damage to real or tangible personal property, or bodily injury or death, proximately caused by Digivoice’s gross negligence.

​

Notwithstanding the foregoing, in no event shall Digivoice have any liability to you whatsoever on account of any act or omission by Digivoice related to Electronic 911 Emergency Dialing. Under no circumstances will you be entitled to any indirect, incidental, consequential, special, punitive, or exemplary damages, regardless of the form of action. Digivoice and its officers, directors, employees, agents, contractors, and representatives have no liability whatsoever for any damages or modifications to, or loss or destruction of, any of your software, files, data, or peripherals.

​

Furthermore, in no circumstances will the aggregate liability of Digivoice or its affiliates arising with respect to this Agreement exceed the total amounts paid under this Agreement by you to Digivoice in the twelve months immediately preceding the claim.

26. Limitations of Liability

27. Warranty Limitations

Except for the limited warranty set forth in the materials accompanying the Equipment, Digivoice makes no warranties of any kind regarding the Service, Equipment, or any other equipment, and expressly disclaims any implied warranties, including any warranties of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranties that the Service will meet customer requirements. Digivoice also makes no warranty that the Service will be uninterrupted or error-free.

​

Digivoice does not authorize anyone—including, but not limited to, Digivoice employees, agents, or representatives—to make a warranty of any kind on our behalf, and you should not rely on any such statement.

27. Warranty Limitations

28. Dispute Resolution by Binding Arbitration

It is important that you read this entire section carefully. 

​

This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, or through a class action.

​

Any dispute or claim between you and Digivoice arising out of or relating in any way to the Service or the Equipment provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator’s decision shall be final and binding. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. Without limiting the foregoing, the parties agree that no arbitrator has the authority to award relief in excess of what this Agreement provides.

​

No dispute may be joined with another lawsuit, or in an arbitration with a dispute of any other person, or resolved on a class-wide basis. The arbitrator may not award damages that are barred by this Agreement, including punitive or exemplary damages or attorneys’ fees. You and Digivoice both waive any claims for an award of damages that are excluded under this Agreement.

​

The arbitration shall be conducted in English in Washington County in the State of Utah, and judgment on the arbitration award may be entered in any court having jurisdiction. Either you or Digivoice may seek interim or preliminary relief from a court of competent jurisdiction in Washington County in the State of Utah to protect your or Digivoice’s rights or property pending the completion of arbitration.

 

You acknowledge that this arbitration provision constitutes a waiver of any right to a jury trial.

28. Dispute Resolution by Binding Arbitration

29. Miscellaneous

It is important that you read this entire section carefully. 

​

29.1 General Provisions

This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Failure by Digivoice to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement, and all other aspects of the use of the Service and the Digivoice website, shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its choice-of-law rules. This governing law provision applies no matter where you reside or where you use or pay for the Service.

​

This Agreement constitutes the entire agreement between you and Digivoice and supersedes all prior agreements, understandings, statements, or proposals concerning the Service, including representations, whether written or oral. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

​

29.2 Events Beyond Our Control

Digivoice will not be responsible to you for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.

​

29.3 Assignment

Digivoice may assign all or part of its rights or duties under this Agreement without notifying you. If we do so, we have no further obligations to you. You may not assign this Agreement or the Service without our prior written consent from Digivoice.

​

29.4 Privacy

Digivoice Service utilizes, in whole or in part, the public Internet and third-party networks to transmit voice and other communications. Digivoice is not liable for any lack of privacy you may experience with regard to the Service. In addition, Digivoice will provide personally identifiable customer and call detail information in response only to lawful government and law enforcement requests, subpoenas, court orders, or warrants. Please refer to our Privacy Policy at https://digivoice.com/privacy for additional information.

​

29.5 Notices

Digivoice primarily communicates with users of the Service via email. Emails from Digivoice contain important information about the Service, including billing and changes to the Service, much of which may be time-sensitive. You acknowledge that emails from Digivoice constitute official notice and that you are required to read all such messages in a timely manner to avoid potential disruption of the Service. You are also responsible for notifying Digivoice of any changes in your email address.

​

29.6 Survival

The provisions of this Agreement relating to indemnification (including those relating to 911 Emergency Dialing), limitations on liability, warranty limitations, and your obligations to pay for the Service provided shall survive any termination of this Agreement or the Service.

​

29.7 Non-Waiver

Failure by Digivoice to insist upon strict performance of any terms or conditions of this Agreement, or failure or delay to exercise any rights or remedies provided by law, shall not release you from any warranties or obligations of this Agreement, and shall not be deemed a waiver of any right of Digivoice to insist upon strict performance or any of its rights and remedies.

​

29.8 Changes to this Agreement

Digivoice may change this Agreement from time to time. We will notify the account owner of any changes by email with 30 days’ notice, and any changes will also be posted under the Terms of Service section of the Digivoice website, currently located at www.digivoice.com/Terms-Of-Service. Notice will be considered received by you, and any such changes will become binding and effective on the date the changes are posted.

 

If you continue to be enrolled in, use, or pay for the Service after any changes in the prices, charges, terms, or conditions, you agree to the changes. You may cancel the Service at any time. The Agreement as posted supersedes all previously agreed-to electronic and written terms of service, including, without limitation, any terms included with the Equipment packaging.

29. Miscellaneous

Questions?

As always, if you have any questions on concerns about your Service, about these provisions, or need any assistance,

​

Please always feel free to contact us.

Questions?
bottom of page