We updated the Vozmia Terms of Service on July 11, 2023. These changes will be effective July 11, 2023.
Capitalized terms not defined have the meaning given to them in Attachment A found at the end of this document.
A. Introduction This agreement is a binding contract between you (the customer) and Vozmia, Inc. By accepting this agreement, you agree to comply with its terms. If you don't agree, you cannot use Vozmia's services.
A. How to Order Services You can order services by submitting an order electronically through the Vozmia website or the Administrative Portal. The order will include the services you want, their prices, and the start date. Vozmia will accept your order by starting the service.
B. Services Offered Vozmia provides various services, including Vozmia MVP, Avaya Cloud Office, Rainbow Office, Unify Office, Vozmia Contact Center, Vozmia Engage Digital, Vozmia Engage Voice, Vozmia Video Pro, and Vozmia Professional Services. You can find more information about each service on the Vozmia website.
C. Equipment If available, you can buy or rent equipment from Vozmia to use with the services. The terms and conditions for equipment transactions can be found on the Vozmia website.
D. Duration of the Agreement The agreement starts on the effective date and continues until the last order form expires or is terminated.
E. Service Term and Renewal The service term begins on the start date of the initial order and continues for the initial term specified in the order. After the initial term, the services will automatically renew for the same length of time unless one party gives notice of non-renewal at least 30 days before the expiration of the current term.
A. Prices and Charges: Prices are in US dollars. Additional charges may apply if you activate additional features, exceed usage thresholds, or purchase additional services or equipment.
B. Billing and Payment: You must purchase services and equipment using a valid credit or debit card. By providing your payment information, you authorize Vozmia to charge your card for all fees and recurring payments. You are responsible for any card issuer fees or rejected payments.
C. Taxes: You are solely responsible for any applicable taxes.
D. Billing Disputes: If you dispute any charges, you must notify Vozmia within 30 days of the invoice date. Your dispute won't excuse you from paying the undisputed amount. Once resolved, you must pay any remaining amounts within 30 days. Any overpayment will be credited towards future charges or refunded upon agreement termination.
A. General Terms
Vozmia will provide the Services as described in the relevant Service Attachment. Vozmia may improve, replace, or change the features of the Services, but it will not significantly reduce the main features, functions, or security of the Services during the agreed period without the customer's agreement.
B. Customer Care
a. Customer is responsible for providing initial support to their end users. Vozmia may require the customer's helpdesk support personnel to complete online training courses provided by Vozmia at no cost.
b. Vozmia will offer remote support to the customer's helpdesk personnel and/or account administrators as second-tier support. This support is available 24/7 through the Vozmia Customer Care Center to assist with technical issues and answer questions about using the Services. Onsite support and implementation services are not included in the Vozmia Customer Care support.
c. Customers can open a support case with Vozmia Customer Care at https://www.vozmia.com/es/support. Any individual contacting Customer Care on behalf of the customer must be authorized to do so and follow Vozmia's authentication protocol.
C. Advanced Support
Customers have the option to purchase Advanced Support services from Vozmia for use with the Services. The terms and conditions for Advanced Support can be found at: https://www.vozmia.com/es/legal.
D. Managed Services
Customers have the option to purchase Managed Services from Vozmia for use with the Services. The terms and conditions for Managed Services can be found at: https://www.vozmia.com/es/legal.
E. Subcontracting
Vozmia may use its affiliates or subcontractors to provide any of the Services, but Vozmia remains fully responsible for the actions and omissions of these subcontractors as if performed directly by Vozmia.
A. Service Requirements
The Services depend on the customer maintaining adequate internet access, networks, and power as specified in Vozmia's Technical Sufficiency Criteria, available at https://www.vozmia.com/es/support. Vozmia will not be responsible for any issues with the Services if the customer's network does not meet Vozmia's Technical Sufficiency Criteria.
B. Use Policies
Customers and their end users must use the Services in compliance with this Agreement, applicable laws, and the Use Policies mentioned below, which are part of this Agreement. Customers may not use or allow others to use the Services in a way that interferes with the use of Vozmia's Services by others or the operation of the Vozmia Network. Customers are not allowed to resell the Services. Customers must ensure that their end users also comply with the Use Policies. Any violation of this Section 5B (Use Policies) will be considered a significant breach of this Agreement.
Vozmia may update the Use Policies periodically and will notify customers via the email address associated with the account. These updates will take effect thirty (30) days after the notice is sent to the customer.
i. Acceptable Use Policy
The Services must be used in accordance with Vozmia's Acceptable Use Policy, available at https://www.vozmia.com/es/legal.
However, Vozmia reserves the right to immediately suspend or limit the Services without prior notice if there is reasonable suspicion of fraudulent or illegal activity, a material breach of the Acceptable Use Policy, or use of the Services that could disrupt the functioning of the Vozmia Network. Such suspension or limitation will only be applied to the extent reasonably necessary to protect against the identified condition, activity, or use. Vozmia will promptly remove the suspension or limitation as soon as the issue is resolved and fully mitigated. If a customer anticipates legitimate but unusual activity on their account, they should contact Vozmia Support in advance to avoid any disruption in service.
ii. Emergency Services
Vozmia's policy regarding emergency services accessed through the Services is available at https://www.vozmia.com/es/legal.
iii. Numbering Policy
The provision, use, and publication of numbers used in conjunction with the Services are governed by Vozmia's Numbering Policy, available at https://www.vozmia.com/es/legal.
A. Termination for Cause
Either party has the right to terminate this Agreement and any purchased Services in whole or in part by providing written notice to the other party under the following circumstances: i) The other party breaches a significant term of this Agreement and fails to fix the breach within thirty (30) days after receiving notice. ii) A government or regulatory agency recommends termination following a change in the law or the Services. iii) The other party initiates insolvency, receivership, bankruptcy, or similar proceedings, or makes an assignment for the benefit of creditors.
B. Effect of Termination
a) If the customer terminates the Services or this Agreement due to a material breach by Vozmia (as described in Section 6(A)), the customer will not be responsible for fees or charges for terminated Services after the effective date of termination (except for any charges incurred before disconnection). Vozmia will refund the customer a prorated amount of any prepaid and unused fees for terminated Services.
b) If this Agreement or any Services are terminated for reasons other than a material breach by Vozmia or as stated in Section 14(K) (Regulatory and Legal Changes), the customer must pay all accrued amounts within thirty (30) days of termination. Additionally, the customer must pay any remaining unpaid fees for the Services for the rest of the current term, along with applicable taxes and fees.
A. Limited License
a. Vozmia grants the customer and its end users a limited, non-transferable, non-exclusive license to use the software provided by Vozmia as part of the Services ("Software"). This license is personal, revocable, and subject to compliance with the terms of this Agreement. It allows the customer to use the Software to access the Services, as long as the customer is current on payment obligations.
b. The customer and its end users are not allowed to sublicense, modify, reverse engineer, create competing software or services, or remove copyright or proprietary notices on the Software. The customer retains ownership of its intellectual property rights.
B. IP Rights
a. Vozmia's Rights
Except as provided in this Agreement, Vozmia retains ownership of the Services, related materials, and intellectual property rights. The customer is not granted any ownership or licenses, except for the limited license to use the Services as outlined in Section 7(A).
b. Customer Rights
The customer retains ownership of its intellectual property rights. The customer grants Vozmia a limited license to use its intellectual property rights as necessary to provide the Services.
c. Use of Marks
Neither party can use the other party's trademarks, service marks, or logos without prior written consent.
A. Restrictions on Use or Disclosures
During the Agreement's term and for one (1) year afterward, the receiving party must keep the disclosing party's confidential information confidential. The receiving party can only use the confidential information to fulfill its obligations under the Agreement. Each party can only disclose the other party's confidential information to employees, agents, or subcontractors who need to know it for the Agreement's performance and who are bound by similar confidentiality obligations. These restrictions do not apply to information that is publicly available, independently developed, or received without restrictions.
Upon termination of the Agreement, the receiving party must delete or return all confidential information to the disclosing party.
A. Data Privacy
Vozmia will use customer information and data collected during the provision of the Services in accordance with the Vozmia Data Processing Addendum, available at https://www.vozmia.com/es/legal. Vozmia may update the Data Processing Addendum and will notify the customer of any material changes.
B. Data Security
Vozmia will take reasonable measures to protect the customer's Account, Account Data, and Customer Content against unauthorized use or disclosure. The customer is responsible for securing their endpoints and notifying Vozmia of any fraudulent or unauthorized use of the Services. Vozmia is not liable for the unauthorized use of the customer's Account.
C. Software Changes
Vozmia may push software updates and patches to the customer's devices for installation. The customer must promptly implement these changes. Vozmia is not liable for any Service failures resulting from the customer's failure to implement the required changes.
A. Excluded Damages
To the maximum extent allowed by law, neither party or its affiliates will be responsible for certain types of damages, including indirect, incidental, consequential, exemplary, special, or punitive damages. This includes costs of obtaining substitute goods or services, loss of use, loss or corruption of data, or loss of business opportunities, profits, goodwill, or savings. This applies regardless of whether the party was informed in advance or could have reasonably foreseen such damages. Neither party will be liable for actions taken to comply with the law.
B. Direct Damages
Except as stated in this Agreement, the total liability of the parties under this Agreement will not exceed the amounts paid or payable during the previous six (6) months. However, these limitations do not apply to the customer's payment obligations, either party's liability for infringement of the other party's intellectual property rights, liability resulting from gross negligence, fraud, or willful misconduct, or the customer's liability resulting from the breach of the Acceptable Use Policy or Emergency Services Policy.
These limitations do not affect any liability that cannot be restricted or excluded by applicable law.
C. Survival
The limitations of liability stated in this section will continue to apply even after the termination or expiration of this Agreement, except as expressly stated otherwise. This includes situations where the limited warranty or available remedy fails to fulfill its essential purpose.
A. Indemnification Obligations
The customer agrees to defend and indemnify Vozmia and its affiliates against any claims brought by third parties. This includes claims arising from the customer's violation of applicable laws, unauthorized use of the Services, failure to install updates or accept modified items, or claims related to customer content. The customer will cover all damages, costs, and legal fees awarded against Vozmia in connection with such claims.
B. Defense and Indemnification Procedures
The party seeking defense or indemnification must promptly notify the other party of the third-party claim and allow the other party to control the defense and settlement of the claim. The party seeking defense or indemnification must also provide reasonable information and assistance. The indemnified party may participate in the defense at its own expense. The indemnifying party cannot settle the claim without the indemnified party's written consent unless the settlement includes a release of all claims against the indemnified party.
A. Vozmia Warranty
Vozmia will provide the Services with a reasonable level of skill and care and in compliance with applicable laws. Vozmia may pass on any warranties received for equipment provided to the customer.
B. Customer Warranty
The customer and its end users must always comply with applicable laws and this Agreement when using the Services.
C. Disclaimer of Warranties
Except as specifically stated in this Agreement and to the fullest extent allowed by law, the Services are provided "as is" and "as available." Vozmia does not provide any other warranties, whether express or implied, including but not limited to warranties of merchantability, non-infringement, quiet enjoyment, and fitness for a particular purpose. This disclaimer includes warranties arising from a course of dealing or usage in trade. If Vozmia cannot disclaim a particular warranty under applicable law, the scope and duration of that warranty will be limited to the fullest extent allowed by law.
A. Good Faith Attempt to Settle Disputes
In the event of a dispute, both parties will appoint representatives to make a reasonable and good-faith effort to settle the dispute before taking legal action.
B. Venue
If the parties are unable to resolve the dispute, any legal action or proceeding must be brought exclusively in state or federal courts located in San Francisco, California. Both parties consent to the jurisdiction of these courts.
C. Equitable Relief
If either party's intellectual property rights are breached, that party may seek injunctive relief without having to provide proof of damages.
D. Limitations
Except for actions related to non-payment or liability arising from indemnification, no claim or lawsuit related to this Agreement can be brought more than two (2) years after the cause of action arises. Any actions or proceedings must be conducted on an individual basis, and class or collective actions are waived.
A. Relationship of the Parties
Vozmia and Customer are independent contractors, and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between Vozmia and Customer.
B. Assignment
Neither Party may assign the Agreement or any portion thereof without the other Party’s prior written consent (which such consent may not be unreasonably withheld or delayed), however, either Party may assign the Agreement and all of that Party’s rights and obligations thereunder without consent (a) to an Affiliate; (b) to the Party’s successor or surviving entity in connection with a merger, acquisition, consolidation, sale of all or substantially all of its assets used in connection with the provision of Services under this Agreement; or (c) as part of the transfer or disposition of more than fifty percent (50%) of a Party’s voting control or assets. This Agreement will bind and inure to the benefit of the Parties, and their permitted assigns and successors.
C. Notices
Except where otherwise expressly stated in the Agreement, all notices or other communications must be in English and are deemed to have been fully given when made in writing and delivered in person, upon delivered email or five days after deposit with a reputable overnight courier service, and addressed as follows:
Vozmia LLC
2544 Sheridan Blvd
Lakewood CO 80214 USA
with a copy to legal@vozmia.com/es, and to Customer at either the physical address or email address associated with the Customer Account. The customer acknowledges and agrees that all electronic notices have the full force and effect of paper notices.
The addresses to which notices may be given by either Party may be changed upon written notice given to the other Party pursuant to this Section 14C (Notices) or by Customer in the Administrative Portal.
D. Force Majeure
Excluding either Party’s payment obligations under the Agreement, neither Party will be responsible or liable for any failure to perform or delay in performing to the extent resulting from a Force Majeure Event. The suspension of obligations under this Section 14D (Force Majeure) may under no circumstances be a cause of liability for failure to perform the obligation in question, nor induce the payment of damages or penalties for late payment.
E. Third-Party Beneficiaries
Vozmia and Customer agree that there will be no third-party beneficiaries to this Agreement.
F. Internal Customer Activities
Vozmia does not have any obligation to assist in or otherwise mediate in the event of any dispute between Customer representatives or Customer and any third party with respect to ownership or control of any Account or Account Data. All information within Vozmia’s records regarding the ownership or control of an Account or Account Data, Services ordered, and numbers assigned to an Account will be definitive and controlling for purposes of administering the Account. In the event of any such dispute, Vozmia may take any course of action that it deems appropriate based on the information available, which include declining to take any course of action.
Vozmia may access your Account and related data as required to provide the Services. However, Vozmia has no obligation to access your Account, Account Data or any Customer Content for any other purposes. Services do not include or consist of any investigation, review, verification, production, compilation, modification, or other similar services for any Account Data or Customer Content. Services do not include the provision of any legal, accounting, or other professional services.
G. Headings, Interpretation
The headings, section titles, and captions used in the Agreement are for convenience of reference only and will have no legal effect. All defined terms include related grammatical forms, and, whenever the context may require, the singular form of nouns and pronouns include the plural, and vice versa. The Parties agree that this Agreement will be deemed to have been jointly and equally drafted by them, and that the provisions of this Agreement therefore should not be construed against a Party or Parties on the grounds that the Party or Parties drafted or was more responsible for drafting the provision(s).
H. Governing Law
The Agreement is governed by the Laws of the State of Colorado, excluding its choice of Law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or the Customer’s use of the products or Services.
I. Anti-Bribery
Each Party represents that in the execution of this Agreement and in the performance of its obligations under this Agreement it has complied and will comply with all applicable anti-bribery Laws and regulations, including, without limitation, the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act and similar applicable Laws.
J. Export Control
Any services, products, software, and technical information (including, but not limited to, services and training) provided pursuant to the Agreement may be subject to U.S. export Laws and regulations. Customers will not use distribute, transfer, or transmit the services, products, software, or technical information (even if incorporated into other products) except in compliance with U.S. and other applicable export regulations.
K. Regulatory and Legal Changes
In the event of any change in Law, regulation, or industry change that would prohibit or otherwise materially interfere with Vozmia’s ability to provide Services under this Agreement, Vozmia may terminate the affected Services or this Agreement or otherwise modify the terms thereof.
L. Entire Agreement
The Agreement, together with any exhibits, Orders, and Service Attachments, each of which is expressly incorporated into this Agreement with this reference, constitutes the entire agreement between the Parties and supersedes and replaces any and all prior or contemporaneous understandings, proposals, representations, marketing materials, statements, or agreements, whether oral, written, or otherwise, regarding such subject.
M. Order of Precedence
In the event of any conflict between the documents comprising this Agreement, precedence will be given to the documents in the following descending order: (i) the applicable Order Form; (ii) the applicable Service Attachments; (iii) the main body of this Agreement; (iv) Use Policies and Data Processing Addendum; and (v) and any other document expressly referred to in this Agreement which governs the Services. However, with respect to data processing, the Data Processing Addendum shall take precedence over any inconsistent terms in any of the documents listed in the previous sentence.
N. Amendments
Except as otherwise provided, this Agreement may only be modified by a written amendment (provided electronically or otherwise) executed by authorized representatives of both Parties. In no event will handwrite changes to any terms or conditions, including in the applicable Order, be effective. Notwithstanding the foregoing, Vozmia may update this Agreement or any of its Equipment, Use Policies, and Data Privacy Policies from time to time and will provide notice to Customer at the email address on file with the Account. Such updates will become effective thirty (30) days after such notice to Customer. If any such update would be of material detriment to Customer and is not required by Law, Customer must inform Vozmia of its objection within ten (10) days of receiving the notice provided under this provision. If the Parties, negotiating in good faith cannot reach an agreement within thirty (30) days, either Party may terminate the portion of the Services affected by the change without penalty by written notice to the other Party. Any use of the Services after the effective date will be deemed Customer’s acceptance of the change.
O. Severability and Waiver
In the event any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision(s) will be stricken and the remainder of this Agreement will remain legal, valid, and binding. The failure by either Party to exercise or enforce any right conferred by this Agreement will not be deemed to be a waiver of any such right or to operate so as to bar the exercise or enforcement of any such or other rights on any later occasion. Except as otherwise expressly stated in this Agreement, all rights and remedies stated in the Agreement are cumulative and in addition to any other rights and remedies available under the Agreement, at Law, or in equity.
P. Publicity
Notwithstanding anything to the contrary in this Agreement, Vozmia may identify Customer as a customer (including use of any Customer logo or trademark) and may refer to this Agreement during its earnings calls and in connection with its business deals, press releases, and marketing and/or promotional materials.
Q. Execution
Each Party represents and warrants that: (a) it possesses the legal right and capacity to enter into the Agreement and to perform all of its obligations thereunder; (b) the individual executing an Electronic Signature regarding the Agreement on that Party’s behalf has full power and authority to execute and deliver the same; and (c) the Agreement will be a binding obligation of that Party.
R. Electronic Signature and Counterparts
This Agreement may be executed electronically and in separate counterparts each of which when taken together will constitute one in the same original. Each Party agrees that an Electronic Signature, whether digital or encrypted, is intended to authenticate this Agreement and to have the same force and effect as manual signatures.
S. Survival
The rights and obligations of either Party that by their nature would continue beyond the expiration or termination of this Agreement or an Order will survive expiration or termination of this Agreement or the Order, including without limitation payment obligations, warranty disclaimers, indemnities, limitations of liability, definitions and miscellaneous.
Attachment A - Definitions
Definitions. Capitalized terms used in this Agreement but otherwise not defined have the following meaning:
1. “Account” means the numbered account established with Vozmia and associated with Customer and the Services provided to Customer under this Agreement. For billing and convenience purposes, multiple services, Digital Lines, or End Users may be included in a single billing account, and/or a single Customer may have multiple billing accounts encompassing different geographic locations, business units, or other designations as requested by Customer and accepted by Vozmia.
2. “Account Administrator” means the person(s) who have been granted authority by Customer to set up, amend, or otherwise control settings and/or make additional purchases for the Account via the Administrative Portal. Account Administrators may have varying levels of Account rights, skills, or permissions.
3. “Account Data” means: any business contact information provided with the Account; Vozmia-generated logs of calling or other metadata developed or collected in the provision of the Services; configuration data; and records of Digital Lines and any Services purchased under this Agreement.
4. “Administrative Fees” means any administrative recovery fees, 911 cost recovery fees and the like separately charged by Vozmia to Customer.
5. “Administrative Portal” means the online administrative portal through which Account Administrators control settings and/or make additional purchases for the Account.
6. “Affiliate(s)” means a person or entity that is controlled by a Party hereto, controls a Party hereto, or is under common control with a Party hereto, and “control” means beneficial ownership of greater than fifty percent (50%) of an entity’s then-outstanding voting securities or ownership interests.
7. “Confidential Information” means any information disclosed by or on behalf of the Disclosing Party) to the Receiving Party that should reasonably be considered as confidential given the nature of the information and the circumstances surrounding its disclosure.
8. “Customer Content” means the content of calls, facsimiles, SMS messages, voicemails, voice recordings, shared files, conferences, or other communications transmitted or stored through the Services.
9. “Digital Line” means a phone number assigned to an End User or a specifically designated location (e.g., conference room) and the associated voice service for inbound and outbound calling that permits an End User generally to make and receive calls to and from the public switched telephone network as well as to and from other extensions within the same Account.
10. “Disclosing Party” means the Party disclosing Confidential Information or on whose behalf Confidential Information is disclosed by such Party’s agents, including but not limited to, its Affiliates, officers, directors, employees, and attorneys.
11. “Dispute” has the meaning set forth in Section 13(A) (Good Faith Attempt to Settle Disputes).
12. “Effective Date” means the date of execution of the initial Order.
13. “Electronic Signature” means an electronic sound, symbol, or process, including clicking a digital button to accept, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
14. “End Point” means an application or device through which any End-User might access and/or use any of the Services, including without limitation IP Desk Phones, Desktop Clients, Web Clients, Mobile Applications, and Software Integrations.
15. “End User” means an individual user to whom Customer makes the Services available, and may be a natural person, and may include but is not limited to Customer’s employees, consultants, clients, external users, invitees, contractors, and agents.
16. “Force Majeure Event” means any event or circumstance that is beyond that Party’s control, which is considered without limitation as force majeure: any act of God; national emergency; third-party telecommunications networks; riot; war; terrorism; governmental act or direction; change in Laws; fiber, cable, or wire cut; Sub-processor failure; power outage or reduction; rebellion; revolution; insurrection; earthquake; storm; hurricane; flood, fire, or other natural disaster; strike or labor disturbance; or other cause, whether similar or dissimilar to the foregoing, not resulting from the actions or inactions of such Party.
17. “Helpdesk” means first-tier support provided to End Users by Customers.
18. “Indemnifying Party” and “Indemnified Party” have the meanings set forth in Section 11(B) (Defense and Indemnification Procedures).
19. “Initial Term” has the meaning set forth in Section 2(E) (Services Term and Automatic Renewal).
20. “Intellectual Property Rights” or “IP Rights” means all common law and statutory rights (whether registered or unregistered, or recorded or unrecorded, regardless of method) arising out of or associated with (a) patents and patent applications, inventions, industrial designs, discoveries, business methods, and processes; (b) copyrights and copyright registrations, and “moral” rights; (c) the protection of trade and industrial secrets and Confidential Information; (d) other proprietary rights relating to intangible property; (e) trademarks, trade names, and service marks; (f) a person’s name, likeness, voice, photograph or signature, including without limitation rights of personality, privacy, and publicity; (g) analogous rights to those set forth above; and (h) divisions, continuations, continuations-in-part, renewals, reissues and extensions of the foregoing (as applicable).
21. “Law” means any law, statute, regulation, rule, ordinance, administrative guidance, treaty or convention, or court or administrative order or ruling of any governing Federal, State, local or non-U.S. governmental body with jurisdiction over the Services.
22. “Order(s)” or “Order Form(s)” means a request or order for Services describing the type and quantity of Services required by Customer and submitted and accepted by the Parties in accordance with Section 2(A) (Ordering Services). The Order may be presented and executed on the Vozmia website or via the Administrative Portal.
23. “Receiving Party” means the Party or its agents, including, but not limited to its Affiliates, officers, directors, employees, and attorneys receiving Confidential Information.
24. “Renewal Term” has the meaning set forth in Section 2(E) (Services Term).
25. “Vozmia Customer Care” means Vozmia’s Customer support operations, available at https://www.vozmia.com/es/support.
26. “Vozmia Network” means the network and supporting facilities between and among the Vozmia points of presence (“PoP(s)”), up to and including the interconnection point between the Vozmia’s network, and facilities, and the public Internet, private IP networks, and the Public Switched Telephone Network (PSTN). The Vozmia Network does not include the public Internet, a Customer’s own private network, or the PSTN.
27. “Service(s)” means all services provided under this Agreement and set forth in one or more Order(s).
28. “Service Attachment” means documents appended to the Agreement containing additional terms for equipment and Services.
29. “Start Date” means the date so identified in the relevant Order or the date on which the Customer orders Services via the website or the Administrative Portal.
30. “Taxes” means any and all federal, state, local, municipal, foreign, and other taxes and fees charged or collected from Customers, including but not limited to any Universal Service Fund, TRS, and 911 taxes and fees.
31. “Term” means the Initial Term plus any Renewal Terms.
32. “Use Policy” refers to any of the policies identified in Section 5B (Use Policies).
ACCEPTABLE USE POLICY
Vozmia provides various services that are subject to certain rules and restrictions. It's important to understand and comply with this Acceptable Use Policy when using Vozmia Services. This policy applies to all Vozmia Services, and if you have an Agreement with Vozmia, the Acceptable Use Policy is incorporated into that Agreement.
Here are the key points of the Acceptable Use Policy:
Prohibited Activities: You must not use the Services for any illegal activities or violate any applicable laws or regulations. You are also not allowed to engage in resale activities, high-risk use without fail-safe alternatives, infringing activity, exploitation or harm of minors, malicious activity, objectionable behavior, misrepresenting identity, harvesting information without consent, excessive or unauthorized use, circumventing compliance or security measures, or intercepting communications.
Vozmia MVP Services: These services are designed for regular business use between individuals and not for high-volume commercial messaging or call center calling. In addition to the above prohibitions, you cannot perform auto dialing or predictive dialing, trunk or forward your Vozmia number to systems that handle multiple simultaneous calls or use the services in a way that is inconsistent with typical human operation.
Suspension or Termination: Vozmia may suspend or terminate your Services immediately and without notice if your use violates the terms of this Acceptable Use Policy.
Cancellation and Refunds: You have the right to cancel services within 30 days of purchase by providing written notice to Vozmia. In such cases, you won't owe any fees or charges for the canceled services beyond the date of the notice (except for continued usage), and you may be eligible for a refund of any prepaid and unused fees. After 30 days, purchases are considered final, and no refunds will be provided.
Remember, it's important to comply with this AUP to ensure a fair and secure environment for all users of Vozmia Services.
