Terms - Telewyze

Terms & Conditions

Telewyze LLC – Business Phone Services Terms of Use

1. TERMS OF SERVICE

1.1 TERMS.

These Terms of Service constitute the agreement between Telewyze LLC (“Telewyze”) and the user of Telewyze’s communications services and any related products or services (“Customer”). This agreement governs both Telewyze service and any Telewyze-approved or Telewyze-provided devices used with our service. It applies to all lines on each Telewyze account. “Us” or “our” shall refer to Telewyze, and “you” or “yours” shall refer to Customer, as appropriate by context. By subscribing to or using our service, you agree to these Terms of Service and amendments, which may be made from time to time. All information linked to these Terms of Service is incorporated in the Terms of Service. You further confirm that you are of legal age to enter into this agreement and have read and fully understand its terms and conditions.

1.2 PRICE AND DELIVERY.

Price and delivery terms are FOB Telewyze shipping origin. Upon Telewyze’s delivery of the Products to the carrier at the FOB point, title and risk of loss and damage to the Products shall pass to the Buyer. All prices are subject to change without notice. Telewyze reserves the right to adjust the price of all Products, which shall not include your contracted subscription price, due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances. Prices for particular purchases will be those in effect at the time of shipment. Telewyze may make delivery in installments and receive payments for each installment. All delivery dates are estimated. TELEWYZE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES FOR TELEWYZE’S FAILURE TO FILL, OR DELAY OR ERROR IN FILLING ANY ORDER, OR FOR ANY DELAY IN DELIVERY. Out-of-stock items will be deleted from the order after confirmation from you. These items may be placed on back order if requested.

1.3 SHIPPING INFORMATION.

Telewyze ships products within the United States, Puerto Rico, and Canada. Telewyze cannot ship to a Post Office box address, territories, addresses outside the United States, or APO/FPO addresses. Upon acceptance by Telewyze, orders will be shipped by carrier ground service, and no signature is required upon delivery. If a signature is to be required, there is an additional charge of $25.00, which will be added to your order. Please allow two (2) to seven (7) business days for shipments to arrive. By contacting Customer Support at Support@telewyze.com, Express or expedited shipping may be arranged at an additional cost.

2. USE OF 911 SERVICES

911.

Telewyze 911 service is different from traditional 911 and cellular/wireless 911 services. Dialing 911 may differ depending on where you are located and the device used when using your Telewyze service. Please see the full terms of the Telewyze 911 policy at telewyze.com/e911-policy.

When you dial 911, your Telewyze phone number and registered address are sent to the local emergency center serving your location, and emergency operators have access to this information in order to send help and call you back if necessary. Please be prepared to provide this information if it is not automatically supplied. Until you provide this information, emergency services may not be able to assist you in the event the call is disconnected, dropped, or otherwise terminated.

If you move the device to another location, you must update your address with Telewyze within 24 hours to ensure accurate 911 services. Please note that 911 services may not function during a broadband or power outage or if your Telewyze service is terminated.

YOU AGREE TO NOTIFY ANY POTENTIAL USER OR AGENT OF THE SERVICES WHO MAY PLACE CALLS USING THE SERVICES OF THE 911 LIMITATIONS DESCRIBED HEREIN.

3. TYPE OF SERVICE

3.1 Type of Service:

This service is not a traditional Telecommunications Service but is provided over Internet Protocol (commonly referred to as Voice over Internet Protocol (VoIP)) on a best-efforts basis. It may be subject to different regulatory treatment than a traditional Telecommunications Service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. The service requires a high-speed broadband connection, which we do not provide. Events beyond our control may affect service quality.

4. USE OF SERVICE

4.1 Use:

The service and devices are provided solely for business purposes. Prohibited uses include auto-dialing, continuous or extensive call-forwarding, and telemarketing in violation of any law or regulation. Users are responsible for supplying, operating, and supporting the necessary infrastructure for standard SIP-based Customer Premise Equipment for the service.

4.2 Services Not Supported:

This service does not support 0+ or operator-assisted calling, including collect calls, third-party billing calls, 900/ 976 numbers, or calling card calls. The service may not support 311, 511, and other x11 services in some areas.

4.3 Directory Listing:

Phone numbers you obtain from us will not be listed in any telephone directories unless transferred.

4.4 Incompatible Services:

The service may not be compatible with non-voice communications equipment, including home security systems, TTY, medical monitoring equipment, satellite television systems, PBX, Centrex, fax machines, or computer modems.

4.5 Music On Hold:

The use of Music on Hold feature is governed by copyright provisions as well as the entire Terms of Service.

4.6 Copyright Permissions:

Users are responsible for securing all necessary permissions and licenses for copyrighted content used in Music on Hold.

4.7 Call Recording:

If you have enabled Call Recording on your account, you can record inbound or outbound telephone calls. When you use specific commands, you will hear a beep indicating that the call is being recorded. It is solely your obligation to confirm the legality of such use. You must abide by all applicable state, federal, and international laws, rules, and regulations regarding the recording of calls.

4.8 Network Infrastructure:

The services rely on the customer’s network infrastructure and internet connection. Customers are responsible for the availability and quality of the network infrastructure and internet connection.

4.9 Customer Data:

Customer Data may be used only to the extent necessary to provide the Services to the Customer. Customer Data is the property of the customer, not the service provider.

5. CHANGE TO SERVICE/TERMS AND CONDITIONS

Your service plan is subject to these Terms of Service and can change at any time without notice. Your contracted monthly subscription rate will not increase during the Initial Term.

6 BILLING; FEES ON DISCONNECTION; PORTABILITY; NOTICE TO TERMINATE AND RENEWAL OF SUBSCRIPTION

6.1 BILLING.

We provide our service to you pursuant to the terms of this agreement. Your terms for billing (i.e. monthly, annually, or otherwise) are detailed in your service agreement. The service term is the term that you agreed to when you contracted for our service. Your first service term begins on the date of the first occurrence of either: (a) telephone number porting or forwarding has taken place, (b) the system is utilized, (c) the system installation and activation is complete (d) phones have been shipped to you and in your possession for more than thirty (30) days; subsequent billings will occur monthly thereafter. Your subscription will automatically renew at the end of your then-current subscription agreement for a period of one year unless you notify us thirty (30) days prior to the scheduled termination of your subscription. Invoices, modified orders, and other payment requests will be emailed to the primary account contact. These emails outline various payment options, including but not limited to Visa, Mastercard, and Apple Pay. As a modern tech company, we avoid certain traditional business mechanisms to cut costs. By forgoing a checking account and processing all transactions through our payment processor, we reduce overhead and operational costs.

6.2 TERMINATION.

Termination by you, if you terminate the services prior to the end of the contract term, you are responsible for all charges for any remaining time left on the term as if you remained a customer through the end of the then-current term. Termination by us, if we terminate your service for any of the reasons detailed in this agreement, you will be responsible for all charges through the end of your current service term.

6.3 TO TERMINATE YOUR SERVICES.

All terminations require 30 days prior notification. All termination requests must be submitted via email to billing@telewyze.com. Termination will only be deemed valid if you have notified Telewyze in accordance with this agreement and received notification from Telewyze acknowledging termination.

6.4 NUMBERS MAY NOT BE PORTABLE.

In some circumstances, you may not be able to take or “port” your current telephone number to another service provider. If you ask your new service provider to port a number from us, we will terminate our service for that number promptly after we receive notification from the underlying local exchange carrier that the porting of your number has been completed successfully.

6.5 FAIR USAGE POLICY.

It is important to Telewyze Business Communication Service that all eligible Telewyze customers are able to access our services. A Fair Use Policy applies to all our unlimited services and plans.

6.6 IP LINE USAGE POLICY.

It is important to Telewyze Business Communication Service that all eligible Telewyze customers are able to access our service. Customers are hereby notified that our average IP Line allocation is offered at a 3 to 1 ratio of users to company size. If a business customer requires a 1 to 1 ratio of lines to users and has not subscribed for such, the customer will be subject to additional network charges that are not standard to our offering.

6.7 PAPERLESS BILLING.

Telewyze, in an effort to reduce the use of paper, uses Paperless Billing. By using our service, you agree that you will not receive a paper bill in the mail.

6.8 E911.

You are responsible for maintaining the accuracy of the E911 phone number and address for all of your devices.

6.9 FRAUDULENT CHARGES.

You are responsible for all charges attributable to the Services, even if incurred as the result of fraudulent or unauthorized use of the Services.

6.10 ADDITIONAL CHARGES.

In the event we are required to provide additional service or support which is either requested or required specifically for you, there may be additional charges.

6.11 LATE PAYMENTS.

Payments are due as stated on your billing statement. Late payments will be assessed a late fee, the amount of which will be specified on your billing statement. Failure to pay your bill may result in termination of services, in accordance with the terms of this agreement.

6.12 REACTIVATION.

In the event that your service is terminated due to non-payment, a reactivation fee may be applied should you wish to resume service.

6.13 PRORATING.

Charges are not prorated if you terminate services before your term is completed. You are responsible for the full month’s charges to the end of the billing cycle, plus any outstanding charges for service used under this agreement.

6.14 TAXES AND FEES.

In addition to the charges for services, you are also responsible for all taxes, surcharges, or other governmental fees or charges that are applicable to your service.

6.15 CREDIT CHECKS.

You agree to provide us with accurate credit information and authorize us to check your credit history when you sign up for our service. Based on your credit history, we may require a deposit to secure your account.

6.16 MONEY BACK GUARANTEE.

Telewyze offers a 7-day money-back guarantee for new service activations. If you are dissatisfied with your service for any reason, you will receive a full refund of all service charges if you cancel your account within 7 days from the date of activation, minus any charges for overages, international calls or other services that are not included in your service plan.

6.17 RIGHT TO MODIFY SERVICE AND PRICING.

Telewyze reserves the right to modify or discontinue service or adjust pricing as necessary, in accordance with applicable laws and regulations. Customers will be notified in writing of any changes to their service or billing at least 30 days prior to the effective date of such changes.

6.18 DISPUTE RESOLUTION.

Any disputes arising out of or related to this agreement must be addressed in writing to Telewyze within 30 days of the occurrence. Failure to notify Telewyze within this time period will constitute acceptance of the charges.

6.19 FORCE MAJEURE.

Neither party will be responsible for delays or failures in performance resulting from acts beyond their control such as acts of God, fire, war, terrorism, or any governmental action.

6.20 ENTIRE AGREEMENT.

This Agreement, along with any additional terms or policies cited herein, constitutes the entire agreement between the parties and supersedes all previous agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement.

7. DEVICE AND INSTALLATION INFORMATION AND LIMITATION OF WARRANTY ON DEVICE AND INSTALLATION

7.1 NON-TELEWYZE PROVIDED DEVICES.

If you use a device not provided by Telewyze, Telewyze disclaims any and all liability associated with those devices. You should consult the separate warranty provided by the device manufacturer.

7.2 TELEWYZE PROVIDED PHONES.

This warranty applies only to Telewyze desk phones purchased or rented as a Service from Telewyze. The warranty is valid as long as you are a customer in good standing with all invoices timely paid. Telewyze will, at its option, repair or replace faulty devices, exclusive of shipping costs. This warranty does not cover malfunction due to misuse, abuse, or improper maintenance. Warranty voids if the Customer defaults under this service agreement.

7.3 SUBSTITUTIONS.

Telewyze reserves the right to substitute and ship devices of similar quality and functionality based on availability.

7.4 TECHNICAL SUPPORT.

Telewyze provides technical support to Customers via telephone and email for the Services and Equipment provided under this agreement.

7.5 INSTALLATION.

If Telewyze provides installation services, a one-year limited warranty will apply to those services, covering only work completed by Telewyze that has not been altered by the Customer.

7.6 DAMAGED DEVICES.

If you receive visibly damaged devices, you must note the damage on the carrier’s freight bill and contact our Customer Service Department immediately.

7.7 RETURN AUTHORIZATION.

Merchandise must be returned within specified days and may be subject to restocking charges. No Equipment may be returned without prior approval from Telewyze.

7.8 OWNERSHIP AND RISK OF LOSS.

You will own the device unless you lease it from Telewyze. Risk of loss or theft is borne by the Customer from the time of shipment until return according to this agreement.

7.9 TAMPERING WITH DEVICE.

Altering the electronic serial number or performing a factory reset on your device without written consent from Telewyze is prohibited.

7.10 DISCLAIMER.

Other than express warranties included with your device, Telewyze makes no additional warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

8. CHARGES, TAXES, AND ADDITIONAL FEES

8.1 RATES.

Contracted subscription rates will not be increased during the Initial Term. This shall not include but is not limited to, tax or fee changes, international toll-calling, and other variable rates. Otherwise, Telewyze may change the prices for the Services, toll charges, fees, and taxes, from time to time. Where required by law, we will send notification of invoices to your email address on file with us. We will not give you credit for any interruption of Telewyze service, including international calling services.

8.2 TAXES, FEES, AND SURCHARGES.

Federal, State, and local governments assess taxes, surcharges, or fees, or all of these, on your use of our service. Charges include but are not limited to Federal Universal Service Fund, State and local use taxes, and various required programs. These charges may be a flat fee or a percentage of your Telewyze charges and may change without notice. You are responsible for all these additional costs.

9. BILLING PAYMENT AND DISPUTE

9.1 BILLING.

Telewyze will charge your method of payment in advance for each monthly service plan fee. Associated taxes and surcharges are billed in arrears, as are any usage and calls not covered by your plan.

9.2 PAYMENT.

When you subscribe to Telewyze, you authorize us to collect from your payment method, including various types of fees and charges. This authorization will remain valid until 30 days after you terminate our authority to charge your payment method.

9.3 COLLECTION.

If Telewyze disconnects your service, you are liable for all charges under this agreement and all costs incurred to collect these charges.

9.4 NOTICE AND BILLING DISPUTE.

You are required to update your account information promptly. You must notify us within 7 calendar days if you want to dispute any Telewyze charges.

10. PROHIBITED USES; UNLAWFUL USES AND CONDUCT

10.1 LAWFUL PURPOSES.

Telewyze reserves the right to determine what activities are improper or inappropriate.

10.2 MONITORING AND PROVIDING OF INFORMATION TO AUTHORITIES.

We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement or if we believe in good faith it is necessary in order to protect our service or Telewyze, its parent, affiliates, directors, officers, agents, and employees from liability or other harm. If we believe that you have used our service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate law enforcement or others for investigations and prosecution. You consent to our forwarding of any such communications and information to law enforcement or others. In addition, Telewyze will respond to any subpoena or court order or law enforcement, or other governmental agency requests.

10.3 USE OF SERVICES AND LOCATIONS.

The Telewyze services are only offered and supported where allowed by law. Our service is designed to work generally with unencumbered high-speed Internet connections. However, if your ISP or broadband provider places restrictions on using VoIP services, and you choose to use the services, any diminution of services is solely your responsibility. You will be solely responsible for any violations of international, federal, state, or local laws and regulations or violations of ISP and broadband provider terms of service because of your use of our service. Telewyze only ships phones within the United States and Canada. If you ship a device outside the United States for use in another country, you are solely responsible for determining and adhering to compliance with all applicable customs, regulatory and other laws regarding the transport, distribution, and use of such device and the service as well as the ability to use the service in that location.

10.4 NO TRANSFER OF SERVICE.

You are the sole account holder for the service for all purposes and are solely responsible for all charges incurred on the account, regardless of changes to the account, including billing information. You may not resell or transfer your service, account, or your device or provide a telephone service to anyone else by using your Telewyze service or features of your Telewyze service without first getting our written consent. In no event may your account be assigned to a non-U.S. domiciled entity.

10.5 NO ALTERATIONS OR TAMPERING.

If you copy or alter or have someone else copy or alter the program, hardware, or software of the device in any way that facilitates a compromise of your service, you are responsible for any charges that result. You may not attempt to hack or otherwise alter or disrupt our service or make any use of our service that is inconsistent with its intended purpose.

10.6 THEFT OF SERVICE.

You may not use or obtain our service in any manner that violates Telewyze policies and procedures, including using the service in an illegal or improper manner. You will notify us immediately if your device is stolen or if you believe that your service is being stolen, fraudulently used, or otherwise being used in an unauthorized, improper, or illegal manner.

10.7 REGISTRATION INFORMATION CUSTOMER COMMUNICATIONS.

You, and your Agents, are solely responsible for maintaining the confidentiality of your login/registration and will not transfer your login, registration information, email address, or password or lend or otherwise transfer the use of or access to any third party. You are solely responsible for any and all activities that occur under your account and will comply with applicable foreign, federal, state, and local law in its use of the Services, including but not limited to laws regarding online behavior, acceptable content, the import or export of Equipment and the transmission of information under applicable export laws. Recognizing the global nature of the Internet, customers also agree to comply with applicable local rules or codes of conduct (including, if applicable, codes of conduct or policies imposed by employers) regarding online behavior and acceptable content. Use of the Services is void where prohibited. Customer will immediately notify us of any unauthorized use of Customer’s account or any other breach of security related to Customer’s account or Services.

10.8 UNAUTHORIZED USAGE OF DEVICE, FIRMWARE OR SOFTWARE.

You have not been granted any license to use the firmware or software we use to provide our service or that we provide to you in providing our service, or that is embedded in your device other than a non transferable, revocable license to use the firmware or software in object code form (without making any modification to it) strictly according to the terms and conditions of this agreement. Leased phones will be used exclusively for our services. We make no warranty, express or implied, that purchased phones may be compatible with any other service provider.

10.9 IMPORT AND EXPORT COMPLIANCE.

You agree to comply with U.S. export laws and applicable import and export laws that may apply in your location(s) concerning the transmission of technical data and other regulated materials via the Services, including, without limitation, laws governing the import and export of encryption software

10.3 USE OF SERVICES AND LOCATIONS.

10.4 NO TRANSFER OF SERVICE.

10.5 NO ALTERATIONS OR TAMPERING.

10.6 THEFT OF SERVICE.

10.7 REGISTRATION INFORMATION CUSTOMER COMMUNICATIONS.

10.8 UNAUTHORIZED USAGE OF DEVICE, FIRMWARE OR SOFTWARE.

10.9 IMPORT AND EXPORT COMPLIANCE.

11. SERVICE AS IS, DISCLAIMERS OF WARRANTY LIMITATIONS ON LIABILITIES

11.1 AS-IS SERVICES.

You agree that all our services, including premium services which may be acquired from time to time, are provided “as is,” except to the extent provided herein.

11.2 NO WARRANTIES ON SERVICE.

We make no warranties other than the VIP Platform 100% UPTIME Guarantee, express or implied, including but not limited to any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service or device will be without failure, delay, interruption, error, omission, degradation of voice quality, or loss of content, data, or information. Neither Telewyze nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or destruction of, customer’s data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of Telewyze’s or its service providers’ or vendors’ negligence. Statements and descriptions concerning our service or device(s), if any, by Telewyze or Telewyze ‘s agents or installers are informational and are not given as a warranty of any kind. We will not give you credit for any interruption of Telewyze service, including international calling services.

11.3 DISCLAIMER OF LIABILITY FOR DAMAGES.

In no event will Telewyze, its officers, directors, employees, affiliates or agents, or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including the inability to access emergency service personnel through the 911 dialing service or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

11.4 DISCLAIMER OF 911 LIABILITIES.

We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result. Neither Telewyze nor its officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorney’s fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device.

11.5 LIMITATION ON TOTAL LIABILITY.

Our total liability under this agreement will not exceed the service charges for the affected time period. In no event will damages exceed the amount paid to Telewyze for the trailing twelve months prior to the claim. Telewyze will not be responsible for third-party fees or charges, including but not limited to banking fees, overdraft fees, cellular phone or other wireline charges, technician charges, or other similar charges.

12. INDEMNIFICATION AND WAIVER OF CLAIMS

12.1 INDEMNIFICATION.

You shall defend, indemnify, and hold harmless Telewyze, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our service from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device(s), or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).

12.2 WAIVER OF CLAIM OR CAUSES OF ACTION.

You waive all claims or causes of action arising from or relating to our 911 dialing service unless the claims or causes of action arising from our gross negligence, recklessness, or willful misconduct, including the right to a jury trial and class action as detailed in Section 13.2.

12.3 CONTENT.

You are liable for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your service or device(s). You promise that you and anyone who uses your service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our service and the device.

12.4 ACCOUNT INFORMATION.

You are liable for all liability that may arise from your failure to provide true, accurate, current, and complete information and to maintain and promptly update such information.

13. DISPUTE RESOLUTION AND BINDING ARBITRATION

It is important that you read this entire section carefully. This section provides for the resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.

13.1 ARBITRATION.

Telewyze, its parent company, affiliates, assigns, and successors, and you agree to arbitrate any and all disputes and claims between you and Telewyze. You specifically waive any right to a trial by Jury or by Court. Arbitration includes all rights in law or equity, including but not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and Telewyze, fraud, misrepresentation, or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims which may be raised in class action litigation whether or not you are or waive your right to be a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to “Telewyze,” “us,” and “you” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between you and Telewyze. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed by the AAA’s Commercial Dispute Resolution Procedures. Those Rules may be found at www.adr.org or by calling the AAA at 1-800-778-7879. Unless you and Telewyze mutually agree otherwise, all hearings conducted as part of the arbitration shall take place at a location no further than 250 miles from the address where the Telewyze services were contracted.

13.2 WAIVER OF JURY TRIAL AND CLASS ACTION.

You and Telewyze agree that, by entering into this agreement, you and Telewyze are waiving the right to a trial by jury. You and Telewyze agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Telewyze agree that you and Telewyze may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You and Telewyze agree that, unless you and Telewyze agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims and may not otherwise preside over any form of a representative or class proceeding, notwithstanding any other provision in this agreement to the contrary.

13.3 TIME LIMITATION.

You agree that regardless of any statute or law to the contrary, any suit or arbitration arising out of or related to the use of the Services or the Agreement must be filed within one (1) year after the earlier of (a) when such claim or cause of action arose or (b) termination of Services to Customer or be forever barred.

14. MISCELLANEOUS TERMS

14.1 GOVERNING LAW.

Unless otherwise required by Tariff, this Agreement and the relationship between Customer and Telewyze shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions and any applicable federal and international laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Agreement.

14.2 NO WAIVER OF RIGHTS.

Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. Telewyze reserves all of its rights at law and equity to proceed against anyone who uses its services or device illegally or improperly. All determinations by Telewyze under these Terms of Sale and exercise of its rights are made and done in our sole and absolute discretion.

14.3 CREDIT AND REPORTING.

You authorize us to investigate and/or review your credit history, including requesting a report, both when you sign up for our service and at any time after you sign up, for any purpose, including, but not limited to, your initial qualification for an account, your continued compliance with the terms of your account and general customer based evaluation purposes not specifically associated with your account and to share credit information about you with credit reporting agencies including reporting derogatory payment information. Upon your request, we will inform you whether or not we have requested a report, and if a report was requested, the name and address of the consumer reporting agency that furnished the report.

14.4 PRIVACY.

Telewyze uses, in whole or in part, the public Internet, the public switched telephone network, and third-party networks to transmit voice and other communications. Telewyze is not liable for any lack of privacy which you may experience from using our service. Please refer to our Privacy Policy located at Telewyze.com/privacy for additional information, such as how we use your information and how you can opt out of receiving marketing messaging.

14.5 CHANGES TO THE TERMS OF SERVICE.

We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide you with electronic communications required notices, agreements, and other information concerning Telewyze, including changes to this agreement. These changes will become binding on you on the date they are posted, and we are not required to give you further notice in order for you to continue using our service. By continuing to use the service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must notify us within fifteen (15) days of the posted change.

14.6 SURVIVAL.

The provisions of this agreement that, by their sense and context, are intended to survive the termination or expiration of this agreement shall survive.

14.7 ENTIRE AGREEMENT.

This agreement, including any future modifications to its terms which are posted on our website, constitutes the entire agreement between you and Telewyze. This agreement governs your use of our service and the use of our services by you, your employees, and your guests. This agreement supersedes any prior agreements between you and Telewyze. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

14.8 ADDENDUMS AND AMENDMENTS.

Any addendum or amendments to the terms herein must be in writing and signed by a corporate officer of Telewyze to be effective. Any other change, amendment, or addendum is deemed to be ineffective, invalid, and of no effect.

14.9 SEVERABILITY.

If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or unenforceability will not invalidate or render unenforceable any other portion of this agreement.