Terms of Service
These Terms of Service ("Terms") govern your access to and use of the TalkUSA.NET website, customer portal, APIs, and all related products and services (collectively, the "Services"). By creating an account, using the Services, or accessing our websites, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.
1. Eligibility & Account Registration
You must be at least 18 years old and have the legal capacity to enter into contracts to use the Services. When you create an account, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately if you suspect any unauthorized access or misuse of your account.
2. Use of the Services
The Services are provided solely for lawful business communications. You agree to use the Services in compliance with these Terms, our Acceptable Use Policy, and all applicable laws and regulations, including but not limited to FCC rules, state and federal telecommunications laws, and telemarketing and privacy regulations (such as the Telephone Consumer Protection Act (TCPA) and any Do-Not-Call (DNC) rules).
You agree that you will not:
- Use the Services to transmit spam, unsolicited marketing messages, or bulk communications without proper consent.
- Engage in fraud, phishing, spoofing, phishing, impersonation, or other deceptive or unlawful activities.
- Use the Services in a manner that interferes with, disrupts, or degrades the integrity or performance of our networks or third-party networks.
- Attempt to probe, scan, or test the vulnerability of any system or network without proper authorization.
3. Service Availability & Modifications
We use commercially reasonable efforts to provide reliable, high-quality voice services. However, the Services may be subject to limitations, delays, and other problems inherent in the use of public networks, internet connectivity, and telecommunications infrastructure. We do not guarantee that the Services will be uninterrupted, error-free, or available at all times.
We may modify, suspend, or discontinue any part of the Services at any time, including to comply with legal or regulatory requirements, to maintain network integrity, or to address security issues. When reasonably possible, we will provide advance notice of material changes.
4. Billing, Fees & Taxes
TalkUSA operates primarily on a prepaid basis. You agree to pay all fees and charges associated with your account, including usage-based fees, subscription fees for numbers and services, taxes, and any applicable regulatory fees. Current pricing is published on our website or in your customer portal and may be updated from time to time in accordance with these Terms.
Unless otherwise stated in a separate written agreement, all payments are due immediately and are non-refundable, except as described in our Billing & Refund Policy. You authorize us to charge your selected payment method for all applicable fees and to suspend or terminate your account for non-payment or chargebacks.
5. Numbering Resources
Telephone numbers, DID numbers, and related numbering resources assigned to you remain the property of TalkUSA or its underlying carriers. You do not own the numbers, and your right to use them is conditioned on continued compliance with these Terms and timely payment of all fees. We may reclaim or reassign numbers as required by law, regulation, or our carrier agreements, or if your account is suspended or terminated.
6. Customer Responsibilities
You are solely responsible for:
- Configuring, securing, and maintaining your PBX, endpoints, networks, and systems that connect to our Services.
- Implementing appropriate security controls to protect against unauthorized access, toll fraud, and misuse (e.g., strong passwords, IP restrictions, rate limits, and monitoring).
- Ensuring the accuracy of any numbers, routing, and call forwarding destinations that you configure in the portal.
- Informing your end users and obtaining all necessary consents required by law prior to calling, texting, or recording communications.
7. Prohibited Use & Suspension
We may suspend or terminate your access to the Services, with or without notice, if we reasonably believe that you have violated these Terms, our Acceptable Use Policy, or applicable law; if your use poses a security or fraud risk; or if required by a court order, regulator, or carrier. We are not responsible for any losses you may suffer as a result of such suspension or termination.
8. Intellectual Property
All trademarks, logos, service marks, software, documentation, and other intellectual property associated with the Services are owned by TalkUSA or its licensors. Except for the limited rights expressly granted in these Terms, no license or other rights are granted to you. You agree not to copy, modify, reverse engineer, decompile, or create derivative works of the Services or any associated software.
9. Data Protection & Privacy
Our collection and use of personal data in connection with the Services is described in our Privacy Policy. By using the Services, you consent to our processing of personal data in accordance with that policy. You are responsible for complying with all applicable privacy and data protection laws in your use of the Services and in your handling of customer and end-user information.
10. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TALKUSA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU TO TALKUSA FOR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless TalkUSA and its affiliates, officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms or the Acceptable Use Policy; or (c) your violation of any law or the rights of any third party.
13. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will post the updated Terms on this page and update the "Last updated" date at the top. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services.
14. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law rules. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Bernalillo County, New Mexico, and you consent to the personal jurisdiction of such courts.
15. Contact
If you have any questions about these Terms, please contact us at [email protected] or by mail at: TalkUSA.NET, 1209 Mountain Road PL NE, Albuquerque, NM 87110, USA.
This document is provided for informational purposes and does not constitute legal advice. You should consult with your own legal counsel to ensure that these Terms meet your specific business and compliance requirements.