Terms of Service
Last Updated: January 2025
Plain-English Summary (not legally binding)
- We provide virtual phone numbers, call routing/IVR, voicemail, recordings, and messaging.
- You must use the service legally (TCPA/A2P/consent), pay your bill, and not spam or abuse networks.
- We don't provide 911/emergency calling.
- Numbers are licensed, not owned; porting is possible with a clean account.
- Service can have downtime; our liability is limited.
- Disputes go to arbitration in Florida, unless you use small claims.
1. Acceptance of Terms
By creating an account, using our services, or clicking "I agree," you accept these Terms and our Privacy Policy and Acceptable Use Policy (AUP) (collectively, the "Agreement").
2. Service Description
Cheapassphones ("we," "us") offers:
- Virtual phone numbers (local/toll-free) and call routing/IVR flows
- Voicemail, call recording, transcription (where available)
- SMS/MMS and application-to-person (A2P) messaging
- Call forwarding, queueing, auto-attendants, schedules, tags, and analytics
- Integrations and APIs (where available)
Third-party carriers, vendors, and APIs power parts of the Service.
3. Eligibility & Accounts
- You must be 18+ and legally able to contract.
- Provide accurate registration info and keep credentials secure.
- You are responsible for all activity under your account.
4. Customer Content & License
You retain ownership of prompts, audio, IVR logic, recordings, and messages you provide ("Customer Content"). You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Content solely to operate and improve the Service. You represent you have all rights/consents required.
5. Acceptable Use (AUP)
You agree not to:
- Violate laws/regulations (TCPA, TSR, CAN-SPAM, CTIA guidelines, carrier rules).
- Send spam, unsolicited robocalls/texts, or snowshoe traffic.
- Use artificial/recorded/prerecorded voice or auto-dialer to call/text without verifiable consent.
- Infringe IP rights; distribute illegal, harmful, deceptive, or adult-only content; impersonate others.
- Attack network integrity, scan, scrape, reverse engineer, or overload systems.
- Bypass A2P 10DLC registration, brand/campaign vetting, or carrier KYC requirements.
We may suspend or terminate immediately for AUP or carrier rule violations.
6. Compliance: TCPA, A2P 10DLC, CTIA & Carrier Rules
Your Responsibility
You are the "sender"/"caller" of record and must obtain and retain consent, provide required disclosures, honor opt-outs ("STOP"), and maintain DNC compliance.
A2P Registration
For US long codes, you must complete brand and campaign registration and maintain accurate use-case descriptions. Unregistered traffic may be blocked/fined.
Opt-Out & Help
You must support industry-standard keywords (e.g., STOP, START, HELP).
Records
Keep consent and opt-out logs; we may request evidence for audits.
Fines & Fees
You are responsible for all carrier/network fines tied to your traffic.
7. Call Recording & Consent
Recording/transcription features may be available. You must comply with all one-party/two-party consent laws in relevant jurisdictions and provide notices/tones/scripts as required. You are solely responsible for obtaining consent.
8. No Emergency Calling (911)
The Service is not a replacement for telephone lines or emergency services. Calls to 911 or similar emergency numbers are not supported. Keep alternate communications available.
9. Numbers: Assignment, Use, and Porting
- Numbers are licensed to you; they are not sold.
- We may reclaim a number (e.g., required by carrier/regulator, non-payment, inactivity).
- Port-In/Port-Out: Supported where feasible and compliant. Port-out requires your account to be current with no fraud flags and valid LOA/CSR. Fees may apply. Timing is not guaranteed.
10. Fair Use & Rate Limits
To protect network quality, we may apply reasonable caps, rate limits, concurrency controls, and anti-fraud measures. Abnormal or abusive patterns (e.g., high-volume short-duration calls, snowshoe texting) may be throttled or blocked.
11. Beta / Trial Features
Beta or trial features are provided "AS IS," may change or end at any time, and may be subject to separate rules/limits.
12. Fees, Billing & Taxes
Pricing
Published on your order form or dashboard (numbers, per-minute, per-message, storage, carrier surcharges, regulatory recovery fees).
Prepaid/Postpaid
We may require a prepaid balance or charge stored payment methods automatically.
Overages
Usage beyond included amounts is billed at posted rates.
Refunds
Unless required by law, all fees are non-refundable (including partial periods).
Disputes
Dispute invoices within 15 days of posting.
Taxes
You are responsible for applicable taxes/assessments.
Non-payment may result in suspension, number reclamation, and collections.
13. Service Availability & Changes
We aim for high availability but do not guarantee uninterrupted service. Maintenance, carrier outages, internet issues, filtering, or force majeure may affect service. We may modify, discontinue, or replace features with reasonable notice when practical.
14. Data Security & Privacy
We implement reasonable technical and organizational measures appropriate to our scale. You are responsible for securing your endpoints, credentials, and integrations. Our Privacy Policy explains how we handle personal data. A Data Processing Addendum (DPA) is available upon request for customers subject to GDPR/CCPA or similar laws.
15. Integrations & Third Parties
The Service may integrate with third-party tools. Your use of third-party products is governed by their terms. We are not responsible for third-party actions, data handling, or outages.
16. Intellectual Property
We and our licensors own all rights in the Service, software, documentation, and branding. No rights are granted except as expressly stated.
17. Feedback
If you provide suggestions or feedback, you grant us a royalty-free, perpetual, irrevocable license to use it without restriction.
18. Confidentiality
Each party may access the other's confidential information and agrees to use it solely to perform under this Agreement and protect it with reasonable care.
19. Term, Suspension & Termination
Term
Month-to-month unless otherwise stated in an order form.
Suspension
We may suspend for AUP violations, suspected fraud, or unpaid amounts.
Termination
Either party may terminate with notice per plan terms. We may terminate immediately for illegal activity or material breach.
Effect
Upon termination, access ends and numbers/features may cease. We may delete data after a retention period. Unpaid amounts are due immediately.
20. Warranties & Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR DELIVERY.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS/REVENUE/GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THAT PERIOD.
Some jurisdictions do not allow certain limitations; those limits apply to the fullest extent permitted.
22. Indemnification
You will defend, indemnify, and hold us and our affiliates harmless from claims, fines, penalties, losses, and costs (including reasonable attorneys' fees) arising out of: (a) your Customer Content; (b) your use of the Service; (c) alleged violation of laws (including TCPA/A2P/CTIA), third-party rights, or this Agreement; and (d) carrier/network fines tied to your traffic.
23. Export & Sanctions
You agree to comply with all export control and sanctions laws and not use the Service where prohibited.
24. Governing Law; Dispute Resolution
Law
This Agreement is governed by the laws of the State of Florida, without regard to conflicts of laws.
Arbitration
Any dispute arising from or relating to this Agreement will be resolved by binding arbitration administered by the AAA under its Commercial Rules in Florida, in English.
Class Action Waiver
Disputes must be brought individually; no class or representative actions.
Small Claims
Either party may pursue an individual claim in small claims court in Florida.
25. Changes to the Terms
We may update these Terms from time to time. Changes become effective when posted to our site or notified to you. Continued use constitutes acceptance. If a change materially harms you, you may terminate before it takes effect.
26. Notices
We may provide notices via email, dashboard, or our website. Your notices to us must be sent to legal@cheapassphones.com.
27. Severability; Assignment; Entire Agreement
If any provision is unenforceable, the remainder remains in effect. You may not assign this Agreement without our prior written consent; we may assign to an affiliate or in a merger/sale. This Agreement (including any order forms, Privacy Policy, AUP, and DPA) is the entire agreement and supersedes prior discussions.
Acceptable Use Policy (AUP) — Summary
- Consent: Obtain and log express consent for calls/texts; honor STOP immediately.
- Content: No illegal, deceptive, harmful, or infringing content. No SHAFT-type content (sex, hate, alcohol to minors, firearms, tobacco/vape) in violation of carrier rules.
- Identity: Use accurate caller ID/sender ID; no spoofing. Maintain brand/campaign registration.
- Cadence: Respect frequency you disclosed; include HELP/STOP language in first message and periodically.
- Data: Protect PII; use encryption where applicable; restrict access to recordings/transcripts.
- Abuse Controls: We may block traffic that triggers carrier filtering, high spam complaints, or abnormal patterns.
- Consequences: Suspension, termination, fees, and pass-through of carrier fines.
Questions about these Terms? Contact us at legal@cheapassphones.com