Terms of Service

Introduction & Acceptance

These Terms of Service ("Terms") govern your access to and use of the Intonate.io cloud-based business phone system (the "Service"), operated by Aztec Software, LLC (doing business as Intonate.io, "Intonate," "we," "us," or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, do not use the Service.

Description of Service

Intonate is a cloud-based business phone system that provides Voice over IP (VoIP) calling, phone number management, contact management, call routing, and related telephony features. The Service is powered by Twilio's telecommunications infrastructure and hosted on Amazon Web Services (AWS).

Account Registration

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring that your account information remains accurate and up to date

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service for robocalling, unsolicited telemarketing, spam, or any activity that violates the Telephone Consumer Protection Act (TCPA)
• Use the Service for any illegal, fraudulent, or abusive purpose
• Abuse, disrupt, or interfere with the telephony infrastructure or the Service
• Violate Twilio's Acceptable Use Policy
• Transmit any malware, viruses, or harmful code through the Service
• Attempt to gain unauthorized access to other users' accounts or our systems
• Resell, sublicense, or redistribute the Service without our written consent

Violations of this section may result in immediate suspension or termination of your account.

User Data & PII Responsibility

You may store personal information about your contacts, customers, and business relationships within the Service (including names, phone numbers, email addresses, call records, and notes). You are solely responsible for:

• Ensuring that you have the appropriate legal basis and consent to collect and store such information
• Complying with all applicable privacy laws and regulations regarding the data you store
• The accuracy and legality of the data you upload or create in the Service

We process your data as described in our Privacy Policy.

Call Recording

The Service may include call recording functionality. If you choose to record calls, you acknowledge and agree that:

• You are solely responsible for complying with all applicable federal, state, provincial, and local laws regarding call recording and consent
• Many jurisdictions (including several U.S. states and Canadian provinces) require all-party consent before recording a conversation
• You must provide clear and conspicuous notice to all parties that a call is being recorded
• Intonate is not responsible for your failure to comply with recording consent laws

Emergency Services (E911)

The Service includes the ability to place emergency calls by dialing 911 ("Emergency Services"). By using Emergency Services, you acknowledge and agree to the following:

VoIP 911 Differs from Traditional 911

The Service is an internet-based Voice over IP (VoIP) system. Emergency calling over VoIP operates differently from traditional wireline telephone service. Depending on your configuration and location, 911 calls may be routed to a regional call center rather than your local Public Safety Answering Point (PSAP), and emergency dispatchers may not automatically receive your phone number or physical location.

Registered Emergency Address

You are solely responsible for providing and maintaining a correct and current Registered Emergency Address ("REA") for each phone number provisioned through the Service. The REA must include sufficient detail (such as floor, suite, or room number in multi-story buildings) to enable emergency responders to locate the caller. Failure to maintain an accurate REA may result in emergency calls being routed to the wrong dispatch center or emergency responders being sent to the wrong location.

Known Limitations

YOU ACKNOWLEDGE AND AGREE THAT EMERGENCY SERVICES WILL NOT FUNCTION IN THE FOLLOWING CIRCUMSTANCES:

• Power failure or loss of electricity at your location
• Loss of internet connectivity or broadband service
• Suspension or termination of your account (including due to billing issues)
• Service outages affecting Twilio, AWS, or other third-party infrastructure
• Use of certain features or configurations that are not compatible with 911
• Calls placed from a location different from the Registered Emergency Address on file

Your Obligations

You are solely responsible for:

• Informing all employees, end users, and any other persons who may place calls using the Service about the differences between VoIP 911 and traditional 911, including the limitations described above
• Complying with all applicable federal, state, and local laws governing emergency calling, including Kari's Law and Multi-Line Telephone System (MLTS) requirements (such as providing on-site notification when 911 is dialed and registering a dispatchable location for each endpoint)
• Keeping the Registered Emergency Address current for every phone number
• Testing Emergency Services after initial setup and periodically thereafter to confirm proper operation
• Ensuring that caller ID / phone number information is not blocked when placing a 911 call

Emergency Services Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AZTEC SOFTWARE, LLC, ITS OFFICERS, EMPLOYEES, AND AGENTS, AND ANY THIRD PARTIES INVOLVED IN THE ROUTING, HANDLING, DELIVERY, OR ANSWERING OF EMERGENCY CALLS (INCLUDING TWILIO AND ITS UNDERLYING CARRIERS), SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGE, LOSS, FINE, PENALTY, OR COST (INCLUDING ATTORNEYS' FEES) ARISING FROM OR RELATING TO THE USE OR ATTEMPTED USE OF EMERGENCY SERVICES, INCLUDING BUT NOT LIMITED TO: THE FAILURE OF EMERGENCY SERVICES TO FUNCTION; INCORRECT ROUTING OF A 911 CALL; FAILURE TO DELIVER CALLER LOCATION OR PHONE NUMBER INFORMATION; DELAYS IN EMERGENCY RESPONSE; OR ANY OTHER ACT OR OMISSION RELATED TO EMERGENCY CALLING. YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION.

Emergency Services Indemnification

You agree to release, indemnify, defend, and hold harmless Aztec Software, LLC from any claims, suits, proceedings, expenses, losses, liabilities, or damages arising out of the use or attempted use of Emergency Services by any person, including claims arising from: incorrect or outdated Registered Emergency Address information; failure to inform end users of VoIP 911 limitations; incorrect routing or mishandling of a 911 call; failure to comply with Kari's Law, MLTS, or other applicable emergency calling regulations; or any other act or omission related to Emergency Services.

Emergency Services Fee

Emergency Services are provided at an additional cost per phone number enabled for 911 calling. Current fees are listed on your billing dashboard. We reserve the right to change Emergency Services fees with 30 days' notice.

Intellectual Property

The Service, including its software, design, branding, and documentation, is owned by Aztec Software, LLC and protected by intellectual property laws. You retain ownership of all data and content you store in the Service. We claim no ownership rights over your data.

You grant us a limited, non-exclusive license to use your data solely to provide and improve the Service.

Payment & Billing

Certain features of the Service require payment. By subscribing to a paid plan, you agree to:

• Pay all fees associated with your selected plan, including usage-based charges for calling minutes and phone numbers
• Provide accurate and complete billing information
• Authorize us to charge your payment method on a recurring basis

Fees are non-refundable except as required by law. We reserve the right to change pricing with 30 days' notice. Continued use after a price change constitutes acceptance of the new pricing.

Service Availability

We use commercially reasonable efforts to keep the Service available, but we do not guarantee uninterrupted or error-free operation. The Service depends on third-party infrastructure, including Twilio and AWS, and may be affected by factors beyond our control.

We may perform scheduled maintenance or updates that temporarily affect availability. We will endeavor to provide reasonable notice of planned maintenance when possible.

Termination

Either party may terminate the relationship at any time:

• By you — You may close your account at any time by contacting us or using the account settings in the Service.
• By us — We may suspend or terminate your account if you violate these Terms, fail to pay fees, or if we are required to do so by law.

Upon termination, you may request an export of your data within 30 days. After 90 days, we will delete or anonymize your data in accordance with our Privacy Policy.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AZTEC SOFTWARE, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

WE ARE NOT LIABLE FOR CALL QUALITY ISSUES, DROPPED CALLS, OR SERVICE INTERRUPTIONS CAUSED BY TWILIO, AWS, OR OTHER THIRD-PARTY PROVIDERS, OR BY YOUR INTERNET CONNECTION OR EQUIPMENT.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless Aztec Software, LLC, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law, including TCPA, call recording laws, or privacy regulations
• Any data or content you store or transmit through the Service

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona. You consent to the personal jurisdiction of such courts and waive any objection to venue.

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at privacy@intonate.io. We will attempt to resolve the dispute within 30 days.

Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Effective Date" above. For significant changes, we may also notify you via email. Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms.

Contact Us

If you have questions about these Terms, please contact us: