Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and TrunkWave Telecom LLC ("TrunkWave," "we," "us," or "our") governing your access to and use of our communications platform, APIs, dashboard, and related services (collectively, the "Services").

1. Eligibility & Account

To use the Services, you must:

• Be at least 18 years of age and legally capable of entering into binding contracts
• Represent a registered business entity in good standing
• Provide accurate, complete information during registration and KYC review
• Maintain the security of your account credentials and API keys
• Notify us immediately of any unauthorized account access

You are responsible for all activity occurring under your account. We reserve the right to verify your identity and business at any time, and to suspend accounts that fail KYC requirements.

2. Description of Services

TrunkWave provides cloud-based communications infrastructure including programmable voice APIs, SMS messaging APIs, SIP trunking, DID number provisioning, and related services. Service availability, features, and pricing may change with reasonable notice.

3. Use of Services

You agree to use the Services only for lawful business purposes and in accordance with our Acceptable Use Policy. You shall not:

• Use the Services to violate any applicable law, regulation, or third-party right
• Send unsolicited commercial messages or make calls in violation of TCPA, CASL, or similar laws
• Spoof caller ID or otherwise misrepresent the origin of communications
• Engage in fraud, scams, phishing, or other deceptive practices
• Attempt to circumvent security measures, rate limits, or compliance controls
• Resell the Services without prior written authorization
• Use the Services to harass, threaten, or harm any individual or organization

4. Fees & Payment

4.1 Pricing

Service fees are described in your service agreement or order form. Prices may include monthly recurring charges, usage-based fees, and one-time setup costs.

4.2 Billing

Services may be billed on a prepaid or postpaid basis. Prepaid balances are non-refundable except as required by law. Postpaid invoices are due upon receipt unless otherwise specified.

4.3 Taxes

Fees are exclusive of applicable taxes, surcharges, USF contributions, regulatory fees, and other government-imposed charges, which will be added to invoices where applicable.

4.4 Late Payment

Past-due balances may incur interest at the lesser of 1.5% per month or the maximum rate permitted by law. We may suspend Services for non-payment.

5. Compliance Obligations

You are solely responsible for compliance with all applicable laws and regulations governing your use of the Services, including but not limited to:

• TCPA — Telephone Consumer Protection Act, including consent requirements, time-of-day restrictions, and DNC compliance
• CASL — Canada's Anti-Spam Legislation
• STIR/SHAKEN — Caller ID authentication framework
• A2P 10DLC — Application-to-person SMS registration for U.S. carriers
• HIPAA — If transmitting protected health information, you must execute a Business Associate Agreement
• GDPR / CCPA — Data protection and privacy laws applicable to end users
• Local jurisdictional laws — Including consent, recording, and data retention requirements

You represent and warrant that you have obtained all required consents from end users before initiating communications through the Services.

6. Suspension & Termination

6.1 Suspension

We may suspend Services immediately and without prior notice if we believe, in our reasonable judgment, that:

• You have violated these Terms or our Acceptable Use Policy
• Your account has been compromised or used for fraudulent activity
• Continued service poses material risk to our network, other customers, or third parties
• Required by law, regulation, court order, or upstream carrier directive

6.2 Termination

Either party may terminate the agreement with 30 days' written notice. We may terminate immediately for material breach, including non-payment, repeated AUP violations, or threats to network integrity.

6.3 Effect of Termination

Upon termination, your access to Services ends, outstanding fees become immediately due, and we may delete account data subject to legal retention requirements.

7. Disclaimers & Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or free from third-party interception. Voice and SMS delivery depend on upstream carriers and recipient device configurations beyond our control.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUNKWAVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE FEES YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless TrunkWave, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services in violation of these Terms or applicable law
• Your communications content, including TCPA violations
• Disputes between you and end users of communications you initiate
• Third-party claims arising from your use of the Services

10. Governing Law & Disputes

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles.

Any dispute arising from or relating to these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Arbitration shall be conducted in Wyoming, in English. Either party may seek injunctive relief in a court of competent jurisdiction for protection of intellectual property rights or to prevent network abuse.

YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

11. Changes to Terms

We may modify these Terms from time to time. Material changes will be communicated via email to account administrators or via prominent notice on our website at least 30 days before taking effect. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

12. Contact

For questions about these Terms, contact:

TrunkWave Telecom LLC
Wyoming, United States
Email: [email protected]