BizFlowy Phones Service Terms

By using or accessing BizFlowy’s Phones Service (“Phones”) (formerly known as Voice), or by signing or clicking to accept any Subscription Documentation that includes Phones or references these terms, you (“Client”) agree to be bound by the following terms and conditions (the “Phones Service Terms”).

These Phones Service Terms incorporate by reference the BizFlowy Terms of Service (currently available at: https://legal.bizflowy.com/#termsofservice-us) as updated from time to time. In the event of any conflict or inconsistency between these Phones Service Terms and the BizFlowy Terms of Service, these Phones Service Terms will govern with respect to the Phones Service. Capitalized terms used herein without a definition have the same meanings as those defined in the BizFlowy Terms of Service. All documents linked in these Phones Service Terms are deemed to be updated from time to time. For the avoidance of doubt, all references to the “Agreement” will include these Phones Service Terms.

1. DEFINITIONS

1.1 Phones Service Provider(s):
Means the third-party service provider(s) that BizFlowy uses to facilitate certain features of Phones. BizFlowy may add or remove Phones Service Providers at its sole discretion.

1.2 Desk Phone Products or Desk Phones:
Refers to the physical devices, along with any hardware and accessories provided or made available by BizFlowy as part of Phones. Any software and/or firmware preinstalled on, or distributed with, the Desk Phone Products forms an integral part of these products. Desk Phones are currently available to Clients in the United States only.

1.3 Web Phone:
Refers to the software-based phone available within the Phones desktop application (“Desktop Web Phone”) or the Phones mobile application (“Mobile Web Phone”). This service allows Clients to make phone calls through a properly equipped and configured computer or mobile device without the need for Desk Phone Products. Web Phone is available in the United States and Australia only.

2. SERVICES

2.1 BizFlowy Phones Overview:
BizFlowy Phones is a Voice over Internet Protocol (VoIP) phone system integrated with BizFlowy software to support communication with your Customers. Subject to your performance of your obligations under the Agreement (including any additional terms set forth in the applicable Subscription Documentation), BizFlowy will provide you with access to Phones. BizFlowy Phones includes hardware, software, and related services. To access and fully use Phones, you must register for and maintain an active account and Subscription with BizFlowy. Phones are available for use in the United States and Australia only. BizFlowy Phones is powered by BizFlowy Voice, LLC—a regulated affiliate of BizFlowy—which is entitled to enforce these terms as a third-party beneficiary.

2.2 Network Optimization Services (Optional):
BizFlowy offers a Network Optimization program designed to assess and improve your network’s compatibility and performance for VoIP services. Network Optimization services may include:

• Assessment of your network for VoIP readiness,
  
• Recommendations for network or hardware updates,
  
• Assistance with updating network settings,
  
• Installation support for Desk Phone Products,
  
• A limited warranty period of 30 days post-installation for the Network Optimization service.
  

Please note: BizFlowy does not perform Network Optimization services itself. Instead, it partners with independent Third-Party Providers who offer these services. Any such Third-Party Provider is not an employee, subcontractor, or agent of BizFlowy. When you purchase Network Optimization, you authorize BizFlowy to share your contact information with the Third-Party Provider and, if necessary, allow limited access to your BizFlowy account solely for facilitating these services.

3. CLIENT OBLIGATIONS

3.1 Client Data:
In addition to your obligations under the BizFlowy Terms of Service, by providing or making available any Client Data (including Personal Data of Customers) in connection with your use of Phones, you grant BizFlowy and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, fully-paid-up, and irrevocable right to:

• Collect, use, retain, transfer, and disclose Client Data (including to BizFlowy’s and Phones Service Provider’s third-party service providers) to provide the Phones Service; and
  
• Enable Phones Service Providers to use Client Data to deliver their services, analyze and improve their products, and incorporate Client Data into their systems, subject to the protections set forth in the BizFlowy Privacy Policy and applicable data protection laws (such as those outlined in the PDPL guidelines).
  

3.2 Compliance with Laws:
You agree to:

• Provide all required disclosures and obtain all necessary consents and authorizations from Customers in accordance with applicable laws before using Phones.
  
• Use Phones only in compliance with all applicable laws, these Phones Service Terms, and BizFlowy’s Acceptable Use Policy.
  
• Not attempt to bypass or circumvent any security measures or rate limits implemented in the Phones Service.
  

3.3 Recording and Transcription:
If you use any functionality that allows recording or transcription of calls or communications, you are solely responsible for ensuring that such usage complies with all applicable laws and regulations. BizFlowy disclaims any liability arising from your use of these features, and you agree to hold BizFlowy harmless for any claims related to such use.

3.4 Account Use and Security:
You are responsible for the security of your Phones account, including any passwords or access credentials. You must notify BizFlowy within twenty-four (24) hours of any unauthorized use or security breach. You acknowledge that placing telephony devices on publicly accessible networks increases risk and must implement adequate security measures. Your use of Phones is subject to the Scope of Use limits provided in your Subscription Documentation or as specified on BizFlowy’s Pricing Page. BizFlowy reserves the right to suspend or terminate your access if excessive, unauthorized, or prohibited usage is detected.

3.5 System and Technical Requirements:
As a VoIP service, Phones is affected by network speeds, connectivity, hardware, and other factors beyond BizFlowy’s control. You are responsible for maintaining sufficient internet access, network connectivity, power, and system requirements to support your use of Phones.

• Prior to purchasing Phones, BizFlowy may perform a network quality test to assess your network’s performance.
  
• If your network does not meet the minimum requirements, you may be required to purchase Network Optimization services or sign a waiver and work with your IT provider to upgrade your network.
  
• Once purchased, you remain responsible for maintaining network conditions that support the use of Phones. If network issues arise from factors outside BizFlowy’s control, no refunds or service credits will be provided.
  

4. TERM AND TERMINATION

4.1 Term:
These Phones Service Terms will commence on the start date of the applicable Subscription Documentation for Phones and will remain in effect until the Subscription Term expires or is terminated in accordance with your Subscription Documentation.

5. OWNERSHIP AND RIGHTS

5.1 Ownership:
These Phones Service Terms do not grant you any rights or licenses in BizFlowy Phones, Desk Phone Products, BizFlowy Technology, or related software other than those expressly stated herein. BizFlowy retains all rights, title, and interest, including intellectual property rights, in and to the Phones Service, Desk Phone Products, and software. All rights not expressly granted are reserved by BizFlowy.

6. FEES AND PAYMENT

6.1 Subscription Fees:
Unless otherwise specified in your Subscription Documentation, Phones is provided on a recurring per-license subscription basis with automatically recurring payments. You agree to pay all Fees as specified in your Subscription Documentation. Payment for all Fees is due within thirty (30) days of the invoice date.

6.2 Taxes and Additional Fees:
You are responsible for any applicable taxes and fees associated with your use of Phones. These charges may vary based on federal, state, or local regulations, and BizFlowy reserves the right to adjust these fees as required.

6.3 For Clients in Australia:
If you are located in Australia, please review our Australia Financial Hardship Policy if you encounter unexpected financial difficulties that may affect your ability to meet your Phones Service obligations.

7. DESK PHONE PRODUCTS

7.1 Overview:
Desk Phone Products are manufactured by third parties and resold by BizFlowy. All features, specifications, and prices are subject to change without notice. BizFlowy does not warrant that product descriptions are accurate, complete, reliable, or current, nor does it guarantee the availability of Desk Phone Products for purchase or lease.

7.2 Order and Delivery:

• BizFlowy will deliver Desk Phone Products to the delivery address specified in your Subscription Documentation. Risk of loss transfers to you upon delivery.
  
• BizFlowy will provide an estimated delivery date as a good-faith estimate, which is not binding.
  
• Title transfers upon your payment of all applicable fees and delivery of the Desk Phone Product, whichever is later.
  
• You must notify BizFlowy immediately if a Desk Phone is lost or stolen after delivery.
  

7.3 Use and Restrictions:
Your use of Desk Phone Products is subject to the BizFlowy Terms of Service, Acceptable Use Policy, these Phones Service Terms, and any additional terms in your Subscription Documentation. Use is limited to business purposes by authorized personnel using proper security measures.

7.4 Prohibited Actions:
You shall not, nor permit any third party to:

• Copy, reproduce, or distribute any part of a Desk Phone Product.
  
• Circumvent technical limitations or enable prohibited functionality.
  
• Reverse engineer, decompile, or disassemble a Desk Phone Product, except as permitted by law.
  
• Interfere with the normal operation or use of Desk Phone Products.
  
• Use Desk Phone Products outside the registered location without re-registration.
  
• Remove or alter proprietary notices on the Desk Phone Product.
  
• Use Desk Phone Products in violation of any applicable law.
  

7.5 Maintenance and Updates:
You are responsible for installing, integrating, and maintaining Desk Phone Products, including updating any associated software as required by BizFlowy or its Phones Service Providers. BizFlowy may issue updates, and you must install these updates to continue using the products. BizFlowy is not responsible for support of outdated versions.

7.6 Payment for Desk Phone Products:
Unless otherwise provided in your Subscription Documentation, you must pay the full purchase fee upon placing your order for Desk Phone Products.

8. LIMITED DESK PHONE WARRANTY AND SUPPORT

8.1 Limited Warranty:
BizFlowy provides a one-year limited warranty against defective materials and workmanship in Desk Phone Products, starting on the date of purchase and ending one year later. If a claim is submitted within this period that falls within the warranty’s scope, and you follow BizFlowy’s return instructions, BizFlowy may, at its option and as permitted by law, repair, replace, or refund part or all of the purchase price. This warranty applies only to unaltered hardware components used in accordance with these Phones Service Terms and not subject to damage from accidents, misuse, or neglect. Products with altered serial numbers will not be covered by the warranty.

8.2 Warranty Administration:
This limited warranty is provided by BizFlowy and not by the Phones Service Provider. It is non-transferable. You may have additional rights under applicable law. To submit a warranty claim, please contact BizFlowy for return instructions.

8.3 Disclaimer:
THE PHONES SERVICES AND DESK PHONE PRODUCTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. EXCEPT AS EXPRESSLY STATED, BIZFLOWY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES REGARDING DATA LOSS, AVAILABILITY, ACCURACY, FUNCTIONALITY, AND VIRUS-FREE PERFORMANCE. ANY WARRANTY THAT CANNOT BE DISCLAIMED SHALL, if required by law, be limited to one year from the date of receipt. Use of Desk Phone Products with other hardware may cause incompatibilities, and such use is at your own risk.

9. PHONE NUMBER PORTING

9.1 Port-In Requests:
If you request to port your phone number to BizFlowy Phones, you must execute a Letter of Authorization (LOA) provided by BizFlowy, including all required details, authorizing BizFlowy and its Phones Service Provider to initiate the porting process. You acknowledge that:

• Porting is subject to validation that your number can be ported.
  
• You may experience temporary service interruptions during the porting process, for which BizFlowy is not liable.
  
• Early termination of your contract with your current provider may result in cancellation fees, which are your responsibility.
  
• BizFlowy will use reasonable efforts to notify you upon completion of the port.
  

9.2 Port-Out Requests:
BizFlowy will comply with valid requests to port your phone number to another provider in accordance with applicable law. However, such a port-out request does not absolve you of any contractual obligations under your current agreement with BizFlowy. You may incur fees or charges for port-out requests as communicated to you by BizFlowy.

9.3 Number Releases:
Upon termination of your BizFlowy account, any phone numbers associated with your account that have not been ported may be released. It is your responsibility to port your number before your Subscription ends.

10. EMERGENCY SERVICES

10.1 Overview:
Since BizFlowy Phones is a VoIP service, emergency calling operates differently from traditional emergency systems and has inherent limitations. If you are not comfortable with these limitations, you must use alternative methods to contact emergency services. By using BizFlowy Phones, you acknowledge and agree to these limitations.

10.2 Emergency Calls Using Desk Phones & Desktop Web Phones:
When using a Desk Phone or Desktop Web Phone to make an emergency call, BizFlowy Phones relies on the information (including physical address) associated with your account to route the call to the appropriate emergency responder(s). You must register a physical address (“Registered Location”) when activating your Phones account and update it immediately if it changes. Failure to maintain an accurate Registered Location may delay emergency response. If no address is provided, the call may be routed to a national emergency center. You must also verbally confirm your location and contact details during an emergency call if the dispatcher does not automatically receive them.

10.2.1 Updating Registered Location:
Ensure that your Registered Location is accurate by:

• Dialing a designated number (e.g., 933) to verify your registered details.
  
• Visiting the “Phones Settings” page in your BizFlowy portal. Any updates will take effect once saved in the “Phones Settings.”
  

10.3 Emergency Calls via Mobile Web Phone:
If you attempt an emergency call using the Mobile Web Phone, the app will close and route the call to your device’s native dialer. If your device lacks a native dialer or active cellular service, emergency calls will not be possible. We advise using your device’s native dialer for emergency calls.

10.4 Additional Limitations:
Emergency calling through BizFlowy Phones may be hindered by:

• Internet or power outages,
  
• Termination or suspension of your broadband, ISP, or Phones service,
  
• Failure or misconfiguration of system equipment,
  
• Network congestion or technical issues. If you relocate outside the country where BizFlowy Phones is provided, emergency calls may fail.
  

10.5 Client Notice Obligations:
You are responsible for notifying all users of BizFlowy Phones (including employees and Authorized Users) about the limitations of emergency calling. Any labels or notices regarding emergency services provided by BizFlowy must be visibly attached to Desk Phones.

10.6 Client Indemnity:
You agree to indemnify and hold BizFlowy harmless from any claims, damages, or losses arising from:

• Inaccurate Registered Location information,
  
• Failure to notify users of emergency call limitations,
  
• Any inability to access emergency services via BizFlowy Phones.
  

10.7 Disclaimer:
Neither BizFlowy nor its representatives shall be liable for any claims, damages, or losses arising from the inability to use BizFlowy Phones to contact emergency services. BizFlowy disclaims all responsibility for the conduct of emergency response centers or any third parties involved in emergency response, and you release BizFlowy from any such liabilities.