Terms of Service

By accessing or using Stylish Softphone (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and Answer Anywhere ("we," "us," or "our").

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and references to "you" include that organization.

Stylish Softphone is a cloud-based Voice over Internet Protocol (VoIP) softphone application that enables users to make and receive telephone calls over the Internet. The Service is provided on a subscription basis.

The Service is intended for business use. You must be at least 18 years of age and legally able to enter into contracts to use the Service.

• Enhanced 911 (E911) limitations: Unlike traditional telephone service, VoIP-based 9-1-1 calls may not automatically transmit your physical location or call-back number to emergency responders. Emergency personnel may not be able to call you back or locate you if the call is disconnected.
• Service interruptions: During a power outage, Internet outage, or if the Service is unavailable for any reason, you will not be able to make any calls, including 9-1-1 emergency calls, through Stylish Softphone.
• Always maintain an alternative means of contacting emergency services. You should have access to a traditional landline, cellular telephone, or other means to dial 9-1-1.
• Inform all users: If you are registering on behalf of an organization, you are responsible for notifying all individuals who may use the Service of these E911 limitations.
• United States — FCC Notice: In accordance with FCC rules (47 C.F.R. Part 9), you are hereby notified of the limitations of VoIP 9-1-1 service. By using the Service, you acknowledge receipt of this notice and agree that we are not liable for any inability to reach emergency services via the Service.
• Canada — CRTC Notice: Pursuant to CRTC Emergency Service Obligations for VoIP Providers (Telecom Decision CRTC 2005-21 and subsequent orders), you are advised that this VoIP service may have limitations with respect to 9-1-1 service. You should maintain an alternate means of accessing emergency services.

YOU EXPRESSLY AGREE THAT STYLISH SOFTPHONE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, DAMAGES, OR LOSS (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION) ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE SERVICE TO CONTACT EMERGENCY SERVICES.

To access the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security and confidentiality of your password
• Notify us immediately of any unauthorized access or breach of security
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that we believe are being used in violation of these Terms.

Free Trial: New accounts receive a free trial period as stated at registration. No credit card is required to start a trial. At the end of the trial period, the Service may become limited or unavailable until a paid subscription is activated.

Paid Subscriptions: Subscriptions are billed in advance on a monthly basis. By activating a paid subscription, you authorize us (through our payment processor, Stripe) to charge your payment method on a recurring basis.

Auto-Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You acknowledge and consent to this automatic renewal. We will charge the then-current subscription fee to your payment method on file.

Per-Seat Pricing: Subscriptions include a base fee plus a per-user (per-seat) fee. Adding users to your account will increase your monthly charge. Removing users will reduce your charge from the next billing cycle.

Price Changes: We may change subscription prices with at least 30 days' notice. Continued use of the Service after a price change constitutes your acceptance of the new pricing.

Refunds: Subscription fees are non-refundable except as required by applicable law. We do not provide refunds or credits for partial months of service, downgrades, or unused subscription periods.

Taxes: All fees are exclusive of applicable taxes. You are responsible for all taxes, duties, and levies arising from your use of the Service.

Failed Payments: If a payment fails, we may suspend your account. You are responsible for ensuring your payment information is current. We may attempt to re-process failed payments.

You may cancel your subscription at any time through the billing section of the Service. Cancellation takes effect at the end of the current billing period, and you retain access to the Service until that time. We do not offer prorated refunds for early cancellation.

To cancel, log in to your account, navigate to Billing, and select the cancellation option. You may also contact us at [email protected] for assistance.

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Transmit unsolicited commercial electronic messages in violation of Canada's Anti-Spam Legislation (CASL), the CAN-SPAM Act, or similar laws
• Engage in telemarketing, robocalling, or automated dialing in violation of applicable rules (CRTC, FCC, TCPA, or similar)
• Conduct fraudulent activities or impersonate any person or entity
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Resell, sublicense, or distribute the Service without our prior written consent
• Use the Service for any illegal purpose, including illegal call recording where consent is required
• Harass, threaten, or abuse any individual through the Service

Call Recording Compliance: If you use any call recording feature, you are solely responsible for complying with all applicable laws requiring notice and/or consent before recording calls, including but not limited to provincial/state wiretapping laws in Canada and the United States.

We reserve the right to immediately terminate accounts found in violation of this Section without refund.

We comply with Canada's Anti-Spam Legislation (CASL, S.C. 2010, c. 23). Commercial electronic messages we send to you will include:

• Clear identification of the sender
• A functional unsubscribe mechanism
• Our mailing address

Transactional messages (account creation, password resets, billing receipts) are necessary for the delivery of the Service and are exempt from commercial electronic message requirements under CASL.

The Service, including all software, designs, text, graphics, and other content, is owned by or licensed to us and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or create derivative works without our express written consent.

You retain ownership of any data you input into the Service. By using the Service, you grant us a limited license to process your data solely to provide the Service.

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT TRANSMITTED THROUGH THE SERVICE.

VOIP SERVICES ARE SUBJECT TO INTERNET CONNECTIVITY QUALITY AND MAY EXPERIENCE LATENCY, PACKET LOSS, OR UNAVAILABILITY. WE MAKE NO GUARANTEES REGARDING CALL QUALITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS (CAD $100).
• WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION.
• WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR INABILITY TO ACCESS EMERGENCY SERVICES THROUGH THE SERVICE.

Some jurisdictions do not allow limitation of implied warranties or exclusion of consequential damages, so some of the above limitations may not apply to you. In such cases, our liability is limited to the maximum extent permitted by applicable law.

You agree to indemnify, defend, and hold harmless Answer Anywhere, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Service, your violation of these Terms, or your violation of any applicable law or third-party rights.

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, where required by law, by email at least 14 days before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

We may modify, suspend, or discontinue features of the Service with reasonable prior notice where practicable. In the event of a complete discontinuation of the Service, we will provide at least 30 days' advance notice and a prorated refund for any unused prepaid subscription period.

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles.

For users in Canada: Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

For users in the United States: Nothing in these Terms limits your rights under applicable U.S. federal or state law, including the FCC's rules and regulations governing VoIP services.

We encourage you to contact us first at [email protected] to resolve any disputes informally before initiating legal proceedings.

Our Service is subject to applicable telecommunications regulations, including but not limited to:

• Canada: Telecommunications Act (S.C. 1993, c. 38), CRTC rules and decisions, including those governing VoIP services, emergency services obligations, and CASL
• United States: Federal Communications Act, FCC regulations including those governing interconnected VoIP services, E911 obligations (47 C.F.R. Part 9), and CPNI rules

We comply with applicable regulations governing the portability of telephone numbers, where supported. Contact [email protected] for information about number portability.

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to Internet outages, telecommunications failures, acts of God, natural disasters, labor disputes, government actions, or pandemic-related disruptions.

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

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