Terms of Service

1. Acceptance of Terms

By accessing or using FoneSwift ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service. We reserve the right to modify these Terms at any time, and your continued use constitutes acceptance of any changes.

2. Description of Service

FoneSwift provides a cloud-based VOIP and AI calling platform that enables businesses to:

• Purchase and manage phone numbers
• Make and receive calls
• Send and receive SMS messages
• Use AI-powered voice agents
• Record and transcribe calls
• Integrate with third-party applications

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. By creating an account, you represent that you meet these requirements.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your account information is accurate and current

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, illegal activity, or at our discretion.

4. Acceptable Use Policy

You agree NOT to use our Service to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Send spam, unsolicited marketing, or robocalls
• Harass, threaten, or abuse others
• Distribute malware or viruses
• Attempt to gain unauthorized access to systems
• Engage in fraudulent activities
• Make threatening or emergency prank calls
• Violate telemarketing regulations (TCPA, Do Not Call lists)

5. Billing and Payments

5.1 Fees

You agree to pay all fees associated with your selected plan. Fees are billed monthly in advance and are non-refundable except as required by law.

5.2 Overage Charges

If you exceed your plan limits, you will be charged overage fees as specified in your pricing plan.

5.3 Payment Methods

We accept credit cards and ACH transfers. You authorize us to charge your payment method automatically each billing cycle.

5.4 Late Payments

Failure to pay may result in service suspension or termination. We may charge interest on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

5.5 Refunds

Subscription fees are non-refundable. If you cancel mid-cycle, you may continue using the Service until the end of your billing period.

6. Intellectual Property

6.1 Our Rights

FoneSwift and all related trademarks, logos, and content are owned by us. You may not use our intellectual property without prior written consent.

6.2 Your Content

You retain ownership of content you upload (call recordings, scripts, data). By using our Service, you grant us a license to use, store, and process your content to provide the Service.

6.3 Feedback

Any feedback, suggestions, or ideas you provide become our property and may be used without compensation.

7. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy. By using our Service, you consent to our data practices as described in the Privacy Policy.

8. Service Level and Uptime

We strive to maintain 99.9% uptime but cannot guarantee uninterrupted service. We are not liable for:

• Scheduled maintenance
• Force majeure events
• Third-party service disruptions
• Your internet connectivity issues
• Events beyond our reasonable control

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY

You use the Service at your own risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FONESWIFT SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOST PROFITS OR REVENUE
• DATA LOSS
• BUSINESS INTERRUPTION

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim or $100, whichever is greater.

11. Indemnification

You agree to indemnify and hold harmless FoneSwift from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any rights of others.

12. Compliance with Laws

You are responsible for compliance with all applicable laws and regulations, including:

• Telephone Consumer Protection Act (TCPA)
• CAN-SPAM Act
• Do Not Call regulations
• GDPR (if applicable)
• HIPAA (if applicable)
• Recording consent laws
• International telecommunications regulations

13. Third-Party Services

Our Service may integrate with third-party services. We are not responsible for third-party content, services, or practices. Your use of third-party services is subject to their terms and policies.

14. Modification of Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice. We are not liable for any modifications or discontinuation.

15. Termination

15.1 By You

You may cancel your account at any time through your account settings or by contacting support.

15.2 By Us

We may terminate your account for:

• Violation of these Terms
• Non-payment
• Fraudulent activity
• At our discretion with 30 days notice

15.3 Effect of Termination

Upon termination, your access will cease immediately. We will retain your data for 90 days, after which it will be deleted unless required by law. No refunds will be provided for partial months.

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law provisions.

16.2 Arbitration

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. You waive your right to a jury trial or to participate in a class action.

16.3 Exceptions

Either party may seek injunctive relief in court for intellectual property disputes or breaches of confidentiality.

17. General Provisions

17.1 Entire Agreement

These Terms constitute the entire agreement between you and FoneSwift regarding the Service.

17.2 Severability

If any provision is found unenforceable, the remaining provisions will remain in effect.

17.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

17.4 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

18. Contact Information

For questions about these Terms, please contact us: