These Terms of Service (“Terms”) form a binding agreement between you and Onetouch Networks, Inc. (“OneTouch Networks,” “we,” “us,” or “our”). By accessing or using our website, applications, or services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.
Acceptance of Terms
By accessing or using the OneTouch Networks website at www.onetouchnetworks.com and its sub-domains (“Website”), our desktop, IP desk phone, and mobile applications (“Apps”), or our unified cloud communications and collaboration platform and related services (“Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case “you” and “your” will refer to that entity.
Description of Services
OneTouch Networks provides cloud-based telecommunications and IT solutions, including Unified Communications as a Service (UCaaS), hosted VoIP, internet connectivity, mobility management, and related professional and managed services. Specific features, configurations, service levels, and pricing are described in your service order, statement of work, or service-specific terms.
We may modify, enhance, or discontinue any portion of the Services from time to time. We will use commercially reasonable efforts to notify you of material changes that may adversely affect your use of the Services.
Eligibility and Account
To use the Services, you must be at least 18 years old and capable of forming a binding contract. You agree to provide accurate, current, and complete information when creating an account and to keep that information up to date.
You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at support@onetouchnetworks.com of any unauthorized use or suspected breach.
Acceptable Use
You agree not to use the Services to:
- Violate any applicable law, regulation, or third-party right;
- Transmit unlawful, harassing, defamatory, abusive, fraudulent, or obscene content;
- Send unsolicited bulk messages, spam, or robocalls in violation of the TCPA, CAN-SPAM Act, or similar laws;
- Distribute malware, viruses, or any code designed to disrupt or damage networks or systems;
- Attempt to gain unauthorized access to the Services, other accounts, or related infrastructure;
- Resell, sublicense, or commercially exploit the Services except as expressly permitted in writing;
- Interfere with the integrity, security, or performance of the Services.
We reserve the right to investigate suspected violations and, where appropriate, suspend or terminate access to the Services to protect our customers, network, and partners.
Fees, Billing and Taxes
You agree to pay all fees set forth in your service order or applicable pricing schedule. Unless otherwise specified, fees are billed in advance on a monthly basis and are non-refundable. Usage-based charges (such as international calling or overage) are billed in arrears.
Fees are exclusive of all applicable taxes, surcharges, regulatory fees, and government-imposed charges, including USF contributions and 911 service fees, which will be added to your invoice. Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
Term and Termination
These Terms apply for as long as you use the Services. Service orders may have specific initial terms, renewal periods, and early termination charges as set forth in the applicable order.
Either party may terminate for material breach if the breach remains uncured after thirty (30) days' written notice. We may suspend or terminate the Services immediately for non-payment, violation of Section 4 (Acceptable Use), or activity that creates a security or legal risk. Upon termination, your right to use the Services ends and outstanding fees become due.
E911 and Emergency Calling
Our hosted voice services include enhanced 911 (E911) capabilities, but VoIP emergency services operate differently from traditional landline 911. You are responsible for keeping your registered service address current so that emergency responders are dispatched to the correct location.
E911 may not function during power outages, broadband outages, network congestion, or if your device, network, or location data has been changed. You acknowledge these limitations and agree to inform all users of the Services of them.
SMS / Messaging Terms
If you opt in to receive SMS messages from OneTouch Networks, you consent to receive text messages related to phone system support, appointment reminders, follow-ups, and similar service communications. Message frequency may vary. Standard message and data rates may apply depending on your carrier's plan.
You may reply STOP at any time to opt out, or HELP for assistance. You may also contact support@onetouchnetworks.com to be removed from messaging lists. Phone numbers collected as part of the SMS consent process will not be shared with third parties for marketing purposes. See our Privacy Policy for additional information.
Intellectual Property
The Services, including all software, content, trademarks, logos, and underlying technology, are the property of OneTouch Networks or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes during the term.
You retain ownership of the data and content you submit through the Services (“Customer Data”). You grant us a worldwide, royalty-free license to use Customer Data only as necessary to deliver, maintain, secure, and improve the Services and to comply with law.
Confidentiality
Each party may receive non-public information of the other party (“Confidential Information”). The receiving party will protect Confidential Information with the same degree of care it uses to protect its own confidential information, but not less than a reasonable degree of care, and will use it only as necessary to perform under these Terms.
Third-Party Services
The Services may integrate with or rely on third-party products, networks, and services. We are not responsible for the availability, accuracy, content, privacy practices, or terms of any third party. Your use of third-party services is governed by the applicable third-party terms.
Disclaimer of Warranties
Except as expressly stated in a written service-level agreement, the Services are provided “as is” and “as available.” OneTouch Networks disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade.
We do not warrant that the Services will be uninterrupted, error-free, or completely secure, or that any defects will be corrected.
Limitation of Liability
To the maximum extent permitted by law, OneTouch Networks and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, business opportunity, or goodwill, arising out of or related to these Terms or the Services, even if advised of the possibility of such damages.
Our total aggregate liability for any claim arising out of or related to these Terms or the Services will not exceed the amount paid by you to OneTouch Networks for the Services in the twelve (12) months immediately preceding the event giving rise to the claim.
Indemnification
You agree to defend, indemnify, and hold harmless OneTouch Networks, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, your Customer Data, or your breach of these Terms or violation of applicable law.
Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California, for any dispute that is not subject to arbitration.
The parties will first attempt to resolve disputes informally by good-faith discussion. If a dispute cannot be resolved within sixty (60) days, either party may pursue available legal remedies.
Changes to These Terms
We may update these Terms from time to time to reflect changes in law, technology, or our business. When we do, we will revise the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms.
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