Terms of Service

Last Updated: July 11, 2025

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (whether an individual or an entity) and TrunkIQ LLC, a Delaware Limited Liability Company with its principal office at 169 Madison Ave, Ste 15980, New York, NY 10016 (“TrunkIQ,” “we,” “us,” or “our”). These Terms govern your access to and use of the TrunkIQ website (https://trunkiq.com), including any related subdomains, customer portals, developer APIs, mobile applications, or other online platforms operated by TrunkIQ (collectively, the “Site”). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you are expressly prohibited from using the Site or our services and must discontinue use immediately.

Supplemental terms or policies (such as our Privacy Policy or Acceptable Use Policy) that are referenced in these Terms or posted on the Site are hereby incorporated by reference. We reserve the right to modify or update these Terms at any time, in our sole discretion, by posting the updated Terms on the Site and updating the “Last Updated” date. It is your responsibility to review these Terms periodically for changes. Your continued use of the Site or services after updated Terms are posted constitutes your acceptance of those changes.

2. Relationship to Master Services Agreement (MSA) and AUP

These Terms apply to all users of our Site, customer portal, and APIs. However, if you become a customer of TrunkIQ’s enterprise communication services, your use of our communications platform and related services (such as TrunkIQ Reach, TrunkIQ Connect, TrunkIQ Numbers, TrunkIQ Voice, TrunkIQ Engage, TrunkIQ TrustID, etc.) will also be governed by our Master Services Agreement (“MSA”) and our Acceptable Use Policy (“AUP”) in addition to these Terms. The MSA (along with its incorporated Service Orders and the AUP) is a separate contract that sets forth additional terms for provisioning and use of TrunkIQ’s telecommunication services. In the event of any conflict between these Terms and an executed MSA, the MSA will prevail with respect to the use of the TrunkIQ services. The AUP is an integral part of the MSA and use of our Services is a privilege conditioned upon your adherence to the AUP. All users of the TrunkIQ platform must comply with the AUP’s rules for lawful and acceptable use of our voice, SMS/MMS, and related services.

To become a TrunkIQ enterprise customer, you will be required to undergo our Know-Your-Customer (KYC) verification process and execute the MSA (and applicable Service Order Forms). By doing so, you agree to provide accurate information and documentation as needed for us to verify your identity, business credentials, and regulatory compliance. If you do not satisfy our KYC requirements or if any information you provide is found to be false or non-compliant, we reserve the right to refuse access to the customer portal or services.

3. Eligibility, Account Registration, and KYC

Eligibility: You represent that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Site or services on behalf of a company or other organization, you represent that you have the authority to bind that organization to these Terms and that the organization meets any applicable eligibility requirements.

Account Registration: To access certain features of the Site (such as the customer portal or APIs) or to use our services, you may need to register an account. You agree to provide truthful, current, and complete information during registration and to promptly update such information if it changes. Account credentials (such as login passwords or API keys) must be kept confidential. You are responsible for all activity that occurs under your account. If you become aware of any unauthorized use of your account or breach of security, you must notify us immediately. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.

Know-Your-Customer (KYC) and Verification: As part of account setup and ongoing compliance, you agree to provide any information and cooperation that we may reasonably require to verify your identity, validate your business, and ensure compliance with law (including anti-fraud, anti-spam, and anti-terrorism regulations). This may include providing identification documents, corporate documentation, proof of address, information about your intended use of the services, and, if you resell our services or use them for end-users, information about those end-users. You authorize us to obtain reports from agencies or utilize third-party services to confirm the information you provide. Your account and service access may be suspended or terminated if required KYC information is not provided or if we suspect that your information is inaccurate or fraudulent.

Enterprise Customer Responsibilities: If you are an enterprise customer (or if you allow your employees, contractors, or end-users to access our services through your account), you are responsible for all use of the Site and services by those end-users. You must ensure that all such end-users comply with these Terms and our AUP at all times. You are solely responsible for the content of communications sent through your account and for any harm caused by those communications. Customer is responsible for its use of the Services and the use by its end-users, and must ensure all use is lawful and in compliance with the AUP and applicable laws. If you become aware of any activity by your users that violates these Terms or the AUP, you must immediately take action to stop the activity and notify TrunkIQ.

4. Intellectual Property Rights

Unless otherwise indicated, the Site (including all software, code, databases, and functionalities of the customer portal and APIs) is our proprietary property. All content on the Site, including but not limited to text, graphics, logos, buttons, icons, images, audio clips, downloads, data compilations, and software (collectively, the “Content”), and all trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by TrunkIQ or licensed to us, and are protected by U.S. and international intellectual property laws. TrunkIQ retains all rights, title, and interest in and to the Site, the services, and all related technology, interfaces, and tools.

The Content and Marks on the Site are provided “AS IS” for your information and personal or internal business use only. No license or rights to use any Content, Marks, or TrunkIQ technology are granted to you by virtue of your use of the Site or services, except for the limited right to use the Site and services for their intended purpose in compliance with these Terms and, if applicable, the MSA. You agree that you will not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license or otherwise exploit any part of the Site (including Content and Marks) for any commercial purpose without our express prior written permission. You further agree not to reverse-engineer, decompile, or disassemble any software or technology used to provide the Site or services, except to the limited extent allowed by law. All rights not expressly granted to you in these Terms or in the MSA are reserved by TrunkIQ and its licensors.

Feedback: If you submit any suggestions, enhancement requests, or other feedback about our Site or services, we may use and implement such feedback without any obligation to you. You agree that any feedback you provide is non-confidential and royalty-free, and that we own any improvements or new features developed as a result of such feedback.

5. User Representations

By using the Site, you represent and warrant that: (1) you have the legal capacity and authority to agree to these Terms (and if you are accepting on behalf of an entity, you have the full right and authority to bind that entity); (2) you will comply with these Terms and all applicable laws and regulations in your use of the Site and services; (3) all information you submit to us (including registration and KYC information) is truthful and accurate, and you will maintain the accuracy of such information; (4) you will not access the Site through automated or non-human means (such as scripts, bots, or scrapers) without our prior written consent; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any applicable law, regulation, or ordinance.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site or services (or any portion thereof).

6. Acceptable Use and Prohibited Activities

General Use Restrictions: You may use the Site and our services only for legitimate and lawful purposes, and in accordance with these Terms, the AUP, and all applicable laws. You agree that you will not:

• Use the Site in Unauthorized Ways: Access or use the public Site for any purpose other than the legitimate business purposes for which we make it available. For example, you may not systematically retrieve data or Content from the Site to create your own collection or database without our written permission, nor use any automated means (such as bots or scrapers) to access the Site without authorization. You also may not use the Site to collect information (such as email addresses or usernames) of other users for the purpose of sending unsolicited communications or for any commercial solicitation.
• Interfere with Site Security or Operations: Attempt to circumvent, disable, or interfere with any security features of the Site, or otherwise attempt to gain unauthorized access to any portion of the Site, our servers, or the networks connected to the Site. Additionally, you shall not engage in unauthorized framing of or linking to the Site, or introduce any viruses, Trojan horses, malware, or other material that disrupts or harms the functionality of the Site or others’ use of the Site.
• Misuse the Site or Content: Use the Site or any of its Content for competitive purposes or in any manner that derives revenue or commercial gain without our permission (for example, scraping our Site content to create a competing service is prohibited). You will not impersonate any person or entity or misrepresent your affiliation with a person or entity when using the Site. You also agree not to harass, abuse, or harm any TrunkIQ personnel or agents via the Site (such as via support chat or email). Your use of the Site must at all times comply with all applicable laws and regulations.

Additional Restrictions for TrunkIQ Services (Portal/API): In addition to the general restrictions above, if you access or use TrunkIQ’s enterprise communication services through our customer portal or APIs (for example, to send voice calls, SMS/MMS messages, or use phone numbers), you further agree that you will NOT engage in any of the following prohibited activities in connection with the services:

• Illegal or Fraudulent Use: You will not use the services in any manner that violates any applicable law or regulation or the rights of others, or that furthers or promotes any fraudulent, deceptive, or harmful purpose. This includes (but is not limited to) compliance with all applicable telecommunications laws, privacy and data protection laws, consumer protection and telemarketing regulations, export control laws, and any laws governing the content and timing of communications. The services may not be used to violate the law or any person’s rights, or to transmit any content that is fraudulent, harmful, or deceptive.
• Violations of Acceptable Use Policy: You must adhere to our AUP at all times. Prohibited activities under our AUP include, for example, initiating any unlawful robocalls or unsolicited communications without proper consent, engaging in illegal telemarketing practices, transmitting misleading or spoofed caller ID information, sending fraudulent or scam communications, and other abusive or fraudulent calling practices. You may not falsify or misrepresent caller identification or origin of communications – any form of caller ID spoofing or manipulation intended to deceive or defraud is strictly prohibited. All calls and messages must accurately identify the calling party as required by law (e.g., compliance with the U.S. Truth in Caller ID Act) and caller ID spoofing is forbidden. You also may not initiate unsolicited mass messaging (“spam”) or illegal robocalls using our services, nor contact any individual who has not provided the required consent for such communications. Violation of telemarketing laws or sending spam through our services is grounds for immediate suspension or termination of service, and you will be responsible for any fines or legal penalties that result from unlawful messaging or calling practices.
• Unlawful Content or Activities: You will not use TrunkIQ services to transmit any content that is illegal, fraudulent, defamatory, obscene, harassing, or otherwise objectionable. Prohibited content and activities include, but are not limited to: communications that involve fraudulent schemes or scams, unlawful harassment or hate speech, indecent or pornographic material (except as permitted by law and applicable carrier policies), calls or messages that incite violence or discrimination, or any content that infringes on the intellectual property or privacy rights of others. Even if certain content might be legal in some jurisdictions, TrunkIQ reserves the right to restrict content that we deem highly objectionable or harmful to our reputation or the telecommunications network. You are also forbidden from using the services in any way that would violate the acceptable use policies of our underlying carriers or service providers, or that would cause TrunkIQ to be in violation of any law or regulation.
• Consent and Regulatory Compliance: If you use our services for telemarketing, autodialing, mass texting, or other regulated communications, you are solely responsible for ensuring compliance with all applicable consent requirements and regulations such as the U.S. Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, Telemarketing Sales Rule, and any analogous state or international laws. You must obtain any required prior express consent from recipients before sending automated calls or texts (and, where required, prior express written consent for certain marketing messages). You must also honor all opt-out or do-not-call (DNC) requests from recipients. Unsolicited calls or texts without proper consent are prohibited, and you may not use our services to contact any party that has not given the requisite consent. You are responsible for applying any required consumer consent mechanisms, maintaining opt-out lists, and complying with time-of-day and do-not-call registry rules as applicable. If you violate telemarketing or spam laws, we may immediately suspend or terminate your service, and you agree to indemnify TrunkIQ for any fines or penalties incurred due to your unlawful practices.
• STIR/SHAKEN and Call Authentication: You agree not to bypass or undermine any caller ID authentication measures. If you are using TrunkIQ voice services, you must comply with industry protocols like STIR/SHAKEN designed to combat illegal spoofing and robocalls. TrunkIQ may require that you implement STIR/SHAKEN for your outbound calls (e.g., by obtaining attestation tokens) and you shall not take any action to evade these requirements. All calls using U.S. numbers must be authenticated with valid identity headers as required by law, and failure to do so is a violation of these terms and our AUP. We do not guarantee that implementing STIR/SHAKEN will prevent other carriers or apps from blocking or labeling your calls, as such measures are outside our control.
• Network Integrity and Security: You shall not use the services in any manner that interferes with, disrupts, or harms TrunkIQ’s network or the use of the services by other customers. Prohibited technical abuses include: launching or facilitating any form of attack on networks or systems (e.g., denial-of-service (DoS) attacks), attempting to gain unauthorized access to any systems, accounts, or devices, probing or scanning the vulnerability of any system or network (except as authorized for legitimate security testing of your own systems), or distributing malware, viruses, or any other harmful code via the services. You may not use the services in a way that would cause interference with the normal operations of telecommunications networks. For example, extremely high-volume short-duration call patterns, continuous dialing, “war dialing,” or other activities that threaten network stability are not permitted (TrunkIQ’s AUP and policies on traffic profiling and quality must be observed). TrunkIQ reserves the right to implement traffic management controls or suspend services to protect network integrity if your usage is causing technical issues or abuse.
• Unauthorized Resale or Sharing: You may not resell, rent, or lease our services to third parties unless expressly authorized in writing (and subject to a reseller agreement). You also may not permit any third party who is not an authorized user under your account to access the services using your credentials. If you are an authorized TrunkIQ reseller or using our services to provide solutions to your clients, you are responsible for ensuring that any third-party end-users agree to and abide by terms no less stringent than these Terms and the AUP. You will be solely liable for any breaches of such terms by your end-users.
• Export Control and Sanctions: You will not use or access the Site or services if you are located in, under the control of, or a national or resident of any country or region subject to U.S. trade sanctions or embargoes (such as Cuba, North Korea, Syria, Iran, and the Crimea, Donetsk, and Luhansk regions of Ukraine), or if you are on any U.S. government list of prohibited or restricted parties (including the Specially Designated Nationals list). You agree to comply with all applicable export and import control laws in your use of the services. This includes not exporting or re-exporting the services or any technical information to any prohibited country or individual. By using TrunkIQ’s services, you represent and warrant that you are not a person or entity barred from receiving services under U.S. law or other applicable laws.

The examples of prohibited activities above are not exhaustive. Any use of the Site or services in breach of the above restrictions or any part of our AUP may result in immediate suspension or termination of your access, and may also expose you to civil, administrative, or criminal liability. We reserve the right to take immediate action (including network blocking, filtering, account suspension, and cooperation with law enforcement) to enforce these restrictions and protect our platform. You are responsible for any costs or losses incurred by TrunkIQ (including regulatory fines, carrier penalties, or legal fees) as a result of your violation of the foregoing use restrictions or the AUP.

7. Privacy and Data Protection

Privacy Policy: Please review TrunkIQ’s Privacy Policy (available on our website) for details on how we collect, use, store, and disclose personal information. By using the Site or our services, you acknowledge that we will handle personal data in accordance with our Privacy Policy and applicable privacy laws. Our Privacy Policy is expressly incorporated into these Terms by reference.

Compliance with Data Protection Laws: TrunkIQ is committed to complying with applicable data protection and privacy laws, including the California Consumer Privacy Act (CCPA), the EU/UK General Data Protection Regulation (GDPR), and other similar laws. Likewise, you agree that you will use our Site and services in compliance with all applicable privacy and data protection laws. If you use TrunkIQ services to collect, store, or transmit personal data (for example, phone numbers of your customers, call recordings, or message content), you are solely responsible for ensuring you have obtained all necessary rights, consents, and permissions to use that data in connection with the services. You must provide any required notices to, and obtain any required consents from, individuals whose personal data you input into our platform or communicate with using our services, as required by laws like the GDPR and TCPA. This includes (where applicable) obtaining consent for recording calls or sending text messages, honoring opt-out requests, and facilitating data subject rights requests if you receive them.

Data Security: We implement reasonable and appropriate technical and organizational measures designed to protect personal data within our systems from unauthorized access, loss, or disclosure. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials and any personal data that you download or store outside of our systems. If you become aware of any security breach or unauthorized access involving your account or data, you must promptly notify TrunkIQ.

Data Processing and International Transfers: If you are located outside the United States or will transfer personal data internationally when using our services, you acknowledge that personal data may be processed and stored in the United States or other jurisdictions where we or our subprocessors maintain facilities. We will conduct such transfers in compliance with applicable data transfer regulations. If required by law or upon request, TrunkIQ can provide a Data Processing Addendum (DPA) to govern the processing of personal data on your behalf when using our services (for example, to meet GDPR Article 28 requirements). Please contact us to arrange a DPA if needed for your use of the services.

Disclosure of Information: We value your privacy and will not disclose your personal information to third parties except as described in our Privacy Policy. You acknowledge, however, that TrunkIQ may disclose Customer information and communications data if required by law or valid legal process, or if we determine in good faith that such disclosure is necessary to investigate or remediate a violation of these Terms or unlawful use of our services. For example, if required by law enforcement or regulators (e.g., under subpoena or court order), or if necessary to prevent harm or fraud, we may share information such as relevant account details, traffic records, and the content of communications as permitted by law. We may also cooperate with industry anti-fraud and traceback initiatives (such as the USTelecom Industry Traceback Group) by providing requested information about calls or messages originating from your account in order to track and combat illegal communications. We adhere to our Privacy Policy and applicable privacy laws, but please note that unlawful or abusive activity is generally not protected by privacy obligations. By using our services, you consent to such disclosures in accordance with law and our Privacy Policy.

For more information on how we handle personal data and your rights, please refer to the Privacy Policy or contact us at the address provided in the “Contact Us” section below.

8. Site Management and Enforcement

We reserve the right (but have no obligation) to monitor the Site and your use of our services for compliance with these Terms, our policies, and applicable law. If we determine, in our sole discretion, that you or any user of your account has violated these Terms or the law, we may take any action we deem necessary to enforce our rights and protect our interests, including:

• Investigative and Legal Action: We may investigate any suspected or alleged violation and, if appropriate, take legal action against you. This can include reporting you to law enforcement or regulatory authorities, and cooperating with their investigations. You expressly consent to us disclosing information to law enforcement and regulators (such as call logs, user details, and message content) as needed to respond to subpoenas, court orders, or to prevent illegal activities.
• Interim Measures: We may, without notice, refuse, limit, or suspend your access to the Site or services (including by blocking certain IP addresses or disabling your account or API access) if, in our judgment, your use violates these Terms or law, or if it threatens the integrity, security, or availability of our platform. In such cases, we may also remove or disable access to any of your content or data that is involved in the violation.
• AUP Enforcement: Actions that violate our AUP or these Terms may result in immediate suspension of services. We reserve the right to filter, block, or disconnect any traffic that we reasonably believe is prohibited or harmful (for example, spam or calls to high-risk destinations as identified in our AUP). We may also apply network-level blocks on offending numbers or accounts to protect our network and other customers.
• Remediation and Reconnection: If your service is suspended for a violation, we may (but are not obligated to) restore service once we have confirmed that the issue has been resolved and received adequate assurances of future compliance. In our discretion, we may impose conditions for restoration of service (such as requiring you to implement certain safeguards or to agree to specific limitations). Repeated or egregious violations will likely result in permanent termination of your account and services.
• Costs of Enforcement: If your violation of these Terms or the AUP causes us to incur any costs, damages, losses, or legal liabilities (such as fines from carriers or government agencies), you agree to reimburse and indemnify TrunkIQ for those costs (see Indemnification section below).

Our decision not to exercise or enforce any specific right or remedy under these Terms does not constitute a waiver of that right. We may enforce our rights and the Terms at any time, and any delay in enforcement will not prejudice our ability to enforce them later.

9. Term and Termination

Term: These Terms are effective from the moment you first access the Site or use our services, and will remain in full force and effect so long as you continue to access the Site or use the services. Certain provisions of these Terms (such as indemnification, limitations of liability, etc.) will continue in effect even after you stop using the Site or services, as noted in the Survival clause in the Miscellaneous section.

Termination by TrunkIQ: We reserve the right to terminate or suspend your access to the Site or services at any time, for any reason or no reason, at our sole discretion, without notice or liability to you. This includes the right to block certain IP addresses or device identifiers, or to deactivate your account, if we determine that you have violated these Terms, the AUP, or any applicable law or regulation, or if your use of the services presents a security, compliance, or reputational risk to us or our network. If you have an MSA with TrunkIQ, termination of your service for cause will be handled in accordance with the termination provisions of the MSA; however, any breach of these Terms or the AUP by you will also be considered a breach of the MSA. We may also terminate the MSA and your services for cause upon such breach (in addition to any other remedies we have). In certain cases, TrunkIQ may choose to give you an opportunity to cure a violation (if curable) before termination, but we are not obligated to do so.

Termination by You: If you wish to terminate your agreement with TrunkIQ, you may do so by discontinuing all use of the Site and services. Enterprise customers who have signed an MSA should refer to the MSA for any notice and termination procedures (e.g., providing notice of non-renewal or termination as required). For users without a separate MSA, you may request account cancellation via the Site’s account settings or by contacting our support. Upon our processing of your cancellation request, your account will be closed.

Effect of Termination: Upon termination of your access or account, your right to use the Site and services will immediately cease. We may delete or deactivate your account and all related data, files, and content associated with it (except to the extent we are required to retain data by law or for legitimate business purposes). You agree that TrunkIQ shall have no liability to you or any third party for the termination of your access or the deletion of your data, provided we act in accordance with our Privacy Policy and applicable law. If your account or services are terminated due to a violation of these Terms or the AUP, you will not be entitled to any refund or credit for any fees or pre-paid amounts (if applicable), and you remain responsible for all charges incurred up to the date of termination (and for any usage or fees through the end of the billing period in which termination occurred, if so provided in the MSA or service terms).

After termination, you must immediately cease any use of the TrunkIQ services and any TrunkIQ proprietary information. Any provisions of these Terms which by their nature should survive termination (such as payment obligations, indemnities, disclaimers, limitations of liability, dispute resolution, and governing law) shall survive. Termination of these Terms or your account will not relieve you of liability for any breach occurring prior to termination.

10. Modifications, Downtime, and Service Interruptions

TrunkIQ reserves the right to modify, suspend, or discontinue the Site or any portion of the services at any time, for any reason, without notice. We may add or remove features, impose limits on certain features, or restrict access to parts or all of the Site or services. For example, we may beta test new features or retire old features at our discretion. You agree that TrunkIQ will not be liable to you or any third party for any changes, price adjustments, suspension, or discontinuance of the Site or any service.

We strive to maintain high availability and performance of our services, but we do not guarantee that the Site or services will be available at all times or without interruption. From time to time, the Site or services may be unavailable due to scheduled maintenance, upgrades, emergency repairs, telecommunications or network failures, force majeure events, or other causes beyond our reasonable control. You may experience interruptions, delays, or errors in such circumstances. You acknowledge that communications services are subject to the inherent risks of the internet and telecommunications infrastructure, and that occasional downtime or service degradation may occur.

While we endeavor to minimize disruption, TrunkIQ shall not be liable for any unavailability of the Site or services, any loss of data or communications, or any delay or failure in performance resulting from any cause beyond our reasonable control (such as power outages, cyber-attacks, war, acts of God, labor disputes, or regulatory actions). In the event of an extended outage affecting our services, we will use reasonable efforts to post updates on the Site or notify customers through other channels.

It is your responsibility to ensure that you have necessary backup systems or contingency plans to deal with service interruptions. For example, if your business requires continuous uptime or emergency calling capabilities, you should have alternate telecommunications providers or backup connections in place. TrunkIQ will not be liable for any damages or losses incurred by you due to downtime, delays, or service interruptions, as further specified in the Disclaimers and Limitations of Liability sections below.

11. Emergency Services (911) Limitations

Important: If you are using TrunkIQ’s voice services (VoIP) to place calls, including emergency calls (e.g., 911 in the U.S. or 112/999 in other regions), you must be aware of and acknowledge the following limitations of VoIP-based emergency calling, as detailed in our AUP and service documentation:

• No Traditional 911 Service: TrunkIQ’s VoIP services provide access to emergency calling in certain jurisdictions, but **VoIP 911 **may not function the same as traditional landline or cellular 911 service. For example, when you dial 911 using TrunkIQ’s service, the call may not automatically transmit your precise location or callback number to the emergency dispatcher, and it might not be routed to the nearest Public Safety Answering Point (PSAP). In some cases, VoIP 911 calls may be routed to a national or regional emergency call center that may then attempt to route your call to the appropriate local authorities. This can result in delays in emergency response. Calls to emergency services via our VoIP platform could be delayed, misrouted, or fail entirely due to technical limitations.
• Registered Location: You are required to register a valid physical address (Registered Location) for each phone number or device that will be used to dial emergency services through TrunkIQ, and you must update this information whenever the device’s location changes. The Registered Location is used to route 911 calls to the appropriate PSAP and to assist emergency responders. If you move a VoIP phone or use our service from a new location without updating the registered address, your 911 call may be sent to the wrong emergency center or responders may be dispatched to an outdated address. Neither TrunkIQ nor the emergency operators can automatically know that you have moved a device – it is your responsibility to keep location information current. We strongly recommend that you test the 911 functionality (where non-emergency test numbers are available, such as 933 in the U.S.) after registration or any change in location, to confirm that the correct address is on file and the call routes properly.
• User Notifications: You must inform all persons who may use VoIP phones or devices under your TrunkIQ account (such as employees, contractors, or guests) about the potential limitations of VoIP emergency calling. All end-users should be made aware that if they dial 911 from a VoIP phone, they need to be prepared to provide their location and call-back number to the emergency operator, because this information may not be automatically available. We recommend (and some jurisdictions legally require) that you place warning labels on or near VoIP devices stating, for example: “Warning: Emergency 911 service may be limited or not available via this device. In case of emergency, use a landline or cellular phone.” It is your responsibility to train your staff or end-users on how to use the emergency calling feature and what steps to take (such as verbally giving their address to the dispatcher).
• Power/Internet Outages: You acknowledge that VoIP emergency calling will not function if there is an internet outage, power failure, or other disruption to the service or the device. For instance, if your office loses internet connectivity or electricity, any VoIP phone connected to our service will be unable to place a 911 call until connectivity is restored and the device is re-registered on the network. We strongly recommend that you maintain alternative means of accessing emergency services, such as a traditional phone line or a cellular phone, for use during such outages. It is also advised to have backup power (e.g., UPS or generator) for any network equipment used with the VoIP service to increase reliability during power failures.
• Limitation of Liability for Emergency Calls: While TrunkIQ endeavors to provide reliable access to emergency services, you acknowledge and agree that TrunkIQ does not and cannot guarantee that 911 calls will be completed, or that emergency responders will properly receive your information or be dispatched in a timely manner. To the fullest extent permitted by law, TrunkIQ disclaims any and all liability for any injury, damage, or consequence arising out of the inability to reach emergency services, delayed connection, misrouting of a 911 call, or any failure of emergency communications using our services. You, as the customer, are responsible for procuring and maintaining alternative means for contacting emergency services (such as a landline telephone or mobile phone), and for informing your end-users of this necessity. By using our services, you agree to hold TrunkIQ harmless from any claims or damages resulting from unsuccessful or impaired emergency calling via the services, acknowledging that you have been advised of these limitations and that you have educated your users accordingly.

Some jurisdictions require customer acknowledgment of VoIP 911 limitations in writing. By accepting these Terms and using our services, you affirm that you have read and understood the above 911 limitations. We may also separately provide you with a VoIP 911 disclosure document for signature as required by law or our internal policy. Your continued use of TrunkIQ’s voice services is contingent on your adherence to the obligations and acknowledgments above.

12. Disclaimers of Warranties

THE SITE, THE SERVICES, AND ALL CONTENT AND FEATURES THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TRUNKIQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, relating to the Site, the services, and your use thereof, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that might arise from a course of dealing or usage of trade.

TrunkIQ does not warrant that the Site or services will meet your requirements or that access will be uninterrupted, error-free, or secure. We make no guarantee that communications (calls, texts, etc.) will be successfully connected or delivered, or that they will be free of delay or error. You understand that use of the internet and telecommunications services has inherent risks and that information transmitted to or from our platform may not be absolutely secure, and we expressly disclaim any liability for loss or disclosure of data due to unauthorized access or events beyond our control.

No Warranty on Content: TrunkIQ makes no representations or warranties regarding the accuracy, completeness, or usefulness of any information or Content on the Site. Any material downloaded or otherwise obtained through the Site or services is accessed at your own discretion and risk, and we are not responsible for any harm to your computer system or device, or any loss of data, that results from the download of any such material. We also make no warranty that any third-party links or websites referenced on our Site are accurate or safe; we are not responsible for the content of any third-party sites.

Service Quality: While TrunkIQ endeavors to provide a high-quality, reliable service, we do not guarantee any specific call quality, voice clarity, data throughput, or other performance metrics for the services. Any statements regarding expected service performance (such as uptime targets or quality metrics) are aspirational and not guaranteed unless expressly set forth in a Service Level Agreement (SLA) that is part of your MSA.

Emergency Services Disclaimer: *TrunkIQ *specifically disclaims any representation that the VoIP emergency calling service (e.g., 911) will function without limitation or error. As described in the Emergency Services section above, 911 calls made using our service may fail, be delayed, or be misdirected due to circumstances outside our control. We provide access to emergency calling on an “as is” basis with known limitations, and we will not be liable for any injury, death, or damage that results from an inability to reach emergency responders through our service. You are advised to maintain alternative means for calling 911 and to inform all users of the VoIP service about its limitations. To the extent any warranty cannot be disclaimed under law, the scope and duration of such warranty will be the minimum permitted under such law.

No Other Warranties: No advice or information (whether oral or written) obtained from TrunkIQ or through the Site/services shall create any warranty not expressly stated in these Terms. TrunkIQ does not warrant that any regulatory or legal compliance by you will be achieved by using our services; you are solely responsible for ensuring your use is compliant with applicable laws. TrunkIQ disclaims any liability for actions taken by third-party carriers, telephone companies, or regulators that affect your use of the services (for example, call blocking or labeling by other carriers, number recycling by telcos, etc.).

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or other assurances, so some of the above exclusions may not apply to you. In such cases, TrunkIQ’s warranties will be limited to the fullest extent permitted by applicable law.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRUNKIQ OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR SUPPLIERS BE LIABLE TO YOU (OR ANY THIRD PARTY claiming through you) FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, including but not limited to lost profits, lost revenue, loss of business opportunity, loss of goodwill, loss of data, service interruption, or procurement of substitute services, arising out of or related to your use of (or inability to use) the Site or services, even if we have been advised of the possibility of such damages.

This limitation of liability applies regardless of the form of action, whether in contract, tort, strict liability, statutory or otherwise, and even if a limited remedy fails of its essential purpose. TrunkIQ’s total aggregate liability for any claims arising from or related to the Site or services (including any cause of action sounding in contract, warranty, tort, or strict liability) shall not exceed the amount you have paid to TrunkIQ for the service giving rise to the claim in the three (3) months immediately preceding the event giving rise to the claim (or, if no fees have been paid, $100 USD).

Specific Risks: Without limiting the generality of the foregoing, TrunkIQ shall not be liable for any claims, losses or damages resulting from: (a) your use of the services in violation of law or these Terms; (b) any act or omission of an underlying carrier, telecommunications provider, or internet service provider, (including service curtailment or network congestion imposed by third parties); (c) the failure of 911 calls or other emergency communications to connect or function properly; (d) unauthorized access to or alteration of your transmissions or data (except to the extent caused by our gross negligence or willful misconduct); or (e) events of force majeure or other causes beyond our reasonable control (such as power outages, labor disputes, natural disasters, war, terrorist attacks, epidemics, or governmental actions).

Some jurisdictions do not allow the exclusion or limitation of certain damages (such as incidental or consequential damages), so the above limitation may not fully apply to you. In those jurisdictions, our liability will be limited to the maximum extent permitted by law. You acknowledge and agree that the limitations of liability and warranty disclaimers in these Terms are a fundamental basis of the bargain between you and TrunkIQ, and that TrunkIQ would not be able to provide the services on an economically feasible basis without such limitations.

14. Indemnification

You agree to defend, indemnify, and hold harmless TrunkIQ LLC and our past, present, and future affiliates, officers, directors, employees, agents, successors, and assigns (the “TrunkIQ Parties”) from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Site or services (including any activities conducted through your account, whether by you or your end-users); (2) your violation of these Terms, the AUP, or any applicable law or regulation; (3) your infringement or misappropriation of any intellectual property or other rights of any third party in connection with your use of the services; (4) any content or communications you transmit using the services (including claims that your communications violate the rights of or caused damage to a third party); or (5) any other act, omission, or misconduct by you or under your account that gives rise to a claim against the TrunkIQ Parties.

For example, if you send messages or make calls in violation of telemarketing laws and a government agency or private plaintiff imposes a fine or obtains a judgment against TrunkIQ as a result, you agree to indemnify and reimburse TrunkIQ for any such penalty or liability. Likewise, if any third-party brings a lawsuit or claim against us due to content you transmitted (e.g., an allegation that you transmitted unlawful or infringing content), you will cover all damages and costs (including legal fees) that TrunkIQ incurs as a result.

TrunkIQ reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter). In such case, you agree to cooperate with our defense of that claim and you shall not settle any such claim without our prior written consent. Your indemnification obligations under this section shall survive any termination of these Terms or your use of the Site/services.

15. Governing Law and Dispute Resolution

Governing Law: These Terms (and any disputes or claims arising out of or relating to them or your use of the Site or services) shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. Notwithstanding the foregoing, to the extent U.S. federal law (e.g. regarding telecommunications) may apply and preempt state law, federal law will control.

Jurisdiction and Venue: You agree that any legal action or proceeding arising under or relating to these Terms or your use of the Site or services shall be brought exclusively in the state or federal courts located in New Castle County, Delaware, USA. You and TrunkIQ both irrevocably consent to the personal jurisdiction and venue of such courts, and waive any objections based on inconvenient forum (forum non conveniens) or lack of personal jurisdiction. This choice of jurisdiction does not prevent TrunkIQ from seeking injunctive relief in any appropriate jurisdiction if necessary to stop unauthorized use or abuse of our intellectual property or services.

Waiver of Jury Trial: To the extent permitted by law, both you and TrunkIQ waive any right to a trial by jury in any litigation or legal proceeding under or in connection with these Terms or the services.

No Class Actions: To the extent permitted by law, you and TrunkIQ agree that any disputes will be resolved only on an individual basis and not in a class, consolidated, or representative action. This means that you waive any right to litigate any dispute as a plaintiff or class member in a class, collective, or representative proceeding against TrunkIQ.

Equitable Relief: You acknowledge that a breach or threatened breach of certain sections of these Terms (such as Intellectual Property Rights or Acceptable Use) may cause irreparable harm to TrunkIQ for which monetary damages would not be an adequate remedy. In such cases, we shall be entitled to seek equitable relief (including injunctions) in any court of competent jurisdiction to stop or prevent such breach, without having to post a bond or other security, in addition to any other remedies available at law.

16. Miscellaneous

Entire Agreement: These Terms of Service, together with any policies or supplemental terms expressly referenced and incorporated herein (including the AUP, Privacy Policy, and if applicable, the MSA and any Service Orders), constitute the entire agreement between you and TrunkIQ regarding your use of the Site and services, and supersede all prior and contemporaneous agreements, understandings, or communications (whether oral or written) relating to the same subject matter. In entering into these Terms, neither party is relying on any representation or warranty that is not expressly set out in these Terms. (For clarity, if you have signed a Master Services Agreement with TrunkIQ, that MSA (along with these Terms and the AUP) collectively govern the service relationship. In the event of conflict, the MSA controls as noted above.)

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions of these Terms will continue in full force and effect. The parties will negotiate in good faith a valid, enforceable substitute provision that most nearly reflects the original intent and economic effect of the invalid provision.

No Waiver: No failure or delay by TrunkIQ in exercising any right, power, or remedy under these Terms shall operate as a waiver of that or any other right, power, or remedy. Similarly, TrunkIQ’s waiver of a breach of any provision of these Terms shall not operate or be interpreted as a waiver of any subsequent breach. Any waiver must be in writing and signed by an authorized representative of TrunkIQ to be effective.

Assignment: You may not assign, delegate, or transfer any rights or obligations under these Terms (whether by operation of law or otherwise) without TrunkIQ’s prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void. TrunkIQ may freely assign or transfer these Terms (in whole or in part), including to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

Relationship of Parties: Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, or agency relationship between you and TrunkIQ. Neither party is an agent or fiduciary of the other, and neither has any authority to act on behalf of or bind the other in any manner. You are using the services as an independent contractor for your own business purposes.

No Third-Party Beneficiaries: These Terms are for the sole benefit of the parties hereto (you and TrunkIQ) and their respective successors and permitted assigns. Except as expressly provided in the MSA or herein (for example, the indemnified parties under the Indemnification section), no third party shall be deemed a beneficiary of any provision of these Terms. This means that no other person or entity (such as your end-users) has any rights under these Terms against TrunkIQ.

Survival: Any provision of these Terms which by its nature should survive termination or expiration of these Terms (or of your use of the Site/services) shall survive, including but not limited to the provisions regarding Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and this Miscellaneous section.

Interpretation: Section titles and headings in these Terms are for convenience only and do not affect the meaning or interpretation of any provision. As used in these Terms, “including” means “including without limitation,” and examples given are illustrative and not exhaustive.

If you have any questions about these Terms or need clarification, please contact us using the information in the next section.

17. Contact Us

If you have any questions, concerns, or complaints regarding these Terms or the TrunkIQ Site or services, or if you need to provide legal notice to us, you may contact us at:

TrunkIQ LLC
169 Madison Ave, Ste 15980
New York, NY 10016
USA

We will attempt to respond to inquiries or notices in a timely manner. Reports of abuse or violations of the AUP can be sent to [email protected] as detailed in the AUP.

Thank you for reading and agreeing to these Terms of Service. We appreciate your cooperation in using TrunkIQ’s Site and services responsibly and in compliance with all laws and policies. By upholding these Terms, you help us maintain a secure, reliable platform for all users.