Last updated: February, 2025
1. Acceptance of Terms
By utilizing Vocal IP SMS services, you acknowledge and agree to comply with these Terms of Service, including the Fair Usage Policy outlined below. If you do not consent to these terms, you are not permitted to use the service.
2. Fair Usage Policy
Unless specified otherwise on an invoice, each user’s plan allows for a maximum of 2,500 text messages per calendar month. The first month’s allowance will be prorated based on the number of remaining days in the month when the Customer initially subscribes. For example, if a Customer has five (5) users under their plan, the collective monthly limit will be 12,500 text messages.
This limit does not apply to customers using the Bring Your Own Service (BYOS) option, where the service provider bills the customer directly for SMS usage. It also excludes international messaging (texting numbers outside the country code of the assigned phone number), as these messages are subject to separate charges.
If a Customer consistently exceeds the monthly limit, Vocal IP reserves the right, at its sole discretion, to apply additional usage fees based on Vocal IP’s prevailing country overage rate for each message surpassing the limit.
For customers with U.S.-based phone numbers who send more than 2,500 messages per day, additional 10DLC registration fees will be required.
Vocal IP will make reasonable efforts to notify customers when they approach or exceed their plan’s messaging limits.
3. Service Availability and Performance
Vocal IP strives to ensure the continuous availability of its SMS services; however, service availability is not guaranteed. SMS delivery may be impacted by factors beyond Vocal IP’s control, including but not limited to carrier restrictions, network congestion, regulatory limitations, and technical issues with third-party providers. Vocal IP is not liable for undelivered, delayed, or misrouted messages due to these external factors. While Vocal IP will make reasonable efforts to notify Customers of major outages, Customers acknowledge that temporary service interruptions may occur and do not constitute a breach of these Terms of Service.
4. Prohibited Use
Vocal IP SMS services must not be used for spam, fraudulent activities, or any unlawful purpose. This includes, but is not limited to:
- Harassment
- Threats
- Distribution of illegal or harmful content
Users are strictly prohibited from engaging in activities that violate local, state, or federal laws.
5. Compliance with Messaging Regulations
Customers are responsible for ensuring that all SMS communications sent via Vocal IP comply with applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, 10DLC registration requirements for U.S. numbers, and any relevant privacy or data protection laws. Customers must obtain proper consent from recipients before sending SMS messages and are prohibited from sending unsolicited, misleading, or unlawful messages. Vocal IP reserves the right to suspend or terminate service for any Customer found to be in violation of these regulations, with or without notice.
6. Limitation of Liability
Vocal IP is not liable for any direct, indirect, incidental, or consequential damages resulting from the use or misuse of its services. Users assume full responsibility for their usage of Vocal IP SMS, and the company shall not be held accountable for any losses – financial, reputational, or otherwise – stemming from service use.
Vocal IP does not monitor or control the content of messages transmitted through its SMS service and bears no responsibility for any claims arising from message content. Customers assume full responsibility for the messages they send, including ensuring that content is accurate, lawful, non-infringing, and free of harmful material. Customers agree to indemnify and hold Vocal IP harmless from any claims, liabilities, or damages resulting from their use of the service, including but not limited to regulatory fines, customer complaints, or third-party claims related to message content.
7. Modifications to Terms
Vocal IP reserves the right to modify these Terms of Service and the Fair Usage Policy at any time. Continued use of the service following any updates signifies acceptance of the revised terms. Customers are encouraged to review these Terms regularly.
By utilizing Vocal IP SMS, you confirm that you have read, understood, and agreed to these Terms of Service.