Terms of Service:1. BINDING ACCEPTANCE OF TERMS AND CONDITIONS
By accessing, registering for, initiating, or utilizing any feature, function, or aspect of the vPHONEX Virtual Phone Services (collectively, the "Services"), you, the end user (hereinafter "You," "Your," or "User"), hereby explicitly affirm, acknowledge, and irrevocably covenant to be legally bound by the full and complete terms, conditions, obligations, and provisions contained within this Terms of Service agreement ("Terms"). Your affirmative act of registration, login, or use constitutes your unequivocal, full, and unconditional acceptance of these Terms, all incorporated policies, guidelines, and any subsequent modifications enacted by vPHONEX. If You do not agree to each and every clause, provision, and stipulation herein, You are expressly and absolutely prohibited from accessing, installing, downloading, or utilizing the Services in any manner, form, or capacity. Continued use following any modification constitutes acceptance of the revised Terms.
2. COMPREHENSIVE DESCRIPTION OF VIRTUAL PHONE SERVICES
vPHONEX provides a digital telecommunications platform offering virtual phone number provisioning, call management, SMS/MMS messaging capabilities, voicemail services, and related telecommunication functionalities (the "Services"). These Services are technology-dependent and may involve the use of software applications, web interfaces, and telecommunication networks. vPHONEX explicitly states that all Services are provided on an "AS AVAILABLE" and "AS IS" basis. The Company reserves the unilateral, absolute, and unrestricted right to modify, update, alter, limit, suspend, or permanently discontinue any Service, feature, or functionality at any time, for any reason, without prior notice, obligation, or liability to any User. Descriptions of Services, including geographic availability, number types, and feature sets, are for informational purposes only and do not constitute a warranty, guarantee, or binding service level agreement.
3. ABSOLUTE DISCLAIMER OF WARRANTIES AND LIABILITY FOR SERVICE FUNCTIONALITY
3.1. NO GUARANTEES OF OPERABILITY OR DELIVERY: vPHONEX EXPLICITLY, COMPLETELY, AND UNCONDITIONALLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES—WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE—REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, OR FUNCTIONALITY OF THE SERVICES. THIS INCLUDES ANY GUARANTEE THAT A PROVIDED VIRTUAL PHONE NUMBER WILL SUCCESSFULLY SEND OR RECEIVE VOICE CALLS, SMS/MMS MESSAGES, OR OTHER COMMUNICATIONS. SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CARRIER RESTRICTIONS, THIRD-PARTY DEPENDENCIES, AND TECHNICAL LIMITATIONS BEYOND vPHONEX'S CONTROL.
3.2. USER ACKNOWLEDGMENT OF INHERENT AND UNPREDICTABLE RISKS: You hereby acknowledge, accept, and assume ALL risks associated with the use of the Services. vPHONEX, its affiliates, directors, officers, employees, agents, and partners shall bear ZERO liability for any loss, damage, harm, or inconvenience—whether direct, indirect, incidental, or consequential—arising from: failed connections; undelivered, delayed, or misdirected messages; network congestion; carrier filtering or blocking; number revocation or recycling by upstream providers; service degradation; security breaches; data loss; or any other interruption, malfunction, or failure of the Services.
3.3. SOLE REMEDY AND LIMITATION OF RECOURSE: Your sole and exclusive remedy for dissatisfaction with any aspect of the Services is to discontinue use immediately. vPHONEX'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO vPHONEX FOR SERVICES IN THE PRECEDING THREE (3) MONTH PERIOD. UNDER NO CIRCUMSTANCES WILL vPHONEX BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.
4. EXPLICITLY PROHIBITED ACTIVITIES AND STRICT USAGE RESTRICTIONS
You covenant, represent, and warrant that You will NOT use the vPHONEX Services for any unlawful, fraudulent, abusive, or unauthorized purpose. The following prohibitions are material conditions of use:
4.1. CATEGORICAL PROHIBITION ON FINANCIAL AND VERIFICATION SERVICES:
You are STRICTLY and ABSOLUTELY PROHIBITED from using the Services, including any provided virtual phone numbers, for the purpose of verification, authentication, registration, account creation, password recovery, or transaction authorization with ANY financial service, institution, or regulated platform. This comprehensive prohibition encompasses, without limitation:
Banks, credit unions, savings and loans, and any depository institution.
Cryptocurrency exchanges, trading platforms, wallets, or DeFi applications.
Payment processors, digital wallets, or money transfer services.
Credit reporting agencies, lending platforms, loan originators, or brokerage firms.
Insurance companies, fintech applications, or any entity involved in the management, transfer, or custody of monetary assets, securities, or financial instruments.
Any such use represents a fundamental and material breach of these Terms, triggering immediate and irreversible account termination.
4.2. STRICT BAN ON IDENTITY CONCEALMENT AND GEO-FRAUD: The use of Virtual Private Networks (VPNs), proxy servers, the Tor network, residential proxies, or any other method, technology, or service designed to mask, obscure, falsify, or manipulate your true IP address, geolocation, or network identity is STRICTLY FORBIDDEN during account registration, login, or at ANY POINT during Service usage. vPHONEX employs active, sophisticated detection systems. Any violation will result in immediate, permanent account termination without warning and forfeiture of all funds.
4.3. GENERAL PROHIBITION ON UNLAWFUL AND ABUSIVE CONDUCT: You agree NOT to use the Services to engage in, facilitate, or promote any activity that violates applicable local, state, national, or international laws, regulations, or ordinances. This includes, but is not limited to: fraud; phishing; spamming; harassment; stalking; threats; intimidation; dissemination of malware; incitement of violence; infringement of intellectual property rights; impersonation; or any activity that compromises the security, integrity, or availability of any network, system, or service.
5. UNILATERAL SERVICE SUSPENSION, TERMINATION, AND FORFEITURE POLICY
5.1. vPHONEX'S ABSOLUTE RIGHT TO TERMINATE: vPHONEX reserves the sole, absolute, and unrestricted right to suspend, restrict, throttle, or terminate Your access to the Services, in whole or in part, at any time, for any reason or no reason, with or without cause, and without prior notice or judicial recourse. Grounds for termination include, but are not limited to: suspected violation of these Terms; unusual usage patterns; requests from law enforcement; protecting the integrity of our systems; or non-payment.
5.2. IMMEDIATE EFFECT AND IRREVOCABLE FORFEITURE OF FUNDS: Such suspension or termination shall be effective IMMEDIATELY upon action by vPHONEX. You HEREBY EXPLICITLY AGREE AND ACKNOWLEDGE that upon any suspension or termination of Your account or access to the Services—FOR ANY REASON—You shall PERMANENTLY FORFEIT any and all account credits, prepaid balances, subscription fees, top-ups, or other monetary value associated with Your account. No prorated refunds, credits, or reimbursements will be issued.
5.3. OPERATIONAL AND SECURITY SUSPENSIONS: vPHONEX may suspend Services temporarily for maintenance, security patches, system upgrades, or to address operational concerns without liability and without such action constituting a breach of these Terms.
6. NO REFUND POLICY – FINAL, BINDING, AND NON-NEGOTIABLE
ALL PAYMENTS MADE TO vPHONEX ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE. You expressly and irrevocably waive any right to claim a refund, rebate, credit, or return of funds under ANY circumstances, including, but not limited to: service dissatisfaction; partial use; inability to use the Services for Your intended purpose; account suspension or termination; changes to Services; pricing changes; or Your violation of these Terms. By purchasing Services, You acknowledge this policy is a fundamental basis of the agreement.
7. COMPLETE DISCLAIMER OF ALL WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE vPHONEX SERVICES AND ALL RELATED MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." vPHONEX EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM vPHONEX OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
8. LIMITATION OF LIABILITY – YOUR EXPRESS ACKNOWLEDGMENT
IN NO EVENT SHALL vPHONEX, ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF vPHONEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE, OR INABILITY TO USE, THE SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SERVICES. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH DAMAGES ARE CLAIMED.
9. INDEMNIFICATION OBLIGATION
You agree to defend, indemnify, and hold harmless vPHONEX, its parent companies, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debts, fines, penalties, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms; (iii) Your violation of any third-party right, including any intellectual property, privacy, or publicity right; (iv) any claim that Your use of the Services caused damage to a third party; or (v) Your violation of any applicable law, rule, or regulation. This indemnification obligation will survive the termination of these Terms and Your use of the Services.
10. MODIFICATION OF TERMS
vPHONEX reserves the unilateral right, at its sole discretion, to modify, amend, restate, or update these Terms at any time and for any reason. Such modifications will be effective immediately upon posting the revised Terms on the vPHONEX website or within the Service application. It is Your sole responsibility to periodically review these Terms. Your continued use of the Services following the posting of revised Terms means that You accept and agree to the changes. If You do not agree to the new terms, You must stop using the Services.
11. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION
These Terms, their interpretation, and any disputes arising from or related to the Services or these Terms, shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware, for the resolution of any such dispute or claim. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises.
USER'S FINAL ACKNOWLEDGMENT AND BINDING AGREEMENT
BY PROCEEDING TO USE THE vPHONEX SERVICES, YOU SOLEMNLY DECLARE, WARRANT, AND COVENANT THAT YOU HAVE READ THIS ENTIRE TERMS OF SERVICE AGREEMENT IN ITS ENTIRETY, HAVE HAD A REASONABLE OPPORTUNITY TO SEEK INDEPENDENT LEGAL COUNSEL CONCERNING ITS TERMS, AND FULLY UNDERSTAND, ACCEPT, AND AGREE TO BE LEGALLY BOUND BY ALL ITS PROVISIONS WITHOUT EXCEPTION. YOU SPECIFICALLY ACKNOWLEDGE THE CRITICAL DISCLAIMERS OF WARRANTY, LIMITATIONS OF LIABILITY, STRICT PROHIBITED USES, THE NO-REFUND POLICY, AND vPHONEX'S UNILATERAL RIGHT TO TERMINATE SERVICE AND FORFEIT FUNDS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND vPHONEX, SUPERSEDING ANY PRIOR PROPOSAL, REPRESENTATION, OR AGREEMENT, ORAL OR WRITTEN.
