Last updated June 26, 2026
Introduction
These Terms of Service (“Terms”) form a binding agreement between you (“you,” “Customer,” or “your”) and LinkedPhone LLC (“LinkedPhone,” “we,” “us,” or “our”) and govern your access to and use of our products, websites, software applications, mobile applications, application programming interfaces, and the cloud-based communications services we provide, including voice calling, SMS and MMS messaging, voicemail, auto attendant, call routing, AI-assisted features, collaboration features, and related functionality (collectively, the “Service”).
By creating an account or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy and Acceptable Use Policy, each of which is incorporated into these Terms by reference. If you do not agree, you do not have the right to use the Service.
If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity, and “you” and “Customer” refer to that entity. The Service is intended for business use by individuals who are at least 18 years old.
The Service
LinkedPhone provides a cloud-based business communications platform that includes, among others, contacts management, business phone numbers, voice calling, text messaging, voicemail, auto attendant, call routing, team collaboration features, task and ticket management, automation features, and AI-assisted features including, among others, automated receptionist, call handling, call summaries, transcription, suggested replies, and scheduling. The specific features available to you depend on the plan you select.
We may, from time to time, modify, enhance, replace, or discontinue features of the Service. We will use commercially reasonable efforts to give advance notice of material changes that adversely affect functionality you regularly use. Your continued use of the Service after such changes constitutes acceptance of the modified Service.
We make reasonable efforts to describe the Service accurately in our website, marketing materials, advertisements, and other published materials (collectively, "Service Materials"). However, we do not warrant that any descriptions, pricing, availability, or other information about the Service ("Service Information") is accurate, complete, current, or error-free. Service Information may occasionally contain pricing errors, inaccurate descriptions, or references to features that are temporarily or permanently unavailable. If we identify any such error, we reserve the right to correct it through any reasonable means.
Account Registration and Security
To use the Service, your business must be registered in the United States or Canada. You must create an account and provide accurate, current, and complete registration information, which may include your personal name, administrator name, mobile number, legal business name, billing address, the physical address where the Service will primarily be used, a valid email address, a contact phone number, payment information, and other data that may be necessary to administer your LinkedPhone account. You agree to keep this information accurate and up to date at all times.
If you provide information that is, or that LinkedPhone suspects to be, inaccurate, false, incomplete, fraudulent, or otherwise unlawful, LinkedPhone has the right, in its sole discretion, to suspend or terminate the Service and refuse any and all current or future use of all Service by you, your business(es), affiliates and all users of your Account.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you. You must notify us immediately at support@linkedphone.com of any unauthorized use of your account or any other suspected breach of security. We are not liable for any loss or damage arising from your failure to comply with the Terms.
Forwarding and Linked Numbers. If you configure the Service to forward calls or messages to, or otherwise interoperate with, any external telephone number (each, a "Linked Number"), your use of Linked Numbers is subject to the requirements set out in the section titled Phone Numbers, Porting, and International Calling, including requirements regarding your authority over each Linked Number, applicable carrier charges, verification, and removal.
Business Verification. We may request documentation at any time to verify your identity, business existence, ownership, authorized signatory status, or proof of opt-in consent for messaging campaigns. Compliance with verification requests is required to maintain access to the Service. If you fail to provide requested documentation within a reasonable timeframe, or if the documentation is unsatisfactory in our reasonable judgment, we may suspend or terminate your account.
Your use of the Service is subject to the restrictions in the LinkedPhone Acceptable Use Policy. You warrant and represent that you will at all times comply with the LinkedPhone Acceptable Use Policy.
Free Trial
We may make the Service available to new customers on a trial basis at no charge (“Free Trial”). The Free Trial begins on the date you create your account.
Notwithstanding anything else in these Terms:
The Service during the Free Trial is provided “AS-IS” without warranty of any kind.
Your access to certain features may be limited during the Free Trial.
The Free Trial is provided to you as a courtesy, and we accept no obligations or liability of any kind in connection with it. Where applicable law does not allow us to fully disclaim liability, our total liability for any claim arising from your use of the Service during the Free Trial will not exceed $100.00.
Either party may terminate the Free Trial at any time with notice to the other.
If you do not cancel before the end of the Free Trial, your account will automatically convert to a paid subscription and you will be charged the applicable monthly subscription fee on the day after the trial ends. This is a recurring subscription with an automatic-renewal feature: unless you cancel before the Free Trial ends, you affirmatively authorize LinkedPhone or the third-party service through which the Service was made available to you to charge your payment method the then-current subscription fee and to continue charging that fee on a recurring monthly basis until you cancel. You may cancel at any time.
Subscription, Fees, Billing, and Renewal
Subscription Fees. Paid plans are billed on a monthly, pre-paid basis at the rate displayed at signup. Subscription fees cover use of the Service for the applicable monthly billing period and are charged on the day you sign up (or, for trial converts, on the day after the Free Trial ends), and on the same day each subsequent month.
All subscription fees are non-refundable. We do not issue refunds or credits for partial months of service, unused Service, downgrades, deactivated accounts, or feature changes, except where required by applicable law. Cancellation simply stops future charges; it does not entitle you to a refund of the current month.
Automatic Renewal. Your subscription will automatically renew each month at the then-current rate until you cancel. By signing up, you authorize us to charge the payment method on file for each renewal. We will provide notice of any material change to your subscription fee at least thirty (30) days in advance.
Cancellation. You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will retain access to the Service through the end of that period.
Add-On Fees, Overages, and Taxes. Certain Service features and usage levels carry additional fees, including additional team member seats, toll-free numbers, additional local or toll-free numbers beyond plan inclusions, premium AI features, and usage exceeding plan limits or our Acceptable Use Policy. Such fees will be billed on the same monthly cycle. You are responsible for all taxes, surcharges, regulatory fees, and similar charges associated with your use of the Service.
Certain features of the Service are currently offered at no charge. We reserve the right to begin charging for any free feature in the future. If we do, we will give you advance notice before the fee takes effect, and you will need to pay the applicable fee to continue using that feature.
Failed Payments. If a charge fails, we may suspend your account after a reasonable cure period and assess a late fee equal to the lesser of 1.5% per month on the unpaid balance or the maximum amount permitted by law.
Billing Disputes. To dispute a charge, you must send us a written notice at support@linkedphone.com within thirty (30) days of the date the charge appears on your account. Your notice must explain, in reasonable detail, the basis for the dispute. If you do not provide a timely written dispute notice, you waive all objections to the charge and any right to further recourse.
Service Availability
We use commercially reasonable efforts to make the Service available on a 24/7 basis and to provide reasonable support to paid customers. You acknowledge that we do not guarantee any specific level of uptime, response time, or service availability. The Service may be unavailable from time to time due to scheduled maintenance, emergency maintenance, network or carrier outages, force majeure events, or other causes inside or outside our control.
VoIP Service and Emergency Calls (911)
IMPORTANT: THE SERVICE IS A SECOND-LINE SERVICE. IT IS NOT A REPLACEMENT FOR YOUR PRIMARY TELEPHONE SERVICE, AND YOU SHOULD NOT RELY ON IT TO REACH 911 OR OTHER EMERGENCY SERVICES.
The Service is a Voice over Internet Protocol (“VoIP”) service intended to supplement, and not to replace, a traditional wireless or wireline telephone line. Because the Service may assign you a telephone number that does not correspond to your physical location, and because it depends on your internet connection, your device, and electrical power, emergency calling through the Service works differently from, and is more limited than, traditional 911 service. You acknowledge and agree to the following:
Not a replacement for emergency services. Except as described below for the mobile application, the Service does not provide access to emergency services, emergency-services providers (including police, fire departments, and hospitals), or public safety answering points (“PSAPs”), and you should not rely on the Service to place emergency calls.
Mobile application; native-dialer handoff. If you attempt to dial 911 from the LinkedPhone mobile application on a device that has active cellular service, the application will attempt to place the call using your device’s native dialer and underlying cellular carrier, rather than over the Service. In that case, the emergency call is carried by your cellular carrier and not by LinkedPhone, and the routing of the call and any location information provided to the PSAP are determined by your cellular carrier and device, not by LinkedPhone. If your device does not have active cellular service, you may be unable to reach 911 from the mobile application.
No texting to 911; limited availability on other platforms. The Service does not support sending text messages (SMS or MMS) to 911 or any other emergency number, which is standard across the industry. Emergency calling is not available through the LinkedPhone desktop or web applications.
Conditions that may prevent emergency calling. Emergency calling through the Service may be unavailable or impaired during, among other things, internet or broadband outages, power outages, loss of cellular service on your device, network or device failures, suspension or termination of your account or the Service, and use of your device at a location different from the one associated with your account.
YOU MUST MAINTAIN ALTERNATIVE EMERGENCY-CALLING SERVICE. YOU REPRESENT AND WARRANT THAT YOU HAVE MADE, AND WILL MAINTAIN AT ALL TIMES, WIRELESS OR TRADITIONAL WIRELINE TELEPHONE SERVICE THAT WILL ENABLE YOU AND YOUR AUTHORIZED USERS TO CALL 911 AND ANY OTHER APPLICABLE EMERGENCY SERVICE NUMBER.
NO USE IN FAIL-SAFE ENVIRONMENTS. YOU REPRESENT AND WARRANT THAT YOU WILL NOT USE THE SERVICE IN ANY ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE, OR IN ANY CIRCUMSTANCE IN WHICH THE FAILURE OF THE SERVICE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
You must notify all users. You are responsible for notifying all of your Authorized Users, employees, and any other person who may use the Service or be present where the Service is used, of the limitations of emergency calling described in this section and of the need to maintain an alternative means of contacting emergency services.
LinkedPhone disclaims all responsibility for the conduct of cellular carriers, PSAPs, and any other third party involved in the handling of emergency calls, over whom LinkedPhone has no control. To the maximum extent permitted by applicable law, you waive any claim against LinkedPhone, its affiliates, officers, directors, employees, agents, suppliers, and licensors arising from or related to the unavailability, failure, or outage of emergency calling through the Service, and you agree to indemnify and hold them harmless from any third-party claim arising from such unavailability, failure, or outage.
Call Recording
The Service offers an optional call recording feature that account administrators may enable. Federal, state, provincial, local, and international laws governing the recording of telephone calls vary significantly. Some jurisdictions require the consent of only one party to the call; others require the consent of all parties; still others have specific notice or beep-tone requirements.
You are solely responsible for ensuring that your use of call recording complies with all applicable laws and regulations, including obtaining any required consents and providing any required notices. We strongly recommend that, before enabling call recording, you consult with legal counsel and, at minimum, provide a clear notice at the start of recorded calls that the call is being recorded.
LinkedPhone provides the recording feature; LinkedPhone is not responsible for your compliance with applicable recording laws, and you agree to indemnify us from any claim arising from your use of the call recording feature. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify LinkedPhone from and against any damages or liabilities of any kind related to your recording of any telephone conversations using the Service.
Call Transcriptions
Call Transcription Compliance. Transcription of telephone calls, video calls, and real-time audio is governed by a patchwork of federal, state, provincial, local and international laws that vary significantly by jurisdiction. These laws may require the prior, express, or implied consent of one or more parties to a conversation before any transcription may lawfully occur. In certain jurisdictions, transcription is prohibited entirely regardless of consent.
Customer bears sole and exclusive responsibility for understanding and complying with all transcription-related legal requirements in every jurisdiction from which LinkedPhone's transcription features are accessed or in which any party to a transcribed communication is located. This responsibility includes, without limitation, obtaining any consents required by law before initiating or enabling transcription, whether Customer conducts that transcription directly or enables LinkedPhone to do so on Customer's behalf.
LinkedPhone provides transcription as a technical capability only. LinkedPhone makes no representation that use of this feature satisfies any applicable legal requirement in any jurisdiction. LinkedPhone disclaims all liability arising from Customer's use of the transcription feature, including any failure to obtain required consents, any unlawful interception claim, and any damages flowing therefrom.
By enabling or using the transcription feature, Customer agrees to defend, indemnify, and hold harmless LinkedPhone and its officers, directors, employees, and agents from and against any and all claims, regulatory actions, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Customer's use of call transcription through the Service, including any claim brought by a third party who was party to a transcribed communication. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify LinkedPhone from and against any damages or liabilities of any kind related to your transcription of any telephone conversations using the Service.
Voice-to-Text and Text-to-Voice Limitations
Voice Conversion Features; No Accuracy Guarantee. Certain LinkedPhone features include automated voice-to-text ("VTT") conversion of voicemails and voice notes, and text-to-voice ("TTV") rendering of written messages as synthesized speech. These features are powered by automated processing systems that, by their nature, may produce inaccurate, incomplete, or misleading outputs.
LinkedPhone does not warrant the accuracy, completeness, or reliability of any VTT transcription or TTV rendering. Automated conversion of speech to text may fail to capture words, misrender proper nouns, omit inflection, or otherwise produce output that materially differs from the source communication. TTV rendering may similarly fail to convey the intended meaning or tone of a written message.
Customer is solely responsible for independently verifying all VTT and TTV outputs against source materials before relying on or acting upon any converted content. Customer should not use VTT or TTV outputs in legal, medical, financial, or other high-stakes contexts without independent verification.
LinkedPhone disclaims all liability for any damages, losses, or adverse consequences arising from inaccuracies in VTT or TTV outputs, including but not limited to miscommunication, reliance on incorrect transcriptions, or errors in synthesized speech. By using these features, Customer agrees to defend, indemnify, and hold harmless LinkedPhone and its officers, directors, employees, and agents from and against any and all claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to Customer's use of VTT or TTV features through the Service.
Phone Numbers, Porting, and International Calling
Phone Numbers Are Leased, Not Owned. Phone numbers assigned to your account (whether local or toll-free) are licensed to you for use during your subscription and remain subject to applicable regulations and the policies of underlying carriers. You do not own assigned phone numbers, and we cannot guarantee continued availability of any specific number.
Number Retention After Cancellation. Upon termination or cancellation of your account, we will retain your assigned phone numbers for a limited period of up to forty-five (45) days before they may be released. Porting a number to another provider requires an active account; you cannot port a number out after your account has been cancelled or terminated. If you wish to keep a number, you must initiate and complete the port-out process with your new provider before cancelling your account. After this period, numbers may be released and reassigned. For accounts terminated for breach of these Terms, fraud, or other cause, we may release numbers immediately or after a shortened retention period. In all cases, a number will not be reassigned to a new subscriber earlier than the minimum number-aging period required by applicable FCC rules (currently forty-five (45) days following permanent disconnection).
Number Porting. You may port your existing phone numbers into the Service or port LinkedPhone numbers out to another provider. Porting is governed by FCC rules and the policies of the gaining and losing service providers. We cannot guarantee porting timelines, success, or fee structures, which depend on the other service provider. You acknowledge and understand that number porting depends on the cooperation of third parties outside of LinkedPhone’s control. Accordingly, you agree that LinkedPhone will not be liable for the failure or delay of any third party to cooperate in the porting of any telephone number, or for the allegedly unauthorized porting of any telephone number by a third party. You authorize us to act as your agent for purposes of executing any port request you initiate.
We do not guarantee that any requested number will be available, that your current provider will release or port a number, or that events outside our control will not delay or prevent a port. Because a number is not assured until it is active on your account, you should not print business cards, stationery, or other materials showing a number, or publicize a number, before it goes live, and we are not responsible for, and will not reimburse, any cost you incur by doing so. We may also need to reassign the number assigned to you from time to time (for example, due to an area code split or other carrier-driven change), and we will not be liable for any damages, including consequential or special damages, resulting from such a reassignment.
International Calling. The Service supports inbound calls from international numbers to your LinkedPhone number. The Service does not support outbound international calling. Inbound international calls may be subject to additional fees, taxes, or restrictions imposed by underlying carriers or applicable regulations, which will be passed through to you.
Linked Numbers. The Service permits you to associate one or more external telephone numbers with your account for purposes such as call forwarding, simultaneous ringing, SMS forwarding, voicemail delivery, and caller ID display, among others. The following requirements apply to all Linked Numbers:
Geographic restriction. Each Linked Number must be a valid U.S. or Canadian telephone number (mobile or landline). The Service does not support linking numbers from any other country.
Your authority to link. You represent and warrant that, for each Linked Number you associate with your account, you are either (i) the subscriber of record for that number, or (ii) authorized by the subscriber of record to associate the number with the Service and to receive forwarded calls, texts, voicemails, and other communications at that number. You must have any consents required by the subscriber of record with rights to that number.
Carrier charges are your responsibility. Calls and messages forwarded to a Linked Number may be subject to per-minute, per-message, roaming, or other charges imposed by your wireless or landline carrier. LinkedPhone does not reimburse for these charges.
Compatibility. Some carrier networks, prepaid plans, or specialty numbers (including but not limited to premium-rate numbers, satellite numbers, certain VoIP numbers, and numbers blocked by the recipient carrier) may not support forwarding from the Service. We do not warrant compatibility with any specific carrier or number type.
Verification. We may require you to verify ownership or authority over a Linked Number before activating it (for example, by sending a verification code via SMS or voice call). You authorize us to send such verification messages.
Removal. You may remove a Linked Number at any time from your account. You agree to remove any Linked Number for which your authority to use lapses, including upon termination of employment, end of a business relationship, or change of carrier.
You agree to indemnify LinkedPhone from any claim by a third party arising from your association of a Linked Number with your account without proper authority.
Text Messaging (SMS and MMS)
All text messaging sent through the Service is treated as Application-to-Person (“A2P”) messaging. You are responsible for your messaging practices and for any person to whom you grant the ability to send messages through your account.
Consent and Opt-In. Before sending the first message to any recipient, you must obtain that recipient’s clear, demonstrable consent to receive messages from you. You must make clear what type of messages the recipient is agreeing to receive. You must retain records of consent (for example, signed forms, completed opt-in flows with timestamps, or documented verbal consent). Consent is limited to the specific use or campaign to which the recipient consented; you may not send messages for other purposes without separate consent.
Sender Identification. Every initial message you send must clearly identify you (or the party that obtained consent) as the sender. Follow-up messages within an ongoing conversation are not required to include this identification.
Opt-Out. Your initial message to each recipient must include opt-out instructions using a standard keyword such as “Reply STOP to unsubscribe.” You must honor opt-out requests submitted using STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT. Once a recipient opts out, you may send one final confirmation message; any further messages to that recipient are prohibited.
10DLC Registration. If you use the Service to send Application-to-Person SMS or MMS messages to U.S. recipients, your messaging brand and campaigns must be registered with The Campaign Registry (10DLC). LinkedPhone acts as a Campaign Service Provider and submits your brand and campaign registrations to The Campaign Registry on your behalf. You agree to provide complete and accurate registration information, to keep it current, and to pay any associated registration or per-message fees passed through from The Campaign Registry or underlying carriers. 10DLC registration may be required even when you are not running text-message marketing campaigns but use SMS and MMS messaging in ordinary correspondence with your customers.
TCPA and Other Laws. You agree to comply with the Telephone Consumer Protection Act (“TCPA”), the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, all state-level analogues, and all applicable international laws governing electronic communications. You bear sole responsibility for legal compliance of your messaging campaigns.
Prohibited Content. You may not use the Service to send messages that contain or relate to: prohibited “SHAFT” categories (Sex, Hate, Alcohol, Firearms, Tobacco) where restricted by carrier policy; phishing, malware, or fraudulent links; high-risk financial offers (payday loans, debt forgiveness scams, get-rich-quick schemes); illegal substances; or other content prohibited by underlying carriers or applicable law. Carrier policies may change from time to time, and we will pass through such restrictions as they evolve.
LinkedPhone Messaging to You. By providing us your wireless number, you consent to receive service-related, account-related, and transactional messages from LinkedPhone, which may be sent using automated dialing technology. Standard message and data rates may apply. You may opt out of non-essential marketing communications at any time; however, transactional and service messages are required for the operation of your account.
AI-Assisted Features
The Service includes AI-assisted features including, among others, auto-attendant, reception services, call transcription, call summarization, call handling, scheduling, suggested replies, automated text responses, and call analytics (“AI Features”). The following terms apply to AI Features:
AI Output May Be Inaccurate. AI Features are provided “AS-IS” and may produce incomplete, inaccurate, or unexpected representations or results. You should review and validate AI-generated content before relying on it, particularly for any business-critical, legal, medical, financial, or safety-related decisions. You are solely responsible for: (a) Ensuring that inputs to the AI Features are accurate, lawful, and appropriate; (b) Validating, testing, interpreting, and reviewing prompts and outputs before taking any action in reliance on them; (c) Configuring any automated or downstream decision-making triggered by outputs of the AI Features; (d) Complying with all applicable regulatory obligations arising from your use of AI Features, including, without limitation, TCPA & Do Not Call, state wiretap laws, and rules requiring disclosures pertaining to the use and function of AI Features. We disclaim all warranties regarding the accuracy, completeness, or fitness for purpose of any AI output.
Use of Your Data. We do not use the content of your calls, recordings, voicemails, transcripts, or messages to train or fine-tune any general-purpose AI models, except as described in our Privacy Policy. We use this data only to provide the AI Features within your own account and to operate, maintain, and improve the Service consistent with our Privacy Policy.
Third-Party AI Providers. AI Features may be powered in part by third-party AI service providers. By using AI Features, you acknowledge that limited, ephemeral processing of your call and message content by such third parties is necessary to deliver these features. We contractually require these providers to maintain appropriate confidentiality and data handling protections.
Ownership of AI Output. As between you and LinkedPhone, you retain ownership of AI-generated content derived from your data (such as transcripts and summaries of your calls). LinkedPhone retains ownership of the underlying AI Features, models, prompts, and software.
Opt-Out. Account administrators may disable some or all AI Features in account settings. Some AI Features may be enabled by default; you are responsible for configuring AI Features in a manner consistent with your business needs and applicable law (including, where applicable, providing notice to call participants that AI processing is occurring).
Customer Data and Privacy
“Customer Data” means any data, content, or information that you, your team members, or your customers submit to, generate within, or transmit through the Service, including call recordings, voicemails, transcripts, messages, contact records, tasks, and account settings.
Your Ownership. As between you and LinkedPhone, you retain all right, title, and interest in and to Customer Data, including all intellectual property rights. You are solely responsible for the accuracy, legality, and appropriateness of Customer Data and for your right to use and submit it to the Service.
Our Use. You grant LinkedPhone a limited, non-exclusive, worldwide, royalty-free license to access, use, process, store, transmit, display, and back up Customer Data solely as needed to provide, maintain, and improve the Service for you, to provide support, and to comply with legal obligations. We may also use Customer Data in aggregated, anonymized form that does not identify you or any individual, for purposes such as analytics, capacity planning, and product improvement. LinkedPhone uses commercially reasonable efforts to maintain security and is not responsible for unauthorized access unless due to LinkedPhone’s gross negligence or willful misconduct. LinkedPhone has no obligation to store communications logs, voicemails, faxes, emails, or other messages, and disclaims all liability for deletion or failure to store. LinkedPhone may establish limits on the size of communications stored and the duration of storage.
Data Retention After Termination. Following cancellation or termination of your account, Customer Data will be retained for a minimum of ninety (90) days, after which it may be permanently and irretrievably deleted. During this period, you may request a data export in a reasonable format. After the retention period, we are not obligated to retain or provide access to Customer Data, except where required by law. For accounts terminated for material breach, fraud, or other cause, retention may be shortened to seven (7) days.
Privacy Policy. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.
Intellectual Property
Our Ownership. LinkedPhone and its licensors retain all right, title, and interest in and to the Service, including all software, technology, content, documentation, designs, trademarks, logos, and the LinkedPhone name, and all intellectual property and proprietary rights therein. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during your subscription, solely for your internal business purposes.
No Implied Rights. No rights are granted to you except as expressly set forth in these Terms. All other rights are reserved by LinkedPhone.
Feedback. If you provide suggestions, comments, ideas, or other feedback about the Service (“Feedback”), you grant LinkedPhone a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, modify, and implement such Feedback for any purpose, without any obligation or compensation to you.
Marketing Use of Your Name and Logo. You agree that LinkedPhone may identify you as a customer and display your company name and logo on our website, in case studies, and in promotional materials. You may revoke this permission at any time by emailing support@linkedphone.com; revocation takes effect on a forward-looking basis.
Third-Party Services
The Service may interoperate with, depend on, or be made available through third-party services, including telecommunications carriers, messaging carriers, payment processors, cloud infrastructure providers, AI service providers, internet browsers, and the Apple App Store and Google Play Store (“Third-Party Services”). LinkedPhone does not control, and is not responsible for, the availability, content, security, or practices of Third-Party Services.
The Service may allow you to connect to various third-party services via application programming interfaces (“API”s) or other integrations and may contain links to other websites and services. LinkedPhone is providing these connections to you only as a convenience, and the inclusion of any connection or link does not imply endorsement by LinkedPhone of the API, site, policies, or any association with its operators. Your access and use of such APIs is governed solely by the terms and conditions of such APIs. LinkedPhone is not responsible or liable for the contents or behavior of any API, including without limitation, any link contained in an API (or the policies or procedures of that API), or any changes or updates to a API (or the policies or procedures of that API). By using any product, service or functionality of the API, you acknowledge and consent that LinkedPhone may share Customer Data with such API utilized by you at your option. By connecting such API, you agree that you are consenting to the necessary continuous integration and information sharing about you and your end users to such API. You also agree to hold LinkedPhone harmless from any liability caused by such API, including, but not limited to, data breaches, and other acts or behaviors stemming from such API.
Your use of Third-Party Services and APIs is governed by their respective terms and privacy policies. We disclaim all liability arising from your use of, or inability to access, any Third-Party Service or API. Where the Service is dependent on a Third-Party Service or API, interruption of that Third-Party Service or API may impair or prevent operation of the Service, and we shall not be liable for any resulting interruption.
Mobile Applications
These Terms apply to your use of LinkedPhone’s mobile applications, including those distributed through the Apple App Store and Google Play Store (the “Apps”). Your use of the Apps requires a compatible device and an internet connection, and may consume cellular data and be subject to data, messaging, voice, and other charges from your wireless carrier, for which you are solely responsible.
Apple App Store. The following additional terms apply to the App distributed through the Apple App Store:
These Terms are between you and LinkedPhone only, not Apple. Apple is not responsible for the App or its content.
The App is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely for use on Apple-branded products that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms.
Apple has no obligation to provide maintenance or support services for the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App’s purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligations.
LinkedPhone, not Apple, is responsible for addressing any claims relating to the App, including product liability, legal compliance, and consumer protection claims.
LinkedPhone, not Apple, is responsible for any third-party intellectual property claim relating to the App.
You represent that you are not located in a U.S.-embargoed country and are not on any U.S. government list of prohibited or restricted parties.
You must comply with all applicable third-party agreements when using the App (for example, your wireless data service agreement).
Apple and its subsidiaries are third-party beneficiaries of these Terms, with the right to enforce these Terms against you.
Both you and LinkedPhone acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use.
If you have questions, complaints, or claims relating to the App, you may contact LinkedPhone at support@linkedphone.com.
Google Play Store. Your use of the App distributed through Google Play is also subject to the Google Play Terms of Service.
Term, Suspension, and Termination
Term. These Terms become effective when you first accept them and continue until terminated as set forth herein. Your subscription term and renewal are governed by the section titled Subscription, Fees, Billing, and Renewal.
Termination by You. You may cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of your current monthly billing period.
Termination or Suspension by Us. We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, if: (i) you breach these Terms or our Acceptable Use Policy; (ii) you fail to pay any fee when due; (iii) we reasonably believe your use creates risk of legal liability, regulatory issue, or harm to others or to the Service; (iv) we are required to do so by law or by an underlying carrier; or (v) we discontinue the Service or a feature you use. We have sole discretion to determine whether your use violates these Terms.
Effect of Termination. Upon termination, your right to access and use the Service ceases immediately. Provisions that by their nature should survive termination will survive, including payment obligations accrued before termination, ownership and intellectual property provisions, disclaimers, limitations of liability, indemnities, dispute resolution, and these general provisions. Data handling after termination is governed by the section titled Customer Data and Privacy.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. LinkedPhone, its affiliates, and its licensors and suppliers expressly disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranties arising from course of dealing or usage of trade.
Without limiting the foregoing, we do not warrant that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) any data you transmit through the Service will arrive timely or accurately; (iv) call quality, message delivery, or AI output will meet any particular standard; or (v) any defects will be corrected.
Limitation of Liability
EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS AND FOR CUSTOMER’S BREACH OF THE ACCEPTABLE USE POLICY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event will LinkedPhone, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable, under contract, tort, strict liability, negligence, or any other legal or equitable theory, for:
any lost profits, lost revenue, lost data, loss of goodwill, business interruption, or any indirect, incidental, special, consequential, exemplary, or punitive damages;
the cost of substitute products or services;
any damages exceeding, in the aggregate, the fees paid by you to LinkedPhone in the twelve (12) months preceding the event giving rise to the claim, or one hundred dollars ($100), whichever is greater; or
any matter arising from the failure or outage of emergency calling (see the section titled VoIP Service and Emergency Calls (911)).
The limitations and exclusions in this section apply regardless of whether LinkedPhone has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.
Indemnification
By You. You agree to defend, indemnify, and hold harmless LinkedPhone, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to: (i) your use of the Service; (ii) your Customer Data or messaging campaigns; (iii) your breach of these Terms or our Acceptable Use Policy; (iv) your violation of any law or any third-party right (including privacy, publicity, or intellectual property rights); (v) your use of the call recording feature; (vi) your use of AI-assisted features including, among others, transcription, suggestions, summaries, scheduling, and call handling; (vii) your messaging activity, including any TCPA or 10DLC claim; and (viii) any failure or outage of emergency calling under the section titled VoIP Service and Emergency Calls (911).
By LinkedPhone. We will defend, indemnify, and hold you harmless from third-party claims alleging that the Service, as provided by us and used by you in accordance with these Terms, infringes any U.S. patent, copyright, or trademark of a third party. Our obligation does not apply to claims arising from: (i) your Customer Data; (ii) your modifications to the Service; (iii) your combination of the Service with other products, services, or materials not provided by us where the claim would not have arisen but for such combination; (iv) your continued use of allegedly infringing functionality after we have provided a non-infringing alternative; or (v) use of the Service outside the scope of these Terms.
Procedure. The indemnified party must: (i) promptly notify the indemnifying party of the claim in writing (provided that failure to notify will only excuse the indemnifying party to the extent it is materially prejudiced); (ii) give the indemnifying party sole control of the defense and settlement (provided that no settlement imposing liability or admission of fault on the indemnified party may be entered without its consent, not to be unreasonably withheld); and (iii) provide reasonable cooperation, at the indemnifying party’s expense.
This section sets forth your sole and exclusive remedy, and our entire liability, for any third-party intellectual property infringement claim.
Force Majeure
Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including: acts of God; fire, flood, earthquake, severe weather, or other natural disaster; pandemic or epidemic; war, terrorism, civil unrest, or riot; strike, lockout, or labor disruption; power failure; internet, telecommunications, or carrier outage; supply chain disruptions, actions or inactions of third-party providers or suppliers; denial-of-service or similar attack; vandalism or sabotage; acts of any governmental or regulatory authority; or shortages of labor, materials, or equipment.
Governing Law and Dispute Resolution
Governing Law. These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Arbitration. Except for claims for injunctive or equitable relief, claims regarding intellectual property rights (which may be brought in any court of competent jurisdiction), and small-claims matters, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures then in effect. The arbitration will be conducted in Houston, Texas, in English, before a single arbitrator appointed in accordance with the JAMS Rules. Judgment on the award may be entered in any court of competent jurisdiction. Before initiating arbitration, the parties will first attempt in good faith to resolve any dispute through informal negotiation, beginning within thirty (30) days after one party sends the other written notice describing the dispute.
Class Action Waiver. You and LinkedPhone each agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one party’s claims, and may not preside over any form of representative or class proceeding.
Prevailing Party. In any action or proceeding to enforce these Terms (including arbitration), the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.
California Subscribers. Under California Civil Code Section 1789.3, California residents are entitled to the following consumer-rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
General
Subcontractors. We may use subcontractors, agents, and other service providers (including underlying carriers, connectivity providers, and cloud and AI vendors) to perform, or to assist us in performing, the Service or any part of it. We remain responsible for the performance of the Service in accordance with these Terms.
Entire Agreement. These Terms (together with the Privacy Policy, Acceptable Use Policy, and any plan-specific terms presented at signup) constitute the entire agreement between you and LinkedPhone regarding the Service and supersede all prior or contemporaneous agreements, proposals, or communications.
Modifications. We may modify these Terms from time to time. If we make material changes, we will provide notice through the Service, via website, by email, or by other means at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modifications, your sole remedy is to cancel your subscription before the effective date.
Assignment. You may not assign or transfer these Terms or your account without our prior written consent, except to a successor in interest of substantially all your business or assets. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of substantially all our assets, without notice or consent.
Notices. Notices to you may be sent to the email address associated with your account or through in-Service notifications. Notices to LinkedPhone must be sent to support@linkedphone.com with a copy by mail to LinkedPhone LLC at the address published on our website.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
No Waiver. Failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
No Agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and LinkedPhone.
Third-Party Beneficiaries. Except as expressly set forth in the section titled Mobile Applications (Apple as third-party beneficiary), there are no third-party beneficiaries to these Terms.
Headings. Section headings are for convenience only and have no legal effect.
