These Terms of Service ("Terms") govern your access to and use of the Vanilla Phone services ("Services"), provided by Vanilla Phone LLC ("Company," "we," "us," or "our"). The Services include virtual phone numbers at a low monthly cost, pay-as-you-go (PAYG) credit system for making calls, call recording, and transcription features. By accessing or using the Services, creating an account, or making a payment, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Definitions
- Account: Your registered profile with Vanilla Phone.
- Services: Virtual numbers, PAYG credits for calls, recording, transcription, and related features as described on our website.
- User Data: Any data you provide or generate through the Services.
- PAYG Credits: Prepaid credits used for call minutes, non-refundable except as stated.
2. Account Registration and Use
You must create an Account to use the Services. You agree to provide accurate information and keep it updated. You are responsible for all activities under your Account, including preventing unauthorized access. Accounts are for businesses and individuals; minimum age 18.
3. Services Provided
We provide virtual numbers for a monthly fee and PAYG credits for calls. Recording and transcription are optional features. We may update or modify Services with notice. Beta features may be offered "as is" without warranties.
4. User Responsibilities
- Comply with all laws, including telecommunications regulations.
- For recording or transcription: Always inform the called party and obtain consent where required by law (e.g., two-party consent states). You are solely responsible for compliance; we provide no legal advice.
- Do not use Services for illegal activities, spam, harassment, or high-volume automated calls without permission.
- Maintain sufficient PAYG credits; calls may be blocked if insufficient.
- Report issues promptly.
5. Prohibited Uses
You may not:
- Violate laws or third-party rights.
- Send unsolicited communications (e.g., telemarketing without consent).
- Use for emergency services (911 not supported; use traditional lines).
- Reverse engineer or interfere with Services.
- Transmit viruses or harmful code.
We may suspend or terminate for violations.
6. Fees and Payments
- Virtual Numbers: Monthly subscription fee, billed in advance.
- PAYG Credits: Purchased via credit card; used for calls at posted rates; expire after 12 months of inactivity.
- Fees are non-refundable except for errors. Taxes and surcharges apply; you pay all.
- Payments: Automatic via credit card; late payments incur 1.5% monthly fee. Disputes must be raised within 60 days.
- Pricing changes: 30 days' notice.
7. Intellectual Property
We own all rights to Services, software, and trademarks. You grant us a license to use User Data to provide Services. You retain ownership of your content.
8. Privacy
We collect and use data per our Privacy Policy (linked on website). You consent to processing for Services, including recording/transcription storage.
9. Termination
- You may terminate with 30 days' notice; pay outstanding fees.
- We may terminate for breach (after 15 days to cure), non-payment, or violations.
- Upon termination: Access ends; unused credits forfeit.
- Surviving sections: Fees, ownership, liability, governing law.
10. Disclaimers
Services provided "as is." No warranties of uninterrupted, error-free operation, or fitness for purpose. Not liable for third-party services or data loss. Recording/transcription accuracy not guaranteed.
11. Limitation of Liability
No liability for indirect, consequential, or punitive damages (e.g., lost profits). Total liability capped at fees paid in prior 12 months. Exceptions: Gross negligence, indemnity obligations.
12. Indemnification
You indemnify us against claims from your use, including recording consent failures or IP infringement.
13. Governing Law
Governed by California law. Disputes resolved in California courts or arbitration (AAA rules).
14. General
- Force Majeure: Excused for uncontrollable events.
- Assignment: We may assign; you need consent.
- Entire Agreement: These Terms supersede priors.
- Changes: We may update Terms with 30 days' notice; continued use is acceptance.