IZT Cloud Voice Terms of Service

These Terms of Service ("ToS") are a product-specific supplement to the IZT Cloud, Inc. Master Service Agreement ("MSA"), available at https://voice.izt.cloud/legal/msa. These ToS govern the operational and service-specific aspects of IZT Cloud Voice. By using IZT Cloud Voice, you agree to both the MSA and these ToS.

For business terms including payment, fees, limitation of liability, warranties, force majeure, assignment, governing law, and dispute resolution, please refer to the MSA. These ToS focus on service-specific terms including acceptable use, service levels, E911 requirements, number porting, and telecommunications compliance.

• "Customer" or "you" refers to the individual or entity that has subscribed to the Service.
• "Master Service Agreement" or "MSA" means the IZT Cloud, Inc. Master Service Agreement available at https://voice.izt.cloud/legal/msa, which governs all IZT Cloud, Inc. services and contains general business terms.
• "User" means any individual who uses the Service under the Customer's account.
• "Service" means the IZT Cloud Voice Unified Communications as a Service (UCaaS) solution.
• "Website" refers to the IZT Cloud, Inc. website and all related subdomains.

3.1. IZT Cloud Voice is a Unified Communications as a Service (UCaaS) solution that provides cloud-based voice, video, messaging, and collaboration tools.

3.2. Features of the Service may include, but are not limited to:

• Voice over IP (VoIP) telephony
• Video conferencing
• Instant messaging
• Presence information
• File sharing
• Screen sharing
• Mobile applications

3.3. IZT Cloud, Inc. reserves the right to modify, suspend, or discontinue any part of the Service at any time with or without notice to you.

4.1. To use the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process.

4.2. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account.

4.3. You must notify IZT Cloud, Inc. immediately of any unauthorized use of your account or any other breach of security.

4.4. IZT Cloud, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

5.1. You agree to use the Service in compliance with all applicable laws and regulations.

5.2. Prohibited activities include, but are not limited to:

• Engaging in any illegal activities
• Transmitting unsolicited bulk communications (spam)
• Attempting to breach or compromise the Service's security
• Infringing on intellectual property rights
• Transmitting any material that is defamatory, offensive, or otherwise objectionable
• Impersonating any person or entity
• Interfering with or disrupting the Service or servers or networks connected to the Service
• Using the Service for unsolicited telemarketing, auto-dialed calls, or prerecorded voice messages without obtaining all consents required by the Telephone Consumer Protection Act (TCPA), state telemarketing laws, and applicable regulations
• Using the Service for any robocalling or automated dialing in violation of applicable law

5.3 Call Recording Compliance. If Customer enables call recording features, Customer is solely responsible for compliance with all applicable federal, state, local, and international laws regarding call recording and consent. Recording consent requirements vary by jurisdiction, some require consent from all parties to a recorded call, others require consent from only one party. Customer shall: (a) determine the legal requirements applicable to each recorded call; (b) obtain all necessary consents prior to recording; (c) configure appropriate announcement prompts to notify call participants of recording; and (d) indemnify IZT Cloud, Inc. against any claims arising from Customer's failure to comply with applicable recording consent laws. IZT Cloud, Inc. provides recording functionality as a tool; Customer bears full responsibility for lawful use.

5.4. IZT Cloud, Inc. reserves the right to investigate and take appropriate legal action against anyone who, in IZT Cloud, Inc.'s sole discretion, violates this provision.

6.1. IZT Cloud, Inc. strives to maintain 99.9% uptime for our Service.

6.2. In the event of any unscheduled Service downtime, IZT Cloud, Inc. will use commercially reasonable efforts to restore the Service as soon as possible.

6.3. Credits for Service unavailability will be applied as follows:

• Less than 99.9% but greater than or equal to 99.0% uptime: 5% of monthly fee credited
• Less than 99.0% but greater than or equal to 95.0% uptime: 10% of monthly fee credited
• Less than 95.0% uptime: 20% of monthly fee credited

6.4. To receive a credit, you must request it by contacting our customer support within 30 days of the incident.

6.5. The SLA does not apply to any scheduled maintenance periods, force majeure events, or any unavailability caused by your actions or third-party services.

6.6 Chronic SLA Failures. If IZT Cloud, Inc. fails to meet the 99.9% uptime commitment for three (3) or more months within any twelve (12) month period, Customer may terminate this Agreement without penalty upon thirty (30) days' written notice, provided such notice is given within sixty (60) days of the third qualifying month.

7.1. IZT Cloud, Inc. provides customer support via email, phone, and web portal during normal business hours (9 AM to 5 PM Eastern Time, Monday through Friday, excluding holidays).

7.2. Response times for support requests are as follows:

• Critical issues: Within 2 hours
• High priority issues: Within 4 hours
• Medium priority issues: Within 1 business day
• Low priority issues: Within 2 business days

7.3. IZT Cloud, Inc. reserves the right to determine the severity level of any reported issue.

8.1. We collect and process personal data as described in our Privacy Policy, which is incorporated by reference into these Terms of Service.

8.2. By using our Service, you consent to such processing and you warrant that all data provided by you is accurate.

8.3. IZT Cloud, Inc. implements appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.

8.4. You are responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of the Service.

9.1. All intellectual property rights in the Service and its content, features, and functionality are and will remain the exclusive property of IZT Cloud, Inc. and its licensors.

9.2. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for its intended purpose in accordance with these Terms of Service.

9.3. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the content, in whole or in part, except as expressly authorized by IZT Cloud, Inc.

10.1. E911 Capabilities and Limitations

IZT Cloud Voice provides E911 (Enhanced 911) services, allowing emergency services to be contacted and potentially locate your address. However, there are important limitations:

• E911 service will not function if your internet connection fails or if there's a power outage.
• E911 service may not function if you use the Service outside your registered location.
• There may be a delay in making your address available in the E911 systems after initial setup or after you change your address.
• In some cases, E911 calls may be routed to a national emergency call center instead of local emergency services.

10.2. User Responsibilities

You are responsible for:

• Providing and maintaining accurate location information for E911 services.
• Informing all users of your IZT Cloud Voice service about the nature and limitations of E911 services.
• Placing a sticker on or near each device indicating the potential limitations of E911 service.
• Testing your E911 service after initial setup and any change of address.

10.3. Acknowledgment

By using the Service, you acknowledge the limitations of E911 service and agree to convey these limitations to anyone who may use the Service. You also agree to the release, indemnification, and limitation of liability provisions in the MSA with respect to E911 services.

10.4 STIR/SHAKEN Compliance

IZT Cloud, Inc. implements STIR/SHAKEN call authentication protocols as required by the FCC to combat illegal caller ID spoofing and robocalls. Outbound calls from IZT Cloud Voice are signed with verified caller ID information. Customer is responsible for ensuring that any caller ID information configured in Customer's account is accurate and that Customer has the right to use such numbers. Misrepresentation of caller ID information is prohibited and may result in immediate termination of Service.

11.1. Porting In

If you wish to transfer an existing phone number to IZT Cloud Voice:

• You authorize IZT Cloud, Inc. to process your number porting request.
• You confirm that you have the right to port the number and that all information provided is correct.
• You understand that the porting process may take several weeks and that service on your existing provider may be interrupted before the port is complete.
• You agree to cooperate with IZT Cloud, Inc. and your previous service provider in the porting process.

11.2. Porting Out

If you wish to transfer your IZT Cloud Voice number to another provider:

• You must maintain an active account with us until the port is complete.
• Porting out a number does not automatically cancel your service with us. You must separately request service cancellation.
• You are responsible for all charges incurred up to the time the port out is complete.

11.3. IZT Cloud, Inc. reserves the right to refuse to port a number if it suspects fraudulent activity or if the account is not in good standing.

12.1. We reserve the right to suspend or terminate your access to the Service if you violate these Terms of Service or if your use of the Service poses a security risk.

12.2. You may terminate your account at any time by contacting our customer support. Termination will be effective at the end of your current billing cycle.

12.3. Upon termination:

• You will lose access to all data associated with your account.
• IZT Cloud, Inc. may delete all data associated with your account after 30 days.
• You are responsible for extracting any data you wish to retain before the account is terminated.

12.4. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, provisions in the MSA regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

In addition to any indemnification obligations under the MSA, Customer specifically agrees to defend, indemnify, and hold harmless IZT Cloud, Inc. from claims arising from:

• Customer's failure to maintain accurate E911 location information or failure to notify users of E911 limitations;
• Customer's failure to obtain required consents for call recording as required by applicable law;
• Customer's violations of the Telephone Consumer Protection Act (TCPA), state telemarketing laws, or Do-Not-Call regulations;
• Customer's misrepresentation of caller ID information in violation of STIR/SHAKEN requirements or applicable law; or
• Customer's use of the Service for unlawful robocalling or auto-dialing.

These product-specific Terms of Service are subject to the modification provisions in Section 14.2 of the MSA. IZT Cloud, Inc. may modify these Terms upon thirty (30) days' prior written notice. The objection and termination rights described in the MSA apply to material modifications of these Terms.

If you have any questions about these Terms of Service, please contact us at:

IZT Cloud, Inc.
1111B S Governors Ave STE 7460
Dover, DE 19904
Email: legal@izt.cloud
Phone: (313) 636-1850