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Terms of Service

Terms of Service
Privacy Policy
CPNI Policy
AUP Policy

Terms of Service

Last updated: December 1, 2024


Agreement Overview

These Terms of Service for Sipify, LLC (“Sipify”) (this “Agreement”) is a legal agreement between you (“Customer” or “you”) and Sipify regarding the Sipify Services (“Services”). The Services include the systems (including hardware, software and equipment) by which Sipify provides its VoIP services to Customer and other Sipify users.


Acceptance of Terms

Your use of the Services constitutes your agreement to the terms of this Agreement and Sipify’s then-current version of its Acceptable Use Policy, available at www.sipify.io. You acknowledge that Sipify would not agree to provide the Services without that assent.


Service Requirements

You may only receive the Services if you are a Service subscriber in good standing with a valid, authorized payment method on file with Sipify. You understand that you must obtain your own Internet connection in order to use the Services.

WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR PROBLEMS IN THE SERVICES CAUSED BY YOUR INTERNET CONNECTION OR THIRD PARTY PRODUCTS OR SERVICES.


Account Administration

You may designate one or more users to be an account administrator (“Administrator”) with full administrative control of your account from the Sipify user interface or portal...


Service Modifications

Sipify reserves the right, from time to time, to change the terms and modify service plans and features, provided that such changes are consistently applied in a manner and degree to similarly situated customers...


Emergency Services - 911 Dialing

  1. Non-Availability of Traditional 911 Service:

    Sipify 911 dialing operates differently than traditional 911 service...

  2. Service Outage Considerations:

    You acknowledge and agree that 911 dialing does not function during:

    • Power failures or disruptions
    • Broadband service outages
    • Account suspensions

Additional Services

Additional Sipify Services can be purchased by users you designate as administrators through the Sipify user interface or portal or by calling Sipify Customer Support. You hereby authorize those users with administrative privileges to (i) add these Services to your Sipify account and (ii) commit you to pay for these Services in accordance with the terms of your order and this Agreement. You further authorize Sipify to obtain payment of your then-current statement balance from you each month from your credit card account.


Service Pricing and Changes

Customer agrees to pay Sipify the rates, fees and other service charges agreed to in the parties' Service Agreement, or as otherwise posted in your user portal, in accordance with the payment and billing terms more fully described below. In addition to all applicable usage-based (e.g., per-minute, per-call, per-text, per-number, and per-port charges), recurring, and one-time charges, Customer agrees to pay all applicable customs duties, sales, use, import or export, value added, excise, federal, state, local, public utility, universal service or other similar taxes and fees.

Unless the parties have a separately executed agreement to the contrary, you understand and agree that Sipify can prospectively change the rates and charges for its Services, and you agree to pay the then-applicable rates and charges for the Services you use in accordance with this Agreement. Sipify will publish applicable rates and rate changes via your portal, by emailing rate decks to your Company Contact email address, or through other commercially reasonable means. Sipify will use commercially reasonable means to provide you with prior notice of any rate changes, but Customer acknowledges and agrees that it is responsible to review the thenapplicable rates before using any Sipify Service, and to pay all then-applicable fees and charges based on your usage of the Services.

Sipify reserves the right to change any of the other non-price terms of these Terms of Service, but only on a prospective basis after providing notice to you. Sipify will provide Customer thirty days' advance notice of any such changes that would have a materially adverse effect on you, and post the revised Terms on its website. Changes will become effective on the next business day following the 30-day notice period and, unless Customer has objected to any changes by delivering written notice to Sipify, Customer agrees to be bound by any changes after such 30-day notice period. Customer is solely responsible for checking the Sipify website regularly and keeping its contact information current.


Billing and Payment

Sipify is principally a prepaid service. Customer hereby authorizes Sipify to apply all applicable charges and fees incurred under this Agreement to the credit card Customer associates with this Agreement. Prepaid service requires the Customer's account to have sufficient funds at all times. All Services will be subject to immediate suspension without further notice at any time the account does not have sufficient funds.

At the inception of Service, Customer agrees to deposit a fixed amount into its Sipify account to establish its initial prepaid value. Thereafter, as Customer's use of the Services depletes its initial value through applicable Fees to the low-balance threshold (the default of which is $100.00), Customer agrees that its credit card may be charged to restore its account value above the lowbalance threshold to a top-up value that Customer can define in the user interface.

Except for usage-based fees, all fees are due in advance on the first day of each billing period. Fees may include monthly recurring charges ("Service Fees"), and other non-recurring charges including, but not limited to, activation fees, porting fees, early termination fees, regulatory compliance fees ("Regulatory Recovery Fees") and government-mandated pass through fees such as, but not limited to, Universal Service Fund fees ("USF") and e911 fees ("Fees"). All usage-based charges, Fees and any other non-recurring charges are due and payable in arrears on the first day of each billing period following the month they were incurred. Customer agrees to pay for all equipment and set-up fees at the time Services are ordered.

All payments, including payments paid in advance, are non-refundable. Failure to pay in full will result in immediate account suspension and Sipify shall have no liability for such suspension. Sipify will assess an additional 1.5% per month (or the highest amount allowed by law, whichever is higher) late charge if your payment is more than thirty (30) days past due.

Customer is responsible and liable for any and all fees, including reasonable attorneys' and collection fees and costs, that Sipify may incur in its efforts to collect any outstanding balances. Customer also agrees to pay any outstanding balances if you cancel the Services. Customer further understands and agrees that Sipify and its agents may use automated telephone dialing equipment or an artificial or prerecorded voice message to contact Customer in connection with this Agreement or Sipify's Services, and that Sipify may contact Customer at any telephone number Customer provides to Sipify, even if that number is a cellular telephone number.


Contract Termination for Convenience

During any period of suspension for non-payment, Services will be unavailable until the account balance is paid in full. In the event Services are terminated for reason of non-payment or otherwise, Customer understands and agrees that no Services will be provided and its assigned telephone numbers will be reclaimed immediately and no longer available to Customer. In addition to Sipify's right to suspend or terminate Service in accordance with the terms of this Agreement and Sipify's Acceptable Use Policy, available at www.sipify.io, either party may terminate this Agreement at any time without penalty provided that it sends written notice of such termination to other party at least 30 days prior to the effective date of such termination. Following the effective date of the termination, Customer may request a refund of its Prepaid Balance from Sipify. Sipify shall refund any balance held on behalf of Customer within 30 days of the termination, less any amounts due to Sipify. During any period of suspension for non-payment, Services will be unavailable until the account balance is paid in full. In the event Services are terminated for reason of non-payment or otherwise, Customer understands and agrees that no Services will be provided and its assigned telephone numbers will be reclaimed immediately and no longer available to Customer. In addition to Sipify's right to suspend or terminate Service in accordance with the terms of this Agreement and Sipify's Acceptable Use Policy, available at www.didcentral.io, either party may terminate this Agreement at any time without penalty provided that it sends written notice of such termination to other party at least 30 days prior to the effective date of such termination. Following the effective date of the termination, Customer may request a refund of its Prepaid Balance from Sipify. Sipify shall refund any balance held on behalf of Customer within 30 days of the termination, less any amounts due to Sipify.


Billing Calculations and Increments

Sipify calculates billable call duration from the time we receive the initial "INVITE" packet to the time we receive the final "BYE" packet. All usage is billed in the time increments identified in your user portal and in accordance with the type of traffic at issue, with usage measurement beginning upon the initiation of the first "INVITE" packet.

Actual and Fraudulent Use

Customer shall be responsible for the costs incurred by all inbound and outbound call traffic regardless of their source, authorization or scope ("Actual Use"). Should Customer's equipment be breached by an unauthorized third party, Customer shall be responsible for all costs, fees and other charges associated with the unauthorized traffic. Customer agrees to bear the risk of loss and assume all liability arising from prohibited, unauthorized or fraudulent usage of Services under your Sipify account. Any such prohibited, unauthorized or fraudulent use by you is a material breach of the Agreement by Customer. Customer is solely responsible for securing all credentials used to access the Services, including credentials used by telephones or softphones and credentials used by end users or administrators, as well as the media access control (MAC) address of telephones used by you or your End Users. You acknowledge that placing telephones on a publicly accessible IP address or a publicly accessible network will subject you and your End Users to a higher level of risk for fraudulent activity. Customer shall not be excused from paying for Services or any portion thereof on the basis that fraudulent usage or calls occurred. If we discover fraudulent usage, you consent to Sipify taking actions it deems reasonably necessary (including blocking access to particular calling numbers or geographic areas), without notice to you, to prevent such usage from taking place. Customer acknowledges and agrees that it is solely responsible for all charges incurred in connection with the use of the Services associated with Customer's account, whether authorized, unauthorized, fraudulent or otherwise, and that Sipify: (a) has no duty to investigate the authenticity of usage charged to Customer's account, (b) has no duty to take action to prevent fraudulent usage from occurring in connection with your account, and (c) is not liable for any fraudulent usage billed to Customer's account.


Suggestions and Custom Development

If Customer makes any suggestions regarding improvements, changes, or new features or functions relating to the Sipify Services (collectively, "Suggestions"), Customer irrevocably assigns to Sipify all right, title, and interest in and to the Suggestions. If Customer chooses to engage Sipify to develop or create any improvements, changes, or new features or functions relating to the Sipify Services or how Customer uses or integrates the Sipify Services in Customer's environment ("Custom Work Product"), Customer may do so in writing and, if Sipify accepts in writing, Customer agrees to pay Sipify for the time reasonably incurred in developing that Custom Work Product at Sipify's hourly development rate of $250/hour. All right, title and interest in and to (a) the Custom Work Product and (b) all works, inventions and other subject matter incorporating, based on, or derived from any Custom Work Product, including all customizations, enhancements, improvements and other modifications thereof, in each case by whomsoever made and including all intellectual property rights therein, are and will remain with Sipify.


E911 Provided that you subscribe to an Interconnected VoIP service offered by Sipify, the Sipify Network is able to deliver the address, name and phone number of your office to Emergency Services upon dialing 911. Enhanced 911, or E911, service is disabled by default and must be enabled by Sipify Support. Customer agrees to provide thirty (30) days' notice to Sipify if it intends to use the Sipify Network for 911.


Number Porting

Customer agrees to the following: 1. During the term of this Agreement, Customer grants Sipify and its agents authority to initiate porting requests on its behalf as Sipify determines is reasonably necessary for the provision of the Services. Sipify may place Customer's phone numbers with a new peer without further notice to Customer, provided however that Sipify will not place Customer's phonenumbers, or otherwise enter into any agreement, with any peer or other person which would directly result in Customer's loss of its phone numbers. 2. Sipify, and its agents, are authorized to initiate changes to telephone service and for the purpose of obtaining service records, initiate or terminate ports, or to make changes to the ways in which Customer's telephone numbers are routed to the extent necessary for the provision of the Services. 3. Customer agrees to release Sipify from damages of any kind, including, without limitation, direct, consequential and exemplary or punitive damages, in the event that either a terminating or servicing peer or a third party experiences technical difficulties that result in any or all of the following: a. Service Interruption b. Delays in porting c. Delays in service d. Lost Telephone Numbers


International Calling Coverage

Due to the nature of international tariffs, laws, and technical capacities of many international locations, not all international numbers are reachable from the Sipify network. This includes the following examples:

  • The called number is a part of a military conflict with another party,
  • The called number is under economic sanctions by the United States or United Nations,
  • The called number is in a location where the call completion rates expose Sipify to very high fraud risks,
  • The called number is a satellite phone or cruise ship,
  • The called number is using infrastructure not reachable from the United States, or
  • Other similar examples not listed here.

The Sipify infrastructure is a collection of Data Centers, public cloud providers and other third party services and connections that collectively provides high availability for VoIP Services. This Infrastructure is highly confidential and proprietary to Sipify.

Reverse Engineering and Use Restrictions

Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer agrees to not (i) reverse engineer, decompile, disassemble or otherwise attempt to derive techniques, processes, algorithms, know-how or other information from the Services or permit or induce another to attempt or perform the foregoing; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; or (iii) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.


Confidentiality

Apart from publicly available terms and conditions, Sipify and Customer agree that the rates, fees, and other charges offered, charged, and/or paid under this Agreement; Sipify's network, software and service delivery platform; Customer's usage under this Agreement; and any other nonpublic information and data exchanged between the parties under this Agreement are confidential and proprietary. The parties agree that such confidential information will not be disclosed, either directly or indirectly, by any means, to any third person(s) without the prior express written permission of the other party during the term of this Agreement or at any time during the 3-year period following the end of the term. You will take all reasonable measures to avoid disclosure, dissemination, or unauthorized use of Sipify's confidential information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature, and further agree to solely use Sipify's confidential information in connection with your use of Sipify's Services and your performance of this Agreement. In the event disclosure is mandated by court order, subpoena, a governmental authority, or under law, the party who receives such demand must give prompt written notice to the other party prior to any such disclosure and cooperate fully in obtaining any protective order or other form of confidentiality protection. All information that Sipify collects about your use of Sipify's website, its online user portal, and its Services are subject to our CPNI Policy.


Arbitration Waiver of Jury Trial

The parties agree that Sipify may bring suit in court to enjoin infringement or other misuse of its intellectual property rights. With that sole exception, any controversies or disputes between the parties, whether arising out of or relating to this Agreement or otherwise, shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such the selection of an arbitrator, each party agrees to submit the selection of an arbitrator to the rules of the AAA. Arbitration shall take place in or near Washington, D.C. The rules of discovery under the State of New York shall apply. The Arbitrator shall be bound by the laws of the State of New York in her or his ruling. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be enforced in any competent court of law. The parties understand and agree that they are waiving their right to a trial by jury in light of their agreement to arbitrate any disputes between them. But if, for any reason, a claim proceeds in court rather than in arbitration, the parties agree to waive any right to a jury trial.


Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT OR FOR LIABILITY DIRECTLY CAUSED BY Sipify'S RECKLESS OR INTENTIONAL MISCONDUCT , Sipify WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, DATA, OR PATENT INFRINGEMENT OR VIOLATION OF ANY OTHER INTELLECTUAL PROPERTY RIGHT, EVEN IF CUSTOMER CLAIMS TO HOLD SUCH RIGHTS), EVEN IF Sipify HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, BY ENTERING INTO THIS AGREEMENT YOU AGREE THAT Sipify WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH:

  • YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES, (II) ANY CLAIM, DEMAND OR SUIT BY CUSTOMER ALLEGING THAT THE Sipify SERVICES, IN WHOLE OR IN PART, INFRINGE OR OTHERWISE VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT IN WHICH YOU CLAIM AN INTEREST (III) Sipify'S DISCONTINUATION OF ANY OR ALL OF THE SERVICES, OR, (IV) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON;
  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
  • ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES; OR
  • ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR DATA OR OTHER DATA.

Sipify'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR Sipify'S SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT OR OTHERWISE, WILL NOT EXCEED THE TOTAL OF THE AMOUNT YOU ACTUALLY PAID Sipify UNDER THIS AGREEMENT IN THE SIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PARTIES ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION, AND THAT THESE PROVISIONS REFLECT AN ALLOCATION OF THE RISK BETWEEN THE PARTIES AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE PARTIES' BARGAIN.


Warranty

EXCEPT TO THE EXTENT EXPRESSLY PROVIDED HEREIN: Sipify DOES NOT WARRANT THE SERVICES HEREUNDER OR THE ACCURACY OR CORRECTNESS OF THE RESULTS OF THE SERVICES, AND Sipify DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF: (1) MERCHANTABILITY, (2) FITNESS FOR PARTICULAR PURPOSE, (3) EFFORT TO ACHIEVE PURPOSE, (4) QUALITY, (5) ACCURACY, (6) NON-INFRINGEMENT, (7) TITLE, (8) MARKETABILITY, (9) PROFITABILITY, (10) SUITABILITY, AND OR (11) ANY TYPE ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. THE Sipify SERVICES AND ANY MATERIALS, SOFTWARE, OR EQUIPMENT ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMITTED BY LAW.


Indemnification

YOU HEREBY AGREE TO HOLD HARMLESS, INDEMNIFY AND DEFEND Sipify, ITS OFFICERS, DIRECTORS, AND EMPLOYEES, FROM AND AGAINST ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, FINES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) ARISING OUT OF OR RELATING TO ANY THIRD-PARTY CLAIM RELATING TO YOUR USE OF THE Sipify SERVICES OR YOUR BREACH OF THIS AGREEMENT, INCLUDING ANY CLAIM THAT YOU HAVE VIOLATED ANY TERM OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING SECTION ("COMPLIANCE WITH LAWS").


Compliance with Laws and Prohibited Use

You agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights and restrictions concerning call recording, call monitoring, call interception and/or direct marketing or telemarketing. Sipify may provide you with guidelines regarding compliance with applicable regulation(s); however, you are solely responsible for ensuring that your use of the Services is in compliance with such regulations. You may only use the Services for your own use. You may not use the Services in any way to provide, or as part of, any commercial service or application or in any way interfere with the users, services or equipment of the network. In addition to any other remedies available in equity or law to Sipify, failure to comply with any of the terms and conditions in this Section shall result in immediate termination of the Services. Any use of the Services or any other action in violation of this Section or that causes a disruption in the Sipify network integrity, or in Sipify's determination threatens or compromises the security of Sipify, its vendors, its other customers or the Services whether directly or indirectly, is strictly prohibited and permits Sipify to suspend or terminate the Services without prior notice at the sole discretion of Sipify and further permits Sipify to disclose any information, including Customer's confidential information, to necessary authorities or third parties. Sipify shall have the right, in its sole, but reasonably exercised discretion, not to accept, transmit or deliver any messages or content that it reasonably believes contains inappropriate content or that is, or could reasonably become, the subject of any legal, regulatory, or other governmental proceeding or process, including a law enforcement proceeding, process, or inquiry. Any use found to be inconsistent with the restrictions of this Section may result in termination of the Services without prejudice to any other Sipify rights or remedies. Sipify reserves the right to audit, track, and/or monitor Customer's use of the Services to (a) enforce the provisions of this Agreement, including the AUP; (b) conform to legal requirements or comply with legal process; (c) protect and defend the rights or property of Sipify or any thirdparty, including Sipify's carrier-vendors and other suppliers; (d) respond to requests for identification in connection with a claim of copyright or trademark infringement, or alleged unlawful activity; (e) act to protect the interests of Sipify's customers and its network reliability and integrity generally; (f) conform to Sipify's contractual obligations with any third-party supplier; or (g) provide the Services. Customer understands, agrees, and consents to Sipify's monitoring, which under certain circumstances involves Sipify's application of its proprietary, internal analytics tools or third-party-provided analytics-based tools to identify potentially unlawful use of the Services, which in some instances may involve certain calls either being declined for further carriage or routed and handled separately for further monitoring, but in no event does Sipify's Services change the form or content of any given call. Customer agrees that this Agreement is sufficient notice to Customer of such monitoring to the extent any notice is required under applicable law. In the event Sipify is required by court order, statute, government regulation, subpoena, traceback request, or other governmental request to disclose Customer information (including, but not limited to, CPNI) to the authorities, Customer understands and consents to Sipify's cooperation with such efforts. Customer must and agrees to inform its subscribers of the provisions of this Compliance with Laws insofar as Customer provides any of such subscribers' traffic to Sipify for its provision of Services hereunder.


Waiver

The failure of either party to enforce a provision of this Agreement shall not be construed as a waiver or limitation of that party's right to enforce those provisions in the future.


Governing Law

This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws provision.


Correspondence

During the course of the Agreement, Customer may make service requests of Sipify via e-mail, ticket submission, or phone call. The parties further agree that Customer may make certain changes to the Services it subscribes to via Sipify's user interface, including the addition or deletion of users and the addition or deletion of telephone numbers.


Entire Agreement

This Agreement, together with the parties' Service Agreement and any attachments and addenda thereto, contains the entire agreement between the parties, and there are no other oral promises or conditions with respect to the parties. This agreement supersedes any other written or oral agreements between the parties.


Severability

If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.


Survivability

All Provisions that logically ought to survive termination of this Agreement shall survive, including, without limitation, the sections relating to confidentiality, arbitration, indemnification, and limitations of liability.


Privacy Policy

Last updated: March 18, 2020

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.


Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.


Definitions

For the purposes of this Privacy Policy:

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  • Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Sipify LLC, 1309 Coffeen Avenue STE 1409, Sheridan, Wyoming, 82801.
  • For the purpose of the GDPR, the Company is the Data Controller.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Website refers to Sipify, accessible from htttp://sipify.com
  • Service refers to the Website.
  • Country refers to: United States
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
  • For the purpose of the GDPR, Service Providers are considered Data Processors.
  • Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
  • Personal Data is any information that relates to an identified or identifiable individual.
  • For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
  • For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
  • Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
  • Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
  • Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
  • Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's Personal information to another business or a third party for monetary or other valuable consideration.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Bank account information in order to pay for products and/or services within the Service
  • Usage Data

When You pay for a product and/or a service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity. Such information may include, without limitation:

  • Date of birth
  • Passport or National ID card
  • Bank card statement
  • Other information linking You to an address

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:

  • Google
  • Facebook
  • Twitter

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

We use both session and persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies

    Type: Session Cookies

    Administered by: Us

    Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

  • Cookies Policy / Notice Acceptance Cookies

    Type: Persistent Cookies

    Administered by: Us

    Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

  • Functionality Cookies

    Type: Persistent Cookies

    Administered by: Us

    Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

  • Tracking and Performance Cookies

    Type: Persistent Cookies

    Administered by: Third-Parties

    Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.


Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.

We may share your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to contact You, to advertise on third party websites to You after You visited our Service or for payment processing.
  • For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.


Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.


Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.


Detailed Information on the Processing of Your Personal Data

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

Mailchimp

Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.

For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Stripe

Their Privacy Policy can be viewed at https://stripe.com/us/privacy

When You use Our Service to pay a product and/or service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity.

Usage, Performance and Miscellaneous

We may use third-party Service Providers to provide better improvement of our Service.

Invisible reCAPTCHA

We use an invisible captcha service named reCAPTCHA. reCAPTCHA is operated by Google.

The reCAPTCHA service may collect information from You and from Your Device for security purposes.

The information gathered by reCAPTCHA is held in accordance with the Privacy Policy of Google: https://www.google.com/intl/en/policies/privacy/


GDPR Privacy

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

  • Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
  • Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
  • Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
  • Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
  • Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
  • Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

  • Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
  • Request correction of the Personal Data that We hold about You. You have the right to to have any incomplete or inaccurate information We hold about You corrected.
  • Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
  • Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
  • Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
  • Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.


CCPA Privacy

Your Rights under the CCPA

Under this Privacy Policy, and by law if You are a resident of California, You have the following rights:

  • The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
  • The right to access / the right to request. The CCPA permits You to request and obtain from the Company information regarding the disclosure of Your Personal Data that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party's direct marketing purposes.
  • The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell Your Personal Data to third parties. You can submit such a request by visiting our "Do Not Sell My Personal Information" section or web page.
  • The right to know about Your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following:
  • The categories of Personal Data collected
  • The sources from which the Personal Data was collected
  • The business or commercial purpose for collecting or selling the Personal Data
  • Categories of third parties with whom We share Personal Data
  • The specific pieces of Personal Data we collected about You
  • The right to delete Personal Data. You also have the right to request the deletion of Your Personal Data that have been collected in the past 12 months.
  • The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer's rights, including by:
  • Denying goods or services to You
  • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
  • Providing a different level or quality of goods or services to You
  • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if you are a California resident, You can email or call us or visit our "Do Not Sell My Personal Information" section or web page.

The Company will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.

Do Not Sell My Personal Information

We do not sell personal information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that "sells" personal information as defined by the CCPA law.

If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.

Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that you use.

Website

You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:

  • From Our "Cookie Consent" notice banner
  • Or from Our "CCPA Opt-out" notice banner
  • Or from Our "Do Not Sell My Personal Information" notice banner
  • Or from Our "Do Not Sell My Personal Information" link

The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.

Mobile Devices

Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:

  • "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices
  • "Limit Ad Tracking" on iOS devices

You can also stop the collection of location information from Your mobile device by changing the preferences on your mobile device.

"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.


Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these users.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.


Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.


Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.


Contact Us

If you have any questions about this Privacy Policy, You can contact us:

  • By email:
  • By visiting this page on our website: http://sipify.com/
  • By phone number: 866 978 0911
  • By mail: Sipify Head Office, 1034 E Brandon Blvd, Suite 400, Brandon, FL 33511
  • Postal Address: 1032 E Brandon Blvd #2408, Brandon, FL 33511

Sipify LLC PRIVACY NOTICE

In accordance with Section 222 of the Communications Act and the Federal Communications Commission's (FCC) CPNI Rules (47 C.F.R. § 64.2001, et seq.), Sipify LLC (Sipify LLC or Company) has established the policies and procedures outlined below for collecting, accessing, using, and storing Customer Proprietary Network Information (CPNI). Sipify LLC provides telecommunications services to retail customers. Therefore, because Sipify LLC may collect, access, use, or store CPNI when providing these types of services, the Company undertakes the steps outlined in this Policy Statement to protect CPNI from unauthorized access or misuse.


Definition of CPNI

Under federal law, CPNI is certain customer information obtained by a telecommunications provider during the course of providing telecommunications and related services (including interconnected VoIP) to a customer. This includes information relating to the quantity, technical configuration, type, destination, location, and amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier. Examples of CPNI include information typically available from telephone-related details on a monthly bill such as the types of services purchased by a customer, numbers called, duration of calls, directory assistance charges, and calling patterns. CPNI does not include names, addresses, and telephone numbers of customers, because that information is considered subscriber list information under applicable law.


Use of CPNI

It is the policy of Sipify LLC not to use CPNI for any activity other than as permitted by applicable law. Any disclosure of CPNI to other parties (such as affiliates, vendors and agents) occurs only if it is necessary to conduct a legitimate business activity related to the services already provided by Sipify LLC to the customer. If Sipify LLC is not required by law to disclose CPNI or if the intended use is not otherwise permitted under FCC rules, the Company will first obtain the customer's consent prior to using or sharing CPNI. Sipify LLC follows industry-standard practices to prevent unauthorized access to CPNI by a person other than the subscriber or Company. However, Sipify LLC cannot guarantee that these practices will prevent every unauthorized attempt to access, use, or disclose personally identifiable information.


CPNI Notification

Sipify LLC notifies customers immediately of any account changes, including address of record, authentication, online account, and password-related changes.


Employee Training Policies

All employees of Sipify LLC are trained as to when they are, and are not, authorized to use CPNI. Specifically, Sipify LLC prohibits its personnel from releasing CPNI based upon a customer-initiated telephone call except under the following three (3) circumstances.

  • When the customer has pre-established a password and confirms that password when contacting Sipify LLC about CPNI-related matters;
  • When the information requested by the customer is to be sent to the customer's address of record; or
  • When Sipify LLC calls the customer's telephone number of record and discusses the information with the party initially identified by the customer when service was initiated.

Disclosure to Business Customers

Sipify LLC may negotiate alternative authentication and CPNI procedures for services that the Company provides to business customers that have a dedicated account representative and a contract that specifically addresses the protection of the business customer's CPNI.


Disciplinary Procedures

Sipify LLC has informed its employees and agents that it considers compliance with the Communications Act and FCC rules regarding the use, disclosure, and access to CPNI to be very important. Violation by company employees or agents of such CPNI requirements will lead to disciplinary action (including remedial training, reprimands, unfavorable performance reviews, probation, and/or termination), depending upon the circumstances of the violation (including the severity of the violation, whether the violation was a first time or repeat violation, whether appropriate guidance was sought or received from a supervisor, and the extent to which the violation was or was not deliberate or malicious).


Use of CPNI in Sales and Marketing Campaigns

Sipify LLC does not use CPNI in its marketing campaigns. However, if Sipify LLC does use CPNI in marketing campaigns, the company will maintain a record of all sales and marketing campaigns that use the CPNI. The record will include a description of each campaign, the specific CPNI that was used in the campaign, and what products and services were offered as part of the campaign. Sipify LLC will also implement a system to obtain prior approval and informed consent from its customers in accordance with the Commission's CPNI rules. This system will allow for the status of a customer's CPNI approval to be clearly established prior to the use of CPNI. Prior to commencement of a sales or marketing campaign that utilizes CPNI, Sipify LLC will establish the status of a customer's CPNI approval. The following sets forth the procedure that will be followed by the Company:

  • Prior to any solicitation for customer approval, Sipify LLC will notify customers of their right to restrict the use of, disclose of, and access to their CPNI.
  • Sipify LLC will use opt-in approval for any instance in which Company must obtain customer approval prior to using, disclosing, or permitting access to CPNI.
  • A customer's approval or disapproval remains in effect until the customer affirmatively revokes or limits such approval or disapproval.
  • Records of approvals are maintained for at least two years.
  • Sipify LLC provides individual notice to customers when soliciting approval to use, disclose, or permit access to CPNI.
  • The CPNI notices sent by Sipify LLC will comply with FCC Rule 64.2008(c) and will be retained for at least one (1) year.

Sipify LLC will also maintain a supervisory review process regarding compliance with the CPNI rules for any outbound marketing situations relating to CPNI and will maintain such compliance and supervisory approval records for at least one (1) year consistent with FCC Rule 64.2009(d).


FCC Notification Third Party Use of CPNI

Company is prepared to provide written notice within five (5) business days to the FCC of any instance where the opt-in mechanisms do not work properly or to such a degree that consumers' inability to opt-in is more than an anomaly. To safeguard CPNI, prior to allowing joint venturers or independent contractors access to customers' individually identifiable CPNI, Sipify LLC will require all such third parties to enter into a confidentiality agreement that ensures compliance with this Policy, and Sipify LLC shall also obtain opt-in consent from a customer prior to disclosing the information to such third parties. In addition, Sipify LLC requires all outside agents to acknowledge and certify that they may only use CPNI for the purpose for which that information has been provided. Sipify LLC requires express written authorization from the customer prior to dispensing CPNI to new carriers, except as otherwise required by law. Sipify LLC does not market or sell CPNI information to any third party.


Law Enforcement Notification of Unauthorized Disclosure

If an unauthorized disclosure of CPNI occurs, Sipify LLC shall provide notification of the breach within seven (7) days to the United States Secret Service (USSS) and the Federal Bureau of Investigation (FBI). Sipify LLC shall wait an additional seven (7) days from its government notice prior to notifying the affected customers of the breach. Notwithstanding the above, Sipify LLC shall not wait the additional seven (7) days to notify its customers if the Company determines there is an immediate risk of irreparable harm to the customers. Sipify LLC shall maintain records of discovered breaches for a period of at least two (2) years.


Annual CPNI Certification

Pursuant to FCC regulations, 47 C.F.R. § 64.2009(e), Sipify LLC will annually submit to the FCC, by March 1st or any subsequently established deadline, a CPNI Certification of Compliance and accompanying Statement regarding the company's CPNI policies and operating procedures. These documents certify that Sipify LLC complied with federal laws and FCC regulations regarding the protection of CPNI throughout the prior calendar year.

Sipify Acceptable Use Policy

This Acceptable Use Policy (“AUP”) describes actions that Sipify, LLC (“Sipify”) prohibits when any party uses its Services. By ordering or using Sipify’s Services, you, the Customer or service recipient, agree to the terms of this AUP.

Each Customer must review and comply with this AUP and all applicable laws, but this AUP is not intended to be interpreted as, relied upon, or used as a substitute for legal advice.

You agree not to use, and not to encourage or allow any end user or other party to use, Sipify’s Services in unlawful or prohibited manners, including, but not limited to, the following:

  • Using the Services to engage in any activities that are illegal, abusive, false, fraudulent, deceptive or misleading, or any activity that exploits, harms, or threatens to harm children.
  • Engaging in any unsolicited advertising, marketing, or other unlawful activities using the Services, including without limitation, any activities that violate laws applicable to advertising, electronic communications, and telemarketing, including, but not limited to, Section 5 of the FTC Act (15 U.S.C. § 45), the CAN-SPAM Act (15 U.S.C. §§ 7701-7713), the Telemarketing Consumer Fraud and Abuse Prevention Act (15 U.S.C. §§ 6101-6108), the Federal Trade Commission Telemarketing Sales Rule (16 C.F.R. § 310 et seq.), the Telephone Consumer Protection Act (47 U.S.C. §§ 227), the Federal Communications Commission regulations (47 C.F.R. 64.1200 et seq.) and orders implementing the Telephone Consumer Protection Act, all federal and state Do Not Call and calling-time restriction laws and regulations.
  • Using Sipify’s Services in any way that fails to conform to any applicable industry guidelines and standards, including, without limitation, the CTIA Messaging Principles and Best Practices, Short Code Registry Best Practices and Short Code Monitoring Handbook.
  • Attempting to bypass or disable any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk.
  • Reverse-engineering the Services for any improper purpose.
  • Using the Services in any manner that may subject Sipify or any third party to liability, damages, or danger.
  • Launching or facilitating a denial of service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services.
  • Transmitting any material that contains viruses, trojan horses, worms or any other malicious or harmful programs.
  • Using the Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996, as amended, unless you have signed a Business Associate Agreement with Sipify or your use of the Services fits within an exception for requiring a Business Associate Agreement.
  • Using the Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
  • Using the Services to transmit any material that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
  • Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call, including failing to comply with the Truth in Caller ID Act, 47 U.S.C. § 227, and implementing regulations, 47 C.F.R. § 227.

This list of prohibited uses is meant to be illustrative and should not be considered exhaustive. All determinations related to violations of this Acceptable Use Policy will be made by Sipify in its sole, reasonable discretion. Sipify reserves the right to change or modify the terms of the AUP at any time, effective immediately when posted to the Sipify website. Customer’s use of the Sipify Services after changes to the AUP are posted to the Sipify website shall constitute acceptance of any changed or additional terms.

If you have a complaint about abuse or a breach of this AUP, please contact a Sipify representative.

If you violate these Terms, we may, consistent with the terms of our Agreement with you, stop providing Services to you or we may close your account. We may also block delivery of a communication to or from the Services in an effort to enforce these Terms.

When investigating alleged violations of these Terms, Sipify reserves the right to review any available content or other details relating to your communications in order to resolve the issue. But we cannot monitor the entire Services and make no attempt to do so.