1Acceptance of Terms

By accessing, registering for, or using any OTG Networks service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations.

If you do not agree to these terms, you must immediately discontinue use of all OTG Networks services.

2Service Description

OTG Networks provides cloud-based unified communications services, including:

• VoIP Telephony: Voice over Internet Protocol calling services with local and toll-free number provisioning
• Business Messaging: SMS, MMS, and digital fax capabilities
• Video Conferencing: Point-to-point and multi-party video communications
• Contact Center Solutions: Advanced call routing, queuing, and analytics for customer support operations
• CRM Integrations: Connectivity with third-party business software platforms
• Mobile & Desktop Applications: Native apps for iOS, Android, Windows, and macOS

3Subscription and Term

3.1 Subscription Plans

You are purchasing a subscription for the Services as specified in your Order. Subscription plans include:

• Monthly Subscriptions: Billed on a month-to-month basis with no long-term commitment
• Annual Subscriptions: Billed annually with discounted rates and a 12-month commitment
• Enterprise Agreements: Custom terms negotiated with our sales team

3.2 Initial Term and Renewal

You agree to use and pay for the Services for the entire Initial Term specified in your Order. Unless you provide notice of non-renewal at least 30 days prior to the end of the current term, your subscription will automatically renew for successive periods equal in length to the Initial Term.

3.3 Service Modifications

You may upgrade or downgrade your service plan at any time through the administrative portal. Upgrades take effect immediately; downgrades take effect at the start of your next billing cycle.

4Customer Obligations

4.1 Lawful Use

You agree, represent, and warrant that:

• You are the creator of, or have proper authorization for, all content transmitted through the Services
• You are solely responsible for determining the destination(s) and recipient(s) of all outbound communications
• All communications will be provided solely for lawful purposes
• You will comply with all applicable federal, state, and local laws and regulations

4.2 Regulatory Compliance

In no event shall any communication violate:

• The Telephone Consumer Protection Act (TCPA)
• The CAN-SPAM Act
• The Telemarketing Sales Rule (TSR)
• Any laws regarding unsolicited advertisements, telemarketing, or consumer protection
• GDPR, CCPA, or other applicable data privacy regulations

4.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying OTG Networks immediately of any unauthorized use
• Keeping your emergency address information current and accurate

5Billing and Payment

5.1 Payment Authorization

By providing a valid credit card, debit card, or ACH banking information, you expressly authorize OTG Networks to charge:

• Recurring subscription fees (monthly or annual as selected)
• Usage-based charges for toll-free minutes, international calls, and SMS messages
• Equipment fees for purchased or leased hardware
• Number porting fees
• Applicable federal, state, and local taxes and regulatory fees

5.2 Billing Cycle

Subscription fees are billed in advance at the beginning of each billing period. Usage-based charges are billed in arrears at the end of each billing period.

5.3 Failed Payments

If a payment fails, OTG Networks will attempt to process the payment up to three (3) times over a 10-day period. If payment cannot be collected, your service may be suspended or terminated.

5.4 Refund Policy

All purchases are final after 30 days. Refunds may be issued at OTG Networks' sole discretion for service outages exceeding our SLA commitments or in cases of billing errors.

6Acceptable Use Policy

You may not use the Services to:

• Transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Transmit material that infringes on the intellectual property rights of others
• Transmit unsolicited bulk email, SMS messages, or "spam"
• Engage in fraudulent activities, including but not limited to traffic pumping or toll fraud
• Attempt to gain unauthorized access to other computer systems, networks, or accounts
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Use automated systems to make calls or send messages without proper consent

6.1 Resale Prohibition

You may not sell, resell, sublicense, assign, or offer the Services on a service-bureau or time-sharing basis without an explicit certified partner agreement with OTG Networks.

7Intellectual Property

7.1 OTG Networks Property

The Services, including all software, applications, algorithms, user interfaces, designs, graphics, and trademarks, are owned by OTG Networks and protected by United States and international intellectual property laws.

7.2 Limited License

OTG Networks grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes in accordance with these Terms.

7.3 Customer Data

You retain all rights to data, content, and communications transmitted through the Services ("Customer Data"). You grant OTG Networks a limited license to host, store, and transmit Customer Data solely to provide the Services.

8Limitations of Liability and Liability Caps

8.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTG NETWORKS SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of goodwill
• Cost of substitute services

8.3 Liability Cap

Our aggregate liability for all claims arising from or related to the Services shall be capped at the amounts paid by you to OTG Networks in the twelve (12) months immediately preceding the incident giving rise to liability.

8.4 Exceptions to Liability Caps

The above liability caps WILL NOT APPLY TO:

• Fees owed by the Customer to OTG Networks
• Either party's liability for infringement of intellectual property rights
• Customer's liability resulting from use of the Services in breach of the Acceptable Use Policy
• Either party's liability resulting from gross negligence, fraud, or willful misconduct
• Death or personal injury caused by negligence

9Termination

9.1 Termination by Customer

You may cancel your subscription at any time through the administrative portal or by contacting customer support. Cancellation will take effect at the end of your current billing period. No refunds will be provided for partial months or unused services.

9.2 Termination by OTG Networks

OTG Networks may suspend or terminate your access to the Services immediately, without prior notice, for:

• Violation of these Terms of Service or the Acceptable Use Policy
• Non-payment of fees
• Fraudulent or illegal activity
• Behavior that threatens the security or integrity of our systems

9.3 Effect of Termination

Upon termination:

• Your access to the Services will be discontinued
• You will be responsible for all fees incurred through the termination date
• You may request export of your Customer Data within 30 days; after which it may be permanently deleted
• Any phone numbers assigned to your account may be released back to our inventory

10Changes to Terms

OTG Networks reserves the right to modify these Terms of Service at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Sending email notification to the primary account contact
• Displaying an in-app notification upon login

Continued use of the Services after the effective date of changes constitutes acceptance of the modified Terms.

11Contact Information

For questions regarding these Terms of Service, please contact: