VoIP Service Terms

The VoIP Service Terms (“VoIP Terms”) supplement the Weave Terms of Service (“Terms of Service”) and collectively govern your use of our Weave VoIP service (“VoIP Service” or “Weave Phones”).  These VoIP Terms and Terms of Service are hereinafter collectively referred to as the “Terms.” All capitalized terms used but not defined herein shall have the meanings set forth in the Terms of Service. To access and use the Weave Phones, the Subscriber and its end users of the Service must at all times agree to and abide by these Terms.

1. Weave VoIP Service.  The VoIP Service is an integrated Voice over Internet Protocol (“VoIP”) phone system designed to work with the Weave Software and your customer relationship management system to automate certain aspects of your Customer contact activities. The VoIP Service may include local and long-distance service. All of the VoIP Service’s features and settings are configured by Weave. Any and all features of the Weave Phones services are limited to Weave’s PBX, hosted on our servers.  If you purchase the VoIP Service, you are subject to and hereby acknowledge and agree to these VoIP Terms.
2. VoIP Phone Number.
   1. You agree to provide Weave permission to port your phone number to the Service. A new phone number can be issued by Weave, which will include a processing fee. Weave assumes no responsibility for any lost communication in the event of a transition between numbers to or from the Service and is under no obligation to find a like number, including area code, or notify Customers of the change.
   2. You may be able to port your current number to another service provider upon termination of service. If you cancel your VoIP Service prior to completion of the port, your VoIP Service will not work and your number may be immediately released and be unavailable for porting. Your account must be active and in good standing in order to port out your number. Weave assumes no responsibility for any lost communication in the event of a transition between numbers to or from the Service and is under no obligation to notify Customers of the change.
3. VoIP Protection.  You are solely responsible for securing access to your VoIP Service and you agree that you are responsible for all use(s) related to your VoIP Service. You agree that you are responsible for implementing generally accepted security measures to protect all access points, securing all credentials used to access the VoIP Service, including credentials used by telephones or softphones and credentials used by end users of the VoIP Service, including administrators. You are also solely responsible for terminating credentials and access for any end users of the VoIP Service no longer authorized by you to use the VoIP Service. You acknowledge that placing telephones on a publicly accessible internet protocol address or a publicly accessible network will subject you to a higher level of risk for fraudulent activity. You understand this means that you accept full liability and responsibility for your actions or the actions of anyone who uses the VoIP Service with or without your permission. If you have reason to believe that the VoIP Service is no longer secure (for example, any unauthorized, fraudulent, or prohibited use of the VoIP Service), you agree to immediately notify Weave. You may be liable for the losses incurred by Weave or others due to any unauthorized use of the VoIP Service:
   1. in the event that Weave discovers or has reason to believe suspicious or fraudulent calls are being made,
   2. calling patterns or volumes materially outside your regular usage patterns,
   3. other usage that is unauthorized or prohibited, and you consent to Weave taking actions it deems reasonably necessary (including temporary suspension of the affected service or blocking or limiting access to particular calling numbers or geographic areas), without prior notice, to prevent such calls from taking place, if such immediate suspension is required to protect Weave, its vendors, its other customers, the Service or other third parties; otherwise Weave may provide reasonable notice prior to suspension. You acknowledge and agree that Weave is under no obligation to do so, but:
      1. may upon request investigate the authenticity of calls charged to your account,
      2. may take action to prevent such calls from being made,
      3. is not liable for any fraudulent calls processed by Weave and billed to your account unless such calls are the result of Weave’s gross negligence or willful misconduct.
4. STIR/SHAKEN. Pursuant to the Federal Communications Commission’s rules regarding the STIR/SHAKEN standards, Weave is required to respond to traceback requests from the Industry Traceback Group. Accordingly, you agree to accept and comply with traceback actions implemented by Weave.
5. 9-1-1 Service. Weave’s VoIP Service allows you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services. Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through the VoIP Service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 9-1-1 emergency calls, and you hereby acknowledge and understand the differences between traditional 9-1-1 service and VoIP calls with respect to 9-1-1 calls placed to emergency services from your account as described below:
   3. Placing 9-1-1 calls. When you make a 9-1-1 emergency call, the VoIP Service will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record on your account. However, due to the limitations of the VoIP telephone services, your 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialing. For example, your call may be forwarded to a third-party specialized call center that handles emergency calls. This call center is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call center.
   4. How your information is provided. The VoIP Service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your account.  However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.
   5. Correctness of information. You are responsible for providing, maintaining, and updating correct contact information (including name, physical street address and telephone number) with your Account. If you do not correctly identify the actual location where you are located, or if your Account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site.
   6. Disconnections. You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.
   7. Connection time. For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.
   8. 9-1-1 calls may not function. For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:
      1. failure of service or your service access device - if your system access equipment fails or is not configured correctly, or if the VoIP Service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your account due to billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage;
      2. you may need to reset or reconfigure the system access equipment before being able to use the VoIP Service, including for 9-1-1 emergency calls;
      3. changing locations - if you move your system access equipment to a location other than that described in your Account information or otherwise on record with Weave.
   9. Alternate services. If you are not comfortable with the limitations of 9-1-1 emergency calls, Weave recommends that you terminate the VoIP Service or consider an alternate means for accessing traditional 9-1-1 emergency services.
   10. Inform other users. You are responsible for notifying, and you agree to notify, any user or potential users of the VoIP Service of the nature and limitations of 9-1-1 emergency calls on the VoIP Service as described herein.
6. Supplied Equipment.  New or reconditioned equipment that Weave or our agent provides or leases to you, including, but not limited to, VoIP telephones (“Supplied Equipment”) may be required to use the VoIP Service. You acknowledge that any addition to, removal of, or change to the Supplied Equipment may interrupt your VoIP Service. We do not represent that the Service will work correctly, or that all features will be available, if you access the Service using your own equipment or Retired Equipment.
   1. Leased Equipment. Unless you have purchased your Supplied Equipment, or we have deemed the Supplied Equipment as Retired, you acknowledge and agree that Supplied Equipment is Weave’s property (“Leased Equipment”) and that this Agreement allows you to use Supplied Equipment only in connection with your lawful receipt and use of the VoIP Service. Any monthly rental payments, periodic use payments, or similar arrangements related to Leased Equipment between you and Weave are not purchases of Leased Equipment. You may not assign, rent, or transfer Leased Equipment or your rights or duties under this Agreement to another without Weave’s prior written consent. Weave does not refund or credit leases. You agree not to mishandle, abuse, misuse, or improperly reconfigure, store, or operate Leased Equipment. Weave will repair and maintain Leased Equipment owned by us at our expense, unless such repair or maintenance is made necessary due to misuse, abuse, or intentional damage to the Leased Equipment. Weave may remove or change the Leased Equipment at our discretion at any time the VoIP Service is active or following the termination of your Services. Replacement Leased Equipment may or may not be the same model. Replacement Leased Equipment may or may not be reconditioned.  
      1. Return of Leased Equipment. Upon any termination of the VoIP Service, or upon the earlier request by Weave, Leased Equipment must be returned to Weave within ten (10) business days of such termination or request or you will incur additional charges. You are responsible for all costs of return shipping. If Subscriber refuses to return the Leased Equipment within ten (10) business days of the canceled date of the VoIP Service, Weave retains the right to bill Subscriber the full retail cost to replace the Leased Equipment (“Unreturned Equipment Fee”). Leased Equipment must be in working condition considering normal wear and tear. If not, Weave retains the right to bill Subscriber applicable fees for lost or damaged Leased Equipment. For avoidance of doubt, Leased Equipment remains Weave-owned equipment, and Weave retains title to all Leased Equipment, at all times, including but not limited to after payment of an Unreturned Equipment Fee. The payment of an Unreturned Equipment Fee shall not result in a sale of, or the transfer of title to, any Leased Equipment, and such Leased Equipment shall remain the property of Weave. Weave in no way relinquishes ownership of (including title to) Leased Equipment by the payment of an Unreturned Equipment Fee. Even if an Unreturned Equipment Fee has been paid, Leased Equipment shall not be resold, used, or operated in any manner. If you pay an Unreturned Equipment Fee and subsequently return the Leased Equipment undamaged (with the exception of normal wear and tear), you will be refunded your Unreturned Equipment Fee in full.
   2. Retired Equipment. “Retired Equipment” means any Supplied Equipment that may no longer be subject to return to Weave or to Unreturned Equipment Charges. A list of Retired devices and additional details can be found at https://www.weavehelp.com/hc/en-us/articles/4407226510491-Retired-Equipment. Weave may modify this list at any time. Subscriber bears all risk of loss of, theft of, casualty to or damage to the Retired Equipment. If you continue to use Supplied Equipment after Weave designates it as Retired, you may not receive software-based feature and security updates, which may impair the delivery of the Services and functionality of the Retired Equipment. Weave may provide limited or no support for Retired Equipment.
   3. Purchased Equipment. If you have purchased your Supplied Equipment, the Supplied Equipment is the sole property of the Subscriber (“Purchased Equipment”). Subscriber is deemed the owner of Purchased Equipment, and bears all risk of loss of, theft of, casualty to or damage to the Purchased Equipment.
      1. Purchased Equipment Return Policy. Purchased Equipment may be returned to Weave as set forth below. This return policy does not apply to Leased Equipment. This policy does not limit or supersede existing manufacturers’ warranties. You may return any Purchased Equipment for any reason within fourteen (14) days of purchase. You may return any defective equipment upon notice to Weave within one (1) year of purchase. If you return Purchased Equipment, we may replace it with a new or reconditioned item, or we may refund payment for Purchased Equipment. Replacement Purchased Equipment may or may not be the same model. This return policy will not apply in the following circumstances:
         1. You are more than thirty (30) days past due on any of your payment obligations in connection with the Service.
         2. You alter, repair, or improperly handle the Purchased Equipment.
         3. There is damage or other equipment failure where you do not maintain the Purchased Equipment according to the owner's manual; or you improperly store, reconfigure, or operate the Purchased Equipment.
         4. Equipment is abused, vandalized, stolen, damaged by fire, water, wind, freezing, power failure, inadequate power supply, unusual atmospheric conditions, acts of God or other Force Majeure events.
         5. The Purchased Equipment has been deemed Retired subject to Section 6.2.
         6. You use the Equipment in a manner inconsistent with its design, the owner’s manual, if any, or the way the manufacturer intended the equipment to be used.
         7. The Equipment runs any software not provided by Weave or its immediate partners.
   4. For all Supplied Equipment, applicable taxes and surcharges may apply.
   5. For the avoidance of doubt, Weave assumes no responsibility or liability surrounding the operation of, or your use of, any Supplied Equipment.
7. Disclaimer; Indemnification. 
   1. Your use, and use by your end users, guests and other third parties, of Weave Phones service for 9-1-1 emergency calls are subject to the limitations described herein. Weave is not responsible for the availability of any features that depend on whether local emergency response centers support such features, or any other factors outside of Weave’s control. Weave relies on qualified third parties to assist us in routing 9-1-1 emergency calls to emergency response centers. Weave does not have control over emergency response centers or any third parties, any emergency responders dispatched by an emergency response center, or other third parties and hereby disclaims liability for the conduct of any of the foregoing. To the extent permitted by Applicable Law, you hereby release, discharge, and hold harmless Weave from and against any and all liability relating to or arising from any acts or omissions of such third parties or other third parties involved in the handling of or response to any emergency or 9-1-1 emergency services.
   2. Without limiting the Terms of Service, you agree to defend, indemnify and hold harmless Weave and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or related to:
      1. Subscriber’s or its end users’ failure to provide Weave accurate, current, complete and true information, including physical addresses;
      2. Subscriber’s or its end users’ failure to notify any person who may place calls using the VoIP Service of the 9-1-1 emergency calls limitations;
      3. Inability of any end user, guest or other third party using the VoIP Service to be able to dial 9-1-1 or access emergency service personnel for any reason. You shall not, without the prior written consent of Weave, compromise or consent to the entry of any judgment with respect to any pending or threatened claim described herein unless the settlement, compromise or consent provides for and includes an express, unconditional release of such claim against Weave and does not otherwise require Weave to take any action or make any payment thereunder.
8. Term and Termination.  The term of these VoIP Service Terms commences upon the date you sign up for the VoIP Service and shall remain in effect on a month-to-month basis, or as otherwise stated on the Order, until you cancel the VoIP Service by notifying Weave or you or Weave terminate the Terms of Service in accordance with the terms thereof, in each case, subject to Section 9.6 of the Terms of Service.
9. Ratification. By accessing or otherwise using the VoIP Service, you expressly acknowledge and agree to these VoIP Terms in addition to the Weave Terms of Service.