Essential Terms and Policies for TelOnline Customers and Partners

Review the essential terms and policies that apply to TelOnline customers and partners. For your convenience, here are the key agreements for our customers:

1.0 Services
1.1 Component of Agreement
These “Terms of Use” are part of the agreement between you (“you” or the “Customer”) and TELONLINE, LLC (“TelOnline”) and contain some of the terms and conditions for your use of, as applicable, TelOnline’s website (https://www.telonline.com, or “Website”), the TelOnline “mobile app,” the TelOnline messaging service (collectively, with TelOnline’s Website, Twixtext’website and mobile app, the “Platform”) and any other current or future TelOnline products and services (collectively, the “Services”). This agreement also includes TelOnline’s Acceptable Use Policy (“AUP”), Anti-Spam Policy, Privacy Policy, AI Features Addendum, and Autopay Authorization (collectively, the “Agreement”). Current versions of TelOnline’s Terms of Use, AUP, Anti-Spam Policy, Privacy Policy, AI Features Addendum, and AutoPay Authorization can be accessed by clicking on this hyperlink: TelOnline.com/legal. TelOnline may revise and update its Terms of Use and the content on the Website from time-to-time. All changes are effective immediately when posted on TelOnline’s Website and apply to all access to and use of the Platform and the Services thereafter. TelOnline also reserves the right to withdraw or amend the Platform, and any Service, in TelOnline’s discretion and without notice. Certain material on the Platform may become out of date at any given time, and TelOnline is under no obligation to update such material. Your continued use of the Platform and the Services following the posting of revised terms means that you accept and agree to all changes. If at any time you find the Agreement unacceptable, you agree to immediately leave the Platform and cease all use of the Services. If there is a conflict or discrepancy between any aspect of TelOnline’s Agreement and any communications by one of TelOnline’s employees, either verbally or in writing, the Agreement will govern. Services can only be accessed by persons physically located in the United States.

1.2 Acceptance of the Agreement and Acknowledgement of Fees
By (i) accessing the Platform, (ii) using the Services, (iii) signing a sales order form, or (iv) acknowledging these Terms of Use, you agree you have read and understood this Agreement and agree to: (i) comply with all terms and conditions of the Agreement and (ii) pay all fees and charges for the Services, as shown in the plan you selected when you signed up for the Services, in your quote and/or in the account plan and billing page available when you log in, as may be adjusted in accordance with the Terms of Use, from the effective date of your account to the date of termination of the account and you agree that the Agreement will apply to your account and your use of the Services. You agree that TelOnline’s records demonstrating your acceptance of TelOnline’s fees by any of the foregoing means will be dispositive in any fee dispute. It is your responsibility to acquire prior to the commencement of the Agreement and at your expense, any technology (e.g., computers and software) required or desirable to access and use the Platform and Services. YOUR USE OF THE PLATFORM AND/OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH THE AGREEMENT.

1.3 Account Opening
You agree that you are providing true, accurate, current, and complete information regarding your identity, contact information, intended use of the Services, and all other information you provide TelOnline when creating your TelOnline account and using the Services. You also agree to update your account information promptly, no later than five business days, and as necessary, to keep it current and accurate. TelOnline reserves the right to obtain, verify, and record information that identifies each person or entity that opens an account. If you open an account, TelOnline may ask for your name, address, taxpayer identification number, and other information that will allow us to identify you and/or your beneficial owner(s). Additionally, TelOnline may take certain steps to verify your identity and/or the identity of your beneficial owner(s).

1.3.1 Account Usernames
TelOnline reserves the right to disallow, cancel, remove, or reassign certain usernames in appropriate circumstances, as determined by TelOnline in its discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on your account which in TelOnline’s discretion would or might constitute a violation of this Agreement, cause damage to or impair the Platform or Services, infringe or violate any third-party rights, damage TelOnline’s reputation, or violate any applicable laws or regulations or the Guidelines, defined below. You acknowledge that your account is personal to you and agree not to provide any other person with access to your account using your username, password, or other security information. You are responsible for any liability arising from use of your account, username, password or security information. You may be liable for any losses incurred by TelOnline, its officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach or misuse of TelOnline’s Platform or Services. You agree not to use the account, username, or password of someone else at any time.

1.4 Commencement of Services
Your account will be deemed active and payment therefor will commence when you first receive access to the Platform, although your payment obligations may be subject to a delay for “trial” periods as set forth in Section 9.4. All fees are deemed earned on the first day of each billing cycle. Your ability to access the Platform as demonstrated by TelOnline’s records constitutes proof of delivery of TelOnline’s Services. All fees are payable and deemed earned on the first day of each billing period.

1.5 Account Statements
Upon receipt of your monthly or periodic statement (which may include a record of transactions), you will exercise reasonable care and promptness in examining the statement. Customer shall notify TelOnline of any good faith billing disputes within sixty (60) days of Customer’s receipt of any invoice being disputed. Customer’s notice shall be sent to accounting@TelOnline.com and shall include a written explanation and accounting sufficiently detailed and substantiated to enable TelOnline to investigate Customer’s billing dispute. Pending the parties’ good faith efforts to resolve any such dispute, Customer agrees to pay all undisputed amounts.

1.6 Account Security
You are responsible for the security of your access credentials and all activities that occur through the use of your access credentials. The following Security Procedures are offered by TelOnline to each Customer for the purpose of accessing the Platform or Services by authorized account users. The Security Procedures are not used to detect an error in the use of the Platform or Services.

1.6.1 Level One Security Procedures
The Website and mobile app are TelOnline’s secured delivery channels. TelOnline’s encryption systems encipher information transmitted from the customer’s computer to us. In general, the procedure includes access controls such as an identification code and a confidential password that allows the Customer to access the Platform and also includes encryption during the process of transmitting data to TelOnline. TelOnline may require other authentication to access the Platform. By using the Level One Security Procedures, you have accepted as commercially reasonable pursuant to Section 4A-202(c) of the New York Uniform Commercial Code that security procedure as described above or as modified from time to time by us. The Level One Security Procedure will be used for the purpose of verifying that a person is authorized to access your account, utilize the Services and accrue fees on your behalf.

1.6.2 Level Two Security Procedures
Level Two Security Procedures to access a Customer account may be agreed between eligible Customers and TelOnline and will involve the use of a call-back procedure and/or the use of an identification code by the Customer (or their authorized users). Call Back Security Procedures may be used for the purpose of verifying that a user is authorized to access the Customer account. Notwithstanding the foregoing, Customer acknowledges that TelOnline may require two factor authentication for Customer’s use of the Services.

1.6.3
Whenever a TelOnline Security Procedure is used to access your account, you agree to be bound by and pay any TelOnline Service fees incurred, whether or not authorized by you. TelOnline will not be liable for any loss or damage arising from use of your log-in credentials. You agree to notify TelOnline immediately at support@TelOnline.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. Each authorized user will have his or her own user id and password. Sharing of such access information is a primary contributor to unauthorized use. In the event of unauthorized access to your account, TelOnline will assist you to change your access credentials. In order to induce TelOnline to honor your access to the Platform and requests for Services, you hereby agree to indemnify and hold TelOnline, its successors, assigns, directors, officers, employees and agents harmless for all losses, costs, damages, expenses (including attorney’s fees) and liability for any claim or demand occasioned by or action brought by virtue of any misconduct, negligence, action or omission on the part of any individual who has been listed as a person authorized to act on your behalf in any document or communication provided by you or anyone purporting to act on your behalf to TelOnline.

1.7 Reimbursement of TelOnline in the Event of a Dispute
You agree to be liable to TelOnline for any losses, costs, or expenses (including, without limitation, attorney’s fees and court costs) TelOnline incurs as a result of any dispute involving your account or use of the Services. In addition to any other rights that TelOnline may have in law or equity, you authorize TelOnline to charge any such losses, costs, or expenses to your account and your credit card without prior notice to you. This obligation includes without limitation disputes between you and TelOnline involving the account and situations where TelOnline becomes involved in disputes between you and an authorized person, or a third-party relating to claims of intellectual property infringement or any alleged violation of this Agreement, including its AUP or Anti-Spam Policy (see Section 3.4).

1.8 Account Termination
In all cases, account fees and charges are deemed earned and payable to TelOnline through the end of the billing cycle in which termination occurs. Below is a non-exhaustive list of reasons why TelOnline may in its discretion terminate your account. If:

1.8.1
A significant number of messages sent to the mobile numbers you provide are returned as undeliverable, then TelOnline may in its discretion terminate your account immediately without notice to you and without any liability to you or any third party.

1.8.2
Your conduct is in breach of the Agreement, including its AUP or Anti-Spam Policy;

1.8.3
You distribute any Prohibited Content (defined in Section 3.2);

1.8.4
Your Content contains any Malicious Code (defined in Section 3.3);

1.8.5
You have been found to be a “repeat infringer” of intellectual property rights (defined in Section 3.4.1); or

1.8.6
You allow unauthorized access to the Services.

1.9 Service Level and Third Party Reliance
Uptime for the Platform is 99.9%, excluding planned maintenance, emergency downtime, and any Force Majeure Event. TelOnline may provide and/or designate certain third parties to provide ancillary services in connection with the Platform or the Services, and/or links to the websites or products or services of others (“Third-Party Services”). For example, eligible customers can subscribe to an optional call-forwarding feature, subject to the terms and conditions agreed upon when engaging that optional feature, provided by the underlying voice service provider, Twilio, Inc. or its affiliate, that is solely capable of receiving voice calls to your TelOnline-assigned, messaging-related phone number and forwarding such calls to your third-party, pre-designated, U.S.-destination phone number of choice, and thus does not include connections to any emergency services, such as 911, or outbound voice service. TelOnline has no control over, and no liability for any such Third-Party Services. Any such designations do not constitute an endorsement by TelOnline of such Third-Party Services, or the products, or services of such third parties. These third parties operate independently of TelOnline and have established their own terms and conditions and policies. Customer acknowledges and agrees that TelOnline is not responsible for any damages or losses caused or alleged from using any Third-Party Services.

2.0 Mobile Terms of Service
2.1 Sending Phone Numbers
Your initial sending phone number(s) will be set forth in your plan. You can request a new number or additional numbers through your account. For all questions about the Services provided in connection with such number(s), you can send an email to support@TelOnline.com. You acknowledge that prior to your use of the Services, such number(s) and your proposed campaign or use-case(s) must be approved by the carriers.

2.2 Carrier Charges
You must communicate to any recipient of your messages that standard message and data rates may apply to any recipient sending or receiving SMS, MMS, RCS and other messages as required by any applicable Guidelines, defined below in Section 2.7.

2.3 STOP
You must communicate to any recipient of your messages that the recipient can cancel receipt of the messages at any time by texting “STOP” to the originating telephone number or shortcode. You must conspicuously notify your recipients of these procedures as required by any applicable Guidelines, defined below in Section 2.7.

2.4 HELP
After a recipient sends the message “HELP” to your sending number, the Platform will send an automated response with instructions about the messaging program they are opted into, how to obtain further information (this will be the email address you provided at sign up), as well as how to unsubscribe. You must conspicuously notify your recipients of these procedures, including the procedure to opt out of receiving future messages, as required by any applicable Guidelines, defined below in Section 2.7.

2.5 Coverage
TelOnline reserves the right to increase or decrease the carriers used in providing the Services. TelOnline currently supports only coverage in the United States.

2.6 Support
Customer and Technical Support for the Platform and Services may be contacted during TelOnline’s normal business hours. Consult TelOnline’s Website for support hours. TelOnline support staff will respond to messages received on holidays or outside normal business hours on the following business day.

2.7 Incorporation of Carrier, CTIA and Other Guidelines and Applicable Law
You agree to use the TelOnline Services strictly in accordance with this Agreement and (i) the guidelines of the Cellular Telecommunications Industry Association (“CTIA”), including without limitation “Best Practices,” which is currently available at https://api.ctia.org/wp-content/uploads/2023/05/230523-CTIA-Messaging-Principles-and-Best-Practices-FINAL.pdf, and the “Short Code Monitoring Handbook” which can currently found at CTIA and The Campaign Registry 10DLC campaign rules and guidelines, including complete and accurate submissions to it and any of its Vetting Partners (either directly or through us on your behalf), (ii) the Telephone Consumer Protection Act of 1991 and the Federal Communications Commission’s implementing regulations, rules, and orders, including at 47 C.F.R. § 64.1200, (iii) the Canada Wireless Telecommunications Association Guidelines, (iv) the cellular carrier guidelines, and (v) the applicable rules, regulations and laws, including any laws in relation to the content and nature of any advertising or marketing, (such as the Endorsement and Testimonial Guidelines published by the United States Federal Trade Commission (FTC) and the FTC’s Telemarketing Sales Rule, 16 C.F.R. § 310 et seq.), as any of them may be updated, amended or replaced from time-to-time (collectively, the “Guidelines”). TelOnline is not responsible for the content of the Guidelines.

2.8 Campaign Representations, including 100% Opt-In
By using the Service, you represent that (i) Your usage and Content, defined below, is in compliance with the Guidelines, including all applicable laws, and (ii) that TelOnline’s transmission or delivery of messages to the numbers provided will not violate the Guidelines, including any applicable law. You represent and warrant that all mobile numbers you provide to TelOnline in connection with your use of the Services are and will be 100% “opt-in”, such that all recipients of your messages sent using the TelOnline Services, including all SMS, shortcode, MMS, RCS and other messages, have affirmatively consented to receive messages from you in compliance with all applicable laws and Guidelines, including, without limitation, any state or federal laws that require you to have each message recipient’s prior express written consent, prior express invitation or permission, or any other form of written consent, to send them any given message. You agree to provide upon TelOnline’s request a detailed written explanation of the method of collecting phone numbers and opt-ins, and a guarantee signed by an officer of your company, that holders of all mobile numbers on your message recipient list have agreed to receive messages from you. TelOnline may, in its sole discretion, suspend or cancel your account if it reasonably suspects that any holders of mobile numbers on your list have not opted in to receive your messages in the manner set forth above, and TelOnline reserves the right to take any other action it deems appropriate to assess your compliance with this representation and warranty.

2.9 Refuse Your Content
TelOnline may refuse, suspend, terminate any communications, campaign, text program or account that, in its opinion or that of a carrier, aggregator, or regulator who provides such opinion to TelOnline, is not in compliance with the then-current Guidelines, including any applicable law.

2.10 Granting TelOnline Permission to Encode Your Content
You hereby grant TelOnline permission to 1) encode Your Content into other formats, 2) store, process and transmit it via third parties to mobile devices and, optionally, any other devices and means of viewing agreed upon by you and TelOnline, but in all events you are solely responsible for the content of your messages.

2.11 External Sites
The Platform or Services may contain links to other websites or other online properties that are not owned or controlled by TelOnline (collectively, “External Sites”). The content of External Sites is not developed or provided by TelOnline. TelOnline is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on External Sites. You should contact the site administrator or webmaster for External Sites if you have any concerns regarding content located on those External Sites. You should take precautions when downloading files from all websites to protect your devices from viruses and other destructive programs. If you decide to access any External Sites, then you do so at your own risk. Further, you will be solely responsible for compliance with any terms of service or similar terms imposed by any External Site in connection with your use of External Sites.

3.0 Content
3.1 Content Defined
The term “Your Content” refers to the data you are asking TelOnline to store, process, deliver or transmit to your message recipients. You represent the following:

3.1.1 Permission to Use Your Content
You own and/or have licensed all rights and necessary clearances to distribute Your Content to mobile devices. You covenant that Your Content does not violate the rights of any third party including, without limitation, intellectual property rights, trade secret rights and privacy rights, or similar rights.

3.1.2 Carriers and Aggregators
Your Content is consistent with standards imposed by mobile carriers and aggregators; specifically, Your Content is not libelous, defamatory, inaccurate, sexually explicit, unlawful, obscene, false, misleading, racially or ethnically offensive, or objectionable.

3.1.3 Guidelines
You represent and covenant that Your Content adheres and while using the Platform and Services will adhere to the current Guidelines.

3.1.4 No Violations
Your Content (including storage, processing, delivery, and transmission of Your Content) does not violate any laws or regulations in the United States, your home jurisdiction(s), or any other jurisdiction where Your Content is stored, processed, delivered, or transmitted.

3.2 Prohibited Content
TelOnline prohibits the use of its Platform and Services for certain types of text programs and content (“Prohibited Content”). Unless otherwise allowed by TelOnline, Prohibited Content includes but is not limited to the following: content dealing with sex, hate and discriminatory speech, alcohol, firearms, tobacco, vaping, CBD products, illegal drugs, depictions or endorsements of violence, adult or otherwise inappropriate content, profanity, loans, payday loans, short-term loans, mortgage loans, student loans, debt, debt relief, debt consolidation, debt reduction, credit, credit repair, taxes, tax relief, work-from-home opportunities, and medication. TelOnline reserves the right, in its reasonable discretion, to determine Prohibited Content on a case-by-case basis. You represent and covenant that Your Content does not and will not include Prohibited Content. The mere fact that TelOnline has previously conveyed Your Content through the Services does not constitute TelOnline’s agreement that Your Content is allowed on the Platform or TelOnline’s agreement to communicate through the Services Your Content in the future. If Your Content relates to Prohibited Content you may not use the Services without TelOnline’s prior written consent, which TelOnline may or may not grant in its sole discretion. TelOnline reserves the right to refuse, suspend, or terminate Services or any campaign, text program or account at any time and without warning that, in TelOnline’s sole discretion, relates to any Prohibited Content or other content deemed unacceptable by TelOnline, in its reasonable discretion. Further, if any carrier, regulator, the CTIA or similar body objects to Your Content, TelOnline reserves the right to suspend or terminate provision of the Services to you, even if TelOnline had previously agreed to allow that content.

3.3 Viruses
You represent, warrant and covenant that Your Content does not and will not contain any Malicious Code. “Malicious Code” means computer software, code, or other instructions intended to gain or facilitate unauthorized access to, prevent authorized access to, damage, disable, or degrade the performance of, computer systems or data. Without limitation, the term includes, to the extent meeting the foregoing definition, software, code, or instructions commonly referred to as “viruses,” “worms,” “Trojan horses,” “malware,” and “spyware.”

3.4 Third Party Intellectual Infringement Policy
3.4.1 Policy
TelOnline’s intellectual property policy is to remove or disable access to material that (i) TelOnline believes in good faith, or (ii) upon notice from an intellectual property owner or his or her agent, in either case is infringing the intellectual property of a third party by being made available on the Platform or through the Service. TelOnline considers a “repeat infringer” to be any user that has uploaded content to the Platform or Services and for whom TelOnline has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such content. TelOnline has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon TelOnline’s own determination.

3.4.2 Procedure for Reporting Claimed Infringement
If you believe that any content made available on or through the Platform or Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by TelOnline with the user alleged to have infringed a right you own or control, and you hereby consent to TelOnline making such disclosure. Your communication must include substantially the following:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

identification of copyrighted works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;

identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TelOnline to locate the material;

information reasonably sufficient to permit TelOnline to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3.4.3 Designated Agent Contact Information
TelOnline’s designated agent for receipt of Notifications of Claimed Infringement (“Designated Agent”) can be contacted Via E-mail at: support@TelOnline.com

3.4.4 Counter Notification
If you receive a notification from TelOnline that material you made available on the Platform or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to dispute such claim by providing TelOnline with a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to TelOnline’s Designated Agent through one of the methods identified in Section 3.4.2 above and include substantially the following information:

your physical or electronic signature;

identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which TelOnline may be found, and you will accept service of process from the person who provided notification in accordance with Section 3.4.2 above or an agent of such person.

3.4.5 Reposting of Content Subject to a Counter Notification
If you submit a Counter Notification to TelOnline in response to a Notification of Claimed Infringement, then TelOnline will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that TelOnline will replace the removed User Content or cease disabling access to it in 10 business days, and TelOnline will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless TelOnline’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on TelOnline’s system or network.

3.5 Revising Your Content To Comply
If for any reason TelOnline deletes or refuses to transmit any of Your Content pursuant to this Section 3, TelOnline may in its discretion contact you to inform you of the issue and allow you to revise Your Content to comply with this Agreement and applicable law and permit you to complete the campaign.

4.0 Force Majeure
4.1 General
Excluding payment obligations, neither party will be liable to the other for default or delay of obligations under the terms outlined in this document if any such default or delay results from conditions beyond the reasonable control of either party (“Force Majeure Event”). Those conditions include, but are not limited to, earthquakes, weather, flood, fire, flood, explosions, accident, telecommunications line failures, power outages, network failures, acts of God, riots, acts of war, acts of governments, strikes, labor disputes, trade disputes, technical failures, unavailability of the Internet, and failure of external suppliers, such as, but not limited to, intermediary aggregators between TelOnline and mobile carriers, mobile carriers themselves, server hosting companies, Internet service providers, and others. If TelOnline suffers a Force Majeure Event, it will make reasonable efforts within five (5) business days to recommend a substitute transmission path or other possible work-around for the original transmission that was prevented because of such Force Majeure Event. If the Client is not reasonably satisfied with such substitute transmission, TelOnline will allow Client a prorated reduction in fees for the Services which could not be delivered due to a Forced Majeure Event. In no event will TelOnline bear any liability for any disruption in the Services caused by a Force Majeure Event.

4.2 Payment
In no event will a Force Majeure Event excuse you from paying for Services provided by TelOnline. A Force Majeure Event will not relieve you of any financial obligations not affected by the Force Majeure Event.

4.3 Cancellation
Either party may cancel the remainder of Service without damages in the event that a Force Majeure Event continues for fifteen (15) consecutive business days.

5.0 Term and Termination
5.1 Term
Unless otherwise set forth in a sales order form issued by TelOnline (“Sales Order Form”), or the plan in which you have enrolled, the initial term (“Initial Term”) of this Agreement will be monthly. Thereafter, unless otherwise agreed in writing, the Agreement will automatically renew for terms equal in length to the Initial Term (each a “Renewal Term”). The Initial Term collectively with the Renewal Terms are the “Term.”

5.2 No Refund for Termination
You may terminate this Agreement at any time by providing prior written email notice to TelOnline at support@TelOnline.com or following the other procedures set forth in your account prior to the expiration of the then current Term, and such termination shall be effective upon the expiration of your then-current Term. You shall be entitled to no refund for any amounts due or paid to TelOnline prior to the effective date of such termination. If you do not terminate this Agreement prior to the expiration of the Initial Term or the applicable Renewal Term, you will be enrolled in, invoiced for and must pay for the following Renewal Term.

5.3 Termination for Default
TelOnline may suspend, cancel or terminate the Service if you do not timely pay for the Service. If this occurs, TelOnline may send you a “Payment Failure” notice by email, text or otherwise. If the Service has not already been suspended, cancelled or terminated, your Service will be suspended, cancelled or terminated if payment is not received within 14 days of the date when the first notice was sent. Despite any termination notice, you remain responsible to pay for the applicable Term for which you were enrolled.

5.4 Effect of Termination
Sections 1.1-1.8, 2.7, 2.8, 4, 6-8, 9.2-9.3, and 10-13, and any other provisions herein that, by their nature, should survive any expiration or termination of this Agreement, will survive any expiration or termination of this Agreement.

5.5 Liquidated Damages
TelOnline will charge you and you will promptly pay TelOnline for fees or fines resulting from “Violations” (defined below) if you or Your Content causes TelOnline to be fined by a supplier, cellular carrier or aggregator. Such fines may result from phishing, simulated phishing (e.g. for security testing or similar purposes), smishing, social engineering, or any technique used to manipulate someone into sharing private information such as passwords or credit card numbers or sending content that is not legal in the United States. “Violations” also includes any alleged breach of this Agreement or violations of the Guidelines, including applicable law or the policies of any of TelOnline’s mobile carriers or aggregators or your use of the Platform or Services.

6.0 Indemnification
You will defend, indemnify and hold TelOnline and its owners, principals, members, employees, and affiliates harmless from and against any losses, damages, liability, obligations, judgments, payments of interest, penalties, amounts paid in settlement, deficiencies, damages, injuries (including death), costs or expenses (including reasonable legal fees, court costs, costs of experts and disbursements) arising from or relating to any claims, actions, or other proceedings brought by or on behalf of any third party if that claim relates to or results, in whole or in part, from 1) your alleged breach of this Agreement, 2) your acts or omissions in connection with any Service offered by TelOnline, 3) your use of the Services or Your Content, or 4) transmission of Your Content through the Services. Customer’s indemnification obligations under this Section 6 shall apply regardless of who may be at fault or otherwise responsible under any statute, rule, or theory of law, including but not limited to theories of strict liability, including, but not limited to, claims relating to the Telephone Consumer Protection Act or similar state and federal laws, and even though the subject loss, damage, or injury may have been caused in whole or in part by the concurrent, active, or passive negligence of TelOnline or a defect in the Services. In the event of any such claim, TelOnline will promptly notify you of the claim and permit you, through mutually agreed-upon counsel, to answer and defend. TelOnline may, at its expense, participate in the defense with separate counsel. You will not settle any claim under this Section 6 without TelOnline’s written consent, which will not be unreasonably withheld. You will not publicize any settlement without TelOnline’s prior written consent, in TelOnline’s sole discretion. You will not stipulate, admit, or acknowledge any fault or liability on the part of TelOnline without its prior written consent, in its sole discretion.

You hereby give TelOnline a continuing lien on any account or other personal property of yours. This lien will be in the amount of any and all liabilities and obligations that you may owe to TelOnline whether such liabilities and obligations exist now or are incurred in the future. You agree that TelOnline may charge your card on file or collect by any means available under any applicable law and may sell your personal property which is not an account, by public or private sale at its discretion, and use the proceeds of such sale to satisfy such liabilities or obligations whether or not such liabilities or obligations are then in default or subject to a contingency to the fullest extent permitted by applicable law.

7.0 Privacy and Confidentiality
7.1 Privacy Policy Incorporated
Your private information will be collected, stored, processed, transmitted, and otherwise handled in accordance with TelOnline’s “Privacy Policy” accessible by clicking this link. The Privacy Policy is incorporated into this Agreement as if wholly set forth herein.

7.2 Service Provider
You agree that (1) you and not TelOnline are responsible for complying with the California Consumer Privacy Act of 2018 (Cal. Civ. Code § 1798.100 et seq.) (“CCPA”) and similar laws; (2) TelOnline is a “service provider” under CCPA and processes Personal Information on your behalf, acting under your direction when you disclose to TelOnline Personal Information of consumers who are your communication recipients; and (3) you are not subject to General Data Protection Regulation or any similar law or regulation that prohibits collection, distribution, processing and storage of the data you provide TelOnline as contemplated under this Agreement. With respect to the CCPA, TelOnline and you hereby agree that TelOnline is a service provider to you with respect to Personal Information. TelOnline is prohibited from (a) selling any Personal Information, and (b) retaining, using, or disclosing Personal Information for any purpose other than for the specific purpose of performing the Services, which, for the avoidance of doubt, also prohibits TelOnline from retaining, using, or disclosing Personal Information outside of its direct business relationship with you or for any other commercial purpose; provided, however, that TelOnline and you agree that TelOnline may use Personal Information as permitted by the CCPA. ”Personal Information” means any information that TelOnline has collected, accessed, received, used, disclosed, stored, transmitted, retained or otherwise processed on behalf of you pursuant to TelOnline’s provision of Services to you under this Agreement and that constitutes “personal information,” under the CCPA. To the extent you cannot use the Services or Platform to directly perform such actions and provide such information, TelOnline will promptly take actions and provide information as you may request to help you fulfill requests of consumers to exercise their rights under the CCPA, including, without limitation, verifiable consumer requests to access, delete, opt out of the sale of, or receive information about the processing of, Personal Information pertaining to them. This assistance will be provided to you at TelOnline’s then-current fees.

7.3 Confidentiality
“Confidential Information” means all tangible, oral, electronic, and visual information (i) that is designated as “proprietary” or “confidential” or by similar words by the disclosing party at the time of disclosure and that, if tangible is marked as such and if oral or visual is confirmed as such by the disclosing party in a writing delivered to the receiving party within fifteen (15) days after disclosure, or (ii) that the receiving party should have reasonably considered to be confidential under the circumstances surrounding disclosure. Each party agrees it will not disclose any such Confidential Information of the other party to any third party for the longer of, as to each item of Confidential Information, (i) three years after the termination of this Agreement, or (ii) for so long as such item remains a trade secret (as that term is defined in the Uniform Trade Secrets Act) of the party. Each party will take precautions against disclosure to third parties of Confidential Information that are at least as great as the precautions it takes to protect its own confidential information of a similar nature, but in no case less than reasonable precautions.

7.3.1
Confidential Information will not include any information that; (i) was previously known to the receiving party independently of the relationship formed by this Agreement; (ii) is received from a third party without similar restriction of confidentiality; (iii) is or becomes publicly available by other than unauthorized disclosure hereunder; (iv) is independently developed by the receiving party without the use of the other party’s Confidential Information; (v) is approved for release by written authorization of the disclosing party; or (vi) is required to be disclosed by any court order or rule of law, provided that the party of whom disclosure is required will provide to the extent legally permissible the other party as much notice as is commercially practicable under the circumstances and provide to the other party, at the other party’s expense, such assistance and information as the other party reasonably requests.

7.3.2
A receiving party may disclose the disclosing party’s Confidential Information to its employees and agents (“Representatives”) who (i) need to know such information for the purposes of this Agreement, and (ii) who are under a confidentiality requirement no less stringent than the one provided herein. Notwithstanding the foregoing, the receiving party will be liable for any defalcation by its Representatives.

7.3.3
TelOnline will use and disclose your customer information in connection with the following purposes: (a) for the provision of services and to manage, administer or effect any transmissions that you request or authorize, (b) meeting compliance obligations (including compliance with law, international guidance and internal policies and procedures), (c) collecting any amounts due from you, (d) conducting credit checks, (e) enforcing or defending TelOnline’s rights, (f) for TelOnline’s internal operational requirements, and (g) maintaining TelOnline’s overall relationship with you. By establishing and maintaining an account with TelOnline and using the Platform or Services, you agree that TelOnline may also, as necessary and appropriate, transfer and disclose any Customer information to the following recipients: (a) any sub-contractors, agents, service providers, or associates of TelOnline (including their employees, directors and officers); (b) in response to any requests from any governmental authorities; and (c) persons acting on behalf of the Customer.

7.3.4
Each receiving party recognizes that the release of the disclosing party’s Confidential Information may result in irreparable harm for which monetary damages alone may not be sufficient. Therefore, in addition to any other remedy to which it may be entitled in law or in equity, the disclosing party will be entitled to an injunction, without surety or bond, to prevent breaches of this Agreement and/or to compel specific performance of the confidentiality requirements herein.

7.3.5
Notwithstanding anything to the contrary herein, TelOnline will be free to use, in future services engagements and otherwise, residual information (information in non-tangible form that may be inadvertently retained by persons performing services hereunder). The Customer acknowledges and agrees that TelOnline is in the business of disseminating information by electronic means and that TelOnline (i) may now or in the future be in possession of confidential information of the Customer’s competitors that may be similar to the Customer’s Confidential Information, (ii) may enter into a transaction with a company other than the Customer (an “Other Customer”) based on such similar confidential information and (iii) will inevitably enhance its knowledge and understanding of the Other Customers through their review of the Customer’s Confidential Information in a way that cannot be separated from its knowledge of such Other Customers. The Customer therefore acknowledges that the same personnel involved in providing services to the Customer may also be involved in the review of a transaction with such Other Customers, and accordingly the confidential information may influence TelOnline’s decisions with respect to such Other Customers. The Customer further acknowledges and agrees that nothing herein will restrict TelOnline from providing the Platform and Services to any Other Customer so long as it adheres to the confidentiality restrictions contained herein with respect to the Customer’s Confidential Information.

8.0 Limitation of Liability and Disclaimer
8.1 DISCLAIMER
TelOnline WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY OTHER PERSON FOR AND HEREBY DISCLAIMS ANY AND ALL INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, IN ANY FORM, INCLUDING ECONOMIC LOSS, LOSS OF CONTRACT, LOST PROFITS, REVENUES OR SAVINGS, DAMAGE TO REPUTATION OR GOOD WILL, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE PLATFORM OR SERVICES (COLLECTIVELY “LIABILITY”) THAT ARE BROUGHT ON, BY, OR ARE RELATED TO YOUR USE OF THE PLATFORM, SERVICES, INCLUDING PROFESSIONAL SERVICES, WHETHER ARISING UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF TelOnline HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, AND YOU WILL INDEMNIFY AND HOLD TelOnline FROM AND AGAINST THAT LIABILITY WHICH MAY BE MADE AGAINST TelOnline IN RESPECT THEREOF. FURTHER, TelOnline WILL NOT BE HELD LIABLE FOR ANY CLAIM, LIABILITY OR ACT ASSOCIATED WITH THE PROPER EXERCISE OF ITS RIGHTS UNDER THIS AGREEMENT. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE PLATFORM AND SERVICES, INCLUDING PROFESSIONAL SERVICES AND ANY CONTENTS PROVIDED BY TelOnline (“TelOnline CONTENT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR OF LIABILITIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES WILL NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW FOR THOSE LIMITATIONS OR EXCLUSIONS. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, TelOnline’S LIABILITY, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING FROM THIS AGREEMENT IS LIMITED TO THE AMOUNT TelOnline BILLED CUSTOMER FOR ALL SERVICES FOR THE MONTH IN WHICH THE ALLEGED CLAIM AROSE.

8.2 NO WARRANTIES
EXCEPT AS SET FORTH ABOVE, TelOnline OFFERS NO WARRANTIES WITH REGARDS TO THE PLATFORM OR SERVICES, INCLUDING PROFESSIONAL SERVICES. TelOnline HEREBY DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING SPECIFICALLY ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TelOnline DOES NOT AUTHORIZE ANYONE TO MAKE ANY KIND OF WARRANTY ON ITS BEHALF. FURTHER, TelOnline DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SERVICES, INCLUDING PROFESSIONAL SERVICES, WILL MEET YOUR REQUIREMENTS; OR THAT THE PLATFORM OR SERVICES, INCLUDING PROFESSIONAL SERVICES, WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. EXCEPT AS SET FORTH ABOVE, TelOnline HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. CONSEQUENTLY, YOU AGREE THAT YOU SOLELY ASSUME ALL RISKS ARISING FROM YOUR USE OF THE PLATFORM AND SERVICES, INCLUDING PROFESSIONAL SERVICES. WITHOUT LIMITING THE FOREGOING, TelOnline DOES NOT WARRANT THAT THE PLATFORM OR SERVICES, INCLUDING PROFESSIONAL SERVICES, ARE FREE OF ERRORS, COMPUTER VIRUSES, OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE PLATFORM, OR SERVICES, INCLUDING PROFESSIONAL SERVICES, OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN TelOnline WILL NOT BE RESPONSIBLE FOR THOSE COSTS; AND YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY AND DISCLAIMER IS INTENDED TO BE VERY BROAD AND YOU HEREBY WAIVE AND RELINQUISH ANY RIGHTS OR BENEFITS YOU MAY HAVE UNDER ANY STATE OR FEDERAL LAW OR LEGAL PRINCIPLE DESIGNED TO INVALIDATE RELEASES OF UNKNOWN OR UNSUSPECTED CLAIMS TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, YOUR CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This Warranty set forth in this Agreement gives you specific legal rights. You may have others which vary from state/country to state/country. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

8.3 Acknowledgement
You acknowledge that it is not within the control of TelOnline how or for what purposes its Platform and Services are used and the allocation of risk in this Agreement is a reflection of this allocation. If any disclaimer or exclusion in this Agreement is determined to be invalid and TelOnline becomes liable for damages or loss that may lawfully be limited then that liability will be limited to US $100 or, if higher, the lowest amount allowed by applicable law. TelOnline will not be liable to you for any Loss or delay (“Client Delays”) arising from any data, instructions, or material supplied, digitally or otherwise, by you or on your behalf, including without limitation data, instructions or materials which are incomplete, inaccurate, illegible, out of sequence or arising from late delivery or non-delivery or in the wrong form or any other fault by you or made on your behalf. TelOnline is not responsible for any malfunction, delay, nonperformance and/or other degradation of performance of any of its Services caused by or resulting from any alteration, modification and/or amendments due to changes requested by you or implemented by or on your behalf (“Client Changes”) whether or not beyond the scope of Services or Professional Services already being supplied to you. Any work arising from Client Delays or Client Changes may result in additional charges. TelOnline will make reasonable efforts to repair and reinstate Service in the event of a Client Delay or Client Change but may be unable to provide the Services in a timely manner or within the original cost quoted, depending on the scope and severity of the Client Delay or Client Change. If the Client Delay and/or Client Change is the result of an action performed or not performed by you or your agent to whom access to the Platform was given then you will be responsible for paying all costs associated with reinstating and/or repairing the Platform.

9.0 Invoices and Pricing
9.1 Pricing
TelOnline reserves the right to make adjustments to the pricing of its Services. TelOnline may raise or lower its prices at any time. No price increase will apply to you until the commencement of the next Renewal Term. Subscriptions to Services are subject to acceptance by TelOnline. TelOnline’s acceptance of your subscriptions to Services vests only when TelOnline delivers to you a confirmation of the subscription. That confirmation will be delivered to you via email or through another written communication. TelOnline reserves the right to refuse to provide any Service to anyone for any legally permissible reason.

9.2 Payment and Invoicing
Except for overages, Surcharges, or as otherwise agreed in writing with TelOnline, payment for Services is due in advance of the period in which those Services will be provided. Monthly payments must be paid prior to the month in which Services are provided. Unless otherwise agreed with TelOnline in writing, payment for overages are due within thirty (30) days of the expiration of the billing period in which the Services were incurred. You may not receive an invoice. You must pay all amounts in accordance with the plan you have selected, your Sales Order Form, or instructions set forth in the portal for the Services, as applicable. All fees charged are exclusive of any applicable communications service, or telecommunication provider (e.g., carrier), or other administrative fees or surcharges (collectively, “Surcharges”), as calculated by TelOnline. You will pay all Surcharges associated with your use of the Services. Surcharges will be shown as a separate line item on your invoice. Late payments will bear interest at the lesser of 1.5% per month or the highest rate allowed by applicable law. Services for both the U.S. are stated in U.S. dollars. You will pay TelOnline via check, ACH, online credit card, or any other method agreed to by TelOnline. If you do not pay in advance for the Services, TelOnline may suspend provisions of the Services or terminate this Agreement. But you will continue to be obligated to pay for such Services for the full applicable Initial Term or Renewal Term of this Agreement. You acknowledge and agree that in the event of a charge back by a credit card or debit card company or by your bank (or similar action by another payment provider) or any other form of nonpayment by you in connection with payment to TelOnline, your Services may be immediately suspended and this Agreement may be terminated, in the sole discretion of TelOnline, and you agree to reimburse TelOnline for all such charge backs or similar fees it incurs in this connection. If your Service is suspended, cancelled, or transferred prior to the end of the then-current Service term, all fees paid are non-refundable in whole or in part and you will remain liable for any fees not yet paid. You acknowledge that TelOnline is not obligated to make any refunds under any circumstances. If you cancel your account, your account will be immediately terminated. Thereafter you will no longer have access to your account and you will lose any subscribers and other data you had prior to cancellation. To cancel your account, you must email sales@TelOnline.com to make the cancellation request and include the following in the subject line: “Please Cancel TelOnline Account”.

9.3
In addition to TelOnline’s fees for Services and Professional Services, you agree to pay to TelOnline any sales, use or similar (VAT, GST) taxes (“Taxes”) that TelOnline is required to or authorized to collect from you as additions to TelOnline’s fees for Services or Professional Services, or if we do not charge Taxes to pay directly any applicable Taxes to the applicable tax authority. If TelOnline does not collect Taxes and a taxing authority assesses Taxes against TelOnline based on TelOnline’s failure to collect or pay Taxes, you agree to reimburse TelOnline the amount of assessed Taxes attributable to TelOnline’s prior sales to you. You must substantiate any claim of exemption from any Tax. Tax-exempt entities must provide TelOnline with a copy of their tax-exemption certificate.

9.4 New Products and Features
TelOnline may make certain products and features available to you on a trial basis at no charge. TelOnline reserves the right to cancel, suspend, terminate and/or end those services at any time.

9.5 Auto-Payment
If you choose to make automatic payments, via debit card, credit card, automatic bank draft, or ACH, the terms are available at this link. TelOnline Autopay Program Terms of Authorization will apply to those automatic payments and are hereby incorporated into this Agreement by reference. If you terminate your participation in the auto-payment program, you will continue to be obligated to pay for any Services for which you have enrolled.

10.0 Intellectual Property
10.1 Platform and Services
You acknowledge and agree that all TelOnline Content and materials available on its Platform or as part of the Services are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by TelOnline you agree not to sell license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Platform or Services are strictly prohibited without the express written permission of TelOnline. For information on requesting such permission, please contact us at support@TelOnline.com.

10.2 SOW
Neither party, by virtue of an SOW or Order Form, will gain any rights of ownership in copyrights, patents or other intellectual property of the other party (as to each party its “Pre-Existing IP”). TelOnline will own all right title and interest (including any copyrights, patents, trade secrets or other intellectual property rights) in and to all tangible results of the Professional Services and all intellectual property represented thereby and contained therein to the extent not your Pre-Existing IP. Upon full payment to TelOnline of all sums due for the Professional Services, you will be licensed to internally use any deliverables (“Deliverables”) provided by TelOnline to you under an SOW or Order Form in connection with the Platform. Nothing in this Agreement will preclude TelOnline from using for itself, or for performing services for others, any general knowledge, skills, experience, ideas, concepts, know-how, methods and techniques used or developed by TelOnline in the performance of the Professional Services.

11.0 Materials Submitted to TelOnline
You hereby grant to TelOnline a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) you submitted to any public areas of the Platform (such as bulletin boards, forums and newsgroups) or by email to TelOnline by all means and in any media now known or hereafter developed. You also grant to TelOnline the right to use your name in connection with the submitted comments and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you will have no legal recourse against TelOnline for any alleged or actual infringement or misappropriation of any property right in your communications to TelOnline. Nothing in this Section 11.0 affects your rights in Your Content.

12.0 Jurisdiction and Dispute Resolution
12.1 General
In the interest of resolving disputes between you and TelOnline in the most expedient and cost effective manner, you and TelOnline agree that any dispute arising out of or in any way related to this Agreement or your use of the Site or Services will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Agreement or your use of the Platform or Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TelOnline ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

12.2 Exceptions
Notwithstanding this Section 12, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an arbitration-award enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

12.3
If the Customer is a citizen of or domiciled in the United States, any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement, including with respect to the formation, applicability, breach, termination, invalidity or enforceability thereof, (the “Dispute”) will be finally settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association. (the “Rules”).

12.4
The Dispute will be determined by a sole arbitrator. The arbitrator will be selected in accordance with the Rules. The Parties expressly delegate to the arbitrator the power and authority to rule on the arbitrator’s own jurisdiction, including any objections with respect to arbitrability, to the existence, scope, or validity of the arbitration agreement, or with respect to whether all of the claims, counterclaims, and setoffs made in the arbitration may be determined in a single arbitration, without any need to refer such matters first to a court.

12.5
The seat of the arbitration will be the State of Florida. Should it become necessary for a court to compel arbitration, the Parties expressly agree and acknowledge that the court’s order will compel arbitration in the State of Florida. This Agreement and the agreement to arbitrate will be governed by, and will be construed, interpreted, and enforced in accordance with, the laws of the State of Florida, excluding its conflicts-of-laws principles.

12.6
Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

12.7
The Parties agree that the prevailing party will be entitled to an award of its costs and expenses, including an award of reasonable attorney’s fees (the “Costs”) and the arbitrator is required to award Costs to the prevailing party.

12.8
If any party files a court action arising out of or relating to a Dispute, including the determination of the scope or applicability of agreement to arbitrate, to compel or stay arbitration, or to confirm, vacate or modify the arbitration award, the prevailing party will be entitled to recover its reasonable attorney’s fees and other costs incurred in such court action and the court in which such action is brought will award such reasonable attorney’s fees and costs to the prevailing party.

12.9
In any action brought to enforce an arbitration award or judgment confirming an arbitration award, the prevailing party will be entitled to recover its reasonable attorney’s fees and other costs incurred in such court action and the court in which such action is brought will award such reasonable attorney’s fees and costs to the prevailing party.

12.10
This agreement to arbitrate will be binding upon the successors, assignees, representatives, spouses and any trustee or receiver of any party.

12.11
For the avoidance of doubt, the Parties agree that no claims on a class, collective or representative basis will be brought in the arbitration process contemplated hereunder, and the arbitrator will have no power to hear any such claims. IN ADDITION, THE PARTIES HERETO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION AGAINST EACH OTHER IN CONNECTION WITH ANY DISPUTE, AS DEFINED IN THIS SECTION 12, OR ANY OTHER CONTROVERSY ARISING OUT OF, CONNECTED WITH, OR RELATING IN ANY WAY TO TelOnline’S BUSINESS OR AFFAIRS OR TO THIS AGREEMENT.

THE PARTIES UNDERSTAND THAT, ABSENT THIS AGREEMENT TO ARBITRATE, THEY WOULD HAVE THE RIGHT TO SUE EACH OTHER IN COURT, AND THE RIGHT TO A JURY TRIAL, BUT THEY GIVE UP THOSE RIGHTS VOLUNTARILY AND AGREE TO RESOLVE ANY AND ALL GRIEVANCES BY ARBITRATION.

12.12 Dispute Resolution Confidentiality
The Parties, any arbitrator, and their respective agents or representatives, will keep confidential and will not disclose to any non-party the existence of the arbitration, non-public materials and information disclosed or provided in the arbitration by any party, or orders or awards made in the arbitration (collectively, the “Dispute Confidential Information”). If a party or an arbitrator wishes to involve a non-party in the arbitration — including a fact or expert witness, stenographer, translator or any other person — the party or arbitrator(s) will make reasonable efforts to secure the non-party’s advance agreement to preserve the confidentiality of the Dispute Confidential Information, consistent with this provision. Notwithstanding the foregoing, a party may disclose Dispute Confidential Information to the extent necessary to:

12.12.1
prosecute or defend the arbitration or proceedings related to it (including enforcement or annulment proceedings), or to pursue a legal right;

12.12.2
respond to a compulsory order or request for information by a governmental or regulatory body, but only after first providing all parties to the arbitration notice of the intent to disclose;

12.12.3
make disclosure(s) as required by law or by the rules of a securities exchange;

12.12.4
seek legal, accounting or other professional services; or

12.12.5
satisfy information requests of potential acquirers, investors or lenders, other than any competitor of any party to the arbitration.

Provided, however, should disclosure be required pursuant to this Section 12 the producing party will take reasonable measures to ensure that the recipient preserves the confidentiality of the information provided at producing party’s sole cost and expense.

The arbitrator may permit further disclosure of Dispute Confidential Information where there is a demonstrated need to disclose that outweighs any party’s legitimate interest in preserving confidentiality.

This Section 12 will survive the termination of this Agreement and termination of any arbitration brought pursuant to this Agreement, but the arbitrator’s authority to permit disclosure of Dispute Confidential Information terminates upon the termination of the arbitration. This confidentiality provision may be enforced by the arbitrator or any court of competent jurisdiction, and an application to a court to enforce this provision will not waive or in any way derogate from the agreement to arbitrate.

13.0 Miscellaneous
13.1 Assignment
You may not assign this Agreement except with the prior written consent of TelOnline. TelOnline may assign this Agreement to an affiliate or to a buyer, by merger, operation of law or otherwise, of TelOnline or its assets. Subject to the limitations hereinbefore expressed, this Agreement will mutually benefit and be binding upon the parties, their successors and assigns.

13.2 Compliance with Laws
You represent and warrant that you are not (i) acting, directly or indirectly, on behalf of terrorists, terrorist organizations or narcotics traffickers, including those persons or entities that appear on the Annex to Executive Order No. 13224 (Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism) (the “Executive Order”), or are included on any relevant lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, U.S. Department of State, the U.S. Department of Commerce or other U.S. government agencies, all as may be amended from time-to-time, and (ii) in violation of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Action of 2001, Public Law 107-56, as amended, the Executive Order, or any applicable anti-money laundering or anti-terrorism Laws. To facilitate the foregoing, TelOnline may require you to deliver a government issued identification document, certified by a professional acceptable to TelOnline. TelOnline’s Platform and Services are open to the U.S. and Canadian public without regard to race, color, sex, religion, familial status, disability, or national origin.

13.3 Electronic Communications
When you visit the Platform, use TelOnline’s Services or send e-mails to us, you are communicating with us electronically and you consent to receive electronic communications from us. TelOnline also sends notices by post, email, or facsimile, using the contact details you provide to us. TelOnline uses email extensively, but as you are aware email is not fully secure and may be intercepted by third parties. Unless you advise us otherwise in writing you agree to TelOnline’s use of email for correspondence regarding instructions both with you and third parties. In keeping with information security best practices for confidentiality, TelOnline recommends encrypting all sensitive data you send to us. TelOnline will communicate with you by e-mail or by posting notices on TelOnline’s Website. You agree that all agreements, notices, disclosures, and other communications that TelOnline provides to you electronically satisfy any legal requirement that such communications be in writing.

13.4 Confidentiality and Non-Disparagement
You agree to maintain this Agreement and all details regarding the Platform and Services in strictest confidence and not to disclose, publish or divulge such information to any third party; provided that you may disclose this Agreement to your attorneys and advisors, or as required by law or any governmental or regulatory agency or judicial proceeding. You further agree that, unless required to do so by legal process, you and your affiliates will not make or cause to be made any disparaging statements or representations, either directly or indirectly, whether orally or in writing, by word or gesture, to any person whatsoever, about TelOnline, its affiliates, or any of its directors, officers, employees, attorneys, agents, or representatives or persons affiliated with the Platform or Services. For purposes of this paragraph, a disparaging statement or representation is any communication that if publicized to another would cause or tend to cause the recipient of the communication to question the business condition, integrity, competence, good character, or product quality of the person or entity to whom the communication relates.

13.5 Legal Proceedings
Unless TelOnline receives an order from a court of competent jurisdiction that directs TelOnline not to act, TelOnline will comply with any legal proceedings applicable to your account. You agree that if you and/or your account become involved in legal proceedings and TelOnline receives a legal document or other notice that TelOnline believes requires it to supply information on your account or to suspend your account, TelOnline is authorized to do so regardless of whether you appeared in those proceedings. If this occurs, use of your account, TelOnline’s Platform or Services may become restricted and TelOnline may charge you for its internal and out-of-pocket costs to comply with such orders.

13.6 Cooperation With Investigation
You agree, in the event of any claim arising from your account or your use of the Services, to cooperate and assist both TelOnline and any law enforcement authorities in connection with any investigation and prosecution of any suspected wrongdoer. You understand and agree that failure to cooperate may result, in TelOnline (at its sole discretion) closing your account and dishonoring any claim which you have made against TelOnline.

13.7 Quality Control
You agree that TelOnline’s supervisory personnel may listen to and record telephone calls, and review correspondence, between you and TelOnline’s representatives in order to evaluate the quality of TelOnline’s service to you and to other customers.

13.8 Time of the Essence
You acknowledge and agree that TIME IS OF THE ESSENCE with respect to your performance of your obligations and actions required or permitted under this Agreement. In the event you fail to complete such actions within the time prescribed, you will be in default, and subject to all remedies available at law, equity, or hereunder.

13.9 Waiver
No term or provision hereof will be deemed waived and no breach excused, unless such waiver or consent will be in writing and signed by a duly authorized representative, partner or owner of the party claimed to have waived or consented. Should either party consent, waive or excuse a breach by the other party, whether expressed or implied, such will not constitute a consent to, waiver of, or excuse of any other different or subsequent breach.

13.10 Severability
If any provision of this Agreement will be held by a court of competent jurisdiction to be invalid, void, unenforceable, contrary to law or public policy, the remaining provisions will remain in full force and effect.

13.11 Costs
Except as otherwise expressly provided herein, each party will bear its own expenses and costs associated with this Agreement and performance thereof.

13.12 Headings
Headings in this Agreement are for convenience only and will not be used to interpret or construe its provisions

13.13 Must be Over 18
THE PLATFORM AND SERVICES ARE NOT FOR PERSONS UNDER THE AGE OF 18 OR IF THE AGE OF MAJORITY IS GREATER WHERE YOU LIVE, THAT AGE OF MAJORITY (“AGE OF MAJORITY”). THE PLATFORM AND SERVICES ARE NOT FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE PLATFORM OR SERVICES BY TelOnline. IF YOU ARE UNDER THE AGE OF MAJORITY, THEN YOU MUST NOT USE OR ACCESS THE PLATFORM OR SERVICES AT ANY TIME OR IN ANY MANNER. By using the Platform or Services, you affirm that either you are at least the Age of Majority.

13.14 Relationship of Parties
In performance of their obligations hereunder, the parties at all times will be independent contractors and nothing contained herein will place the parties in the relationship of partners, joint venturers, principal/agent or employer/employee. Neither party will have the power to obligate or bind the other party, nor will either party hold itself out as having such authority.

13.15 Entire Agreement
This Agreement, including applicable Sales Order Forms, constitutes the entire agreement between you and TelOnline with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.

Revised 26 sept 2025

The website SMS/MMS Marketing | Text Message Marketing | Text Marketing Made Easy! is owned and operated by TelOnline, LLC or one of its affiliates (collectively, “TelOnline,” “we,” “our,” and “us”). TelOnline provides a text message product that enables our clients to send and receive communications with their customers via short message service (“SMS”). This Privacy Policy applies to this website and any website or application that posts a link to this page (collectively, the “Site”). By accessing our Site, you consent to this Privacy Policy and our Terms of Use, including our collection, use, and sharing of your information, as described below. If you do not agree to this Privacy Policy or our Terms of Use, please exit our Site.

This Privacy Policy describes the information we collect from you or that you may provide when you visit the Site, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Contact Information
If you have any questions or comments, or if you want to update, delete, or change any Personal Information (defined below), please contact us at: TelOnline, LLC 1671 NW 144TH TER #110, Sunrise, FL 33323; via e-mail at sales@TelOnline.com; or by calling (954) 894-6181.

Registered Users
To use or have access to certain features or services on our Site, you will need to subscribe to our services and have an account with a login username and password (“Account Holder”). Account Holders must accept and are subject to this Privacy Policy, our Terms of Use and our Anti-Spam Policy (collectively, our “Account Terms”) in order to access and interact with these additional features. This Privacy Policy applies to both Account Holders and all other users of the Site, though some information may not be relevant to non-Account Holders.

Information We Collect From You
We collect information from you when you choose to share such information with us by entering it on our Site and by using automated processes. We collect several types of information from and about our Site users including, but not limited to:

Information that you provided to us that may personally identify you, such as your first and last name, postal address, email address, telephone number, payment information, and/or any other identifier by which you may be contacted online or offline (“Personal Information”);

Information that is about you, but does not identify you, such as industry or company information; and/or

Information about your Internet connection, the equipment you use to access our Site, and usage details, including your location.

We may collect this information in various places, including when you register for an account, contact us, or in other portions of our Site. We may examine your information to ensure its security and for protection from unauthorized use. You understand that although you can use our Site for some purposes without providing us with any Personal Information, we may require Personal Information about you for some products or services, including those that involve an ongoing relationship with us or our third-party partners. If you refuse to provide us with the information we require or later withdraw your consent to use and disclose this information (as discussed below), we may no longer be able to provide you with these products or services.

If you choose to make a payment online, your data will be processed through our PCI-compliant third-party payment processor. TelOnline strives to ensure that all of its partners and affiliates maintain industry-standard privacy policies. Please be aware, however, that TelOnline does not directly store any of your payment information, and it does not control the privacy policies and practices of its third-party payment processors.

How We Collect Information from You
We collect information from you in the following ways:

Directly from you when you provide it to us;

Automatically when you visit or use our Site. This information may include your IP address (or other unique device identifier, including one that we may assign); certain details about your browser, operating system, and hardware; your location, if available; the URL that referred you to our Site; your activities on our Site, including your preferences; and other logging information, such as the date and time of your visit. We may use a variety of tracking technologies such as cookies, web beacons, embedded scripts, browser fingerprinting, GPS, iBeacons, and ETags (or “entity tags”) to automatically collect information. A cookie (or “locally shared object”) is a data file placed on your device when you visit our Site. We cannot collect Personal Information using cookies and other tracking technology, but cookies may be tied to Personal Information previously provided to us and we will treat it as we do other Personal Information. We may share aggregate cookie and tracking information with third parties. Your browser or other computer features may allow you to reject or remove cookies, but if you do so, some features of our Site may not work properly, and we may not be able to remember your preferences the next time that you visit. We may also use web server logs to collect and store information about Site usage. When you visit our Site from a mobile device, like a smartphone, we may also collect additional information from your device, including your location, device identifier, and information about your mobile network. IP addresses are not used by us to personally identify individuals, and we do not link IP addresses to other forms of Personal Information, however IP addresses may be considered to be Personal Information under the laws of certain jurisdictions; and

From our Account Holders about account users that opt-in to a text messaging list.

Analytics Services and Targeted Ads
We may use third-party analytics services. These services may track details about your online activities over time and across different sites. Using tracking technologies, our ad network partners may collect non-personally identifiable information about your activities on our Site and other sites. These services help us to improve our Site and the products and services that we offer you. These services may also allow us and others to provide you with targeted advertisements or other content that you may be interested in based on your online activities. If you would like to learn more about targeted ads that may be based on your online activities, and the choices that you may exercise for certain sites and advertisers, you may wish to visit the Network Advertising Initiative or the Digital Advertising Alliance.

Our Website may use Facebook pixels, which help us track conversions from Facebook ads, optimize ads based on collected data, build targeted audiences for future ads, and remarket to qualified leads.

How We Use Information We Collect From You
We use information we collect or you provide to us, including, but not limited to, any Personal Information, in the following ways:

To present our Site and its contents to you;

To provide you with information, products, or services that you request from us;

To fulfill any other purpose for which you provide it; and/or

To set up your user account.

Except as otherwise set forth in this Privacy Policy, we will only use and/or disclose Personal Information in order to provide you with any services that you have engaged us for; understand and meet your needs and preferences; develop new and enhance existing service and product offerings; manage and develop our business and operations. We also reserve the right to use aggregated data, provided that the data is not linked to any specific individual, to help improve our products and services.

How and When We Share Information with Third Parties
We may share the information that we collect with third parties for a variety of purposes. For example, will share information provided to us with our clients that are using our services to request information from you. We may also share information with service providers who assist us in our business operations. We may also share information where required by law or to satisfy any applicable law, regulation, subpoena, government request, or other legal process. We may also share information with third parties, including law enforcement, to protect our Site and to enforce our Terms of Use. We also reserve the right to share the information that we collect with our subsidiaries and affiliates and with any subsequent owner in the event of a merger, consolidation, sale of our assets, or other change in our business. We will not sell, trade, or rent your Personal Information to any third party unless we have your consent to do so or as otherwise disclosed in this Privacy Policy. Except where we are required by law to disclose Personal Information, we will use reasonable efforts to require any person to whom we provide your Personal Information to agree to comply with applicable privacy obligations and laws. To the extent allowed under applicable law, however, we will have no liability to you if any person fails to do so. We will not sell your Personal Information to third parties for marketing or advertising purposes.

No mobile information will be shared with third parties/affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

If you choose to opt in to receive SMS messages from TelOnline LLC, you may receive updates, alerts, and promotional content related to our services. Message frequency may vary. Message and data rates may apply.

You can reply STOP to cancel or HELP for more information at any time.

Co-Branded Areas
We may provide certain parts of our Site in association with third parties, such as promotional partners. These “co-branded areas” will identify the third party. If you choose to use these co-branded areas, we may share your information with the identified third party, and that third party may also collect information from you, in addition to the information that we collect, as described above. You should review the privacy policies of those identified third parties to understand how they collect and use information.

Newsletters
Account Holders may be automatically subscribed to our email newsletter as part of the account setup process. All Account Holders have the opportunity to choose to opt-out from receiving our newsletter or other non-account related emails, either during the account creation process or through opt-out instructions that are provided in our email or SMS communications.

SMS Messages
The ownership of any information communicated to TelOnline for text messaging and/or storage purposes will remain with the user, and we will store such information securely in accordance with our policies and applicable law.

Individual Choice and Access
We may retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.

Individuals may request this information from us by contacting us using the contact information provided above. Unless it is prohibited by law, we will remove any Personal Information about an individual from our servers within a reasonable amount of time after their request. There is no charge for an Account Holder to access or update his or her Personal Information.

It is TelOnline’s policy that, just as an Account Holder must opt-in to a text messaging list, they have the right to opt-out of a particular text messaging list as well. When an Account Holder opts out of a text messaging list, they will no longer receive any texts from that particular list unless they, themselves, re-subscribe. Account Holders can remove themselves from any SMS list at any time by texting “stop” along with the textword they signed up for. Reply “stop all” to remove your number from all of TelOnline’s client’s lists. TelOnline is not responsible for the text or picture messages sent by our clients or customers that are using TelOnline products or services.

TelOnline clients are controllers of personal data provided to TelOnline and TelOnline is a processor and will only process personal data based on our clients’ authorizations provided and in scope described in the TOU and this Privacy Policy. Clients are obliged to: fulfil all legal requirements relating to obtain consent from anyone to whom they instruct TelOnline to send messages. TelOnline will process data in accordance with our clients’ directions and will honor any opt-out received by TelOnline.

Anti-Spam Policy
TelOnline requires its clients and Account Holders to adhere to the Mobile Marketing Association’s most current version of the policy document U.S. Consumer Best Practices for Messaging, found at U.S. Consumer Best Practices for Messaging (Version 7) , in addition to the CTIA Short Code Monitoring Handbook, which can be accessed through CTIA . Unsolicited messages, or any messages sent by unauthorized users of TelOnline’s products and services, are not tolerated by TelOnline and are considered spam under applicable law. Please review our anti-spam policy located at https://www.TelOnline.com/legal/anti-spam.php for more information regarding the reporting of suspected spam to TelOnline.

Do Not Track
Do Not Track is a technology that enables users to opt out of tracking by websites they do not visit. We do not track our visitors across third-party websites to provide targeted advertising and therefore we do not respond to Do Not Track (“DNT”) signals. Some third-party websites may keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. Third parties may use tracking technologies in connection with our Site, which may include the collection of information about your online activities over time and across third-party websites. This Privacy Policy does not apply to these third-party technologies because we may not control them and we are not responsible for them. If you are visiting such websites, your internet browser may allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked. Currently, we do not monitor or take any action with respect to DNT technology.

No Collection of Children’s Personal Information
Our Site is intended for general audiences, and we do not knowingly seek or collect personal information from children under the age of 18. In accordance with the Child Online Privacy Protection Act, in the event that we learn that we have collected Personal Information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe we might have any Personal Information from or about a child, please contact us at 1-800-688-6290.

Security
TelOnline is committed to preserving your privacy and strives to protect and maintain the accuracy of Personal Information provided to us. We use commercially reasonable and industry standard security technologies and safeguards to protect the information that we collect and use. We also expect our service providers to protect information in the same manner. No data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information, however, is 100% secure. Please note that we cannot guarantee the security of any information you transmit to us. You agree that we are not responsible for any electronic communication and/or any of your data which may be lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by us. We do not guarantee that your information will not be misused or disclosed to third parties. We will not have any liability to you for any such misuse or disclosure, except as required by applicable law.

Other Web Sites; Links
Our Site may contain links to other websites. We are not responsible for the privacy practices or the content of such websites. Third parties may independently collect information about you when you view communications from third parties through our products or services. You should review the privacy policies for such third parties before using their sites or services to understand how they collect and use information. If you do not want those companies to collect information about you, please contact them directly.

Social Media Platforms
Our Site may include social media features, such as links to our Facebook or Twitter pages. These features may collect information about your IP address and which page you’re visiting on our Site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. We also maintain presences on social media platforms like Facebook, Twitter, and Pinterest. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.

Updating Your Information
Our Site may allow you to update the information that we collect from you, such as the contact information that you provide when you register for an account. You may also request that we update your information by sending an e-mail to us at sales@TelOnline.com. Our Site may also allow you to update your e-mail preferences. If you would prefer not to receive e-mail newsletters or other messages from us, you may use the “unsubscribe” features that are included in such messages or contact us at sales@TelOnline.com

Transfer of Information to the United States
To be able to serve you, your Personal Information may be collected, stored, and/or processed or otherwise used by or on our behalf both inside and outside of the United States by third party service providers, to perform cloud storage, payment processing and other functions on our behalf. As a result, those country’s courts, governments or law enforcement agencies could obtain disclosure of such information under such country’s laws. If you are from a country outside the United States, please be aware that the Personal Information you submit, including information provided through our Site, may be sent to a location in the United States. The data protection laws in the United States are likely different from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement according to laws of those countries. By providing such Personal Information through the Site, you are consenting to (and represent that you have authority to consent to), the transfer of such information to the United States for the uses and purposes described in this Privacy Policy. Without limiting the above, for the avoidance of doubt we do not have an establishment or target people in the EEA or UK.

If you withdraw consent, you agree that in spite of this withdrawal we may continue to use the Personal Information previously provided to us to the extent that we are legally or contractually obligated to do so and to the extent necessary to enforce any contractual obligations you may have to us.

Changes to this Privacy Policy
We reserve the right, in our sole discretion, to make changes to this Privacy Policy and to our information gathering and dissemination practices. If we decide to change this Privacy Policy, which we may do at any time without notice to you, we may notify you or post those changes on our Site. We suggest that you periodically check the Site for changes to this Privacy Policy

Revised 26 sept 2025

This Anti-Spam Policy describes actions available to recipients of SMS, MMS, RCS or other messages sent by customers of TelOnline, LLC (TelOnline) who utilize Twixtext Services (as defined in the TelOnline Terms of Use accessible at this link).

TelOnline does not tolerate users of its Services sending spam messages, defined as unsolicited or unwanted messages to a recipient without the recipient’s permission. Recipients of spam are encouraged to report the messages to TelOnline as soon as possible. To report a message as spam, contact TelOnline by clicking here and provide the mobile number of the device that received the message, the time and date of the message, and, if possible, the content of the message. Upon receiving a complaint, TelOnline will begin an investigation. The identities of all individuals involved will remain confidential.

Enforcement of TelOnline’s Anti-Spam Policy
TelOnline clients agree to TelOnline’s Terms of Use upon creating an account. Violations of TelOnline’s Anti-Spam Policy may result in termination of a client’s access to and use of TelOnline Services. TelOnline complies with state and federal laws and regulations and complies with carrier regulations.

Opting Out/ Unsubscribing/ Removing Your Mobile Number
Recipients can opt out and remove themselves from a TelOnline client’s text messaging list at any time by texting “stop” to the number that is sending messages or by contacting TelOnline by clicking here.

Revised 26 sept 2025

TelOnline Autopay Program Terms of Authorization
Thank you for enrolling in the TelOnline Automatic Payment Program with TELONLINE, LLC (“TelOnline”). Your access to and use of this program is subject to the following Terms of Authorization and all applicable federal and state laws. These Terms of Authorization apply exclusively to your access to, and use of, automatic bank draft, automatic debit card payment, or automatic credit card payment and do not alter in any way the TelOnline Terms of Use which can be found by clicking this link. You must agree to these Terms of Authorization to use the Autopay Program. Please retain these Terms of Authorization for your records.

Authorization. By selecting automatic payment as your payment method, you hereby authorize TelOnline to initiate debits from the bank account or charge the debit card or credit card that you specified at the time of your enrollment on the periodic basis set forth in the plan for which you enrolled, or as set forth in your Sales Order Form or as otherwise agreed in writing with TelOnline. For example, if you signed up for monthly payments, payments will be initiated or charged monthly. THIS AUTHORIZATION WILL REMAIN IN EFFECT UNTIL YOU NOTIFY TelOnline, AS PROVIDED BELOW, TO CANCEL IT. You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds transfers and payments. You are responsible for all fees charged by your financial institution associated with the pre-authorized payment option, if applicable. For debits, there is a maximum transaction amount of $99,999.00, unless otherwise agreed to by TelOnline. For credit card payments, there is a maximum transaction amount of $5,000.00, unless otherwise agreed to by TelOnline. You hereby authorize TelOnline to charge your checking/savings account or present debit/credit card amounts for payment up to or equal those amounts, depending on your usage as described in the Terms of Use, the service plan for which you enrolled, and any applicable Sales Order Form. You certify to TelOnline that you have the authority to authorize such debits from your bank account or authorize such charges to the debit/ credit card whose information you provided to TelOnline. To help keep your account current and prevent service interruption, you authorize TelOnline to update your payment debit/card information on file when it is set to expire or based on updates we receive from the bank that issues your payment debit/card.

Contact Information and Business Hours. You may contact TelOnline in writing at support@TelOnline.com or by telephone during its general hours of operation at 1-954-894-6181.

Monthly Bills. For each payment term, you will receive a bill with your TelOnline charges. If you have any inquiries regarding your TelOnline charges, you may call the telephone number or write to the address specified in Section 2 above.

Verification of Autopay. If you would like to verify that a payment transaction has been made, you may do so by calling TelOnline at the number set forth in Section 2, above.

Rejection of Automatic Payments. If your bank or financial institution returns or rejects any specific payment transaction for any reason, TelOnline may assess a charge for a returned payment or a late fee and may reinitiate a debit from your bank account or re-present a charge to your debit/credit card for such amount, provided TelOnline has not received and processed your request to cancel your authorization at least one business day prior to such attempt. In its sole discretion, TelOnline may remove you from the Autopay Program if your bank or financial institution returns or rejects any specific transfer or charge. You must update all changes to your checking/savings account or debit/credit card information by notifying TelOnline using the contact information in Section 2 above. If you do not update your checking/savings account or debit/credit card information and TelOnline is unable to withdraw funds from your checking/savings account or charge your debit/credit card for the amount due on your TelOnline account, you may be subject to applicable late fees and returned item charges as well as any fees or charges assessed by your financial institution.

Cancelling Authorization. You may cancel authorization for autopay by notifying TelOnline using the contact information in Section 2 above. TelOnline must receive your request at least three (3) days prior to the applicable bill due date.

Variation of Payment. The payment transactions made through the Autopay Program may vary. If there is a variation in the monthly amount to be charged or debited, TelOnline will provide you with a notice of the amount to be paid in your invoice, or otherwise in writing, at least ten (10) days prior to the date of such payment transaction. You will have the ability to stop payment on such payment transaction as specified in Section 8 below.

Cancel Payment Requests. You may request to cancel a payment that is part of the Autopay Program by notifying TelOnline using the contact information in Section 2 above. TelOnline must receive and process your request at least one (1) business day before the next scheduled date of a payment transaction. Please note that the date of each payment transaction is three (3) days prior to the applicable bill due date. TelOnline may require you to send written confirmation of a cancel payment request to the aforementioned address within fourteen (14) days of an oral notification. In its sole discretion, TelOnline may remove you from the Autopay Program if you cancel a payment that is part of the Autopay Program.

Resolving Errors. If you believe the TelOnline charges on your bill are incorrect, please follow the procedures set forth in the TelOnline Terms of Use. If you believe that a debit to your account or charge to your debit/credit card was in an amount different than indicated on your bill or if you need more information about a payment transaction listed on your bank statement or receipt, please call TelOnline using the contact information in Section 2 above, as soon as possible after learning of the issue. TelOnline must hear from you no later than sixty (60) days after the due date. In notifying TelOnline about the issue, please provide the following information: (1) your full name and account number; (2) a description of the error or payment transaction you are unsure about, with as many details as you can provide as to why you believe it is an error or why you need more information; and (3) the dollar amount of the suspected error. Please note that if you provide us with this information orally, TelOnline may require that you provide your complaint or question in writing to the address listed above within ten (10) business days.

If you notify TelOnline that an error involving a transfer from your specified bank account or charge to your debit/credit card has occurred, TelOnline will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.

For errors involving new accounts, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. TelOnline will correct the error within one (1) business day after determining that an error has occurred.

10. Change in Terms and Error Resolution Procedures. TelOnline reserves the right to change these Terms of Authorization or terminate this program at any time. Notice may be given on or with your TelOnline bill or by other methods. If a change in these Terms of Authorization will result in (1) increased fees to you; (2) increased liability to you; (3) fewer types of available electronic fund transfers; or (4) stricter limitations on the frequency or dollar amount of payment transactions, TelOnline will mail or otherwise deliver a written notice to you at least twenty-one (21) days before the effective date. These Terms of Authorization do not in any way change, amend or modify the TelOnline Terms of Use, or other agreements that apply to your TelOnline account.

11. Liability for Unauthorized Electronic Fund Transfers. Subject to the Limitations of Liability and Disclaimer provisions in the TelOnline Terms of Use, TelOnline may be liable for certain losses and damages resulting from unauthorized electronic payment transactions initiated by TelOnline from your specified bank account or charged to your debit/credit card, including the failure to complete a payment transaction to or from such account on time or in the correct amount according to these Terms of Authorization. Please be advised that TelOnline’s liability for any unauthorized electronic payment transaction is dependent upon your timely providing TelOnline with written and/or oral notification of any purported unauthorized transaction. You may notify TelOnline of any unauthorized electronic payment transaction using the contact information in Section 2 above. If TelOnline is timely notified, TelOnline will investigate all issues that you identified as resulting from an unauthorized electronic payment transaction in accordance with applicable law and the error resolution procedures discussed in Section (9) above.

However, please be advised that in addition to the Limitations of Liability and Disclaimer provisions in the Terms of Use, TelOnline will not be liable to you in any amount if a payment authorized hereunder is not completed and such non-payment arises from: (1) an incorrect or incomplete autopay application provided to TelOnline, including but not limited to an incorrect or incomplete name or address or an incomplete or incorrect debit/credit card information, bank account or TelOnline account information; (2) if, you do not have enough money in your account to make the payment; (3) if the funds in your bank account are subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting transfers at the time TelOnline attempts to debit your account or charge your debit/credit card for an authorized payment; (4) if you have an overdraft line and the transfer would go over the credit limit; (5) if your debit/credit card or electronic payment transaction is otherwise declined or rejected by your financial institution; (6) if circumstances beyond TelOnline’s control (such as fire, flood or act of God) prevent the payment transaction, despite reasonable precautions taken by TelOnline; or (7) any other exceptions stated in any agreement you may have with TelOnline.

12. Confidentiality. TelOnline will disclose information to third parties about your account of the payment transactions you make: (i) where it is necessary for completing payment transactions; or (ii) in order to verify the existence and condition of our account for a third party, such as a credit bureau or merchant; or (iii) in order to comply with government agency or court orders; (iv) to enforce its rights under this Agreement; or (iv) if you give us your express written permission.

13. Disclaimer. THE AUTOPAY PROGRAM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TelOnline DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED.

Revised 26 sept 2025

This Acceptable Use Policy (“AUP”) describes actions that TELONLINE, LLC (“TelOnline”) prohibits when any party uses its Services. By ordering or using TelOnline Services (as defined in the TelOnline Terms of Use accessible at this link, you agree to the terms of this AUP. You 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, the 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, hateful, false, fraudulent, deceptive or misleading, or any activity that exploits, harms, or threatens to harm children or any other protected class of people

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, calling-time, and call-quantity restriction laws and regulations

Using TelOnlines’ Services in any way that fails to conform to any applicable carrier or wireless industry guidelines and standards, including, without limitation, the CTIA Messaging Principles and Best Practices, Short Code Registry Best Practices and Short Code Monitoring Handbook, and any other standards or guidelines applicable to SMS or MMS, including any A2P 10DLC standards

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 TelOnline 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 TelOnline 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 or promote any material or statement 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. § 64.1600 et seq., or using the Services to facilitate a one-ring scam, as the FCC has defined that term (see Report and Order, GC Docket No. 20-93; rel. Nov. 30, 2020)

Using the Services for phishing, simulated phishing, spam, smishing or social engineering or any other similar activities.

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 TelOnline in its sole, reasonable discretion. TelOnline reserves the right to change or modify the terms of this AUP at any time. Customer’s use of the TelOnline’s Services after changes to the AUP are posted to the TelOnline 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 TelOnline representative.

If you violate these Terms, we may stop providing Services to you or we may close your account. We may also block delivery of a communication (such as an SMS, MMS or telephone call or message) to or from the Services in an effort to enforce these Terms. You also understand and agree that we are authorized to cooperate with and respond to all lawful civil, criminal, and regulatory inquiries relating to your use of the Services, including, without limitation, Traceback and other legal requests or demands from the FCC, FTC, civil and criminal law enforcement, and the FCC-designated USTelecom Industry Traceback Group consortium or any such successor entity. You also understand and agree that, pursuant to your contract with TelOnline, you agree to defend, indemnify and hold TelOnline harmless for any claims, demands, suits or proceedings alleging that you have violated the terms of this AUP or your agreement with TelOnline. When investigating alleged violations of these Terms, TelOnline reserves the right to review the content of your communications in order to resolve the issue. But we cannot monitor the entire Services, and make no attempt to do so.

Revised 26 sept 2025

This AI Features Addendum (“Addendum”) amends and supplements your existing Agreement to TelOnline’s Terms of Use, available at
Term of Use
(“Terms”), which incorporates, among other supplemental terms, TelOnline’s Acceptable Use Policy (“AUP), available at Acceptable Use Policy | TelOnline . Terms not defined in this Addendum have the meaning given to them in the Terms. Your agreement to this Addendum is effective as of the date you first enable or use any AI Feature within the Platform or Services.

TelOnline’s AI Features are features derived from its own or incorporated Third-Party artificial intelligence or machine learning technology tools and services, as applicable, that (a) use, in whole or in part, Your Content or any other data, instructions, or information that you provide or receive in connection with the Services to predict outcomes or that is capable of generating new content; (b) is included as part of the Services; and (c) that you enable within Customer’s account.

TelOnline’s AI Features are optional features of its Services. You do not have to use any AI Features to use its Platform or Services, and if you do not agree to the terms of this Addendum, you agree that you will refrain from using any AI Features. IF YOU DO NOT AGREE WITH THE TERMS OF THIS ADDENDUM, YOU SHOULD NOT ENABLE OR USE ANY AI FEATURES. By enabling and/or using any AI Feature, you are agreeing to this Addendum and warranting that your use of such Features will comply with this Addendum, the Terms, including the AUP, and all applicable laws.

AI Features Use Restrictions. Customer agrees that it is a material breach of this Addendum, and the Terms, to use any AI Feature (a) to mislead anyone that any Output or Content produced by the use of an AI Feature was solely human generated; (b) to develop its own artificial intelligence products, services, features, or technology, or any machine learning models or technology; (c) to ingest, provide, accept, or train any AI Feature on any data that violates the intellectual property rights or other legal rights of any third party; or (d) for Prohibited Use Cases, which includes any operation (i) of nuclear facilities, air-traffic control, life-support systems, or other health- and safety-related or other clinical purposes; (ii) that is overseen by, or requires clearance or approval from, any regulatory authority; (iii) that could lead to death, personal injury, or environmental damage; or (iv) that constitutes high or unacceptable risk relating to the use of an AI Feature under applicable law or regulation.

Processing of AI Content. Customer and agree that will process personal data within AI Feature-related content as a processor at Customer’s request (a) in accordance with Customer’s instructions, the Terms, and this Addendum; (b) as necessary to make available the AI Feature to Customer, which includes detecting, investigating, and preventing security incidents, network exploits and abuse, and spam; and (c) as necessary to comply with applicable law or regulation.

AI Feature Outputs. Customer understands and agrees that TelOnline’s AI Features use emerging technology that may produce results or content (“Output”) that is unintended, inaccurate, offensive, poses a threat to public safety, and/or does not meet Customer’s needs, expectations, or legal, regulatory, or compliance obligations. Customer is solely responsible for testing, reviewing, and editing any Output before publishing, sending, using, or relying on such AI Feature Outputs. Given the nature of artificial intelligence and machine learning technology, AI Feature Outputs may not be unique, and an AI Feature may generate the same or similar output for other customers. does not guarantee or warrant the generation of Output by any AI Feature.

Third-Party AI Technology. uses artificial intelligence or machine learning technology provided by one or more third parties (“Third-Party Technology”) to provide some or all of the functionality for any AI Feature. By using any AI Feature, Customer acknowledges and authorizes to disclose any of Your Content, data or other information you provided or received in connection with your use of the Services or an AI Feature with such Third-Party Technology providers, as determined by , in its sole discretion. is not an agent, partner, or in a joint venture with any Third-Party Technology provider, and their Technology constitutes Third-Party Services as defined in the Terms.

Consent Records and Audit. Certain AI Features can include and involve natural-language understanding and the monitoring or capture of real-time transcription of Your communications with third parties and other contacts by as your data processor. To the extent that any such use cases require the consent of your contacts or communication recipients in accordance with applicable law or regulation, you agree that (i) you are solely responsible for securing all necessary consents before enabling or using any applicable AI Feature, (ii) you will maintain all appropriate records of such consents, and (iii) you will promptly provide evidence of such consents to upon its written request. will have the right to audit Customer’s consent records upon thirty (30) days’ written notice, and Customer will reasonably cooperate with in connection with such audit.

Suspension, Termination, and Indemnification Rights. Customer acknowledges and agrees that any material breach or violation of this Addendum entitles , at its sole option and discretion, (i) to immediately suspend or terminate Customer’s access to any AI Feature and/or the Services, without any formalities or prior written notice being required, and without prejudice to any of TelOnline’s other rights or remedies under the Agreement or applicable law, including its right to indemnification under the Terms; and/or (ii) to immediately remove or block the offending Customer Content or Output. Customer understands and agrees that, given the nature of the AI Features and underlying Third-Party Technology, these suspension, termination, and defense-and-indemnity rights may be triggered by actions or events that were not proximately or directly caused by human-generated, volitional acts or omissions of Customer, other than enabling the AI Feature(s). By enabling any AI Features, you acknowledge and agree that such act, and any and all Output generated in connection therewith, constitutes your use of the Services and Your Content for purposes of the Indemnification provisions in the Agreement.

Ownership. As between the parties, (a) exclusively owns, or its Third Party Technology providers exclusively own, as applicable, all right, title, and interest in and to the AI Features, and (b) Customer exclusively owns all right, title, and interest in and to any of Your Content that is unique solely to Customer.

Conflict. In the event of any conflict or inconsistency between the terms of the Agreement and the terms of this Addendum, the terms of this Addendum will prevail with respect to the use of any AI Feature.

Survival. The terms of this Addendum shall survive the expiration or termination of the Agreement.

Revised 26 sept 2025

  1. Initial Return Date.

    “Initial Return Date” is defined as (i) the date on which the product is sent to TelOnline LLC, or (ii) in the case of resale through a channel authorized by TelOnline, the date no greater than ninety (90) days after the original shipment of the product by TelOnline LLC, or (iii) in the case of a third party return policy in reference to OEM agreements between TelOnline and a third party, the date not greater than ninety (90) days after shipment original product by TelOnline LLC, to the third party as execution of the OEM agreement.

  2. Returns of Non-Defective Hardware.

    With the exception of those customers subject to a written agreement with TelOnline for inventory rotation, TelOnline only accepts returns of Non-Defective Hardware in unopened boxes and if said return is made within thirty (30) days following the Initial Date of Return. Non-Defective Hardware in open boxes will be subject to a twenty percent (20%) inventory charge. TelOnline will not accept returns of Non-Defective Hardware after thirty (30) days. Other returns are governed by the individual warranty policies of TelOnline or its suppliers. Non-Defective Hardware returns only apply to hardware purchased directly from TelOnline; Customers who have purchased TelOnline hardware from a third party should contact that third party to discuss their return policies. TelOnline is not obligated to accept returns of any type of hardware that has been opened, altered, or is not in a condition suitable for resale except when governed by this Returns Policy, as described in this section.

  3. Returns of Non-Defective Software.

    These returns will be at the sole discretion of TelOnline and under a case-by-case policy, that is, each case will be analyzed individually. Software products that have not been activated may be subject to a return within ten (10) days following the Initial Return Date, and may be subject, at TelOnline’s sole discretion, to an Administrative Fee of twenty percent. (20%). All other software returns will be made under the terms of the warranty in effect with TelOnline. TelOnline is not obliged to accept returns of software that has been activated or used, no matter where it comes from.

  4. Limitation of Liability.

    To the maximum permitted by law, TelOnline is not liable under any contract, negligence, limited liability, or any other legal or equitable theory for any loss due to the use of the product, inconvenience or direct damage of any nature, be it special, incidental, or consequential (including, but not limited to, loss of income or profits, suspension of work activities, damage to computer or peripherals, faulty operation, failure of connected equipment or peripherals and programs, loss of information or data, or loss of good will) that results as a consequence of the use of the product, in relation to the warranty service, or that occurs as a result of total or partial non-compliance with this return policy, even if TelOnline has been alerted to the possibility of such damages. The only remedy for a violation of the limited warranties is repair, replacement, or money back for the purchase value of the product. The maximum liability of TelOnline for a defective or out-of-standard product under this agreement is limited to the purchase price of the product in question and any damage that is recognized by a written agreement signed between the customer and TelOnline. All of the foregoing defines that express, written warranties and remedies are exclusive and in lieu of other warranties or remedies, express, implied, or statutory.

  5. RMA (Return Material Authorization / Authorization for Return of Material) Procedure for Defective Hardware

    Customers who wish to return defective hardware must first contact TelOnline Technical Service for the diagnosis and approval of their return request. A TelOnline Technical Service technician will review the corresponding account, information about the product in question, and verify the warranty status of said product. All RMA approvals are subject to verification of warranty status.

    Specifically, TelOnline will not process third-party product warranties that TelOnline has sold to the customer if they are not covered by a current and active third-party warranty. All products manufactured or supplied by third parties are subject to the conditions of the third-party warranties. TelOnline advises the customer to contact these companies to find out the details of their guarantees.

    Once the TelOnline Technical Service technician confirms that the hardware is defective and consider its replacement necessary, an RMA number will be assigned, authorizing the customer to return the defective hardware to TelOnline. The RMA number must be noted on the original product box. The shipping costs in connection with the return of the defective product to TelOnline will be covered by the customer, except in those cases DOA (Dead-On-Arrival, Did Not-Work-On-Open), when a properly installed product does not work immediately in its primary function as stated in its documentation once electrical current has been applied to it for the first time. DOAs must be reported by the client within the next thirty (30) days from the date of invoice to the client, otherwise said product will not be considered DOA. For DOAs, TelOnline will cover both the shipping and resending or return costs (three (3) days domestic US, one (1) week international). In the event that the shipped hardware has been misrepresented as a DOA by the customer or its agents, TelOnline will charge the customer for the shipping costs and an additional amount for administrative fees. When the customer sends a TelOnline authorized product, they must include only the authorized hardware and / or accessories together with a copy of the authorization from our Technical Service technician. TelOnline will not replace hardware and / or accessories that are not covered or covered by the corresponding authorization.

    TelOnline will process the replacement with the manufacturer or supplier, after receiving the hardware from the customer and having verified the status of their warranty. If the customer wants to speed up the RMA process, TelOnline can send a replacement of the product as soon as technically possible. This procedure requires a Parallel Shipping Order for which the customer must provide a credit card number to secure the TelOnline product. The customer’s credit card will not be subject to any charge unless TelOnline does not receive the product to be returned within thirty (30) days from the date TelOnline sends the replacement product to the customer.

    Any approved RMA should be considered provisional, based on verification of the warranty status when the hardware is received at TelOnline. If TelOnline determines that the hardware is out of warranty, or if the returned product is not defective (No Problem Product) the customer will be notified. TelOnline will not cover shipping, handling and handling costs, or customs for unauthorized hardware to return. At the customer’s discretion, TelOnline may dispose of out-of-warranty hardware or return it to the customer as long as the customer covers the shipping costs. TelOnline aims to receive returns within thirty (30) days from the authorization date. If for any reason the return shipment does not arrive at TelOnline within the next thirty (30) days from the date the RMA was assigned, the customer should contact TelOnline Technical Service so that the estimated date above the product covered by the RMA can be updated and taken into consideration, and proceed to the issuance of an RMA ith an updated date.

  6. Shipping.

    Returns are typically shipped via UPS ground within the US, and via FedEx for international orders. If you have any questions, please contact our Technical Service representative at +1 954.894.6181.

    TelOnline will not be responsible for returns sent without authorization. Please do not return any product that does not have a properly processed and assigned RMA. Before shipping, remove any hardware modules that have not been approved for replacement. TelOnline reserves the right to deny replacement of product that was not approved for pre-shipment replacement.

    Note: Please do not send accessories such as telephone cables, power supply units and their cables, and certificates, unless the product is still unopened in its original box, or by instructions from our Technical Service.

  7. Jurisdiction.

    This agreement is governed and interpreted by the laws of the United States of America, and in those respects that federal laws do not apply, by the laws of the State of Florida, United States of America. All jurisdiction will be determined in accordance with this law. If permitted by applicable law, TelOnline and the customer expressly waive any dispute by jury trial and consent to trial by court and judge. In the event of a dispute, TelOnline and the customer agree to resolve their differences by direct communication between the representatives of each party. The parties agree to attempt to resolve the dispute within fourteen (14) days of direct verbal communication between the representatives of each party and during their goodwill efforts, upon written notification of initiation of the dispute. The party with the dispute must provide written communication and sufficient detail in said communication regarding the nature of the problem and the requested remedy, in order to allow the other party not to invoke this clause and initiate good faith efforts to resolve the dispute. TelOnline and the customer expressly agree that the United Nations Convention on International Sales of Goods is excluded from this agreement and neither party may invoke it.
  1. About the use of images – FreeDigitalPhotos.net

Some images used on this website are under the standard license.

Standard License – FreeDigitalPhotos.net

The images may be used on Websites (for example, websites for companies (for yourself or a client), personal, educational or charitable use, as well as blogs, forums, Facebook and Twitter pages).

Acknowledgments

Image courtesy of stockimages at FreeDigitalPhotos.net : TelOnline thanks all authors who allow the use of their photos or images under these license terms. We value and respect each of the graphic pieces, and whenever possible we mention the author. For more information you can write to Marketing.

  1. About the use of images – Freepik.com

Some images used on this website are under the premium license.

Premium License – Freepik.com: http://www.freepik.com/terms_of_use

The images can be used on website, Software, applications, mobile, Print and digital media (magazines, newspapers, books, cards, labels, CDs, DVDs, movies, television, video, email); Advertising and promotional items; Presentation of products and public events; Multimedia; Decorative (whether public or private).

Freepik content may be used during the rights period, worldwide.

Acknowledgments

Image courtesy of Freepik.com: TelOnline LLC, thanks to all authors who allow the use of their photographs or images under these license terms. We value and respect each of the graphic pieces, and whenever possible we mention the author. For more information you can write to Marketing.

  1. About the use of images – Canva: Visual Suite for Everyone

Some images used on this website are under Canva Pro and Free subscription, more details: [Archive] Free Media License Agreement

“Allowed Uses” of Canva Designs Containing Free Stock Media:

  1. Invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogs, brochures, greeting cards and postcards for promotion and / or resale, with no limit on reproduction quantity;

  2. School or university projects;

  3. social media post or profile picture;

  4. decorative background on a personal computer or mobile device;

  5. Entertainment applications such as unlimited print books and book covers, magazines, newspapers, publishers, newsletters and video presentations, broadcasts and theatricals;

  6. Online or electronic publications, including web pages, blogs, e-books and videos;

  7. Prints, posters (i.e. a hard copy) and other reproductions for personal or promotional purposes, resale, license or other distribution;

  8. Install and use Stock Media in more than one location or post a copy of Stock Media on a network server or web server for the exclusive use of other users employed by you or who provide services to you;

  9. any other use approved in writing by Canva.

In the event that you create a derivative work based on or incorporating the FreeStock Media, all rights in and to such Free Stock Media will remain the property of Canva or its Contributors (unless they are in the public domain), subject to your copyright. use of such archival media in accordance with the terms and limitations set forth in this document.

Canva expressly reserves all other rights in the Free Stock Media for itself and its Contributors.

Acknowledgments

Image courtesy of Canva: Visual Suite for Everyone : TelOnline LLC thanks all authors who allow the use of their photographs or images under these license terms. We value and respect each of the graphic pieces, and whenever possible we mention the author. For more information you can write to Marketing.

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