Terms & Conditions

YOUR RIGHTS

1.1 Provided you comply with these Terms, and during the active Subscription Term, you are granted a limited, non-exclusive, and revocable right to access and use our Services for your business communication, as outlined in your subscription plan on our website or in an applicable Order Form.

YOUR RESPONSIBILITIES

2.1 Account Usage: Your account access and Service usage are restricted to the specified number of individual users in your Order Form. Each user will have a unique User Login (username and password), and these credentials are non-transferable to maintain individual access integrity.

2.2 Acceptable Use Policy: You agree not to:

• (a) Resell, sublicense, rent, lease, transfer, or otherwise make the Services available to third parties, except for authorized users within your organization;
• (b) Modify, reverse engineer, or attempt unauthorized access to our Services or related systems;
• (c) Use the Services in ways that violate applicable laws or infringe on privacy or other rights;
• (d) Transmit any unlawful, offensive, or harmful content through the Services;
• (e) Spread viruses, malware, or any other harmful code;
• (f) Use automated means to access, scrape, or index any part of our Services;
• (g) Send unsolicited commercial messages;
• (h) Create derivative products or services that compete with our Services.

2.3 Emergency Calls: The Services are not intended for emergency calls. You acknowledge and accept that we are not liable for any emergency call-related issues arising from the use of our Services. Use in India is subject to compliance with local regulations, and our Services cannot be used to connect to Indian landline or mobile numbers without appropriate permissions.

2.4 Call Recording Compliance: Call recording features are available through the Services. You agree to comply with all applicable laws regarding call recording, including obtaining any required permissions. We bear no responsibility for violations of this provision by you.

2.5 SMS Limitations: SMS capabilities for numbers provided through the Services are subject to country-specific regulations. Consequently, the use of SMS for verification, transactions, or promotions via virtual numbers may not be feasible or encouraged.

2.6 Restricted Activities: If we notify you that a particular activity or usage of the Services is prohibited, you agree to cease such use immediately.

2.7 Ownership and Rights: You affirm that you own or hold the necessary rights to transmit any Customer Content through the Services, and that doing so does not violate any applicable laws or infringe on proprietary or privacy rights.

2.8 Billing Terms: Calls will be billed in increments of 60 seconds, with a minimum charge of 60 seconds. DID and toll-free numbers will be made available where applicable. “Short Duration” calls (typically calls of six seconds or less) may incur additional charges, depending on the jurisdiction and usage. If your usage involves Short Duration calls, you must inform TrioPBX in advance. Additionally, we may route Short Duration calls through alternative platforms at our discretion.

SERVICE(S)

3.1 Trial Period: You may request a demo or trial of our Services by creating a trial account, which will be available for a limited period ("Trial Period"). The Trial Period is governed by these Terms and any additional terms we specify. We reserve the right to terminate the Service(s) and your access to it during the Trial Period for any reason, without liability to you.

3.2 Service Updates: Enhancements, new features, and updates ("Updates") to the Services are also subject to these Terms, and we may implement Updates at any time.

3.3 Service Modifications: The features and functionality of the Services, including APIs, may evolve over time; however, we will not materially reduce the overall functionality of the Services.

3.4 Scheduled Downtime: Services may be temporarily unavailable due to scheduled upgrades or maintenance. We will make reasonable efforts to notify you in advance.

3.5 Restricted Use: We do not permit the use of our Services by certain types of businesses. Your access may be immediately terminated without liability if you are involved in any of the following business categories: PC support, printer repair, airline ticketing, traditional healing or spell-casting, customized computer sales, online toy retail, instant email services, SEO, technical support and antivirus services, web design, or online dating.

INTELLECTUAL PROPERTY RIGHTS

4.1 Ownership: Except for the rights granted to you under clause 1, all intellectual property rights in the Services, including patents, trademarks, trade secrets, and other proprietary information (collectively, "Intellectual Property Rights"), are owned exclusively by us.

4.2 Customer Content: You retain ownership of any Customer Content you provide to us. We do not claim ownership over your Customer Content but have a royalty-free license to use it solely for providing, supporting, maintaining, and improving the Services. We may incorporate any suggestions, enhancement requests, recommendations, or other feedback received from you into the Services.

4.3 Reusable Knowledge: We reserve the right to reuse any technical knowledge or insights gathered while providing Services to you. Any rights not expressly granted here are reserved by us.

THIRD-PARTY SERVICES

5.1 Third-Party Integration: Our Services integrate with various third-party services. Your use of these third-party services is subject to their terms, and we are not liable for any issues arising from your use of these services. It is your responsibility to ensure compatibility with our Services and to manage any issues that may arise with the third-party provider. You also confirm you have obtained necessary authorizations and permissions for us to process Customer Content on integrated third-party platforms.

5.2 Data Access and Storage: By authorizing third-party integrations, you allow us to access and store certain data provided by those third parties, and to process this data in accordance with these Terms.

5.3 Content Responsibility: You are responsible for authorizing and managing third-party integrations and for ensuring the accuracy of Customer Content transmitted through our Services. We are not liable for any errors or claims arising from content issues due to unauthorized use or integration.

TRIOPBX PHONE NUMBERS

6.1 Allocation Requirements: You may purchase TrioPBX Numbers for your account, subject to compliance with residency or location requirements. You are responsible for ensuring that these requirements are met.

6.2 Activation and Documentation: Your TrioPBX Number will be activated within 15 business days of purchase, contingent on the submission of required documentation. We may request further documentation or additional details even after the initial submission. We are not liable for delays caused by third-party verification processes.

6.3 Regulatory Compliance: The provision of TrioPBX Numbers is subject to applicable rules and regulatory practices, which may change over time. We reserve the right to modify terms related to TrioPBX Numbers, including residency requirements or additional information requests, as needed for regulatory compliance.

6.4 Suspension and Termination: We reserve the right to block, cancel, or suspend any TrioPBX Number without prior notice if:

• (i) necessary to prevent harm or fraud,
• (ii) required by law, or
• (iii) due to a breach of these Terms. You may be subject to additional charges as outlined in clause 8.2.

6.5 Porting Requests: If you wish to port your TrioPBX Number to another service provider, we will process your request within 15 business days, provided the number is active. We are not liable for delays caused by third-party providers or for any denied requests due to non-compliance with applicable laws.

Fair Use Policy

7.1 For subscribers on unlimited plans, the following terms apply:

• (a) Unlimited plans are for:
  • (i) standard business activities and
  • (ii) live, person-to-person dialogues.
• (b) The following actions are not permitted:
  • (i) Routing or forwarding the TrioPBX number to systems or phone numbers that can handle multiple calls at once, such as a PBX or key system.
  • (ii) Auto-dialing or predictive dialing (using software to continuously dial numbers).
  • (iii) Making outbound calls, sending messages, or using the TrioPBX number as Caller ID via a third-party provider, unless agreed in writing.

7.2 User Information: During user verification, you may be required to provide information for each number, including name, ID, address, business registration (if applicable), IP address, and any other necessary details ("User Information"). You are responsible for keeping this information updated and accurate to reflect the actual user of each number.

7.3 Request for Information: Upon request, you must submit within 24 hours the User Information and any relevant details about the services you provide. Additionally, you must provide contact information for a representative who can respond to law enforcement requests and communications from TrioPBX.

7.4 Unlimited Calling Plans: Unlimited calling plans are subject to fair usage limits. Upon reaching these limits, users will be moved to Call Center Solution plans, which may incur additional charges.

7.5 Office Phone System Plans: For office phone system plans, you may choose a country for minute benefits at the time of purchase. Free minutes (within fair use limits) will apply only for the selected country, excluding any countries on the Exemption List. After exhausting the total combined free minutes, incoming call charges will apply.

7.6 Voicemail Costs: Voicemail costs will match the incoming call rate for the respective number.

7.7 SMS Charges: After reaching fair usage limits, incoming SMS will cost $0.01 per message, while regular SMS rates will apply for outbound messages.

7.8 Office Phone System Usage: The office phone system is intended for small business use. If usage patterns resemble high-volume call center operations, TrioPBX reserves the right to adjust the plan or charge standard rates. TrioPBX may also cancel the account if it falls outside of fair usage standards or shift it to a call center plan.

7.9 Parallel Calls: The office phone system allows up to 30% parallel calls.

7.10 Account Sharing: Accounts must not be shared among multiple users or colleagues.

7.11 Messaging Limits: Messaging services through TrioPBX allow up to 2,000 SMS/MMS segments per day for an approved brand.

Charges and Payment

8.1 Subscription Charges: Subscription fees are due in full and payable in advance upon subscribing to the Service(s) unless stated otherwise in an Order Form. Subscription Charges are detailed on the TrioPBX Pricing Plans page or in an Order Form and may be periodically revised. Such changes will be communicated in advance.

8.2 Administrative Charges: TrioPBX may charge up to $300 USD as an administrative fee per complaint of abusive or fraudulent activity on a TrioPBX number in your account, or per information request from a legal authority. This fee is for cost recovery.

8.3 Payment: You agree to provide valid credit card details (“Payment Method”) and authorize TrioPBX or its payment processor to charge this Payment Method for all Subscription Charges. Unless otherwise specified, invoices are issued at the start of each month, with payment due within 30 days.

8.4 Payment Plans:

• Monthly Plan: Billed monthly per user account, allowing flexibility to add or remove accounts as needed. You pay only for active accounts each month and may cancel anytime without penalty.
• Annual Plan: Requires a yearly commitment, with the ability to purchase additional licenses as needed. License reductions or payment adjustments are allowed only upon renewal. Early cancellations still require full payment for the contracted term.

8.5 TrioPBX Pricing: Standard pricing, terms, and conditions for TrioPBX plans are available on the TrioPBX Pricing page.

8.6 Payment Disputes: Any disputes over Subscription Charges must be raised within 7 days of invoice receipt; otherwise, charges are considered undisputed.

8.7 Refunds and Cancellation Fees: All Subscription Charges are non-refundable unless otherwise stated. No refunds are issued for partial or unused services. Credits offered as promotions or goodwill gestures are non-refundable.

8.8 Late Payments and Non-payment: Payment delays may result in (i) interest charges at 1.5% per month, (ii) suspension of service until payment is received, or (iii) account termination. Payment delays beyond ten days from notification may trigger these actions.

8.9 Additional Terms: Subscription Charges exclude Communication Charges (e.g., carrier fees, internet fees). Usage, including airtime, is billed in full-minute increments. Pay-per-minute billing rounds each call to the nearest full minute.

8.10 Taxes: Subscription Charges exclude any applicable taxes or levies. Where applicable, you must notify TrioPBX of withholding taxes or deductions, and any withholding must be agreed upon in advance. Upon request, you will provide documentation of tax payments.

Term, Termination, and Suspension

9.1 Termination by You: You may terminate one or more of your accounts if we materially breach these Terms, provided you give us prior notice of the breach and allow us at least thirty (30) days to remedy it. In the event of such termination, we will refund, on a pro-rata basis, the remaining Subscription Charges for the unused portion of the Subscription Term.

9.2 Suspension and Termination by Us: In addition to suspending accounts due to late or non-payment of Subscription Charges, we may also suspend your account if you violate these Terms. If we find your activities in breach of these Terms, we will notify you and may, at our discretion, provide a fifteen (15) day period ("Cure Period") for you to correct or stop the violating activities. If the issue is not resolved within the Cure Period, or if we believe it cannot be resolved, we may terminate your account. We may also end any Trial Period per clause 3.1 and reserve the right to terminate your account at any time, with notice, due to business decisions, including discontinuation of the Service(s).

9.3 Termination for Insolvency: Either Party may terminate these Terms if the other Party becomes insolvent, makes an assignment for the benefit of creditors, is subject to voluntary or involuntary bankruptcy proceedings (unless dismissed within sixty (60) days), or has a receiver or trustee appointed over most of its assets.

9.4 Effect of Termination: Following termination, whether initiated by you or us, we will delete all Customer Content within two (2) years of the termination date (“Retention Period”). During this time, you may request an export of your Customer Content by emailing us at legal@triopbx.com. Upon termination, all allocated TrioPBX Numbers will be deactivated, and any unused calling credits will be canceled, with no refund, unless otherwise specified in writing.

Confidentiality, Data Privacy, and Security

10.1 Account Security: If you choose or are provided with a user ID, login, password, or other security credentials, you must treat this information as confidential and not disclose it to third parties. We reserve the right to disable any account credentials if we reasonably believe you are not complying with these Terms. We are not responsible for any data access or loss in your account resulting from your failure to secure these credentials.

10.2 Confidentiality Obligations: Each Party agrees to protect the other’s Confidential Information with the same care as it does its own, and no less than reasonable care. Each Party may use the other’s Confidential Information solely for fulfilling its rights and responsibilities under these Terms and may share this information only with employees, representatives, or agents who need it for these purposes and are bound by confidentiality agreements. This clause supersedes any prior non-disclosure agreements related to Customer Content.

10.3 Security of Customer Content: We will implement technical and organizational measures to safeguard Customer Content, providing a level of security appropriate to the risks of processing such data. We will promptly notify you in case of accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to Customer Content processed by us.

10.4 Data Processing: We process Customer Content in accordance with these Terms and our Privacy Policy, to provide, maintain, and improve the Service(s), address technical issues, or assist with support requests. For any Personal Data originating from the EU, UK, Switzerland, or USA, we comply with our Data Protection Agreement (DPA), available at TrioPBX’s DPA.

10.5 Data Processing on Your Behalf: You acknowledge that, in your use of the Service(s), we act solely as a data processor, processing Personal Data on your behalf.

10.6 Legal Compliance and Disclosure: You agree that we may access or disclose information about you, your account, users, or Customer Content as necessary to (a) comply with legal obligations or requests or (b) protect the proprietary rights of our group companies or customers. You further agree to provide requested information within 24 hours to comply with law enforcement orders. Additionally, we may, at our discretion, report any suspected fraudulent, abusive, or illegal activity to law enforcement.

10.7 Compliance Assistance: We will reasonably assist you, at your expense, in meeting your obligations under applicable data protection laws.

Disclaimer of Warranties

11.1 Services on an "As-Is" Basis: The Service(s), including all server and network infrastructure, are provided "as is" and "as available." All express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are excluded.

11.2 No Guarantee of Service Continuity: You acknowledge that we do not guarantee uninterrupted, timely, secure, or error-free access to the Service(s), which rely on the internet and various telecommunications networks beyond our control. Additionally, we do not warrant the Service(s) to be free from viruses or other malicious software.

Limitation of Liability

12.1 Limitation on Indirect Damages: To the maximum extent allowed by applicable law, neither party shall be liable to anyone for indirect, incidental, special, punitive, or consequential damages (including, but not limited to, lost profits, revenues, sales, goodwill, use, or content, or any impact on business, interruption, anticipated savings, or lost business opportunities) arising from any cause or under any theory of liability, including contract, tort, or negligence. Even if informed of the possibility or foreseeability of such damages, liability is limited. Our total liability, along with that of our affiliates, officers, employees, agents, suppliers, and licensors, related to the Service(s), shall not exceed one hundred US dollars ($100).

12.2 Jurisdiction-Specific Limitations: In jurisdictions where exclusion of implied warranties or limitations on incidental or consequential damages are restricted, our liability shall be limited to the fullest extent allowed by law.

12.3 Trial Period Disclaimer: Notwithstanding other provisions, we disclaim all liabilities, to the greatest extent permitted by law, with respect to the Service(s) offered during any trial period.

Indemnification

13.1 Indemnification by You: You agree to indemnify and hold us harmless from any claims brought by a third party against us, including our employees, officers, directors, and agents, arising from your actions or omissions related to these Terms, provided that:

• (a) we promptly notify you of such claims;
• (b) you have full control and authority over defense or settlement decisions, including selection of legal representation; and
• (c) we cooperate fully with you in managing the defense.

Miscellaneous

14.1 Assignment: You may not assign this Agreement or any associated rights or obligations without our prior written consent, whereas we may assign our rights and obligations without such consent. This Agreement is binding upon and benefits the Parties and their successors and permitted assigns.

14.2 Amendments: We may amend these Terms periodically, in which case updated Terms will replace previous versions. We will notify you at least ten (10) days prior to any amendments becoming effective. Your continued use of the Service(s) after the effective date of any amendment indicates your acceptance.

14.3 Severability and Waiver: If any provision in these Terms is deemed unenforceable by a court of competent jurisdiction, it shall be modified to best accomplish its intended purpose to the extent allowed by law, while remaining provisions stay in effect. Our non-exercise of any right does not constitute a waiver of that right.

14.4 Relationship: The Parties are independent contractors. These Terms do not create any partnership, franchise, joint venture, agency, fiduciary, or employment relationship.

14.5 Survival: Provisions intended by nature to survive, including Clauses 4 (Intellectual Property Rights), 8 (Charges and Payment), 9 (Term, Termination, and Suspension), 10 (Confidentiality; Data Privacy and Security), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Miscellaneous), and 15 (Definitions), will survive termination of this Agreement. Termination shall not limit either Party’s liability for obligations accrued prior to termination or for any breach of these Terms.

14.6 Notices and Electronic Communication Consent: Notices from us under these Terms may be delivered in writing (i) by a nationally recognized overnight delivery service ("Courier") or to the mailing address you provided when subscribing, or (ii) by email to your Account’s registered email. Our notice address is: Signature 2, Block D, Third Floor, Sarkhej Sanand Cross Road, Ahmedabad-380015, and via legal@triopbx.com. Notices are deemed effective upon delivery by email or upon receipt or, if earlier, two (2) business days after being mailed or couriered.

14.7 Publicity: You grant us a royalty-free, worldwide, transferable license to use your trademark or logo for identifying you as our customer on our websites or marketing materials.

14.8 Export Control Compliance: Both Parties will comply with export control and sanctions laws in applicable jurisdictions. You will obtain all required licenses or authorizations to export, re-export, or transfer the Service(s). Both Parties represent they are not on any prohibited or restricted list, including sanctions lists. You agree to discontinue use of the Service(s) if you are placed on any sanctions list and to revoke an End User’s access if they are listed.

14.9 Governing Law and Dispute Resolution: These Terms are governed by the laws of the Republic of India. Both Parties agree to the exclusive jurisdiction of Ahmedabad, India, courts. Disputes will first be settled through arbitration under the Arbitration and Conciliation Act, 1996, with proceedings in English and the seat in Ahmedabad, India. A sole arbitrator appointed mutually by the Parties will issue a binding decision.

14.10 Entire Agreement: These Terms, along with any Order Forms, represent the complete agreement, overriding prior agreements related to the subject matter hereof. In case of conflict between these Terms and an Order Form, the Terms shall prevail; between two Order Forms, the later-dated form will take precedence.

14.11 Force Majeure: We shall not be liable for Service unavailability due to circumstances beyond our control, including natural disasters, government actions, civil unrest, pandemics, technical failures, unauthorized content loss, or actions by third parties such as distributed denial-of-service attacks.

Definitions

In these Terms, the following terms carry these meanings:

• Account: An account created by you or on your behalf for accessing and using the Service(s).
• API: Application programming interfaces developed or licensed to us, allowing access to certain Service functionality.
• TrioPBX Numbers: Phone numbers we provide as part of the Service(s).
• Confidential Information: Information labeled as confidential or reasonably understood to be confidential based on its nature and the circumstances of disclosure. Customer Content is deemed Confidential Information. Exclusions apply as defined.
• Customer Content: All data submitted by you through your Account in connection with your Service(s) use, including personal data and content.
• Documentation: Written or electronic materials specifying Service functionalities provided by us.
• End User: A third-party individual or entity interacting with you through the Service(s).
• GDPR: The General Data Protection Regulation, (EU) 2016/679.
• Order Form: A service order form specifying subscribed Service(s), features, and Subscription Term.
• Personal Data: Data relating to identifiable individuals.
• Processing: Any operation on Personal Data, such as collection, storage, and erasure.
• Service(s): The proprietary, cloud-based communication platform accessible at https://triopbx.com, including all updates and associated Documentation and APIs.
• Subscription Charges: Fees for Account and Service(s) use.
• Subscription Term: Period agreed upon for Service(s) use per the Order Form.
• Third-party Service(s): Third-party applications or services integrated with the Service(s) that require separate accounts.
• User: Account administrators, agents, or other designated users within the Service(s).
• Website: Any website operated by us, including triopbx.com.
• We, Our, Us, TrioPBX: The entity invoiced upon subscribing to our Service(s).