Terms of Service

Effective date: October 16, 2026  |  Last updated: October 16, 2026

These Terms of Service (“Terms”) govern your use of www.xiaphia.com (the “Site”) and the business communication services provided by Xiaphia Technologies ([full legal entity name], “Xiaphia”, “we”, “us”), including hosted and cloud PBX, call center solutions, provider migration, voice, SMS/MMS messaging and fax (the “Services”). By using the Site or Services you agree to these Terms and to our Privacy Policy. If you use the Services for a company, you confirm you may bind that company (“Customer”). Written order forms or service agreements signed with us take priority over these Terms where they conflict.

1. The Site

The Site provides information and tools such as a savings calculator and pricing. Calculator results and prices shown are estimates for information only. They are not a quote or a guarantee of savings. Your actual price depends on your confirmed order, usage, taxes and fees. We may change the Site, prices and plans at any time, but a confirmed order keeps its agreed price for its term.

2. Services, accounts and fees

• We provide the Services described in your order. You must give accurate account information and keep your credentials secure. You are responsible for activity under your account.
• Fees, billing cycles, included minutes or extensions, overage rates, and any taxes, regulatory and carrier pass-through fees are as stated in your order or invoice. Unpaid amounts may lead to suspension after notice.
• Unless your order says otherwise, subscriptions renew for the same term. Either party may end the agreement under the notice terms in the order. Number porting and migration timelines depend on the losing carrier and are not guaranteed.

3. Voice services and emergency calling

VoIP and cloud telephony depend on power and internet connectivity and can behave differently from traditional phone lines. Emergency (911) calling requires an accurate, current service address registered by the Customer, and may not work during power or internet outages. Customers must tell all users about these limits. Call recording, where enabled, must comply with applicable consent laws; the Customer is responsible for giving required notices.

4. Acceptable use (all Services)

You may not use the Services or Site to: break any law or regulation; send spam or unlawful, deceptive, harassing, threatening or infringing content; spoof caller ID in violation of law or make unlawful robocalls (including calls that violate STIR/SHAKEN rules or the Telephone Consumer Protection Act); interfere with or try to gain unauthorised access to the Services, networks or others’ accounts; resell the Services without our written permission; or use the Services in a way that harms our carriers, our reputation or other customers. We may suspend or restrict traffic that appears to violate these rules or carrier requirements.

5. Text messaging (SMS/MMS) terms

5.1 Messages sent by Xiaphia

• Program description: Xiaphia sends texts about your enquiry and consultation (for example confirmations and replies), account and service notices, and, only if you opt in, promotional offers about our business communication Services.
• How you opt in: by giving your mobile number on one of our forms or to a team member together with a clear agreement to receive texts, or by texting a keyword we publish. Consent to receive marketing texts is not a condition of purchasing any goods or services.
• Frequency: message frequency varies. Message and data rates may apply.
• Opt out: reply STOP (or END, CANCEL, UNSUBSCRIBE, QUIT) at any time. We send one confirmation and then no more texts. Reply HELP for help, or contact us at +1 (332) 208-0005 or faisal.ahmad@xiaphia.com.
• Carriers: wireless carriers are not liable for delayed or undelivered messages.
• Privacy: see our Privacy Policy. We do not share mobile opt-in data or consent with third parties or affiliates for their marketing purposes.

5.2 Customers who send messages with our Services

If you send SMS/MMS using our Services, you agree that you:

• are the “sender” of your messages and are solely responsible for their content and for compliance with the Telephone Consumer Protection Act (TCPA) and the FCC’s rules, the Telemarketing Sales Rule, the CAN-SPAM and state telemarketing and “mini-TCPA” laws, the CTIA Messaging Principles and Best Practices, and carrier and The Campaign Registry (TCR) requirements;
• will register your brand and each messaging campaign (use case, sample messages, opt-in flow and opt-out and help language) with us for 10DLC or toll-free verification before sending, give truthful, complete and current registration information, and not send traffic outside the registered use case;
• will send only to recipients who have given the consent the message type requires (prior express written consent for marketing), keep verifiable consent records (who, when, how, what wording, source) and give them to us on request;
• will honour opt-outs immediately, process STOP, END, CANCEL, UNSUBSCRIBE and QUIT, respond to HELP, and respect applicable calling and sending-hour restrictions, including the Do-Not-Call registries where they apply;
• will not use purchased, rented, scraped or shared lists, will not use shared short codes or number rotation to avoid filtering (“snowshoeing”), and will not hide the sender’s identity;
• will not send prohibited content, including illegal content; content that promotes or facilitates S.H.A.F.T. topics (sex, hate, alcohol, firearms, tobacco) except where lawful, age-gated and permitted by the carriers; phishing; unlawful loans, debt or gambling offers; or content that violates carrier policy.

Carriers apply registration reviews, throughput limits, filtering, surcharges and fees. We may pass these through to you. We do not guarantee that any message will be delivered or that any campaign will be approved. We may suspend or terminate messaging immediately if we or a carrier believe traffic breaks these rules, exceeds complaint thresholds, or risks our carrier relationships. Customers must indemnify us for claims and penalties arising from their messages (see section 9).

6. Fax terms

• Customers may use fax to send documents to recipients who have a business relationship with them or who have given permission. Unsolicited advertising faxes are prohibited unless sent in compliance with the Telephone Consumer Protection Act and the Junk Fax Prevention Act (including an established business relationship, the required opt-out notice and a working opt-out method).
• Customers are responsible for fax content, recipient numbers and compliance with laws that apply to that content. Faxes can contain sensitive data. Do not send protected health information or other regulated data through the Services unless we have agreed in writing that the Services are suitable for it.
• Fax delivery depends on the receiving device and networks. We do not guarantee delivery, quality or timing. We keep fax documents only as long as needed for transmission and any retention set by you or us.

7. Intellectual property and feedback

The Site, Services and our content belong to us or our licensors. We grant you a limited, revocable right to use them as intended. If you give us feedback or testimonials, you allow us to use them as you agreed when you submitted them (for example, anonymously or with your name and company). You can ask us to remove them at any time.

8. Disclaimers

The Site and Services are provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise uninterrupted or error-free service, specific cost savings or specific call quality. Uptime commitments, if any, appear only in a signed service agreement.

9. Limitation of liability and indemnity

To the fullest extent the law allows, Xiaphia and its owners, staff and suppliers will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business, and our total liability for any claim relating to the Services will not exceed the fees you paid us for the Services in the three months before the event that gave rise to the claim. Some jurisdictions do not allow certain limits, so they may not apply to you. You will defend and indemnify us against third-party claims, fines and carrier penalties arising from your content, your messages, calls or faxes, your breach of these Terms or your violation of law.

10. Suspension and termination

We may suspend or end access if you breach these Terms, if required by law or a carrier, or to protect the network or other users. On termination you must pay amounts owed. Sections that by their nature should continue (including 7 to 12) will continue.

11. Governing law and disputes

These Terms are governed by the laws of the State of [state], without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in [county, state], unless your signed agreement says otherwise. Before filing a claim, each party agrees to try in good faith to resolve it by contacting the other.

12. Changes and contact

We may update these Terms. The date at the top shows the latest version, and continued use after a change means you accept it. Questions: Xiaphia Technologies, [street address, city, state, ZIP], +1 (332) 208-0005, faisal.ahmad@xiaphia.com.