Peaceful Phone Terms of Service

Last Updated: Tuesday, November 23rd, 2021

A. General

When You use Our Services and Content, You are agreeing to:

Our Terms of Service
Our Privacy Policy
Any other terms or policies we reference below.

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement constitutes the entire understanding between Peaceful Phone and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Peaceful Phone and You in relation to the access to and use of the Service. If any provision of these Terms of Service are held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

B. When Do These Terms Apply?

Summary: By using Peaceful Phone, you are agreeing to all of the terms below and on this page.

By using the Service, You acknowledge that You accept and agree to be bound by these Terms of Service. If You do not agree to these Terms of Service, You may not access the Service, and if You are already registered, cancel Your account.

C. Can These Terms Be Modified?

Summary: We can change these Terms of Service, and if the changes are big, we’ll let you know.

Peaceful Phone reserves the right to revise the Terms of Service from time to time and the most current version will always be posted on our Website. If a revision, in our sole discretion, is material we will notify You. The “Last Updated” date at the top of the Terms of Service reflects the date of the last modification. Your use of the Service following the effective date of any modifications to the Terms of Service will constitute your acceptance of such modification. If You do not agree to the new Terms of Service, You must stop using the Service and you must cancel Your account.

D. What Is the Scope of Peaceful Phone’s Services?

Peaceful Phone is an online platform that provides you with your own "Peaceful Phone" number that works much like having a second cell-phone number. Your Peaceful Phone number allows you to receive and reply to text messages (SMS), responds to inbound voice calls by recording a voicemail from the caller and forwarding it to your cell phone as an SMS.
From time to time we will enhance Peaceful Phone with additional services.

Cannot be used for emergency calls

At no time, present or future, can Peaceful Phone be used to place emergency (e.g. 911) calls

E. What is the Peaceful Phone online guarantee?

Summary: We don’t guarantee that our website or service will be online 100% of the time. Due to the nature of product development and the Internet, our service may have periodic downtimes.

Due to the nature of the Internet, and the public telephone system Peaceful Phone cannot guarantee uninterrupted access and availability of the Peaceful Phone Service. We reserve the right to restrict the availability of our Service or certain features if necessary in view of capacity limits or the integrity of our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the Peaceful Phone Service. Peaceful Phone can improve or modify its Service and may introduce new offerings from time to time.

F. Who Can Access Peaceful Phone and Use the Service?

Summary: Peaceful Phone is intended for Personal or Small Business use by adults

Peaceful Phone is meant to be used by individuals or small businesses as a means for people to hide their "real" cell phone number from companies and individuals who do not or should not need your real cell phone number.

If you are signing up on behalf of someone else, you are acknowledging that you have the right to do so.
You must be at least 18 years old and able to access and use the Service or to create a Peaceful Phone account. By accessing and using our Service, you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a contract.
If you open an account on behalf of a company, organization, or other entity, then “You” includes you and that entity, and You represent and warrant that You are authorized to grant all permissions and licenses provided in this Terms of Service and bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf.
To use our Service, You have to register an account, and create an ongoing monthly or annual subscription. Details on how to do so are provided in the next section.
You understand and agree that You are responsible for paying any and all applicable taxes that may be due as a result of your use of the Service.

G. What Are the Rules for Creating and Maintaining an Account?

Summary: We have certain requirements that you must abide by when you create an account with Us.

To create a Peaceful Phone Account You may be required to provide Peaceful Phone with certain personal information, which may include your full legal name, current address, actual cell phone number, email address, and payment information. This information will be held and used in accordance with Peaceful Phone’s Privacy Policy. You agree that You will supply accurate and complete information to Peaceful Phone, and that You will update that information promptly after it changes. You further agree that:

You shall not create an account or access the Service if You are under the age of 18;
You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself or your entity, which has provided you authorization to create the account on behalf of it;
You shall not have an account or use the Service if You have been previously removed by the Company;
We may reject your registration or cancel an existing registration for any reason at our sole discretion.
We will use the email address you provide as the primary method of communication.
If you attempt to use the service to initiate harassing, annoying, or "robodial" SMS messages this may result in immediate account termination.
Any harassment or insult towards Peaceful Phone employees may result in immediate account termination.
You are solely responsible for keeping your account credentials secure and you may not disclose your credentials to any third party. You must immediately notify Peaceful Phone if you have any reason to suspect that your credentials have been compromised, lost or stolen or in the case of any actual or suspected unauthorized use of your Peaceful Phone Account. You are solely responsible for any and all activities performed through your Peaceful Phone account. Peaceful Phone will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.
Peaceful Phone expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the terms herein. You may terminate your account and participation as a registered user at any time as outlined in "How do I cancel my Peaceful Phone subscription?" below. Before proceeding with deleting your account, make sure that you understand the ramifications. Deleting your account is irreversible and you will not be able to access the data afterwards.

H. How do Payments Work on Peaceful Phone?

Summary: Peaceful Phone is a paid-in-advance monthly or yearly subscription service. You cannot begin to use Peaceful Phone until you have chosen a subscription plan and paid for the first term of the service.

If you have an issue with your service, contact Peaceful Phone before disputing your charge with your credit card company. If you have filed a dispute with your credit card company, we will not be able to issue you a refund, and we cannot make any refunds until the dispute is resolved or cancelled.

Recurring Subscription

By subscribing to a Peaceful Phone Plan, the subscription will continue month-to-month or year-to-year until cancellation or termination. You must cancel your subscription before it renews each month/year in order to avoid billing for the next subscription period.

Billing

By starting your subscription, you authorize us to charge you a full subscription fee. We will not change the price of your chosen subscription without at least 30 days advance notice of the change.
Peaceful Phone reserves the right to adjust pricing for our service. Any price changes to your service will take effect following no less than 30 days notice by email to you.
You will be charged for the subscription fee immediately and the charges will auto-renew every month for monthly subscriptions and every year for yearly subscriptions unless you cancel the subscription.
We automatically charge your payment card every month or every year on the calendar day corresponding to the commencement of your subscription. We reserve the right to change the timing of the charge if your payment card has been declined. In the event your subscription is started on a day not contained in a given month, we will charge your payment card on a day we deem appropriate.
In case you switch from a monthly (not cancelled) to a yearly subscription, your monthly subscription will be terminated immediately and the yearly subscription will be activated starting from the switching date. The amount charged for unused days within your monthly subscription will be proportionally deducted from the yearly subscription fee. For instance, if you switch from a monthly to an yearly subscription plan halfway through the month, you will be charged the yearly subscription minus the sum for unused days in the month.
In case you switch from a monthly (cancelled) but still active to a yearly subscription, your monthly subscription will be terminated immediately and the yearly subscription will be activated starting from the switching date. However, the full amount of the yearly subscription will be charged in this case.

I. How do I cancel my Peaceful Phone subscription?

Summary: We make it very easy to cancel your service

If you wish to cancel your service at any time, simply go to your "Profile page", click "Manage your billing" and use the "Cancel Subscription" button. After cancelation, the subscription will be active until its expiration date but will not be auto-renewed.
SUBSCRIPTION FEE CHARGES ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDIT FOR PARTIALLY USED SUBSCRIPTION PERIODS. After a cancellation, you will continue to have access to the service throughout the end of your billing cycle.
Please note that you must unsubscribe before the next billing cycle to avoid charges for the following month or year. Peaceful Phone Subscription fee charges cannot be refunded.
Peaceful Phone does not automatically get cancelled when you disconnect or change your "Real" Phone. Peaceful Phone must be manually canceled from the Payment section to stop all subscription charges.
Please note these important impacts of cancellation:

Once you cancel you will lose your peaceful phone number forever - You cannot get that number back
If Anyone calls your old peaceful phone number they may no longer hear a voicemail
If Anyone sends a text to your old peaceful phone number the text may be completely ignored
The telephone carriers may assign your old Peaceful Phone number to another user for another purpose (the same thing happens if you give up a cell phone number)

J. Limitation of Liability

Summary: We are not responsible for any losses you incur as a result of using our service. We are not responsible if you break the law or breach this agreement and are sued as a result. Please read this section carefully; it limits our obligation and responsibilities to you.

Limitation of Liability. IN NO EVENT SHALL PEACEFUL PHONE, ITS OFFICER, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISES, OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO PEACEFUL PHONE OR $50.00 (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify and hold Peaceful Phone and, its parent, subsidiaries, affiliates, partners, and Providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.

Warranty Disclaimer. Peaceful Phone controls and operates the Service from various locations and makes no representation that the Service is appropriate or available for use in all locations. Services may not be available in Your location or may vary across locations. THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. PEACEFUL PHONE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

K. What if I Have Legal Issues with Peaceful Phone?

Summary: If you have legal issues with Peaceful Phone, you agree to talk to us first, and if we can’t resolve the situation together, we will follow professional procedures for arbitration. If the issue isn’t arbitrable, all legal issues will be handled in the State of Colorado.

If a dispute arises from or relates to these Terms of Service, You agree to first contact Peaceful Phone Support to attempt to resolve the issue. If the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to the Terms of Service shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

To the extent any claim, dispute or controversy regarding Peaceful Phone or our Service isn’t arbitrable under applicable laws or otherwise, You and Peaceful Phone both agree that any claim or dispute regarding Peaceful Phone will be resolved exclusively in accordance with these Terms of Service.

These Terms of Service shall be governed by the laws of the State of Colorado, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the United States District Court for the District of Colorado, for any actions not subject to Arbitration as outlined herein.

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