Ooma Voice and Messaging Services Terms and Conditions for Enterprise Customers

Last Updated: June 7, 2024

These Ooma Terms and Conditions for Enterprise Voice and Messaging Services govern the use of voice, messaging, and other communication Services and Equipment from Ooma (the “Voice T&Cs”) by Enterprise Customers and are subject to the applicable terms and conditions available at https://www.ooma.ca/legal/enterprise-terms/ (the “Terms”), which are incorporated herein by reference. Capitalized terms not defined herein will have the same meaning as in the Terms. To the extent there is any conflict between the Terms and the Voice T&Cs, the applicable terms of the Voice T&Cs shall govern.

1. Phone Numbers
   1. Assignment of Numbers. Customer may have the option to choose or be assigned a phone number. This phone number may or may not be in Customer’s local calling area. If the phone number is not in Customer’s local calling area, others in Customer’s local calling area may incur charges when calling Customer and toll charges may be different than at Customer’s former number.
   2. Number Porting. You must provide a complete list of phone numbers to be ported for use with our Services. Any omitted numbers may result in those numbers not being ported at the time of Service activation. Ooma will use reasonable efforts to facilitate the transfer of Customer’s phone number(s), if requested. Number porting is subject to availability and coverage will vary from time to time. Ooma relies on third parties outside of Ooma’s control for number porting. Ooma will not be liable for any change in availability, delay or failure in the processing of a number transfer, or for the unauthorized transfer of a number Customer uses with the Ooma Service.
   3. Number Changes. Ooma may, from time to time, need to change a telephone number assigned to Customer. Ooma will not be liable for any damages should Customer need to be assigned a new phone number.
   4. Post-Termination Number Porting. Customer is responsible for promptly arranging to have its phone numbers ported to another service provider following termination of the Services. Customer must notify Ooma by emailing enterprisesupport@ooma.com of the number(s) ported to another service provider in order for Ooma to close the Customer account. To complete the number porting process, Ooma relies on the third parties outside of Ooma’s control. Customer agrees that Ooma will not be liable for any change in availability, delay, or failure in the processing of a number transfer. Customer is responsible for any fees or costs associated with porting its number(s) to another service provider.
2. User Guidelines
   1. Unauthorized Calling and Messaging. Customer is solely responsible for selection, implementation, and maintenance of security features for protection against unauthorized calling and messaging, such as firewalls and passwords. Customer agrees to notify Ooma promptly if it becomes aware of any fraudulent or unauthorized use of its account. Ooma shall not be liable for any damages whatsoever resulting from fraudulent or unauthorized use of Customer’s account and the payment of all charges to Customer’s account shall be and remain the sole responsibility of Customer.
   2. Reasonable Use Policy. Customer must abide by the Reasonable Use Policy set forth in this Section and not use the Services in a manner constituting abusive or excessive use. Ooma’s Services are for normal, reasonable business use and consistent with the types and levels of usage by typical customers on the same business calling plan. “Normal Use” refers to the calling patterns of at least 95% of Ooma’s enterprise customers on the same business calling plan. A Customer’s aggregate usage may be considered outside of Normal Use if it involves:
      1. An excessive number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame;
      2. An excessive number of inbound domestic toll-free calling patterns during a month;
      3. Other abnormal calling or messaging patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy; or
      4. A Prohibited Use, as set forth below.
   3. Unique Business Use. Unless otherwise authorized by Ooma, Services and Ooma Equipment are not intended for use by unique organizations such as call centers, resellers, fax messaging services, telemarketing firms, or for use without live dialog, such as transcription services, intercom or monitoring services.
   4. Excessive Use of Unlimited Plans. Unlimited voice plans are to be used for normal voice and/or text message-related communications with aggregate usage that falls within the range of Normal Use. Use of unlimited “paperless facsimile” service must also fall within the normal range of similarly-situated business customers and shall in no event exceed 500 transmitted pages sent or received per month. In addition, Customer agrees that it will not employ methods or use devices to take advantage of unlimited plans by using the Services excessively or for means not intended by Ooma.
   5. Additional Prohibited Uses. Neither Customer nor any End User of the Services may use the Services in any of the following ways (a “Prohibited Use”)
      1. to intentionally send or transmit unsolicited or “junk” or “spam” advertisements, communications, or messages (commercial or otherwise) without consent, including without limitation through email, voicemail, SMS, text, facsimile, or internet facsimile;
      2. to intentionally send SMS / MMS Content, whether sent via a mobile app, desktop app, API, third-party provider, or third-party platform, in a manner not compliant with the CTIA messaging guidelines, the Short Code Monitoring Handbook, T-Mobile’s Code of Conduct, AT&T’s Code of Conduct, or The Campaign Registry registration requirements, to the extent applicable;
      3. to intentionally engage in blasting or broadcasting bulk communications, advertisements, or messages (e.g., sending hundreds of messages simultaneously), including without limitation through email, voicemail, SMS, text, facsimile, or internet facsimile;
      4. to perform auto-dialing, “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls), or sequential number dialing in violation of applicable Law;
      5. to transmit any communication that would violate any applicable Law, including but not limited to the Telephone Consumer Protection Act, the Junk Fax Prevention Act of 2005, or the rules governing the DoNotCall Registry Rules;
      6. to transmit misleading or inaccurate caller ID information or email/SMS address or header; or
      7. engage in or allow trunking or forwarding of your Ooma telephone or facsimile number to (an)other number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
3. Blocking Calls. Without limiting Ooma’s right to terminate, Ooma may choose to block toll calls or charge Customer for reimbursement of charges associated with calls if such calls result in atypical termination costs and/or surcharges, including, but not limited to, calls to “free” phone conferencing services, “free” call management services, phone chat services, 900 numbers or the international equivalent of any of the foregoing, or recorded messages (such as those promoted in connection with reality TV shows, radio contests, or celebrity-sponsored recordings).
4. Transcripts; Recording Conversations or Calls. Certain features of the Services may allow Customer or End Users to record or transcribe calls or other communications. Notice and consent requirements vary from jurisdiction to jurisdiction. Customer should, and should require all End Users to, consult with an attorney prior to recording or transcribing any communication as some jurisdictions require prior consent of some or all parties. Customer represents, covenants, and warrants that it will review all applicable Laws before it uses or allows use of the Services to record or transcribe any calls or other communications and will at all times comply with all applicable Laws. Customer agrees to inform all its End Users that they are obligated to comply with all Laws relating to their use of any recording or transcription feature. It is the sole responsibility of Customer and Customer’s End Users to comply (and ensure compliance) with all Laws related to recording or transcription features. Ooma disclaims all liability arising from any violation of such Laws.
5. Service Distinctions and Limitations
   1. Voice-to-Text Limitations. Some Ooma Services provide a function that allows voicemails to be converted to text. This voice-to-text conversion may not be accurate. Customer is responsible for verifying the accuracy of the conversion. Certain Services utilize human-aided conversions and, as a result, the privacy of messages and their content cannot be guaranteed. Customer hereby releases all claims against Ooma and its third-party providers with respect to the voice-to-text service.
   2. May Not Support x11 Calling. The Ooma Equipment, if not connected to a landline, may not support 311, 511 and/or other x11 services (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in the Terms, and 711, which is used to access telecommunications relay services).
   3. No 0+ or Operator Assisted Calling. If not connected to a landline, the Ooma Equipment does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling card calls).
6. Service Levels. Ooma will use commercially reasonable efforts to minimize service disruptions and outages. In the event of service disruptions or outages, Customer’s sole remedy, and Ooma’s sole obligation, shall be to provide the service level credits and/or remedies for the applicable Service in accordance with the Service Level Agreement attached hereto as Exhibit A(the “Service Level Agreement”). Ooma may update the Service Level Agreement from time to time upon notice to Customer.

© by Ooma, Inc.

Exhibit A

Ooma Service Level Agreement for Voice and Messaging Services

Ooma provides the following service-level agreement (“SLA“) for Customer and its individual End User Locations:

1. Ooma agrees to respond to all SLA-related inquires within the stated time frames, below, 95% of the time in each calendar month:

   Contact Hours	Urgent Priority Initial Response	Medium Priority Initial Response	Low Priority Initial Response
   Monday – Friday, 5 am to 5 pm PT; Saturday, 6am – 2pm PT	1 hour	4 hours	24 hours
   All other dates/times & holidays	4 hours	Next Business Day	Next Business Day

2. In each End User Location where Ooma provides access to the Service, a guarantee of 99.999% service uptime will be provided accordingly. “End User Location” means any single location where a Customer End User receives Services. Subject to the following limitations, in any calendar month in which at least fifteen (15) minutes of downtime occurs at an End User Location, Ooma shall provide credits to the Customer as shown below (the “Service Credits”).

   Minutes of downtime	Amount of Service Credit
   15-30 minutes	1 day credit
   31-60 minutes	2 day credit
   61-120 minutes	4 day credit
   121-240 minutes	6 day credit
   Over 241 minutes	8 day credit

3. Service downtimes in multiple End User Locations cannot be combined and Service Credits will only be calculated based on the minutes of downtime for each End User Location.
4. Service Credits will be applied against future payments due to Ooma. Service Credits will not entitle Customer to any refund or other payment from Ooma and may not be transferred or applied to any other account or End User Location or exchanged for, or converted to, monetary compensation. Customer’s sole and exclusive remedy for any unavailability, non-performance, or failure by Ooma to provide the Services is the receipt of a Service Credit in accordance with the Terms. In order to receive any of the Service Credits described above, Customer must notify Ooma by email or otherwise in writing within thirty (30) days from the time Customer becomes eligible to receive the Service Credits.
5. Service Credits do not apply in the case of performance issues caused by: (i) factors outside of Ooma’s reasonable control; (ii) any actions or inactions of Customer or any third parties; (iii) site electrical and internet outages; or (iv) malfunctioning hardware managed and owned by the Customer, such as Customer’s Broadband Connection or Broadband Modem.
6. Ooma cannot guarantee any quality of service using Customer’s Broadband Connection or Broadband Modem, nor can we monitor the health of the Broadband Modem circuit. Any call quality or Broadband Connection related issues will not be Ooma’s responsibility, nor does Ooma have the ability to improve the call quality. Ooma will undertake to provide its own dedicated voice circuits with Ooma provided modems and routers, and when available Ooma will migrate the voice services to these circuits, after which Ooma’s SLA shall apply. Ooma cannot provide any assurances that any Customer-furnished switch will interoperate properly with Ooma’s equipment. If Ooma cannot successfully utilize Customer-furnished devices, Ooma will provide a suitable PoE switch that has been certified with the Ooma network, and this will be done at the Customer’s expense.