Terms of Service

These terms cover two things: browsing blinksoft.ai, and subscribing to the Blinksoft business phone system. Section 6 explains how 911 works on a VoIP phone system and how it differs from traditional phone service. Please read it — it is the most important section here.

The plain-language commitments we market are part of this agreement, not marketing: nothing is binding until your system is fully installed, tested, and signed off; your pricing is protected for your full term; if a fee is not a line item on your signed Service Order, you will never pay it — everything else is included in your monthly number, with state sales tax the only addition; and at the end of your term you may buy out your equipment or upgrade to new equipment. Nothing elsewhere in these Terms walks those commitments back.

1. Acceptance of these terms

These Terms of Service (the "Terms") are a legal agreement between you and Blinksoft LLC ("Blinksoft," "we," "us," or "our"), a company with its principal place of business in Uniondale, New York. They apply to you if you do any of the following: visit or use blinksoft.ai or any Blinksoft subdomain or landing page; submit a form, request a demo, or start a trial; or subscribe to, administer, or use the Blinksoft business phone system.

If you do not agree to these Terms, do not use the Sites or the Service. If you are agreeing on behalf of a company or other organization, you represent that you have authority to bind it, and "you" means that organization.

Order of precedence. If you have signed a Service Order, Quote, or Statement of Work with Blinksoft, that document controls wherever it conflicts with these Terms. These Terms fill in everything the signed document does not address, and they govern on their own for website visitors, trial users, and anyone without a signed agreement.

2. Definitions

"Service" — the Blinksoft business phone system, including interconnected VoIP calling, messaging, voicemail, call recording, AI transcription and summarization, the administrative portal, mobile and desktop applications, APIs, and related support. "Sites" — blinksoft.ai and any Blinksoft-operated subdomain or landing page. "Customer" — the organization that subscribes to the Service. "End User" — any person the Customer permits to use the Service, including employees and contractors. "Customer Content" — call audio, recordings, transcripts, voicemail, messages, contacts, and other data transmitted through or stored in the Service by or for the Customer. "Equipment" — phones, adapters, routers, switches, and other hardware sold, leased, or provided by Blinksoft. "Registered Location" — the physical street address, including floor, suite, or room where applicable, that the Customer associates with a device or extension for emergency dispatch. "Acceptance" — the Customer's sign-off after installation and testing under Section 5.

3. Use of the website

You may use the Sites for lawful purposes and to evaluate our products. You may not: scrape, crawl, harvest, or systematically extract content except as a well-behaved search engine crawler that respects our robots.txt; submit false information, use another person's identity, or submit a phone number or email address you are not authorized to use; probe, scan, or test the vulnerability of the Sites, or attempt to gain unauthorized access; interfere with the Sites through automated traffic, denial-of-service techniques, or malicious code; or use the Sites to develop a competing product, or reproduce our content for commercial purposes without written permission.

Content on the Sites — including pricing, availability, comparisons, savings figures, and feature descriptions — is provided for general information and may change without notice. Statements about savings or performance reflect typical results for representative customers and are not a guarantee of the results you will get.

4. Intellectual property

The Sites and the Service, including all software, interfaces, documentation, text, graphics, and the Blinksoft name and logo, are owned by Blinksoft or its licensors and are protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription, solely for your internal business purposes. You may not copy, modify, reverse engineer, decompile, create derivative works from, sublicense, resell, or provide the Service to third parties as a service bureau, except as expressly permitted in a signed agreement.

Customer Content remains yours. You grant us a limited license to host, transmit, process, and display Customer Content solely to provide the Service, to support you, and to meet legal obligations. We may use aggregated, de-identified data that does not identify you or any individual to operate and improve our services. If you send us feedback, suggestions, or feature ideas, we may use them freely without obligation or compensation.

5. The Service, your order, and acceptance

Your subscription is defined by your Service Order or Quote: the number of seats, the features included, the rates, the term, and any hardware. We will provision the Service and port numbers on a schedule we agree with you, subject to third-party carrier timelines we do not control.

Nothing is binding until your system is fully installed, tested, and you have signed off. No term begins and no recurring charge accrues before Acceptance. If we cannot deliver what the Service Order describes, you may cancel before Acceptance without charge, and we will remove any Equipment at our expense. From Acceptance, your term and billing begin.

The Service is designed for business use in the United States. It requires a working broadband internet connection and electrical power that you supply and maintain. Call quality depends on that connection; we can advise on network configuration, but we are not responsible for degradation caused by your network, your ISP, or the public internet.

We may modify, improve, or discontinue features. If we discontinue a material feature you rely on and do not offer a substantially equivalent replacement, you may terminate the affected portion of the Service without early termination charges by giving notice within 30 days of our announcement.

6. 911 AND EMERGENCY CALLING — IMPORTANT

911 service on an interconnected VoIP system works differently than 911 on a traditional analog phone line, and it may be unavailable in circumstances where a traditional line would still work. By using the Service, you acknowledge these limitations, and you agree to inform every End User of them.

When 911 will not work. Power failure: if electrical power to your phones, routers, or switches is lost, the Service — including 911 — will not function until power is restored; battery backup is your responsibility. Internet outage or congestion: if your broadband connection fails, is throttled, or is severely congested, 911 calls may fail or be delayed. Service suspension: if your account is suspended or terminated for non-payment or a violation of these Terms, 911 may be unavailable. Network or provider outage: failures within our network, our carriers, or emergency routing providers may prevent completion of 911 calls. Relocated equipment: if you move a phone or softphone to a different address without updating the Registered Location, your call may be routed to the wrong emergency center and dispatchers may be sent to the wrong address.

Your obligation to register and maintain accurate locations. You must provide a valid physical street address for every device and extension — not a P.O. box — including floor, suite, or room number where the building requires it to locate a caller. You must update the Registered Location before moving a device, and promptly whenever an address changes; updates may take up to 48 hours to propagate to emergency routing databases. You are responsible for the accuracy of location information for remote and hybrid workers using softphones or mobile applications. We are not liable for calls routed to the wrong emergency center or for dispatch to the wrong address as a result of location information you failed to provide or update.

Direct dialing and on-site notification. Consistent with Kari's Law and the RAY BAUM'S Act, the Service is configured so that a user can dial 911 directly, without a prefix such as 9, and so that a notification of a 911 call is sent to a designated on-site contact. You must supply and keep current the notification destination — email address, extension, or number — and must not reconfigure the system to defeat direct dialing or notification.

Alternative arrangements. Blinksoft strongly recommends that you maintain an alternative means of calling 911 — mobile phones, or at least one traditional analog line — and that you post notices at each location informing users of these limitations. We provide warning labels on request.

Third-party liability. To the fullest extent permitted by law, and consistent with the protections afforded to traditional carriers, neither Blinksoft nor its officers, employees, carriers, or emergency routing vendors is liable for any claim, damage, or loss — including claims by third parties — arising from or relating to 911 service, its unavailability, misrouting, or delay, other than in cases of our gross negligence or willful misconduct. You agree to defend and indemnify us against such third-party claims. This section survives termination.

7. Equipment, numbers, and porting

Equipment. Purchased Equipment becomes yours on full payment and carries the manufacturer's warranty, which we will pass through; during your term, we repair or replace failed Equipment we provide as part of support. Leased or included Equipment remains ours during the term. At the end of your term you may (a) buy out your Equipment at the price stated in or calculated under your Service Order, (b) upgrade to new equipment under a renewal Service Order, or (c) return it in working condition within 30 days of termination; unreturned units may be invoiced at the replacement rates in your Service Order. Do not modify Equipment firmware or use it with another provider while it is under our lease.

Telephone numbers. Numbers assigned to you by Blinksoft are administered under FCC numbering rules and are not property you own. You may port them to another provider, and we will not block or unreasonably delay a valid port-out request. Porting requires that your account information match carrier records; we may require that undisputed past-due balances be settled before releasing a number where permitted by law. Numbers may be reclaimed after an account is closed for 30 days.

Porting in. You authorize us to act as your agent to port your existing numbers, and you represent that you are authorized to do so. Porting timelines are set by the losing carrier and are outside our control; we will not schedule a cutover without your confirmation. Do not cancel your existing service until porting completes.

8. Fees, billing, and taxes

Your Service Order is the whole story. Your monthly charge includes the Services, Equipment, installation, training, and support stated in your Service Order, and your invoice will never carry a fee that your signed Service Order did not show you. Government-mandated charges — federal, state, and local taxes, Universal Service Fund contributions, 911 and E911 surcharges, regulatory recovery fees, and similar assessments — are handled exactly as your Service Order presents them: where your Service Order lists such a charge as a separate line item, it is a pass-through billed at whatever rate the government sets from time to time, and changes in those government rates are not price increases by us and do not affect your price lock; where your Service Order does not list it, it is included in your monthly charge and we absorb it. In every case, state sales tax applies in addition at your state's current rate. Put simply: the number of line items on your invoice matches the number on your signed quote.

Price protection. Your recurring price is locked for your full term. We will not raise it mid-term. We may change rates at renewal with at least 30 days' notice.

Usage. Usage outside your plan — international calling, toll-free minutes beyond your plan's allowance, and similar metered items — is billed monthly in arrears at the rates we publish or quote to you. One-time charges are billed as incurred.

Payment. Invoices are due net 30. You authorize us to charge your payment method on file for amounts due. Late amounts accrue interest at 1.5% per month or the maximum permitted by law, whichever is less, and you are responsible for reasonable collection costs.

Disputes. Dispute an invoice in writing within 30 days of its date, with enough detail for us to investigate. Undisputed amounts remain due. We will not suspend service over a good-faith dispute properly raised.

Fair use. Plans described as "unlimited" are for normal business use by the person assigned to the seat. Auto-dialing, continuous-use call centers, resale, and traffic that materially exceeds typical business patterns are excluded and may be moved to a metered rate on notice.

9. Term, renewal, and cancellation

Your initial term is stated in your Service Order and runs from Acceptance. Unless your Service Order says otherwise, at the end of the term the Service continues month-to-month at your then-current rate.

Notice to cancel. Give written notice at least 30 days before the end of the then-current term, to billing@blinksoft.ai. Notice given to a sales representative or support agent is not sufficient on its own. Early termination. Cancelling a term commitment early makes the remaining committed charges immediately due, as set out in your Service Order, unless you are terminating for our uncured material breach. Termination for cause. Either party may terminate for the other's material breach that remains uncured 30 days after written notice. Effect. On termination you must stop using the Service, return leased Equipment (or exercise your buyout under Section 7), and pay all outstanding amounts. Port your numbers out before termination — we cannot port numbers that have already been released. Customer Content is available for retrieval for 30 days after termination and is deleted thereafter. Automatic-renewal notices. Where state law requires advance notice of automatic renewal, we will provide it.

10. Acceptable use

You may not use the Service, and you must not permit any End User to use it, to: violate the Telephone Consumer Protection Act, the Telemarketing Sales Rule, state telemarketing law, the Do-Not-Call registry, or any calling-time restriction; place unlawful robocalls or robotexts, send unsolicited commercial messages, or transmit calls without the consent required by law; transmit inaccurate, misleading, or spoofed caller ID with intent to defraud, cause harm, or wrongfully obtain anything of value, or to circumvent STIR/SHAKEN attestation; engage in traffic pumping, access stimulation, autodialing of invalid numbers, or artificially inflated traffic of any kind; send or store unlawful, defamatory, harassing, threatening, or infringing content, or content that violates another person's privacy; distribute malware, attempt to gain unauthorized access to any system, or interfere with the Service or any network; resell, rebrand, or provide the Service to third parties without a written reseller agreement; or circumvent usage limits, share a single seat among multiple simultaneous users, or use the Service in a way that degrades it for others.

We may investigate suspected violations and may block traffic, restrict destinations, or suspend the Service to stop ongoing harm. Where a carrier, regulator, or industry traceback process requires us to act, we will comply.

11. Your responsibilities

Recording consent. If you enable call recording or transcription, you are solely responsible for obtaining every consent the law requires — including all-party consent in states that require it — and for notifying your own employees. See our Privacy Policy. Messaging consent and registration. If you send text messages through the Service, you are the sender for legal purposes. You must have valid consent, honor opt-outs, and complete A2P 10DLC brand and campaign registration; we assist with registration as part of onboarding. Account security and toll fraud. You are responsible for safeguarding credentials, enabling multi-factor authentication, and restricting international dialing you do not need. You are responsible for charges resulting from unauthorized use of your account, including toll fraud, except to the extent it results from our failure to meet our security obligations. Tell us immediately at security@blinksoft.ai if you suspect compromise. Accurate information. Keep account contacts, billing information, and Registered Locations current. Your network. Provide adequate bandwidth, power, cabling, and network configuration, and permit our technicians reasonable access for on-site work. End User compliance. You are responsible for your End Users' compliance with these Terms.

12. Support and maintenance

Support is provided by our United States–based team during business hours, with emergency support available around the clock for outage-affecting issues. Users can reach support by dialing 611 from a Blinksoft phone, by calling (877) 505-0170, or through the ticket portal linked from blinksoft.ai/support. Each account is assigned a named Client Concierge as its primary point of contact, and on-site service is dispatched when hardware requires it.

Our service commitments are made in earnest and staffed accordingly; they are goals we run the business to hit. Where a Service Order includes a Service Level Agreement, the credits stated there are your sole and exclusive remedy for failure to meet its targets; otherwise your remedies for any service failure are those stated in these Terms. We perform scheduled maintenance during standard maintenance windows and give advance notice of work expected to be service-affecting. Emergency maintenance may be performed at any time to protect the security or integrity of the network.

13. AI features

The Service includes automated features such as transcription, summarization, keyword detection, routing suggestions, and sentiment indicators. Output is probabilistic, not authoritative — transcripts and summaries contain errors, especially with cross-talk, accents, background noise, and industry-specific terms; do not use them as a verbatim record. No professional reliance — AI output is not legal, medical, financial, or compliance advice, and must not be relied on for regulated recordkeeping without human review. Your obligations follow the feature — enabling AI features that process call content does not shift your consent, notice, or retention obligations to us. Training — we do not use your call content, recordings, or transcripts to train general-purpose AI models, and we require the same of our AI subprocessors. Availability — AI features depend on third-party models and may change, degrade, or be discontinued with notice, subject to Section 5's feature-discontinuation right.

14. Suspension and termination by Blinksoft

We may suspend or terminate the Service, in whole or in part, if: amounts remain unpaid 15 days after written notice of non-payment; you violate Section 10 in a way that creates legal exposure, network harm, or fraud risk; we are required to do so by a carrier, court, regulator, or law; or continued operation presents an imminent security or integrity risk to the network. Except where an imminent risk, fraud, or legal requirement makes it impossible, we will give notice and an opportunity to cure before suspending. Suspension may disable 911 calling — see Section 6. Charges continue to accrue during a suspension caused by your breach, and reactivation may carry a fee.

15. Disclaimer of warranties

We warrant that the Services will be provided with reasonable skill and care and that installed Equipment will work as intended at Acceptance — that is what your sign-off confirms. Except as expressly stated in these Terms or a signed agreement, the Sites and the Service are provided "as is" and "as available." To the fullest extent permitted by law, Blinksoft disclaims all other warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, that every call will be completed, that call quality will meet any particular standard over networks we do not control, or that AI output will be accurate. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.

16. Limitation of liability

To the fullest extent permitted by law: No indirect damages. Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost data, or cost of substitute services, even if advised of the possibility. Cap. Blinksoft's total aggregate liability arising out of or relating to these Terms or the Service will not exceed the amounts you paid to Blinksoft for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. Emergency services. The limitations in Section 6 apply independently of this section. Exclusions. These limits do not apply to your payment obligations, to either party's indemnification obligations, or to liability that cannot be limited by law, including gross negligence, willful misconduct, or fraud.

These limitations are an essential basis of the bargain and apply even if a limited remedy fails of its essential purpose. Some states do not allow certain limitations, so parts of this section may not apply to you.

17. Indemnification

By you. You will defend, indemnify, and hold harmless Blinksoft, its affiliates, and their officers, employees, and agents from any third-party claim, demand, proceeding, loss, damage, fine, penalty, or expense — including reasonable attorneys' fees — arising from or relating to: your or your End Users' use of the Service; your violation of these Terms or applicable law, including the TCPA, telemarketing rules, and recording-consent laws; Customer Content; unauthorized use of your account; and any 911-related claim covered by Section 6 — except to the extent caused by our gross negligence or willful misconduct.

By Blinksoft. We will defend you against a third-party claim that the Service as provided by us infringes a United States patent, copyright, or trademark, and will pay damages finally awarded, provided you notify us promptly, give us control of the defense, and cooperate. We may procure the right to continue, modify the Service, or terminate the affected portion and refund prepaid unused fees. We have no obligation for claims arising from Customer Content, your modifications, or use of the Service in combination with anything we did not supply.

18. Confidentiality

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential — including pricing, product roadmaps, network architecture, and business plans. The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and disclose it only to personnel and advisors who need it and are bound to comparable obligations, during the term and for two years after. These obligations do not apply to information that is public through no fault of the receiving party, independently developed, or rightfully received from a third party, and do not prevent disclosure required by law provided the other party is given notice where legally permitted.

19. Disputes, arbitration, and governing law

Informal resolution first. Before filing anything, send a written description of the dispute and the relief sought to legal@blinksoft.ai. The parties will attempt in good faith to resolve it within 30 days.

Binding arbitration. Any dispute not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Nassau County, New York. Judgment on the award may be entered in any court of competent jurisdiction. Either party may bring an individual action in small claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.

Class action waiver. Disputes will be brought only in an individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any representative proceeding. If this waiver is held unenforceable as to a particular claim, that claim will proceed in court and the remainder in arbitration.

Governing law and venue. These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles, and by applicable federal law including the Communications Act and FCC regulations. For any matter not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Nassau County, New York.

Time limit. Any claim arising out of these Terms or the Service must be brought within two (2) years after it accrues, or it is permanently barred, except where a longer period is required by law.

20. Changes to these terms

We may update these Terms; the "last updated" date reflects the current version. For material changes affecting active subscribers, we will give at least 30 days' notice by email to account contacts or by notice in the administrative portal. Continued use after the effective date constitutes acceptance. Changes never reduce the commitments in your signed Service Order or raise your locked price mid-term. If a material change is unacceptable to you, your remedy is to terminate the affected Service before the change takes effect, without early termination charges.

21. General provisions

Entire agreement. These Terms, your Service Order, any SLA, and the policies referenced here are the entire agreement and supersede prior discussions and proposals. Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all assets that is not a competitor of Blinksoft; we may assign to an affiliate or in a merger or sale of the business. Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government action, carrier or utility failure, and widespread internet disruption; this does not excuse payment obligations. Notices. Notices to you go to the email or address on your account. Notices to us go to legal@blinksoft.ai. Severability. If any provision is unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in effect. No waiver. Failure to enforce a provision is not a waiver of it. Independent contractors. The parties are independent contractors; nothing creates a partnership, joint venture, or agency. No third-party beneficiaries. Except as stated in Section 17, these Terms create no rights in third parties. Export and sanctions. You represent you are not located in, or acting on behalf of anyone in, a sanctioned country or on a restricted-party list. CALEA. We comply with the Communications Assistance for Law Enforcement Act and other lawful-intercept obligations without further notice. Survival. Sections on 911, intellectual property, fees accrued, disclaimers, limitation of liability, indemnification, confidentiality, and disputes survive termination.

22. Contact

General and legal — legal@blinksoft.ai · Billing — billing@blinksoft.ai · Security — security@blinksoft.ai · Support — dial 611 from a Blinksoft phone, or (877) 505-0170.