Terms of Service

OpenPhonex is operated by Herous Futurus OÜ, an Estonian private limited company (registry code 14347121), registered at Katleri tn 19-41, Lasnamäe linnaosa, Tallinn, Harju maakond 13915, Estonia ("OpenPhonex", "we", "us"). You can contact us at [email protected].

These Terms govern your use of our websites, dashboards, APIs, phone numbers, calling, messaging, recordings, transcripts, AI-agent connections, and related services (the "Service"). By creating an account, ordering a paid service, or using the Service, you agree to these Terms. If you use the Service for an organization, you confirm that you may bind it.

You must be at least 18 and legally able to enter a contract. The Service is available to individuals and organizations, subject to country, carrier, sanctions, compliance, and technical availability.

You must provide accurate account information, protect your credentials and API keys, and promptly tell us about unauthorized access. You are responsible for activity under your account and for anyone you authorize to use it.

OpenPhonex connects phone numbers and telecom services to software and AI agents. The hosted media path uses LiveKit-based communications infrastructure together with carriers and AI providers. Features, countries, number types, codecs, messaging, emergency-call support, and portability vary by destination and provider.

Inventory and coverage information are estimates until a number or route is confirmed. We may modify the Service to improve safety, reliability, compliance, or functionality, provided we do not materially reduce a paid Service during its current term without notice.

Phone-number and telecom rules can require identity, address, business, beneficial-owner, use-case, or end-user documents. You authorize us and our verification and carrier partners to validate that information for service delivery, fraud prevention, and legal compliance.

We may refuse, delay, suspend, re-verify, or withdraw a number or route when required information is missing, inaccurate, expired, rejected by a provider, or required by law. Approval in one country does not guarantee approval elsewhere.

• Charges may include a subscription, phone-number rental, calling, messaging, AI-provider usage, registration, carrier, and optional service fees.
• Calls use full-minute (60/60) billing unless the quote or order says otherwise: any started minute is billed as a full minute. SMS may be billed per segment.
• The price, billing interval, included allowances, usage rates, and any setup or pass-through fees shown in the dashboard, quote, or order confirmation form part of these Terms.
• Published list prices exclude applicable taxes unless expressly stated. For consumer orders, the final payable total, including taxes we must collect, is shown before purchase where it can be calculated in advance.

Subscriptions renew for the stated billing period until cancelled. You authorize us and our payment processor to charge the selected payment method. We may suspend paid features for failed or overdue payments after any notice required by law.

We may change prices prospectively. We will give reasonable advance notice of a material increase to a recurring subscription. Carrier, destination, tax, and regulatory pass-through charges may change on shorter notice where our supplier or the law changes them.

A prepaid wallet is service credit, not a bank account, deposit, or stored-value payment product. We may reserve an estimated amount at call start and settle the actual charge at the end. Unused reservations are released. Promotional credits are non-transferable and may expire under the offer terms.

You may cancel a subscription from the product flow made available to you or by contacting us. Cancellation normally takes effect at the end of the current paid period. Fees already incurred, consumed usage, activated number periods, registration fees, and non-cancellable carrier commitments are not refundable except where law requires otherwise. When an account closes, contact us about any purchased, unused wallet balance; we will deduct final charges and refund the remainder where required or commercially available.

If you are an EU/EEA consumer, you generally have 14 days from concluding a distance contract to withdraw without giving a reason. To withdraw, email us a clear statement before the period ends. If you ask us to start the Service during that period, you may owe the proportionate price for service already provided. Where the law allows, the withdrawal right may end after a service is fully performed with your prior express consent and acknowledgement.

Nothing in these Terms limits mandatory consumer rights in your country. Please send complaints first to [email protected]; we will respond within the period required by applicable law. Estonian consumers may then contact the Estonian Consumer Disputes Committee.

Phone numbers are rights of use supplied through carriers; purchasing or renting one does not transfer ownership. You must follow local presence, identity, usage, caller-ID, portability, and registration rules. A carrier or authority may reclaim, replace, suspend, or reassign a number. We will give notice where reasonably possible.

You control whom your agents contact, what they say, the caller ID they present, whether a call is recorded, and how call data is used. You are responsible for all notices, permissions, consent, opt-out handling, quiet hours, do-not-call screening, campaign registration, recording consent, and other requirements that apply to your calls and messages.

OpenPhonex does not automatically prepend an AI disclosure to every call. You choose your agent's greeting and disclosure. You must clearly inform people that they are interacting with AI whenever applicable law requires it, and must not design an agent to deceptively impersonate a real person. You may not clone or use a person's voice without the rights and permissions required by law.

You may not use the Service to:

• break the law, evade telecom rules, sanctions, or provider restrictions;
• send spam, conduct unlawful robocalling or cold outreach, spoof caller ID, or ignore opt-outs;
• harass, threaten, defraud, deceive, discriminate, or facilitate illegal goods or services;
• impersonate another person or organization, or misrepresent an AI as a human where disclosure is required;
• probe, disrupt, overload, reverse engineer, or gain unauthorized access to the Service or another account;
• upload malware or content that infringes privacy, confidentiality, intellectual-property, or other rights; or
• resell numbers or telecom services unless we have agreed in writing.

We may investigate suspected abuse, impose traffic limits, block destinations, preserve evidence, cooperate with authorities and carriers, and suspend or terminate affected access. Where practical and lawful, we will notify you and allow remediation.

You retain rights in prompts, recordings, transcripts, messages, knowledge, tool results, and other content you provide or generate through the Service ("Customer Content"). You grant us the limited rights needed to host, transmit, process, secure, and support that content and provide the Service.

You are responsible for Customer Content and for reviewing AI outputs before relying on them. AI speech, transcripts, summaries, and actions may be inaccurate, delayed, incomplete, or inappropriate. Do not use the Service as the sole method for medical, legal, financial, safety-critical, or emergency decisions.

We retain all rights in the OpenPhonex software, APIs, documentation, brand, and service data that does not identify you or your callers. Feedback may be used without restriction or payment.

Our Privacy Policy explains how we handle personal data. For account, KYC, billing, security, and support data, Herous Futurus OÜ generally acts as controller. For Customer Content processed on your instructions, we generally act as your processor or service provider.

When we process Customer Content for you, the data-processing terms in section 16 apply. You must have a lawful basis for giving us that data and must provide callers and other people with your own legally required privacy notice.

The Service depends on carriers, cloud infrastructure, identity, payment, communications, speech, and AI providers. Their availability and acceptable-use rules can affect the Service. If you connect your own provider, tool, SIP trunk, model, or application, its terms govern your relationship with it, and you authorize us to exchange the data needed for that connection.

We aim to provide a reliable Service, but telecom and AI services can experience failures, delays, routing changes, degraded audio, provider outages, and inaccurate outputs. To the maximum extent permitted by law, the Service is provided "as is" and "as available" without implied warranties. This does not exclude warranties or remedies that cannot lawfully be excluded for consumers.

Nothing excludes liability that cannot legally be limited, including liability for intentional misconduct, gross negligence, or death or personal injury where applicable. Mandatory consumer remedies remain unaffected.

For business users, to the maximum extent permitted by law: neither party is liable for indirect, incidental, special, punitive, or consequential loss, or lost profits, revenue, goodwill, or data; and each party's total liability arising from the Service is limited to the amount you paid OpenPhonex in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations, misuse of the Service, infringement, or indemnity obligations.

You will indemnify Herous Futurus OÜ against third-party claims and reasonable costs caused by your unlawful communications, Customer Content, failure to obtain consent, infringement, or material breach of these Terms, except to the extent caused by us.

You may stop using the Service at any time, subject to charges and commitments already incurred. We may suspend or terminate access for material breach, abuse, fraud risk, non-payment, legal or provider requirements, or threats to the Service. Where reasonable, we will give notice and an opportunity to cure. After termination, access ends and we delete or return Customer Content as described in the Privacy Policy and section 16, subject to legal retention, backups, disputes, and security needs.

This section applies when OpenPhonex processes personal data in Customer Content on your behalf. You are the controller (or processor appointing us as a subprocessor), and Herous Futurus OÜ is the processor. Processing lasts while we provide the Service and concerns hosting, transmitting, recording where enabled, transcribing, generating responses, applying configured tools, troubleshooting, and securing calls and messages.

Data subjects may include your users, callers, message recipients, staff, and contacts. Data may include identifiers, phone numbers, voice and communication content, transcripts, messages, interaction metadata, and any personal data submitted through prompts, tools, or connected systems.

• We process this data only on your documented instructions, including these Terms and your product configuration, unless law requires otherwise.
• Authorized personnel are bound by confidentiality, and we maintain technical and organizational safeguards appropriate to the risk.
• You generally authorize subprocessors needed to provide the Service. We remain responsible for their data-protection obligations and will make material changes available through our website, product, or direct notice. You may object on reasonable data-protection grounds.
• We assist, taking account of the processing and information available to us, with data-subject requests, security incidents, impact assessments, regulator consultations, and compliance information. Reasonable fees may apply to unusually burdensome assistance.
• We notify you without undue delay after confirming a personal-data breach affecting Customer Content and provide available information needed for your obligations.
• At the end of service, we delete or return Customer Content on request unless law requires retention. Deletion from backups follows our normal backup cycle.
• We provide information reasonably necessary to demonstrate compliance and permit proportionate audits no more than annually, unless an incident or regulator requires more, subject to confidentiality, security, and cost controls.
• Transfers outside the EEA use a lawful transfer mechanism where required, including adequacy decisions or the European Commission's standard contractual clauses.

We may update these Terms for legal, security, provider, or product changes. We will give reasonable advance notice of material changes through email or the Service. Continued use after the effective date means acceptance, unless applicable law requires a different form of consent.

Estonian law governs these Terms, without regard to conflict-of-law rules. Courts in Estonia have jurisdiction, but a consumer may also rely on mandatory protections and courts available in their country of residence. The UN Convention on Contracts for the International Sale of Goods does not apply.

If a provision is unenforceable, the remainder stays effective. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a merger, reorganization, sale, or transfer of the Service. These Terms, the applicable order, and incorporated policies are the complete agreement about the Service.