teleCalm Terms of Service

1. Welcome to the teleCalm® Family

Please read this agreement regarding your phone and service. When you accept this agreement, you’re bound by its conditions. It applies to all your services from teleCalm and covers important topics such as:

• How long this agreement lasts
• Your rights to refuse or cancel this agreement
• Our friendly trial policy
• Our rights to limit or end service or this agreement
• Limitations of liability and privacy
• Your authorization to receive SMS/text messages
• Our privacy policy
• How to handle disputes if they arise, including arbitration

2. Your Monthly Rate Plan

The monthly rate plan you select is part of this agreement. To the extent any condition in your plan expressly conflicts with this agreement, the condition in your plan will apply.

3. Your Rights to Refuse or Cancel This Agreement

After you’ve had an opportunity to review this agreement, it will begin when you do any of the following to indicate your acceptance:

• Activate your service
• Give us a written or electronic signature indicating your acceptance
• Tell us electronically that you accept

If you do not wish to accept this agreement, do not do any of the above actions.

3.1 Trial Policy

If you signed up for teleCalm service with a trial offer, you may cancel your service at any time during that trial period to avoid additional charges on your credit card by (A) completing the Cancel Service form on our Support page, and (B) returning the teleCalm adapter and related hardware to the address we provide you at the time of your notification.

3.2 Service Cancellation

teleCalm is a month-to-month service and can be cancelled at any time. To cancel, complete the Cancel Service form on our Support page. Your teleCalm service will turn off on the effective date you specify, and your monthly subscription will be cancelled. To complete your cancellation, you must return the teleCalm equipment in good working order within 14 days of your requested cancellation date. Failure to return the equipment may result in an equipment loss fee as defined in Section 5.

teleCalm does not bill for partial months; therefore, there are no refunds for partial months. If you signed up for service through a pre-pay discounted offer, there are no refunds for unused months once any trial period has expired. If you pre-paid for 6 or 12 months service, you will be refunded for un-used months.

4. SMS and Text Messaging

By entering your mobile phone number and signing into our Caregiver app, you grant teleCalm express permission to send automated and customer service-related text messages to your mobile phone. These messages include emergency and 9-1-1 notifications, service notifications regarding Quiet Hours, Repeat Dialing, voicemails received, service outage notifications, or messages from our customer support team related to your service or account.

Replying STOP to any of these messages from your mobile phone will stop many of these messages and will result in a less than optimal user experience. If you have unsubscribed by replying STOP, note that you can opt back in by replying START.

5. Charges and Fees

There is a fee associated with beginning your service and there may be a fee associated with reactivating your service. The teleCalm hardware provided remains the property of teleCalm and must be returned upon service cancellation. Additional features and services may have extra charges. Upon notification that you wish to cancel service, you will receive instructions to return your teleCalm hardware at your expense (unless otherwise noted in your instructions). If this hardware is not returned within 14 days of cancellation or returned damaged, you may incur an additional charge of up to $300 for the teleCalm equipment.

5.1 Long Distance Charges

There are no long-distance charges for any calls made within the domestic U.S. There may be additional charges for international calls.

5.2 International Rates

When calling from the domestic U.S. to other countries, or when calling from outside of the domestic U.S., additional international calling rates may apply.

6. Service Subject to Change

We will strive to provide notice of changes that could affect your service, including policies, practices and procedures, however certain events may occur that require us to make changes without notice. Unless otherwise prohibited by law, this also includes changes to prices and any other conditions in this agreement at any time by sending you written notice prior to the billing period in which the changes would go into effect. If you choose to use your service after that point, you’re accepting the changes. If the changes have a material adverse effect on you, however, you can end the affected service, without any early cancellation fee, just by calling us within 60 days after we send notice of the change.

7. Rights in Numbers and Electronic Addresses We Assign to You

You do not have any rights in the personal identification number, email address or identifier we assign to you. The same is true for your VoIP phone numbers, except for your right to transfer it. In the event we need to change or reassign them, we’ll let you know. Please know that the VoIP phone number and/or name may appear when calls are placed from the VoIP device to someone. We rely on this feature to provide services you enjoy.

8. Transferring or “Porting Out” Phone Numbers

You may be able to transfer or “port out” your phone number from us to another carrier or service provider. We cannot guarantee that this transfer will be successful. For the security of our subscribers, we automatically reject any “port out” request from other carriers, unless the subscriber has completed a Cancellation Request (Section 3.2). We may not be able to provide you with some services, such as 9-1-1 location services, while we implement the transfer.

9. Our Rights to Limit/End Service or This Agreement

You agree not to resell our service to someone else without prior written permission from teleCalm. You also agree that this phone service won’t be used for any purpose that is illegal or isn’t allowed by this agreement. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR VIOLATING THIS AGREEMENT OR FOR ANY OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO:

• Non-payment of past due account
• Two or more late payments in a 12-month period.
• Incurring charges materially more than your monthly access charge (even if we haven’t yet billed the charges).
• Purposely providing misleading or untruthful information
• Harassing our employees or agents.
• Interfering with our operations.
• Becoming insolvent or going bankrupt.
• Breaching this agreement.
• “Spamming,” or other abusive messaging or calling.
• Modifying your phone from the manufacturer’s specifications.
• Plugging devices into the Ethernet ports of the teleCalm Wireless Adapter.
• Modifying or tampering with the teleCalm equipment.
• Using your service in a way that adversely affects other customers.
• Allowing anyone to tamper with your teleCalm number.

We can also temporarily limit your service for any operational or governmental reason.

10. Your Privacy

You agree to the terms of our Privacy Policy, available on our website at teleCalmProtects.com/privacy-policy, when you use our services. This policy may change from time to time, so please review this policy with regularity and care. Among other things, the policy outlines the information we collect about you, how we use that information and with whom we share that information. For example, it may be used to provide certain services, to protect our rights and interests, to respond to legal process or to facilitate a merger. We may also monitor or record your calls with teleCalm representatives to ensure the quality of our services and for other lawful purposes. If you don’t agree with the terms of our Privacy Policy, do not purchase a teleCalm phone or use teleCalm services.

11. Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR PHONE. WE CAN’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DON’T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.

12. Indemnification

You agree to indemnify, defend and hold teleCalm harmless from any claims arising out of use of the phone or service, including the caregiver app, breach of this agreement or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your phone or service.

13. Waivers and Limitations of Liability

COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR LOSS OF USE, LOST PROFIT, COST OF COVER, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL COMPANY’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $50.00 OR THE AMOUNT RECIPIENT ACTUALLY PAID COMPANY UNDER THIS AGREEMENT (IF ANY). You agree teleCalm is not liable for missed Voicemail(s), or deletions of Voicemail(s) from your Voicemail box (if you have one), even if you’ve saved them.

Limitation of Liability. TELECALM SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS (including E911 calls), REGARDLESS OF THE NATURE OF THE CLAIM. TELECALM WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF TELCALM HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADDITION, TELECALM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.

14. Handling Disputes with teleCalm

ANY CLAIM OR DISPUTE BETWEEN YOU AND TELECALM IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO YOU, INCLUDING ANY BILLING DISPUTES (CLAIM), SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THIS AGREEMENT TO ARBITRATE ALSO REQUIRES YOU TO ARBITRATE CLAIMS AGAINST OTHER PARTIES RELATING TO SERVICES OR PRODUCTS PROVIDED OR BILLED TO YOU, INCLUDING SUPPLIERS OF SERVICES AND PRODUCTS AND OUR RETAIL DEALERS, IF YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING. YOU AND WE ACKNOWLEDGE THAT THE AGREEMENT AFFECTS INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ARBITRATIONS UNDER THE AGREEMENT. BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT: TELECALM, INC., PO BOX 118221, CARROLLTON, TX 75011, AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S PUBLISHED WIRELESS INDUSTRY ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT WWW.ADR.ORG. THE AAA HAS A FEE SCHEDULE FOR ARBITRATIONS. YOU WILL PAY YOUR SHARE OF THE ARBITRATOR’S FEES AND ADMINISTRATIVE EXPENSES (“FEES AND EXPENSES”) EXCEPT THAT:

(A) FOR CLAIMS LESS THAN $25, WE WILL PAY ALL FEES AND EXPENSES; AND

(B) FOR CLAIMS BETWEEN $25 AND $1,000, YOU WILL PAY ONLY $25 IN FEES AND EXPENSES, OR ANY LESSER AMOUNT AS PROVIDED UNDER AAA’S SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES.YOU AND WE AGREE TO PAY OUR OWN OTHER FEES, COSTS, AND EXPENSES, INCLUDING THOSE FOR ANY ATTORNEYS, EXPERTS, AND WITNESSES. AN ARBITRATOR MAY ONLY AWARD AS MUCH AND THE TYPE OF RELIEF AS A COURT WITH JURISDICTION IN THE PLACE OF ARBITRATION THAT IS CONSISTENT WITH LAW AND THIS AGREEMENT. AN ARBITRATOR MAY ISSUE INJUNCTIVE OR DECLARATORY RELIEF BUT ONLY APPLYING TO YOU AND US AND NOT TO ANY OTHER CUSTOMER OR THIRD PARTY.

AS A LIMITED EXCEPTION TO THE AGREEMENT TO ARBITRATE, YOU AND WE AGREE THAT:

(A) YOU MAY MAKE CLAIMS TO SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY FOR HEARING BY SUCH COURT; AND

(B) IF YOU FAIL TO TIMELY PAY AMOUNTS DUE, WE MAY ASSIGN YOUR ACCOUNT FOR COLLECTION, AND THE COLLECTION AGENCY MAY PURSUE IN COURT CLAIMS LIMITED STRICTLY TO THE COLLECTION OF THE PAST DUE DEBT AND ANY INTEREST OR COST OF COLLECTION AGREEMENT. AS PERMITTED BY LAW, OR WHETHER CLASS ACTION IN COURT, WAIVER SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT. JURY TRIAL WAIVER, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.

15. About You

You represent that you’re at least 18 years old and have the legal capacity to accept this agreement. If you are ordering for a friend or a member of your family, you are bound by the terms of this agreement, unless and until, your friend or family member has agreed to the terms of this agreement. If you’re ordering for a company, you’re representing that you are authorized to bind the company to the terms of this agreement, where the context “you” means the company.

16. About This Agreement

If either of us waives or doesn’t enforce a requirement under this agreement in an instance, we don’t waive our right to later enforce that requirement. You can’t assign this agreement or any of your rights or duties under it. We may assign all or part of this agreement or your debts to us without notice, and you agree to make all subsequent payments as instructed. Notices are considered delivered when we send them by email or fax to any email or fax number you’ve provided to us, or three days after mailing to the most current billing address we have on file for you, if by us, or to the Customer Service address on your most recent bill. If any part of this agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this agreement. This agreement and the documents to which it refers form the entire agreement between us on their subjects. You can’t rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this agreement, except as specifically provided by law. This agreement isn’t for the benefit of any third party except our parents, affiliates, subsidiaries, agents and predecessors/successors in interest. Except to the extent we’ve agreed otherwise in the provisions on late fees and arbitration, this agreement and disputes covered by it are governed by the laws of the state of Texas, without regard to the conflicts of the laws or rules of that state.

— Updated May 10, 2023