Terms of Service

1. Agreement and Incorporated Documents
2. Definitions
3. Use of the Service
4. Customer Responsibilities
5. Emergency Services (911)
6. Messaging (SMS and MMS)
7. Call Recording, Voicemail, and Transcription
8. Margo and Other AI Features
9. Virtual Fax
10. Telephone Numbers and Porting
11. Equipment
12. Integrations and Third-Party Services
13. Usage Limits and Fair Use
14. Customer Data, Privacy, and Security
15. Fees and Payment
16. Term, Suspension, and Termination
17. Intellectual Property
18. Confidentiality
19. Disclaimers
20. Limitation of Liability
21. Indemnification
22. Governing Law and Disputes
23. Regulatory Matters
24. General
25. Contact Us

1.1 Acceptance. You accept these Terms when you (a) sign a Service Order or Master Services Agreement that references these Terms, (b) click to accept these Terms, or (c) access or use the Service. If you do not agree to these Terms, you may not use the Service.

1.2 Authority. If you accept these Terms on behalf of an entity, you represent that you are authorized to bind that entity, and "you" refers to that entity. You also represent that you are at least 18 years old and that the Service will be used for business purposes and not for personal, family, or household purposes.

1.3 Incorporated Documents. These Terms incorporate by reference the following, each as amended from time to time (together with these Terms, the "Agreement"): (a) the Mango Master Services Agreement executed by you (the "MSA"); (b) each Service Order, quote, or order form you execute (each, a "Service Order"); (c) the Business Associate Agreement between you and Mango, if any (the "BAA"); (d) the Mango Acceptable Use Policy at https://mangovoice.com/acceptable-use-policy (the "AUP"); (e) the Mango Privacy Policy at https://mangovoice.com/privacy-policy (the "Privacy Policy"); and (f) any product-specific terms Mango makes available for a particular feature (the "Supplemental Terms").

1.4 Order of Precedence. If there is a conflict among the documents that make up the Agreement, the following order controls, from highest to lowest: (a) the BAA, solely with respect to Protected Health Information; (b) the Service Order, solely with respect to pricing, quantities, products, and term length; (c) the MSA; (d) any Supplemental Terms, solely with respect to the feature they cover; (e) these Terms; (f) the AUP; and (g) the Privacy Policy.

1.5 Changes to These Terms. We may update these Terms from time to time. We will post the updated Terms at https://mangovoice.com and update the "Last Updated" date. Your continued use of the Service after a change takes effect constitutes acceptance.

Capitalized terms not defined in these Terms have the meanings given in the MSA or BAA.

"Account" means the account Mango establishes for you to access and administer the Service.

"Applicable Law" means all federal, state, local, and foreign laws, regulations, rules, and binding regulatory guidance that apply to a party or its use or provision of the Service, including HIPAA, the Telephone Consumer Protection Act ("TCPA"), the CAN-SPAM Act, federal and state wiretap, eavesdropping, and call recording laws, and state privacy and health data laws.

"Authorized User" means your employees, contractors, and other individuals you permit to use the Service under your Account.

"Customer Data" means all data, content, and information submitted to, stored in, or transmitted through the Service by or for you or your Authorized Users, or by or for your End Customers when they communicate with you, including call audio, recordings, voicemails, transcripts, messages, faxes, contact records, and data received through integrations.

"End Customer" means a patient, client, caller, or other individual who communicates with you through the Service.

"Equipment" means phones, handsets, adapters, and other hardware provided by Mango under a Service Order.

"Mango Materials" means the Service, all software, applications, documentation, interfaces, models, configurations, designs, and other materials provided by Mango, and all improvements and derivatives of them, excluding Customer Data.

"PHI" means Protected Health Information as defined in 45 C.F.R. § 160.103.

"Third-Party Services" means products, services, software, and networks not provided by Mango, including practice management and EHR systems, patient engagement platforms, carriers, AI agents and automation tools, and app stores.

"Usage Data" means technical, operational, and metadata information generated by the operation of the Service, such as call detail records, performance metrics, device diagnostics, and feature usage, that does not include the content of communications.

3.1 License. Subject to the Agreement and payment of all applicable fees, Mango grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the term of your Service Order to access and use the Service, and to install and use Mango's applications on devices you own or control, solely for your internal business purposes.

3.2 Authorized Users. You are responsible for your Authorized Users' compliance with the Agreement and for all activity under your Account. You will ensure that each Authorized User uses unique login credentials, and you will promptly remove access for individuals who no longer require it.

3.3 Account Security and Toll Fraud. You are responsible for safeguarding Account credentials, device and voicemail PINs, administrative access, and your local network. You must notify Mango promptly at security@mangovoice.com if you become aware of any unauthorized access to or use of your Account. You are responsible for all charges incurred through your Account, including international, premium-rate, and toll charges resulting from unauthorized or fraudulent use, except to the extent the unauthorized use was caused by Mango's breach of the Agreement. Mango may block calling destinations or suspend features to limit suspected fraud.

3.4 Changes to the Service. Mango continuously improves the Service and may add, modify, or retire features. Mango will not materially reduce the core functionality of a Service you have purchased during the then-current term of your Service Order, except where required by law, regulation, carrier requirements, or security needs, or where a Third-Party Service on which a feature depends is discontinued.

3.5 Beta Features. Mango may offer features identified as beta, pilot, preview, or early access ("Beta Features"). Beta Features are provided "AS IS," may be changed or discontinued at any time, are not covered by any service commitment, and are used at your discretion. Unless Mango states otherwise in writing, you should not use Beta Features to process PHI.

3.6 Support and Remote Access. Mango provides support as described in your Service Order or on Mango's website. To resolve an issue, Mango support personnel may request your permission to use a remote access tool to view or control your device. Remote access will occur only with your consent, and you may decline and receive support by other means. You are responsible for closing or protecting any PHI or other sensitive information displayed on the device during a remote session that is not needed for the support request.

3.7 Maintenance. Mango may perform scheduled or emergency maintenance as described in the MSA and will use reasonable efforts to provide advance notice of scheduled maintenance that is expected to affect service availability.

4.1 Compliance with Law. You are solely responsible for your use of the Service in compliance with Applicable Law, including laws governing (a) the privacy and security of patient and End Customer information; (b) obtaining consent for calls, texts, faxes, prerecorded or artificial voice messages, and call recording; (c) telemarketing, do-not-call, and quiet hours requirements; (d) disclosures about the use of automated or artificial intelligence systems; and (e) professional licensing and the practice of your profession. Mango does not provide legal advice, and any templates, default settings, or guidance Mango provides are for convenience only.

4.2 Restrictions. You will not, and will not permit anyone to: (a) resell, sublicense, lease, or otherwise make the Service available to any third party except your Authorized Users; (b) copy, modify, reverse engineer, decompile, or attempt to derive the source code of any Mango Materials, except to the extent this restriction is prohibited by law; (c) access the Service to build a competing product or to benchmark it for publication without Mango's written consent; (d) circumvent usage limits, security controls, or billing measurement; (e) use devices, software, or Automated Agents with or to access the Service that Mango has not authorized, including in violation of Section 4.5; (f) use the Service in violation of the AUP or Applicable Law; or (g) use the Service for any high-risk purpose where its failure could lead to death, personal injury, or environmental damage, other than the limited emergency calling described in Section 5.

4.3 Accurate Information. You will provide and keep current accurate account, billing, contact, service address, and emergency location information, and accurate information required for carrier registrations and regulatory filings.

4.4 Your Network and Environment. The Service depends on your internet connection, local network, electrical power, and devices, none of which Mango controls. You are responsible for maintaining a network that meets Mango's published requirements, including sufficient bandwidth and appropriate firewall and quality of service settings. Mango is not responsible for call quality or service failures caused by your network, internet service provider, power, or equipment not provided by Mango.

4.5 Automated Agents Prohibited. You will not, and will not permit any Authorized User or third party to, access, operate, or interact with the Service, including the administrative portal and Mango's desktop, web, and mobile applications, through any bot, script, scraper, crawler, AI agent, browser automation tool or extension, or other automated means that navigates, reads, or takes actions within the Service on behalf of a user (each, an "Automated Agent"). This prohibition applies whether the Automated Agent uses its own credentials or operates within an Authorized User's authenticated session. The only exceptions are (a) application programming interfaces and integrations that Mango makes available for automated access, used in accordance with their documentation, and (b) uses Mango expressly authorizes in writing. If an Automated Agent is used in violation of this Section: (i) you are responsible for all actions it takes as if you had taken them directly; (ii) any Customer Data, including PHI, that it accesses, processes, or transmits is a disclosure made at your direction, for which Mango has no responsibility under the Agreement or the BAA; and (iii) Mango may block, throttle, or suspend the Automated Agent or the affected Account access without liability. This Section does not restrict assistive technologies, such as screen readers, that an Authorized User uses to access the Service because of a disability, provided they do not take actions within the Service on their own.

IMPORTANT: 911 SERVICE THROUGH A VOIP PHONE SYSTEM IS DIFFERENT FROM 911 SERVICE THROUGH A TRADITIONAL LANDLINE. 911 CALLS WILL NOT WORK DURING AN INTERNET, NETWORK, OR POWER OUTAGE, IF YOUR ACCOUNT IS SUSPENDED OR TERMINATED, OR IF YOUR REGISTERED LOCATION IS INACCURATE.

5.1 How 911 Calls Are Routed. When a 911 call is placed through the Service, Mango will attempt to route it through a third-party emergency services provider to the Public Safety Answering Point ("PSAP") associated with the registered location for the calling number or device, and to transmit the registered location. In some circumstances, a call may be routed to a national emergency call center rather than a local PSAP, and the location may not be transmitted or may not be correct. Callers should always be prepared to state their location and callback number.

5.2 Registered Location. You must register an accurate dispatchable location for every telephone number and device, including the street address and any building, floor, suite, or room information needed to locate the caller, and update it before a device is moved. As described in the MSA, location updates may take time to propagate to emergency databases. Devices and applications used away from the registered location (including softphone and mobile applications) may not transmit the caller's actual location.

5.3 Limitations. 911 calling through the Service may be unavailable or degraded: (a) during a loss of internet connectivity, network congestion, or a power outage at your location (Mango-provided Equipment does not include battery backup unless stated in your Service Order); (b) if your Account is suspended or terminated; (c) if devices are moved, misconfigured, or used outside the United States; or (d) due to failures of third-party carriers or emergency service providers. Text messages sent through the Service cannot be used to reach 911.

5.4 Your Obligations. You will (a) inform all Authorized Users and anyone else who may use the Service of these 911 limitations; (b) place 911 warning labels provided by Mango on or near each device; (c) maintain an alternative means of reaching emergency services, such as a mobile phone; and (d) configure your system so that 911 can be dialed directly without a prefix and, where required, so that a designated contact at your location is notified when a 911 call is placed, as required by federal law applicable to multi-line telephone systems.

5.5 Disclaimer. Mango and its emergency services providers are not responsible for the actions or failures of PSAPs or emergency responders, and are not liable for any claims arising from the inability to reach emergency services through the Service, except to the extent caused by Mango's gross negligence or willful misconduct. Your indemnification obligations in the MSA and Section 21 of these Terms apply to 911-related claims.

6.1 Consent and Opt-Out. You are solely responsible for obtaining and documenting all consents required by Applicable Law and carrier rules before sending any text message through the Service, including prior express written consent for marketing messages. You will honor opt-out requests (such as replies of "STOP") promptly and as required by law, include required identification and opt-out instructions, and comply with applicable quiet hours and message frequency limits. Mango may automatically process standard opt-out keywords.

6.2 Carrier Registration. Wireless carriers require business text messaging to be registered, including 10DLC brand and campaign registration and toll-free number verification. You authorize Mango to submit registrations on your behalf, will provide accurate information for those registrations, and will pay any registration or carrier fees passed through by Mango. Carriers, not Mango, approve registrations and may filter, delay, or block messages, impose throughput limits, or suspend numbers. Mango does not guarantee delivery of any message.

6.3 Content. You will not send messages that violate the AUP, carrier content policies, or industry guidelines, including content relating to prohibited or age-restricted products, deceptive content, or content that carriers classify as high risk.

6.4 Health Information in Messages. Standard SMS and MMS messages are transmitted over carrier networks and are not end-to-end encrypted. You are responsible for determining what information is appropriate to include in a text message, for limiting PHI to the minimum necessary, and for honoring an End Customer's request to receive communications by alternative means or at alternative locations as required by 45 C.F.R. § 164.522(b).

6.5 Suspension. Mango may suspend messaging on any number or Account that receives excessive complaints, opt-outs, or carrier violation notices, or that Mango reasonably believes is being used in violation of this Section 6.

7.1 Your Responsibility for Consent. The Service lets you record calls, store voicemails, and generate transcripts and summaries. Some jurisdictions require the consent of all parties to a call before it is recorded, monitored, or analyzed. You are solely responsible for determining which laws apply, providing any required notices (for example, by enabling a recording announcement), and obtaining any required consents, consistent with the MSA.

7.2 Accuracy. Transcriptions, summaries, and other automatically generated content may contain errors or omissions. You are responsible for reviewing such content before relying on it, including before entering it into a patient record.

7.3 Retention. Recordings, voicemails, and transcripts are retained according to the settings you configure and Mango's standard retention periods as described in Section 14.6. You are responsible for retaining any records you are legally required to keep, including by exporting them from the Service.

8.1 Description. Mango offers features that use artificial intelligence, including Margo, an AI voice agent that can answer and respond to calls on your behalf, and AI-generated transcripts, summaries, and call insights (collectively, "AI Features"). Additional Supplemental Terms may apply to specific AI Features.

8.2 Disclosure to Callers. You are responsible for ensuring that callers are informed that they are interacting with an automated or AI system where required by Applicable Law, and for any required recording or monitoring notice. Mango may provide a default disclosure, and you will not disable or modify it in a manner that violates Applicable Law. If you use any AI Feature to place outbound calls or send messages using an artificial or prerecorded voice, you are solely responsible for obtaining the consent required by the TCPA and similar laws.

8.3 Not Medical Advice; Emergencies. AI Features are designed for administrative tasks such as scheduling, routing, answering general questions, and taking messages. They do not provide medical, dental, or other professional advice, diagnosis, or triage, and you will not configure them to do so. You are responsible for configuring AI Features to direct callers who describe an emergency to hang up and dial 911, and to transfer urgent matters to appropriate personnel.

8.4 Output. AI output is generated automatically and may be inaccurate, incomplete, or inappropriate. You are responsible for the instructions, knowledge sources, and configurations you provide to AI Features and for reviewing output before acting on it. As between the parties, AI output generated for you from your Customer Data is Customer Data.

8.5 Use of Customer Data for AI. Mango will not use PHI to train generalized AI models except as permitted by the BAA and Applicable Law. Mango may use de-identified information, created in accordance with 45 C.F.R. § 164.514, and Usage Data to operate, maintain, evaluate, and improve the Service and AI Features. Mango may use third-party AI model providers to deliver AI Features, and where those providers process PHI, Mango will require them to agree to restrictions consistent with the BAA.

Faxes are transmitted over carrier networks, and Mango does not guarantee delivery, legibility, or transmission time of any fax. You are responsible for confirming receipt of time-sensitive faxes and for complying with the Telephone Consumer Protection Act and Junk Fax Prevention Act when sending faxes. Received faxes are Customer Data and are subject to the retention terms in Section 14.6.

10.1 No Ownership. Telephone numbers are assigned and administered under rules set by regulators and numbering authorities. You do not acquire any ownership interest in a telephone number. Mango may need to change a number if required by law, regulation, or a numbering authority.

10.2 Porting In. To transfer existing numbers to Mango, you must provide a valid letter of authorization and accurate information that matches your current provider's records. Mango is not responsible for delays or rejections caused by your current provider. You are responsible for maintaining service with your current provider until the port is complete and for any charges from that provider.

10.3 Porting Out. You may port eligible numbers to another provider by having that provider submit a valid port request. Mango will process valid port requests in accordance with applicable FCC number portability rules. Porting a number out does not by itself terminate your Service Order, and you remain responsible for fees owed under your Service Order and the MSA.

10.4 After Termination. If your Service ends and your numbers are not ported out within thirty (30) days, Mango may release them, after which they may be reassigned and may not be recoverable.

10.5 Caller ID and Directory Listings. You will display only outbound caller ID numbers that you own or are authorized to use, as described in the MSA, and will not transmit misleading or inaccurate caller ID information in violation of the Truth in Caller ID Act. Mango participates in industry call authentication frameworks (STIR/SHAKEN), and the attestation level for your calls depends on the accuracy of the information you provide. Mango does not control how other carriers label, display, or block your calls or caller name. Directory listings are governed by the MSA.

Equipment provided under a Service Order is subject to the MSA, including the equipment cost recovery terms. Risk of loss for Equipment passes to you upon delivery. Mango may remotely provision, configure, and update firmware on Equipment, and you will not install unauthorized firmware or alter Mango-managed configurations. Mango will, where possible, pass through to you any manufacturer warranty on Equipment, as described in the MSA; except for that pass-through, Equipment is provided without warranty.

12.1 Your Authorization. The Service may integrate with Third-Party Services you use, such as practice management, EHR, scheduling, and patient engagement systems. When you enable an integration, you authorize Mango to access, retrieve, and transmit data between the Service and that Third-Party Service as needed to provide the integration, and you represent that you have the rights and any required permissions to do so.

12.2 Third-Party Terms. Your use of a Third-Party Service is governed by your agreement with its provider, not by these Terms. Mango does not control and is not responsible for Third-Party Services, including their availability, security, accuracy, or handling of data once it leaves the Service at your direction. A transfer of data to a Third-Party Service that you have enabled is a disclosure made at your direction.

12.3 Changes. A Third-Party Service provider may change or discontinue its interfaces, which may cause an integration to stop working. Mango will use reasonable efforts to maintain supported integrations but is not liable for interruptions caused by a Third-Party Service.

Plans described as unlimited are intended for normal business use by the number of users purchased and are subject to the AUP. Mango may contact you, adjust your plan, or apply its then-current rates if your usage is materially inconsistent with normal business use, such as autodialing, call center traffic, or usage substantially exceeding that of similarly sized customers. Usage-based features, such as AI call credits or message volumes, are subject to the limits and overage rates in your Service Order.

14.1 Ownership. As between the parties, you own Customer Data. You grant Mango a non-exclusive, worldwide, royalty-free license to host, copy, transmit, process, and display Customer Data as necessary to provide, secure, and support the Service, to comply with law, and as otherwise permitted by the Agreement.

14.2 PHI and the BAA. Mango's obligations with respect to PHI are set out in the BAA, which controls over these Terms for PHI. If you are a covered entity or business associate under HIPAA, you must execute a BAA with Mango before using the Service to create, receive, maintain, or transmit PHI. If you have not executed a BAA, you will not use the Service to process PHI.

14.3 Your Responsibilities. You are responsible for the accuracy, quality, and legality of Customer Data and the means by which you acquired it; for providing any notices and obtaining any consents or authorizations required for Mango to process Customer Data under the Agreement; and for notifying Mango of restrictions on use or disclosure of PHI as described in Section 4.1 of the BAA.

14.4 Usage Data and Aggregated Data. Mango may collect Usage Data and may use it, and data that has been de-identified in accordance with 45 C.F.R. § 164.514 and aggregated so that it does not identify you, any individual, or any End Customer, to operate, secure, analyze, and improve the Service, for billing and regulatory compliance, and for industry benchmarking.

14.5 Security. Mango maintains administrative, technical, and physical safeguards designed to protect Customer Data, including the safeguards required of a business associate under the HIPAA Security Rule. Mango's obligations to report Security Incidents and Breaches involving PHI are set out in the BAA. You are responsible for the security of your devices, network, credentials, and the Authorized Users to whom you grant access, including enabling multi-factor authentication where the Service makes it available.

14.6 Retention, Export, and Deletion. During the term, Mango retains Customer Data according to your configured settings and Mango's data retention schedule, which Mango will make available on request. Upon termination, you may request an export of available Customer Data by contacting Mango within thirty (30) days. After that period, Mango will delete or de-identify Customer Data in accordance with its retention schedule and, for PHI, Section 3.3 of the BAA, except for data Mango must retain to comply with law or that is retained in backups until they are overwritten in the ordinary course, which remains subject to the Agreement.

14.7 Customer Proprietary Network Information. Mango protects customer proprietary network information ("CPNI"), such as call detail records and the services you use, in accordance with FCC rules. Mango may require authentication before discussing call detail information with you and will not use or disclose your CPNI except as permitted by those rules.

14.8 Legal Requests. Mango may disclose Customer Data if required by law, subpoena, court order, or other legal process, including requests under the Communications Assistance for Law Enforcement Act. Where legally permitted, Mango will use reasonable efforts to notify you of a request for your Customer Data so that you may seek a protective order.

14.9 Privacy Policy. Mango's collection and use of personal information about your Authorized Users, website visitors, and others in connection with Mango's own business purposes is described in the Privacy Policy. Mango processes Customer Data relating to End Customers on your behalf as your service provider and business associate.

15.1 Fees. You will pay the fees in each Service Order in accordance with the MSA. Except as stated in the MSA or required by law, fees are non-refundable.

15.2 Taxes and Regulatory Fees. Fees do not include taxes, surcharges, or regulatory fees, including federal Universal Service Fund contributions, 911 fees, and telecommunications relay service charges, which will be billed in addition to fees as described in the MSA. Estimated taxes on a Service Order may differ from the amounts actually billed based on your service location and applicable rates.

15.3 Price Changes. Mango may change its fees effective at the start of a renewal term or month-to-month period by giving at least thirty (30) days' prior notice, and may adjust taxes, surcharges, and regulatory fees at any time to reflect changes in law or in amounts assessed on Mango.

15.4 Billing Disputes. You must notify Mango in writing of any good-faith billing dispute within sixty (60) days after the invoice or charge date, describing the disputed amount and the basis for the dispute. You will pay undisputed amounts when due. Charges not disputed within that period are deemed accepted.

15.5 Late Payment and Suspension. Late amounts are subject to the late charges in Section 4 of the MSA. If any undisputed amount is more than fifteen (15) days past due, Mango may suspend the Service after giving you at least ten (10) days' written notice. Mango will restore the Service promptly after payment in full.

16.1 Term. These Terms remain in effect for as long as you have an active Service Order or use the Service. The term, renewal, and termination of each Service Order are governed by the MSA.

16.2 Suspension. Mango may suspend all or part of the Service immediately if Mango reasonably determines that (a) your use poses a security risk to the Service or others, (b) your Account is being used fraudulently or in violation of the AUP, Section 4.5, or Applicable Law, (c) suspension is required by law, a regulator, or a carrier, or (d) payment is overdue as described in Section 15.5. Mango will limit the suspension to the extent reasonably necessary, provide notice when practicable, and restore the Service once the cause is resolved.

16.3 Effect of Termination. Upon termination of the Service: (a) your right to use the Service ends; (b) all Services, including 911 calling, will stop working; (c) you will pay all fees accrued through the effective date of termination and any amounts owed; and (d) Sections 10.4 and 14.6 govern your numbers and Customer Data.

16.4 Survival. Sections 2, 4.2, 4.5, 5.5, 7.3, 8.4, 10.4, 14, 15, 16.3, 16.4, and 17 through 24, and any other provision that by its nature should survive, will survive termination.

17.1 Mango Materials. Mango and its licensors own all right, title, and interest in the Mango Materials, including all intellectual property rights. The names, logos, and marks of Mango, Mango Voice, and Margo are trademarks of Mango. Mango reserves all rights not expressly granted in the Agreement.

17.2 Feedback. If you provide suggestions or feedback about the Service, Mango may use them without restriction or obligation to you, provided that Mango does not identify you as the source without your consent.

17.3 Open Source and Third-Party Software. The Service and Mango applications may include open source or third-party software components that are subject to their own license terms. To the extent those licenses grant you rights that conflict with these Terms, those licenses control for those components only. Mango will make applicable notices available on request or within the application.

17.4 Publicity. Mango may identify you as a customer by name and logo in its marketing materials unless you notify Mango in writing that you object.

Each party ("Recipient") will protect non-public information disclosed by the other party ("Discloser") that is marked or reasonably understood to be confidential, including pricing, product plans, security documentation, and Customer Data ("Confidential Information"), using at least reasonable care, and will use it only to perform under or exercise rights under the Agreement. Recipient may disclose Confidential Information to its employees, contractors, and advisors who need to know it and are bound by confidentiality obligations at least as protective, and as required by law after giving Discloser reasonable notice where legally permitted. Confidential Information does not include information that is or becomes public through no fault of Recipient, was known to Recipient without restriction before disclosure, is received from a third party without restriction, or is independently developed. PHI is governed by the BAA rather than this Section.

EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, THE SERVICE, EQUIPMENT, AI FEATURES, BETA FEATURES, AND ALL MANGO MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND MANGO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AS STATED IN THE MSA. MANGO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY CALL, MESSAGE, OR FAX WILL BE COMPLETED OR DELIVERED, THAT 911 CALLS WILL CONNECT OR TRANSMIT ACCURATE LOCATION INFORMATION, OR THAT AI OUTPUT OR TRANSCRIPTIONS WILL BE ACCURATE OR COMPLETE. MANGO IS NOT RESPONSIBLE FOR DELAYS, FAILURES, OR LOSSES CAUSED BY THE INTERNET, CARRIERS, THIRD-PARTY SERVICES, OR YOUR NETWORK, POWER, OR DEVICES.

20.1 Exclusive Remedy for Service Interruptions. Your exclusive remedy for any interruption or failure of the Service is the refund or credit described in the MSA.

20.2 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THEIR POSSIBILITY.

20.3 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MANGO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT WILL NOT EXCEED THE FEES PAID BY YOU TO MANGO UNDER THE APPLICABLE SERVICE ORDER IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY.

20.4 Exclusions. The limitations in Sections 20.2 and 20.3 do not apply to your payment obligations, your indemnification obligations, your breach of Section 4.2 or 4.5, or either party's gross negligence, fraud, or willful misconduct.

21.1 By Customer. In addition to your indemnification obligations in the MSA, you will defend, indemnify, and hold harmless Mango and its affiliates, officers, directors, employees, agents, and suppliers from and against all third-party claims, and related losses, damages, fines, penalties, costs, and reasonable attorneys' fees, arising out of or related to: (a) your or your Authorized Users' violation of the Agreement or Applicable Law; (b) Customer Data, including any claim that you lacked the right or consent to collect, record, transmit, or disclose it; (c) calls, texts, faxes, or AI interactions made or configured by you, including claims under the TCPA, wiretap and call recording laws, and similar laws; (d) inaccurate 911 location or caller ID information provided by you; (e) Third-Party Services you enable; and (f) any Automated Agent used by you or your Authorized Users, whether or not permitted under Section 4.5.

21.2 Procedure. Mango will give you prompt notice of a claim (provided that delay relieves you of obligations only to the extent it prejudices you), reasonable cooperation at your expense, and control of the defense, except that you may not settle a claim that imposes any obligation or admission on Mango without Mango's prior written consent. Mango may participate with counsel of its choice at its own expense.

21.3 By Mango. Mango will defend you against any third-party claim alleging that the Service, as provided by Mango and used in accordance with the Agreement, infringes a United States patent, copyright, or trademark or misappropriates a trade secret, and will pay damages finally awarded or agreed in settlement. Mango has no obligation for claims arising from Customer Data, Third-Party Services, Equipment, or combinations with items not provided by Mango. If the Service is or may become subject to such a claim, Mango may modify the Service, obtain a license, or terminate the affected Service and refund prepaid fees for the remainder of the term. This Section states Mango's entire liability for infringement claims.

22.1 Governing Law and Venue. The Agreement is governed by the laws of the State of Utah, without regard to its conflict of laws principles. Consistent with the MSA, the parties submit to the exclusive jurisdiction of the state courts located in Washington County, Utah, and the federal courts for the District of Utah, for any dispute arising out of or relating to the Agreement or the Service.

22.2 Informal Resolution. Before filing a claim, the party raising a dispute will send a written description of it to the other party, and the parties will try in good faith to resolve it for at least thirty (30) days. This does not prevent either party from seeking injunctive or other equitable relief at any time to protect its intellectual property or Confidential Information or to prevent unauthorized use of the Service.

22.3 Jury Trial Waiver. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THE AGREEMENT.

22.4 Time Limit. Any claim against Mango arising out of or related to the Agreement must be brought within one (1) year after the claim arises, or it is permanently barred, to the extent permitted by law.

Mango may modify the Agreement or the Service as reasonably necessary to comply with changes in Applicable Law, regulatory or carrier requirements, or industry standards, as described in the MSA. Mango will provide notice of such changes when practicable. Mango may pass through to you new fees or surcharges imposed by regulators or carriers.

24.1 Assignment. You may not assign the Agreement without Mango's prior written consent, as stated in the MSA. Mango may assign the Agreement without consent to an affiliate or to a successor in connection with a merger, acquisition, reorganization, or sale of all or substantially all of the assets or business to which the Agreement relates.

24.2 Force Majeure. The MSA applies to these Terms. In addition, neither party is liable for delays caused by failures of the internet, third-party carriers, or emergency service networks that are beyond its reasonable control, except for your payment obligations.

24.3 Notices. Mango may give notices to you by email to the account or billing contact on file, through the Service, or by mail. Legal notices to Mango must be sent by email to compliance@mangovoice.com and by certified mail or nationally recognized courier to Mango Voice, LLC, Attn: Legal, 446 S Mall Dr #200, St. George, UT 84790. Notices regarding cancellation of lines must also follow the procedure in the MSA.

24.4 Electronic Communications. You consent to receive communications from Mango electronically and agree that electronic agreements, notices, and disclosures satisfy any legal requirement that they be in writing. All notices and communications will be in English.

24.5 Location of Service; Export. The Service is operated from the United States and is intended for use in the United States. You will not use or export the Service in violation of United States export control or sanctions laws.

24.6 Relationship. The parties are independent. There are no third-party beneficiaries to the Agreement.

24.7 Severability; Waiver; Headings. If any provision of the Agreement is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in effect. A failure to enforce any provision is not a waiver. Headings are for convenience only.

24.8 Entire Agreement. The Agreement is the entire agreement between the parties regarding its subject matter and supersedes all prior and contemporaneous agreements and understandings regarding that subject matter. Any terms in your purchase order or other business form do not apply.

Questions about these Terms may be sent to compliance@mangovoice.com, by phone at (435) 466-2646, or by mail to Mango Voice, LLC, 446 S Mall Dr #200, St. George, UT 84790. For support, contact support@mangovoice.com. For security concerns, contact security@mangovoice.com.