Terms and Conditions

Website, Mobile Applications, and Communications Services

These Terms and Conditions (“Terms”) govern access to and use of the Commclan website, mobile applications, software, platforms, and communications services provided by Commclan LLC (“Commclan,” “Company,” “we,” “our,” or “us”).

Company Information

• Legal Name: Commclan LLC
• Email: info@staging.commclan.com
• Mailing Address: 10031 Monroe Dr, Suite 303, Dallas, TX 75229, United States

By accessing our website, creating an account, purchasing a subscription, downloading our mobile application, or using our services, you (“User,” “Customer,” or “you”) agree to these Terms. If you do not agree, you must not access or use our services.

If you accept these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity.

1. Definitions

For the purposes of these Terms:

• “Services” means the Commclan website, cloud-based communications platform, software, mobile applications, business phone services, VoIP services, messaging, video communications, integrations, and associated features made available by Commclan.
• “Account” means a registered user or organizational account used to access the Services.
• “Customer Content” means information, files, messages, recordings, contacts, and other content submitted, transmitted, stored, or processed through the Services by or on behalf of a Customer.
• “Authorized User” means an employee, contractor, administrator, or other person authorized by a Customer to access its account.
• “Subscription” means a paid or trial-based plan for access to the Services.
• “Third-Party Services” means services, networks, software, applications, carriers, or integrations operated by entities other than Commclan.

2. Description of Services

Commclan provides cloud-based business communications solutions. Depending on the applicable subscription, geographic availability, and product configuration, the Services may include:

1. Business phone systems and cloud-based voice calling.
2. Voice over Internet Protocol (VoIP) services.
3. Business phone numbers, virtual numbers, and number management.
4. Inbound and outbound calling.
5. Call forwarding, routing, queues, transfers, voicemail, and auto-attendants.
6. SMS and MMS messaging, where supported.
7. Mobile, desktop, and web-based communications applications.
8. Team messaging and internal communications.
9. Video meetings and conferencing, where offered.
10. Call recording, transcription, analytics, and related productivity features, where enabled.
11. Contact management, administrative controls, reporting, and supported third-party integrations.

Not every feature is available in every country, subscription, device, or account configuration. Commclan may introduce, modify, replace, or discontinue features in accordance with these Terms and applicable law.

Commclan may rely on third-party telecommunications carriers, internet service providers, hosting providers, and technology partners to deliver some or all of the Services.

3. Eligibility and Account Registration

You must provide accurate, complete, and current information when creating or maintaining an Account.

You agree to:

• Maintain the confidentiality of your login credentials.
• Use strong authentication methods where available.
• Notify Commclan promptly of suspected unauthorized access or security incidents.
• Maintain accurate account, billing, contact, and administrator information.
• Ensure that Authorized Users comply with these Terms.
• Use the Services only for lawful purposes and within the scope of your subscription.

You are responsible for activities conducted through your Account, except to the extent an applicable law provides otherwise or the activities result from circumstances for which you are not responsible.

Commclan may request information reasonably necessary to verify your identity, business, payment method, eligibility for particular services, or compliance with applicable telecommunications requirements.

You must not impersonate another person or business, provide fraudulent registration information, or create accounts to evade restrictions imposed by Commclan.

4. Business and Organizational Accounts

Customers using Commclan for business purposes are responsible for administering their organizational accounts and determining which individuals may access them.

The Customer is responsible for:

• Assigning and revoking user permissions.
• Configuring administrator privileges.
• Ensuring that users are authorized to access business communications.
• Maintaining appropriate internal policies for communications and data handling.
• Managing employee departures and access changes.
• Ensuring that its use of the Services complies with applicable employment, privacy, and telecommunications laws.

Where permitted by law and the applicable account configuration, organizational administrators may access account information, usage reports, messages, recordings, or other business data associated with their organization.

Customers should inform their Authorized Users of applicable monitoring, recording, retention, and access policies.

5. Subscriptions, Fees, and Billing

5.1 Subscription Plans

Certain Services require a paid Subscription. Pricing, included features, usage limits, billing intervals, and applicable taxes will be disclosed during purchase or in the applicable order, service agreement, or pricing schedule.

Unless otherwise specified, fees are payable in the currency and according to the billing terms presented at checkout or agreed upon in writing.

5.2 Recurring Billing

If you purchase a recurring Subscription, you authorize Commclan and its payment processors to charge your designated payment method for applicable subscription fees and other disclosed charges at the agreed billing intervals.

Recurring subscriptions continue until canceled in accordance with the applicable cancellation terms.

Where required by law, Commclan will obtain the necessary consent for automatic renewal and provide applicable renewal disclosures and cancellation options.

5.3 Additional Charges

Additional fees may apply to services or usage not included in your Subscription, including, where applicable:

• International or premium-rate calls.
• Additional phone numbers.
• Usage exceeding plan allowances.
• Messaging or carrier-related fees.
• Number porting or specialized configuration.
• Additional users, storage, integrations, or premium features.

Applicable charges will be disclosed in the relevant pricing terms, order, or service documentation.

5.4 Taxes

You are responsible for applicable sales, use, telecommunications, excise, value-added, and other taxes associated with your purchase, except for taxes based on Commclan’s net income.

5.5 Failed Payments

If a payment fails, Commclan may notify you and request updated payment information. Subject to applicable law and any applicable agreement, Commclan may restrict or suspend paid features if payment remains outstanding.

5.6 Price Changes

Commclan may change subscription prices or fees prospectively. Where required by law or an applicable agreement, Commclan will provide advance notice before a price change takes effect.

If you do not accept a price change, you may cancel the affected Subscription before the change becomes effective, subject to your existing contractual obligations.

6. Subscription Cancellation and Refunds

You may cancel your Subscription through the available account settings or by contacting info@staging.commclan.com, as applicable to your plan.

Unless otherwise stated in your order or required by law:

• Cancellation stops future renewals after the applicable cancellation takes effect.
• You may retain access to paid features until the end of the current paid billing period.
• Fees already paid are nonrefundable, except where required by law or expressly provided in the applicable agreement or refund policy.
• Usage charges incurred before cancellation remain payable.
• Cancellation of a Subscription does not automatically cancel unrelated services or third-party subscriptions.

Any minimum commitment, early termination fee, or special cancellation condition must be disclosed in the applicable order or service agreement.

Nothing in this section limits any mandatory consumer cancellation, refund, or renewal rights.

7. Free Trials and Promotional Offers

Commclan may offer free trials, promotional subscriptions, discounts, or limited-access plans.

Promotional offers may be subject to additional conditions, eligibility requirements, and expiration dates.

If a free trial converts to a paid Subscription, the applicable conversion date, price, and billing terms will be disclosed before or during enrollment, as required by law.

Commclan may modify or discontinue promotional offers in accordance with their stated conditions and applicable law.

8. Communications, Calling, and Messaging

You may use the Services to communicate with other users, customers, employees, business contacts, and other recipients, subject to these Terms and applicable law.

You are responsible for ensuring that your communications are lawful and authorized.

You must not use Commclan to:

• Send unsolicited or unlawful commercial messages.
• Conduct fraudulent, deceptive, threatening, harassing, or abusive communications.
• Make unlawful robocalls or use prohibited automated dialing practices.
• Send messages without legally required consent.
• Misrepresent caller identification or manipulate telephone numbers for fraudulent purposes.
• Transmit malicious code, harmful links, or deceptive content.
• Violate applicable carrier rules, messaging registration requirements, or telecommunications regulations.

Commclan may apply usage limits, fraud-prevention controls, call restrictions, messaging limits, or verification requirements to protect users, carriers, recipients, and the integrity of the Services.

9. SMS and MMS Messaging Terms

Where Commclan offers SMS or MMS functionality, the following additional terms apply.

9.1 Consent

You must obtain all legally required consent before sending messages, including consent for marketing or automated messaging where applicable.

You must maintain appropriate records of consent and comply with applicable federal, state, and international messaging laws and carrier requirements.

9.2 Opt-Out Requests

You must honor recipients’ valid opt-out requests promptly and in accordance with applicable law and carrier requirements.

Where supported, recipients may reply with recognized opt-out keywords such as STOP to discontinue covered messages. You must not continue sending messages that the recipient has opted out of receiving, except for communications legally permitted after opt-out, such as an appropriate confirmation.

9.3 Message Content

You must not use messaging services for spam, unlawful marketing, prohibited content, fraud, phishing, or other activities prohibited by law or applicable carrier policies.

9.4 Delivery and Charges

Message delivery is not guaranteed. Messages may be delayed, filtered, blocked, or undelivered because of carrier restrictions, network availability, recipient settings, or other factors beyond Commclan’s reasonable control.

Standard carrier messaging and data charges may apply to recipients and users according to their wireless plans.

Where required, additional messaging terms, campaign registration requirements, or disclosures will be presented separately.

10. Emergency Calling and 911 Services

Important: Commclan’s VoIP services may not operate in the same manner as traditional telephone services for emergency calls.

The availability and functionality of 911 or other emergency calling services depend on the Services provided, your location, your device, your network connection, and the applicable service configuration.

Where Commclan supports emergency calling, you acknowledge the following limitations:

1. Emergency calling may require configuration or registration of a valid service address.
2. Emergency calls may not function during power outages, internet disruptions, network failures, service interruptions, or account restrictions.
3. Emergency calls may be routed differently from calls made through traditional telephone networks.
4. Emergency responders may receive inaccurate or incomplete location information.
5. Moving a device or using the Service from a different location may affect emergency call routing or location identification.
6. Emergency calling availability may vary by country, region, device, and subscription.

You should maintain access to an alternative means of contacting emergency services where appropriate.

Do not rely exclusively on Commclan for emergency communications unless the applicable service has been expressly configured and confirmed as suitable for that purpose.

Commclan will provide applicable emergency-calling disclosures and obtain any required acknowledgments before activating services where required by law. Nothing in these Terms excludes any emergency-service obligations that Commclan must fulfill under applicable law.

11. Number Porting and Telephone Numbers

Commclan may support the transfer of eligible telephone numbers to or from its platform, subject to carrier availability and applicable regulations.

Number porting may depend on accurate account information, authorization, eligibility, and cooperation from the relevant telecommunications providers.

You agree to provide accurate information and authorize the necessary porting activities when requesting a transfer.

Porting timelines are estimates and may be affected by third-party carriers or regulatory requirements.

You must not cancel an existing telephone service before a number transfer is completed if doing so could jeopardize the transfer.

Telephone numbers may be subject to regulatory, geographic, carrier, and service-specific restrictions. Commclan does not guarantee that a particular number will remain available indefinitely or that every number can be transferred.

Number ownership, portability, and release rights will be governed by applicable law and the relevant carrier arrangements. Commclan will not intentionally interfere with a valid porting request contrary to applicable law.

12. Acceptable Use Policy

You agree to use the Services responsibly and lawfully.

You must not, directly or indirectly:

• Violate any applicable law, regulation, court order, or third-party right.
• Use the Services to commit fraud, impersonation, harassment, stalking, or other unlawful conduct.
• Transmit threats, unlawful discriminatory content, or other prohibited material.
• Attempt to gain unauthorized access to accounts, networks, or systems.
• Interfere with the security, availability, or operation of the Services.
• Reverse engineer, decompile, or attempt to extract source code, except to the extent expressly permitted by applicable law.
• Circumvent usage restrictions, authentication controls, or security mechanisms.
• Use the Services to distribute malware, conduct phishing, or launch cyberattacks.
• Resell, sublicense, or commercially exploit the Services without Commclan’s written authorization.
• Engage in unlawful call pumping, traffic manipulation, artificial call inflation, or other telecommunications fraud.
• Use the Services in violation of sanctions, export controls, or applicable carrier restrictions.

Commclan may investigate suspected violations and take proportionate action, including warnings, restrictions, suspension, or termination, subject to applicable law and contractual obligations.

13. Call Recording, Transcription, and Monitoring

Certain Services may allow users to record, transcribe, analyze, or monitor calls and other communications.

You are solely responsible for ensuring that the use of these features complies with all applicable laws, including requirements concerning:

• Consent to record or monitor communications.
• Notification of participants.
• Privacy and personal information.
• Employment and workplace monitoring.
• Confidential or privileged communications.
• Data retention and deletion.

You must obtain all required permissions and provide all required notices before recording or transcribing communications.

Commclan does not determine whether a particular recording is lawful in your circumstances and does not replace your legal compliance obligations.

14. Customer Content and Data Responsibilities

You retain your rights in Customer Content, subject to any rights necessary to provide the Services.

You grant Commclan a limited, non-exclusive right to host, store, process, transmit, and otherwise use Customer Content as reasonably necessary to provide, maintain, secure, troubleshoot, and support the Services, comply with law, and perform our contractual obligations.

You represent that you have all rights, permissions, and lawful grounds necessary to submit and process Customer Content through the Services.

You are responsible for the accuracy, legality, and appropriateness of your Customer Content and for determining the appropriate retention and backup arrangements for your business.

Commclan may remove or restrict access to content where reasonably necessary to address a legal requirement, security threat, violation of these Terms, or valid third-party rights claim.

Commclan’s handling of personal information is further described in its Privacy Policy.

15. Privacy and Data Protection

Commclan’s collection, use, disclosure, and protection of personal information are governed by its Privacy Policy, which should be made available on the website and incorporated into these Terms by reference.

Depending on the Services used, information processed may include account details, contact information, call metadata, messages, device information, usage logs, and recordings or transcripts enabled by users.

You must ensure that you have an appropriate legal basis and all necessary permissions to submit personal information belonging to employees, customers, or other individuals.

Where Commclan processes personal information on your behalf as a service provider or processor, additional data processing terms may apply.

Commclan will handle personal information in accordance with its applicable privacy commitments and legal obligations.

16. Third-Party Services and Integrations

The Services may integrate with or rely on third-party applications, software, carriers, networks, payment processors, app stores, and other service providers.

Third-party services may be governed by their own terms and privacy policies.

Commclan is not responsible for the independent operation, availability, security, or policies of third-party services except to the extent responsibility cannot lawfully be excluded or is otherwise expressly assumed by Commclan.

Your use of third-party services is at your discretion and may require separate accounts, permissions, fees, or agreements.

Changes to third-party services may affect the availability or functionality of Commclan features that depend on them.

17. Mobile Applications

Commclan may provide mobile applications for compatible devices.

You are responsible for maintaining a compatible device, operating system, internet connection, and required security settings.

Application availability and functionality may depend on the applicable app store, device manufacturer, operating system, and network provider.

You must comply with the terms of the relevant app store when downloading or using the application.

Commclan may release updates, security patches, bug fixes, and feature changes. Certain updates may be necessary to continue using the Services.

If you download an application from Apple’s App Store or Google Play, any applicable store-specific terms will apply in addition to these Terms. The applicable app store is not responsible for providing Commclan’s communications services or customer support, except where its own terms or applicable law provide otherwise.

18. Intellectual Property Rights

Commclan and its licensors retain all rights, title, and interest in the Services, including the software, platform architecture, website design, trademarks, logos, documentation, and other proprietary materials.

These Terms grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Services during the applicable subscription period, solely for authorized purposes.

You must not copy, modify, distribute, publicly display, create derivative works from, or commercially exploit Commclan’s proprietary materials except as expressly authorized or permitted by law.

No ownership rights are transferred to you under these Terms.

You retain ownership of Customer Content, subject to the limited rights granted to Commclan to provide the Services.

If you submit suggestions, feedback, or recommendations about the Services, Commclan may use them without restriction or compensation, provided this does not grant Commclan ownership of your confidential information or Customer Content.

19. Service Availability and Maintenance

Commclan will make commercially reasonable efforts to maintain the availability and functionality of the Services.

However, uninterrupted or error-free service is not guaranteed unless expressly provided under a separate service-level agreement.

The Services may be temporarily unavailable due to:

• Scheduled maintenance or upgrades.
• Emergency security or reliability work.
• Internet, power, or telecommunications outages.
• Third-party carrier or infrastructure failures.
• Cyberattacks or other security incidents.
• Governmental actions or legal restrictions.
• Events outside Commclan’s reasonable control.

Where reasonably practicable, Commclan may provide advance notice of planned maintenance that materially affects the Services.

Any uptime commitments, support response times, service credits, or enhanced availability guarantees must be specified in the applicable service-level agreement or order.

20. Suspension and Termination

You may stop using the Services at any time and may cancel your Subscription in accordance with Section 6.

Commclan may suspend or restrict access to all or part of the Services where reasonably necessary to:

• Address suspected fraud, unlawful activity, or abuse.
• Protect the security or integrity of the platform.
• Prevent material harm to users, carriers, or third parties.
• Comply with a legal obligation or valid governmental order.
• Address overdue payments in accordance with the applicable agreement.
• Respond to a material violation of these Terms.

Where practicable and legally permitted, Commclan will provide notice and an opportunity to remedy the relevant issue before suspension or termination.

Commclan may terminate an affected Subscription for a material breach that remains uncured after any applicable notice and cure period.

Upon termination, your right to use the affected Services ends. Data access, export, retention, and deletion will be handled according to the applicable agreement, Privacy Policy, and legal requirements.

You should export any data you need before the end of your Subscription, where export functionality is available. Commclan does not guarantee continued access to data after the applicable retention period.

Sections that by their nature should survive termination will remain in effect, including applicable provisions concerning payment obligations, intellectual property, indemnification, limitations of liability, and dispute resolution.

21. Warranties and Disclaimers

To the maximum extent permitted by applicable law, the Services are provided on an “as available” and, where legally permissible, “as is” basis.

Commclan does not warrant that the Services will always be uninterrupted, error-free, completely secure, compatible with every device or third-party service, or available in every geographic location.

Commclan does not guarantee that calls, messages, recordings, or other communications will always be delivered, received, stored, or processed without delay or interruption.

Except for express warranties provided in a separate written agreement and warranties that cannot lawfully be excluded, Commclan disclaims implied warranties to the extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Nothing in these Terms excludes a warranty or consumer right that cannot lawfully be excluded or limited.

22. Limitation of Liability

To the maximum extent permitted by applicable law, Commclan and its affiliates, officers, employees, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, or data, arising out of or related to the Services.

To the maximum extent permitted by applicable law, Commclan’s aggregate liability arising out of or relating to the Services or these Terms will not exceed the fees paid or payable by you to Commclan for the affected Services during the twelve (12) months immediately preceding the event giving rise to the claim.

These limitations apply regardless of the legal theory of liability and even if a party has been advised of the possibility of such damages.

The limitations in this section do not apply to liabilities that cannot lawfully be limited or excluded, including any liability that applicable law requires to remain available. Any additional exceptions, including those relating to fraud, willful misconduct, gross negligence, death, or personal injury, will apply to the extent required by governing law.

Nothing in these Terms limits rights that cannot legally be waived.

23. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Commclan and its affiliates, officers, employees, and agents against third-party claims, losses, liabilities, damages, and reasonable expenses arising from:

• Your unlawful use of the Services.
• Your material violation of these Terms.
• Customer Content that infringes a third party’s rights or violates applicable law.
• Your failure to obtain legally required consent for calls, recordings, or messages.
• Your violation of applicable telecommunications, privacy, marketing, or consumer protection laws.

This obligation does not apply to the extent a claim results from Commclan’s own breach, negligence, willful misconduct, or other conduct for which applicable law does not permit indemnification by you.

Commclan will provide reasonable notice of an indemnifiable claim and cooperate with your defense as appropriate. You may not settle a claim in a manner that imposes liability or obligations on Commclan without its prior written consent.

24. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Subject to any mandatory jurisdictional or consumer protection rights, disputes arising from these Terms or the Services will be brought before the state or federal courts located in Texas that have jurisdiction over the dispute.

Nothing in this section prevents either party from seeking appropriate interim relief or exercising a right that cannot lawfully be waived.

If Commclan later adopts mandatory arbitration, class-action waiver, or other special dispute-resolution provisions, those provisions should be added through a separately reviewed clause with all required disclosures and legally valid acceptance procedures.

25. Changes to These Terms

Commclan may update these Terms from time to time to reflect changes in the Services, business operations, legal requirements, or security practices.

The updated version will be published on the website with a revised “Last Updated” date.

Where required by law or the applicable agreement, Commclan will provide advance notice of material changes.

Changes will take effect on the date specified in the notice or updated Terms, subject to applicable legal requirements. Your continued use of the Services after the effective date constitutes acceptance only to the extent such acceptance is legally valid. Where affirmative consent is required, Commclan will obtain it.

If you do not agree to a material change, you may stop using the affected Services and cancel your Subscription in accordance with the applicable cancellation terms.

26. Force Majeure

Commclan will not be responsible for a delay or failure to perform to the extent caused by circumstances beyond its reasonable control, including natural disasters, severe weather, war, terrorism, civil unrest, government action, labor disputes, widespread internet or telecommunications outages, power failures, and major third-party infrastructure disruptions.

This section does not excuse payment obligations already due or any obligation that applicable law requires Commclan to perform.

27. General Provisions

27.1 Entire Agreement

These Terms, together with the applicable order, Subscription terms, Privacy Policy, and any signed service-level or other written agreement, constitute the agreement governing your use of the relevant Services. If an executed written agreement expressly conflicts with these Terms, the executed agreement will control to the extent of the conflict.

27.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

27.3 No Waiver

A failure or delay in enforcing a provision does not waive the right to enforce it later.

27.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without Commclan’s prior written consent, except where applicable law provides otherwise. Commclan may assign these Terms in connection with a merger, reorganization, or sale of relevant business assets, subject to applicable law.

27.5 No Third-Party Beneficiaries

Except where expressly stated or required by law, these Terms do not create enforceable rights for third parties.

27.6 Electronic Communications

You consent to receive service-related notices, account communications, billing notices, and other operational communications electronically, subject to applicable law and any required consent.

Marketing communications will be handled in accordance with applicable consent and opt-out requirements.

27.7 Language

If these Terms are translated into another language, the controlling version will be identified in the applicable agreement or notice, subject to applicable law.

28. Contact Information

If you have questions about these Terms, your Subscription, or the Services, please contact:

Commclan LLC

10031 Monroe Dr, Suite 303
Dallas, TX 75229
United States

Email: info@staging.commclan.com

Website: https://www.staging.commclan.com