Terms of Service

Our Services Include

• • Cellular Data Plans: 5G/LTE connectivity through Verizon, AT&T, T-Mobile, and dual-carrier options
• • Hardware Sales: Peplink routers and cellular gateways (sold unconfigured)
• • Static IP Services: Dedicated IP addresses where available
• • Customer Support: Technical assistance for service-related issues

Eligibility Requirements

• • You must be at least 18 years old or the age of majority in your jurisdiction
• • You must have the legal authority to enter into this agreement
• • You must provide accurate and complete information during registration
• • Business customers must be authorized to bind their organization

Account Responsibilities

• • Maintain the confidentiality of your account credentials
• • Notify us immediately of any unauthorized use of your account
• • Keep your contact and billing information current
• • You are responsible for all activities under your account

Service Activation

• • Services begin upon successful payment and SIM activation
• • Physical SIMs require shipping time; eSIMs activate immediately
• • Hardware orders ship separately and may have different delivery times
• • Service availability depends on carrier coverage in your area

Acceptable Use Policy

Billing Cycle

• • Services are billed monthly in advance on your billing date
• • Billing date is determined by your initial service activation
• • First month may be prorated based on activation date
• • Invoices are sent via email prior to each billing cycle

Payment Methods & Processing

• • We accept major credit cards (Visa, Mastercard, Amex, Discover)
• • ACH/bank transfers available for qualified accounts
• • All payments processed securely through Stripe
• • Automatic renewal unless you cancel before billing date
• • Payment information must be kept current

Failed Payments

• • Multiple retry attempts will be made for failed payments
• • You'll receive email notifications for payment failures
• • Services may be suspended after 5 days of non-payment
• • Account may be terminated after 30 days of non-payment
• • Reactivation may require payment of outstanding balance plus fees

Service Availability

• • We strive for high availability but cannot guarantee 100% uptime
• • Service depends on carrier network availability and coverage
• • Scheduled maintenance will be announced in advance when possible
• • Emergency maintenance may occur without prior notice
• • No credits for downtime outside our control (carrier issues, natural disasters)

Network Management

• • We may implement reasonable network management practices
• • Traffic prioritization may occur during network congestion
• • See our Network Management Policy for details
• • Data speeds depend on carrier network and location
• • 5G/LTE speeds are not guaranteed and may vary

Hardware & Support Limitations

• • Hardware is sold unconfigured - setup is customer responsibility
• • Technical support limited to FAILOVER5 services and SIM connectivity
• • We do not provide hardware configuration or networking support
• • Hardware warranty provided by manufacturer (Peplink), not FAILOVER5
• • Refer to manufacturer documentation for hardware setup and troubleshooting

Our Intellectual Property

• • FAILOVER5 name, logo, and branding are trademarks of Twisted VoIP LLC
• • Website content, design, and materials are protected by copyright
• • You may not use our trademarks without written permission
• • Unauthorized use may result in legal action

License to Use Services

We grant you a limited, non-exclusive, non-transferable license to:

• • Access and use our services for your business purposes
• • Use our customer portal and monitoring tools
• • Access documentation and support resources

Your Content & Data

• • You retain ownership of data transmitted through our services
• • You are responsible for the legality of your content
• • We may access data only as necessary for service delivery or legal compliance
• • You grant us license to process data necessary for providing services

Limitation of Liability

Service Disclaimers

Indemnification

You agree to indemnify and hold harmless FAILOVER5, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:

• • Your use or misuse of our services
• • Your violation of these Terms
• • Your violation of any laws or regulations
• • Your infringement of third-party rights

Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Informal Resolution

Before filing any legal action, you agree to attempt to resolve disputes informally by contacting us at support@failover5.com. We'll work in good faith to resolve the issue within 30 days.

Governing Law

• • These Terms are governed by the laws of the State of Arizona
• • Any disputes shall be resolved in courts located in Maricopa County, Arizona
• • You consent to the exclusive jurisdiction of these courts

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or class arbitrations.

Termination by You

• • You may cancel services at any time through your account portal or by contacting support
• • See our Refund & Cancellation Policy for details
• • Services remain active until the end of your billing cycle

Termination by FAILOVER5

We may suspend or terminate your account immediately if:

• • You violate these Terms or our Acceptable Use Policy
• • Your payment fails and remains unpaid for 30 days
• • You engage in fraudulent or illegal activities
• • Your usage threatens network integrity or other customers
• • Required by law or regulatory authority

Effect of Termination

• • All rights to use services immediately cease
• • Outstanding balances become immediately due
• • You may request data export within 30 days (if applicable)
• • We may delete your account data after 90 days
• • Certain provisions survive termination (payment obligations, indemnification, limitations of liability)

Entire Agreement

These Terms, along with our Privacy Policy, Refund & Cancellation Policy, and Network Management Policy, constitute the entire agreement between you and FAILOVER5.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.