Terms of Service
THESE TERMS OF SERVICE (TOS) PROVIDE FOR SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF JURY
TRIALS. See Section 13.
From time to time, Apeiron offers special or different terms and conditions for Apeiron services
sponsored or co-branded by Apeiron business partners. By subscribing to Apeiron service under
these special service offers, the terms of service for such special service offers shall apply
and supersede these TOS.
Apeiron offers you the option to select rate plans with or without a minimum term commitment or
"agreement." Starting on the date of your order or the date your payment is processed, whichever
is later ("Order Date"), your payment method will be charged monthly (or annually, for the
annual pre-paid plan) in advance for all service plan charges, fees, taxes and surcharges. For
calls that are not included in your selected service plan or that exceeds any plan limitations
including those set forth in the Reasonable Use Policy. Usage based charges will be charged
monthly as due or at the companies discretion mid-cycle if they exceed $100.00. See Sections
5(A) and 8(A). Your payment will be used for all future credits/debits made to your account.
Late payments and returned checks are subject to late payment fees and returned check fees,
Before you receive your device and/or your new or transferred number is activated, you can log
into your online web account to set up various features such as voicemail, IVR, Queues, network
VPNs and call forwarding.
Cancellation is effective on the date you contact Apeiron to cancel your service or as of a
future date designated by you or us, provided we can support future cancellation of service
requests as of that future date. Early Termination Fees ("ETFs") may also apply if you cancel
your service and had signed a service order form that specified a minimum monthly commitment.
See Section 5(D). Charges for any overages, payphone calls to Apeiron toll free numbers,
out-of-plan international calls, international call forwarding or any other features and
services outside your plan are separately billed and charged to your payment method after
cancellation. See Sections 5(D) and 5(F).
A high speed internet connection, provided either by Apeiron or a third party ISP ("Broadband
Provider"), or a private IP (network VPN) connection provided by Apeiron, is required in order
to use Apeiron's business phone service; Wi-Fi or 3G/4G may be required for our mobile
applications. Our service may not be compatible with home security systems, TTY, and other
systems. See Section 4(G).
Unlimited calling and other services are subject to normal use. See Section 4(D) and the
Reasonable Use Policy found on our website at www.apeiron.io.
- Emergency Services – 911 Dialing
- Customer Service
- Length of Service
- Fees, Taxes and Other Charges
- Billing, Payment and Notices
- Prohibitied Uses; Unlawful Uses and Inappropriate Conduct
- Limitation on Warranties, Remedies and Liability
- Indemnification and Waiver of Claims
- Miscellaneous Legal Considerations
- Dispute Resolution and Binding Arbitration
- Changes to these Terms of Services
- Export Controls
- Copyright and Trademark; DCMA
These Terms of Service ("Terms of Service" or "TOS") constitute the agreement between Apeiron
Systems, Inc. ("Apeiron") and the user of Apeiron's communications services and any related
products or services. This agreement governs both our service and any Apeiron-approved or
Apeiron-branded devices used with our service. It applies to all lines on each Apeiron account.
Apeiron is sometimes referred to as "we," "us," "our," or "Apeiron" and the user is sometimes
referred to as "you," "your," "user," or "customer".
By subscribing to or using our service, including those services, features or functionality
provided by means of mobile applications, you agree to these Terms of Service. All information
linked to these Terms of Service is part of it. However, from time to time, Apeiron offers
special or different terms and conditions for Apeiron services sponsored or co-branded by
Apeiron business partners. By subscribing to Apeiron service under these special offers, the
terms of service for such special offers shall apply and supersede these Terms of Service.
Notwithstanding anything to the contrary set forth herein, if your Apeiron account is governed by
a different terms of service in connection with an Apeiron co-branded service offer, then any
additional lines or features you add to your Apeiron account will be governed by that co-branded
TOS. To the extent the co-branded TOS does not address the additional features to which you
subscribe under that plan, the then-current Apeiron TOS will apply solely with respect to that
additional feature(s). If you terminate your service under the co-branded offer and move to a
different rate plan for your Apeiron service, the co-branded TOS will no longer govern the
provision of your Apeiron service. The terms of service for the new rate plan will apply to all
your Apeiron service.
The term of this agreement will be either month to month or for the term specified in the plan
you select when you initiate service with us (the "Term"). If a Term is not explicitly specified
on the Quote Acceptance and Order Acceptance forms (Online orders) or the Service Order Form
(ICB Orders) then the order shall be considered a month to month order and will no term beyond
the current billing month. The Term begins on your Order Date. If you or we change your plan,
your Term and monthly rate may change (depending on the new plan), and additional terms and
conditions associated with that plan, may apply. Your acceptance of service from us constitutes
website at www.apeiron.io.
Revisions to these Terms of Service
From time to time we may make revisions to these Terms of Service, our Reasonable Use Policy, our
to our website, or sending an email to the email address that you provide to receive
communications from us, or to your Web Account. You agree to visit our website and your Web
Account periodically and to check your email box to review any such revisions. You also agree to
notify us immediately of any changes to your email address. By continuing to use our services
after revisions are effective, you accept and agree to abide by those revisions.
By subscribing to our service, you agree that we may provide to you by use of electronic
communications required notices, agreements, and other information concerning Apeiron, including
2. Emergency Services – 911 Dialing
A. 911 Disclosure During Subscribe
Apeiron 911 service is different from traditional wire line 911 and cellular/wireless 911, but it
is a safe and reliable means of emergency dialing that may differ depending on where you are
located, and the device used, when using your Apeiron service.
Apeiron customers have access to Enhanced 911 (E911), basic 911 or a national emergency call
center. When you dial 911, if you have subscribed to an E911 feature or service, your Apeiron
phone number and registered address is sent to the local emergency center serving your location,
and emergency operators have access to this information in order to send help and call you back
if necessary. With basic 911, when you dial 911, local emergency operators answering the call
may not see your Apeiron telephone number or your registered address. The emergency center may
not be equipped to receive, capture or retain your Apeiron telephone number and registered
address, so you must be prepared to give them this information. Until you give the operator your
phone number, he/she may not be able to call you back or dispatch help if the call is dropped or
disconnected, or if you are unable to speak. Once local emergency centers are capable of
receiving our customers' information, we automatically upgrade customers with basic 911 to E911
If you do not have access to either basic 911 or E911 for any reason, your 911 call will be sent
to a national emergency call center, where a trained agent will ask for your name, telephone
number, and location, and then transfer you to the local emergency center nearest to your
We require you to provide the physical address where you will be using our service for 911
purposes. For E911 and basic 911, this address is used to route 911 calls to your local
emergency center. When you initially provide your physical address, it can take up to 120
minutes to verify your address and activate 911 services at this address.
If you move your service to another location, you must update your address. You may register only
one location at time. If you do not update your location, your 911 calls may be sent to an
emergency center near your old address. When you update your location, it can take several hours
to activate 911 services at the updated address. You may update your address using the Apeiron
dashboard (https://dashboard.apeiron.io) or using the Apeiron API.
Please note that our 911 Dialing service will not function in the event of a broadband or power
outage or if your broadband, Internet Service Provider (ISP), or Apeiron phone service is
B. 911 Dialing from Mobile Applications
Apeiron mobile applications are not a replacement for your cellular service and you cannot make
emergency (e.g., 911) calls using the software. If you attempt to make a 911 call from the
mobile application the mobile application will close and the call will be placed over your
cellular carrier's network. However, this does not prevent you from using your mobile phone for
making emergency calls via your cellular provider as normal. If you dial internationally
recognized emergency service numbers while using a mobile application, the mobile application
will close, the native dialer will be launched, and the call will be placed over your carrier's
cellular network. Neither your phone number nor your location will be reported to an emergency
operator when dialing an internationally recognized emergency service number.
3. Customer Service
We offer varying types and levels of customer service depending on a number of factors, including
the service you are using and the problems you are experiencing. For more information on our
customer service, please review the "Support" section of our web site www.apeiron.io. We assume
no obligation to provide support services for any third party products or services, or for
problems with our service caused by third party products or services. Unless you have entered
into a separate services agreement with us, we may change the customer service options at any
A. Service Distinctions
Our service may be subject to different regulatory treatment than traditional voice
telecommunications service. This treatment may limit or otherwise affect your rights of redress
before regulatory agencies. Our service requires high speed broadband or, for certain mobile
applications, a WIFI or other data connection (e.g. 3G/4G). Certain of our other services may be
used with devices such as wireless telephones, mobile telephones, smart phones, PDA's, tablets
or pads which we may or may not provide. Events beyond our control may affect our service, such
as power outages, fluctuations in the Internet, your underlying ISP or broadband service, system
maintenance or acts of God. We will act in good faith using commercially reasonable efforts to
minimize disruptions to your use of
B. Business and Moile Use of Service and Device
Apeiron's service is a business voice service. It is engineered to process and deliver traffic
profiles and utilization levels of our typical business customers' calling patterns (also
referred to as "normal use" by business plan customers). "Typical" refers to the calling
patterns of at least 95% of our customers on a particular calling plan. "Unlimited" does not
refer levels of usage beyond typical calling patterns. Telephone utilization that is indicative
of, or arising from, impermissible business or fraudulent use, as outlined herein, may create
network congestion that will manifest itself in increased busy signals or general call
Some Apeiron plans allow for the use of additional devices (such as personal computers, mobile
phones, extension phone number(s) registered with Apeiron or other Apeiron equipment) outside
the business as part of that service plan. If you subscribe to a service plan which permits use
of more than one device with the same voice line, your usage will be aggregated and assessed in
accordance with our Reasonable Use Policy.
Apeiron's mobile unlimited service plans and features are for normal commercial use and are
device specific. Use of Apeiron's unlimited mobile plans must be in accordance with the
Reasonable Use Policy and these Terms of Service, and consistent with other typical customers on
the same mobile calling plan. Unauthorized or excessive use beyond that normally experienced by
typical mobile customers on the same plan may cause busy signals and may result in service
C. Non-Business Uses
- The following uses are not considered business uses and are not permitted under business
plans: autodialing; continuous or excessive call-forwarding or conferencing;
inbound/outbound centralized or distributed call center activity; telemarketing of any kind
(including, but not limited to, charitable or political solicitation or polling); fax or
voicemail broadcasting; and fax or voicemail blasting. See Section 10 for more details.
Certain business plans may require you to be responsible for supplying, operating, and
supporting the standard SIP-based Customer Premise Equipment for use with the service. As
the subscriber and operator or administrator of this equipment, you are responsible for
maintaining the security of the equipment, including but not limited to the physical and
network security elements of your equipment, and any and all charges related thereto.
- Apeiron has calling plans that accommodate high utilization rates and if traffic rises to
such a level on Business plans Apeiron will offer such programs to customers with these
D. Inconsistent with Normal Use
If you use the service, any feature and/or any device (including, but not limited to, your
personal computer(s), mobile phone(s) or Apeiron equipment) in a way that is inconsistent with
the normal use for your service, feature or plan, you will be required, at Apeiron's sole
discretion, to (a) pay the rates for the service, feature or plan that would apply to the way
you used the service, feature or device, (b) change to a more appropriate plan or (c) terminate
the plan. For example, if you subscribe to one of our business service plans, and your aggregate
usage is inconsistent with normal businessuse, you may thereafter be required to pay our
applicable, higher rates for service for all periods in which your use of our service or the
device was inconsistent with normal business use.
Apeiron evaluates customer usage in comparison to similarly situated customers, e.g., residential
use under residential service plans or small business use under small business service plans or
affiliate use under co-branded service offers or plans. For example, over ninety five per cent
(95%) of Apeiron's business unlimited calling plan customers use less than three thousand (3000)
minutes per month per call path and do not have any unusual calling patterns. We may conclude
that a customer's aggregate usage is outside of normal use if it exceeds 3000 minutes per month
IN COMBINATION with one or more of the following, including, but not limited to, excessive:
- Number of unique numbers called;
- Call lengths;
- Frequency of call forwarding/transferring;
- Conference calling;
- Excessive calls to conference bridges;
- Short duration calls or chats;
- Calls made during business hours;
- Number of calls terminated and re-initiated consecutively, which, in the aggregate, result
in excessive call lengths during a specific time frame; or
- Other abnormal calling patterns indicative of an attempt to evade enforcement of these Terms
of Service and our Reasonable Use Policy.
Apeiron may also determine that abnormal, unreasonable or impermissible usage is occurring, and
may take appropriate steps described below even if the number of minutes used is not excessive,
when a customer's calling patterns during more than one month reflect excessive:
- Unique numbers called;
- Call lengths;
- Frequency of call forwarding/transferring;
- Conference calling;
- Short duration calls;
- Number of calls terminated and re-initiated consecutively, which, in the aggregate, result
in excessive call lengths during a specific time frame;
- Other abnormal calling patterns indicative of an attempt to evade enforcement of these Terms
of Service and our Reasonable Use Policy, or
- at a multi-residential address for more than one single residence.
Apeiron may take appropriate steps to enforce these Terms of Service and our Reasonable Use
Policy. We reserve the right to review your account and take further action, including, but not
limited to, immediate suspension of your Apeiron service if account usage is beyond normal
standards, impermissible or detrimental to other customers' ability to use the service or
adversely affects our operations. We may assess abnormal usage based on comparisons to the usage
patterns and levels of our other customers. If we determine that you are engaging in abnormal or
impermissible usage, we will use commercially reasonable efforts to inform you and provide you
with the opportunity to correct the improper usage. If we give you the opportunity to correct
your abnormal usage patterns and you fail to immediately conform to normal use, we may exercise
our right to transfer your service to a more appropriate plan, charge applicable rates or
suspend or terminate your service. You acknowledge that if your service is terminated under this
provision, you are subject to all applicable fees and taxes at the time your service is
terminated. Apeiron's right to terminate your account under Section 5(E) (with or for no reason)
is not limited by this provision.
E. No O+ or Operator Assisted Calling; May Not Support x11 Calling
Our service does not support 0+ or operator assisted calling, including, without limitation,
collect calls, third party billing calls, 900, or calling card calls. Our service may not
support 311, 511, and other x11 services in one or more service areas. Our service may support
specified dialing such as 911 and 411, although certain mobile applications may not provide such
dialing services. 411 charges may vary by plan.
F. No Directory Listing
The phone numbers you get from us will not be listed by us in any telephone directories unless a
directory listing feature is subscribed to and confirmed. However, any phone numbers you
transfer from your local phone company may be or remain listed.
G. Incompatibility With Other Services
- Non-Voice Equipment Limitations. You acknowledge that our service may not
be compatible with all non-voice communications equipment, including but not limited to home
security systems, TTY, medical monitoring equipment, certain versions of TiVo, AOL, Netflix
and other streaming services, cable television services, FiOS, satellite television systems,
PBX, Centrex, other private telephone networks, or computer modems. You waive any claim
against Apeiron for interference with or disruption of these services and equipment, as well
as any claim that Apeiron is responsible for any disruption to your business, if applicable.
- Certain Broadband, Cable Modem, and Other Services. You acknowledge that
our service may not be compatible with certain cable broadband service. There may also be
other services with which our service may be incompatible. Some providers of broadband
service may provide modems that prevent the transmission of communications using our
service. We do not warrant that our services will be compatible with all broadband services
and expressly disclaim any express or implied warranties regarding the compatibility of our
service with any particular broadband service.
You will be asked to create a password in order to gain access to your account information
on-line or when contacting an Apeiron agent by phone. Certain applications may permit you to
extend use of such application to others using your password information. You agree to keep all
passwords and account information confidential and are solely responsible for any liability or
damages resulting from your failure to maintain that confidentiality and for all activities that
occur under your password, including without limitation usage by others. You must immediately
notify us if you suspect any breach of security such as loss, or unauthorized disclosure or use
of your password and account.
I. Changes to Service Plans
Your service plan includes terms and conditions such as monthly service allowances, limitations
and features, and the associated charges, all as described at www.apeiron.io or in other
communications and materials made available to you in connection with your order or changes to
your service. You acknowledge that your service plan is also subject to these Terms of Service.
Our service is subject to our business policies, practices and procedures, which we can change
at any time without notice. Unless otherwise prohibited by applicable law, we can also change
the terms and conditions of your service plan (such as features and prices) at any time, with or
without notice. If we do give you notice, it may be provided on your account web page or monthly
bill, in a newsletter, in a mailing, by e-mail, by telephone or other communication permitted
under applicable law. If your calling plan has been changed this does not affect the terms of
your existing service agreement.
J. Virtual Numbers
International virtual numbers are not retained and may not be transferred.
5. Length of Service
A. Service Term
We provide our service to you indefinitely. Your service term refers to the period of time for
which we will bill you periodically in advance (for example, one month or one year). The service
term is the term that you selected from the options available when you signed up for our
service. Your first service term begins on the Order Date. It is not the day you receive the
equipment you ordered or the first time you use the service. Your service will continue until
canceled by you or by us as provided for herein. Please note that your obligations begin on your
Order Date and are indefinite.
B. Automatic Renewal
Your service term automatically renews for the same term you selected unless you call us at
310-705-0050 to cancel your service before the end of your then current service term. The
renewal begins on the day after the last day of your service term.
C. Early Termination Fees
If a promotional or plan benefit (such as an equipment upgrade, free month or discounted pricing
of service, free installation, rebate, or other incentive) is provided to you at no charge or at
a specified discount based on your keeping Apeiron service for a specific length of time, then,
unless otherwise specified in the offer you received, the specified period begins on the Order
If you terminate your service before that period of time expires, then you will be subject to an
Early Termination Fee. The applicable Early Termination Fee is assessed based upon the rate plan
you select. The ETF is pro-rated based upon the number of months in the term of the agreement
for your selected rate plan. Proration may not necessarily coincide with your bill cycle, and
may include a balloon payment at the end of the proration schedule.
You are responsible for all usage charges that are outside of the promotional or plan benefit.
Apeiron rate plans will not require you to sign an agreement or commitment for a specific Term.
Such rate plans will not carry an Early Termination Fee. Promotional rate plans may require an
agreement or commitment for a specific Term and such rate plans will carry an Early Termination
E. Our Right to Disconnect Software; Upgrade Software
We reserve the right to immediately disconnect your service at any time without notice under
- Unlawful or inappropriate use. If we determine in our discretion that you
have used our service or the device for an unlawful or inappropriate purpose or if we
determine that the use or content does not conform to the requirements in this agreement or
that it interferes with our ability to provide service to you or others, then we may
immediately disconnect your service at any time without notice. In addition, you shall not
use the Service or the Box to impersonate another person; send bulk unsolicited messages;
use robots, data mining techniques or other automated devices or programs to catalogue,
download, store or otherwise reproduce or distribute information from the Service or use any
such automated means to manipulate the Service; use the Service to violate any law, rule or
regulation; violate any third party's intellectual property or personal rights; or exceed
your permitted access to the Service. Subject to applicable law, we may, but are under no
obligation to, monitor usage of the Service for violations of this Agreement. We may remove
or block any or all communications if we suspect a violation of this Agreement or if we deem
it necessary in order to protect the Service, or Apeiron, its parent, affiliates, directors,
officers, agents and employees from harm.
- Non-Payment. If any charge to your payment method is declined or reversed,
your payment method expires and you have not provided us with a valid replacement payment
method, or in case of any other non-payment of account charges.
- Violation of laws. If we determine that you have used our service or your
device in violation of laws of jurisdictions outside of Apeiron service areas.
- Inconsistent Usage. If we determine that your use of the service, features,
or the device is, or at any time was inconsistent with normal inbound or outbound usage
patterns for the type of service or plan that you have purchased, or that you have at any
time used the service, feature or the device for any of these or similar activities.
- Tampering. If we determine that you have tampered with your device or any
aspect of Apeiron's service or network.
Our action or inaction under this section does not constitute any review or approval of your
action or use or content.
F. Fees Upon Disconnection
- Disconnection by You. If you attempt to disconnect service for one or more
of your lines before the end of your current service term, you will be responsible for all
the charges for your current term that are applicable to the disconnected line(s), including
unbilled charges, plus an Early Termination Fee per line, if applicable, as provided in
Section 7(G) below. Cancellation is effective on the date you or we cancel or which you
designate as the cancellation date (future disconnection date). Annual prepayment plan
charges are not subject to refund. If your service is cancelled before the end of your
billing cycle for any reason by you or us, there are no pro-rated refunds. Charges for any
overages, payphone calls to Apeiron toll free numbers, and out-of-plan international calls
or any other features and services outside your rate plan are separately billed and charged
to your selected payment method after cancellation. In addition, if you obtain a product or
service from us (e.g., a phone Adapter) for which a rebate or benefit was given to you that
was conditioned on maintaining your Apeiron service for a specified length of time, and you
disconnect service before the end of that period, you agree to pay us the applicable
recovery fee and/or Early Termination Fee. See Section 7(H) below. On multiple line
accounts, any Early Termination Fee arising from a cancellation of a line that is subject to
an ETF must either be paid upon cancellation or the remaining ETF balance may be transferred
to one of the other lines on that account. Such ETF balance continues on the account until
either the ETF obligation has expired or been satisfied.
- Disconnection by Apeiron with a Reason. If we discontinue service
generally, or disconnect your service without a stated reason, you will only be responsible
for the charges that have accrued through the date of the disconnection, including a
pro-rated portion of the final service term charges, and, if applicable, any recovery and
Early Termination Fees.
- Disconnection by Apeiron with a Reason. If we disconnect your service for
any of the reasons listed in Section 4(D) above, you will be responsible for all charges
through the end of your current service term, including unbilled charges, plus any
applicable disconnection, Early Termination Fees and any recovery fees.
- All Charges Owed at the Time of Disconnection will be Immediately Payable.
At the time of disconnection, we will immediately charge the credit or debit card you have
provided to us for payment, or initiate an electronic funds transfer if that is your payment
method, for all amounts due at that time. We will pursue collection for unpaid amounts on
disconnected accounts and may report these unpaid charges to credit bureaus.
G. Service Disconnection on Number Transfer or "Port"
- Single Line Accounts. You may be able to take, or "port," your current
number to another service provider. If you ask your new service provider to port a number
from us, we will terminate our service for that number promptly after we receive
notification from our competitive local exchange carrier that the porting of your number to
your new service provider has been completed successfully. We will terminate our service in
this fashion even if you have not independently called us to request disconnection. Once
your service is terminated in this manner, you will remain responsible for all charges and
fees through the end of the current billing cycle, including any unbilled charges, as well
as for any applicable Early Termination Fees or recovery fees that may be applicable as
provided in Sections 7(G) and 7(H) below. If a port is unsuccessful for any reason, then
unless you independently call us to request disconnection or unless we determine to
disconnect your line as stated in these Terms of Service, your service and your agreement
with us will not terminate, you will remain an Apeiron customer, and you will continue to be
responsible for all charges and fees associated with your Apeiron service.
- Multi Line Accounts. If you request your new service provider to port a
number from us and you have multiple numbers assigned to your account and/or additional
devices you are required to inform us by calling as specified in Section 5(H), of your
intent to terminate all the services on your account, prior to the successful completion of
the requested port or we will select the most appropriate billing plan for any remaining
numbers and/or devices on your Apeiron account, and you will continue to be responsible for
all the charges and fees associated with the remaining services on your Apeiron account.
Once the port of the requested number is completed, you will remain responsible for all
charges and fees through the end of that billing cycle, including any applicable Early
Termination Fees and recovery fees that may apply to the ported number.
H. Termination of Service
In order to terminate your service, you must contact our Customer Care Department, via telephone,
at the following number: 310-705-0050. Our Customer Care Department is available to assist you
with account terminations on Monday-Friday 9:00 a.m. to 12:00 a.m. and Saturday-Sunday 9:00 a.m.
to 8:00 p.m. Eastern Standard Time. If you decide to cancel your service with us, you must
contact our Customer Care Department to do so - simply disconnecting or returning your device to
us or one of our partners will not cancel your service and you will remain responsible for all
costs and fees associated with your account, including, but not limited to, monthly recurring
fees for your service plan.
A. Devices Purchased from a Retail Provider
- Return of Device. Except as provided in the limited warranty found in
Section 6(A)(2) below, if you purchased your device from a retail provider, you may return
your device only to that retail provider. All device returns are subject to the return
policy of the retail provider and are not eligible for any applicable money back guarantee
offered by us. We will not accept any device returned to us from a retail customer.
- Limited Warranty from Apeiron for Retail Customers Only. We will provide a
limited warranty on the device only for manufacturing defects for a period of one (1) year
from your Order Date. This retail customer limited warranty does not apply to any defect or
failure other than a manufacturing defect. Without limiting the generality of the warranty,
it does not apply to any defect caused by damage in transit, retailer handling, or your
handling of your device. Some States do not allow limitations on how long an implied
warranty lasts, so the above limitation may not apply to you. For returns subject to this
retail customer limited warranty, the following conditions must be satisfied:
- We receive your device, in its original condition, reasonable wear and tear
excluded, together with the original packaging, all parts, accessories, and
- Before returning your device to us, and within one (1) year from your Order Date,
you need to obtain a valid return authorization number from our United States
Customer Care department which you can reach at 310-705-0050, or if you are calling
from outside the United States, see our website for the Customer Care phone number
servicing your location. [http://www.apeiron.io/contact]. You pay all costs of
shipping your device back to us.
B. Devices Received from Apeiron
- Limited Warranty. Except as set forth in these Terms of Service, if you
received a device from us and the device included a limited warranty from another person
(such as the manufacturer) at the time you received it, you should read the separate limited
warranty document you received with the device for information on the limitation and
disclaimer of certain warranties. We will provide a limited warranty on the device only for
manufacturing defects for a period of one (1) year from your Order Date. Some States do not
allow limitations on how long an implied warranty lasts, so the above limitation may not
apply to you.
- Repair or Replacement. Your only remedy for any breach of any limited
warranty or other breach of any duty regarding a device is to get a repaired or replacement
device by following our return procedures as directed by our United States Customer Care
Department at 310-705-0050, or if you are calling outside the United States, see our website
for the Customer Care phone number servicing your location. [
http://www.apeiron.io/contactus.php]. This limited warranty applies in place of the limited
warranty included with the device if the included limited warranty is less favorable to you
than this warranty.
- Service Cancellation. If you cancel your service within the Money Back
Guarantee period, you may obtain a credit or a refund for the amount paid for the device, if
- Receipt of Damages Devices. If you receive cartons or devices that are
visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep
a copy. You must also keep the original carton, all packing materials, and parts in the same
condition in which you received them from the carrier. You must then contact our United
States Customer Care Department at 310-705-0050, or if outside the United States, see our
website for the Customer Care phone number servicing your location.
- Ownership and Risk of Loss. You will own your device and bear all the risk
of loss, theft, or damage. This risk is from the time we ship your device to you.
C. Device Upgrades
From time to time devices may need to be updated. Such upgrades occur automatically and last
approximately 1-5 minutes. During this time you may not be able to obtain dial tone or make and
receive calls, including the ability to make 911 calls.
D. Tampering with the Device
You may not change the electronic serial number, equipment identifier, encryption keys, other
authentication, technical data of your device, or perform a factory reset of your device without
first getting our written consent.
E. Prohibited Devices
You are prohibited from using Apeiron services with any devices other than Apeiron-approved
devices received from retailers or from us.
OTHER THAN EXPRESS WARRANTIES FOR THE DEVICE IN THE DOCUMENTATION THAT COMES WITH YOUR DEVICE AND
THE RETAIL CUSTOMER LIMITED WARRANTY IN THIS AGREEMENT, WE MAKE NO WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM, ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE
DEVICE FOR A PARTICULAR PURPOSE, AVAILABILITY, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY
ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE
DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE", AVAILABLE FOR THE SENDING OR RECEIPT OF
CALLS OR WILL MEET YOUR REQUIREMENTS. THIS SECTION DOES NOT LIMIT ANY DISCLAIMER OR LIMITATION
OF WARRANTY IN THE DOCUMENTATION PROVIDED WITH YOUR DEVICE.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
STATE TO STATE.
7. Fees, Taxes and Other Charges
A. Fees and Charges
We will publish on our web site the fees and charges. These fees and charges may change from time
to time. We may introduce new products and services at special introductory pricing. At our
discretion, we may change introductory pricing. Where required by law, we will send notification
of invoices to your email address on file with us. We reserve the right to bill you more
frequently if you owe us more than $100.
B. Billing Increments
We bill usage charges in full minute increments. We round partial minutes up to the next full
minute, unless we state otherwise in the rate schedules on our web site or in specific terms
identified in an MSA or other executed and binding agreement or contract with Apeiron. We bill
fractional usage charges in full cents. We round up cents when the value is $.005 or more and
down when the value is less than $.005, unless we state otherwise in the rate schedules on our
website or in specific terms identified in an MSA or other executed and binding agreement or
contract with Apeiron.
State and local governments may assess taxes, surcharges, or fees, or all of these, on your use
of our service. These charges may be a flat fee or a percentage of your Apeiron charges and may
change without notice. These charges are based on the rates applicable to the address you
provided to us. You are responsible for all applicable taxes, fees, or charges for your Order,
use, or payment for our service or your device. These amounts are in addition to the payment for
your service or devices. We will bill these charges to your selected payment method according to
the terms in this agreement. If you are exempt from payment of any of these taxes, you must
provide us with an original certificate that satisfies the legal requirements attesting to
tax-exempt status by sending the certificate to Apeiron Systems, Inc., Attn: Tax Manager, 2629
Manhattan Ave #166, Hermosa Beach, CA 90254. Tax exemption will only apply from the date we
receive your certificate. Alternatively you may email proof of tax-exemption to
[email protected] however tax exemption status will only apply from the date that you receive a
response from the billing department confirming the exempt status.
D. Outbound Toll Charges
Depending on the product and service you use outbound toll charges will either be billed per
call, per minute or per channel of use. These charges provide for calls to areas in the lower 48
US states that are not deemed to be “High Cost” areas unless otherwise provided for in MSA,
Order Form or other promotional product or pricing schedule that is duly executed by the
customer and Apeiron. Calls to Alaska, Hawaii and Puerto Rico are classified as “Extended US”
and will be billed per minute at the prevailing rate schedule posted on our website or otherwise
agreed to on duly executed agreements and/or order forms. Calls to Canada are classified as
“Canada” and will be billed per minute at the prevailing rate schedule posted on our website or
otherwise agreed to on duly executed agreements and/or order forms. Calls to any other North
American Dial Plan (NADP) area that is reached using a 10 digit dialing pattern will be
classified as “Offshore” and will be billed per minute at the prevailing rate schedule posted on
our website or otherwise agreed to on duly executed agreements and/or order forms. Any call that
is dialed using a 011 prefix will be classified as “International” and will be billed per minute
at the prevailing rate schedule posted on our website or otherwise agreed to on duly executed
agreements and/or order forms. Outbound Toll service is also subject to these additional
- High Cost surcharge – for outbound toll usage that is billed a flat rate per minute, or
that is billed a flat rate per channel of usage, if calls terminating to High Cost areas as
defined by the LATA and OCN of the terminating network, then all such calls are subject to a
high cost surcharge of $0.075 per minute of use. This surcharge will be applied at the
discretion of Apeiron and is intended to protect the company from misuse or abuse of flat
- Flat Rate Ratio surcharge – For outbound toll usage that is billed a flat rate per
minute, or that is billed a flat rate per channel of usage, the ratio of terminating network
types will be measured based on the Operating Company Number (OCN) of the network where the
call terminates. Flat rates provided by Apeiron are done so under the assumption that 80% or
more of the calls will terminate to OCNs that are classified as either RBOC, WIRELESS or PCS
per the Local Exchange Routing Guide (LERG). Should the termination ratio of non-RBOC,
WIRELESS or PCS calls and/or duration exceed 20% then all such calls are subject to a $0.075
per minute outbound toll ratio surcharge. This surcharge will be applied at the discretion
of Apeiron and is intended to protect the company from misuse or abuse of flat rated
- Excessive usage surcharge – For outbound toll usage that is billed a flat rate on a per
channel of use basis, any such channel has been priced with the assumption that the channel
will be used for less than 9600 minutes of use in the period of one month. Any channel that
is used more then 9600 minutes in one calendar month will be deemed to be being used for
non-normal business use and will be subject to a $0.02 per minute excessive usage surcharge
on the quantity of minutes above 9600 minutes.
E. "Toll Free" Charges
If you use any toll free service or feature that we offer, we will recover from you any charges
imposed on us either directly or indirectly for toll free calls made to your number. In addition
to normal per minute, per call or per channel of use charges, Toll Free service is also subject
to these additional surcharges:
- Payphone surcharge – Calls identified as Payphone refer to calls originating from a pay
phone. In the Telecommunications Act of 1996, Congress required service providers to track
and compensate payphone companies for calls originating from pay telephones to toll-free
numbers. To comply with this, Apeiron assesses a per call service charge for all calls made
from a payphone to a toll-free number serviced by Apeiron. The charge is in addition to
normal usage charges and is currently 65¢ per call. This rate may change without notice to
comply with regulatory changes.
- Toll Free High Cost surcharge - For toll free usage that is billed a flat rate per
minute, if calls originating from rural areas exceed 5% of all calls and/or duration, such
usage may be assessed a toll free high cost surcharge of $0.075 per minute of use. This
surcharge will be applied at the discretion of Apeiron and is intended to protect the
company from misuse or abuse of flat rated products.
- Toll Free Flat Rate Ratio surcharge – For toll free usage that is billed a flat rate per
minute, the ratio of originating network types will be measured based on the Operating
Company Number (OCN) of the network that originates the call to the FGD tandem sswitch. Flat
rates provided by Apeiron are done so under the assumption that 80% or more of the calls
will originate from OCNs that are classified as either RBOC, WIRELESS or PCS per the Local
Exchange Routing Guide (LERG). Should the origination ratio of non-RBOC, WIRELESS or PCS
calls and/or duration exceed 20% then all such calls are subject to a $0.075 per minute toll
free flat rate ratio surcharge. This surcharge will be applied at the discretion of Apeiron
and is intended to protect the company from misuse or abuse of flat rated products.
F. Charges for Directory Calls (e.g., 411 & <NPA>555-1212)
We reserve the right to charge you for each call you make to Apeiron directory assistance.
Directory Assistance is defined as any call to the dial pattern "411" or to a ten digit dial
pattern ending in "555-1212" (for example 310-555-1212). Any calls terminating to Directory
Assistance will be categorized as an Outbound Directory Assistance call and will be subject to
the rates prescribe for such a call type. Default rates for Directory Assistance Outbound calls
are set at $1.00 per call completed.
Customers may request an Outbound Directory Assistance call blocking treatment which will not
allow any calls to Directory Assistance to be completed. To request such a block please open a
ticket with support to submit this request. Confirmation of the blocking treatment will be
provided within one business day.
G. Activation and Shipping Fees
Unless such fee is changed or waived by us as part of an offer, we will charge you a one-time
activation fee of up to $29.99 per line for residential and business accounts as well as any
other activation fee that may apply to the particular features or service that you select.
Unless such fee is changed or waived by us as part of an offer, we will charge you our then
current shipping fees per device shipped.
H. Early Termination Fee
For Orders made with a term commitment or a minimum monthly billing amount if your service is
disconnected prior to the end of your commitment period then an Early Termination Fee may be
charged to your account. Some plans will not require a term commitment or an Early Termination
Fee. Section 5(D) sets forth more detailed information and the proration schedule for Early
I. Rebate and Other Recovery Fees
If you purchase a product or service for which a rebate or benefit is provided that is dependent
upon your maintaining Apeiron service for a particular length of time, and if you disconnect
service before the end of that period, you agree to pay us the applicable recovery fee. A
recovery fee is equal to the difference between the price you paid to us and the advertised
regular price of the product or service at the time you received it. Any recovery fees are
cumulative and are in addition to any other amounts you may owe us, including any Early
Termination Fees. For example, if an offer or promotion provides a rebate for a phone adapter
and discloses that a rebate recovery fee is applied if the service is disconnected prior to a
minimum required period, you would be charged the applicable rebate recovery fee.
J. No Credit Allowances or Refunds for Prepaid Service Plan Customers
Subject to our Money Back Guarantee and law, we will neither credit nor refund any service fees
or any other amounts you pay for any prepaid service plans.
K. No Credit for Non-Usage or Misdialing
Neither non-usage of the service nor misdialing while using the service entitle you to a credit
for, or refund of, any portion of a payment made to us.
8. Billing, Payment and Notices
We will charge your method of payment in advance for each monthly service plan fee and associated
taxes. Note: some financial institutions may not accept charges under one dollar ($1.00). If
your financial institution does not accept charges under one dollar, we will round up and charge
your account one dollar ($1.00). We may, in our discretion, refund or credit the difference
between the dollar ($1.00) and the amount you actually owed. We will charge you in arrears for
any usage and calls not covered by your plan, and immediately on disconnection for any accrued
and unbilled amounts and recovery fees or Early Termination Fees (including taxes), if
applicable, that are due.
If you subscribe to a prepaid annual plan, we will bill you in advance for the service plan fee
due for the entire year, plus any associated taxes, fees and surcharges. We will charge you in
arrears on a monthly basis for usage and calls not covered by your plan, and immediately on
disconnection for any unbilled amounts and, if applicable, any recovery fees or Early
Termination Fees that are due. We may initiate mid-cycle billing of additional amounts due that
When you provide a check as payment, you authorize us either to use information from your check
to make a one-time electronic transfer from your account as soon as the same day you make your
payment, or to process your check as a check transaction in which case you may not receive your
check back from your financial institution. Late payments will be subject to late payment fees
and returned electronic check payments will be subject to returned check fees, each of which are
further detailed as part of our fees and charges set forth in more detail at www.apeiron.io.
When you subscribe to our service, you must give us a valid email address and a payment method
that we accept. We reserve the right to stop accepting your payment method or your payments. You
must advise us at once if your payment method expires, you close your account, your billing
address changes, your email address changes, or your payment method is cancelled and replaced on
account of loss or theft. This remains your responsibility despite Apeiron's participation in
any account updater program provided by any third party account updater.
When you subscribe to our service, you authorize us to collect from your payment method,
including, if applicable, Early Termination Fees, late fees, check return fees, recovery fees
and any other outstanding charges. This authorization will remain valid until 30 calendar days
after you terminate our authority to charge your payment method.
If we disconnect your service, you will remain liable to us for all charges under this agreement
and all the costs we incur to collect these charges, including, without limitation, collection
agency fees, reasonable attorneys' fees, and arbitration or court costs.
You agree to promptly update your account information whenever your personal or billing
information changes (including, for example, your name, address, e-mail address, telephone
number, credit/debit card number and expiration date or other payment method information). You
authorize Apeiron to send you notices and information regarding your service, including via
e-mail, over the Internet. If notices are sent by us to the last email address provided by you,
you agree that we have provided sufficient email notice and you waive any rights to assert
failure of notice.
E. Billing Disputes
If you want to dispute any Apeiron charges on your statement, you must notify Apeiron within
seven (7) calendar days after you receive your statement from your bank or credit card issuer.
Financial regulations require you to notify your financial institution within sixty (60) days
after you receive your statement and report any alleged errors to them within this timeframe.
Please contact 310-705-0050. [http://www.apeiron.io/contact] if you want to dispute any Apeiron
charges on your statement.
9. Prohibited Uses; Unlawful Uses and Inappropriate Conduct
A. Lawful Purposes Only
You may use our service and your device only for lawful, proper and appropriate purposes. You may
not use our service or your device in any way that is illegal, fraudulent, improper or
inappropriate. The following is a non-exhaustive list of examples of illegal, fraudulent,
improper or inappropriate uses of our service and/or devices.
- Fraudulent; and/or
- Invasive of another's privacy, or any similar behavior.
In addition, you shall not use our service or your device for:
- Continuous or excessive call forwarding or conferencing;
- Inbound/outbound centralized or distributed call center activity;
- Telemarketing (including charitable or political solicitation or polling);
- Fax or voicemail blasting;
- For continuous or excessive chat line access, or
- Use of an open telephone line as a monitor, intercom or transcription service.
You shall not use our service or our device to:
- Impersonate another person;
- Send bulk unsolicited messages;
- Use robots, data mining techniques or other automated devices or programs to catalog,
download, store or otherwise reproduce or distribute information from our service or use any
automated means to manipulate our service;
- Violate any law, rule or regulation;
- Violate any third party's intellectual property or personal rights, or
- Exceed your permitted access to our service.
We may monitor the use of our service for violations of these Terms of Service. We may remove or
block all communications if we suspect a violation of this agreement, or if we think it
necessary in order to protect our service, or Apeiron, its parent, affiliates, directors,
officers, agents, and employees from harm.
C. Providing Information to Authorities and Third Parties
If we believe that you have used our service or your device for an unlawful purpose, we may
forward the relevant communication and other information, including your identity, to the
appropriate authorities for investigation and prosecution. You consent to our forwarding of any
such communications and information to these authorities. In addition, you hereby agree that we
may disclose your name, telephone number, credit card information, and other personal
information, any communications sent or received by you, and any other information that we may
have about your account, including but not limited to, types of service, length of service, MAC
address(es), IP address(es), email address(es), registered 911 address, and all other account
information, as follows:
- In response to law enforcement or other governmental agency requests;
- As required by law, regulation, rule, subpoena, search warrant, or court order;
- As necessary to identify, contact, or bring legal action against someone who may be misusing
the service, the device, or both;
- To protect Apeiron's rights and property; or
- In emergency situations where disclosure of such information is necessary to protect Apeiron
customers or third parties from imminent harm.
Use of Service and Device by Customers Outside the United States
We encourage you to use our service to call foreign countries from the United States and to use
our service as you travel. Technical and customer care support is offered only in the United
States. Our service is designed to work generally with unencumbered high-speed internet
connections. However, if the high-speed internet connection you are using is not within an
Apeiron service area, or your ISP or broadband provider places restrictions on using VoIP
services, we do not claim that they will allow you to use our service. You will be solely
responsible for any violations of local laws and regulations or violations of ISP and broadband
provider terms of service because of your use of our service. If you ship a device outside the
United States for use in another country, you are solely responsible for determining and
adhering to compliance with all applicable customs, import/export, regulatory, tax (including
VAT) and other laws and costs\expenses and penalties regarding the transport, distribution and
use of such device and the service.
D. No Transfer of Service
You are the sole account holder for the service for all purposes and are solely responsible for
all charges incurred on the account, regardless of changes to the account, including billing
information. You are also responsible for all usage and charges on all devices and features
registered with Apeiron, as well as charges for aggregated domestic and international usage made
by you and others you have authorized to use your service. You may not resell or transfer your
service or account or provide a telephone service to anyone else by using your Apeiron service
or features of your Apeiron service without first getting our written consent. In no event may
your account be assigned to a non-U.S. resident.
IF YOU ACQUIRE A DEVICE FROM SOMEONE OTHER THAN Apeiron OR an Apeiron AUTHORIZED RESELLER, OR
THAT PREVIOUSLY WAS ASSIGNED TO ANOTHER'S ACCOUNT, Apeiron DISCLAIMS ALL WARRANTIES, DAMAGES AND
LIABILITIES YOU MAY INCUR BY VIRTUE OF YOUR USE OF SUCH DEVICE, INCLUDING BUT NOT LIMITED TO,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Attempted assignments of service and accounts through changes in account and billing information
does not relieve you of liability and responsibility for use of the service and features, or for
charges on the account unless we have not consented to the assignment in writing or unless we
actively facilitate the assignment as evidenced in our Customer Care records. You may elect to
authorize others to access your account by calling us at 310-705-0050.
E. No Alterations or Tampering
If you copy or alter or have someone else copy or alter the firmware or software of the device or
any mobile application in any way that facilitates a compromise of our service, you are
responsible for any charges that result and damages incurred by Apeiron as a result. You may not
attempt to hack or otherwise alter or disrupt our service or make any use of our service that is
inconsistent with its intended purpose.
F. Theft of Service
You may not use, obtain or facilitate use of our service, directly or indirectly through others,
in any manner that avoids Apeiron policies and procedures, including an illegal or improper
manner You will notify us immediately at 310-705-0050 or http://www.apeiron.io/contact if your
device is stolen or if you believe that your service is being stolen, fraudulently used, or
otherwise being used in an unauthorized manner. When you notify us of one of these events, you
must provide your account number and a detailed description of the circumstances of the theft,
fraudulent use, or unauthorized use of service. If you fail to notify us in a timely manner, we
may disconnect your service and levy additional charges on you as permitted under these Terms of
Service. Until you notify us, you will be liable for all use of our service using a device
stolen from you and any stolen, fraudulent, or unauthorized use of our service whether or not it
involves a stolen device.
G. Unauthorized Usage of Device; Firmware or Software
Unless your plan specifically provides you with a license to use our firmware or software, you
have not been granted any license to use the firmware or software we use to provide our service
or that we provide to you in providing our service, or that is embedded in your device, or
accessible via mobile application other than a nontransferable, revocable license to use the
firmware or software in object code form (without making any modification to it) strictly
according the terms and conditions of these Terms of Service. You also agree that you will use
your device exclusively for our service. We will not provide any passwords, codes, or other
information or assistance that would enable you to use your device for any other purpose. We
reserve the right to prohibit the use of any interface device that we have not provided to you.
You warrant that you possess all required rights, including software or firmware licenses, or
both, to use any interface device that we have not provided to you. You may not undertake,
cause, permit or authorize the modification, creation of derivative works, or translate, reverse
compile, disassemble, hack or reverse engineer, or otherwise attempt to derive the source code
from the binary code of the firmware or software. You shall not use the mobile application
software to develop any software or other technology having the same primary function, including
but not limited to using the software in any development or test procedure that seeks to develop
like software or other technology, or to determine if such software or other technology performs
in a similar manner as the software.
H. Vanity Number Porting
You may not obtain vanity numbers from Apeiron and then attempt to sell, resell, or actually sell
or resell such vanity numbers.
10. Limitation on Warranties, Remedies and Liability
A. AS IS Services
You agree that our services are provided "as is," except to the extent provided below.
B. No Warranties on Service or Software
We make no warranties, express or implied, including but not limited to, any implied warranties
of merchantability, fitness of the service or device for a particular purpose, title or
non-infringement or any warranty arising by usage of trade, course of dealing or course of
performance. In addition, we do not warrant that the service, software or device will be without
failure, delay, interruption, error, omission, degradation of voice quality, or loss of content,
data, or information. Neither Apeiron nor its officers, directors, employees, affiliates or
agents, or any other service provider or vendor who furnishes services, devices, or products to
the customer for our service will be liable for unauthorized access to our or your transmission
facilities or premises or equipment or for unauthorized access to, or alteration, theft, or
destruction of, customer's data files, programs, procedures, or information through accident,
fraudulent means, devices, or any other method, regardless of whether such damage occurs as a
result of Apeiron's or its service provider's or vendors' negligence. Statements and
descriptions concerning our service or device, if any, by Apeiron or Apeiron's agents or
installers are informational and are not given as a warranty of any kind.
With regard to mobile applications downloaded from and purchased through a third party provider
(e.g., the iTunes® store or Android Market), in the event of any failure of the mobile
application to conform to any applicable warranty, you should notify the third party provider,
and the third party provider may refund the purchase price for the mobile application to you;
and that, to the maximum extent permitted by applicable law, the third party provider will have
no other warranty obligation whatsoever with respect to the mobile application, nor any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform
to any warranty.
C. Device Warranties and Limitations (See Section 6)
D. No Credit Allowances for Interruption of Apeiron Service
We will not give you credit for any interruption of Apeiron service, including international
E. Limitation of Liability
We will not be liable for any delay or failure to provide service, including 911 Dialing, or your
blocking of an emergency number (e.g., Police, Fire Department, Hospital) at any time or any
interruption or degradation of voice quality that is caused by any of the following:
- Third party omission: an act or omission of an underlying carrier, service provider, vendor
or other third party;
- Equipment failure: equipment, network, or facility failure;
- Equipment modification: equipment, network, or facility upgrade or modification;
- Equipment relocation: equipment or facility relocation;
- Equipment shortage: equipment, network, or facility shortage;
- Force majeure: events including, but not limited to, acts of God, acts of nature, strikes,
fire, war, riot, acts of terrorism, and government actions;
- Loss of power: service, equipment, network, or facility failure caused by the loss of power
to you, or to us;
- Outages: outage of, or blocking of ports by, your ISP or broadband service provider or other
impediment to usage of service caused by any third party;
- Acts or Omissions: any act or omission by you or any person using our service or the device
provided to you; or
- Other causes: any other cause that is beyond our control, including, without limitation, a
failure of or defect in any device, the failure of an incoming or outgoing communication,
the inability of communications (including, without limitation, 911 dialing) to be connected
or completed or forwarded.
F. Disclaimer of Liability for Damages
Our aggregate liability under this agreement will in no event exceed the service charges with
respect to the affected time period.
IN NO EVENT will Apeiron, its officers, directors, employees, affiliates or agents or any other
service provider who furnishes services or devices to you in connection with our service be
liable for any damages, including but not limited to personal injury, wrongful death, property
damage, loss of data, loss of revenue or profits, or damages arising out of or in connection
with the use or inability to use a device or the service, including inability to get or receive
dial tone, access emergency service personnel through the 911 dialing service, or delays in the
delivery of emergency services accessed through the 911 dialing service, or to obtain emergency
help. Apeiron further disclaims any and all liability arising out of any resale, reuse, or
refurbishment of the device without Apeiron's prior authorization. These limitations apply to
claims founded in breach of agreement, breach of warranty, product liability, tort, and any and
all other theories of liability. These limitations apply whether or not we were informed of the
likelihood of any particular type of damages.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you however, with respect to 911 dialing and
other aspects of Apeiron's service, there may be federal or state laws that exclude such damages
and provide other protections to Apeiron which Apeiron does not waive or limit in any manner
G. Disclaimer of 911 Liability
We disclaim all responsibility for the conduct of local emergency response centers and the
national emergency calling center. We do not have any control over any local emergency response
center. Therefore, we are not responsible for whether they answer calls using our 911 dialing
service, how they answer these calls, or how they handle them. We rely on third parties to
assist us in routing 911 dialing calls to local emergency response centers and to a national
emergency calling center. We are neither liable nor responsible if the data used by a third
party to route calls is incorrect or produces an erroneous result or results in the delay of the
delivery of emergency services. Neither Apeiron nor its officers or employees may be held liable
for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation,
attorneys' fees) by, or on behalf of, you or any third party or user of our service, relating to
our service, including, without limitation, 911 Dialing, or your device.
H. Limit on Total Liability
Our total liability under this agreement will not exceed the service charges for the affected
time period. Apeiron will not be responsible for third party fees or charges, including but not
limited to, banking fees, overdraft fees, wireless or cellular fees, or other wireline,
broadband or internet service charges, technician charges, or other similar charges.
11. Indemnification and Waiver of Claims
You shall defend, indemnify, and hold harmless Apeiron, its officers, directors, employees,
affiliates and agents, and any other service provider who furnishes services to you for our
service, from any and all claims, losses, damages, fines, penalties, costs, and expenses
(including, without limitation, attorneys' fees) by, or on behalf of, you or any third party or
user of our service, relating to our service, including, without limitation, 911 Dialing, or
your device(s), or use of our service by you or others using your account (whether or not such
usage is expressly authorized by you).
B. Waiver of Claim or Causes of Action
You waive all claims or causes of action arising from or relating to our 911 dialing service
unless the claims or causes of action arise from our gross negligence, recklessness, or willful
You are liable for all liability that may arise from the content transmitted to any person,
whether or not you authorize it, using your service or device(s). You promise that you and
anyone who uses your service and all your and their content comply at all times with all laws,
regulations, and written and electronic instructions for using our service and the device.
D. Account Information
You are liable for all damages and liability that may arise from your failure to provide true,
accurate, current and complete information and to maintain and promptly update such information.
If you provide any information that is, or we have reasonable grounds to suspect is, untrue,
inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and
all current or future use of the service, or any portion thereof.
12. Miscellaneous Legal Considerations
A. Governing Law
These Terms of Service are applicable for VoIP-based service initiated in the United States
of America and mobile services worldwide. For US based customers, the law of the state of
your residence will govern this agreement as well as the relationship between you and us,
except to the extent such law is preempted by or inconsistent with applicable federal law.
For users of Apeiron applications outside the United States, the laws of the State of New
Jersey will govern your use of our Service under this agreement as well as the relationship
between you and us, except to the extent such law is preempted or inconsistent with
applicable local law. Because this agreement is a transaction in interstate commerce, the
Federal Arbitration Act ("FAA"), and not state arbitration law, shall govern the
interpretation and enforcement of the arbitration provision in Section 14.
B. No Waiver of Rights
Our failure to exercise or enforce any right or provision of this agreement will not
constitute a waiver of the right or provision. Apeiron reserves all of its rights at law and
equity to proceed against anyone who uses its services or device illegally or improperly.
All determinations by Apeiron under these Terms of Service and exercise of its rights are
made and done in our sole and absolute discretion.
The provisions of this agreement that by their sense and context are intended to survive the
termination or expiration of this agreement shall survive.
D. Third Party Beneficiaries
If you are not a party to this agreement, you do not have any remedy, claim, liability,
reimbursement, or cause of action. This agreement does not create any third party
beneficiary rights provided, however, that with regard to provisions related to mobile
applications made available for download through a third party marketplace such as the
iTunes store or the Android Market, you acknowledge and agree that such third parties, and
its' or their subsidiaries, are third party beneficiaries of this agreement, and that, upon
your acceptance of the terms and conditions of this agreement, such third parties will have
the right (and will be deemed to have accepted the right) to enforce specific terms of this
agreement against you as a third party beneficiary thereof.
E. Legal Age
You promise that you are of legal age to enter into this agreement and that you have read and
understand fully its terms and conditions.
F. Entire Agreement
This agreement, including any future modifications to its terms, and the rates for services
found on our web site constitute the entire agreement between you and Apeiron. This
agreement governs your use of our service, and the use of our services by the members of
your household, and, subject to your use of one of our business plans, your employees. This
agreement supersedes any prior agreements between you and Apeiron. It also supersedes all
prior or contemporaneous statements, understandings, writings, commitments, or
representations concerning its subject matter.
If any part of this agreement is legally declared invalid or unenforceable, all other parts
of this agreement will remain valid and enforceable. This invalidity or non-enforceability
will not invalidate or render unenforceable any other portion of this agreement.
13. Dispute Resolution and Binding Arbitration
PLEASE READ THIS CAREFULLY, IT AFFECTS YOUR RIGHTS.
It is important that you read this entire section carefully. This section provides for
mandatory resolution of disputes through final and binding arbitration before a neutral
arbitrator instead of in a court by a judge or jury. Any arbitration under this agreement
will take place on an individual basis; class arbitrations and class action lawsuits are not
Apeiron and you agree to arbitrate any and all disputes and claims between you and Apeiron.
Arbitration means that all disputes and claims will be resolved by a neutral arbitrator
instead of by a judge or jury in a court. This agreement to arbitrate is intended to be
given the broadest possible meaning under the law. It includes, but is not limited to:
- disputes and claims arising out of or relating to any aspect of the relationship between
you and Apeiron, whether based in agreement, tort, statute, fraud, misrepresentation or
any other legal theory;
- disputes and claims that arose before this or any prior agreement (including, but not
limited to, claims relating to advertising);
- disputes and claims that may arise after the termination of this agreement;
- disputes and claims that are currently the subject of individual litigation;
- disputes and claims that are currently the subject of purported class action litigation
in which you are not a member of a certified class; and
- disputes and claims concerning the scope of this arbitration provision.
References to "Apeiron," "us" and "you" include our respective agents, employees,
predecessors in interest, successors and assigns, as well as all authorized or unauthorized
users or beneficiaries of the service under these Terms of Service or any prior agreements
between you and Apeiron.
B. Informal Resolution of Disputes
Our Customer Care Department can resolve most customer concerns quickly and to the customer's
satisfaction. If you have a dispute or claim against us, you should first contact the
Apeiron Customer Care Department by telephone at 310-705-0050 or by email at
http://www.apeiron.io/contactus.php. In the event your dispute or claim is not resolved to
your satisfaction, you may seek to have that dispute or claim resolved through mandatory
arbitration as set forth below.
C. Formal Notice of Disputes
A party who intends to seek arbitration must first send to the other party a written Notice
of Dispute. A Notice of Dispute must be sent to Apeiron by certified mail addressed to:
Apeiron, Attn: Chief Legal Officer, 2629 Manhattan Ave, #166, Hermosa Beach, CA 90254 with a
copy by email to [email protected] A Notice of Dispute must be sent to you by
certified mail or overnight express delivery with verification at the last mailing address
that you registered with Apeiron and a copy by email to you at the last email address you
registered with Apeiron. The Notice of Dispute must describe the nature and basis of the
dispute or claim and set forth the specific relief sought. If you and Apeiron do not reach
an agreement to resolve the dispute or claim within thirty (30) calendar days after the
Notice of Dispute is received, you or Apeiron may commence an arbitration proceeding by
downloading or copying a form from the AAA website: http://www.adr.org. The amount of any
settlement offer made by you or Apeiron shall not be disclosed to the arbitrator until after
the arbitrator determines the amount, if any, to which you or Apeiron is entitled.
D. Arbitrator and Arbitral Rules
The arbitration shall be administered by the American Arbitration Association ("AAA"). You
may contact the AAA by telephone at 1-800-778-7879, by email at [email protected], or by
mail at 1633 Broadway, 10th Floor, New York, New York 10019. The arbitration shall be
governed by the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures
for Consumer Related Disputes (collectively, "AAA Rules"), as modified by this Agreement.
The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
E. Location and Procedure of Arbitration
Unless you and Apeiron mutually agree otherwise, all hearings conducted as part of the
arbitration shall take place at a location, convenient to you, in the county or parish of
your billing address. If your claim is for $10,000 or less, you or Apeiron may request that
the arbitration be conducted solely on the basis of documents submitted to the arbitrator,
through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If
your claim is in excess of $10,000, the right to a hearing will be determined by the AAA
F. Fees and Costs
Apeiron will advance all arbitration filing fees and arbitrator's costs and expenses upon
receipt of your reasonable proof that you cannot afford to pay such fees and costs, provided
such proof and your written request that Apeiron pay such fees and costs is given prior to
the commencement of the arbitration. You are responsible for all additional costs that you
incur in the arbitration, including, but not limited to, attorneys or expert witness fees.
If the arbitration proceeding is decided in Apeiron's favor, you shall reimburse Apeiron for
the fees and costs advanced to you. If the arbitration proceeding is decided in your favor,
you will not be required to reimburse Apeiron for any of the fees and costs advanced by
Apeiron. If a party elects to appeal an award, the prevailing party in the appeal shall be
entitled to recover all reasonable attorneys' fees incurred in that appeal. Notwithstanding
anything to the contrary in this arbitration provision, Apeiron shall pay all fees and costs
which it is require by law to pay.
G. Waiver of Jury Trial
You and Apeiron agree that, by entering into this agreement, you and Apeiron are waiving the
right to a trial by jury.
H. Waiver of Class Actions
You and Apeiron agree that the arbitrator may award relief only in favor of the individual
party seeking relief and only to the extent necessary to provide relief warranted by that
party's individual claim. YOU AND Apeiron AGREE THAT YOU AND Apeiron MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You and Apeiron agree that,
unless you and Apeiron agree otherwise, the arbitrator may not consolidate more than one
person's or entity's claims, and may not otherwise preside over any form of a representative
or class proceeding.
I. Statute of Limitations
State laws may limit the time period after which you may assert a claim; in some cases you
may be required to assert a claim within one (1) year after the occurrence of the event or
facts giving rise to a dispute (except for billing disputes which are subject to Section
9(E) of the agreement). Your failure to timely assert your claim may result in a waiver of
your legal rights.
J. Exceptions to Arbitration Agreement
You and we agree:
- you may take your dispute to small claims court, if your dispute qualifies for hearing
by such court;
- 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 permitted by law or the
- you or we may take any disputes over the validity of any party's intellectual property
rights to a court of competent jurisdiction;
- any dispute related to or arising from allegations associated with fraudulent or
unauthorized use, theft, or piracy of service may be brought in a court of competent
- either you or we may seek any interim or preliminary relief from a court of competent
jurisdiction, necessary to protect the rights or property of you or Apeiron, pending the
completion of arbitration.
K. Modification of Arbitration Provision
Despite §15 or any other provision in this agreement to the contrary, if Apeiron makes any
substantive change to this arbitration provision, you may reject any such change by sending
us written notice within thirty (30) days of the change to the Arbitration Notice Address
provided above. By rejecting any future change, you are agreeing that you will arbitrate any
dispute between us in accordance with the language of this provision.
14. Changes to this Agreement
We may change the terms and conditions of this agreement from time to time. By subscribing to
our service, you agree that we may provide to you by use of electronic communications
required notices, agreements, and other information concerning Apeiron, including changes to
this agreement. We may give you notice of a change by posting the change on the home page of
Apeiron.io, on your account web page or monthly bill, in a newsletter, by e-mail, on the
relevant web page of the applicable service, or by other permitted communication. Such
notices will be considered given and effective on the date posted. These changes will become
binding on you on the date they are posted and we are not required to give you further
notice in order for you to continue using our service. By continuing to use the service
after revisions are in effect, you accept and agree to all revisions. If you do not agree to
the changes, you must terminate your service immediately. When posted, this agreement
supersedes all previously agreed to oral written or electronic and written terms of service,
including, without limitation, any terms included with the packaging of your device. It also
supersedes any written terms provided to retail customers with retail distribution,
including, without limitation, any written terms in the packaging of your device. If you
want to withdraw your consent to receive notices electronically, you must discontinue your
use of Apeiron services. If you continue to use our service, we will consider this your
acceptance of any changes.
Apeiron service uses, in whole or in part, the public internet, the public switched telephone
network, and third party networks to transmit voice and other communications. Apeiron is not
liable for any lack of privacy which you may experience from using our service. Please refer
information and how you can opt out of receiving marketing messaging. Your acceptance of
You authorize us:
- to investigate and/or review your credit history, including requesting a consumer
report, both when you sign up for our service and at any time after you sign up, for any
purpose, including, but not limited to, your initial qualification for an account, your
continued compliance with the terms of your account and general customer base evaluation
purposes not specifically associated with your account; and
- to share credit information about you with credit reporting agencies. Upon your request
we will inform you whether or not we have requested a consumer report, and if a report
was requested, the name and address of the consumer reporting agency that furnished the
In addition, you acknowledge Apeiron may monitor calls for quality assurance, training and
16. Export Controls
You agree to comply fully with all relevant export laws and regulations of the United States,
including but not limited to the U.S. Export Administration Regulations, administered by the
Department of Commerce, Bureau of Industry and Security. You also expressly agree that you
shall not export, directly or indirectly, re-export, divert, or transfer any portion of our
service or any direct product to any destination, company, or person restricted or
prohibited by U.S. export controls.
17. Copyright and Trademark; Digital Millenium Copyright Act (DMCA) Notice
Our website content, our materials, services, logos, software, service marks and trademarks
are protected by trademark, copyright, or other intellectual property laws, and
international treaty provisions.
You are not allowed to remove, alter or destroy any proprietary, trademark or copyright
markings or notices placed upon or contained within the website content, our materials, or
the mobile application software. Infringement by you may result in civil or criminal
A. Third parties may make materials available using our service
Third parties may not be within our control. We do not review the content posted on our
service to see if it includes illegal or impermissible content, nor are we under any
obligation to conduct any review. However, we respect the copyright interests of others. It
is our policy not to permit materials we know infringes another party's copyright to remain
on our service. If you believe any materials on our service infringe a copyright, you should
give us written notice.
B. Contents of Notice
Your notice should at a minimum contain the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party, such as
an address, telephone number, and, if available, an electronic mail address at which the
complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent, or the
- a statement that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. All DMCA notices should be sent to our
designated agent as follows: Apeiron Legal Department, Attn: DMCA Notices, 2629
Manhattan Ave, #166, Hermosa Beach, CA 90254.
I understand that if I do not agree to the Apeiron TOS, I should close the internet browser
to discontinue my order with Apeiron at this time.