Terms and conditions

1. DEFINITIONS AND DEFINED TERMS

   As used in this Agreement, the following terms shall have the meanings set forth below:

   "Agreement" means this Terms of Use Agreement.

   "Captioning" has the meaning specified in the introductory paragraph to this Agreement.

   "TrueCaptions," "we," "us," "our," or the "Company" refers to TrueCaptions, LLC, including its agents, affiliates, subsidiaries, and licensors.

   "TrueCaptions Disabling Device" means any software, hardware, or other technology, device, or means (including any backdoor, time bomb, timeout, drop dead device, software routine, or other disabling mechanism) used by TrueCaptions or its designee to disable your access to or use of the Services automatically with the passage of time or under the positive control of TrueCaptions or its designee.

   "TrueCaptions Materials" means the Firmware, Services, Software, Documentation, and TrueCaptions systems and any and all other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans, or reports, that are provided or used by TrueCaptions or any contractor in connection with the Services or otherwise comprise or relate to the Services or TrueCaptions systems. For the avoidance of doubt, TrueCaptions Materials include any data or content derived from TrueCaptions’ monitoring of your access to or use of the Services.

   "TrueCaptions Mobile Application" ("Application") means a downloadable app installed on wireless electronic devices owned or controlled by you, such as smartphones or tablets, which allows you to access and use the Services as outlined in this Agreement.

   "TrueCaptions Phone" means any TrueCaptions-branded telephone used to access the Services, including all physical and software components.

   "TrueCaptions Telephone Number" or "Telephone Number" means a telephone number provisioned by TrueCaptions through an interconnected VoIP service provider and assigned to you for use with the TrueCaptions Phone and/or Mobile Application. Users do not port their existing number; instead, they retain their current number and configure it to forward calls to their assigned TrueCaptions Telephone Number.

   "Documentation" means any general release version of textual or graphical information describing the Services or products, including manuals, guides, specifications, reference material, and related content.

   "Emergency Alert System" or "EAS" means a national public warning system provided by FEMA and accessed through the Services as further described herein.

   "Emergency Call Center" means a private call center responsible for routing incoming emergency calls to the appropriate Emergency Response Center.

   "Emergency Call Taker" means a person at an Emergency Call Center or Emergency Response Center who answers emergency calls.

   "Emergency Response Center" refers to a Public Safety Answering Point (PSAP), designated statewide default answering point, or local emergency authority as defined in FCC regulations.

   "Endpoints" means any TrueCaptions Phone, Mobile Application, or other TrueCaptions-enabled devices used solely in connection with the Services.

   "Firmware" means all software and associated data provided with or for use in TrueCaptions hardware.

   "Harmful Code" means any malicious software or technology designed to disrupt, harm, or gain unauthorized access to systems, excluding any TrueCaptions Disabling Device.

   "Intellectual Property Rights" means all rights under patent, copyright, trademark, trade secret, and related laws, including both registered and unregistered rights worldwide.

   "IP Captioned Telephone Service" has the meaning stated in the introductory section of this Agreement.

   "Losses" means all damages, liabilities, penalties, costs, and legal fees incurred in relation to this Agreement.

   "Permitted Use" means any lawful use of the Services by you through Endpoints for your personal benefit, subject to limitations and restrictions described in this Agreement.

   "Person" includes any natural person or legal entity.

   "Product" means all features, apps, Software, Endpoints, Telephone Numbers, and services offered by TrueCaptions, including access to TrueCaptions websites and mobile applications.

   "Registered 911 Location" shall have the meaning provided for in Section 6.

   "Registration Form" means the form required to access Services, containing information such as your name, date of birth, last four digits of your Social Security Number, physical address, and contact number.

   "Services" means all offerings provided by TrueCaptions, including but not limited to IP Captioned Telephone Service, 911 emergency calling, captioned calls, EAS alerts, and related products and features.

   "Software" includes all code, updates, and accompanying documentation for the Mobile Application or Endpoints.

   "Self-Certification Form" has the meaning provided in the introductory section.

   "Telephone Number" has the same meaning as "TrueCaptions Telephone Number."

   "Third Party Materials" refers to content or software used in connection with the Services that is owned by a party other than TrueCaptions.

   "TRS" means Telecommunications Relay Services.

   "User," "you," or "your" refers to the person who registers for or uses the Services under this Agreement.

   "VCO" means Voice Carry Over.

   "VoIP" means Voice over Internet Protocol.

2. SELF-CERTIFICATION AND COMPLIANCE WITH FCC REGULATIONS

   Use of the Products and Internet Protocol Captioned Telephone Services (“IP CTS”) offered by TrueCaptions is subject to the rules and regulations of the Federal Communications Commission (“FCC”), including but not limited to those set forth in 47 C.F.R. §§ 64.601 – 64.606. Current regulations can be found at www.fcc.gov.

   TrueCaptions provides its services, including captioned calling and a dedicated TrueCaptions Telephone Number, at no cost to eligible users. Eligibility is determined by your self-certification of a hearing disability or impairment that makes it difficult to understand phone conversations without the aid of captions. You certify that you meet this requirement and have truthfully completed both the Registration Form and the Self-Certification Form.

   Our provision of IP CTS at no charge is contingent upon this eligibility. If your hearing status changes and you no longer require captions to effectively use the phone, you agree to notify TrueCaptions immediately and discontinue use of the captioned telephone services.

   TrueCaptions reserves the right to suspend, restrict, or terminate your access to the service in the event of a violation of these terms or applicable FCC rules.

3. LICENSE AND PERMITTED USES

   License

   Subject to your compliance with this Agreement and your accurate completion of the required registration and self-certification, TrueCaptions grants you a limited, non-exclusive, non-transferable, revocable license to install and use the TrueCaptions Mobile Application and its associated software on compatible personal devices, such as smartphones and tablets. This license is intended solely for accessing the captioned telephone service provided by TrueCaptions, and only on devices authorized by TrueCaptions.

   The license does not permit copying, reverse engineering, or modifying the software or firmware, nor using the software on unauthorized devices or with other telecommunications services not affiliated with TrueCaptions.

   Software Updates

   TrueCaptions may periodically release software updates to improve functionality or ensure compliance with applicable regulations. By using the service, you consent to receive such updates automatically. These updates are licensed under the same terms and may not be redistributed, installed on unauthorized devices, or altered in any way.

   Authorization

   You are authorized to access and use the TrueCaptions Service solely for personal, non-commercial use and in accordance with the limitations described in this Agreement and our Privacy Policy. You may not resell, sublicense, or transfer access to the Service or any TrueCaptions-provided device or telephone number.

   TrueCaptions assigns each user a dedicated captioning telephone number to be used exclusively with the TrueCaptions service. Your existing telephone number can be forwarded to this captioned number to enable the service. Number porting is not supported.

   Reservation of Rights

   All rights not expressly granted to you under this Agreement remain the sole property of TrueCaptions or its licensors. This includes all Intellectual Property Rights in the software, documentation, visual design, interfaces, and all system components supporting the Service.

   Restrictions

   You agree not to, and not to permit others to:

   • Copy, modify, or create derivative works of the Service or software;
   • Rent, sell, sublicense, or redistribute the Service, software, or any TrueCaptions device;
   • Reverse engineer, disassemble, or otherwise attempt to derive the source code;
   • Circumvent any access controls, security features, or update mechanisms;
   • Use the Service for commercial or fraudulent purposes;
   • Provide false information during registration or impersonate another individual;
   • Allow unregistered users to make or receive captioned calls through your account;
   • Use the captioning feature if you do not have a qualifying hearing loss;
   • Interfere with system functionality, updates, or service delivery;
   • Access the TrueCaptions captioned telephone number using non TrueCaptions services or devices.

   Termination

   TrueCaptions may suspend or terminate your access to the Service, revoke this license, and/or require the return of any provided equipment if you violate the terms of this Agreement or engage in fraudulent, unauthorized, or unlawful use of the Service.

   Intellectual Property

   All components of the Service, including software, documentation, and any related materials, are protected by intellectual property laws and remain the property of TrueCaptions and its licensors. No part of the Service may be used or reproduced except as explicitly authorized in this Agreement.

4. COMPLIANCE WITH RELEVANT LAWS

   General Use of Services

   You agree to use TrueCaptions Products and Services in full compliance with all applicable laws, including:

   1. the regulations of the Federal Communications Commission (FCC); and

   2. the laws of the state, territory, or jurisdiction where you

      1. reside
      2. accessed the TrueCaptions Products or Services
      3. downloaded the Application, or
      4. made use of the TrueCaptions Products or Services.

   This includes ensuring that TrueCaptions Endpoints with captioning enabled are used only by individuals with hearing loss who require captioning to effectively use the phone. The Service must not be used by individuals who do not have a qualifying hearing disability or have not completed the required self-certification and registration process.

   Caption Recording

   The TrueCaptions application includes a feature that allows users to save captioned content from their phone conversations. These saved captions are stored locally on the user's device and are not stored or accessible by TrueCaptions.

   You acknowledge that certain states and jurisdictions have laws requiring the consent of all parties to a phone call before recording or retaining any part of that communication. These laws may apply even if only one participant is located in a state with such requirements.

   By using the save captions feature, you agree that you are solely responsible for complying with applicable laws and for obtaining all necessary consents. You agree to indemnify and hold harmless TrueCaptions from any liability, claims, or legal consequences resulting from the use of this feature in violation of applicable laws.

   Appropriate Conduct

   You agree not to use the TrueCaptions Service or Products to engage in any abusive, obscene, harassing, fraudulent, unlawful, or otherwise inappropriate communications. The Service must not be used for purposes inconsistent with its intended use as a telecommunications accessibility solution.

   You also agree to interact with TrueCaptions personnel, including support or technical representatives, in a respectful and non-threatening manner during any service or support interaction, whether remote or in person.

   Permitted Purpose

   TrueCaptions Products and Services are intended exclusively to enable individuals with hearing loss to communicate in a manner functionally equivalent to that of individuals without hearing or speech disabilities, via voice telecommunications. You agree not to use the TrueCaptions Service or Endpoints for any other purpose.

   If TrueCaptions reasonably determines that you are not using the captioning service in accordance with its intended purpose, we reserve the right to immediately disable captioning. We may also terminate your captioning telephone number and discontinue service after providing fourteen (14) days’ written notice.

5. TRUECAPTIONS TELEPHONE NUMBER

   This section applies to Users who download and/or use the TrueCaptions Products in conjunction with the telephone number assigned by TrueCaptions.

   Telephone Numbers

   TrueCaptions provides each eligible user with a dedicated 10-digit VoIP-based telephone number. This number is assigned through an interconnected VoIP provider for use exclusively with TrueCaptions Services and compatible Endpoints, including phones and mobile applications. We will make reasonable efforts to assign a number with an area code closest to your physical location within the United States or the District of Columbia.

   You may continue to use your existing personal or home phone number by forwarding incoming calls to your assigned TrueCaptions number. This allows you to access captioning features without needing to port or replace your original phone number.

   TrueCaptions reserves the right to reclaim unused or inactive TrueCaptions numbers. Once a number is reclaimed, we cannot guarantee its reissuance.

   Number Porting

   TrueCaptions does not support number porting into or out of our system. Users retain their existing phone numbers through their preferred carrier and forward calls to their TrueCaptions-assigned number to access captioning functionality. If you believe your assigned number has been misused or reassigned in error, please contact TrueCaptions Support at 800-637-0077 or email info@truecaptions.net.

   Voicemail

   The TrueCaptions number includes optional voicemail functionality. The voicemail box has a limited capacity, and users are responsible for managing stored messages. If the mailbox is full, callers may be unable to leave new messages until space is made available. TrueCaptions is not responsible for missed, deleted, or delayed voicemails, or for any interruption in voicemail services.

   Number Assignment Fee

   TrueCaptions may assess a one-time administrative fee for assigning a dedicated telephone number, including any applicable taxes or surcharges, for requests made after August 2025. This fee does not apply when transferring an existing TrueCaptions-assigned number between TrueCaptions products, such as from a landline device to the mobile application. In the event a user cannot be qualified for the service or installation cannot be completed, the number assignment fee will be refunded prior to activation.

   Government-Mandated and Elective Fees

   Our VoIP provider may incur regulatory and administrative charges associated with provisioning telephone numbers, including but not limited to Universal Service Fund (USF) contributions, 911 surcharges, and other government-imposed fees or taxes. In addition, elective charges may be assessed by the VoIP provider for the technical infrastructure required to support interconnection with the public switched telephone network.

   TrueCaptions reserves the right to recover such fees directly from users, including:

   • Government-mandated taxes, surcharges, or regulatory fees;
   • Elective or administrative fees from the VoIP provider;
   • Number assignment fees described above;
   • Or any combination of these.

   Should such charges be applied, TrueCaptions will provide advance notice before any fees are billed or collected, except in the case of recurring charges, in which case you will be notified prior to the first billing cycle.

   You may cancel your service at any time with no penalty. Continued use of the service following notification of new charges constitutes your acceptance and agreement to pay such charges.

6. EMERGENCY CALLS AND 911 DIALING

   IMPORTANT NOTICE: PLEASE READ CAREFULLY

   Although TrueCaptions enables the ability to dial 911, we strongly recommend that users maintain an alternative means of contacting emergency services—such as a traditional landline or TTY device—particularly in the event of power, internet, or service disruptions. Calling 911 through conventional telephone services remains the most reliable and immediate method to reach emergency personnel.

   911 CALLING VIA TRUECAPTIONS PRODUCTS OR SERVICES DIFFERS SIGNIFICANTLY FROM TRADITIONAL LANDLINE OR TTY-BASED 911 SERVICES AND IS SUBJECT TO THE FOLLOWING LIMITATIONS:

   • A connection may not be established when attempting to dial 911.
   • 911 calling will not function if your internet or power service is disrupted, suspended, or otherwise unavailable.
   • Location data may be inaccurate, unavailable, or delayed, potentially resulting in emergency calls being misrouted.
   • If connected, the Emergency Response Center may not receive your precise location or be able to call you back.
   • IP-based captioning may introduce delays in communication during emergency calls.
   • If your service is suspended, terminated, or not yet activated, 911 access may be unavailable.

   User-Provided Registered 911 Location

   To enable proper call routing, users are required to provide a physical address (“Registered 911 Location”) from which emergency calls may be placed. This must be a valid U.S. address in one of the 50 states or the District of Columbia. You are responsible for updating this information whenever your location changes. Failure to do so may result in misrouted calls or delayed emergency response. Updates to your Registered 911 Location can be made via the TrueCaptions app or by contacting support.

   If we are unable to verify your submitted 911 location, activation of emergency calling from that location may be delayed by several business days. Until confirmed, emergency calls may be routed to a national Emergency Call Center rather than the appropriate local Emergency Response Center.

   Emergency Call Center Routing

   If your actual location is unavailable or cannot be validated at the time of the call, your 911 call may be routed to a centralized Emergency Call Center. These operators may not have access to your real-time location or phone number and may need you to verbally confirm your address before dispatching emergency services.

   Mobile App and Location Settings

   When using the TrueCaptions mobile application, your device location may be shared with emergency personnel, provided that location services are enabled. This location is determined using available signals such as GPS, Wi-Fi, and IP address. Despite these capabilities, your call may still be routed based on your Registered 911 Location rather than your real-time location due to technical limitations or network conditions.

   Wi-Fi Only Devices

   For devices that rely solely on Wi-Fi, automatic location detection may be unreliable or based on the Wi-Fi access point rather than your actual physical location. In such cases, we will use the Registered 911 Location to route your emergency call.

   911 Call Availability

   911 calling through TrueCaptions is available only within the 50 U.S. states and the District of Columbia. It is not supported outside of these jurisdictions.

   Limitations of Liability

   In providing access to emergency services through VoIP, TrueCaptions is entitled to the same legal protections and limitations of liability as traditional telephone carriers under federal and applicable state laws. This includes, but is not limited to, immunity from liability for delayed, misrouted, or failed emergency communications.

7. RANSMISSION OF FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) EMERGENCY ALERT SYSTEM

   TrueCaptions supports the broadcast of emergency alerts issued through the Federal Emergency Management Agency’s (FEMA) Emergency Alert System (EAS) in certain geographic areas. This service is available on select emergency alert capable devices, including TrueCaptions Phones and other supported Endpoints.

   You may receive emergency alerts issued by FEMA, along with contact information to reach FEMA directly for further assistance. It is your responsibility to decide whether or not to act on the information provided or to contact FEMA for additional guidance.

   When an emergency alert is transmitted, your ongoing use of the Services may be briefly interrupted, and the alert message may be repeated for emphasis. In addition, FEMA and TrueCaptions may periodically conduct test transmissions of the EAS, which may temporarily interrupt your service. If you are using the TrueCaptions single-number feature, alerts may be delivered simultaneously to multiple Endpoints associated with your account.

   Emergency alerts are only available within the 50 U.S. states and the District of Columbia. Your Registered 911 Location will be used to determine which alerts are geographically relevant to you. If a Registered 911 Location is not available, the address provided in your Registration Form will be used instead. You are responsible for ensuring your address is accurate and up to date. Alerts may not be received on all devices or in all areas, even if you are using an alert-capable Endpoint.

   There is no additional charge for receiving FEMA emergency alerts. For more information about the Emergency Alert System, device compatibility, and geographic coverage, you may contact a TrueCaptions representative or visit FEMA’s website.

   To the fullest extent permitted by law, TrueCaptions and its affiliates, contractors, employees, and authorized representatives disclaim liability for any errors, omissions, or consequences arising from the transmission or failure to transmit an emergency alert. This includes the release of user information to emergency authorities or public safety entities in connection with such alerts.

8. GENERAL DISCLAIMER OF WARRANTIES

   ALL SERVICES, TRUECAPTIONS PRODUCTS, AND TRUECAPTIONS MATERIALS ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9 OF THIS AGREEMENT, TRUECAPTIONS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

   WITHOUT LIMITING THE FOREGOING, TRUECAPTIONS MAKES NO GUARANTEE THAT THE SERVICES — INCLUDING BUT NOT LIMITED TO 911 OR OTHER EMERGENCY CALLING, CALL-BACK FUNCTIONALITY, EAS TRANSMISSIONS, OR ANY TRUECAPTIONS MATERIALS OR PRODUCTS — WILL MEET YOUR NEEDS OR EXPECTATIONS, OPERATE UNINTERRUPTED OR ERROR-FREE, OR BE COMPATIBLE WITH ANY THIRD-PARTY SYSTEMS, NETWORKS, OR SOFTWARE. TRUECAPTIONS DOES NOT WARRANT THAT THE SERVICES WILL BE FREE OF HARMFUL CODE OR THAT ANY ERRORS WILL BE CORRECTED.

   ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS.” ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES RELATING TO THIRD-PARTY MATERIALS ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY OWNER OR PROVIDER. NO EMPLOYEE, AGENT, DEALER, OR DISTRIBUTOR OF TRUECAPTIONS IS AUTHORIZED TO MODIFY THIS DISCLAIMER OR PROVIDE ANY ADDITIONAL WARRANTIES.

   TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, ANY SUCH IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO A MAXIMUM OF THIRTY (30) DAYS FROM THE DATE OF YOUR INITIAL USE OF THE SERVICES, OR TO THE MINIMUM EXTENT PERMITTED BY LAW. REMEDIES, IF ANY, SHALL BE LIMITED AS PROVIDED UNDER RELEVANT LAW.

   THE TRUECAPTIONS SERVICES ARE OPERATED FROM THE STATE OF FLORIDA, UNITED STATES, AND INTENDED FOR USE ONLY BY PERSONS LOCATED WITHIN THE UNITED STATES AND ITS TERRITORIES. ACCESSING OR USING THE SERVICES FROM OUTSIDE THE UNITED STATES MAY NOT BE LEGAL IN CERTAIN JURISDICTIONS. IF YOU CHOOSE TO ACCESS THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL LAWS.

9. SATISFACTION GUARANTEE AND LIMITED WARRANTY

   At TrueCaptions, we are confident in the reliability and performance of our Products. We aim to provide a high-quality experience, but we also recognize that issues may arise. For this reason, we offer a limited warranty on TrueCaptions branded devices. Specific remedies available in the event of an issue are described in Section 13 of this Agreement.

   Limited Warranty for TrueCaptions Phones

   TrueCaptions warrants that for a period of one (1) year from the date the TrueCaptions Phone is delivered to you (“Warranty Period”), the device will be free from defects in materials and workmanship under normal use by the original end user. If a defect arises during this Warranty Period, TrueCaptions will, at its sole discretion, repair the device, or replace it with a new or refurbished phone of the same or similar model. In situations where applicable federal regulations restrict replacement with the original model, a substitute model may be provided.

   Scope and Exclusions

   This limited warranty applies only to defects resulting from factory workmanship and materials. It does not cover damage or issues caused by:

   • Misuse, improper operation, or failure to follow instructions
   • Accidents, abuse, or neglect
   • Unauthorized repairs or modifications
   • Electrical surges or improper voltage use
   • Use in combination with non-compatible third-party equipment or services

   This warranty applies exclusively to TrueCaptions-branded phones and does not extend to any third-party devices, even if they are packaged or sold with TrueCaptions equipment. Except where prohibited by law, the TrueCaptions Phone is provided “as is,” and this limited warranty is the exclusive warranty provided for the device.

   If there is any conflict between the printed warranty materials included with your device and this Agreement, the terms in this section shall take precedence. TrueCaptions reserves the right to revise the terms of this warranty. Continued use of the device after any such updates are posted shall constitute your agreement to the updated terms. If you do not agree with the updated warranty terms, you must discontinue use of the device.

10. LIMITATION OF LIABILITY

    Except in cases of TrueCaptions’ gross negligence or willful misconduct, in no event shall TrueCaptions, or any of its affiliates, licensors, service providers, suppliers, or contractors, be liable under or in connection with the products, services, this agreement, or its subject matter, under any legal or equitable theory—including, without limitation, breach of contract, tort (including negligence), strict liability, or otherwise—for any of the following:

    1. loss of business, income, profits, revenue, or diminished value;
    2. interruption, suspension, delay, or failure of the services;
    3. damage to, loss, or corruption of data, including breaches of data security;
    4. indirect, incidental, consequential, exemplary, special, or punitive damages—even if such damages were foreseeable or you were advised of their possibility, and regardless of whether any remedy fails of its essential purpose.

    In no event shall the total cumulative liability of TrueCaptions and its affiliates, licensors, service providers, suppliers, and contractors, arising out of or relating to this agreement or its subject matter—under any legal or equitable theory—exceed an amount equivalent to six (6) months of fees actually paid by you for the services, if any. This limitation shall apply even if any remedy fails of its essential purpose.

11. INDEMNIFICATION

    You agree to indemnify, defend, and hold harmless TrueCaptions and its agents, subsidiaries and affiliates, service providers, licensors, suppliers, contractors, and each of their respective officers, directors, employees, agents, successors, and assigns (each, a “TrueCaptions Indemnitee”) from and against any and all losses, liabilities, claims, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any claim, suit, action, or proceeding incurred by a TrueCaptions Indemnitee (other than one of its affiliates), that arises from or relates to:

    1. your access to or use of the products;
    2. your access to or use of the services;
    3. the processing of your data or information in accordance with this agreement;
    4. your failure to comply with any specifications, instructions, or requirements related to any endpoint or equipment provided by TrueCaptions;
    5. any allegation that, if true, would constitute your breach of any representation, warranty, covenant, or obligation under this agreement; or
    6. any negligent act, omission, recklessness, or willful misconduct by you, your users, or any third party acting on your behalf in connection with this agreement.

12. NO ASSIGNMENT

    You may not assign this Agreement or any of your rights or obligations under it to any other person or entity. Any attempted assignment in violation of this section shall be null and void.

13. LIMITED REMEDIES

    Refund for TrueCaptions Products. If for any reason you are not fully satisfied with your TrueCaptions Phone, you may request a refund of any amounts you actually paid (if any) by contacting TrueCaptions Customer Support in writing or by phone within sixty (60) days of delivery (“Refund Period”). Your request must include: (a) your name, (b) your contact information, (c) the reason for the refund request, and (d) the serial number of the product you are returning. For the purposes of this section, delivery shall mean either the date a TrueCaptions representative installs the device at your location or, if shipped, five (5) days following the shipping date.

    To receive a refund, the device must be returned to TrueCaptions in good and undamaged condition. Refunds will be processed only after the device has been received. Once your refund is issued, this Agreement shall automatically terminate with respect to the returned product.

    Termination of Service. If TrueCaptions is unable to repair or replace a defective phone under warranty, you may terminate this Agreement by returning the phone. The Services will be deactivated, provided you do not have another registered TrueCaptions Phone or Application linked to your account. Upon termination, TrueCaptions will reclaim the associated telephone number, and it will no longer be linked to your account.

14. WRITTEN OFFER FOR THIRD-PARTY SOURCE CODE

    The Firmware and Software may include code developed by third parties, including software licensed under the GNU General Public License (“GPL”), GNU Lesser General Public License (“LGPL”), or other similar open-source licenses. This third-party code is distributed without any warranty and remains subject to the terms and conditions set forth by the original copyright holders.

    Where required by applicable license terms (such as the GPL, LGPL, or OpenSSL), TrueCaptions will provide access to the corresponding source code upon written request. You may request this code by sending a written letter via postal mail. We will fulfill such requests by providing the source code in a commonly used digital format (e.g., USB flash drive or digital download link delivered via email), and may charge a nominal fee to cover media and shipping costs, as permitted by applicable licenses.

    Please direct all requests to:

    TrueCaptions
    Attn: Source Code Request
    499 NW 70th Ave, Suite 109
    Plantation, FL 33317

15. GOVERNMENT END USERS

    The TrueCaptions Products and Services are classified as “Commercial Items,” “Commercial Computer Software,” and “Computer Software Documentation,” as those terms are defined in 48 C.F.R. §§ 2.101, 12.212, and 227.7202. In accordance with these provisions, the Products and Services are provided to U.S. Government end users only as Commercial Items and with only those rights that are granted to all other end users pursuant to the terms and conditions of this Agreement. All unpublished rights are reserved under the copyright laws of the United States.

16. PRIVACY

    The protection of your personal information is of paramount importance to TrueCaptions. We only collect, use, and disclose information as necessary to provide our Services, in accordance with applicable laws, including the regulations set forth by the Federal Communications Commission (FCC). Telecommunications Relay Services (TRS) are governed by strict FCC privacy requirements, and we adhere to these obligations fully. To the extent that any consent to disclosure outlined in this section is inconsistent with TrueCaptions’ legal obligations, applicable law shall govern.

    User Account

    To use TrueCaptions Products and IP Captioned Telephone Services, you are required to create a user account. This process involves the collection of personal information submitted electronically via the internet. You agree to provide accurate and complete information during account creation and whenever submitting information to TrueCaptions. Any personal contact data or images you choose to store within the application may be stored securely on TrueCaptions systems.

    Service-Related Information

    We may collect certain data through your use of IP Captioned Telephone Services to deliver the service effectively, maintain compliance with TRS Fund reporting requirements, and support continuous service improvement. By using TrueCaptions Products or Services, you agree that we may collect and utilize your service-related data for these purposes.

    Call Captioning and Audio Processing

    TrueCaptions uses automatic speech recognition (ASR) systems to generate real time captions of your incoming phone audio. In limited cases, human-assisted captioning may be used. For the captioning process to function, incoming audio is transmitted to our systems or third-party processors solely for the purpose of transcription. We do not retain the audio or the generated transcript unless specifically permitted or required by law. By using the captioning services, you agree to this transmission and waive any privacy protections that would prohibit such processing, to the extent allowed by law.

    Disclosure to Authorities and Third Parties

    TrueCaptions may disclose your personal information to governmental or legal authorities and other third parties as required or permitted by law. This may include, but is not limited to:

    • Sharing identity verification details (such as full name, residential and registered 911 address, date of birth, telephone number, and last four digits of your Social Security Number) to validate your application or account;
    • Providing call-related or account data to authorities if we suspect illegal or abusive use of the service;
    • Disclosing information in response to subpoenas, court orders, legal processes, or regulatory inquiries;
    • Taking legal action or cooperating with investigations to protect TrueCaptions’ systems, users, intellectual property, or public safety;
    • Responding to emergencies where we believe disclosure is necessary to prevent imminent harm.

    In the event of a potential merger, sale, financing, or transfer of assets involving TrueCaptions, your information may be shared with involved parties under strict confidentiality agreements and in accordance with the California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Delaware Online Privacy and Protection Act (DOPPA), and other applicable privacy regulations. Where required by law, you will be notified of any material change in data control.

17. CUSTOMER PROPRIETARY NETWORK INFORMATION (CPNI)

    In the course of providing IP Captioned Telephone Services to you through a TrueCaptions-enabled Endpoint, we collect and maintain certain customer proprietary network information (“CPNI”) in accordance with applicable FCC regulations and, where applicable, with the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and the Delaware Online Privacy and Protection Act (DOPPA).

    CPNI includes information such as the type and amount of services you receive, how you use those services, and related billing details. It does not include your name, address, or telephone number.

    TrueCaptions is committed to safeguarding your CPNI. We do not sell, rent, or otherwise disclose your CPNI except:

    • As permitted by you,
    • As required by law,
    • Or as described in Section 16 of this Agreement.

    We may, with your consent, use your CPNI to inform you about additional or different services that may be of interest to you. Consent to use your CPNI for this limited marketing purpose is requested during the registration process. Your decision to provide or withhold such consent will not affect your ability to use TrueCaptions IP Captioned Telephone Services.

    You have the right to restrict our use of your CPNI for marketing purposes at any time. If you choose to opt out, you may:

    • Log in to your TrueCaptions account and disable CPNI sharing in the "My Account" settings; or
    • Contact TrueCaptions Customer Support at 800-637-0077.

    Once submitted, your preference will remain in effect unless you choose to update it.

    We may disclose CPNI without your approval in the following situations:

    • When required to comply with lawful requests such as subpoenas, court orders, or legal processes;
    • When investigating fraud, security threats, or misuse of the Services;
    • To enforce our Terms of Service or Privacy Policy.

    In cases where your explicit opt-in consent is legally required for uses not outlined above, we will provide you clear notice and the opportunity to grant or decline such consent through oral, written, or electronic means.

18. CONSUMER PRIVACY RIGHTS UNDER CCPA, CPRA, AND DOPPA

    TrueCaptions respects your privacy rights under the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), the Delaware Online Privacy and Protection Act (DOPPA), and other applicable laws.

    For a complete description of your rights, including your right to access, correct, delete, or limit the use of your personal and sensitive personal information, and the procedures for submitting a verifiable request, please refer to our Privacy Policy.

    TrueCaptions does not sell your personal information. For any questions or to exercise your rights, you may contact us at info@truecaptions.net or call 800-637-0077.

19. TERM AND TERMINATION

    This Agreement becomes effective upon your first use or activation of the TrueCaptions Products or Services and will remain in force until terminated by either party.

    You may terminate this Agreement at any time by (a) returning the TrueCaptions Phone (if applicable), (b) destroying any copies of the Firmware or Documentation in your possession that are not returned, and (c) uninstalling the TrueCaptions Mobile Application.

    We may terminate this Agreement immediately if you breach any material term, including but not limited to the certification requirements outlined in Section 2, misuse of the Services, or failure to maintain eligibility for captioning services. In the case of termination related to your assigned Telephone Number, we will provide you with written notice and at least 14 days’ notice or such other notice period as specified in the termination notice.

    Upon termination, you agree to return any TrueCaptions hardware (such as the Phone), remove or delete any associated software and materials, and cease all further use of the Services. If you do not return the equipment, we reserve the right to reclaim or disable access to the Services and/or Telephone Number associated with your account.

20. CONFIDENTIALITY

    The TrueCaptions Products, Services, and all associated intellectual property rights, proprietary information, and technical know-how are the exclusive property of TrueCaptions. These are provided to you on the condition that you agree to maintain the confidentiality of all proprietary aspects of the Products and Services.

    You agree not to reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code, algorithms, protocols, system architecture, component structure, or interfaces of any TrueCaptions Products or Services. You further agree not to disclose, share, publish, or otherwise make available to any third party any proprietary information derived from or related to the TrueCaptions Products or Services, whether in whole or in part.

    This obligation shall survive the termination of this Agreement.

21. WAIVER AND SEVERABILITY

    No waiver by TrueCaptions of any term or condition set forth in this Agreement shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by TrueCaptions to assert a right or enforce a provision under this Agreement shall not constitute a waiver of such right or provision.

    If any provision of this Agreement is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be deemed modified to the extent necessary to make it enforceable or, if such modification is not possible, eliminated. In either case, the remaining provisions of this Agreement shall remain in full force and effect.

22. FORCE MAJEURE

    ClearCaptions shall not be held liable for any delay or failure to perform its obligations under this Agreement, other than obligations related to payment, where such delay or failure is caused by events or circumstances beyond its reasonable control (“Force Majeure Events”). Such events may include, but are not limited to, acts of God, natural disasters (including flood, fire, earthquake, or explosion), war, acts of terrorism, civil unrest, embargoes, government orders or regulations, labor disputes or strikes, utility or telecommunications failures, and other similar events beyond the reasonable control of ClearCaptions. Performance shall be excused for the duration of the Force Majeure Event and for a reasonable period thereafter.

23. GENERAL PROVISIONS

    Entire Agreement. This Agreement, together with the Registration Form, Self Certification Form, Privacy Policy, Acceptable Use Policy, and any Warranty Information accompanying the use of TrueCaptions Products, constitutes the entire agreement between you and TrueCaptions with respect to the use of the Products and Services. It supersedes all prior oral or written agreements, negotiations, or representations. We may revise this Agreement at any time. The "Last Updated" date at the top of this Agreement will reflect the most recent change. If we make material changes, we will provide notice consistent with this Section. Continued use of TrueCaptions Products or Services after such changes will signify your acceptance of the revised terms.

    Material Changes. If material changes are made to this Agreement, they will take effect thirty (30) days after notice is provided. Notice may be given by posting updated terms at https://truecaptions.net/terms, by email, through your registered TrueCaptions Endpoint, postal mail, or in your account portal. If you do not agree to the material changes, you must notify us within this thirty-day period using the method defined in the notice. Otherwise, your continued use of the Services after the notice period will constitute acceptance.

    Relationship of the Parties. Nothing in this Agreement creates an agency, partnership, joint venture, employment, or fiduciary relationship between you and TrueCaptions. Both parties act as independent contractors and neither has the authority to bind the other.

    Choice of Law and Attorneys’ Fees. This Agreement is governed by the laws of the State of Florida, excluding conflict of law principles that might direct application of another jurisdiction’s laws. If any dispute arises relating to this Agreement or your use of TrueCaptions Products or Services, the prevailing party shall be entitled to recover reasonable attorneys’ fees and legal costs.

    No Third Party Beneficiaries. Except for obligations relating to indemnification, this Agreement benefits only the parties to it and their permitted successors and assigns. It does not confer any rights or remedies on third parties.

    Cumulative Remedies. All remedies provided under this Agreement are cumulative and do not limit other legal or equitable remedies.

    Interpretation.This Agreement shall not be construed against either party by reason of authorship or drafting responsibility.

    Headings.Headings are included for convenience only and do not affect interpretation of this Agreement.

    Exclusions.This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded.

    Third Party Materials.Certain elements of TrueCaptions Products and Services may incorporate or rely on third-party software, services, or technologies. Licensing terms and acknowledgments for such components are available upon written request. Please direct such inquiries to: TrueCaptions, Attn: Customer Support, 499 NW 70th Ave, Suite 109, Plantation, FL 33317. Your use of third-party materials is subject to their respective terms and conditions.

24. ACCEPTABLE USE POLICY – TRUECAPTIONS TELEPHONE NUMBER AND MOBILE APPLICATION

    This Acceptable Use Policy (the “Policy”) outlines permitted uses of the TrueCaptions Telephone Number and Mobile Application in connection with the Internet Protocol Captioned Telephone Service (“IP CTS”) as defined in Section 1 and governed by the Terms of Use.

    Permitted Use

    The Telephone Number and Mobile Application are provided solely for individual use by registered users who meet the eligibility criteria set forth in Section 2 (Self Certification) and use the Services for real-time communication via captioned telephone calls, as described in Section 3 (License and Permitted Uses). Use is restricted to the 50 U.S. states and the District of Columbia.

    Prohibited Uses

    Use of the Telephone Number or Mobile Application in any manner inconsistent with Section 4 (Compliance with Relevant Laws) or Section 5 (Telephone Number) is prohibited. Examples of prohibited use include:

    • Use by unregistered or ineligible individuals;
    • Telemarketing, call centers, or any high-volume commercial activity;
    • Call generation schemes for revenue;
    • Resale, sublicense, or transfer of the Telephone Number or App;
    • Passive use without live dialogue (e.g., transcription-only use, intercoms, or monitoring).

    TrueCaptions reserves the right to monitor and evaluate usage patterns to detect abnormal behavior, including excessive call volume, forwarding, short-duration calls, or repeated re-initiated calls, and may act in accordance with Section 13 (Limited Remedies) or Section 19 (Term and Termination).

    Workplace Use

    Use of TrueCaptions in a professional setting is permitted provided the user remains the sole registrant and meets the TRS eligibility requirements set forth in Section 2.

    Geographic Limitation

    As noted in Sections 5 and 6, the Services are only available within the United States and the District of Columbia. Use from outside these areas is not supported.

    Enforcement and Compliance

    Improper use, as described in this Policy and elsewhere in this Agreement, may result in suspension or termination of service under Section 19. Where reasonable, TrueCaptions will provide notice and may offer alternative options where appropriate.