Last Updated: June 1, 2026
IMPORTANT: THIS AGREEMENT PROVIDES FOR SETTLEMENT OF DISPUTES BY BINDING ARBITRATION INSTEAD OF JURY TRIALS. PLEASE READ ALL TERMS CAREFULLY BEFORE USING THE SERVICES.
These Terms of Service for Kallzer Tech LLC (“Kallzer”) constitute a legal agreement between you (“Customer” or “you”) and Kallzer regarding the Kallzer Services. The Services include the systems (hardware, software, and equipment) by which Kallzer provides VoIP, wholesale voice termination, toll-free, robocall mitigation, and related telecommunications services. Your use of the Services constitutes your agreement to these Terms and Kallzer’s then-current Acceptable Use Policy, available at https://kallzertech.com.
You may only receive the Services if You are a Service subscriber in good standing with a valid, authorized payment method on file with Kallzer. You must obtain Your own Internet connection to use the Services. Kallzer is not responsible for any third-party products or services, or for problems caused by Your Internet connection or third-party products.
You may designate one or more users as account administrators with full administrative control of Your account. The Administrator may: (i) make any changes to the account (service additions/deletions, user assignments, cancellations, credit card updates); and (ii) authorize porting of telephone numbers. The Administrator may assign additional administrators or re-assign Administrator status. Re-assignment requests not possible through the portal must be submitted in writing on company letterhead, executed by an officer or owner.
Additional Services may be purchased by designated Administrators through the Kallzer user interface, portal, or by contacting Kallzer Customer Support. You authorize those administrators to add Services to Your account and commit You to pay for them. You further authorize Kallzer to obtain payment of Your then-current statement balance from Your credit card each month.
The Administrator may designate one or more Company Contacts who will receive all messages from Kallzer concerning general account matters (notices of updates, billing notices, maintenance alerts). Kallzer will initially assign the Administrator as the Company Contact.
Customer agrees to pay Kallzer the rates, fees, and other charges agreed to in the parties’ Service Agreement or as posted in the user portal, including all usage-based charges (per-minute, per-call, per-text, per-number, per-port), recurring charges, and one-time charges. Customer also agrees to pay all applicable taxes, duties, USF contributions, and government-mandated fees.
Kallzer may adjust service plans and features at any time, applied consistently to similarly situated customers, with commercially reasonable efforts to provide thirty (30) days’ notice. Kallzer also reserves the right to increase pricing for government-sourced or regulated changes that increase the cost of VoIP services, and to include or exclude international calling destinations based on commercial or legal judgment. All pricing is exclusive of taxes, fees, and other government charges.
Kallzer will publish rate changes via the user portal, by emailing rate decks to the Company Contact, or through other commercially reasonable means. Customer is responsible for reviewing then-applicable rates before using any Service.
Kallzer is principally a prepaid service. Customer authorizes Kallzer to apply all applicable charges to the credit card associated with this Agreement. Services will be subject to immediate suspension without further notice at any time the account does not have sufficient funds.
At inception of Service, Customer agrees to deposit a fixed amount to establish initial prepaid value. As the account balance is depleted to the low-balance threshold (default: $100.00), Customer’s credit card may be charged to restore the account above the threshold to a top-up value defined in the user interface.
Except for usage-based fees, all fees are due in advance on the first day of each billing period, including monthly recurring Service Fees, activation fees, porting fees, early termination fees, Regulatory Recovery Fees, USF fees, and E911 fees. All usage-based charges are due in arrears on the first day of each billing period following the month they were incurred. All payments, including advance payments, are non-refundable.
Failure to pay in full will result in immediate account suspension. Kallzer will assess a late charge of 1.5% per month (or the highest amount allowed by law, whichever is higher) on balances more than thirty (30) days past due. Customer is responsible for all fees, including reasonable attorneys’ and collection fees, incurred by Kallzer in collecting outstanding balances.
Kallzer calculates billable call duration from the time it receives the initial “INVITE” packet to the time it receives the final “BYE” packet. All usage is billed in the time increments identified in Your user portal.
Either party may terminate this Agreement at any time without penalty by providing thirty (30) days’ prior written notice to the other party. Following the effective date of termination, Customer may request a refund of its Prepaid Balance, which Kallzer shall refund within 30 days less any amounts due to Kallzer.
In addition to Kallzer’s rights under the Acceptable Use Policy, Kallzer may immediately suspend or terminate Service, without prior notice and without liability, upon: (i) Customer’s violation of this Agreement or the AUP; (ii) Customer’s violation of applicable law; (iii) receipt of a traceback or complaint associated with Customer’s account; (iv) Customer’s failure to respond to a traceback request within the required timeframe; (v) insufficient prepaid balance; or (vi) instruction from an upstream carrier, the FCC, or law enforcement.
Customer shall be responsible for the costs incurred by all inbound and outbound call traffic regardless of source, authorization, or scope. Should Customer’s equipment be breached by an unauthorized third party, Customer shall be responsible for all costs, fees, and charges associated with unauthorized traffic.
Customer agrees to bear the risk of loss and assume all liability arising from prohibited, unauthorized, or fraudulent usage under its Kallzer account. Any such use is a material breach of this Agreement. Customer is solely responsible for securing all credentials, telephone softphone credentials, and end-user credentials.
If Kallzer discovers fraudulent usage, Customer consents to Kallzer taking actions it deems reasonably necessary (including blocking access to particular calling numbers or geographic areas), without notice, to prevent such usage. Customer acknowledges that Kallzer: (1) has no duty to investigate the authenticity of usage charged to Customer’s account; (2) has no duty to prevent fraudulent usage from occurring; (3) is not liable for any fraudulent usage billed to Customer’s account.
Customer agrees to comply fully with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, the Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310, and all applicable federal and state telemarketing laws. Without limiting the foregoing, Customer shall:
Failure to comply with TCPA and DNC obligations is a material breach of this Agreement and may result in immediate suspension and permanent termination of Services without notice.
Customer shall implement and maintain STIR/SHAKEN caller ID authentication in compliance with FCC requirements under 47 C.F.R. Part 64, Subpart CC, and the TRACED Act. Customer shall:
In accordance with the FCC’s robocall mitigation rules and the TRACED Act, Customer shall:
Customer acknowledges that Kallzer is subject to traceback obligations under the TRACED Act and FCC regulations. Customer shall:
Failure to respond to a traceback request within 24 hours or failure to identify and remove the source of unlawful traffic may result in immediate suspension of all Services.
Your use of the Services is subject to Kallzer’s Acceptable Use Policy, incorporated herein by reference. Customer shall not, and shall not permit any end user to, use the Services or any Numbering Resources in connection with:
Kallzer reserves the right to audit, track, and/or monitor Customer’s use of the Services to enforce this Agreement, comply with legal requirements, protect Kallzer’s network and other customers, and fulfill contractual obligations with upstream carriers. Customer understands, agrees, and consents to such monitoring. In the event Kallzer is required by court order, statute, government regulation, subpoena, traceback request, or other governmental request to disclose Customer information (including CPNI), Customer consents to Kallzer’s cooperation.
Kallzer is subject to the FCC’s Customer Proprietary Network Information (CPNI) rules under 47 U.S.C. § 222 and 47 C.F.R. Part 64, Subpart U. All information that Kallzer collects about Customer’s use of Kallzer’s website, online user portal, and Services is subject to Kallzer’s CPNI Policy. Customer acknowledges and consents to Kallzer’s use of CPNI to the extent permitted by applicable FCC regulations. Customer shall not disclose, use, or permit the use of any CPNI obtained through the use of the Services for any purpose not authorized by applicable law.
12.1 Non-Availability of Traditional 911 or E911
Kallzer’s 911 dialing service operates differently than traditional 911 service. E911 service is disabled by default and must be enabled by Kallzer Support. Customer agrees to provide thirty (30) days’ notice to Kallzer if it intends to use the Kallzer Network for 911. Customer must inform all business invitees, guests, and third persons at the physical location where the Services are used of the non-availability of traditional 911 or E911 dialing from Kallzer Services and equipment.
12.2 Description of 911-Type Dialing Capabilities
When You dial 911, Your call is routed from the Kallzer network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the address listed at the time of activation. In the event Your equipment is used in multiple locations, administrators may create additional service locations and associate equipment with specific locations for proper PSAP routing.
12.3 Service Outage and 911
911 dialing does not function in the event of a power failure or disruption, service outage due to broadband provider or ISP issues, account suspension due to billing issues, or any other service outage. Kallzer’s liability is limited for any service outage and/or inability to dial 911.
12.4 Network Congestion
Network congestion and/or reduced speed in the routing of 911 communications may be greater than with traditional 911 dialing. 911 calls from Kallzer equipment may be routed to a general telephone number for the local emergency service provider, which may not be answered outside business hours and may produce a busy signal.
12.5 Automated Number Identification
Technical limitations may make it impossible for the PSAP and local emergency personnel to identify Your phone number when You dial 911. You must be prepared to provide Your phone number and location to the operator, as the emergency center may not be equipped to receive or retain Your telephone number and registered address.
12.6 Limitation of Liability for 911 Services
Kallzer relies on third parties for forwarding of information underlying 911 routing. Kallzer and its third-party providers disclaim any and all liability in the event such information or routing is incorrect. You agree to defend, indemnify, and hold harmless Kallzer, its officers, directors, employees, affiliates, agents, and third-party providers from any and all third-party claims arising from: (a) failure to correctly activate 911 calling; (b) provision of incorrect 911 information; (c) misrouted 911 or E911 calls; or (d) absence, failure, or outage of the Services, including 911 dialing.
During the term of this Agreement, Customer grants Kallzer and its agents authority to initiate porting requests on its behalf as Kallzer determines is reasonably necessary for the provision of the Services. Kallzer may place Customer’s phone numbers with a new peer without further notice, provided that Kallzer will not enter into any agreement that would directly result in Customer’s loss of its phone numbers.
Customer agrees to release Kallzer from damages of any kind, including direct, consequential, and exemplary or punitive damages, in the event that a terminating or servicing peer or a third party experiences technical difficulties resulting in service interruption, delays in porting, delays in service, or lost telephone numbers.
Due to the nature of international tariffs, laws, and technical capacities, not all international numbers are reachable from the Kallzer network. This includes numbers involved in military conflicts, numbers under U.S. or UN economic sanctions, numbers where call completion rates expose Kallzer to high fraud risks, satellite phones or cruise ships, numbers using infrastructure not reachable from the United States, and other similar circumstances.
The Kallzer infrastructure is highly confidential and proprietary. Customer shall not use the Services for any purpose beyond the scope of access granted in this Agreement. Customer agrees not to: (1) reverse engineer, decompile, disassemble, or otherwise attempt to derive techniques, processes, algorithms, or know-how from the Services; (2) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make the Services available to third parties; or (3) use the Services in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or applicable law.
If Customer makes any suggestions regarding improvements, changes, or new features relating to the Kallzer Services (“Suggestions”), Customer irrevocably assigns to Kallzer all right, title, and interest in and to the Suggestions. Any Custom Work Product developed at Customer’s request, if accepted in writing by Kallzer, shall be billed at Kallzer’s hourly development rate of $250/hour. All right, title, and interest in and to Custom Work Product shall remain with Kallzer.
Apart from publicly available terms and conditions, Kallzer and Customer agree that rates, fees, charges, network and software details, Customer usage data, and other non-public information exchanged under this Agreement are confidential and proprietary. Neither party shall disclose such confidential information to any third party without prior express written permission of the other party during the term or for three (3) years following termination.
In the event disclosure is mandated by court order, subpoena, governmental authority, or law, the receiving party must give prompt written notice to the other party and cooperate in obtaining any protective order or other confidentiality protection.
YOU HEREBY AGREE TO HOLD HARMLESS, INDEMNIFY, AND DEFEND KALLZER, ITS OFFICERS, DIRECTORS, AND EMPLOYEES, FROM AND AGAINST ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, FINES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO: (i) ANY THIRD-PARTY CLAIM RELATING TO YOUR USE OF THE KALLZER SERVICES; (ii) YOUR BREACH OF THIS AGREEMENT; (iii) ANY VIOLATION OF TCPA, DNC, STIR/SHAKEN, OR CALLER ID RULES BY YOU OR ANY END USER; (iv) ANY TRACEBACK, REGULATORY INVESTIGATION, OR ENFORCEMENT ACTION ARISING FROM TRAFFIC ASSOCIATED WITH YOUR ACCOUNT; OR (v) ANY UNAUTHORIZED USE OF NUMBERING RESOURCES PROVISIONED TO YOU.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR FOR LIABILITY DIRECTLY CAUSED BY KALLZER’S RECKLESS OR INTENTIONAL MISCONDUCT, KALLZER WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF KALLZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KALLZER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID KALLZER IN THE SIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
EXCEPT TO THE EXTENT EXPRESSLY PROVIDED HEREIN, KALLZER DOES NOT WARRANT THE SERVICES OR THE ACCURACY OR CORRECTNESS OF THE RESULTS OF THE SERVICES, AND KALLZER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF: (1) MERCHANTABILITY; (2) FITNESS FOR PARTICULAR PURPOSE; (3) EFFORT TO ACHIEVE PURPOSE; (4) QUALITY; (5) ACCURACY; (6) NON-INFRINGEMENT; (7) TITLE; (8) MARKETABILITY; (9) PROFITABILITY; (10) SUITABILITY; AND/OR (11) ANY TYPE ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. THE KALLZER SERVICES AND ANY MATERIALS, SOFTWARE, OR EQUIPMENT ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW.
Except for claims by Kallzer to enjoin infringement or other misuse of its intellectual property rights, any controversies or disputes between the parties arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. Arbitration shall take place in or near Sioux Falls, South Dakota. The rules of discovery under the State of New York shall apply. The arbitrator shall be bound by the laws of the State of New York. The decision rendered shall be final, binding, and enforceable in any competent court of law.
THE PARTIES UNDERSTAND AND AGREE THAT THEY ARE WAIVING THEIR RIGHT TO A TRIAL BY JURY. IF, FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws provisions.
Customer may make service requests via email, ticket submission, or phone call. Certain changes to subscribed Services may be made via Kallzer’s user interface.
This Agreement, together with the parties’ Service Agreement and any attachments and addenda, contains the entire agreement between the parties and supersedes any prior oral or written agreements.
Kallzer reserves the right to change any non-price terms of these Terms of Service prospectively, after providing thirty (30) days’ advance notice of any changes that would have a materially adverse effect. Changes will become effective on the next business day following the 30-day notice period. Continued use of the Services constitutes acceptance of any changes.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
The failure of either party to enforce a provision of this Agreement shall not be construed as a waiver of that party’s right to enforce those provisions in the future.
All provisions that logically ought to survive termination shall survive, including without limitation the sections relating to TCPA/DNC compliance, traceback cooperation, CPNI obligations, confidentiality, arbitration, indemnification, and limitations of liability.
If you have any questions about these Terms of Service, please contact us:
