These terms govern your use of the OmertaCall.com website and of the telephony, messaging, number and related services provided by OmertaCall LLC ("OmertaCall", "we", "us"). By creating an account, signing an order form or using the services, you agree to these terms.
1. Who we are and what these terms cover
Registered office (Nevis)
OmertaCall LLC, Hunkins Waterfront Plaza, Suite 556, Main Street, Charlestown, Nevis.
EU establishment (Dublin, Ireland)
OmertaCall (Irish branch of OmertaCall LLC), Office Suites Club, 20 Harcourt St, Saint Kevin's, Dublin 2, D02 H364, Ireland.
For legal matters, including notices under these terms, email [email protected]. For sales and orders, email [email protected].
The "Services" are the telephone numbers, calling, cloud PBX, dialer, SMS and WhatsApp messaging, call-intelligence, supervisor, number-reputation, API and related features that we make available to you. The features, quantities and any service-specific conditions are set out in your order form, quote acceptance or signed agreement (your "Order"). The Order, these terms, the Acceptable use policy and the DPA together are your "Agreement". If a signed Order conflicts with these terms, the Order prevails for that subject.
2. Business customers only
The Services are for businesses and professionals, not consumers. By using them you confirm that you are at least 18, that you act for a business, and that you have authority to bind that business.
3. Accounts and KYC
- Registration. You must give accurate and complete information and keep it current.
- Verification. Before and during service we may ask for know-your-customer (KYC) information, such as company documents, identity of directors and beneficial owners, details of your use case and the source of funds. We screen customers against sanctions lists. We may decline an application, or limit or end a service, if we cannot complete verification or if the result is unacceptable to us. Our AML compliance officer oversees this process, and you can reach that officer at [email protected].
- Security. You are responsible for your credentials, two-factor settings, SIP credentials and API keys, and for all activity under your account. Tell us promptly if you suspect unauthorised use.
- Users. You are responsible for the people you give access to and for their compliance with the Agreement.
4. Acceptable use
You must follow our Acceptable use policy, which forms part of these terms. You are responsible for the content and purpose of your calls and messages, for the caller IDs you present, and for complying with all laws that apply to your activity in every country you call or message. This includes telemarketing, do-not-call, consent, call recording, consumer-protection, anti-money-laundering, sanctions and data-protection rules. You must obtain required consents, keep records of them, and honour opt-outs. If you use recording, transcription or AI features, you must give people the notices that the law requires, and where an AI voice agent speaks with people, you must disclose that when the law or our policy requires it.
5. Numbers and regulatory requirements
- Country rules. Each country sets its own rules for issuing and using numbers. Some require a local address, identity documents, a registered business or a stated use case. We will tell you what is needed, and you must provide it accurately and on time.
- No ownership. Numbers are assigned to you for use with the Services. You do not own them. A regulator, carrier or law may require us to change, suspend, reclaim or withdraw a number.
- Porting. Moving numbers in or out is subject to the rules of the countries and carriers involved, and to the information you provide.
- Your use. You are responsible for keeping to the conditions attached to each number, including those on emergency calling, which may be limited or unavailable for some numbers and services. We will tell you about those limits in the Order or in the documentation.
- Reputation information. Number-reputation and HLR lookup results come from third-party sources and our own measurements. They are provided for information only. We do not control how any carrier, app or device labels, blocks or treats a number or call.
6. Prepaid balance and top-ups
- Balance. Usage is deducted from your prepaid balance at the rates in your Order. Calls and messages may stop when the balance is exhausted, unless we have agreed credit terms in writing.
- Top-ups. You can top up by the methods we offer, including cryptocurrency. A top-up is credited after the payment is confirmed on the relevant network and passes our checks. You are responsible for network fees, sending to the correct address, and the correct amount. Cryptocurrency transfers cannot be reversed by us.
- Refunds. Balance is used to pay for the Services and is not a deposit or stored value. Unless the law or your Order says otherwise, balance is not refundable, except that we may at our discretion return unused balance on termination to the original payment source, after checks required by anti-money-laundering rules. We will not return funds to a different person or route.
- Checks. We may delay or refuse a top-up or a return of funds if we suspect fraud, money laundering or a sanctions issue, and we may report as the law requires.
7. Fees
Fees, rates, billing increments, currencies, invoicing and payment terms are set out in your Order. Fees exclude taxes, which you pay unless a valid exemption applies. You must raise a billing dispute in writing within 30 days of the invoice or statement; later disputes are waived except where the law provides otherwise. You are liable for all usage on your account, including usage you did not intend that results from a failure to secure your credentials. Carrier surcharges, regulatory charges and pass-through fees that apply to your traffic will be stated in your Order or notified to you in advance.
8. Service levels
Service availability, support response targets and any remedies are those set out in the service-level section of your Order or a separate service-level agreement. Without one, we provide the Services with reasonable skill and care, but we do not promise that they will be uninterrupted or error-free. The Services depend on third-party carriers and networks. Planned maintenance will be notified where practical. Credits described in a service-level agreement are your sole remedy for the availability failures they cover.
9. Suspension
We may suspend or restrict all or part of the Services, immediately where necessary, if:
- we reasonably believe you have breached the Agreement or the Acceptable use policy;
- your traffic shows signs of fraud, spoofing, traffic pumping, abuse or a threat to our network, suppliers or other customers;
- KYC or sanctions checks are incomplete or fail;
- a regulator, carrier, court or law enforcement authority requires it;
- amounts are overdue or your balance is exhausted.
We will give notice and restore the Services when the reason is resolved, where practical and lawful. We may not be able to give prior notice where doing so would be unlawful or harmful.
10. Intellectual property
The Services, website, software, documentation, the OmertaCall name and logo, and all related rights belong to OmertaCall LLC or its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Services during the term for your internal business purposes. You may not copy, resell, reverse engineer or create derivative works from them, except as the law allows or we permit in writing. You keep all rights in your data and content. You give us the right to process them to provide the Services. If you send us feedback, we may use it without restriction.
11. Confidentiality
Each party must keep the other's confidential information secret, use it only for the Agreement, and disclose it only to staff, advisers and suppliers who need to know and are bound by similar duties. This does not apply to information that is public, already known, independently developed, or lawfully received from someone else. A party may disclose confidential information where the law, a court or a regulator compels it, and, where lawful, should give the other party prior notice. These duties continue for three years after the Agreement ends, and for as long as the information is a trade secret or personal data.
12. Data protection
Each party must comply with the data-protection laws that apply to it. For personal data that we process on your behalf, our data processing addendum (DPA) applies, and it forms part of the Agreement. See Data processing addendum. It covers processor duties, sub-processors, international transfers, security, 72-hour breach notice and return or deletion of data. How we handle personal data as a controller is described in our Privacy policy. Recordings and transcripts are not used to train AI models. You are responsible for having a lawful basis and giving notices for the data you put into the Services.
13. Disclaimers
To the fullest extent permitted by law, the website and the Services are provided "as is" and "as available". We disclaim all implied warranties, including satisfactory quality, fitness for a particular purpose and non-infringement. AI-generated output, such as transcripts, translations, summaries, scores and voice-agent responses, may be inaccurate. You must review it before relying on it, especially for decisions that affect people.
14. Limitation of liability
To the fullest extent permitted by law:
- No indirect loss. Neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, goodwill or data.
- Cap. Each party's total liability arising from or relating to the Agreement is limited to the fees you paid or owed for the Services in the three months before the event giving rise to the claim.
- Exceptions. The cap does not limit your duty to pay fees, your indemnity obligations, or liability that cannot be limited by law.
15. Indemnities
By you. You will defend and indemnify OmertaCall LLC, its affiliates and staff against claims, fines, penalties, losses and costs, including reasonable legal fees, arising from your calls, messages and content; your breach of the Agreement or the Acceptable use policy; or your breach of any law or third-party right.
By us. We will defend you against a third-party claim that the Services, as we provide them, infringe that party's intellectual property rights, and pay the damages finally awarded or agreed in settlement, if you promptly notify us, let us control the defence and cooperate. We may modify the Services, procure a right to continue, or end the affected Service and refund prepaid fees for it. This does not apply to claims caused by your content, by combination with other products, or by use that breaches the Agreement. This section is your sole remedy for infringement claims.
16. Term and termination
The Agreement starts on the earlier of your acceptance and your first use, and continues for the term in your Order, or, if none is stated, until either party ends it by giving 30 days' written notice. Either party may terminate immediately by notice if the other commits a material breach that is not remedied within 14 days of notice, or becomes insolvent. We may terminate immediately if we are required to by law or a regulator, or if you breach the Acceptable use policy in a serious way. On termination, your right to use the Services and numbers ends, you must pay outstanding fees, and we will delete or return your data as the DPA provides. Sections that by their nature should survive will do so, including those on fees, intellectual property, confidentiality, liability, indemnities and governing law.
17. Events outside our control
Neither party is liable for delay or failure caused by events beyond its reasonable control, including carrier or network outages, power or internet failures, regulatory action, war, natural events and labour disputes. This does not excuse payment obligations.
18. Governing law and disputes
These terms and any dispute arising from them are governed by the laws of Nevis, St Kitts and Nevis. The courts of St Kitts and Nevis have exclusive jurisdiction, unless the law requires otherwise.
19. Changes to these terms
We may update these terms. The "Last updated" date shows the current version. For existing customers we will give at least 30 days' notice of material changes by email. Continued use after the changes take effect means you accept them.
20. General
- If any part of these terms is unenforceable, the rest remains in effect.
- If we do not enforce a right, we have not waived it.
- You may not assign the Agreement without our written consent. We may assign it to an affiliate or a successor to our business.
- Notices to us go to [email protected]. We may give notices to the email address on your account.
- The Agreement is the entire agreement between us on its subject and replaces earlier discussions.
- No one other than the parties has a right to enforce the Agreement.
21. Contact
Registered office (Nevis)
OmertaCall LLC, Hunkins Waterfront Plaza, Suite 556, Main Street, Charlestown, Nevis.
EU establishment (Dublin, Ireland)
OmertaCall (Irish branch of OmertaCall LLC), Office Suites Club, 20 Harcourt St, Saint Kevin's, Dublin 2, D02 H364, Ireland.
Legal matters: [email protected]. Sales: [email protected].