Terms of Service

The Service

Common Number provides phone numbers, calling and texting for people and businesses, and registers you with phone carriers so you can text.

The Service is in early access. Features may change, be limited or stop working while we build it. We will tell you before we remove a feature you are paying for.

Your account

You must be at least 18. You can use the Service for yourself or for a business.

Give accurate information and keep it current. Keep your password secret. You are responsible for everything done through your account and by the people you invite to your organization.

Fees

We will show you any fee before you incur it, and you will be charged only for what you authorize.

Carrier registration fees (for example the one-time and monthly fees to register for texting) are set by carriers and their registry. We pass them through at cost. Carriers charge them even when they reject a registration, so they cannot be refunded once we submit your registration.

Prices do not include taxes, which are added where the law requires.

Acceptable use

You are responsible for the calls and texts you send through the Service and for following every law that applies to them, including the Telephone Consumer Protection Act, state telemarketing and texting laws, and do-not-call rules.

Our messaging provider, Twilio, sets rules that apply to everyone sending through it. By using the Service you agree to follow Twilio's Acceptable Use Policy (twilio.com/legal/aup) and Messaging Policy (twilio.com/legal/messaging-policy), and the CTIA Messaging Principles and Best Practices.

In particular, you must not:

• text anyone who has not agreed to receive your texts, or keep texting someone who replied STOP;
• send marketing texts without the person's separate written consent;
• send content about high-risk lending, debt collection, gambling, prescription or illegal drugs, cannabis, firearms, adult content, or third-party lead generation;
• send spam, phishing, fraud, harassment or anything illegal;
• hide or fake who you are, or use a number to impersonate someone else;
• use the Service to make automated or prerecorded calls without the consent the law requires;
• try to get around carrier filters, registration rules or limits we or our providers set.

Texting registration

Carriers require anyone who texts from a number like ours to register first. Businesses register with their business details; people without a business register under their own name. When you submit a registration, you authorize us to submit your information to Twilio, The Campaign Registry and carriers on your behalf, and to create the accounts and profiles needed to do so.

You confirm that the information you give is true and that you are authorized to register yourself or the business you name. Carriers decide whether to approve a registration. We cannot guarantee approval or how long it takes.

Your business page, SMS privacy policy and SMS terms

When you submit a texting registration, we create three public pages for your business from the answers you give us: a business page, an SMS privacy policy and SMS terms. We publish them at pages.commonnumber.com and submit their addresses to carriers as your business's website, privacy policy and texting terms. You can read them before you submit.

By submitting, you give us a non-exclusive, royalty-free permission to publish these pages, including your business name, description, contact details and any website you give us, for as long as you use the Service and for a reasonable time after, so carrier records stay valid.

The SMS privacy policy and SMS terms are your business's documents. You adopt them as your own, and you are responsible for following what they say and keeping your answers accurate so the pages stay true. Tell us when anything changes, or update your answers. We provide these pages as a software service from templates. We are not your lawyer, the pages are not legal advice, and you may ask your own lawyer to review them.

You can ask us to correct or remove your pages at any time by contacting us. Removing them may cause carriers to suspend your texting registration. We will not give a removed page's address to another business.

Phone numbers

Phone numbers come from our telecommunications providers. While your account is active, you have the right to use the numbers assigned to you, but you do not own them.

If your account closes, we may release your numbers after giving you notice. Ask us before then if you want to move a number to another provider, and we will help where our providers support it.

No emergency calls

The Service does not currently support calls or texts to 911 or other emergency services. Do not rely on it for emergencies. Keep another phone available that can reach emergency services.

Your content and your customers' information

You keep all rights to the calls, messages, contacts and other content you put into the Service. You give us permission to store, process and transmit that content only as needed to provide the Service to you.

When you use the Service to communicate with your own customers, you decide what information about them you collect and how you use it, and we process it on your behalf. Our Privacy Policy explains how we handle information.

Providers we rely on

The Service depends on providers such as telecommunications carriers, Twilio and Cloudflare. Carriers may filter, delay or block calls and texts, and providers may change their requirements. We are not responsible for their acts or outages, but we will work with them to fix problems that affect you.

Suspension and closing your account

We may suspend or limit your account, numbers or texting if you break these terms, if a carrier or provider requires it, or to stop harm to people, the network or the Service. Where we can, we will tell you first and give you a chance to fix the problem.

You can stop using the Service at any time. We may end the Service for you with 30 days' notice, or immediately for a serious breach. Fees you already owe stay due.

Disclaimers

The Service is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Service will be uninterrupted or error-free, or that every call or text will be delivered.

Limits on liability

To the extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data.

To the extent the law allows, our total liability for all claims about the Service is limited to the greater of the amount you paid us in the 12 months before the claim and $100.

These limits do not apply to your obligations under the Acceptable use and Indemnity sections, or to anything the law does not allow us to limit.

Indemnity

You will defend and indemnify Common Number against claims, fines and costs, including reasonable legal fees, that arise from your calls and texts, your content, the information you give us, or your breach of these terms or the law.

Changes to these terms

We may update these terms. If a change matters to you, we will tell you before it takes effect and ask you to accept the new version the next time you sign in. If you do not accept, you can close your account.

Governing law

Hawaii law governs these terms, without regard to its conflict-of-law rules. Any dispute will be heard in the state or federal courts in Honolulu, Hawaii, unless the law where you are requires otherwise.

If any part of these terms cannot be enforced, the rest still applies. These terms and our Privacy Policy are the whole agreement about the Service.

Contact

COMMON NUMBER LLC, 2525 Date St, Honolulu, HI 96826. Email: peter@commonnumber.com.