Terms of Service
Effective date: August 24, 2026
These Terms of Service (“Terms”) govern access to and use of Octone (the “Service”), a multi-tenant business communications platform operated by InstaArch LLC (“InstaArch,” “we,” “us,” or “our”), available at https://octone.co. By creating an account, completing checkout, or using the Service, you agree to these Terms on behalf of yourself and the business you represent.
1. Acceptance of Terms
- You must be able to form a binding contract under applicable law. If you accept these Terms for a company, you represent that you have authority to bind that company.
- If you do not agree to these Terms, do not use the Service.
- We may update these Terms from time to time. Material changes will be posted on this page with an updated effective date. Continued use after changes become effective constitutes acceptance.
2. The Service; Business Use Only
- Octone provides multi-tenant VoIP and messaging features for businesses, which may include phone numbers, extensions, browser softphone, SMS/MMS, IVR, call recording, listen-in/coaching, alerts, and related admin tools, subject to your plan and enabled features.
- The Service is offered for legitimate business use. It is not intended as a consumer personal phone service.
- Features available to your tenant depend on your subscription plan (Starter, Team, or Business) and any configuration we or you apply inside the product. Numbers and SMS/MMS usage are purchased inside the admin experience after signup and are billed separately from the base plan where applicable.
3. Accounts and Access
- You create a company workspace with an owner email and password. Authentication is managed by Octone.
- You are responsible for safeguarding credentials, for activity under your accounts, and for promptly notifying us of unauthorized access at support@octone.co.
- You must provide accurate registration and billing information and keep it current.
4. Acceptable Use — Voice and Messaging
- You must use voice calling and SMS/MMS in compliance with all applicable laws and industry rules, including the Telephone Consumer Protection Act (TCPA), CTIA messaging principles, carrier and industry guidelines, Do-Not-Call rules, and consent and disclosure requirements in your jurisdictions.
- You are solely responsible for obtaining and documenting any legally required consent before placing calls or sending SMS/MMS, including marketing and automated messages.
- Prohibited uses include, without limitation: illegal robocalling; spam or unsolicited bulk messaging; spoofing or misleading caller ID; phishing or fraud; harassment; transmitting malware; violating export or sanctions laws; or using the Service to facilitate any illegal activity.
- We and our telephony partners may investigate abuse reports, filter or block traffic, reclaim numbers, or suspend service when we reasonably believe these Terms or applicable rules have been violated.
5. Emergency Calling (911)
- Octone is not a substitute for traditional wireline or wireless 911 / emergency services. Unless and until we expressly document a fully supported Enhanced 911 (E911) capability for your tenant, you must not rely on Octone to reach emergency services.
- Always keep an alternate means of contacting emergency services (for example, a traditional mobile or landline phone). Dialing emergency numbers through VoIP may fail, be delayed, or route incorrectly depending on network, device, and location conditions.
- You agree to inform your users and agents of these limitations.
6. Call Recording, Listen-In, and Consent
- Where your plan includes call recording and/or listen-in (coaching) features, you are solely responsible for complying with all notice and consent laws that apply to recording or monitoring calls in every relevant jurisdiction (including two-party consent states).
- You must configure and operate these features lawfully, including providing required disclosures to callers and called parties.
- InstaArch does not provide legal advice on recording or monitoring compliance.
7. Phone Numbers and Carrier Partners
- Telephone numbers and related connectivity are provisioned through our carrier partners, currently including Telnyx, and may be subject to carrier policies, regulatory requirements, and inventory availability.
- Numbers may be reclaimed or suspended for abuse, fraud, non-payment, prolonged inactivity, or carrier/regulatory mandate.
- Number porting is supported only to the extent our partners and applicable processes allow. Porting timelines and eligibility are not guaranteed by InstaArch alone.
- You do not acquire ownership of underlying network facilities. Any rights in numbers are limited to the license and use rights permitted by law, carriers, and these Terms while your account is in good standing.
8. Fees, Billing, and Stripe
- Base plans are billed per tenant on a monthly subscription basis at published rates (currently Starter $49, Team $149, and Business $399 per tenant per month), subject to change for renewals as disclosed at checkout or in-product.
- Payment is processed by Stripe via Stripe Checkout. Subscriptions are paid in advance. Promotional codes may be offered through Stripe when enabled.
- Phone numbers, SMS/MMS, and other usage may incur additional charges purchased or accrued inside the product after signup.
- You may cancel or manage billing through the Stripe customer portal where available. Unless required by law, fees already paid are non-refundable and we do not provide prorated refunds for partial billing periods.
- Taxes may apply. You are responsible for amounts due under your account.
9. Suspension and Enforcement
- We may suspend or limit access immediately if we reasonably believe you have violated these Terms, created security or compliance risk, failed to pay, or if required by a carrier, regulator, or law enforcement request.
- We will attempt to provide notice when practical, but may act without prior notice when needed to protect the Service, users, or the public.
10. Intellectual Property
- Octone, including its software, branding, octopus mark, UI, and documentation, is owned by InstaArch or its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during your paid subscription in accordance with these Terms.
- You retain rights in your content (for example, greetings, recordings you create, and business data you upload), subject to the licenses needed for us to operate the Service.
- You may not reverse engineer, scrape, or resell the Service except as expressly permitted in writing.
11. Confidentiality
- Each party may receive non-public information from the other. Recipients will use that information only to perform under these Terms and will protect it with reasonable care.
- Confidentiality obligations do not apply to information that is public, independently developed, or rightfully received without duty of confidentiality, or that must be disclosed by law (with notice where legally permitted).
12. Disclaimer of Warranties
- THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSTAARCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- We do not warrant uninterrupted, error-free, or carrier-perfect telephony or messaging. Internet and partner network conditions affect quality.
13. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSTAARCH AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.
- OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO INSTAARCH FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.
- Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted.
14. Indemnity
- You will defend, indemnify, and hold harmless InstaArch and its personnel from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your content, your voice/SMS campaigns, alleged consent failures, recording/monitoring practices, or your violation of these Terms or law.
15. Termination
- You may stop using the Service and cancel your subscription as described in the billing portal or by contacting support.
- We may terminate or decline renewal for material breach, prolonged non-payment, abuse, or legal/carrier requirements.
- Upon termination, your right to access the Service ends. We may delete or retain data as described in our Privacy Policy and as required for legal, security, or billing purposes. Number disposition follows Section 7 and carrier rules.
16. Changes to the Service
- We may modify features, plans, pricing for future periods, and integrations. We will provide reasonable notice of material adverse changes to paid customers when practical.
17. Governing Law and Venue
- These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law rules.
- Exclusive venue for disputes lies in the state or federal courts located in California, unless applicable law requires otherwise. You consent to personal jurisdiction there.
18. Miscellaneous
- These Terms, together with the Privacy Policy and any order or checkout terms, are the entire agreement regarding the Service.
- If a provision is unenforceable, the remainder stays in effect. Failure to enforce is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Notices to InstaArch may be sent to support@octone.co.
19. Contact
InstaArch LLC
Email: support@octone.co
Website: https://octone.co
