• “Agreement” means the Master Service Agreement, Terms of Service, or other governing contract between The Telephony Co. and Customer.
• “Company,” “we,” “us,” or “our” means The Telephony Co.
• “Customer,” “you,” or “your” means the entity or individual subscribing to the Services.
• “Services” means the cloud-based telephony, communication, and related services provided by Company under the Agreement.
• “User License” means a subscription for a single individual to access and use the Services.

This FUP applies to all Customers and all Service plans, including but not limited to any plan marketed as “Unlimited.” This FUP is incorporated into and forms a binding part of the Agreement. Your use of the Services constitutes your acceptance of this FUP.

The purpose of this FUP is to ensure the integrity, reliability, and performance of our Services and network for all Customers. It is intended to prevent fraudulent, abusive, improper, or materially excessive use that may degrade, impair, or adversely affect the Services, our network, or the experience of other Customers.

• The Company may choose to charge, halt, ignore or terminate the service of individual customer based on usage and charge and potential of customer if found violating FUP. In determining whether the usage made in any particular case is fair, The Company will use the following factors:
• The purpose and character of the use, including whether such use is of an unethical, drugs, abuse, financial frauds and any other illegal activity.
• The use of the service against the Company in any manner, directly or indirectly, which include reverse engineering, trade secret revealing and also design and feature copying by any other company or individual.
• The use of the service aiming or causing damage to service or impact smooth running of service by either generating unnecessarily access of requests.

4.1 Definition. “Excessive Use” shall be deemed to occur where your usage of the Services:

(a) exceeds the specific usage thresholds applicable to your plan as published by Company (e.g., the minute allocations defined in Section 4.2), or
(b) materially exceeds the usage patterns typical for customers on a similar plan, as reasonably determined by Company.

4.2 Plan-Specific Thresholds. Without limiting the generality of Section 4.1, the following thresholds apply:

• For the “Premium plan in US-Canada, UK and Australia – Unlimited Outgoing Minutes,” Customer is provided with an allocation of two thousand five hundred (2,500) outgoing minutes per User License per full calendar month. The total allocation for all User Licenses is pooled collectively as per the billing cycle i.e., 3 or 6 or 12 months. For example, a Customer with two (2) User Licenses has a pooled allocation of five thousand (5,000) minutes for a full month.
• For the “Enterprise plan in US-Canada, UK and Australia – Unlimited Outgoing Minutes,” Customer is provided with an allocation of four thousand (4,000) outgoing minutes per User License per full calendar month. The total allocation for all User Licenses is pooled collectively as per the billing cycle i.e., 3 or 6 or 12 months. For example, a Customer with two (2) User Licenses has a pooled allocation of eight thousand (8,000) minutes for a full month.

4.3 Illustrative Examples. By way of illustration and not limitation, Excessive Use includes: traffic pumping, using auto-dialers (e.g., for telemarketing without consent), continuous call forwarding, maintaining excessive concurrent sessions, generating abnormal call durations, or any conduct that places a disproportionate burden on network resources.

If we determine you have violated this FUP, we may, at our sole discretion and in proportion to the circumstances, take one or more of the following actions:

(a) Throttle or Cap: Rate-limit, throttle, or cap your usage.
(b) Restrict Features: Restrict specific features, concurrent sessions, or call types.
(c) Require Plan Upgrade: Require you to upgrade your Service plan.
(d) Charge Overage Fees: Bill you for overage charges at our then-current rates for usage exceeding your plan’s allocation.
(e) Suspend or Terminate: Suspend (in whole or in part) or terminate the Agreement for cause.
(f) No Waiver: Our failure to enforce this FUP in one instance does not constitute a waiver of our right to enforce it in another.

If your usage pattern, even if within a stated threshold, adversely affects the network or other Customers, we may require you to upgrade to a more appropriate plan. If you decline a commercially reasonable upgrade, we may suspend the affected Services or terminate the Agreement.

We reserve the right to bill and collect overage charges, surcharges, or other fees attributable to Excessive Use. We may perform subsequent reconciliation of usage data and back-bill for Excessive Use discovered after a billing cycle has closed.

We may revise this FUP from time to time. We will provide notice of material changes via email or by posting an updated policy to our website/customer portal. Your continued use of the Services after the effective date of the changes constitutes acceptance of the revised FUP.

We shall not be liable for any service degradation or unavailability to the extent it is caused by your breach of this FUP or by our good-faith enforcement of this Policy.

The interpretation and application of this FUP will be determined by The Telephony Co. in its reasonable discretion, consistent with the Agreement and applicable law. Examples and thresholds are illustrative and not exhaustive.

In the event of a conflict between this FUP and the Agreement, the terms of the Agreement shall control, except that this FUP shall govern all matters related to usage limits and fair use.