Terms of Service
Note: This document is a good-faith draft pending review by counsel in our operating jurisdiction. The binding terms will be those signed in the Master Services Agreement between you and Wisky.
1. Definitions
"Service" means the voice telecommunications services provided by Wisky, including SIP termination, DID inventory, and hosted PBX tenancy. "Customer" means the entity contracting for the Service. "End User" means any person whose communications are routed through the Service.
2. Scope of Service
Wisky provides the Service as a wholesale telecommunications infrastructure. The Customer is responsible for the Service's integration with the Customer's own telephony systems and for the conduct of all End Users on the Customer's account.
3. Acceptable Use
Use of the Service is subject to our Acceptable Use Policy, which is incorporated by reference. Breach of the AUP is a material breach of these Terms.
4. Customer Obligations
- Provide accurate Know-Your-Business (KYB) information on registration and keep it current.
- Conduct Know-Your-Customer (KYC) on End Users where required by law or by Wisky's policies.
- Use only Calling Line Identification (CLI) for which the Customer or the End User has a documented Right to Use.
- Comply with all applicable telecommunications, consumer protection, anti-spam, and data-protection laws in all jurisdictions where communications originate or terminate.
- Maintain the security of Customer account credentials and SIP authentication secrets; notify Wisky immediately of suspected compromise.
5. Fees and Billing
Fees are set out in the rate sheet provided at onboarding and may be updated with 30 days' prior notice. The Service is provided on a prepaid basis unless postpaid terms have been separately agreed in writing. Invoices are due on the terms stated at issuance. Taxes (including VAT where applicable) are the Customer's responsibility unless otherwise specified.
6. Fraud and Security Controls
Wisky operates fraud detection, velocity caps, and destination blocklists. We reserve the right to pause, rate-limit, or block traffic or accounts that trigger these controls. Customers are responsible for losses incurred as a result of End User behavior, compromised credentials, or breach of the AUP.
7. Service Levels
Target platform availability is 99.95% measured monthly on signaling, excluding scheduled maintenance. Specific service levels, credits, and exclusions are documented in the SLA attached to the MSA.
8. Data Processing
Our processing of personal data on behalf of the Customer is governed by the Data Processing Addendum. Customers processing personal data of EU/UK residents must execute the DPA before the Service is used for such data.
9. Intellectual Property
The Service, portal, and all underlying software are the property of Wisky or its licensors. Customer retains ownership of Customer data and End User data processed through the Service.
10. Limitation of Liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, consequential, or punitive damages. Aggregate liability of Wisky for any claim is limited to the fees paid by the Customer in the twelve months preceding the event giving rise to the claim.
11. Suspension and Termination
Wisky may suspend the Service for breach of the AUP, non-payment, or actions reasonably believed to cause harm to the network, End Users, or third parties. Either party may terminate for material breach that remains uncured 30 days after written notice.
12. Governing Law
These Terms are governed by the law of Wisky's operating jurisdiction, with exclusive jurisdiction of the courts of that jurisdiction, unless otherwise specified in the MSA.
13. Changes
Material changes to these Terms will be notified at least 30 days in advance. Continued use of the Service after the effective date constitutes acceptance.
14. Contact
Questions about these Terms: legal@wisky.com