Ooma Office Terms and Conditions

Last Updated: August 1, 2025

These Ooma Office Terms & Conditions (the “Ooma Office Terms”) are between you (“Customer” or “you”) and Ooma, Inc. (“Ooma). These Ooma Office Terms govern your use of Ooma business phone services, including (i) the Ooma Office Base Station, Ooma Connect, Ooma Linx, and any VoIP phones or other telecommunications equipment (collectively, the “Equipment”); and (ii) any Ooma Office business calling software, managed Wi-Fi, internet, or business phone services (“Services”). You agree to the Terms by purchasing, activating or using any Equipment or Services. These Terms, together any other terms incorporated herein, form a binding, written agreement (the “Agreement”) between you and Ooma. By entering into this Agreement, you agree that you have the authority and capacity to enter into this Agreement on behalf of Customer.

1. DISCLAIMERS. AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE SEE SECTION 33 FOR FURTHER INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. PLEASE ALSO REVIEW OOMA’S PRIVACY POLICY, WHICH IS INCORPORATED INTO THIS AGREEMENT AND CONTAINS IMPORTANT INFORMATION REGARDING YOUR PRIVACY RIGHTS. PLEASE ALSO BE AWARE THAT SECTION 28 OF THIS AGREEMENT CONTAINS YOUR CONSENT TO BE CONTACTED BY OOMA FOR SERVICE-RELATED PURPOSES.
2. Emergency Calling. Ooma E911 Service (the “E911 Service”) is a mandatory component of Ooma services and is only available in certain areas. Most End Users have access to either Basic 911 Service or Enhanced 911 Service. E911 Service is different in important ways from traditional landline 911 and wireless 911, depending upon where End Users are located and the device is used. BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO OOMA’S E911 TERMS AND DISCLOSURES. THESE DISCLOSURES CONTAIN IMPORTANT INFORMATION CONCERNING THE CONFIGURATION OF E911 SERVICES AND POSSIBLE CIRCUMSTANCES THAT COULD IMPAIR THE END USER’S ABILITY TO ACCESS E911 SERVICES. PLEASE READ THEM MORE INFORMATION.
3. Connectivity. The Equipment and Services use voice-over IP technology and require an internet or cellular LTE connection, together with an uninterrupted power source, to function properly. In the event of a power outage or the loss, degradation, or termination of your internet or cellular LTE connection, your Equipment or Services will lose function until the applicable outage is restored. You will also lose access to 911 calling, 911 text alerts, home security services, and other critical Services. YOU ACKNOWLEDGE AND AGREE THAT YOU MUST PROVIDE A RELIABLE AND UNINTERRUPTED NETWORK AND POWER CONNECTION TO YOUR EQUIPMENT AT YOUR OWN EXPENSE. OOMA DISCLAIMS ALL LIABILTITY OUT OF THIRD-PARTY NETWORK AND/OR POWER FAILURES, INCLUDING ANY ARISING OUT OF THE FAILURE OF HOME SECURITY SERVICES OR THE FAILURE OF YOUR EQUIPMENT TO MAKE EMERGENCY CALLS.
4. Acceptable Use Policies. You agree that you and your End Users will comply with all law or regulation applicable to your Equipment and Services. You further agree that you and your End Users will comply with Ooma’s Voice and Messaging Terms and Acceptable Use Policy, which are incorporated by reference herein. Ooma may forward communications and account information to the appropriate authorities if required to so by applicable law or if Ooma reasonably suspects you have violated applicable law. Customer agrees to cooperate with Ooma in any commercially reasonable and/or legally required investigation into Customer’s potential breach of applicable law or these Ooma Office Terms, including through cooperating with government investigations or third-party audits required by Ooma. Any governmental determination regarding Customer will be binding on Customer. Customer may be subject to fines or penalties passed through Ooma by governmental authorities, carriers, or other third-parties. It is your sole obligation to ensure any End Users agree to these Ooma Office Terms. “End User” means any user who ultimately users or is intended to use the Equipment or Services, including you, your family members, any invitees to your residence, and any other third parties who use your Equipment or Services, whether or not authorized. Your Equipment and Services are assigned to your phone number only and are non-transferable.
   
5. License. Ooma grants Customer a limited, revocable, non-transferable, non-sublicensable, and non-resalable license and right to use (i) the Equipment and Services; (ii) firmware or software embedded in the Equipment in object code; and (iii) any software, hardware, and/or applications otherwise provided to Customer by Ooma, solely in accordance with this Agreement and solely for reasonable, commercial use.
   
6. Service Plans. Ooma Office Essentials, Pro, and Pro Plus plans include unlimited calling within the United States, Canada, Mexico, and Puerto Rico (the “Territory”). Calling outside the Territory will be billed per minute and directory assistance (e.g. 411) calls will be billed per call. For the purposes of this Agreement and Ooma’s promotional materials, references to “unlimited” calling will be narrowly construed as providing you the ability to place calls within the Territory, subject to the usage limitations set forth in these Ooma Office Terms, up to the life of the Equipment. Once your text usage reaches the monthly allotment attributable to your service plan, you will be charged per text at Ooma’s published rates. Any subscription prices advertised for Ooma Office exclude equipment costs, applicable taxes and fees, shipping and handling, and any optional, add-on Services you purchase. For more information on the taxes, fees, and features applicable to your subscription plan, please see https://www.ooma.ca/legal/rates/, which is incorporated herein, for more information. Your Ooma Office plan is a subscription-based Service and will be provided on a month-to-month basis unless you commit to a fixed and/or minimum service term in a written order document between you and Ooma or between you and an authorized Reseller (“Sales Quote”).
7. Fixed Term-Agreements. If you sign a Sales Quote including a fixed and/or minimum term commitment (“Fixed-Term Engagement” or “FTE”), you must subscribe to Equipment and Services ordered in your Sales Quote plan for the initial term stated therein. Unless otherwise stated on your Sales Quote, your Fixed-Term Engagement will thereafter automatically renew for renewal terms equal in length to your initial term, unless you provide notice of termination in writing no later than 90 days prior to end of your initial term or, if you are in a renewal term, the end of your applicable renewal term. If, during any term of your FTE, you add additional Services, Equipment, or service locations, the amount of your monthly recurring fees will increase beyond those stated on Sales Quote according to Ooma’s then-effective rates and the term for your additional Services, and term of your additional Services will be coterminous with the service term then-in-effect. You may terminate your FTE (i) Ooma’s material breach of this Agreement, if Ooma fails to cure the breach upon 30 days’ notice of the breach; or (ii) for convenience, upon 10 days’ written notice to Ooma, subject to your obligation to pay your Early Termination Fee. Pre-paid fees, including pre-paid rental and subscription fees, are non-refundable. For the purposes of this Agreement, your “Early Termination Fee” is equal to all fees and charges which would otherwise have been due at the end of your current Service, but excludes any taxes and fees accrued after the effective date of your termination. You and Ooma agree that the Early Termination Penalty is a reasonable estimate of Ooma’s anticipated damages from your early termination of a minimum term and is not a penalty.
8. Cellular Service. Ooma Cellular Service provides only 4G LTE or above, and does not support 3G, 2G, or any other connection technology standards. Cellular Service is subject to regional coverage limitations. Please refer to our Coverage Map for estimates of the cellular networks and/or connection protocols available in your service area. Reliable cellular services rely on a variety of circumstances outside of Ooma’s control, including limitations due to your service area, weather, geography, topography, building layout or composition, or internet use patterns or due to network configuration problems, congestion, software, signal strength, or actions of third parties. Ooma disclaims all liability to you arising from any inability of Ooma to provide Cellular Service to your service area or any service refusal, interruption, curtailment, or suspension. We reserve the right to reduce your speed to maintain Ooma’s applicable usage thresholds.
9. Managed Wi-Fi. Ooma’s Managed Wi-Fi^®coverage and capacity may vary based on factors such as types of applications, type and number of clients, usage, your physical or network environment, and network interference. Ooma will make commercially reasonable efforts to configure and manage the Managed Wi-Fi^® service, but does not guarantee a particular level of coverage or capacity. By using your Managed Wi-Fi^® Access Point, you understand and agree that you are collecting data regarding the devices that connect to your network and how your network is being used. By means of the Equipment, you are then transferring that data to Ooma, including data that may contain personally identifiable information of the Wi-Fi^® End Users. It is your responsibility to provide notice to, and obtain any necessary consents from, the Wi-Fi^® End Users regarding the collection, processing, transfer and storage of their personal data. Such information may include, but is not limited to client host name, client MAC address, client IP address, client IPV6 address, client OS name, username, user profile name, and interactions with Internet websites, applications, or advertisements.
10. Ooma Meetings. Certain Service plans include Ooma Meetings or allow you to purchase Ooma Meetings as an add-on service. You are solely responsible for all Content you or your End Users transmit, display, or upload using Ooma Meetings and for complying with all law and regulation applying to the Content and/or your use of videoconferencing services, including all requirements to seek consent prior to recording or transcribing live meetings and/or seek the consent of third-parties prior to transmit, displaying, or uploading Content. You are also responsible for the activities of all hosts and participants who use Ooma Meetings, including maintaining the security of End User identification number and passwords, and assuring that your End Users comply with this Agreement. Ooma Meetings is not a storage service and we reserve the right to delete any Content stored by us at any time, in our sole discretion. Notwithstanding anything to the contrary herein, Ooma Meetings is provided as-is and expressly excluded from any service-level agreement provided to you.
11. Service Location. The individual who registers your Equipment location(s) and will have administrative access to Ooma Office Manager will be the designated administrator of your account (“Administrator”). The Administrator may update your main office location by logging into the online Ooma Office Manager. If you utilize the Ooma Office Multi-Site feature, you must register with Ooma each physical location for each respective user account. Usage and services fees will be based on the location of your main office. You agree and understand it is your responsibility to (i) confirm the accuracy of the physical address for each user account, (ii) instruct each user to notify you each time such user changes its location and remind each user to do so at least once per month, and (iii) to make any changes or additions needed for each user account. If you are assigned a user account, it is your responsibility to notify the Administrator of any changes or inaccuracies to the physical address associated with your user account. IF YOUR OR ANY END USER MOVES ANY EQUIPMENT TO ANOTHER LOCATION, YOU MUST ASSURE THAT THE ADMINISTRATOR UPDATES THE PHYSICAL ADDRESS OF THE MOVED EQUIPMENT IN ORDER TO ENSURE PROPER 911 DIALING FUNCTION. IF THE ADMINISTRATOR DOES NOT UPDATE THE LOCATION, ANY 911 CALLS YOU OR YOUR USERS MAKE MAY BE ROUTED TO AN EMERGENCY CENTER NEAR THE OLD ADDRESS AND MAY RESULT IN HELP BEING SENT TO THE WRONG LOCATION. In addition, if you are assigned a user account, you acknowledge that emergency service personnel may call back to the main office number or another number at the same location which the Administrator has designated as the contact number in case of emergency, instead of calling back directly to the number from which an emergency call was made.
12. Payment Method. To purchase or rent Equipment and Services, you must provide us with a valid-email address and credit card number from an Ooma-approved issuer, and billing address (“Payment Information”). Ooma does not represent or warrant that it accepts or will continue to accept your preferred issuer. By submitting Payment Information, you authorize us to charge your selected payment method for all applicable fees, taxes, and charges associated with the Equipment and Services. You further agree that we do not need to seek any additional authorizations from you for any recurring charges or automatic billing or to update your Payment Information if new account information is provided to Ooma directly by a card issuer or third-party vendor. You also agree to keep your Payment Information accurate and up-to-date, including by notifying Ooma promptly if any of your accounts are expired, closed, or cancelled. Your failure to do so may result in account termination. Ooma reserves the right to immediately terminate your account if you put a stop payment on your account with a third-party financial institution or if your account is subject to fraud, hacking, or other misuse.
13. Taxes and Fees. You must pay all taxes or fees appliable to your Equipment or Services, including any applicable (i) activation, data, usage, or international calling charges; (ii) service charges for add-on subscriptions or advanced features; (iii) rental fees (iv) e911, 911, or 988 fees; (v) regulatory compliance fees; (vi) Federal Universal Service Fees; (vii) federal, state, and local taxes; (viii) reconnection fees; and/or (ix) shipping and handling. Tax and fee rates are subject to change at Ooma’s discretion or if required by applicable law or regulation. The amounts of such taxes and fees will be posted to Ooma’s website, including at https://www.ooma.ca/office/rental/ (rental fees) and https://www.ooma.ca/legal/rates/ (service rates), which are incorporated by reference into this Agreement and subject to change. Your failure to pay applicable taxes and fees may result in immediate suspension or termination of your account. If you incur charges for collect calls or any other third-party service billed against your Ooma number, Ooma will charge you the cost of the call or service as determined by the applicable billing party, plus an added service charge calculated as a percentage of the billing party amount.
14. Termination. termination requests must be directed to Ooma’s Customer Care Department as directed on our website. Your request will be deemed given after a minimum processing period of five (5) business days. Your termination will not become effective until the end of your current billing period, such as the end of the month for month-to-month subscriptions or the end of your minimum term for Services sold subject minimum service term requirements. You will remain liable for any taxes or fees incurred by you prior to the effective date of termination. Some Services, including rental services, may be subject to an early termination fee. Ooma does not provide refunds for pre-paid or unused services. You agree to indemnify Ooma for any and all costs we incur to collect due and unpaid amounts from you. The phone number assigned to your account may be re-assigned if your Services are terminated under this Agreement. Please see Ooma’s Voice and Messaging Terms for more information about number transfers. We reserve the right to charge your credit or debit card liquidated damages of up to $500 if you attempt to transfer your phone number without Ooma’s consent, without paying your applicable number transfer fee, or without complying with Ooma’s pre-requisites for number transfers.
    
15. Prepaid Services. International and directory calling Services require a minimum pre-payment prior to use. Your international or directory calls and any applicable taxes and fees will then be charged against the pre-paid balance until it is exhausted. Upon exhaustion of your pre-paid balance, you will no longer be able to continue to make calls until you post an additional pre-payment.
16. Late Payment. Ooma reserves the right to apply a late-payment charge to any past-due amounts you owe to Ooma, at the lower of 1.5% per month of the past due amount, or the maximum rate allowable by law. Ooma’s acceptance of late or partial payments will not be deemed a waiver of Ooma’s right to collect full payment and any applicable late fees. If any charge cannot be processed using your Payment Information, Ooma reserves the right to charge a processing fee of $15, or the maximum allowable by applicable law, whichever is lower.
17. Billing Disputes. If you dispute any charges from Ooma, you must notify Ooma in writing within 30 days’ after you received notice of the applicable charge (or within any greater period required by applicable law). You agree that your failure to provide Ooma with such notice shall constitute a waiver of any right to dispute your charge and your consent to the applicable charge. Notice must be made to Ooma, Inc., c/o Billing Department, 525 Almanor Ave., Suite 200, Sunnyvale, CA 94085, or customeradvocate@ooma.com.
18. Resellers. you have purchase or rent Equipment or Services through, and make payment to, a third-party authorized by Ooma, such as a retailer, partner, distributor, wholesaler, or other authorized reseller (“Reseller”), the payment terms of your applicable Reseller will control in the event of a conflict with Sections 9-14 of these Ooma Office Terms.
19. Termination by Ooma. Ooma reserves the right to modify or terminate Services or your use Equipment, at any time and without notice to you, if (i) any charge made to your credit or debit card is declined or reversed; (ii) your credit or debit card expires and you do not provide us with a valid replacement; (iii) you otherwise fail to pay any applicable taxes, fees, or charges; (iv) you attempt to use stolen payment information, as reasonably determined by Ooma; (v) we determine that you or any End User has violated these Ooma Office Terms; (vi) Ooma’s relationship with any necessary third-party provider is terminated, expires, or is not renewed. We may also terminate any element of your Services (except your use of Equipment for unused calling) for convenience by providing you with 10 days’ notices.
20. Equipment Rentals. Customer shall maintain and repair any leased or rented Equipment (“Rental Equipment”) at its own expense and bears any risk of loss, damage, or theft, including lost shipments. Customer must immediately notify Ooma if Rental Equipment is lost, damaged, or stolen, and will bear the cost of replacement plus $50 if: (i) Rental Equipment is lost, damaged, or stolen; (ii) Customer (or End User) fails to promptly return Rental Equipment when due; or (iii) Customer is in default of any payment obligations. Ooma reserves the right to take possession of Rental Equipment if Customer is in material breach of this Agreement, without demand or legal process, and Customer hereby waives any damages occasioned by such repossession, including those caused by any third-party providers. Customer’s rental constitutes a true lease under the UCC and not a sale of equipment subject to a security interest. Ooma is entitled to all deductions, credits, or other tax benefits provided by applicable law to the owner of property and Customer must not take any action that would result in Ooma’s disqualification for such benefits. Rental Equipment shall be personal property and not a fixture under applicable law, even if attached to real property or any improvements.
21. Refunds. Equipment purchased from Ooma may be returned for a refund within 30 days of your purchase, provided that you: (i) obtain a valid return authorization number from our customer care department prior to returning the Equipment to us by calling 888-711-6662; (ii) terminate your Ooma account within the same 30-day time period; (iii) return the Equipment no later than 14 days after you terminate your Ooma account, in original condition, together with all parts and accessories; (iv) provide proof of purchase of the Equipment; and (v) pay all costs of shipping the Equipment back to Ooma and any other applicable return charges. You may only return Equipment once. You may not return Equipment purchased from a Reseller back to Ooma. Returns to Resellers are subject to the return policies of your Reseller. If you rent your Equipment and you terminate your Service for any reason within 12 months from the date you commenced the rental, (i) you will be charged a return charge at the rates published on our website at https://www.ooma.ca/office/rental/; and (ii) you will be charged an additional, one-time fee of $50 per item of Equipment if you fail to return rental Equipment within 14 days of your termination request.
22. Risk of Loss; Lost, Damaged, or Stolen Equipment. Title and risk of loss with respect to any Equipment shipped to you by Ooma will shift to you upon tender of the Equipment to Ooma’s designated carrier and remain with you until such time that it is returned to Ooma in accordance with these Terms. You will need to purchase or rent new Equipment if Equipment, or any third-party equipment necessary for the installation or operation of Equipment, becomes lost, damaged, or stolen. Customer shall notify Ooma immediately if Equipment or Services provided by Ooma is stolen or used in an unauthorized manner. Failure to do so may result in termination of this Agreement or additional charges. Customer shall be solely liable for all costs and damages arising to the unauthorized use of the Equipment and Services, including attorneys’ fees. Ooma reserves all rights to proceed against unauthorized use of the Equipment and Services.
23. Limited Warranty. Ooma provides a limited warranty for manufacturing defects, for rented or purchased Equipment, for a period of 1 year from the date of purchase or rental (“Limited Warranty”). The Limited Warranty applies only to Equipment purchased or rented from Ooma or an authorized Reseller. The Limited Warranty does not apply to any defect other than a manufacturing defect, and excludes any defects caused by damage in transit, damage by a Reseller, damage from dropping, abuse, water damage, power surge, electrical failure, customer handling, or any other third-party cause. Your sole remedy for any breach of the Limited Warranty is receive a repaired or replaced piece of Equipment. You must include with your return a written request for a warranty repair or replacement and a written description of the nature of the applicable defect. Ooma’s Limited Warranty does not include the cost of shipping. This section sets forth your sole remedy and Ooma’s entire remedy for any Equipment defects and/or failures. Only Customer is authorized to exercise rights under this paragraph.
24. Warranty Procedure. To request equipment repair or replacement under your Limited Warranty, contact Ooma Customer Support at 1-888-711-6662. You will be required to provide a valid credit card. Ooma will ship replacement Equipment along with a shipping label to return the damaged or broken Equipment. You must return the damaged or broken Equipment within 14 days of receipt of the replacement Equipment or the credit card on file will be charged. Should Ooma determine that the damaged or broken Equipment is not covered under the terms of this paragraph, the customer will have 14 days to return the replacement Equipment or the credit card on file will be charged for the full retail price of the replacement Equipment plus any associated taxes, shipping and handling fees. If you received your Equipment from a Reseller, you may be instructed to follow the Reseller’s procedures for replacement Equipment.
    
25. Third-Party Providers. Equipment and Services require the ability to transmit data through public and private third-party networks and carriers and/or may be used together with products and services from third-party providers pursuant to any terms that such providers may require. Your use of third-party networks or service providers is at your own risk. Ooma has no obligation to provide customer support for any third-party products and services and provides no representation or warrant that your Equipment or Services will be compatible with any third-party services. You are not contracting with any of Ooma’s third-party providers, and you are not a third-party beneficiary of any contracts between Ooma and any third-party. Ooma’s third-party providers make no representation or warranty to you regarding their services or products, and shall have no legal, equitable, or other of any kind to you. Customer and its End Users must comply with any terms and conditions of any applicable third-party provider, including any common carrier, network provider, or internet provider.
26. Security. maintains commercially reasonable administrative, technical and physical security measures and safeguards designed to protect the confidentiality and security of your personal information. However, internet and LTE networks are not 100% secure and are vulnerable to hacking, fraud, and other misuse. Ooma does not represent or warrant the security of any information or Content you transmit to us and that your Content will not be accessed, disclosed, altered, or destroyed by breach of any our security safeguards. Customer is responsible for implementing and maintaining appropriate security measures for devices and network environments that access the Equipment or Services. In the event of a security breach affecting Ooma systems, Ooma will notify Customer as required by applicable law.
27. Data Privacy. Ooma employs commercially reasonable efforts to minimize the risk of any loss in privacy when using the Services. However, Ooma cannot guarantee that your communications are completely secure, including those using the public internet or third-party networks. It is each Customer and End User’s responsibility to protect the security of their personal information, login information, Content and unique identifiers (including associated passwords). Please refer to our Privacy Policy, which is incorporated by reference herein, for additional information. By entering into these Ooma Office Terms, you agree to comply with all law or regulation applicable to the Equipment and Services, including all applicable notice and consent requirements applicable to the recording or sharing of video or audio Content. As used herein, “Content” means any communications, messages, data, text, media, or other information transmitted, stored, or processed through the Equipment or Services. In order to customize products and services, manage connection speeds, or comply with applicable law or regulation, Ooma reserves the right to store, analyze, use, and publicly disclose aggregated information regarding customer product use, including information regarding calling destinations and patterns or online activity.
28. Health Information. It is each End User’s sole obligation to ensure its use of the Equipment and Services comply with applicable law or regulation, including those regarding “protected health information” (“PHI”) such as the Health Insurance Portability and Accountability Act and Health Information Technology for Economic and Clinical Health Act. Customer shall not use the Equipment and Services to transmit PHI unless otherwise agreed in writing between Customer and Ooma. OOMA DOES NOT REPRESENT AND WARRANT THAT END USER’S USE OF THE EQUIPMENT OR SERVICES WILL RENDER END USER OR ANY PARTY COMPLIANT WITH ANY LAW OR REGULATION AND EXPRESSLY DISCLAIMS ANY TO CUSTOMER ARISING FROM ANY LAW OR REGULATION CONCERNING PHI.
29. Intellectual Property. The Equipment and Services, together with any information packaged within your Equipment and Services or communicated to you on our website, are the intellectual property of Ooma and protected by trademark, copyright, and other intellectual property laws. Nothing in this Agreement grants you (i) the right or license to use Ooma’s name, service marks, trademarks, trade names, logos, or domain names, which shall at all time remain property of Ooma; (ii) any proprietary right in any MSISDN assigned to you, unless required by applicable law and then only to the extent necessary; or (iii) any other proprietary rights in the Equipment or Services. You may not sell, rent, lease, or otherwise distribute Ooma Equipment or Services to third parties without Ooma’s express written consent.
    
30. Consent to Be Contacted. Customer and End User consent to be contacted by Ooma or third-parties designated by Ooma for any purposes arising out of Ooma’s service offerings, at any telephone number or other address Customer provides. Ooma may contact Customer or End User in any way, including through automated messaging, and in any form, including SMS text messages, emails, and prerecorded calls. An agent or representative may leave a message. Customer and End Users warrant and represent that the End User telephone numbers and other addresses provided to Ooma are correct and that they are permitted to receive calls at each of the telephone numbers they have provided. Customer will promptly alert Ooma if it or its End Users stops using or change a particular telephone number or other address. Ooma may listen to and/or record phone calls between Customer and/or End Users and Ooma representatives for training, quality monitoring, or other purposes without further notice to you. Ooma may provide third-party providers with information related to Customer’s or End Users’ accounts, including without limitation Customer’s or End User’s name, phone number, physical and electronic address, rate plan information, and other customer proprietary network information (“CPNI”) in order for such third-party providers to (i) provide certain of the Services to you and/or End Users, (ii) contact you with respect to the Services, including customer satisfaction surveys, (iii) investigate abuse, fraud, illegal activity, or program compliance, and (iv) alert you or End Users to offers from such third-party providers of additional services, products or offers. CPNI includes information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a telecommunications service. Customer and End Users affirmatively consent to and authorize this use of CPNI by Ooma and its third-party providers. Customer and End Users have the right to withhold authorization of this disclosure and use of their CPNI without affecting the provision of any service(s) to which they currently subscribe. Customer’s and End Users’ CPNI authorization is effective until revoked. Customer and End Users may terminate CPNI authorization from Ooma at any time by contacting Ooma customer support.
31. Limitations. does not represent that its Equipment or Services will meet the End User’s requirements or be error-free. Proper functioning is dependent on several factors outside of Ooma’s control, including the transmission of data through End User’s Wi-Fi® network, enabled wireless device, and broadband internet access or optional cellular backup, for which neither Ooma nor any carrier is responsible. Access may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of access, environmental conditions, interference, non-payment of fees or charges, unavailability of radio channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of an emergency (collectively, “Service Interruptions”). Service Interruptions may occur without prior notice or result in the Services being unreliable or unavailable. Ooma will expend commercially reasonable efforts to minimize service disruptions but does not offer service credits, refunds, or any other form compensation for interruptions of Service or Equipment failures. YOU UNDERSTAND THAT THE EQUIPMENT AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. FURTHER, YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL OOMA DISPATCH EMERGENCY SERVICES TO YOUR HOME IN THE EVENT OF AN EMERGENCY.
    
32. Indemnity by You. Customer and End User agree to defend, indemnify and hold harmless Ooma and its officers, directors, employees, affiliates, agents, assigns, and any other service providers who furnish services to Ooma or Customer in connection with the use of the Ooma Equipment and Services, against any third-party Losses arising out of: (i) any act or omission of Customer or any End Users; (ii) Customer’s breach of this Agreement or End User’s breach of the applicable provisions of this Agreement; (iii) your Content; (iv) any claim by an invitee of Customer or End Users other than a claim based on the gross negligence or willful misconduct of Ooma; (iv) any claims for infringement of any intellectual property rights arising from or in connection with the Customer’s or End User’s use of the Equipment or Services, (v) violation of any applicable law or regulation by Customer or End Users; and (vi) any Equipment or Service outage, failure, or disconnection, or other service failures, including any inability of Customer or any End User to be able to call 911 or access emergency services.
33. LIMITATION ON LIABILITY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE EQUIPMENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS. ASIDE FROM THE LIMITED WARRANTY, OOMA DOES NOT MAKE, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. IN NO EVENT SHALL ANY PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF BUSINESS, LOST PROFITS, OR LOST REVENUE, HOWEVER CAUSED AND REGARDLESS OF THE THEORY UNDER WHICH THEY ARE SOUGHT, REGARDLESS OF WHETHER ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL OOMA BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR CUSTOMER’S OR END USER’S ACCOUNT(S). OOMA FURTHER DISCLAIMS ALL RES ARISING OUT OF CUSTOMER’S OR END USER’S FAILURE TO (A) CORRECTLY INSTALL OR CONFIGURE EQUIPMENT; (B) TEST THE COMPATIBILITY, FUNCTION, OR RANGE OF THE EQUIPMENT AND SERVICES, (C) CHARGE THE EQUIPMENT, (D) INSTALL, CONFIGURE, MAINTAIN, OR OPERATE THE EQUIPMENT IN COMPLIANCE WITH APPLICABLE REQUIREMENTS, (E) PROVIDE BACKUP POWER, INTERNET, OR CELLULAR SERVICE, OR (F) ABSTAIN FROM UNINTENDED USE OF THE EQUIPMENT OR SERVICES. OOMA SHALL HAVE NO LIABLITY WHATSOEVER FOR ANY DAMAGES RESULTING FROM ANY ACT OR OMISSION OF CUSTOMER OR ITS END USERS; ANY LOSS OF POWER OR OTHER NECESSARY UTILITY; ANY EQUIPMENT, NETWORK, OR FACILITY FAILURE; AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR, OR OTHER THIRD PARTY; OR ANY OTHER CAUSE THAT IS BEYOND OOMA’S REASONABLE CONTROL. OOMA’S AGGREGATE FOR DAMAGES HEREUNDER, INCLUDING ACTS OR OMISSIONS RELATED TO THE SERVICES OR 911 DIALING, SHALL NOT EXCEED THE FEES PAID BY CUSTOMER TO OOMA IN THE MONTH PRECEDING THE CLAIM AT ISSUE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE CLAIM.
34. Governing Law. This Agreement is governed by the laws of California without regard to its conflict of law provisions. Any court proceeding to enforce an arbitration award or otherwise permissible herein shall be brought in Santa Clara County, California. Customer submits to the personal, exclusive jurisdiction of such courts and waives any objection as to venue or inconvenient forum.
35. Mandatory Binding Arbitration; Waiver of Jury Trial. Any dispute, claim, or controversy arising out of this Agreement, or its interpretation or validity, including the scope or applicability of this arbitration clause, shall first be subject to a 60-day negotiation period between You and Ooma without resort to litigation, and thereafter be submitted to arbitration in Santa Clara County, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and the Expedited Procedures within those Rules. Each party will be responsible for paying its own filing, administrative, and arbitrator fees. The arbitrator’s award shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Judgment may be entered in any court having jurisdiction. Notwithstanding anything to the contrary in this arbitration clause, if you are a consumer, as defined by JAMS, the JAMS Consumer Minimum Standards of Procedural Fairness shall control in the event of a conflict with this clause. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Customer and Ooma further agree that each may bring suit in court to enjoin a breach of confidentiality or infringement of intellectual property rights. No action against either party arising out of this Agreement may be brought by the other party more than one year after the cause of action has arisen. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS OOMA AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND OOMA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
36. Modifications. Unless otherwise prohibited by applicable law, Ooma reserves the right to change this Agreement or any other terms and conditions, with or without notice. Changes may include feature, price, fee, or rate changes, new or modified policies, and new usage limits. Ooma may also, without prior notice, discontinue features of the Equipment or Services. To the extent notice is provided, it may appear on Ooma’s website, in a notice to you, or in another form chosen by Ooma. Modifications will become effective and will be deemed accepted by Customer or End User upon Customer’s or End User’s continued use of the affected services. Ooma may also, at its sole discretion, provide updates or upgrades to its firmware, software or applications, including remote changes. Ooma reserves the right to discontinue or replace Services or Equipment that have reached end-of-life
37. Force Majeure. Neither party will be liable for any failure or delay in its performance under this Agreement (except for any obligations to make payments) due to a Force Majeure. “Force Majeure” means any cause beyond a party’s reasonable control, including natural disasters, governmental orders or actions, war, terrorism, pandemic, labor disputes, cyber-attacks, network or facility failure, or any act or omission of any underlying carrier, service provider, vendor, or third party, including blocking of ports by a high-speed internet service provider. An event will not qualify as a Force Majeure if the delayed party fails to give the other party commercially reasonable notice of the delay or fails to use commercially reasonable efforts to correct the failure or delay.
38. Assignment; Third Parties. Customer may not assign its rights or delegate its duties under the Agreement without Ooma’s written consent. Ooma may assign this agreement and any of its rights obligations hereunder. Ooma reserves the right to subcontract any work, obligations or other performance required of Ooma under this Agreement without prior notice. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship. Ooma’s officers, directors, employees, affiliates, agents, assigns, service providers, and any of their respective directors, officers, shareholders, members, employees, affiliates, agents and assigns, are intended to be and are considered third-party beneficiaries of this Agreement. Otherwise, no provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, , reimbursement, or cause of action, or creates any other third-party rights.
39. Interpretation and Construction. No waiver or proposed modification or amendment to any provision of this Agreement shall be effective unless agreed in writing between Customer and Ooma. Neither party’s failure to enforce any right afforded to it under this Agreement shall be a waiver of that right. This Agreement, together with any incorporated exhibits, agreements, and terms of service represent the entire agreement of Ooma and Customer respecting, and supersede all prior written and/or oral communications regarding, the subject matter of this Agreement. This Agreement expressly excludes any additional terms that Customer may present to Ooma in any form, including those located in a Customer purchase order or other Customer-generated document. If any portion of this Agreement is ruled unenforceable by a judicial body, all remaining provisions shall be unaffected, and this Agreement will continue in full force and effect. Any term of this Agreement that by its nature is intended to survive termination shall survive termination of this Agreement. Any singular term in this Agreement includes the plural, and vice versa. As used herein, “include,” “includes” or “including” mean “including without limitation.”
    
40. Notices. By entering into this Agreement, you agree to maintain your name, contact information, service address, and all other information related to your Ooma account correct and up-to-date. You further consent to receive account notices to your designated e-mail or residential address. Notices to Ooma will be deemed given personally if delivered by e-mail to customeradvocate@ooma.com, or on the third day after mailing to Ooma, Inc., c/o Billing Department, 525 Almanor Ave., Suite 200, Sunnyvale, CA 94085.
41. English Language. With the exception of customers in Quebec, the parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language only. À l’exception des clients du Québec, les parties aux présentes confirment leur volonté expresse que cette convention, de même que tous les documents s’y rattachant, y compris tous avis, annexes et autorisations s’y rattachant, soint rédigés en langue anglaise seulement.