Terms of Service

1.Who this is between

These terms are between Filantis ("we", "us") and the business or person who creates a Filantis workspace, buys Filantis hardware, or installs Filantis software ("you"). They cover the marketing site at filantis.com, the hosted service, the admin interface, the mobile app, the appliance and the office-server edition.

Our Privacy Statement and Refund Policy form part of this agreement. If you are agreeing on behalf of a company, you confirm you are entitled to bind it.

You must be old enough to enter a contract where you live. Filantis is sold for business use.

2.Your account

• Give us accurate details and keep them current — an out-of-date billing address or contact email is how a renewal becomes a surprise and a security notice goes unread.
• You are responsible for what happens under your account, including what your staff do with it. The sign-in password is also the SIP password, so a shared or weak one is not merely a login risk: it lets someone register a handset and place calls at your expense.
• Tell us promptly if you think an account has been compromised.
• One workspace is one organisation. Reselling access to unrelated businesses out of a single workspace needs a reseller agreement — write to us and we will usually say yes.

3.Acceptable use

You may not use Filantis, or let anyone else use it, to:

• make unsolicited automated or bulk calls, or send unsolicited SMS, in breach of the telemarketing and do-not-call rules that apply where you and the recipient are;
• falsify caller ID to deceive. Presenting a number your business is entitled to present is normal and expected; presenting somebody else's to mislead the person answering is not;
• commit fraud, impersonate anybody, or run any scheme that depends on the person answering being deceived about who is calling;
• harass, threaten or abuse anyone, or transmit unlawful content;
• break into or overload the platform, probe it for weaknesses without our written agreement, or interfere with another customer's service;
• circumvent the limits of your plan, or resell capacity as though it were your own network;
• infringe anyone's intellectual property, or record calls where doing so is unlawful without the notice or consent your jurisdiction requires.

Reporting a security problem to us in good faith is not a breach of this section. Tell us at security@filantis.com and we will work with you.

4.Emergency calls — please read this one

Filantis is an internet-based phone system. Calls to emergency services do not behave the way they do on a traditional landline, and the differences can matter in the worst possible moment.

It is your responsibility to configure emergency dialling correctly for each site, to register accurate address information with your carrier where that is available, and to tell everyone using an extension — staff, contractors, visitors — about the limitations above. We provide the settings; only you know where your people actually are.

To the fullest extent the law allows, we accept no liability for any failure to reach emergency services through the service, or for any outcome of such a failure. Where the law where you are imposes obligations on us in this area, we comply with them and this section does not reduce them.

5.Numbers, trunks and carriers

Filantis is a phone system, not a phone company. It speaks standard SIP and connects to whichever trunk provider you choose. That has three consequences worth stating plainly:

• Your call charges are between you and your carrier. We do not resell minutes and take no cut of what you spend on them.
• Call quality depends on your network and theirs. We are responsible for the system; we cannot be responsible for the internet between it and the person you are speaking to.
• Your numbers stay yours. You can port them away at any time, and you do not need our permission to do so. Start the port before you cancel — see the Refund Policy.

Where we buy a number on your behalf, it remains subject to the rules of the country that issued it, including any requirement that it be used at a registered address.

6.Plans, simultaneous calls and limits

Plans are priced by simultaneous calls — how many conversations can be happening at the same instant — with a generous extension ceiling. Nothing is priced per user; adding staff does not add cost.

The simultaneous-call limit is enforced by the system, not merely stated on the price list. When your plan's calls are all in use, the next call is refused rather than degrading everyone else's audio. Changing plan takes effect immediately.

Storage for recordings and voicemail, and any other numeric limit, are as described for your plan at the time you bought it. If you are consistently at a limit we will tell you rather than silently throttling, and where a usage genuinely threatens the platform we may ask you to move to a plan that fits.

Advertising on free accounts

The free plan is paid for by nobody, and we reserve the right to offset that. We may display advertisements, sponsored messages and promotions of our own products inside the interface of a free workspace, and we may add, change or remove them at any time without notice.

Two limits on that, which we hold ourselves to:

• They are never chosen using your call data. What is shown is not selected from your call records, your contacts, your voicemail or anything said on a call. Section 12 and the Privacy Statement mean what they say, and an advertisement does not become an exception to them.
• They never appear in the call path. No advertisement is played to a caller, inserted into hold music, added to a voicemail greeting or attached to an outgoing message. Your customers hear your phone system, not ours.

Paid plans carry no advertising, and upgrading removes it at once. So does running the software on your own appliance or office server, where there is no interface of ours to place anything in.

7.Prices, payment and tax

• Subscriptions are paid in advance, monthly or yearly, and renew automatically until cancelled.
• Prices are shown in US dollars or Indian rupees. These are separate price lists, not a conversion — we apply no exchange rate, and you are charged in the currency of the payment method you choose.
• Prices exclude tax unless stated. Where we must charge GST, VAT or a sales tax, it is added and shown on the invoice.
• We may change prices with 30 days' notice by email. A change never applies to a period you have already paid for, and you may cancel before it takes effect.
• If a payment fails we retry and tell you. After a reasonable period of non-payment the workspace is suspended, and after that closed — with the notice described in section 16.
• Hardware and professional services are invoiced separately and are due as stated on the invoice.

8.Refunds and cancellation

Governed by the Refund Policy, which forms part of this agreement. In short: the free plan means you never have to pay to evaluate the product; your first payment on a shared cloud plan is refundable in full within 7 days; hardware comes back within 30 days if it is complete and undamaged; and work already performed and third-party charges are not refundable.

A dedicated cloud instance is not refundable at all, including its first payment. It is a machine reserved for you alone and committed from the moment it is created, so there is no cooling-off period on it — you may cancel it so that it does not renew, but the period you have paid for is not returned.

9.Software you run yourself

On the appliance and office-server editions you are running our software on your own hardware. We grant you a non-exclusive, non-transferable licence to use it for your own business, for as long as this agreement lasts, subject to these terms.

You may not:

• redistribute, sublicense, rent or resell the software, or run it as a service for third parties, without a reseller or OEM agreement;
• remove or alter licensing, signature-verification or attribution mechanisms;
• use it beyond the capacity you bought.

You may reverse-engineer it to the extent the law where you are expressly permits and no further. Nothing here restricts your rights under the open-source licences of the components described in section 15.

An appliance is yours once you have bought it and keeps working whether or not you buy support. What lapsing support ends is our obligation to supply updates, security fixes and help — not your ability to run the unit.

Updates are cryptographically signed. Installing modified or unsigned software, or bypassing signature verification, ends any warranty and any support obligation on our side.

10.Changes to the service

We develop this product continuously and will add, change and occasionally retire features. We will not materially reduce what your plan includes during a period you have paid for. Where a feature is retired, we give reasonable notice and, where we sensibly can, a replacement or a way to export what it held.

Hosted maintenance is scheduled outside business hours where possible and announced in advance where it will interrupt service. Urgent security work may have to happen immediately — a security hole left open until a convenient window is a worse outage than the one it avoids.

11.Availability and support

We work to keep the hosted platform available continuously and we monitor it, but we do not offer a contractual uptime guarantee on standard plans. We would rather say so than publish a number we have not committed to underwriting. A dedicated cloud instance or an enterprise agreement can include one — ask.

Support is by email at hello@filantis.com during business hours, for every plan including the free one. We aim to reply within one working day, and faster when phones are down.

We are not responsible for interruptions caused by things outside our control: your internet connection, your local network or power, your carrier's network, your handsets, or events of the kind ordinarily described as force majeure.

12.Your data

Your call records, voicemail, recordings, contacts and configuration remain yours. You grant us only the permission we need to host and operate the system for you — storing it, transmitting it, backing it up — and nothing beyond that. We do not use it to advertise, to build products, or to train models.

If you need anything out of the system, ask before you close an account, while it still exists. When an account closes we aim to hold the data for around 30 days in case the closure was a mistake, and then delete it permanently — but that window is a courtesy, not a guarantee, and we do not undertake to have your data available on any particular day after closure. Full detail is in the Privacy Statement.

You are responsible for the lawfulness of what your system holds — in particular for recording calls only where you may, and for telling your own people and callers what you record and why.

13.Confidentiality

Each side will keep the other's non-public information confidential and use it only to perform this agreement. That covers your configuration and business information on our side, and our non-public pricing, technical detail and security information on yours. It does not cover information that is already public, was already known, or must be disclosed by law.

14.Intellectual property

The Filantis software, interface, documentation, name and logo belong to us. Buying a subscription or an appliance buys the right to use them, not ownership of them.

You may use our name and logo to say truthfully that you use Filantis, or to link to us. You may not register domains containing the name, use it in advertising in a way that suggests you are us, or present yourself as an agent or office of ours — see the referral terms for what partners may do.

If you send us an idea, a bug report or a feature suggestion, we may act on it freely and without owing you anything for it. That is not a claim on your business information — it is so that a good suggestion can simply be built.

15.Third-party software and services

Filantis is built on open-source components, including the Asterisk telephony engine, each under its own licence. Those licences govern those components; nothing in this agreement takes away a right they give you.

The service also touches suppliers you choose — your SIP carrier, your payment method, any CRM or cloud service you connect. We are not responsible for their service, their charges or their terms, and a fault at one of them is not a fault of ours. Links to third-party sites are provided for convenience and are not an endorsement.

16.Suspension and termination

By you

Cancel at any time from the admin interface or by emailing billing@filantis.com. Service runs to the end of the period you have paid for. There is no notice period and no exit fee.

By us

We reserve the right to suspend or withdraw the service from any customer at any time, at our sole discretion, with or without cause. We are not obliged to give a reason, and the situations listed below are examples of when we would use that right, not a limit on it.

• immediately, for a breach of section 3 or 4, for fraud, or where continuing would put the platform or other customers at risk;
• after notice and a reasonable chance to put it right, for non-payment or any other material breach;
• on 60 days' notice if we discontinue the service or the plan you are on;
• at any other time, on reasonable notice where circumstances allow it.

Where we end a paid service without cause — that is, for a reason other than your breach of these terms — we refund the unused part of anything you have paid in advance, calculated pro rata. We do not keep money for a period we have decided not to serve. Where we end it for cause, nothing is refunded (see the Refund Policy).

On closure your right to use the service ends and your data is deleted — normally after around 30 days, but that grace period is not guaranteed and may be shorter. Export it first (section 12). Anything you owe up to the closing date remains payable; sections 12 to 21 survive the end of this agreement.

17.Warranties

We warrant that we will provide the service with reasonable skill and care, and that hardware we sell will be free from manufacturing defects for the warranty period stated on its invoice.

Beyond that, and to the fullest extent the law allows, the service is provided "as is". We do not warrant that it will be uninterrupted or error-free, that every defect will be corrected, or that it is fit for a particular purpose you have not told us about.

Where you deal with us as a consumer, statutory rights you have cannot be excluded and this section does not attempt to exclude them.

18.Limitation of liability

Neither side is liable to the other for indirect or consequential loss — lost profits, lost business, lost goodwill, or the cost of substitute services — however caused, even if the possibility was known.

Our total liability arising out of or in connection with this agreement, for all claims taken together, is limited to the amount you paid us in the twelve months before the event giving rise to the claim.

Nothing in this agreement limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited. Section 4 (emergency calls) sets out separately what we cannot be responsible for there.

19.Indemnity

You will indemnify us against claims, losses and reasonable costs arising from your use of the service in breach of section 3, from calls or messages you or your users send, from content you store on the system, and from your infringement of anyone else's rights. We will tell you promptly about any such claim and let you take conduct of the defence, and we will not settle it without your agreement.

20.Governing law and disputes

This agreement is governed by the laws of India, and the courts of India have jurisdiction over any dispute — without prejudice to any right you have as a consumer to bring proceedings where you live.

Before either side goes to court, please raise the problem with us in writing and give us 30 days to sort it out. Almost everything is resolvable at that stage, and both sides would rather spend the money on the phone system.

21.General

• Entire agreement. These terms, with the Privacy Statement, the Refund Policy and any order form we both sign, are the whole agreement between us and replace anything said beforehand.
• Severability. If a clause is unenforceable, it is narrowed to the extent needed and the rest stands.
• No waiver. Not enforcing a right once does not give it up.
• Assignment. You may not transfer this agreement without our consent, which we will not withhold unreasonably — a genuine sale of your business is the ordinary case. We may transfer it to a company that acquires ours, on the same terms.
• Notices. Ours go to the email address on your account; yours go to the addresses in section 23. Keep your contact details current — a notice sent to a dead address still counts as given.
• No partnership. Nothing here makes either side the other's agent, partner or employee.

22.Changes to these terms

We may update these terms. The date at the top says when they last changed. Material changes are emailed to customers with an active account at least 30 days before they take effect; if you do not accept them, you may cancel before that date and we will refund the unused part of anything you have paid in advance.

Continuing to use the service after a change takes effect means you accept it. A change never applies backwards to something that has already happened.