1. The service
eFone provides Voice over IP (VoIP) calling, messaging, phone numbers and related communication features through our apps and website. We may add, change or remove features over time to improve the service.
2. Eligibility and your account
You must be of legal age to enter into a contract in your province or territory to use eFone. You are responsible for the information you provide, for keeping your sign-in credentials secure, and for all activity that occurs under your account. Tell us promptly if you suspect unauthorized use.
3. Plans, billing and renewals
- Paid plans and add-ons are billed in advance on a recurring basis (monthly or as stated at checkout) and renew automatically until cancelled.
- Prices are shown in Canadian dollars unless stated otherwise, and applicable taxes and regulatory fees may be added.
- International calling and certain premium destinations may be charged at the rates published in the app at the time of the call.
- You can cancel at any time; cancellation stops future renewals. Except where required by law, charges already billed are non-refundable.
- If a payment fails, we may suspend or limit paid features until it is resolved.
4. Phone numbers and porting
Phone numbers we assign are licensed to you for use with the service, not sold, and remain subject to numbering rules and availability. You may port eligible numbers in or out subject to the processes and timelines of the underlying carriers. We cannot guarantee that every number is portable. If your account is terminated for non-payment or violation of these Terms, you may lose the associated number(s).
5. Emergency calling (911) — important limitations
eFone’s 911 service works differently from traditional landline 911, and you should not rely on it as your only means of reaching emergency services. Because eFone is an internet-based service, the following limitations apply:
- It depends on power and internet. 911 calling will not work during a power outage, an internet or network outage, or if your device is off or out of battery.
- Location depends on the address you register. Emergency operators receive the service address you have given us, which may not be your actual location when you call. You must keep your registered address accurate and update it whenever you move or use eFone from a different place.
- Routing may differ. Your call may be routed to an emergency relay or a different call centre than a traditional 911 call, which can add time.
- Have a backup. We strongly recommend keeping a mobile phone or traditional line available for emergencies.
By using eFone you acknowledge these limitations and agree to inform anyone who may use your eFone service of them. To the extent permitted by law, we are not liable for any inability to reach emergency services through the VoIP service.
6. Acceptable use
You agree not to use eFone to:
- Break any law, or make fraudulent, harassing, threatening or deceptive calls or messages.
- Send spam, unlawful automated/robocalls, or marketing that violates anti-spam or telemarketing rules (including CASL and CRTC telemarketing rules).
- Engage in toll fraud, traffic pumping, spoofing of caller ID to defraud or harm, or any abuse of the network.
- Resell or wholesale the service without our written agreement, or use it in a way that places an unreasonable load on our network.
- Infringe the rights of others or transmit unlawful, infringing or harmful content.
We may investigate suspected violations and may suspend or terminate accounts that breach this section or that create legal or security risk for us or other users.
7. Fair use
Plans described as “unlimited” are intended for normal personal or business use and are subject to fair-use limits to prevent abuse. We may contact you, apply reasonable limits, or adjust your plan if usage is inconsistent with normal use or indicates fraud.
8. Intellectual property
eFone, its software, and its branding are owned by eFone and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the apps and service while you comply with these Terms. You retain ownership of your own content (such as your voicemails and messages).
9. App stores
If you download eFone from the Apple App Store or Google Play, your use is also subject to that store’s terms, and the store is not responsible for the service.
10. Service availability and disclaimers
We work to keep eFone reliable but do not guarantee uninterrupted or error-free service. Except where prohibited by law, the service is provided “as is” and “as available,” without warranties of any kind. This does not exclude any rights you have under applicable consumer-protection law that cannot be waived.
11. Limitation of liability
To the maximum extent permitted by law, eFone is not liable for indirect, incidental, special or consequential damages, or for lost profits or data, arising from your use of or inability to use the service, including any failure of emergency calling described in Section 5. Where liability cannot be excluded, it is limited to the amount you paid for the service in the three months before the claim.
12. Indemnity
You agree to indemnify and hold harmless eFone from claims, losses and expenses arising out of your misuse of the service or your breach of these Terms or of applicable law.
13. Suspension and termination
You may stop using eFone and close your account at any time. We may suspend or terminate your account if you breach these Terms, fail to pay, or use the service unlawfully or in a way that harms the network or other users. We will give notice where reasonable and practical.
14. Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The courts located in Ontario will have jurisdiction, subject to any mandatory consumer-protection rights in your home province.
15. Changes to these Terms
We may update these Terms from time to time. When we make material changes we will update the “last updated” date above and, where appropriate, notify you. Continuing to use eFone after an update means you accept the revised Terms.