911/E911 NOTICE AND DISCLOSURE
Dated ______________, 2025
This “Notice” is a material part of the Terms of Service governing smrtPhone’s voice Services, including without limitation any outbound VoIP or multiline telephone system (“MLTS”) products or service (the “Voice Services”). Capitalized terms not otherwise defined herein shall have the meanings attributed to them in the Terms of Service
The customer obtaining the Voice Services (“Customer” or “you”) represents, warrants and agrees that it has read, understood and agrees to these limitations, restrictions and terms applicable to calling 911 using the Voice Services. Customer represents and warrants that it shall provide clear and conspicuous notice, in language substantially similar to that contained in this Addendum, to all of Customer’s employees, agents, contractors, guests, invitees or any other person accessing the Services under Customer’s account (“Users”).
Enhanced 911 Versus Basic or Limited E911.
smrtPhone’s 911 dialing (“911 Dialing”) is different from traditional 911 service. Customers have access to either basic 911 or Enhanced 911 (“E911”) service, depending on the capability of their Public Safety Answering Point (“PSAP”) or other emergency center. smrtPhone and its underlying carriers and service providers (“Vendors”) have no control over, and shall have no responsibility or liability for, the ability of any PSAP or other emergency call center to provide E911, receive or process any 911 call or any information provided with such call, or provide any level of 911 service.
Enhanced E911 Service. With E911 service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary.
Basic and Limited E911 Service. Customers in locations where the emergency center is not equipped to receive, capture, or retain your telephone number and/or address have basic 911 or, to the extent technically feasible, limited E911. With basic 911 or limited E911, the local emergency operator answering the call may not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number, he or she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak.
As additional local emergency centers upgrade to E911 and become capable of receiving all of our customers’ information, smrtPhone will use commercially reasonable efforts to upgrade customers with basic or limited 911 to E911 service. smrtPhone will not give you notice of the upgrade.
By using the Voice Services, you authorize smrtPhone to disclose your telephone number, name, and address to third parties involved with providing 911 Dialing to you, including, without limitation, our Vendors, call routers, PSAPs, and other call centers and local emergency centers.
911 Dialing is Different Than Traditional 911 Service.
You understand and acknowledge, and shall inform all users of, the important differences in and limitations of, smrtPhone’s 911 Dialing as compared with 911 services provided by traditional telephone services. It is your responsibility to provide clear and conspicuous notice to all users of the limitations and restrictions on 911 Dialing contained in this Notice.
Differences between 911 Dialing using the Voice Services and traditional 911/E911 services include the following, along with other limitations and conditions described in this Notice:
You Must Register Your Physical Location.
For each phone line, telephone number, device or seat (each a “Line”) that you utilize with the Voice Services, you must register with smrtPhone the physical location (including validated street address, floor and suite/unit/room number) where you or the User will be using the Voice Services with that Line (the “Registered Location”). You can complete the registration of your initial location by [online portal? App? Other method of registration? Inside smrtPhone Web Application]. It is incumbent on you to confirm the accuracy of your, or the applicable user’s Registered Location. If you or any of your users have any changes to the physical location where you are using a Line, you must update the Registered Location of such Line by accessing the dedicated menu inside smrtPhone web application[method of updating]. If Customer fails to provide an accurate physical address, fails to provide any address at all or fails to update the Registered Location of a Line when such Line is moved to a new location and dials 911, 911 calls will not be routed to the appropriate PSAP or other emergency center.
Outages May Disrupt smrtPhone’s Service and/or E911 Dialing.
Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Voice Services, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the device(s) used with the Voice Services prior to utilizing the Voice Services, including 911 Dialing.
Service Outages Due to Internet Outage or Suspension or Disconnection of Broadband Service or Internet Service Provider (“ISP”) Service. Service outages or suspensions or disconnections of service by the underlying broadband provider or ISP, for any reason including without limitation your failure to timely pay for services, will prevent all smrtPhone Voice Services, including 911 Dialing, from functioning.
Service Outage Due to Disconnection of Your smrtPhone Account. Service outages due to disconnection, termination or temporary suspension of your account for any reason, including without limitation non-payment or violations of our Acceptable Use Policy, will prevent all smrtPhone Voice Services, including 911 Dialing, from functioning.
Service Outages Due to Customer Equipment, ISP or Broadband smrtPhone Blocking of Ports or Other Acts. Your firewall, ISP, broadband provider or other third party may intentionally or inadvertently block the ports over which the Voice Services are provided or otherwise impede the usage of the Voice Services, including 911 Dialing. If you suspect this has happened to you, you should alert us to this situation, and we will work with you to attempt to resolve the issue. During the period that the ports are being blocked or your smrtPhone Services are impeded, the Voice Services, including 911 Dialing, may not function. You acknowledge that smrtPhone is not responsible for the blocking of ports by any firewall or third party or any other impediment to your usage of our Voice Services, and any loss of our Services, including 911 Dialing, which may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the smrtPhone service, you will continue to be responsible for payment for the smrtPhone service charges unless and until you disconnect the smrtPhone’s service in accordance with the terms of Exhibit C to the MSA.
Other Service Outages. If there is a service outage for any reason, such outage will prevent all smrtPhone’ Voice Services, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this policy.
Network Congestion May Reduce Speed of Routing or Answering 911 Dialing Calls.
There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing smrtPhone’s Voice Services as compared to traditional 911 dialing over traditional public telephone networks.
Changes to Your Address or Use of a Non-Native Number May Cause Delays in Assistance.
Changes to your Registered Location as described above require processing, and delays in updating your new address in an applicable automatic location information (ALI) database may impair or restrict the ability of emergency personnel to help you. You should allow at least 12-24 hours for the ALI database to update before your new Registered Location will be available to emergency personnel, where available. In addition, if you move to a location that uses a different area code, exchange or other number system from the telephone number that has been assigned to you, processing your emergency call may be delayed by a local emergency center.
Direct smrtPhone to 9-1-1 Service Required
If you subscribe to a smrtPhone MLTS Voice Service, which includes IP enabled services similar to PBXs, you agree that you will comply with the foregoing requirements. You will be responsible for managing and directing the configuration and operation of any MLTS Voice Service ordered by you. Without limiting the generality of the foregoing, Customer will be responsible for managing its use of the Voice Services and its operation of all equipment and devices used with the Voice Services in accordance with all applicable laws. Customer’s obligations shall include, without limitation, (a) designating one or more administrators who are authorized to order Lines or modifications to the Voice Services, or to reconfigure hardware used with the Services; (b) determining the number of Lines required for Customer’s needs, the assignment and re-assignment of Lines among its Users, and changes in the number, location or other characteristics of Lines required; and (c) the day-to-day operations of the MLTS. Customer acknowledges and agrees that a separate telephone/DID must be purchased and assigned to each device that is capable of or configured to place outbound calls to the public switched telephone network in order for 911 Dialing to function properly for such device. You will also be responsible for designating a phone number, email address or location to which notice of 911 calls placed using your system should be delivered.
Outside the United States. If Customer uses the Service from a location outside the United States, Customer will not be able to use 911 Dialing.
E911 Provisioning Intervals. Provisioning 911 Dialing may take additional time following the activation of the Service, during which time 911/E911 emergency calling may not be available or additional fees may be incurred.
Required Information. In some circumstances, Customer may need to advise emergency service personnel of the nature of the emergency, the Customer’s telephone number, or the Customer’s physical location. If a call is disconnected for any reason, emergency service personnel may not be able to call the caller back, determine the Customer’s physical location, or dispatch emergency personnel to the Customer’s location.
Physical Location. For E911 Service to work properly, the Registered Location in smrtPhone’s records MUST correspond to the physical location from which the User uses the Services. A P.O. Box is not sufficient to use as a physical address. The emergency service dispatcher will only send emergency service personnel to Customer’s or the applicable User’s Registered Location.
Information. Customer will be responsible for accurately providing smrtPhone with all information necessary to ensure the accuracy of each Automatic Location Identification (“ALI”) and Public Safety Answering Position, including, but not limited to, all Direct Inward Dialing (“DID”)/Direct Outward Dialing (“DOD”) numbers, and a correct and valid emergency response address for each DID/DOD number. Further, Customer must furnish all updates of this information to smrtPhone. All of Customer’s information must be accurately provided and provisioned in the Automatic Number Identification (“ANI”) database to provide full 911 service functionality. If a 911 call is made from an invalid, non-provisioned, or improperly provisioned telephone number, the call will not be normally and automatically routed to the correct PSAP and may be routed to the backbone E911 provider’s routing center, or to a national emergency call center. In such event, a per-call charge may be billed to Customer at a rate determined by smrtPhone from time to time. Customer agrees to indemnify, defend, and hold smrtPhone, smrtPhone’s affiliates, and its Vendors harmless from and against any and all claims, liabilities, losses, judgments, damages and expenses, including without limitation attorneys’ fees and costs of litigation, incurred or suffered by such party relating to the failure of Customer to provide smrtPhone with accurate database entries and updates thereto. 911 calls rely on the proper assignment of caller ID and calls that are not properly assigned a provisioned number as a caller ID will result in call failures and/or incurred fees.
E-911 Notification Service. When a 911 call is placed using an MLTS Service, a non- secure plain text notice may be sent to a Customer selected email address or other central location designated by the Customer. Customer must provide and maintain accurate information for the email address or location to which the notification should be sent. The smrtPhone does not guarantee, however, that any such notice will reach the Customer selected email addresses or other location.
Disclaimer of Liability and Indemnification.
smrtPhone does not have any control over whether, or the manner in which, calls using smrtPhone’s 911 Dialing are answered or addressed by any PSAP or other local emergency response center. smrtPhone disclaims any and all responsibility for the conduct of PSAP or local emergency response centers. smrtPhone relies on third parties to assist it in routing 911 Dialing calls and disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. None of smrtPhone, its affiliates, or any of its or their Vendors, partners, shareholders, members, directors, managers, officers, employees or agents may be held liable for any claim, cause of action, damage, loss, liability, expense, cost, fee, charge, or penalty arising out of or related to your use of 911 Dialing, and by using smrtPhone’s Voice Services you hereby waive any and all such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to smrtPhone’s 911 Dialing Service unless such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from smrtPhone’s gross negligence or willful misconduct.
WITHOUT LIMITING THE FOREGOING OR ANY PROVISION OF THE TERMS OF SERVICE, smrtPHONE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, FOR OR REGARDING 911 DIALING, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You shall defend, indemnify, and hold harmless smrtPhone, its affiliates, all of their partners, shareholders, members, directors, managers, officers, employees and agents, and any other service provider who furnishes services to you in connection with smrtPhone’s Voice Services, from any and all claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the smrtPhone’s Voice Service, including 911 Dialing, incorrectly routed 911 Dialing calls, your failure to comply with the terms and limitations in this Notice, your failure to notify any user of the terms and limitations in this Addendum, and/or the inability of any user of smrtPhone’s Voice Services to be able to use 911 Dialing or access emergency service personnel.
You May Want to Make Alternate 911 Arrangements or Choose Not to Use smrtPhone’s Voice Services.
If you are not comfortable with the limitations of the 911 Dialing Service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting smrtPhone’s Voice Services.
