Terms and Conditions
Effective Date: March 2026
This Agreement governs your use of NEMERALD TECHNOLOGIES services (“Service(s)”), such as NEMERALD TECHNOLOGIES Office, NEMERALD TECHNOLOGIES Fax, the NEMERALD TECHNOLOGIES Website, and software applications (“Applications”).
This Agreement is between NEMERALD TECHNOLOGIES LLC and its affiliates (“NEMERALD TECHNOLOGIES”) and the legal entity you represent by signing up for any Service, using the Service, or downloading, installing, or using any Application (“You”). If You are an individual entering this Agreement on behalf of Your company, You represent and warrant that You have the authority and are competent to do so.
By using any NEMERALD TECHNOLOGIES services, you agree to abide by and comply with this agreement. Please read these terms carefully. They affect your legal rights by requiring mandatory arbitration of disputes, charging early termination fees, and limiting NEMERALD TECHNOLOGIES’s liability.
1. License & Intellectual Property
Grant of License
NEMERALD TECHNOLOGIES grants You a limited, personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable, non-resellable license and right to use the Services and Applications in strict accordance with this Agreement. All rights not expressly granted are retained by NEMERALD TECHNOLOGIES.
Intellectual Property Rights
You acknowledge and agree that any and all patents, copyrights, trademarks, service marks, trade secrets, and all other intellectual property rights (collectively, “IP Rights”) in the Applications and Services are and shall remain the sole and exclusive property of NEMERALD TECHNOLOGIES and its licensors. You will not take any action to jeopardize, limit, or interfere with the IP Rights.
No Resale or Modification
You agree not to sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Services without our prior written consent. You agree not to undertake, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Applications, Services, or Equipment.
2. Registration & Acceptable Use
Upon signing up for the Service, You agree to provide true, accurate, current, and complete personal/business name, billing address, shipping address, 911 registered address for each device, email, and credit card information (“Registration Data”). You are solely liable for any transactions or activities by You or anyone else that occur on Your Account.
Prohibited Uses
You shall not use the Services for any illegal, fraudulent, improper, or abusive purpose. Prohibited uses include, but are not limited to:
- Behavior that is illegal, obscene, threatening, harassing, defamatory, deceptive, fraudulent, or malicious.
- Sending unsolicited messages or advertisements (“spamming”), or bulk/junk email, voice mail, SMS, or faxes.
- Creating a false Caller ID identity (“ID spoofing”) or attempting to mislead others as to the origin of a communication.
- Utilizing the Services in excess of normal business use, including allowing more than one user to use a single VoIP line.
- Auto-dialing, predictive dialing, or trunking/forwarding your number to a PBX or key system on unlimited plans.
- Using the Applications or Services to store or transmit Protected Health Information (PHI) without activating the HIPAA conduit setting.
Fair Use Policy
NEMERALD TECHNOLOGIES’s business service plans and features are for normal, reasonable business use. We reserve the right to review usage of unlimited usage plans. If we determine your usage is abusive (e.g., continuous connectivity, iterative dialing, fax blasting), we may immediately suspend your Service or transfer your service to a metered plan with applicable overage rates (at least $0.06 per minute/page).
3. Billing, Terms, & Cancellation
Automatic Renewals
The Term for all Service plans will renew automatically for successive Terms of the same length without further action by You, unless You notify us of non-renewal at least thirty (30) days before the end of the current Term.
Late Payments
Failure to pay in full within 30 days will result in immediate account suspension. Reactivation requires the balance paid in full plus a $35 reconnection fee. Late fees of $30 or 5% per month may apply.
Early Termination
If Customer terminates the Agreement before the end of the Initial Term or any Renewal Term, NEMERALD TECHNOLOGIES will charge an early termination charge equal to 100% of the Monthly Service Fee for the terminated Service(s) multiplied by the number of months remaining in the term.
How to Cancel Services
Either party may terminate the Agreement upon thirty (30) days’ notice. You must cancel services through two steps: (i) contact Customer Care by telephone during normal business hours AND (ii) send a cancellation request to billing@nemerald.com. We will not accept cancellation via fax, SMS, or other methods.
NEMERALD TECHNOLOGIES does not refund in whole or in part, or issue credits for any charges already billed to your account.
4. Equipment & Number Porting
Equipment Returns: If You cancel Your Service within ninety (90) days from the date of hardware purchase, You may return the hardware for a full refund (shipping paid by you), provided it is fully functional and includes all original components. Missing or damaged items may incur a $30 fee per item. No returns are accepted after 90 days.
Number Porting: We will use reasonable efforts to facilitate number transfers. However, number porting depends on the cooperation of third parties outside of our control. We are not liable for the failure or delay of any third party to cooperate in porting.
Release of Numbers: In the event of any account termination or cancellation, all telephone numbers associated with your account may be released. It is your responsibility to work with a third-party provider to port out numbers prior to termination.
5. Emergency Services & 911 Dialing
NEMERALD TECHNOLOGIES 911 dialing service operates differently than traditional 911. You are advised to maintain an alternative means of accessing traditional 911 services, such as a cellular phone.
- Location Registration: Because Your address does not necessarily correspond with Your telephone number, You must provide NEMERALD TECHNOLOGIES with the exact street address where You will be using the Service (“Registered Location”). If you move your equipment, you must update this address immediately, or emergency personnel may be dispatched to the wrong location.
- Internet & Power Outages: If your broadband connection fails or there is an electrical power outage, your VoIP service (including 911 capabilities) will not function until power and connectivity are restored.
- Network Congestion: 911 calls made via VoIP may be routed to a general telephone number for the local emergency service provider rather than a dedicated 911 dispatcher, which may result in longer answer times or busy signals.
- E911 Service Fee: Customers required to subscribe to E911 service will be subject to a monthly E911 Service Fee to reimburse direct costs incurred by NEMERALD TECHNOLOGIES in providing automatic location information and maintaining databases.
You agree to defend, indemnify, and hold harmless NEMERALD TECHNOLOGIES and its affiliates from any claims, losses, or damages arising out of your failure to correctly activate 911 calling or update your Registered Location.
6. Warranties & Limitation of Liability
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEMERALD TECHNOLOGIES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEMERALD TECHNOLOGIES makes no warranty on up-time, response times, latency, mean-time between failures, or quality of voice/fax communications.
Limitation of Liability
IN NO EVENT SHALL NEMERALD TECHNOLOGIES BE LIABLE FOR SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT, OR ANY OTHER THEORY OF LIABILITY. NEMERALD TECHNOLOGIES’s total liability for any and all damages shall be limited and capped in their entirety to the monthly fees charged to you during the one (1) month immediately prior to the date the claim first occurred.
7. Dispute Resolution & Arbitration
In the event of any dispute, claim, question, or disagreement, You and NEMERALD TECHNOLOGIES shall first use reasonable best efforts to settle the dispute through good-faith consultation and negotiation.
You agree that any Disputes shall be adjudicated in the state and federal courts of the State of California, U.S.A. Venue shall be the Superior Court of California, County of Los Angeles. This Agreement shall be governed by and construed under the laws of the State of California.
Optional Arbitration & Class Action Waiver
For any Disputes involving $10,000 or less, either party may choose to resolve such Dispute through binding, non-appearance-based arbitration.
YOU AND NEMERALD TECHNOLOGIES AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. By entering into this agreement, you waive the right to a trial by jury.
We may change the terms of this Agreement from time to time upon delivery of electronic or written notices to You. Your continued use of the Services after the effective date of a change constitutes your acceptance of the updated terms.
California Consumer Notice: Under California Civil Code Section 1789.3, California users receive the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 916-445-1254.