June 1, 2025
Welcome to the backbone of AClareCorp’s promise: a transparent, no-nonsense set of rules that keeps our telecommunication services powerful, reliable, and compliant. If you need anything—whether it’s legal clarification, technical support, or general inquiries—drop us a line at admin@AClareCorp.com.
When we say “AClareCorp,” “we,” “us,” or “our,” we mean both AClare LLC and AClareCorp.com, including all affiliates, subsidiaries, officers, directors, employees, agents, successors, and permitted assigns.
2.1 Services Offered.
We’re not in the business of half-measures. AClareCorp’s Telecom Services include—but are never limited to:
a) SMS/MMS (text + multimedia) delivery, routing, and termination
b) Voice (VoIP) calling, call routing, and Interactive Voice Response (IVR)
c) Chat, push notifications, and real-time messaging platforms
d) APIs and SDKs so you can plug messaging, voice, or data straight into your own apps
e) Short codes, long codes, virtual numbers, toll-free numbers—whatever dialing resource fits your needs
f) Analytics dashboards, reporting tools, and performance monitoring to keep you ahead of the curve
g) Any other voice-, data-, or message-centric service we roll out in the future
2.2 Provisioning & Activation.
Once you place an order—and we’ve verified your identity, credit, and compliance with these Terms—we’ll assign your phone numbers or virtual IDs and hand you the keys to your AClareCorp account. Activation only takes effect after we confirm you’re fully squared away with our onboarding requirements and applicable laws/regulations.
2.3 Service Availability.
We aim for 24/7 uptime, with these minor exceptions:
• Scheduled maintenance (we’ll give you a heads-up when possible)
• Emergency maintenance or circumstances beyond our control (force majeure, carrier outages, backbone failures, government orders)
2.4 Modifications & Upgrades.
We’re always innovating. AClareCorp reserves the right to tweak, upgrade, or even retire any part of the Telecom Services at any time. When we make material changes, we’ll let you know—use of the Services afterward means you accept the new Terms.
3.1 Account Setup.
To get started, register for an account, give us accurate info, and keep your details current. You’re fully responsible for your usernames, passwords, API keys, tokens—anything tied to your account and all activity that happens under it.
3.2 Authorization & Representation.
By signing up or using our Services, you guarantee that:
a) You’re at least 18 years old or have authority to bind the organization you represent.
b) You have the right and power to enter into these Terms.
c) All User Content you submit is truthful, lawful, and follows applicable telecom laws (TCPA, CAN-SPAM, GDPR, etc.).
d) You’ll comply with our AUP (Section 4) and all relevant federal, state, local, and international laws, rules, and regulations.
3.3 API & Credential Security.
Protect your API credentials, tokens, and passwords like gold. Always use HTTPS or an equivalent encrypted channel for API calls. If you suspect any unauthorized use, revoke or rotate credentials immediately. If you share credentials, make sure your third party follows these same Terms.
3.4 Charges & Billing.
Our Pricing Schedule dictates all fees: setup, monthly service, per-message or per-minute usage, number rentals, overages—everything. Fees exclude taxes, duties, or levies (“Taxes”); you’re on the hook for those.
4.1 Unlawful or Abusive Communications.
You must never:
a) Send anything that violates TCPA, CAN-SPAM, GDPR, or any other applicable law.
b) Transmit fraudulent, harassing, abusive, defamatory, obscene, or otherwise objectionable content.
c) Do telemarketing without express written consent or opt-out mechanisms.
d) Embed viruses, worms, Trojan horses, ransomware, or malicious code.
e) Facilitate illegal activity—pirated content, illicit goods/services, you name it.
f) Spoof, phish, or smish in a way that deceives recipients.
4.2 Network Integrity & Security.
You must never:
a) Impair or degrade our network, carriers, or infrastructure.
b) Circumvent technical limitations, reverse engineer AClareCode, or hack into our systems.
c) Blast out unsolicited bulk or automated messages (spam) unless AClareCorp explicitly approves in writing.
d) Launch or join DDoS, phishing, or any malicious attacks.
4.3 Content Restrictions.
You must never send User Content that:
a) Infringes any patent, trademark, copyright, trade secret, or other proprietary rights.
b) Contains protected health info (PHI), financial data, or sensitive personal data without adequate HIPAA, PCI, or similar compliance measures.
c) Violates export control or economic sanction laws.
4.4 Enforcement.
If we suspect you’re breaking these rules, we can—and will—investigate. Without notice, we may suspend or terminate your access, remove infringing content, and report illegal activity to authorities. AClareCorp isn’t liable for any such actions.
5.1 Express Written Consent.
Before sending any texts or calls, you must have documented, prior express written consent under TCPA, CAN-SPAM, or any relevant state/foreign law. This consent needs a clear opt-in, date/time stamp, and the exact number to be messaged. You must also provide an obvious opt-out method (e.g., “Reply STOP to unsubscribe”) and honor opt-outs within ten (10) business days.
5.2 Content of Messages.
Every outbound message—marketing, transactional, informational—must:
a) Clearly identify AClare LLC or AClareCorp LLC as the sender.
b) Provide the phone number, short code, or a URL to opt out.
c) Include any legal disclosures (e.g., valid U.S. mailing address if required by CAN-SPAM).
d) Never contain misleading or deceptive content—no spoofed numbers, false claims, or hidden agendas.
5.3 Automatic Dialing & Pre-recorded Calls.
If you use our ATDS (automatic dialing) or robocall features, you must:
a) Follow TCPA rules for prior express written consent, disclosures, and opt-outs.
b) Maintain a Do-Not-Call (DNC) list that complies with the National DNC Registry and any state rules.
c) Limit call frequency according to law (e.g., one promotional call per month per subscriber unless otherwise allowed).
5.4 Minimum Age Requirement.
No messaging or calling minors under 18 without verifiable parental or guardian consent, in line with COPPA or other applicable regulations.
6.1 Security Measures.
We run a fortress: TLS/SSL encryption in transit, firewalls, intrusion detection, strict access controls, and encryption at rest. That said, you’re responsible for locking down your own account credentials—rotate API keys, use strong passwords, and enable multi-factor authentication where available.
6.2 Data Privacy.
When you use our Services, we may process personal data on your behalf. We operate as a data processor under all relevant laws (GDPR, CCPA, HIPAA, etc.), per our Privacy Policy and any Data Processing Addendum (DPA) you’ve signed.
6.3 Confidentiality.
Each party (the “Receiving Party”) must keep the other’s Confidential Information under lockdown and only use it to fulfill obligations under these Terms. Confidential Information doesn’t include info that’s already public, in your possession legally before disclosure, received from a third party without a confidentiality obligation, or independently developed. Upon request or account termination, return or destroy all Confidential Information—unless we’re required by law to retain it.
7.1 AClareCorp Intellectual Property.
Everything—network infrastructure, AClareCode, APIs, documentation, UI/UX, trade secrets, trademarks, logos, domain names—belongs 100% to AClare LLC and AClareCorp.com or our licensors. You get no ownership or implied license beyond what we explicitly grant here.
7.2 License Grant.
Assuming you follow these Terms and pay your bills, we grant you a limited, non-exclusive, non-transferable (unless we agree in writing), revocable license to:
a) Use the Services for your internal business needs, per these Terms.
b) Integrate with AClareCode—modify only if we say it’s okay—and deploy it solely to power your use of our Telecom Services.
7.3 Restrictions.
Unless we explicitly permit otherwise, you must never:
a) Reverse engineer, decompile, or disassemble any AClareCode or software.
b) Modify, distribute, sublicense, or create derivative works of our intellectual property.
c) Remove or hide any proprietary notices or labels.
d) Use trademarks, metatags, or branding confusingly similar to AClareCorp’s.
e) Sell, rent, lease, or sublicense any part of our Services or AClareCode.
f) Publish performance benchmarks without our written consent.
7.4 Third-Party Components.
Some features rely on third-party carriers, aggregators, or data providers. Your use of those features may be governed by additional third-party terms. We make no promises about their availability, performance, or legality and disclaim liability for their failures.
8.1 Payment.
Unless we explicitly agree otherwise in writing, you pay all fees from our published Pricing Schedule: setup, monthly service, per-message or per-minute usage, number rentals, overages—whatever applies. All fees are in U.S. dollars.
8.2 Invoicing & Collection.
We invoice monthly (unless we agreed differently). You have 30 days to pay. Miss that window, and we may suspend your Services, tack on a 1.5% monthly finance charge (or the max legal rate), and/or terminate these Terms.
8.3 Taxes.
All fees exclude any federal, state, local, or foreign taxes (sales, use, excise, VAT, etc.). You’re responsible for those tax bills—except taxes based on AClareCorp’s net income. If we must collect any taxes because of your use, you reimburse us.
9.1 Mutual Warranties.
Each party represents and warrants:
a) They’re duly organized, validly existing, and in good standing where they do business.
b) They have the authority to enter into and honor these Terms.
c) These Terms don’t clash with or violate any other agreement or law.
9.2 AClareCorp Warranty.
We guarantee that, under normal use, the Telecom Services will perform “materially in accordance” with our publicly available documentation. If something fails to comply, let us know promptly. We’ll fix it or provide a workaround—so long as you’ve followed our documentation, instructions, and haven’t altered the code or misused the Service.
9.3 Disclaimers.
EXCEPT FOR THE WARRANTY ABOVE, THE TELECOM SERVICES (INCLUDING AClareCode, APIs, AND DOCUMENTATION) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO IMPLIED WARRANTIES—NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. We don’t promise uninterrupted, error-free, or perfectly secure Services. We also can’t guarantee that any third-party carriers or aggregators will never drop the ball.
10.1 Exclusion of Consequential Damages.
IN NO EVENT SHALL ACLARECORP (AClare LLC AND AClareCorp.com) OR OUR AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES—LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, DIMINUTION IN VALUE, OR THIRD-PARTY CLAIMS—EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY.
10.2 Aggregate Liability Cap.
OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID FOR THE TELECOM SERVICES DURING THE SIX (6) MONTHS BEFORE THE CLAIM AROSE.
10.3 Exceptions.
The above limits don’t apply to:
a) Death or bodily injury caused by our gross negligence or willful misconduct.
b) Infringement or misappropriation of someone’s IP rights.
c) Any liability that can’t be limited under applicable law.
11.1 By You.
You agree to defend, indemnify, and hold harmless AClareCorp (AClare LLC and AClareCorp.com), plus all our officers, directors, employees, agents, successors, and assigns (each an “AClare Indemnitee”), from any third-party claim, suit, or demand—costs, damages, attorneys’ fees, losses—arising from:
a) Your use or misuse of the Telecom Services, including violations of these Terms.
b) Your breach of Section 4 (AUP) or Section 5 (User Consent).
c) Your violation of any law, rule, or regulation.
d) Any claim that your User Content or communications infringe, misappropriate, or violate any third party’s IP, privacy, publicity, or other rights.
e) Any wrongful or negligent act/omission by you (or your employees, agents, contractors) involving the Services.
11.2 By AClareCorp.
We’ll defend, indemnify, and hold you harmless from any third-party claim that our Services (excluding your code changes or third-party integrations) infringe an issued U.S. patent, copyright, or trademark. This is contingent upon you:
a) Promptly notifying us in writing of the claim.
b) Letting us control the defense and settlement (we won’t settle anything that admits liability or forces injunctive relief on you without your OK).
c) Helping us with reasonable assistance (on our dime).
12.1 Term & Renewal.
These Terms kick in on the Effective Date and run for the prepaid or committed period (the “Initial Term”). If neither party gives 30 days’ written notice before the Initial Term ends, the Services automatically renew for the same period unless someone terminates per Section 12.2.
12.2 Termination for Cause.
Either party may terminate these Terms immediately if the other:
a) Materially breaches any provision and fails to fix it within 30 days of notice.
b) Becomes insolvent, assigns assets to creditors, or has a receiver/trustee appointed.
c) Violates the AUP (Section 4) in a way that, in our judgment, demands immediate termination to protect our network or other customers.
d) Doesn’t pay undisputed amounts within 10 days of written notice.
12.3 Termination for Convenience.
You can terminate your account any time with 30 days’ written notice. We can discontinue any Service with 60 days’ notice.
12.4 Effect of Termination.
When these Terms end:
a) You owe all accrued fees through termination, including usage, early termination fees, or other charges.
b) Your rights and licenses (Sections 2, 3, 7) expire immediately—you must stop using the Services and AClareCode.
c) We may delete or deactivate your account and all associated data per Section 6.2.
d) Termination doesn’t relieve you of pre-termination obligations or affect any rights/liabilities that arose earlier.
13.1 Export Laws.
Our Services, software (including AClareCode), and technical data are subject to U.S. export controls (EAR, OFAC sanctions). You mustn’t export, re-export, transfer, or release any AClareCorp technology to embargoed countries or prohibited persons (e.g., Cuba, Iran, North Korea, Syria, Crimea) or anyone on U.S. restricted lists.
13.2 Telecommunications Licenses & Permits.
You’re responsible for securing all licenses, permits, or authorizations needed under U.S. or foreign law to:
a) Operate or resell telecom services in your region.
b) Lease, own, or manage phone numbers, short codes, or network resources.
c) Use any licensed/restricted spectrum.
d) Comply with FCC, CTIA, or other regulatory bodies (truth-in-billing, carrier registration, 10DLC/A2P messaging registration, STIR/SHAKEN, etc.).
13.3 Data Sovereignty.
If you process personal data of EU/EEA, UK, or other jurisdictions with cross-border rules, you must implement appropriate safeguards (Standard Contractual Clauses, Privacy Shield, binding corporate rules, etc.).
AClareCorp (AClare LLC and AClareCorp.com) can modify these Telecom Terms at any time. We’ll post the revised Terms on AClareCorp.com with an updated “Effective Date.” Once posted, they take effect immediately. If you don’t agree, you must stop using our Services and terminate your account per Section 12.
15.1 To You.
Any notice we send will go to the email address linked to your account or appear on AClareCorp.com. Email notices count as received one business day after we send them—unless they bounce.
15.2 To AClareCorp.
Send all official notices to:
AClare LLC / AClareCorp.com
Attn: Legal Department – Telecommunications Terms
Email: admin@AClareCorp.com
Postal mail notices count as received when delivered. Email notices count as received the same business day if sent before 5:00 PM CT, or otherwise the next business day.
16.1 Governing Law.
These Terms—and any disputes arising from them—are governed by Illinois law, without conflict-of-law rules.
16.2 Jurisdiction & Venue.
You and AClareCorp agree to litigate only in Cook County, Illinois (state or federal court). Both sides waive objections to venue and jurisdiction there.
16.3 Arbitration (Optional).
At AClareCorp’s discretion, any dispute can be settled through binding arbitration in Chicago, IL, under AAA Commercial Arbitration Rules. The arbitrator’s decision is final and can be entered in court. Each side pays its own costs unless the arbitrator finds a claim or defense frivolous.
17.1 Independent Contractors.
We’re not partners, joint venturers, agents, employers, or anything more—just independent contractors. Neither side can bind the other except as explicitly stated.
17.2 Force Majeure.
Neither party is liable for delays or failures caused by events beyond reasonable control: natural disasters, war, terrorism, government action, network outages, strikes, or civil unrest.
17.3 Severability.
If any provision is invalid or unenforceable, the rest stays in full force. We’ll reform any invalid part only as much as needed to make it enforceable.
17.4 Waiver.
Failure to enforce a right under these Terms doesn’t waive that right. One party’s exercise of a right doesn’t stop the other side from exercising the same or any other right later.
17.5 Assignment.
You can’t assign these Terms without our written consent—any attempt is void. We (AClare LLC and AClareCorp.com) may assign freely. These Terms bind and benefit our permitted successors and assigns.
17.6 Entire Agreement.
These Telecom Terms—which include any order forms, Pricing Schedule, AUP, Privacy Policy, and Data Processing Addendum—are the complete agreement between you and AClareCorp. They replace any prior or simultaneous agreements (written or oral) on the same subject.
Questions? Concerns? Need to report a violation or security issue? Reach out to:
AClare LLC / AClareCorp.com
Attn: Legal – Telecom Support
Email: admin@AClareCorp.com
Phone: (708) 620-6169
We deliver crystal-clear services without hidden terms. If anything needs fine-tuning—whether it’s a state-specific disclaimer, an industry nuance, or extra SLA details—email admin@AClareCorp.com. We’ll make sure you stay ahead of the curve.
Copyright © 2025 AClareCorp - All Rights Reserved.