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© 2026 Nexrythm LLC. All Right Reserved.
Last Updated: July 10, 2026
THIS AGREEMENT PROVIDES FOR RESOLUTION OF DISPUTES BY BINDING ARBITRATION RATHER THAN IN COURT, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
These Terms of Service (“Agreement”) are entered into between you (“Customer” or “you”) and Nexrythm LLC (“Nexrythm,” “we,” “us,” or “our”) and govern your use of the Nexrythm voice, messaging, and related telecommunications services (the “Services”), including the hardware, software, and network infrastructure used to deliver them. By using the Services, you agree to this Agreement and to Nexrythm’s then-current Acceptable Use Policy, available at https://nexrythm.com/. Nexrythm would not provide the Services without your agreement to these terms.
You may only receive the Services if you are a subscriber in good standing with a valid, authorized payment method on file. You are responsible for obtaining and maintaining your own internet connectivity; Nexrythm does not control your internet access and is not responsible for third-party products, services, or connectivity issues that affect the Services.
Additional Services may be purchased by users you designate as account administrators, whether through the Nexrythm customer portal or by contacting Nexrythm support. You authorize administrators to add Services to your account and to commit you to payment for those Services, and you authorize Nexrythm to charge your account’s payment method on file for your then-current balance each billing cycle.
You may designate one or more “Administrators” with full control over your account. The initial Administrator is the individual who signed up for or executed the order for Services. An Administrator may make account changes (adding or removing services or users, canceling the account, updating payment methods, etc.) and is the authorized party for porting your telephone numbers away from Nexrythm. Administrators may appoint additional Administrators or reassign the role. To reassign the Administrator role when the current Administrator cannot do so, Nexrythm requires either an email from the Administrator’s address on file, or a signed written request on company letterhead from an officer or owner of your organization.
Requests for account or call-log information outside the standard portal must come from the Administrator and will be sent only to the Administrator’s email on file. The Administrator may designate one or more “Company Contacts” to receive general account notices (billing, maintenance, updates); the Administrator serves as the default Company Contact.
Nexrythm may modify service plans, features, and components at any time, applying such changes consistently to similarly situated customers, and will make commercially reasonable efforts to give thirty (30) days’ notice of material changes. Nexrythm may also adjust pricing in response to government-mandated or regulatory cost increases affecting VoIP providers, and may add or remove supported international destinations at its discretion. All pricing excludes applicable taxes, fees, and government charges.
Customer agrees to pay the rates and fees set out in the applicable Service Agreement or posted in the customer portal, including usage-based charges (per-minute, per-call, per-text, per-number, per-port), recurring and one-time fees, and all applicable taxes, duties, and regulatory surcharges. Unless a separate agreement provides otherwise, Nexrythm may prospectively change rates and charges, publishing updates via the portal, email to your Company Contact, or other reasonable means. Customer is responsible for reviewing current rates before use and for all charges incurred.
Nexrythm may modify other, non-pricing terms of this Agreement on a prospective basis with notice. Changes with a material adverse effect on Customer will be preceded by thirty (30) days’ notice and posted to Nexrythm’s website; such changes take effect on the next business day after the notice period unless Customer objects in writing during that period. Customer is responsible for monitoring the Nexrythm website and keeping its contact information current.
Nexrythm’s Services are offered primarily on a prepaid basis. Customer authorizes Nexrythm to charge all applicable fees to the payment method on file. Customer must maintain sufficient prepaid balance at all times; Services are subject to immediate suspension without further notice if the account balance is insufficient.
At the start of Service, Customer deposits an initial prepaid balance. As usage depletes that balance to a low-balance threshold (default $100.00), Customer authorizes Nexrythm to charge the payment method on file to restore the balance to a top-up amount configurable by Customer.
Except for usage-based charges, fees are due in advance on the first day of each billing period. Fees may include recurring service fees and non-recurring charges such as activation, porting, early termination, regulatory compliance/recovery fees, and government pass-through charges (e.g., USF, E911 fees). Usage-based and non-recurring charges are billed in arrears. Equipment and setup fees are due at the time Services are ordered. All payments, including advance payments, are non-refundable except as expressly stated in this Agreement.
Failure to pay in full results in immediate suspension, for which Nexrythm bears no liability. Late payments (more than 30 days past due) are subject to a 1.5% monthly late fee or the maximum rate allowed by law, whichever is greater. Customer is responsible for all collection costs, including reasonable attorneys’ fees. Customer authorizes Nexrythm and its agents to contact Customer using automated dialing systems or prerecorded messages regarding this Agreement or the Services, at any number Customer provides, including mobile numbers.
If Services are suspended or terminated for non-payment or other reasons, Customer’s assigned telephone numbers will be reclaimed and made unavailable to Customer.
Either party may terminate this Agreement without penalty on thirty (30) days’ written notice, in addition to Nexrythm’s separate suspension/termination rights under this Agreement and its Acceptable Use Policy. Following termination, Nexrythm will refund any remaining prepaid balance, less amounts owed, within thirty (30) days.
Nexrythm calculates billable call duration from the initial SIP “INVITE” to the final “BYE” packet, billed according to the increments and traffic type described in the customer portal.
Customer is responsible for the costs of all inbound and outbound traffic on its account, regardless of source or authorization, including traffic resulting from a breach of Customer’s own equipment. Customer bears full risk of loss for unauthorized or fraudulent use of the Services under its account, which constitutes a material breach of this Agreement. Customer is solely responsible for securing credentials, devices, and endpoints (including MAC addresses) used to access the Services, and acknowledges that exposing equipment to public IP addresses or networks increases fraud risk. Customer remains liable for all charges regardless of whether usage was authorized. If Nexrythm identifies suspected fraud, Customer consents to Nexrythm taking reasonable protective action (including blocking numbers or regions) without prior notice. Nexrythm has no duty to investigate or prevent fraudulent use and is not liable for fraudulent charges billed to Customer’s account.
Any suggestions Customer provides regarding improvements to the Services are irrevocably assigned to Nexrythm. If Customer engages Nexrythm to build custom features or integrations (“Custom Work Product”), and Nexrythm accepts the engagement in writing, Customer agrees to pay Nexrythm’s then-current hourly development rate. All right, title, and interest in Custom Work Product, and any derivative improvements, remain with Nexrythm.
For Customers subscribed to an interconnected VoIP service, Nexrythm’s network can deliver a registered address, name, and phone number to emergency services upon dialing 911. Enhanced 911 (E911) is disabled by default and must be activated through Nexrythm support; Customer must provide thirty (30) days’ notice before relying on the Nexrythm network for 911 service.
Important 911 Limitations:
Customer grants Nexrythm and its agents authority to initiate porting requests reasonably necessary to provide the Services, including placing Customer’s numbers with a new underlying carrier, provided this does not result in loss of Customer’s numbers. Nexrythm may initiate or terminate ports and modify routing as needed to deliver the Services. Customer releases Nexrythm from liability for service interruptions, porting delays, or lost numbers arising from technical issues at a terminating or servicing carrier or other third party.
Not all international destinations are reachable via the Nexrythm network due to tariff, legal, or technical constraints, including numbers associated with active military conflict zones, U.S. or U.N. sanctioned regions, high-fraud-risk destinations, satellite phones or cruise ships, or infrastructure not reachable from the United States.
Customer may not reverse-engineer, decompile, or attempt to derive the underlying processes or technology of the Services; rent, resell, sublicense, or redistribute the Services; or use the Services to infringe any intellectual property or other legal right, or in violation of applicable law. The Nexrythm network and infrastructure are confidential and proprietary, for Customer’s use strictly within the scope of this Agreement.
Rates, fees, network and platform details, Customer’s usage data, and other non-public information exchanged between the parties are confidential and may not be disclosed to third parties without prior written consent, during the term and for three (3) years thereafter. Each party will protect the other’s confidential information using at least the same care it uses for its own. If disclosure is compelled by law, the receiving party will give prompt notice to the other party and cooperate in seeking protective treatment where possible.
Information Nexrythm collects about Customer’s use of its website, portal, and Services is also governed by Nexrythm’s CPNI Policy.
Except for Nexrythm’s right to seek injunctive relief in court to protect its intellectual property, any dispute arising from or relating to this Agreement will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The parties will select a mutually acceptable arbitrator familiar with the subject matter; absent agreement, the AAA’s selection rules apply. Arbitration will take place in or near Washington, D.C., New York discovery rules will apply, and the arbitrator will apply New York law. The arbitrator’s decision is final, binding, and enforceable in any court of competent jurisdiction.
By agreeing to arbitrate, the parties waive their right to a jury trial. If any claim nonetheless proceeds in court, both parties waive the right to a jury trial for that claim.
EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, OR FOR LIABILITY ARISING FROM NEXRYTHM’S RECKLESS OR INTENTIONAL MISCONDUCT, NEXRYTHM WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, REVENUE, CUSTOMERS, OPPORTUNITIES, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEXRYTHM IS NOT LIABLE FOR DAMAGES RELATING TO SERVICE INTERRUPTION, SUSPENSION, OR TERMINATION; THIRD-PARTY IP CLAIMS RELATED TO THE SERVICES; DISCONTINUATION OF ANY SERVICE; UNSCHEDULED DOWNTIME; PROCUREMENT OF SUBSTITUTE SERVICES; CUSTOMER’S INVESTMENTS OR COMMITMENTS MADE IN RELIANCE ON THE SERVICES; OR UNAUTHORIZED ACCESS TO OR LOSS OF CUSTOMER DATA.
NEXRYTHM’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT CUSTOMER ACTUALLY PAID NEXRYTHM IN THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION APPLIES EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REFLECTS AN AGREED ALLOCATION OF RISK BETWEEN THE PARTIES.
EXCEPT AS EXPRESSLY STATED HEREIN, NEXRYTHM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND TITLE. THE SERVICES AND ANY RELATED SOFTWARE OR EQUIPMENT ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW.
Customer agrees to indemnify, defend, and hold harmless Nexrythm, its officers, directors, and employees from claims, losses, damages, liabilities, costs, fines, and expenses (including reasonable attorneys’ fees) arising from Customer’s use of the Services, breach of this Agreement, or violation of Section 16 (Compliance with Laws).
Customer will use the Services only in compliance with all applicable laws, including those governing intellectual property, call recording and monitoring, interception, and telemarketing/direct marketing. Customer is solely responsible for its own regulatory compliance. Services are for Customer’s own use and may not be resold or incorporated into a commercial offering without Nexrythm’s written consent, nor used in a way that interferes with the network or other users. Violation of this Section may result in immediate termination.
Conduct that disrupts network integrity or threatens the security of Nexrythm, its vendors, or other customers is prohibited and may result in suspension or termination without prior notice, and disclosure of relevant information (including Customer’s confidential information) to authorities or affected third parties. Nexrythm may decline to transmit or deliver content it reasonably believes is unlawful or is, or may become, subject to legal or regulatory proceedings.
Nexrythm may audit, track, or monitor use of the Services to enforce this Agreement and its Acceptable Use Policy, comply with legal process, protect its rights and those of its vendors, respond to infringement claims, protect network integrity, and fulfill contractual obligations to upstream suppliers — including through proprietary or third-party analytics tools used to identify potentially unlawful traffic, which may result in certain calls being declined or routed for additional review, without altering the content of any call. This Agreement constitutes notice of such monitoring to the extent required by law.
If Nexrythm is required by court order, statute, regulation, subpoena, traceback request, or other governmental request to disclose Customer information (including CPNI) to authorities, Customer consents to Nexrythm’s cooperation. Customer must inform its own subscribers, where applicable, of these compliance obligations to the extent Customer routes their traffic through Nexrythm.
Waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
Governing Law. This Agreement is governed by the laws of the State of New York, without regard to conflict-of-laws principles.
Correspondence. Customer may submit service requests by email, support ticket, or phone, and may make account changes (users, telephone numbers) through the Nexrythm portal.
Entire Agreement. This Agreement, together with the applicable Service Agreement and any addenda, constitutes the entire agreement between the parties and supersedes prior agreements, written or oral.
Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.
Survivability. Provisions that by their nature should survive termination — including confidentiality, arbitration, indemnification, and limitation of liability — will survive.
Nexrythm LLC Address: 1500 N Grant St #10064, Denver, CO 80203, United States Phone: (719) 220-1133 | Email: support@nexrythm.com | Web: https://nexrythm.com/
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© 2026 Nexrythm LLC. All Right Reserved.