Terms of Service
BX9 and this website are provided by Branch Exchange LLC, a New Hampshire limited liability company ("we"). Using the website or the service means you accept these terms.
1. The service
BX9 is a business phone system. Most organizations sign up directly at app.branch.exchange — choosing a plan and starting a free trial with a payment card on file, as described in section 6 below. Some organizations are instead set up by our team or by a reseller partner under a separate service agreement between the organization and Branch Exchange LLC; where a service agreement conflicts with these terms, the service agreement wins. For a copy of the agreement that applies to you, or to put one in place, contact sales@branch.exchange.
2. Acceptable use
Use BX9 lawfully. In particular, you agree to:
- comply with the Telephone Consumer Protection Act and the FCC's and FTC's telemarketing and robocall rules, including consent, identification, do-not-call, and calling-time requirements, for every call and text you place through the service;
- comply with call-recording consent laws — several U.S. states require the consent of every participant — before recording any call;
- complete any carrier registration required for application-to-person messaging (for example 10DLC campaign registration) before sending business text messages, and not send unsolicited bulk messages;
- not use the service for fraud, harassment, caller-ID spoofing with intent to defraud or harm, or any unlawful purpose;
- not attempt to breach the isolation between tenants, probe or attack the service, or resell access except under a reseller agreement with us.
We may suspend use that puts the platform, other customers, or emergency-services integrity at risk, and will restore it when the risk is resolved. You are responsible for traffic placed through your organization's account, including fraudulent traffic that results from credentials your organization failed to protect.
3. Emergency calling — read this
BX9 IS AN INTERNET-BASED PHONE SERVICE. ITS 911 DIALING DIFFERS FROM TRADITIONAL LANDLINE 911, AND IN SOME SITUATIONS EMERGENCY CALLING MAY BE UNAVAILABLE. Emergency dialing is disabled on new organizations until emergency calling has been provisioned and enabled for them; until then, users must use another phone — a mobile phone or landline — to reach emergency services, and the in-product softphone says so.
Where emergency calling is enabled, the following limitations apply:
- Power and internet outages. Emergency calls will not complete if your internet connection, local network, power, or the service itself is down, degraded, or suspended.
- Location. Emergency calls are routed, and responders are dispatched, based on the dispatchable location the organization registered for the caller — street address plus floor, suite, or room. If a device is moved without updating its registered location, emergency calls may be routed to the wrong emergency center and responders may be sent to the wrong address.
- Callback. Emergency centers see the registered callback number, which may not be the caller's direct line; if the call is cut off, the emergency center may be unable to reach the specific caller back.
Organizations that enable emergency calling are responsible for: registering and maintaining accurate dispatchable locations for every user and site; informing their users of these limitations, including any labels or notices required where the system is installed; and complying with their own obligations as the operator of a multi-line telephone system under Kari's Law and RAY BAUM'S Act (direct 911 dialing with no prefix, on-site notification, and dispatchable-location delivery — all of which the product performs when configured). Where the platform provides emergency-address verification or test-call facilities, organizations should use them after every location change.
4. Messaging and fax
SMS/MMS delivery depends on carrier networks and their filtering policies; delivery of any given message is not guaranteed, and unregistered business messaging is routinely blocked by carriers. Fax delivery over IP networks is best-effort by nature. Do not use messaging or fax as your only channel for emergency or life-safety communication.
5. Content and data
Your organization's calls, messages, recordings, faxes, and configuration remain your organization's. You grant us only the rights needed to operate the service on your behalf. Our handling of data — including CPNI, retention, and the role split between us and your organization — is described in the privacy policy. We disclose customer data to law enforcement only when legally compelled, and where the law allows we notify the affected customer.
6. Fees, term, and termination
An organization that signs up directly is billed per user, monthly, in USD, through Stripe. A 14-day free trial begins when you add a payment card; unless you cancel first, the subscription starts billing automatically when the trial ends. The billed quantity tracks your enabled users, and Stripe prorates the charge when users are added or removed mid-cycle. If a payment fails, we will retry it and notify you; if payment is not resolved, outbound calling is suspended while inbound calls and — where emergency calling is enabled for your organization (section 3) — 911 dialing continue to work, and your data is retained — reactivating requires starting a new subscription.
Fees, billing, service commitments, and termination rights for an organization on a service agreement or reseller agreement are set out in that agreement instead. Either party may end service as the applicable agreement or these terms provide; on termination the organization may export its data before the tenant is deleted.
7. Warranty and liability
The website is provided as-is. For the BX9 service, availability commitments, warranties, and limitations of liability are set out in the applicable service agreement. Absent such an agreement: the service is provided as-is; to the maximum extent permitted by law we disclaim implied warranties, including merchantability and fitness for a particular purpose; we are not liable for indirect, incidental, special, or consequential damages, or lost profits; and our total liability for any claim is limited to the amounts paid for the service in the twelve months before the claim arose. To the maximum extent permitted by law, and consistent with FCC rules for interconnected VoIP providers, we are not liable for failures of emergency calling except where the law does not allow that limitation; organizations agree to pass these emergency-calling limitations on to their users.
8. Indemnity
Organizations will defend and indemnify Branch Exchange LLC against third-party claims arising from their unlawful use of the service — including telemarketing, recording, and messaging-compliance violations — except to the extent the claim results from our own breach of these terms.
9. Governing law
These terms are governed by the laws of the State of New Hampshire, without regard to its conflict-of-law rules, and disputes belong to the state or federal courts sitting in New Hampshire, whose jurisdiction both parties accept. A service agreement may provide otherwise for the customers it covers.
10. Changes and contact
If these terms change, we will update this page and its effective date; material changes affecting the service are also communicated to customer organizations. Questions go to support@branch.exchange.
Branch Exchange LLC, 27 Hazel Dr, Hampstead, NH 03841, United States