Terms of Service

1. Agreement to Terms

By accessing or using SpartanComm services provided by Spartan Media LLC ("Company", "we", "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our services.

2. Description of Services

SpartanComm provides a unified business communications platform including:

• Voice over IP (VoIP) calling via SIP desk phones
• SMS and MMS messaging
• WhatsApp Business messaging (optional add-on)
• AI-powered agent for automated responses (optional add-on)
• Web-based management dashboard
• Pre-configured SIP desk phones (hardware)

3. Account Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Pricing and Payment

• Hardware: Desk phones are purchased as a one-time payment at checkout
• Service Plans: Monthly per-agent subscription fees begin after your free trial period (30 days)
• Messaging: SMS, MMS, and WhatsApp messages are billed per message at the rates displayed on our pricing page
• Add-ons: WhatsApp Business and AI Agent are optional services billed separately
• All prices are in USD. Taxes may apply based on your jurisdiction
• Payment is processed securely via Stripe

5. Free Trial

New customers receive a 30-day free trial of the service plan. During the trial, all platform features are available. After the trial period, your payment method on file will be charged automatically. You may cancel before the trial ends to avoid charges.

6. SMS/MMS Messaging Program

By providing your phone number and opting in during account registration, checkout, or by texting START to any of our business numbers, you consent to receive SMS and MMS messages from Spartan Media LLC ("SpartanComm") including:

• Account verification: One-time passwords (OTP) and security codes for login and identity verification
• Customer care: Appointment reminders, service updates, delivery notifications, and responses to customer inquiries
• Account notifications: Billing alerts, subscription updates, and service status changes

Message frequency: Message frequency varies based on your account activity and the services you use.

Message and data rates may apply. Please consult your mobile carrier for details on your messaging plan.

Consent is not a condition of purchase. You are not required to opt in to SMS/MMS messaging to purchase our products or services.

Opt-out: You can opt out of SMS/MMS communications at any time by replying STOP to any message you receive from us. After opting out, you will receive a one-time confirmation message and no further messages will be sent. Reply START to re-subscribe at any time.

Help: For help with our messaging program, reply HELP to any message, email support@espartan.net, or call +1 (703) 705-4977.

Supported carriers: Compatible with all major US carriers including T-Mobile, AT&T, Verizon, US Cellular, and others. Carriers are not liable for delayed or undelivered messages.

For more information about how we handle your data, please see our Privacy Policy.

7. Acceptable Use

You agree not to use our services to:

• Place robocalls or automated/pre-recorded calls without the prior express consent required by the TCPA and FCC regulations
• Conduct telemarketing without consent, or call numbers listed on the National or any state Do-Not-Call registry
• Spoof, falsify, or misrepresent caller ID information, or originate traffic with the intent to defraud, cause harm, or wrongfully obtain anything of value
• Operate an auto-dialer, predictive dialer, or bulk calling campaign without our prior written authorization
• Send unsolicited bulk messages (spam)
• Place unsolicited calls, robocalls, or telemarketing calls without the prior express consent required by the TCPA (47 U.S.C. § 227) and FCC rules, or call numbers listed on the National Do Not Call Registry
• Transmit inaccurate, spoofed, or misleading caller ID information (Truth in Caller ID Act), or use numbers you are not authorized to use
• Use autodialers, prerecorded or artificial voice messages without lawful consent
• Engage in illegal activities or fraud
• Harass, threaten, or abuse others
• Violate any applicable laws or regulations
• Interfere with or disrupt our services or infrastructure
• Resell services without written authorization

7.1 Monitoring, Suspension, and Termination

We monitor traffic patterns for signs of abuse (including call volume, average call duration, answer rates, and complaint or traceback activity). We may suspend or terminate your account immediately and without prior notice if we reasonably suspect a violation of this Acceptable Use Policy, if we receive an industry traceback or regulatory inquiry regarding your traffic, or if your usage places our network or upstream carriers at risk. Accounts that exceed automated abuse thresholds may be suspended automatically pending review.

You agree to cooperate with any investigation and to provide, on request, evidence of the consent you obtained from called parties.

7.2 No Refunds for Abuse-Related Termination

If your account is suspended or terminated for violating this Acceptable Use Policy, all fees already paid are non-refundable and any unused balance, prepaid amount, or remaining service period is forfeited. This includes prepaid monthly service, setup fees, and number charges. We may also recover from you any fines, penalties, chargebacks, carrier pass-through charges, or costs we incur as a result of your violation. Numbers associated with abusive traffic may be reclaimed and quarantined without compensation.

We report confirmed abuse to our upstream carriers and to the relevant industry and regulatory bodies as required by law.

See section 12 for how suspension works, the standard we apply, and your remedy if a suspension turns out to be mistaken.

8. Hardware

• Phones are shipped pre-configured and ready to use
• Hardware is non-refundable after 30 days from delivery
• Phones remain your property after purchase
• We provide configuration support but are not responsible for third-party network issues

9. Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. We are not liable for outages caused by internet service providers, power failures, natural disasters, or other events beyond our control.

10. Cancellation

• You may cancel your subscription at any time through the dashboard or by contacting support
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial billing periods
• Phone numbers may be released 30 days after cancellation unless ported out

11. Limitation of Liability

To the maximum extent permitted by law, Spartan Media LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services — including lost profits, lost revenue, lost business opportunity, loss of goodwill, or loss of data — even if advised of the possibility of such damages. Our total aggregate liability, under any theory of liability, shall not exceed the total fees actually paid by you to Spartan Media LLC in the 3 months immediately preceding the event giving rise to the claim.

You acknowledge that VoIP service depends on the public internet and third-party carriers, is not guaranteed to be uninterrupted or error-free, and must not be relied upon as your sole means of emergency communication.

12. Suspension for Suspected Abuse

We may suspend or terminate all or part of the Services immediately and without prior notice where we, in our sole and reasonable discretion, suspect that traffic originating from your account violates our Acceptable Use Policy, applicable law (including the TCPA and FCC regulations), or the acceptable use requirements of our underlying carriers — or where we receive a traceback, subpoena, law-enforcement inquiry, or carrier demand concerning your traffic.

Suspicion is sufficient. We are not required to establish that the traffic was in fact unlawful before suspending. You acknowledge that we are obligated to mitigate suspected illegal traffic promptly, that delay exposes us and every other customer on our network to carrier-level blocking, and that suspension is therefore a reasonable and necessary remedy.

No liability for suspension. We shall have no liability to you or to any third party for any loss, damage, lost profits, lost business opportunity, or service interruption arising out of a suspension or termination under this section, whether or not the suspicion is later determined to have been mistaken.

Restoration is your sole remedy. Where we determine that a suspension was based on a mistaken assessment, we will restore the Services promptly at no additional charge. Restoration is your sole and exclusive remedy for a suspension under this section.

No refund on abuse termination. Where the Services are terminated for violation of the Acceptable Use Policy, no refund, credit, or proration of any kind will be issued, and any prepaid amounts are forfeited to cover the costs of investigation, mitigation, carrier reporting, and regulatory response.

13. Account Credentials and Responsibility for Traffic

You are solely responsible for maintaining the confidentiality and security of all SIP credentials, extension passwords, API keys, and device configurations associated with your account, and for all use of the Services made through them.

You are responsible for all traffic originating from your account, including traffic originated by a third party using your credentials, whether or not authorized by you, and including traffic resulting from credential compromise, misconfiguration, stolen or lost devices, or the acts of your employees, contractors, or end users.

A compromise of your credentials does not relieve you of your obligations under these terms and does not create liability for us, including where we suspend the Services in response to traffic generated by the compromise. You must notify us immediately at support@espartan.net upon becoming aware of any unauthorized use. Following a compromise, we will rotate the affected credentials and, once the account is secured, restore the Services.

14. Indemnification

You shall defend, indemnify, and hold harmless Spartan Media LLC, its officers, directors, employees, agents, and underlying carriers from and against any and all claims, demands, actions, investigations, proceedings, damages, penalties, fines, forfeitures, settlements, and costs (including reasonable attorneys’ fees and the costs of responding to tracebacks, subpoenas, and regulatory inquiries) arising out of or relating to:

• traffic originated from your account;
• your violation of the Acceptable Use Policy or of applicable law, including the TCPA, the TRACED Act, FCC regulations, and state telemarketing and Do-Not-Call statutes;
• any claim by a called party, consumer, regulator, or carrier concerning calls or messages originated from your account; and
• your failure to secure your credentials.

This obligation survives termination of these terms.

15. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully — it affects your legal rights.

Binding arbitration. Any dispute arising out of or relating to these terms or the Services shall be resolved by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules, before a single arbitrator, seated in Guilford County, North Carolina. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. You and Spartan Media LLC each waive any right to assert claims on a class, collective, consolidated, or representative basis. The arbitrator may not consolidate the claims of more than one party and may not preside over any form of class or representative proceeding.

Exceptions. Either party may bring an individual action in small claims court, and Spartan Media LLC may seek injunctive relief in court to protect its network, intellectual property, or regulatory standing.

16. Compliance

You are responsible for complying with all applicable telecommunications regulations, including but not limited to TCPA, 10DLC requirements, CAN-SPAM Act, and, where you operate a multi-line telephone system, Kari’s Law and the RAY BAUM’S Act (including keeping each user’s dispatchable location accurate). We provide tools to help with compliance but ultimate responsibility lies with you.

17. Changes to Terms

We reserve the right to modify these terms at any time. Material changes will be communicated via email or through the platform. Continued use of our services after changes constitutes acceptance of the updated terms.

18. Governing Law

These terms are governed by the laws of the State of North Carolina, United States. Any disputes shall be resolved in the courts of Guilford County, North Carolina.

19. Contact

Spartan Media LLC
Email: support@espartan.net
Phone: +1 (703) 705-4977
Website: https://espartan.net