Grandstream Networks, Inc.

GDMS Terms of Service

Last Updated: February 7, 2025.

Please read these Terms of Service (the “Terms”) carefully. These Terms are a binding contract between you (“you,” “your”) and Grandstream Networks, Inc. and our affiliate(s) ("Grandstream," "We," "Our" or "Us") regarding your (and your Users) access to and use of the services provided by and through Our Grandstream Device Management System (“GDMS”) platform for the remote management of Our networking products and  devices, which access is made available through Our associated internet properties and any software that We provide to you for download (Our “App(s)”) (all of these virtual properties and Apps, collectively, the “Site”).  These Terms also govern your use of all the text, data, information, software, analytics, graphics, images, designs, trademarks, proprietary content, and more (all of which We refer to as “Materials”) that We may make available to You, as well as any services We may provide through the Site. Collectively, the Site, Our Materials, and the services provided by Us are referred herein as the “Services.”

BY AGREEING TO THESE TERMS, OR BY ACCESSING, REGISTERING IN, CREATING AN ACCOUNT, DOWNLOADING OUR APPS, PROVIDING INFORMATION THROUGH, OR GENERALLY USING THE SERVICES, YOU INDICATE THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN OR PROVIDE US WITH ANY INFORMATION ABOUT YOU.

IMPORTANT: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION (SEE SECTION 13), AND A CLASS ACTION WAIVER (SEE SECTION 13(e)), THAT AFFECT YOUR RIGHTS.  These sections apply solely to the extent applicable in Your jurisdiction.

1.  Contractual relationship.

You represent and warrant that you have the legal authority and capacity to bind the business entity or organization on whose behalf you accept these Terms. If you are not authorized nor deemed by law to have such authority, do not accept these Terms or use the Services or you will assume sole personal liability for the obligations set out in these Terms.

By using the Services, you represent that you are at least 18 years of age, or that you are of age under the laws of your jurisdiction, and lawfully able to enter into contracts. If you are under 18 years of age or not legally able to enter into contracts in your place of residence, you must obtain the consent of your parent or legal guardian to register for and use the Services.

2.  Modifications and Additional Terms.

(a) Changes to these Terms. Grandstream can change, update, add or remove provisions of these Terms at any time by posting the updated Terms and/or by providing you with notice of the updates. If you do not agree with the updated Terms, you must stop using the Services. Continued use of the Services following notice of any such modifications indicates that you acknowledge and agree to be bound by the modifications. Unless otherwise required by law, the updated Terms are effective as of the day of posting.

(b)  Changes to the Services. We may make changes to the Services at any time, without notice to you. If you object to any changes to the Services, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified. We also reserve the right to discontinue the Services, or any component of it, at any time without notice to you. We will not be liable to you or any third-party should We exercise Our right to modify or discontinue the Services.

(c)  Additional Terms. We may offer additional optional features and/or functionalities in addition to the standard Services, which may be subject to fees or other costs.  Any such additional features of the Services may also be subject to additional terms (“Additional Terms”), which shall be provided to you at the moment you choose to use such features or services. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such features conflict with these Terms, the Additional Terms will govern. If you have entered into a separate executed legal agreement for Services, such as an Order (defined below) or a separate agreement (collectively and individually, a “Contract”), such Contract shall supersede these Terms. In the event of any conflict between these Terms and a Contract, the Contract will prevail. In cases where the Contract does not address specific provisions included in these Terms, these Terms will apply, supplementing the Contract.

3. Privacy. 

Please review Our Privacy Statement (available at http://www.grandstream.com/privacy-statement and which is hereby incorporated into these Terms by reference) and which explains how We use any information that you submit to Grandstream.

4. Use of the Services

Your access to and use of the Services is subject to your continued compliance with these Terms and all applicable laws. We grant you a limited right to use the Services for your internal business use, provided that you may use the Services solely as permitted in these Terms and any applicable documentation.

You will not resell, reframe, distribute, use on a timeshare, outsourced, or service bureau basis, or otherwise directly commercialize the sale or lease of the use of the Services.  If you breach these Terms (including Our Acceptable Use Policy (AUP) described in Section 16 below), your right to access and use the Services will terminate immediately, without any further action by Us, except for those obligations expressly described by Grandstream in these Terms or in a Contract. You may need to provide additional information in order to register for and/or use certain Services, including by creating an account. You warrant that the information you provide during the registration process is accurate. You agree to promptly notify Us of any unauthorized use of your account of which you become aware. You agree to use at least reasonable means to protect your account name, password and other login information from unauthorized disclosure or use by third parties.

For purposes of these Terms, “User” means you and your employees, contractors, agents and/or third parties (authorized by you) who use the Services.  You remain responsible for all acts and omissions of your Users when using the Services.  All Users must agree to these Terms before using the Services. 

5. Software and Services License and Restrictions

You may need to download and install software to use the Services ("Software"). If so, We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software to the extent reasonably required to use the Services and only for the duration that you are entitled to use the Services. You agree that, unless these Terms or applicable law allows it, you will not (and will not allow third parties authorized by you) to:

(a)  transfer, sublicense, or assign your right under this license to any other person or entity, unless expressly authorized by Grandstream in writing;

(b)  modify or adapt or create derivative works of the Services, the Software or any associated documentation;

(c)  reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for the Software or the Services, except to the extent allowed by applicable law for interoperability purposes;

(d)  use the Software to access Services other than the Services you are entitled to use;

(e)  republish, frame or distribute the Software or Services to unauthorized third parties;

(f) sell, rent, gift, trade, barter, exchange, or otherwise transfer or commercialize the Software, any Materials, access rights, or any other rights to the Services; or

(g)  supply proprietary information about the Services, including but not limited to screen shots, product documentation, demonstrations, service descriptions, announcements, or feature roadmaps to unauthorized third parties.

6. Consideration

The Services are provided at no cost to you. Notwithstanding the foregoing, We reserve the right at any time in the future to charge for any portion of the Services and to change fees from time to time in Our sole discretion.  Except as otherwise prohibited by applicable law, you are responsible for all charges or debits to any payment method linked to your account (including any third-party fees associated therewith) for transactions and other activities authorized or performed using your account credentials.  Any fees or charges paid by you for or in connection with the Services, including for enhanced features or functionality, are deemed fully earned by Grandstream when paid by you. In the event of any payments, you shall pay all sales, value added, general standard and similar taxes (exclusive of taxes based on Our net income), levies, duty, or charges imposed by any governmental authority, related to or arising from Our providing or your use of the Services. Grandstream reserves the right to gross up the price for the Services in any invoice if a withholding prevents Grandstream from receiving the amount specified in such invoice.

7. Term and Termination

These Terms commence on the date when you start using the Services and will remain in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms.  You may terminate these Terms at any time and for any reason by (a) uninstalling the App(s) (or, if you have not installed any Apps, by notifying Grandstream of your termination, which can be by email), (b) deleting or closing your account, (c) deleting or otherwise destroying all Services-related Materials, and/or (d) ceasing use of the Services. 

Except as otherwise prohibited by applicable law and without limiting any other provisions of these Terms or Our rights or remedies under applicable law or these Terms, you agree that Grandstream, in its sole discretion, may suspend or terminate your access to and use of the Services, without notice and liability to you or any third party, at any time and for any reason, including, but not limited to, your actual or suspected violation of these Terms, Our AUP (see section 16)  or applicable law.  Upon any such suspension or termination, your license to use the Services will immediately be suspended or terminated (including your license to Software), and Grandstream may immediately deactivate or delete your access to the Services and all related information and accounts, except as otherwise prohibited by applicable law.  Grandstream will not have any liability whatsoever to you for any suspension or termination, including for deletion of User Content.  

All provisions of the Terms, which by their nature should survive, shall survive termination of the Services, including without limitation, intellectual property ownership, warranty disclaimers, limitation of liability, governing law, class action and jury trial waivers, dispute resolution and arbitration provisions. 

8. User Content

For purposes of these Terms, “User Content” or "Content" means all visual, written or audible communications, files, data documents, videos, recordings, text, information, images, or any other material displayed, posted, uploaded, stored, exchanged or transmitted on or through your use of the Services or otherwise provided on the Site. We will not monitor Content, except: (i) as needed to provide, support or improve the provision of the Services, (ii) investigate potential or suspected fraud or breaches of Our AUP (see section 16), (iii) where instructed or permitted by you, or (iv) as otherwise required by law or to exercise or protect Our legal rights.

We will collect, use and process Content only in accordance with Grandstream's Privacy Statement. We may collect information from the devices connected to your account in order to provide better service. We may transfer, copy, backup and store your Content in the United States or other countries or jurisdictions outside your country as a part of the Services.  

To the extent required by applicable law, you are responsible for obtaining consent from your Users to the collection, use, processing, or transfer of Content.  You agree that We may contact you via e-mail or otherwise with information relevant to your use of the Services and your account (including payment obligations if any).

We make no claim to your trade names, logos and other trademarks or service marks ("Marks") and Content and We will not sell your Content to third parties.  You are solely responsible for your and your Users' Content and your and your Users' use of the Services. We are not liable to you, your Users or your customers for any loss or damages arising from any Content. We do not endorse and have no control over your or your Users' use of the Services. We cannot guarantee the accuracy of any Content provided by you or by other users.

You grant Us a world-wide, royalty-free, sublicensable license to use, modify, reproduce and distribute the Content, only as reasonably required to provide the Services (e.g., Grandstream may encrypt your Content which involves use, reproduction and modification of your Content). Where the Services include a publicly accessible Site with your Content, We may also publicly perform or publicly display your Content. You warrant that you have sufficient, lawful non-infringing rights to the Content and to grant the license contained in this Section.

We do not monitor your Content, Sites, or Use of the Services. You will comply with the Grandstream AUP described in Section 16 below. We may investigate any complaints and violations or suspected violations of these Terms regarding the Content or violations of the AUP that come to Our attention. If We reasonably determine there is a breach of these Terms regarding the Content or a violation of the AUP We may take action without liability to remedy the violation (e.g., refuse to post or remove violating Content, or restricting, suspending, or terminating your or your User's access to the Services). We will make commercially reasonable efforts to notify you before taking such actions so that you can remedy the issue. However, We reserve the right to act immediately if We reasonably believe that allowing such Content or use of the Services would expose Us to civil, regulatory or criminal liability. You agree to indemnify, defend and hold Us harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your or your Users' violation of the AUP.

9.  Warranty and Disclaimer

To the extent allowed by applicable law, you agree to use the Services at your own risk. You agree that We and Our suppliers and affiliates will not be responsible for any harm to any device, any loss of data, or any other harm that results from your use of the Services. WE AND OUR SUPPLIERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES AND ANY RELATED SOFTWARE AND/OR SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY.

EXCEPT AS EXPRESSLY STATED IN THIS SECTION 9, TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND AFFILIATES, (i) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION OR OTHER IMPLIED TERM AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND (ii) MAKE NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES OR THE SITES, OR THAT THE SERVICES WILL MEET ANY OF YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. In addition, the Services are not designed or licensed for use in environments requiring fail-safe controls (e.g., energy facilities, aircraft navigation/communication systems, life support or weapons systems).

THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

10. Limitation of Liability

YOU AGREE THAT GRANDSTREAM (WHICH INCLUDES, COLLECTIVELY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIES AND LICENSORS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OR CORRUPTION OF DATA, INCLUDING ANY UNAUTHORIZED ACCESS TO DATA, LOSS OF REVENUES, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS, PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES, OR INTERRUPTION TO BUSINESS OR WASTED ADMINISTRATIVE TIME. THESE EXCLUSIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, OR WHETHER RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, OR OTHERWISE. THESE EXCLUSIONS APPLY EVEN IF GRANDSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, THE MAXIMUM LIABILITY OF GRANDSTREAM (WHICH INCLUDES, COLLECTIVELY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIES AND LICENSORS) TO YOU SHALL NOT EXCEED: (I) ANY AMOUNTS DIRECTLY PAID BY YOU TO GRANDSTREAM FOR THE SERVICES (IF ANY) DURING THE SIX (6) MONTHS BEFORE THE LAST EVENT THAT GAVE RISE TO YOUR CLAIM, OR (II) US$100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE CLAIMS ARE CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THIS LIMITATION OF LIABILITY FOR SERVICES IS IN THE AGGREGATE AND NOT PER INCIDENT. 

The disclaimers, exclusions and limitations of liability set forth in these Terms form an essential basis of the bargain between the parties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of these Terms, including, without limitation, any consideration pertaining access to the Services, would be substantially different.

THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

11. Ownership and Proprietary Rights

(a)   Ownership.  Grandstream owns the intellectual property rights to the Services, Software, and any associated Materials. This ownership extends to all copies and portions of these items, and all improvements, enhancements, modifications and derivative works to these items. Therefore, your right to use the Services is a limited right to use, not a transfer of ownership or title to, the Services, Software, and associated Materials. Your rights to use the Software and Materials are limited to those rights expressly granted by these Terms. You get no other rights to the Software, Materials, or Services or any intellectual property rights practiced by or embodied in.

(b)  Feedback License.  You grant to Us a worldwide, non-exclusive, perpetual, irrevocable license to use or transfer any Feedback you give Us for any purpose. We can also create and distribute any product or service that incorporates your feedback without paying you any royalties.

12. Indemnification.

You agree to release, indemnify, and hold Grandstream, its affiliates, and Our and their employees, officers, and agents harmless from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to: (a) Your use of the Services, (b) Your violation of these Terms (including all prohibited activities hereunder), applicable law, or any third-party rights, or (c) Your fraud or willful misconduct.  Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

13. Dispute Resolution and Arbitration; Class Action Waiver.

Please read this carefully.  It affects your rights.

(a) Applicable Law.  These Terms will be subject to and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, excluding its rules regarding conflicts of law. You agree that any claim or dispute you may have against Grandstream must be resolved exclusively by a state or federal court located in Massachusetts, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in Massachusetts for the purpose of litigating all such claims or disputes. To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

(b) Dispute Resolution.  Before either party may seek arbitration as provided below, the party must first send to the other party a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, you and Grandstream may attempt to resolve the claim or dispute informally. If you and Grandstream do not resolve the claim or dispute within sixty (60) days after the Notice is received, either party may begin court or arbitration proceedings as provided herein.

(c)  Arbitration.   You agree that Grandstream may elect to resolve the dispute in a cost-effective manner through binding arbitration (including non-appearance-based arbitration), except that you may assert claims in small claims court if your claims qualify.   In the event Grandstream elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through the American Arbitration Association (“AAA”) if the User is located in the United Sates of America or Canada, and the International Chamber of Commerce (“ICC”) if the User is located outside of the USA or Canada.  The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the AAA or the Rules of Arbitration of the ICC, as applicable.  The seat of the arbitration shall be Boston, Massachusetts, USA, and it shall be conducted in the English language.  The costs of the arbitration, including the parties’ reasonable legal fees, shall in principle be borne by the unsuccessful party or parties. However, the arbitral tribunal may apportion such costs between the parties if it determines that apportionment is reasonable, considering the circumstances of the case.  The arbitration award shall be final and binding on the parties, and the parties undertake to carry out any award without delay.  Judgment upon the award may be entered by any court having jurisdiction of the award or having jurisdiction over the relevant party or its assets. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the arbitrator(s), the AAA or ICC as applicable, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfil a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision survives termination of these Terms and of any arbitration brought pursuant to these Terms. The arbitrator(s) shall have no authority to certify a class action; add any parties; vary or ignore the provisions of these Terms, and shall be bound by governing and applicable law.  The arbitrator(s) shall be willing to execute an oath of neutrality. 

(d)  Waiver of Jury Trial.  YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  In the event any litigation should arise between you and Grandstream in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(e)  Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.  EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.

14.  Retroactive Application. 

This Section 14 applies to all disputes between the Parties, including for any claims that accrued against You or Grandstream prior to the time of Your consent to these Terms and to any claims that accrue against You or Grandstream after Your consent to these Terms.  Notwithstanding the foregoing, if this subsection 14 is found to be unlawful, void or for any reason unenforceable, then any claims that accrued against You or Grandstream prior to Your consent to these Terms shall be governed by the pre-existing Terms of Service. 

15. General

(a)  Assignment.  You may not assign or transfer these Terms, including all rights and obligations hereunder without Our prior written consent and any attempt to do so in violation of the foregoing shall be void.

(b)  Entire Agreement.  These Terms (including any Additional Terms, Contract, policy, statement, or documents that are expressly incorporated by reference into the Terms) constitute the entire agreement between the parties with respect to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Grandstream. Neither party shall be bound by any additional or different terms from those in these Terms that might appear in any acknowledgements, quotations, proposals, or in any other communications between us. Any warranties or representations you relied on to enter into these Terms are in these Terms. Failure to enforce any right under these Terms will not waive that right. If any particular provision of these Terms is not enforceable, this will not affect any other provisions. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

(c)  Force Majeure. Grandstream shall not be responsible for failure of performance due to causes beyond its reasonable control. Such causes include (without limitation) accidents, severe weather events, acts of God, labor disputes, actions of any government agency, epidemic, pandemic, shortage of materials, acts of terrorism, or the stability or availability of the Internet or connectivity outside of the control of a party.

(d)  Legal Compliance. You will comply with all applicable laws and regulations related to your receipt and use of the Services. These laws include (without limitation): (a) privacy laws and regulations, (b) laws relating to the recording of communications, (c) laws relating to the use of VoIP-based services, and (d) anti-corruption laws. It is your sole responsibility to ensure you have the right to use all features of the Services in your jurisdiction. The Services may not be available in all countries and/or in any particular location. We may modify or discontinue Services features to comply with applicable laws and regulations.

(e)  Export Compliance. The Services and Software are subject to local and extraterritorial export control laws and regulations. You shall comply with such laws and regulations governing use, export, re-export, and transfer of Services and Software and will obtain all required local and extraterritorial authorizations, permits or licenses. You and your Users will not use the Services from an embargoed country. You warrant that you and your Users are not on any U.S. Government denied party list. The export obligations under this Section shall survive the expiration or termination of these Terms.

(f)  Relationship of the Parties. The parties are independent contractors. These Terms does not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship between the parties.

(g)  Third Party Products. Sometimes when you use the Services, You may also use a service or purchase goods which are provided by another person or company. Your use of these other services or goods may be subject to separate terms between you and the company or person concerned, and you agree that We shall have no liability or obligation relating to those services or goods.

(h)  Notices. We may provide you with notice via email, regular mail and/or postings on Our Services. Notices to Us should be sent to Grandstream Networks, Inc., 126 Brookline Ave, 3rdFlr, Boston, MA 02215, USA unless these Terms or a Contract specifically allow other means of notice.

16.  Grandstream Acceptable Use Policy

1.  Use of the Services (including Software, services web portal, platform, other services, applications) provided by Grandstream Networks, Inc. or its direct or indirect affiliates ("Grandstream") is subject to this Acceptable Use Policy ("Policy"). If there is a conflict between this Policy and the applicable agreement You have with Grandstream to obtain the Services ("Agreement"), the Agreement will prevail.

2.  This Policy applies to anyone who uses the Services, including without limitation the legal entity or individual doing business with Grandstream ("Customer"), and any third party permitted by the Customer to use or access the Services ("End Users"). Customers are required to inform End Users of this Policy. Customers and End Users are referred to in this Policy as "You."

3.  Grandstream reserves the right to amend or modify this Policy. You are expected to check the Agreement and the Policy from time to time to take notice of any changes We make, as they are legally binding on You. By using or accessing the Services, You are agreeing to this Policy.

4.  You agree not to use, or encourage, promote, facilitate or instruct others to use the Services to:

5.  Grandstream has the right, but does not assume the obligation, to monitor and investigate violations of this Policy. Failure to comply with or breach of this Policy constitutes a material breach of the Agreement and the terms and conditions upon which You are permitted to use the Services, and at any time may result in Grandstream taking any and all actions in its sole discretion and with immediate effect (in its reasonable discretion), up to and including:

6.   Grandstream excludes and disclaims all liability for actions taken in response to breaches of this Policy. The responses described in this Policy are not limited, and Grandstream may take any other action it reasonably deems appropriate.