ThunderPhone Terms of Service

Last Updated: July 23, 2026

If you signed a separate Cover Page to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Product.

This Agreement is between Autophonix, LLC d/b/a ThunderPhone and the company or person accessing or using the Product. This Agreement consists of: (1) the Order Form below and (2) the Framework Terms defined below.

If you are accessing or using the Product on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.

Cover Page

Order Form

Framework Terms: This Order Form incorporates and is governed by the Framework Terms that are made up of the Key Terms below and the Common Paper Cloud Service Agreement Standard Terms Version 2.1, which are incorporated by reference. Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings given in the Cover Page or the Standard Terms.

  • Cloud Service: ThunderPhone provides an AI-assisted telephony platform for call setup and routing, optional call recording and transcription, real-time and asynchronous analytics, and related support and billing.
  • Order Date: The Effective Date.
  • Subscription Period: Not applicable. Access is usage-based and not tied to a renewal term.
  • Cloud Service Fees: Pricing is per-minute usage as posted at https://thunderphone.com/pricing. Customer will pay the applicable per-minute rates (and any other posted usage fees) based on actual use. Provider may update pricing by giving at least 30 days’ notice, and the change will apply to future usage after the notice period. No free trial is offered. Fees are exclusive of Taxes. Certain usage may be subject to carrier and regulatory pass-through surcharges (e.g., 10DLC, CNAM, E911, USF), which may change and are charged at cost. Provider’s call detail records (CDRs) are the system of record for calculating usage.
  • Payment Process: Customer must maintain a valid payment card on file. Customer authorizes Provider to charge the card (a) monthly in arrears for usage incurred during the prior month, and/or (b) in advance when Customer purchases minute credits or selects a prepaid usage amount, and/or (c) after usage if Customer exceeds any prepaid amount. If a charge fails, Provider may suspend access until payment is successful. If no payment method is on file, Provider may invoice monthly and Customer will pay each invoice within 30 days of receipt.
  • Non-Renewal Notice Period: Not applicable (no Subscription Period).

Key Terms

CustomerThe company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word “Customer” in the Agreement will mean that company.

ProviderAutophonix, LLC d/b/a ThunderPhone.

Effective DateThe date Customer first accepts this Agreement.

Governing LawThe laws of the State of California.

Chosen CourtsFor disputes not subject to arbitration under the Dispute Resolution section below, the state or federal courts located in California.

Covered Claims
  • Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon a third party’s intellectual property or other proprietary rights.
  • Customer Covered Claims: Any action, proceeding, or claim (1) that the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon a third party’s intellectual property or other proprietary rights; and (2) arising from or relating to Customer’s breach or alleged breach of Section 2.1 (Restrictions on Customer).

General Cap Amount1× the Fees paid or payable by Customer to Provider in the 12-month period immediately before the claim.

Notice AddressFor Provider: legal@thunderphone.com
For Customer: The main email address on Customer’s account

Attachments and Supplements

Changes to the Standard Terms

  • Data Protection. Provider processes Personal Data as described in the Data Processing Addendum at https://thunderphone.com/dpa, which is incorporated into and forms part of this Agreement.
  • No Emergency Services. The Service is not a replacement for 911/999 or other emergency services.
  • Recording & Consent. Customer is solely responsible for providing all legally required notices and obtaining all required consents for any call recording and transcription features.
  • Calling/Texting Compliance. Customer will comply with applicable communications laws and rules (including TCPA, telemarketing and opt-in/opt-out requirements, and Do-Not-Call restrictions). Provider may suspend the Service for violations.
  • Carrier/Network Dependencies. Delivery, quality, and availability may depend on third-party carriers and networks.
  • Billing Model (modifies Section 5.1 of the Standard Terms). There is no Subscription Period and no automatic renewal. The Agreement is effective as of the Effective Date and continues until terminated per the Standard Terms. Fees are usage-based as described in the Order Form.
  • Billing Disputes. Customer must notify Provider of any good-faith billing dispute within 30 days after the charge or invoice date; the parties will work together in good faith to resolve disputes. Undisputed amounts remain payable.

Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS AND AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO A JURY TRIAL.

  • Informal Resolution First. Before filing a claim, the party asserting a dispute will send written notice to legal@thunderphone.com describing the dispute and the relief sought. The parties will attempt in good faith to resolve the dispute within 30 days of the notice; either party may commence arbitration only after that period.
  • Binding Arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Cloud Service Agreement, or the Services, including their formation, interpretation, breach, or termination, and including whether a claim is subject to arbitration, will be finally resolved by binding arbitration administered by JAMS under its applicable rules (the Streamlined Arbitration Rules for claims under $250,000, the Comprehensive Arbitration Rules otherwise), by a single arbitrator, in San Francisco, California, in English. Hearings may be conducted by videoconference. The Federal Arbitration Act governs the interpretation and enforcement of this section. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Each party bears its own attorneys’ fees and its share of arbitration fees except where the applicable JAMS rules or law provide otherwise.
  • Exceptions. Either party may (a) bring an individual claim in small-claims court, or (b) seek injunctive or other equitable relief in the Chosen Courts for actual or threatened infringement or misuse of intellectual property or confidential information, or unauthorized access to the Services.
  • Class Action Waiver. All disputes must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
  • Jury Trial Waiver. To the extent any dispute proceeds in court rather than arbitration, each party knowingly and irrevocably waives its right to a trial by jury.
  • Severability. If the class action waiver is found unenforceable as to a particular claim, that claim, and only that claim, will proceed in the Chosen Courts, and the remainder will be resolved in arbitration.
  • Precedence. This section governs dispute resolution notwithstanding anything to the contrary in the Common Paper Cloud Service Agreement Standard Terms Version 2.1.