1. ACKNOWLEDGEMENT OF LIMITATIONS ON EMERGENCY SERVICES.
CUSTOMER ACKNOWLEDGES THAT CLARITY'S SERVICES AND ANY ASSOCIATED EQUIPMENT DO NOT SUPPORT 911 OR ENHANCED 911 (E911) EMERGENCY CALLING IN THE SAME MANNER AS TRADITIONAL LANDLINE TELEPHONE SERVICE. VOIP-BASED 911 CALLING IS FUNDAMENTALLY DIFFERENT FROM CONVENTIONAL 911, AND THESE DIFFERENCES MAY LIMIT THE ABILITY OF EMERGENCY RESPONDERS TO LOCATE OR RESPOND TO CALLS PLACED USING CLARITY'S SERVICES. THE SPECIFIC DIFFERENCES AND LIMITATIONS ARE OUTLINED IN THIS 911 STATEMENT AND INCORPORATED INTO CLARITY'S TERMS AND CONDITIONS. BY ACCEPTING THESE TERMS, CUSTOMER AGREES TO INFORM ALL END USERS AND POTENTIAL USERS OF THE SERVICES OF THE EMERGENCY CALLING LIMITATIONS DESCRIBED HEREIN. THIS INCLUDES EMPLOYEES, CONTRACTORS, VISITORS, OR ANY OTHER PERSONS WHO MAY ATTEMPT TO PLACE CALLS USING CLARITY-PROVIDED SERVICES. FAILURE TO NOTIFY END USERS OF THESE LIMITATIONS MAY RESULT IN SERIOUS INJURY OR DEATH FOR WHICH CLARITY SHALL NOT BE LIABLE. CUSTOMER ASSUMES FULL RESPONSIBILITY FOR PROVIDING ADEQUATE NOTICE AND SIGNAGE NEAR DEVICES USING THE SERVICES.
2. ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICES.
Clarity strongly advises Customer to maintain a separate, reliable means of accessing traditional 911, E911, or other emergency services, such as a landline or mobile phone service, at each physical location where Clarity Services are used. VoIP Services may be subject to power outages, internet disruption, or equipment failure, which could prevent the placement of 911 calls. Customer is solely responsible for ensuring that all users of the Services are aware of the need for and availability of an alternative method to contact emergency services in the event Clarity's Services are unavailable or impaired.
3. ELECTRICAL POWER DEPENDENCY.
Customer acknowledges that Clarity's Services require uninterrupted electrical power to function. If there is a power outage or failure, Customer will not be able to use the Services, including to place 911 or other emergency calls. After a power outage, Services may not automatically resume until power is fully restored and all required equipment is rebooted.
4. INTERNET CONNECTIVITY REQUIREMENT.
Customer acknowledges that Clarity's Services are delivered over the internet, and will not function if Customer's broadband or high-speed internet service is disrupted, degraded, or unavailable, for any reason. This includes, but is not limited to, outages, bandwidth congestion, firewall interference, or hardware failure.
5. INCOMPATIBILITY WITH NON-VOICE SYSTEMS.
Customer acknowledges that Clarity's Services are not configured to support outdialing or signaling features used in certain non-voice systems, including home or business security systems, medical monitoring devices, emergency alert systems, TTY/TTD equipment for hearing-impaired users, and satellite television or interactive entertainment receivers. These systems may be disrupted or rendered inoperable when used in conjunction with Clarity's Services. Customer agrees that Clarity shall have no liability for any interruption, failure, or malfunction of such systems, whether or not such failure is caused by the use of Clarity's Services.
6. REGISTRATION.
Customer agrees and acknowledges that, as a condition of subscribing to Clarity's VoIP Services, Customer must register the physical location of each device or endpoint from which Services will be used. Registration may be completed by calling Clarity Customer Service. Customer further agrees to update the registered location immediately if the device or endpoint is moved or otherwise relocated. Customer understands that Clarity's only method for routing emergency calls to the correct Public Safety Answering Point (PSAP) is through the physical address provided by the Customer. In the event this address is incorrect, outdated, or incomplete, Clarity may attempt to route emergency calls using the bill-to or ship-to addresses associated with the account — but Clarity makes no guarantee that such routing will be accurate.
7. FUNCTIONAL DIFFERENCES FROM TRADITIONAL 911 SERVICE.
Customer acknowledges that Clarity's Enhanced 911 (E911) Services have certain technical limitations that distinguish them from traditional, legacy circuit-switched 911 services. These limitations may make Clarity's E911 unsuitable as a sole or primary method for emergency calling in certain use cases. Customer agrees it is their sole responsibility to evaluate the suitability of Clarity's E911 Services for their business or household needs, and to implement any necessary backup access to emergency services, including but not limited to traditional landlines or mobile phones. Key limitations of Clarity's E911 Services include:
I. Dependency on Service and Equipment Functionality.
Clarity's E911 Services will not function if the Customer's equipment is misconfigured, inoperative, or otherwise unavailable. This includes, without limitation, failures caused by electrical outages, internet disruptions, or Service suspension due to billing or administrative issues. After a power outage, Customer may be required to manually reset or reconfigure devices to restore E911 functionality.
II. Limited Capabilities of Local Emergency Operators.
Some PSAPs (Public Safety Answering Points) may not have systems capable of receiving or displaying automatic location or number information from VoIP-originated calls. This means emergency operators may not be able to determine the caller's phone number or exact location, even if it has been registered with Clarity. Network congestion may also result in busy signals, call delays, or failure to connect to the PSAP.
III. Misrouting of Emergency Calls.
If Customer fails to correctly register the physical location of the Clarity Services or devices, any 911 or E911 calls may be misrouted to the wrong PSAP. In such cases, emergency responders may be delayed or dispatched to an incorrect location.
8. LIMITATION OF LIABILITY AND CUSTOMER INDEMNIFICATION.
CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT CLARITY SHALL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INTERRUPTION, FAILURE, OR INABILITY TO ACCESS 911, E911, OR ANY OTHER EMERGENCY SERVICES USING CLARITY'S SERVICES, INCLUDING ANY INABILITY TO CONNECT TO AN EMERGENCY SERVICES OPERATOR OR PSAP. THESE LIMITATIONS AND RISKS ARE INHERENT TO VOIP-BASED SERVICES AND ARE DETAILED IN THE PRECEDING SECTIONS OF THIS 911 STATEMENT. CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CLARITY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND ANY UNDERLYING SERVICE PROVIDERS FURNISHING SERVICES IN CONNECTION WITH CLARITY'S PLATFORM, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, FINES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO ANY FAILURE OR INABILITY TO PLACE 911, E911, OR OTHER EMERGENCY CALLS USING CLARITY SERVICES, ANY FAILURE OR DELAY IN THE ROUTING OR DELIVERY OF SUCH EMERGENCY COMMUNICATIONS, OR ANY THIRD-PARTY CLAIMS, INJURIES, OR LOSSES ARISING FROM THE INABILITY TO ACCESS EMERGENCY SERVICES THROUGH CLARITY SERVICES. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR TERMINATION OF CUSTOMER'S USE OF CLARITY SERVICES AND SHALL EXTEND TO ALL CLAIMS MADE BY OR ON BEHALF OF CUSTOMER, CUSTOMER'S END USERS, GUESTS, AGENTS, EMPLOYEES, OR ANY THIRD PARTIES.
WIRELESS SERVICES — EMERGENCY CALLING
APPLICABILITY. THE FOLLOWING PROVISIONS APPLY TO CLARITY'S WIRELESS AND MOBILE SERVICES. SECTIONS 3 (ELECTRICAL POWER DEPENDENCY), 4 (INTERNET CONNECTIVITY REQUIREMENT), 6 (REGISTRATION), AND 7 (FUNCTIONAL DIFFERENCES FROM TRADITIONAL 911 SERVICE) ABOVE APPLY TO CLARITY'S VOIP SERVICES AND DO NOT APPLY TO WIRELESS SERVICES. CUSTOMER MUST NOT RELY ON A REGISTERED SERVICE ADDRESS FOR EMERGENCY CALL ROUTING ON WIRELESS LINES.
W1. LOCATION-BASED ROUTING.
Emergency calls placed from a wireless line are routed to a Public Safety Answering Point ("PSAP") based on location information supplied automatically by the device and the underlying wireless network at the time of the call. Wireless lines do not use a registered service address for emergency call routing, and Customer is not required to register or update a physical address for wireless lines. Customer acknowledges and agrees, and shall ensure each assigned user is informed, that automatic location information from the device may be used as the emergency calling address for the duration of the call. The accuracy of that location information is determined by the device and the underlying carrier and is outside Clarity's control.
W2. DEFAULT ROUTING WHEN LOCATION IS UNAVAILABLE.
If automatic location information is not available at the time of an emergency call, the call may be routed to a default PSAP that does not serve the caller's actual location. In that event, the caller must state their location to the emergency operator. Customer shall inform all users of the Wireless Services of this limitation.
W3. COVERAGE, SIGNAL, AND DEVICE POWER.
Wireless Services, including emergency calling, require that the device be powered on, functional, and within an area of adequate network coverage. Emergency calls cannot be placed from a location without adequate signal, from a device with a depleted battery, or from a device that is otherwise inoperative. Network congestion may delay or prevent connection to a PSAP.
W4. TEXT-TO-911.
Text-to-911 is not available in all areas. Availability depends on whether the PSAP serving a given location has implemented text-to-911 capability. Customer and its users should not rely on text messaging to reach emergency services and should place a voice call to 911 where possible.
W5. MULTIPLE LINES, APPLICATIONS, AND WI-FI CALLING.
Where a device carries more than one active line, or where Wi-Fi Calling or a Clarity or third-party calling application is present on the device, the line or network used to place an emergency call, and the number a PSAP uses to return a call, are determined by the device, its operating system, and its configuration, rather than by Clarity. Where the device presents a choice between cellular and Wi-Fi Calling for an emergency call, the user should select cellular, which provides the greatest likelihood of reaching the PSAP serving the caller's location. Emergency calls placed over Wi-Fi Calling are supported only within the user's home country and will fail if internet connectivity is lost during the call. TTY is not supported over Wi-Fi Calling. Customer is responsible for verifying emergency calling behavior on each device configuration it deploys and for informing users of the behavior of their devices.
W6. ROAMING AND INTERNATIONAL USE.
Emergency calling while roaming is handled by the visited network and is outside Clarity's control. Emergency service numbers differ by country, and dialing 911 outside the United States may not reach local emergency services. Customer shall inform users who travel internationally that they are responsible for knowing the local emergency service number for their location.
W7. LIMITATION OF LIABILITY.
The limitation of liability and indemnification provisions in Section 8 of this 911 Statement apply in full to Wireless Services and to any failure, delay, misrouting, or inability to complete an emergency call placed using Wireless Services.