These Terms govern your use of Spoofey. Sections 5, 6 and 7 (your undertaking not to use the Service maliciously, the list of prohibited conduct, and the high-risk number blacklist) are the heart of this agreement. They are worth reading before you sign up rather than after.
These Terms of Service (the “Terms”) are a binding agreement between you and Machport LLC, a New Mexico limited liability company (“Spoofey”, “we”, “us”). They govern your access to and use of the Spoofey website, applications, APIs and calling services (together, the “Service”).
You can reach us by phone on +1 (519) 953-1226, by email at support@spoofey.com, or by post at 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, USA.
By creating an account, ticking the acceptance box at sign-up, purchasing credits, or placing a call through the Service, you accept these Terms and our Privacy Policy, which is incorporated by reference. If you do not accept them, do not use the Service.
If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation, and “you” means both you and that organisation.
To open or hold an account you must:
We may refuse, limit, or withdraw access to anyone, at any time, at our sole discretion, with or without cause.
You must provide accurate registration information and keep it current. You are responsible for everything that happens under your account, including all calls placed and all charges incurred, whether or not you authorised them.
Keep your credentials confidential and notify us immediately at security@spoofey.com if you suspect unauthorised access.
To open an account you must confirm your email address. Before you can place calls you must also register and verify a personal telephone number that you control (your “Registered Number”). We verify it by a means we choose, which may include an automated call to that number requiring you to enter a code shown on screen, or a code sent by message. We may re-verify it at any time. You represent and warrant on a continuing basis that:
We may restrict which numbers may be registered, may refuse numbers that cannot be reliably associated with a person, and may limit how often a Registered Number can be changed. Registering a number you do not control is a material breach of these Terms.
We do not require identity documents to open an ordinary account. We reserve the right, however, to require any of the following at any time as a condition of continued access, and in particular where our risk system flags an account, where spend or volume exceeds our thresholds, where a chargeback or payment dispute arises, or where we receive a complaint or a law-enforcement enquiry: government-issued identification; proof of address; proof of source of funds; business registration documents; re-verification of your Registered Number; or written authorisation from the subscriber of a caller ID you wish to present.
We may suspend your account and hold any call or payment pending completion of escalated verification. Refusing or failing it is grounds for immediate termination.
Spoofey is a callback bridge, not a web dialler. When you request a call:
Both legs are our calls, both are metered, and both are logged in full and may be recorded and monitored (see section 12), including your Registered Number, the destination number, the caller ID presented, and the timestamps and duration of each leg. Your own telephone number is therefore known to us on every call you make, and forms part of the record described in section 12. You should not use the Service on the assumption that your identity is concealed from us.
Your telephone service provider's own terms, charges and roaming rates apply to the first leg as they would to any other incoming call. We are not responsible for those charges.
We do not own or operate a telephone network. Both legs of every call are carried by third-party telecommunications providers under their own terms, routing policies and acceptable-use rules. Those providers may, without reference to us and without notice, block a call, alter or discard the caller ID presented, label a call as suspected spam or fraud, restrict a destination or number range, or withdraw a route entirely. Where an upstream provider imposes a restriction, we will apply it to you, and we may vary or discontinue any part of the Service as a result.
The Service is not a common carrier service, is not a substitute for a regulated telephone service, and does not provide number portability, directory listing, operator services, or telecommunications relay services unless we say so in writing.
Caller ID selection has legitimate uses: an organisation presenting its main published line rather than an extension or a mobile; a clinician or social worker calling from a personal handset; a person at risk who does not wish to disclose a private number; an agency calling on a client's behalf with that client's authority; testing and quality assurance of telephony systems.
You undertake, as a fundamental term of this agreement, that you will not use the Service maliciously. Specifically, you represent and warrant on each and every occasion you place a call that:
You acknowledge that in many jurisdictions the presentation of misleading caller ID information with intent to defraud, cause harm, or wrongfully obtain anything of value is a criminal or civil offence, including under the U.S. Truth in Caller ID Act (47 U.S.C. §227(e)) and the FCC rules made under it, the Telephone Consumer Protection Act, the Canadian Telecommunications Act and CRTC determinations, the UK Communications Act 2003, and equivalent legislation elsewhere. Compliance with those laws is your responsibility.
Almost everyone reading this has a perfectly ordinary reason for being here. This list exists because a small number of people do not, and because we would rather be specific than vague about where the line sits. You must not use the Service, or permit anyone else to use your account, to do or attempt any of the following. The list is illustrative rather than exhaustive.
Our forum, profiles, blog comments and direct messages are subject to the same standards. Do not post unlawful, infringing, hateful, sexual, harassing or deceptive content, and do not post another person's private information. We may remove any content and terminate any account at our discretion.
We operate a mandatory blacklist across all three numbers involved in a call: your Registered Number, the caller ID you present, and the destination you dial. Certain numbers and ranges may never be used in one or more of those positions. Attempts are rejected before the call is placed, logged, and scored against your account.
| Category | Treatment |
|---|---|
| Emergency and public-safety numbers (911, 112, 999, 000, 110, 119 and national equivalents), including non-emergency police lines | Blocked as destination and as caller ID |
| Government, military, court, tax, immigration, benefits and law-enforcement numbers | Blocked as caller ID |
| Banks, card schemes, payment providers, exchanges and other financial institutions | Blocked as caller ID |
| Hospitals, clinics, poison control, and crisis, suicide-prevention and abuse helplines | Blocked as caller ID and rate-limited as destination |
| Premium-rate, audiotext, revenue-share, satellite and high-cost international ranges | Blocked as destination and as Registered Number, since the first leg is a call we pay for |
| Numbers that cannot be reliably associated with an individual, including many disposable, virtual and second-line services | May be refused as Registered Number |
| Short codes, service codes and N11 codes | Blocked in both directions |
| Unallocated, invalid, reserved, test and drama/fictional ranges | Blocked as caller ID |
| Numbers in comprehensively sanctioned jurisdictions | Blocked in both directions |
| Numbers reported to us by a subscriber, carrier, regulator or law-enforcement body | Blocked on receipt of the report |
The blacklist is maintained by us, is not published in full, and changes without notice. Its scope is a floor and not a ceiling: a number not being blocked does not mean you are permitted to present it. The undertaking in section 5 applies to every call regardless of whether a filter caught it. Attempting to evade the blacklist (by reformatting, padding, prefixing, or substituting a number, or by any other means) is itself a material breach.
If you are the subscriber of a number that has been presented through our Service without your authorisation, contact abuse@spoofey.com and we will block it from presentation and investigate.
We operate an automated and manual anti-fraud risk system across the whole Service. It is a condition of your access that it applies to you.
The system evaluates signals including, without limitation: registration and device data; IP address, network reputation and geolocation; the relationship between the caller ID presented and the destination dialled; call volume, frequency, duration, dispersion and answer patterns; sequential or pattern dialling; destination and origin risk scores; payment behaviour and funding source; account age and history; correlations with other accounts; reports from called parties, subscribers, carriers, industry traceback bodies, regulators and law enforcement; and any other signal we consider relevant.
Where the system or our staff identify elevated risk, we may take any of the following steps, immediately and without prior notice:
We are not obliged to explain a risk decision, to disclose the signals or thresholds behind it, or to give advance warning, and doing so may be unlawful or may prejudice an investigation. Risk controls are applied for our protection and the protection of the public; they are not a compliance service for you, they do not vet or approve your calls, and they do not reduce your responsibility under section 5. The absence of an intervention is not approval of anything you have done.
To the maximum extent permitted by law, we accept no liability of any kind for any loss, cost, delay, missed call, business interruption or other damage arising from any action, inaction, error or false positive of the risk system, whether automated or manual.
The Service is prepaid. You buy credits, and calls consume credits at the rates shown at the time of the call. Both legs of a call are metered (the leg to your Registered Number and the leg to the destination), and both are charged from the moment they connect, including where the destination answers with voicemail. Rates and minimum top-ups may change; the rate applied is the one in effect when the call is placed.
Credits are a prepaid balance for use on the Service. They are not money, not a deposit and not electronic money, they carry no interest, and they are personal to your account. They do not expire while your account is in good standing.
We would always rather sort a problem out with you directly than have you dispute a payment, so our policy is deliberately straightforward:
Two limits, and they are the only ones:
Nothing here affects any refund or cancellation right you have under mandatory consumer law in your country of residence, including any statutory cooling-off period, and those rights apply whatever this section says.
If something has gone wrong, please contact us before raising a chargeback. A disputed payment freezes the account automatically while it is investigated, which is slower and more annoying for you than a refund. You are responsible for taxes other than taxes on our net income.
You may close your account at any time from your settings. Closing your account does not entitle you to a refund of unused credits.
We may suspend or terminate your access immediately and without notice if we believe, on reasonable grounds, that you have breached these Terms; that your account is being used unlawfully or to harm another person; that continued access exposes us, our carriers or the public to legal, regulatory, financial or reputational risk; or that we are required to do so by a carrier, regulator, court or law-enforcement body.
On termination, your licence to use the Service ends immediately. Sections 5, 6, 11, 12, 13, 14, 15, 16 and 17 survive termination, together with any provision that by its nature should survive.
The Service, including its software, design, text, graphics and branding, belongs to us or our licensors and is protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service in accordance with these Terms. Nothing else is granted.
You retain ownership of content you submit: forum posts, messages, profile details. You grant us a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, adapt and display that content solely to operate, secure and improve the Service, and to comply with law. You are responsible for having the rights to everything you submit.
If you believe content on the Service infringes your copyright, send a notice with the information required by the DMCA to legal@spoofey.com.
We keep detailed records of use of the Service, including call detail records for both legs of every call: your Registered Number, the caller ID presented, the destination dialled, timestamps, duration, disposition, originating IP address and account identifiers. Because the Service calls you before it calls anyone else, a verified telephone number reachable by you is attached to every call in our records. Retention periods are set out in the Privacy Policy.
We may record and monitor any call placed through the Service, including both legs and any audio carried on them, and we may store those recordings. We do this to operate and support the Service; to meter calls and resolve billing and disputes; to detect, investigate and prevent fraud, abuse and misuse of the Service; to protect the safety, rights and property of any person; to assure and improve service quality; and to comply with law and with a valid request from a carrier, regulator, court, industry traceback body or law-enforcement agency. Recordings are held for the periods set out in the Privacy Policy, are accessible only to personnel who need them for those purposes, and are otherwise disclosed only as described in this section 12.
You consent to that recording, monitoring and storage, on your own behalf and on behalf of anyone you allow to use your account. A recording may capture a ringback tone, an automated attendant or interactive-voice-response system, a voicemail greeting, and any message left or played back on the call; you consent to that audio being captured as part of the call.
The consent of every other participant is your responsibility. You represent and warrant that, for every call, you have obtained — or before the call will obtain — every consent to the recording and monitoring of that call that the law of every relevant jurisdiction requires from every other participant, including where any participant is in a one-party, two-party or all-party (all-participant) consent jurisdiction. We are not a participant in your calls for the purpose of giving that consent, and nothing we do relieves you of obtaining it or of giving any recording notice or announcement the law requires. Section 15 (Indemnity) applies to any claim arising from a missing or defective consent, including any claim under a wiretapping, eavesdropping or call-recording statute.
The Service is not a means of intercepting communications you are not entitled to receive. You must not use it to reach, enter, listen to, alter or delete the voicemail, mailbox, messages or account of any person other than yourself without that person’s authorisation, or to defeat, bypass or guess any passcode, caller-ID check or other access control on a voicemail or messaging system. That conduct is a serious breach of section 6 and, in most jurisdictions, a criminal offence for which you alone are responsible; where we detect it we will terminate the account, preserve the records and recordings, and cooperate with the affected person, their carrier and law enforcement as set out above.
We cooperate fully with law enforcement, regulators, carriers and industry traceback bodies. We will preserve and disclose records and recordings where we are legally required to, where we receive a valid legal request, where we believe in good faith that disclosure is necessary to prevent or investigate fraud or a crime, or where necessary to protect the rights, property or safety of any person. Where a call is traced back to your account, your identifying and account information may be disclosed. Unless prohibited from doing so, we may (but are not obliged to) notify you.
Please use the Service on the understanding that it is logged and recorded, and that those logs identify you. We think it is fairer to say so plainly than to let you assume otherwise.
The Service is provided “as is” and “as available”, without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade.
We do not warrant that the Service will be uninterrupted, timely, secure or error-free; that any call will connect, complete, or present the caller ID you selected; that call quality will be adequate for any purpose; that any number will be reachable; or that defects will be corrected. Call delivery and caller ID presentation depend on third-party carriers, the terminating network, and the called party's handset and analytics services, and are outside our control. Calls may be blocked, labelled as spam or suspected fraud, or have their caller ID replaced or discarded by networks in the call path.
Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions our liability is limited to the minimum extent permitted by law.
To the fullest extent permitted by law, neither we nor our officers, employees, contractors, suppliers or carriers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, business, goodwill, opportunity, anticipated saving or data, arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), strict liability or otherwise, and whether or not we were advised of the possibility of such damages.
Our total aggregate liability for all claims arising out of or in connection with these Terms or the Service is limited to the greater of (a) the total amount you paid us in the three (3) months immediately preceding the event giving rise to the claim, or (b) fifty United States dollars (US$50).
We are not liable for any inability to reach emergency services, for any act or omission of a called party or a third-party carrier, for the consequences of any call you place, or for any regulatory or criminal consequence you incur through your use of the Service.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.
You will defend, indemnify and hold harmless Spoofey and its officers, directors, employees, contractors, agents, suppliers and carriers from and against any and all claims, demands, actions, investigations, proceedings, losses, liabilities, damages, fines, penalties, forfeitures, settlements, costs and expenses (including reasonable legal fees and the costs of responding to regulatory or law-enforcement enquiries) arising out of or relating to:
We may assume exclusive control of the defence of any matter subject to indemnification by you, at your expense, and you will cooperate with us. You will not settle any matter in a way that imposes any obligation or admission on us without our prior written consent.
The Service is offered from the United States. We make no representation that the Service, or your intended use of it, is lawful in the country you are in or in the country you are calling. Access from territories where the Service would be unlawful is prohibited, and you are responsible for determining whether that applies to you before you use it.
We restrict the destinations that can be dialled through the Service. The permitted-destination list is maintained by us, is published in-product, and changes without notice. Destinations may be withdrawn at any time (including entire countries) where we determine that the regulatory, carrier or fraud risk of carrying that traffic is unacceptable, or where an upstream provider withdraws the route.
You must not attempt to reach a restricted destination by any means, including transit numbers, forwarding services, call-through services, or numbers that redirect to a restricted country. Doing so is a material breach and will result in termination and forfeiture of credits.
Credits are not refundable on the ground that a destination has become unavailable.
These Terms are governed by, and construed in accordance with, the laws of the State of New Mexico and applicable United States federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Nothing in this section limits the application of the law of any place into which you place a call. Your obligations under sections 5 and 6 are owed under the law of every jurisdiction your call touches, and the choice of New Mexico law between you and us has no effect on that.
Before starting any proceeding, you agree to contact legal@spoofey.com with a written description of the dispute and to negotiate in good faith for at least thirty (30) days.
Except for claims for injunctive relief or claims that may be brought in a small-claims court, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in force, seated in Albuquerque, New Mexico, before a single arbitrator, in English.
You and we each waive any right to a jury trial and agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person's claims.
These provisions apply only to the extent permitted by the law applicable to you. Consumers resident in the EU, UK or other jurisdictions with mandatory local protections retain any right to bring proceedings in their local courts and to rely on mandatory provisions of their local law.
We may amend these Terms at any time by posting an updated version with a new effective date. Material changes will be notified by email or in-product notice where reasonably practicable. Continued use after the effective date constitutes acceptance. If you do not accept a change, stop using the Service and close your account.
You represent that you are not subject to sanctions and that you will not use the Service in or for the benefit of any sanctioned country, entity or individual, or for any purpose prohibited by applicable export-control law.
You may not assign or transfer these Terms without our prior written consent. We may assign them freely, including in connection with a merger, acquisition or sale of assets.
The Service depends on third-party carriers. We may add, change, restrict, suspend or discontinue any feature, destination, route or rate at any time, including where an upstream provider requires it. We will give notice where reasonably practicable, but where a change is required for legal, regulatory, security or carrier-compliance reasons we may make it immediately.
We are not liable for any failure or delay caused by events beyond our reasonable control, including carrier failure, carrier withdrawal or suspension of a route, network outage, regulatory action, cyber-attack, natural disaster, war or civil disturbance.
If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will continue in force. A failure to enforce any provision is not a waiver of it. These Terms, together with the Privacy Policy and any policies referenced in them, are the entire agreement between you and us and supersede all prior understandings.
We may give notice by email to the address on your account or by posting in the Service. You must give notice to legal@spoofey.com.
Machport LLC, 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, USA. Phone: +1 (519) 953-1226.
General: support@spoofey.com. Abuse reports: abuse@spoofey.com. Legal and law-enforcement requests: legal@spoofey.com.
Questions about this document? Write to legal@spoofey.com. See also the Privacy Policy.