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Terms of Service

The contractual terms under which Callivex provides wholesale voice services. These terms incorporate the Acceptable Use Policy, Anti-Fraud Policy, SLA, and Data Processing Agreement by reference.

Effective date: 1 January 2026 · Version: 1.0

Operator: Lunatoria Prime LTD (Company No. 16859261), trading as Callivex, registered at 13 Hawley Crescent, London NW1 8NP, United Kingdom ("Callivex," "we," "us"). The customer ("you") is the legal entity identified at account opening.

1. Definitions

2. Provision of service

Subject to your acceptance of these Terms, the AUP, the Anti-Fraud Policy, and the executed Order, Callivex will provide the Service. The Service is provided on a "best-effort with SLA" basis as described in the SLA.

Callivex provides the Service from its production environment. Onboarding, traffic forecasting, and KYC are commercially material conditions; misrepresentation may invalidate the Order.

3. Customer obligations

4. Service caps and traffic management

Each Account has a per-Account simultaneous-channel cap, a calls-per-second cap, and where applicable, hourly and daily spend ceilings. Callivex enforces these caps technically. Callivex may apply additional throttling or temporary blocks in response to anomaly detection, suspected fraud, regulator requirement, or upstream-carrier instruction.

5. Acceptable use, fraud, and suspension

The AUP and Anti-Fraud Policy form part of these Terms. Material breach of either is grounds for suspension or termination as described in those policies. Callivex may suspend the Service immediately, without prior notice, where reasonable grounds exist to believe a serious breach is occurring.

6. Charges and payment

6.1 Rates

Rates are as set out in the Order or, where missing from the Order, the rate plan associated with the Account. Rates may be updated by Callivex on at least seven (7) days' notice for material increases; rate decreases take immediate effect.

6.2 Billing model

Default billing is prepaid: balance must be funded before traffic is carried. Calls are billed per second of connected duration. Postpaid Net-15 or Net-30 terms may be granted at Callivex's discretion after sustained clean traffic and credit checks.

6.3 Invoicing and disputes

Invoices are issued monthly with CDR backup. Billing disputes must be raised in writing within 30 days of invoice date with CDR-level evidence; undisputed amounts remain payable. Late payment may incur interest at 4% above the Bank of England base rate per annum and may trigger suspension.

6.4 Refunds

Service charges are non-refundable except where Callivex has materially failed to provide the Service. Unused prepaid balances on terminated accounts are refundable less reasonable carrier-reconciliation costs and any liabilities arising from breach.

7. Service levels

The SLA defines availability targets, scheduled maintenance windows, and service credits. Service credits are the sole and exclusive remedy for SLA breach unless otherwise required by law.

8. Term and termination

8.1 Term

These Terms apply from Account activation until terminated. The Order specifies any minimum-term commitment. In the absence of a minimum term, either party may terminate on thirty (30) days' written notice.

8.2 Termination for breach

Either party may terminate immediately on the other's material breach not cured within fourteen (14) days of written notice (zero days for AUP, Anti-Fraud, or payment breach).

8.3 Effect of termination

On termination: outstanding charges become due; Callivex de-provisions the Account within five (5) business days; data is retained per the Privacy Policy retention schedule; numbers are released or, on customer request, ported in line with regulator rules.

9. Liability

9.1 Cap on liability

To the maximum extent permitted by law, each party's total aggregate liability arising under or in connection with the Service in any twelve (12) month period is capped at the greater of (a) charges paid by the customer to Callivex in that period or (b) GBP 10,000.

9.2 Excluded losses

Neither party is liable for loss of profit, revenue, anticipated savings, business opportunity, goodwill, or any indirect or consequential loss, except where such exclusion is unenforceable under English law.

9.3 Carve-outs

Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be limited under applicable law.

10. Indemnities

You will indemnify Callivex against third-party claims arising from your or your sub-accounts' breach of the AUP or Anti-Fraud Policy, your unlawful conduct, or your infringement of third-party rights.

11. Confidentiality

Each party will protect the other's confidential information disclosed in connection with the Service using reasonable measures and at least the same standard of care it applies to its own confidential information. Disclosure is permitted to legal advisors, regulators, and affiliates bound by equivalent obligations.

12. Data protection

Where the Service involves processing of personal data, the Data Processing Agreement at /legal/dpa.html applies. Customers acknowledge and accept the privacy practices described in our Privacy Policy.

13. Force majeure

Neither party is liable for failure to perform caused by circumstances beyond reasonable control, including but not limited to upstream-carrier outage, internet backbone failure, regulator action, sanctions enforcement, war, terrorism, pandemic, or natural disaster, provided the affected party notifies the other promptly and works in good faith to resume performance.

14. Assignment

Neither party may assign these Terms without the other's written consent, except that either party may assign to an affiliate or to a successor in connection with a merger, acquisition, or sale of substantially all assets.

15. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, except that Callivex may bring proceedings in any jurisdiction where the customer has assets or operates.

16. Notices

Formal notices must be sent in writing to compliance@callivex.com (Callivex) or to the email recorded for the customer at account opening. Notices are deemed delivered on the next business day after sending.

17. Entire agreement

These Terms, together with the AUP, Anti-Fraud Policy, SLA, DPA, Privacy Policy, and the executed Order, constitute the entire agreement between the parties and supersede all prior agreements on the same subject matter.

18. Changes

We may update these Terms to reflect operational, legal, or regulatory developments. Material changes will be notified by email and via the service portal at least fourteen (14) days before taking effect.

19. Contact

Lunatoria Prime LTD, 13 Hawley Crescent, London NW1 8NP, United Kingdom · compliance@callivex.com