911 Disclosure Notice
Description: VoIP services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.
9-1-1 service: Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through your VoIP service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 9-1-1 emergency calls, and you hereby acknowledge and understand the differences between traditional 9-1-1 service and VoIP calls with respect to 9-1-1 calls placed to emergency services from your account as described below.
Placing 9-1-1 calls: When you make a 9-1-1 emergency call using an IP address located in Canada, the VoIP service will forward your call to a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you will be required to provide your name, address, and telephone number to the call centre.
How your information is provided: When making a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date. Unlike traditional wireline and other wireless phone services, we do not maintain physical location information on file and have no means, other than the IP address used to make the call, to determine if you are located in Canada when you make a call using our service. If the location of the IP address you use to make a call does not accurately identify that you are making a call in Canada (due, for example, to use of a VPN or proxy), your call may not be routed to the 9-1-1 call centre.
Disconnections: You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.
Connection time: For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.
9-1-1 calls may not function: For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:
Failure of service or your service access device - if your system access equipment fails or is not configured correctly, or if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 9-1-1 emergency calls; and changing locations - if you move your system access equipment to a location other than that described in your account information or otherwise on record with TextNow.
Alternate services: If you are not comfortable with the limitations of 9-1-1 emergency calls, TextNow recommends that you terminate the VoIP services or consider an alternate means for accessing traditional 9-1-1 emergency services.
Inform other users: You are responsible for notifying, and you agree to notify, any user or potential users of your VoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein.
Liability: You are advised to review TextNow’s limitations of liability with respect to its Canadian 9-1-1 service.
Limitations of Liability with Respect to VOIP 9-1-1 Service
In Canada, TextNow relies on third parties to assist in routing 9-1-1 calls to emergency response centres and/or a public safety answering point. TextNow does not have any control over whether, or the manner in which, calls making 9-1-1 dialing in Canada are answered or addressed by any emergency response centre and/or public safety answering point. TextNow disclaims all responsibility for:
The end-user’s ability to relay the nature or location of the emergency to the emergency response center answering any 9-1-1 call;
the ability of the end-user’s equipment or internet or data connection to connect to an emergency response centre and/or public safety answering point when making a 9-1-1 call; and,
the conduct of the emergency response centre and/or the public safety answering point, including if the data used by such third party to route the call is incorrect or yields an erroneous result.
Neither TextNow, its officers nor its employees may be held liable for any claim, damage or loss and
TextNow end-user hereby waives any and all such claims or causes of action, arising from or relating to TextNow’s service. TextNow end-user shall defend, indemnify and hold harmless, TextNow, its officers, directors, employees, affiliates, agents and assigns, and any other service provider who furnishes services to end-user in connection with the equipment, network, internet or data access, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, counsel fees), including claims based in negligence, gross negligence, wilful misconduct or recklessness, by or on behalf of end-user or any other third party relating to the absence, failure, or outage of the equipment, network, internet or data access including in respect of 9-1-1 dialing, routing, communication with or completion of 9-1-1 call to any emergency response centre and/or public safety answering point.
If TextNow end-users do not agree with the limitations on 9-1-1 service, TextNow end-users must ensure they have an alternative means of accessing traditional 9-1-1 services.