Terms of Service
You cannot reach 911, 112, 999 or any other emergency service through Ferry. Always use your regular mobile carrier or a landline for emergencies. On iPhone, dialing an emergency number in the app hands the call to your iPhone's own Phone app, which uses your carrier; this only works if your phone has carrier service. Do not rely on Ferry as your only phone.
These terms are an agreement between you and Montauk Analytics Inc. ("Montauk", "we", "us") about your use of the Ferry apps, website and phone service (the "Service"). By creating an account or using the Service, you agree to these terms and to our Privacy Policy. If you don't agree, don't use the Service.
1. The Service
Ferry gives you one or more US or Canadian phone numbers ("lines") that you can use to make and receive calls and texts over the internet, on iPhone, Android and the web. Calls can be recorded, transcribed and summarized by AI. The Service needs a working internet connection; call quality depends on your connection and on networks we don't control.
2. No 911 or emergency calls
The Service does not support 911, E911 or any other emergency calling, in any country. We do not provide your location to emergency services, and calls to emergency numbers will not be connected through Ferry.
You agree to keep another way to reach emergency services, such as a mobile phone with carrier service or a landline, and to tell anyone who may use your Ferry line that it cannot call 911. Where the app hands an emergency number to your device's built-in phone, that call is placed by your mobile carrier, not by us, and depends on your device having carrier service. We are not liable for any harm caused by the inability to reach emergency services through the Service.
3. Who can use it
You must be at least 18 years old and able to form a binding contract. You may not use the Service if you are barred from doing so under US law or the law of where you live, or if we have previously terminated your account. If you use the Service for a business, you agree to these terms on its behalf and confirm you have authority to do so.
4. Your account
- You must give accurate information, including a mobile number you control, which we confirm by text message.
- You are responsible for everything that happens under your account and for keeping your sign-in secure. Tell us right away if you think someone else is using it.
- To prevent abuse, new accounts can start contact with a limited number of new people each day until an identity check (run by Stripe Identity) is completed. International calling is off by default. We may change these safeguards.
5. Plans, allowances and fair use
Each plan includes an allowance of call minutes and texts, shown on our pricing page and in the app. Monthly plans reset each billing month. Yearly plans include one pool for the whole year that resets on your renewal date. Unused minutes and texts don't roll over.
- Minutes count calls in both directions and are rounded up to the next whole minute per call. Texts count in both directions, one per message part.
- Allowances are shared across all lines on your account.
- When an allowance runs out, incoming calls and texts still arrive, but outgoing calls and texts stop until your allowance resets or you upgrade.
- Allowances belong to your plan, not to each line. Monthly plans include: Starter 600 minutes and 500 texts, Grow 1,000 minutes and 600 texts, Power 1,500 minutes and 1,000 texts. Yearly plans include: Starter 7,200 minutes and 6,000 texts, Grow 12,000 minutes and 7,200 texts, Power 18,000 minutes and 12,000 texts. Nothing is unlimited. The Service is meant for normal person-to-person business and personal use, and we may review accounts whose use looks automated or abusive.
6. Subscriptions and billing
- Auto-renewal. Subscriptions renew automatically at the end of each monthly or yearly period, at the then-current price, until you cancel. You authorize the charge for each renewal.
- Where you pay. If you subscribe in the iPhone app, Apple bills you through the App Store. If you subscribe in the Android app, Google bills you through Google Play. If you subscribe on our website, Stripe processes your payment on our behalf. Apple's and Google's terms also apply to purchases made through them.
- Extra lines are billed as an add-on subscription.
- Taxes. Prices do not include tax. Apple, Google and our web checkout add applicable sales tax when you pay, and web bills may also add telecom taxes and fees (such as state 911 and Universal Service Fund charges) based on your billing address.
- Price changes. We will give you notice before a price change applies to your subscription, as required by Apple, Google or law, and you can cancel before it takes effect.
- Failed payments. If a payment fails, we may limit outgoing calls and texts until it is resolved.
7. Free trial
New customers may get a 7-day free trial, which includes up to 30 call minutes. When the minutes run out, outgoing calls stop until the paid subscription starts. Unless you cancel at least 24 hours before the trial ends, your subscription starts and you are charged for the plan you chose. One free trial per person: we may decline a trial if your email or mobile number has already been used for one.
8. Cancellation and refunds
- App Store: cancel in your iPhone's Settings > your name > Subscriptions. Refunds are handled by Apple under its policies.
- Google Play: cancel in the Play Store app > Payments & subscriptions. Refunds are handled by Google under its policies.
- Web: cancel in the app at Settings > Plan, or contact us.
When you cancel, you keep access until the end of the period you paid for, and you won't be charged again. Except where the law requires otherwise, payments are non-refundable and we don't give refunds or credits for partly used periods or unused minutes and texts.
Deleting your account does not cancel an App Store or Google Play subscription; cancel it in your store settings.
9. Call recording and consent
The Service records calls so it can transcribe and summarize them. Laws about recording calls differ between US states and countries, and some require consent from everyone on the call.
- By default, every call starts with an announcement, "This call is recorded," that both sides hear before the conversation begins.
- If you turn the announcement off, or otherwise change how recording works, you are solely responsible for telling the other people on the call and getting any consent required by law where you and they are.
- You must not use the Service to record anyone unlawfully. You are responsible for how you use, share and keep recordings, transcripts and summaries.
10. What you can't do
You agree not to use the Service to:
- send spam or unsolicited bulk texts, or make robocalls, auto-dialed or pre-recorded calls without the consent the law requires (including under the TCPA and CAN-SPAM);
- spoof caller ID, or hide or misrepresent who you are to defraud or cause harm;
- harass, threaten, stalk or abuse anyone;
- record calls illegally;
- commit fraud, scams or phishing, or sell or promote anything illegal;
- break any law, including telecom, privacy, consumer protection and export laws;
- resell the Service, or run call centers, auto-dialers, SIM-box or traffic-pumping schemes;
- try to get around allowances, limits or safeguards, open accounts to get repeat free trials, or interfere with or reverse engineer the Service.
We may block calls or texts, pause lines, or suspend accounts that show signs of abuse, such as many short outbound calls, low answer rates, or identical texts to many people.
11. Phone numbers and porting
- We assign phone numbers from our telecom providers. You don't own the number, but you may use it while your account is active and in good standing.
- We may need to change a number if required by law, a regulator or our provider; we'll tell you in advance when we can.
- Porting out: you may move your number to another carrier while your account is active. Contact us for the account details your new carrier needs. Port-out requests must come from the account holder.
- If your subscription ends or your account is deleted, your numbers may be released 30 days later and may be reassigned to someone else.
12. Transcripts and AI summaries
Transcripts and summaries are generated automatically and may contain mistakes, including wrong names, numbers, prices or dates. They are not a legal record of the call. Check anything important against the recording before you rely on it.
13. Your content
You keep ownership of your recordings, messages, transcripts and other content. You give us permission to store, process and transmit it only as needed to run the Service for you, as described in our Privacy Policy. We don't use it to train AI models. You confirm you have the rights needed to give us that permission.
14. Suspension and termination
You can stop using the Service and delete your account at any time (see how to delete your account). We may suspend or end your access, with or without notice, if you break these terms, if we must do so by law or at the request of a carrier or regulator, if your use creates risk or harm for others, or if we stop offering the Service. If we end the Service for reasons other than your breach, we will refund any prepaid fees for the unused period of a web subscription. Sections that by their nature should survive (such as payment obligations, disclaimers, limitation of liability, indemnity and governing law) survive termination.
15. Disclaimers
The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the Service will be uninterrupted, error-free or secure, that every call or text will connect or be delivered, or that recordings, transcripts or summaries will be complete or accurate.
16. Limitation of liability
To the fullest extent the law allows, Montauk and its officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunities, arising from or related to the Service, including any inability to reach emergency services. Our total liability for any claim related to the Service is limited to the greater of the amount you paid us in the 12 months before the claim, or US $100.
Some places don't allow some of these limits, so they may not apply to you. Nothing in these terms limits liability that cannot be limited by law.
17. Indemnity
You will defend and indemnify Montauk against claims, losses and costs (including reasonable legal fees) arising from your misuse of the Service, your breach of these terms, or your violation of any law or anyone's rights, including recording someone without required consent.
18. Governing law and disputes
These terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Delaware, and you and we consent to their jurisdiction. If you are a consumer living outside the US, you may also have the benefit of mandatory consumer protection laws where you live.
19. Changes
We may update these terms. If a change is significant, we'll tell you in the app or by email before it takes effect. If you keep using the Service after that, you accept the new terms. If you don't agree, cancel and stop using the Service.
20. Contact
Montauk Analytics Inc.
Email: [email protected]
Postal address: [to be added]
Other things: if any part of these terms can't be enforced, the rest still applies. Our not enforcing a term is not a waiver. You may not transfer these terms without our consent; we may transfer them as part of a merger, acquisition or sale of assets. These terms and the Privacy Policy are the whole agreement between us about the Service.