Terms and Conditions

These Terms and Conditions (“Agreement”) constitute a binding legal agreement between FIBERME Communications LLC (“FIBERME,” “Company,” “we,” “us,” or “our”) and the individual or entity accessing, using, or purchasing products and services from FIBERME (“Customer,” “User,” “you,” or “your”).

By accessing, browsing, or using any FIBERME website (including but not limited to www.fiberme.com and www.fiberme.cloud) or purchasing any FIBERME products or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety. If you do not agree to these terms, please do not use our websites or services.

FIBERME reserves the right to modify these Terms and Conditions at any time without prior notice. Continued use of FIBERME websites, products, or services following any modifications constitutes your acceptance of the updated terms. It is your responsibility to review these Terms and Conditions periodically for changes.

2.1 Hardware Products

FIBERME manufactures and distributes enterprise-grade VoIP and unified communications hardware products, including but not limited to:

• IP Phones (including FAP2714, FAP2733, and similar models)
• IP PBX Systems (including FCM7030, FCM5600, and similar models)
• FXO Gateways
• FXS Gateways
• E1 Gateways
• GSM Gateways
• Call Center Headsets
• Business Bluetooth Headsets
• Other VoIP and unified communications equipment

All hardware products are manufactured to the highest quality standards and are designed for enterprise deployment across various business sectors.

2.2 Software and Cloud Services

FIBERME provides the following software and cloud-based services:

FRC (FIBERME Remote Connect): A cloud-based remote access solution enabling secure remote registration and connectivity for IP PBX systems.

FCM Soft: Call Manager software providing call management functionality with configurable limitations on local and remote concurrent calls based on subscription level.

SWai: An artificial intelligence service providing voice and communication intelligence capabilities.

NEXUSAGE: Software solution enabling integration of third-party SIP PBX systems with FIBERME cloud infrastructure for remote registration functionality.

3.1 Warranty Coverage

All FIBERME hardware products include limited warranty protection. Warranty periods vary by product model and are specified at the time of purchase and in the product documentation. Warranty duration is model-specific and is determined solely by FIBERME.

3.2 Warranty Limitations

Warranty coverage is limited to:

• Manufacturing defects in materials and workmanship
• Failure under normal use conditions
• Defects identified during the active warranty period

Warranty does NOT cover:

• Damage resulting from improper installation, use, or maintenance
• Damage from power surges, electrical problems, or environmental factors
• Damage from unauthorized modifications or repairs
• Damage from accidents, misuse, or negligence
• Normal wear and tear
• Cosmetic damage that does not affect functionality

3.3 Return Merchandise Authorization (RMA)

FIBERME provides Return Merchandise Authorization (RMA) warranty service for defective hardware during the active warranty period only. The RMA process operates as follows:

• Customer must contact FIBERME Technical Team to request evaluation of the allegedly defective hardware
• FIBERME Technical Team will assess the hardware and determine whether the defect qualifies for RMA coverage
• RMA coverage is provided only upon written approval from FIBERME Technical Team
• RMA service must be coordinated through an authorized local distributor of FIBERME in your region
• FIBERME will not provide RMA services for hardware outside the active warranty period
• RMA does not include shipping costs unless explicitly stated in writing by FIBERME

3.4 Warranty Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, FIBERME MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FIBERME DISCLAIMS ANY WARRANTY THAT HARDWARE WILL BE ERROR-FREE OR UNINTERRUPTED.

4.1 Free FRC Service Tier

FIBERME provides complimentary FRC service with the following limitations:

• Hardware Users: Customers using FIBERME IP PBX hardware receive 2 free remote concurrent calls
• Software Users: Customers using FCM Soft or NEXUSAGE receive 1 free remote concurrent call
• Free service includes remote access functionality only; additional features may require paid subscriptions

4.2 Free Service Modifications

FIBERME reserves the right to modify, reduce, or eliminate the number of free remote concurrent calls at any time without prior notice to customers. Such modifications may be implemented immediately and without compensation or alternative options.

4.3 Paid FRC Plans

#### 4.3.1 Plan Availability and Eligibility

Paid FRC plans are available for purchase through FIBERME websites. Paid plans are compatible with:

• FIBERME FCM5600 Series IP PBX hardware
• FIBERME FCM7000 Series IP PBX hardware
• FCM Soft software, and NEXUSAGE

Paid plans are NOT compatible with other hardware or software systems.

#### 4.3.2 Plan Structure and Subscription Tiers

All FRC paid plans are structured in four subscription tiers:

• 1 Month
• 3 Months
• 6 Months
• 12 Months

Upon initial subscription, the customer must select the appropriate tier. The subscription tier cannot be changed after subscription commences. Tier changes are only permitted after the subscription expires; the customer may select a different tier upon renewal.

#### 4.3.3 Plan Downgrades

If a customer fails to renew an expiring paid FRC plan, the account will be automatically downgraded to the applicable free FRC service tier as described in Section 4.1.

#### 4.3.4 Plan Renewals and Upgrades

Customers may renew expiring paid plans at any time using the same subscription tier. Customers may also upgrade to a higher-tier plan at any time; in such cases, FIBERME will calculate a prorated charge for the remaining portion of the original subscription period, and the customer will pay only the difference between the old and new plan pricing.

#### 4.3.5 Plan Pricing and Modifications

• All plan prices are displayed in US Dollars (USD) on FIBERME websites
• Billing and payment collection occur in United Arab Emirates Dirhams (AED)
• FIBERME reserves the right to modify plan pricing, concurrent call allocations, or plan features at any time without prior notice
• Existing customers with active paid plans may continue service under their existing terms until the subscription expiration date
• Upon renewal, updated pricing and terms will apply
• Customers who do not wish to accept updated pricing or terms may allow their subscription to expire without renewal

4.4 Pricing, Fees, and Payment Terms

#### 4.4.1 Currency and Payment Processing

• FRC plans are priced in USD but charged in AED at FIBERME’s current conversion rate
• FIBERME may assess online payment processing fees of 2% to 4% on all transactions
• All payments must be made through FIBERME’s authorized payment processors
• Payment is non-refundable once processed

#### 4.4.2 Value-Added Tax (VAT)

• Customers located within the United Arab Emirates are subject to applicable VAT
• VAT will be calculated and added to the final invoice amount
• FIBERME is responsible for remitting VAT to appropriate authorities

#### 4.4.3 No Refunds

FIBERME will not provide refunds or credits for FRC service fees under any circumstances, including but not limited to:

• Service suspension or downtime
• Service cancellation
• Change of plans or tiers
• Customer dissatisfaction with service quality
• Non-use of allocated remote concurrent calls

4.5 Service Availability and Maintenance

#### 4.5.1 Uptime Guarantee

FIBERME guarantees that FRC service will maintain 99% uptime and availability over any calendar month period, calculated as the percentage of time the service is operational and accessible.

#### 4.5.2 Maintenance and Upgrades

Notwithstanding the uptime guarantee, FIBERME reserves the right to suspend or interrupt FRC service at any time for:

• Scheduled maintenance
• System upgrades
• Implementation of new features
• Security patches
• Infrastructure improvements

FIBERME will provide email notification to all affected customers prior to any planned temporary service suspension, when operationally feasible.

#### 4.5.3 Unscheduled Outages

FIBERME will make commercially reasonable efforts to restore service following any unscheduled outages. FIBERME shall not be liable for any damages, losses, or costs incurred during service interruptions.

4.6 Service Suspension and Termination

FIBERME reserves the right to suspend or terminate FRC service for any user or customer at any time, for any reason or without reason, including but not limited to:

• Suspected illegal use of the service
• Violation of these Terms and Conditions
• Non-payment of service fees
• Use of service in violation of applicable law
• Detection of unauthorized access or account compromise
• Use of service for purposes other than those authorized in the product documentation

Service suspension may be immediate and without prior notice in cases where FIBERME determines that continued service operation poses a security or legal risk.

4.7 Subscription Month Definition

For all FRC service billing purposes, one (1) subscription month is defined as a period of thirty (30) calendar days, regardless of the calendar month in which the subscription begins or ends.

5.1 Free FCM Soft Version

FCM Soft is available as a free software download and installation on customer systems. The free version includes limitations on:

• Local concurrent calls
• Remote concurrent calls
• Number of users

These limitations are designed to allow evaluation and small-scale deployment.

5.2 Paid FCM Soft Subscriptions

#### 5.2.1 Purpose and Scope

Paid FCM Soft subscriptions permit customers to increase local concurrent calls, remote concurrent calls, and user capacity beyond the free version limitations. Subscription details and pricing are published on FIBERME websites.

#### 5.2.2 Licensing and Installation

• FCM Soft paid subscriptions are licensed on a per-service or per-virtual machine (VM) basis
• Each paid subscription is valid for one (1) dedicated service instance or VM only
• FIBERME reserves the right to immediately terminate any subscription if evidence indicates the subscription is being used simultaneously across multiple devices or service instances

#### 5.2.3 One-Time Fee Structure

FCM Soft paid subscriptions are charged as a one-time fee for lifetime access to the specific service instance or VM on which the subscription is activated. This fee is non-refundable and non-transferable.

#### 5.2.4 Software Versions and Updates

• FCM Soft paid subscription grants access to the current software version existing on the subscription date
• Customers receive automatic access to bug fixes and security patches for the current version
• New firmware releases, major version upgrades, and new features released after the subscription date are NOT included with the one-time subscription fee
• To access new versions, features, or firmware releases, the customer must purchase a separate paid support plan

#### 5.2.5 Paid Support Plan

• Customers wishing to receive new versions, features, and firmware updates beyond the subscription date must purchase an optional paid support plan
• Support plan pricing is calculated from the subscription date
• Support plan details are available on FIBERME websites
• Support plans provide access to all current and future versions, features, and firmware released during the support plan period

#### 5.2.6 Plan Modification

FIBERME reserves the right to modify FCM Soft plan pricing, included features, or plan structure at any time without prior notice. Modifications apply to new subscriptions only; existing paid subscriptions will continue under their original terms indefinitely.

6.1 Service Description

SWai is a monthly subscription-based artificial intelligence service providing advanced voice and communication processing capabilities.

6.2 Paid Plans and Pricing

All SWai pricing and plan options are published on FIBERME websites. Pricing is subject to change at any time.

6.3 Subscription Period and Renewal

• SWai plans are offered on a monthly basis
• Each month is calculated as a period of thirty (30) calendar days from the subscription start date
• Subscriptions automatically renew on a monthly basis unless cancelled by the customer
• The customer is responsible for cancelling subscriptions to prevent automatic renewal

6.4 Usage Allowances

#### 6.4.1 Minutes Allocation

Each SWai plan includes:

• A main package allocation of usage minutes per calendar month
• Optional add-on minutes available for purchase

#### 6.4.2 Monthly Minute Expiration

• Unused minutes from the main package do NOT carry over to the following month
• Unused main package minutes are forfeited upon the end of each subscription month
• Add-on minutes are NOT subject to monthly expiration and will remain available until the specified add-on expiration date

#### 6.4.3 Usage Priority

SWai service will consume minutes in the following order:

1. Main package minutes (until exhausted)

2. Add-on minutes (in the order of add-on purchase date)

#### 6.4.4 Service Suspension When Minutes Exhausted

Once all main package minutes and all add-on minutes have been fully consumed, the service will be unavailable until:

• A new monthly subscription period commences and new minutes are allocated, or
• The customer purchases additional add-on minutes

6.5 Plan Modifications

FIBERME reserves the right to modify SWai plan pricing, included minutes, features, or plan structure at any time without prior notice to customers. Modifications apply to new subscriptions and renewals; existing active subscriptions will continue under their existing terms until the next renewal date.

7.1 Service Description

NEXUSAGE is software enabling third-party SIP PBX systems to integrate with FIBERME cloud infrastructure, providing remote registration and connectivity functionality comparable to FRC service.

7.2 Free Version

NEXUSAGE is available as free software for download and installation on customer servers or virtual machines (VMs). The free version includes limitations on remote concurrent calls.

7.3 Paid Plans

#### 7.3.1 Plan Structure and Pricing

NEXUSAGE paid plans follow the same pricing structure, terms, and conditions as FRC paid plans as detailed in Section 4 of these Terms and Conditions, including:

• Four subscription tiers (1 Month, 3 Months, 6 Months, 12 Months)
• Tier selection at initial subscription; tier changes only upon expiration and non-renewal
• Pricing in USD with billing in AED
• Online payment processing fees of 2-4%
• VAT assessment for customers in the United Arab Emirates
• No refunds under any circumstances
• 99% uptime guarantee
• FIBERME’s right to modify plans without notice

#### 7.3.2 Plan Compatibility

NEXUSAGE paid plans are compatible with third-party SIP PBX systems and FIBERME-provided IP PBX software.

#### 7.3.3 Service Terms

All provisions regarding service suspension, maintenance, non-payment, and illegal use set forth in Section 4 of these Terms and Conditions apply equally to NEXUSAGE service.

8.1 Ownership

All FIBERME products, software, services, websites, documentation, trademarks, logos, and other intellectual property are owned exclusively by FIBERME or licensed from third parties. Customer’s use of these items does not grant any ownership rights to Customer.

8.2 Limited License

FIBERME grants you a limited, non-exclusive, non-transferable, revocable license to use FIBERME products and services solely for your internal business purposes in accordance with these Terms and Conditions.

8.3 Restrictions

You may not:

• Reverse-engineer, decompile, or attempt to derive source code from any FIBERME software
• Modify, adapt, translate, or create derivative works based on FIBERME products or services
• Rent, lease, loan, or lend FIBERME software or services
• Resell or distribute FIBERME products or services except through authorized FIBERME channels
• Remove or alter any proprietary notices, labels, or marks

9.1 Prohibited Activities

You agree not to use FIBERME products or services for any unlawful, abusive, or unethical purposes, including but not limited to:

• Illegal activities or fraud
• Harassment, threats, or abuse
• Transmitting malware, viruses, or harmful code
• Unauthorized access to systems or data
• Spam, phishing, or social engineering attacks
• Copyright or trademark infringement
• Export control violations
• Circumventing security measures
• Denial-of-service attacks
• Any activity violating applicable laws or regulations

9.2 Monitoring and Enforcement

FIBERME reserves the right to monitor usage patterns for compliance with this policy. Upon detection of prohibited activities, FIBERME may immediately suspend or terminate service without liability.

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3 (HARDWARE WARRANTY), FIBERME DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING UNINTERRUPTED OR ERROR-FREE SERVICE
• WARRANTIES REGARDING THE SECURITY, RELIABILITY, OR AVAILABILITY OF PRODUCTS OR SERVICES
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION

FIBERME products and services are provided “AS IS” without warranty or condition of any kind. Use is at your sole risk.

11.1 Limitation on Damages

EXCEPT FOR FIBERME’S INDEMNIFICATION OBLIGATIONS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIBERME SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOST PROFITS, LOST REVENUE, OR LOST BUSINESS OPPORTUNITIES
• DATA LOSS OR CORRUPTION
• BUSINESS INTERRUPTION
• LOSS OF GOODWILL OR REPUTATION

This applies even if FIBERME has been advised of the possibility of such damages.

11.2 Liability Cap

FIBERME’s total liability arising from or related to these Terms and Conditions, FIBERME products, or FIBERME services shall not exceed the amount paid by Customer to FIBERME in the twelve (12) months immediately preceding the claim, or $100 USD, whichever is greater.

11.3 Essential Term

You acknowledge that the disclaimers in Section 10 and the limitations in this Section 11 are essential terms of these Terms and Conditions, and that FIBERME would not provide products or services without these protections.

You agree to indemnify, defend, and hold harmless FIBERME and its officers, directors, employees, and agents from any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

• Your violation of these Terms and Conditions
• Your use of FIBERME products or services in violation of applicable law
• Your infringement of any third-party intellectual property rights
• Your unauthorized use or disclosure of FIBERME products or services
• Claims by third parties related to your use of FIBERME products or services

FIBERME collects, processes, and retains certain customer data in connection with the provision of products and services. For detailed information regarding data collection, processing, use, and protection, please refer to FIBERME’s Privacy Policy.

14.1 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the United Arab Emirates, without regard to its conflict-of-law principles.

14.2 Jurisdiction and Venue

You agree that:

• Any legal proceeding or dispute shall be exclusively resolved in the courts located within the United Arab Emirates
• You irrevocably consent to the jurisdiction and venue of such courts
• You waive any objection to venue or claim of inconvenient forum

14.3 Dispute Resolution Process

Before initiating legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation. If negotiation fails, disputes shall be resolved in the courts of the United Arab Emirates as specified in Section 14.2.

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from these Terms and Conditions. The remaining provisions shall continue in full force and effect.

These Terms and Conditions, together with any additional terms published on FIBERME websites, constitute the entire agreement between you and FIBERME regarding your use of FIBERME products and services. These Terms and Conditions supersede any prior agreements, understandings, or negotiations, whether oral or written.

For questions regarding these Terms and Conditions, or to report suspected misuse or violations, please contact:

FIBERME Communications LLC

Website: www.fiberme.com | www.fiberme.cloud