End User License Agreement

Introduction

This End User License Agreement (“Agreement”) is entered into between you (“Licensee”) and the 3CX entity identified as the contracting party in the applicable Product Appendix (the “Contracting Entity”). The Contracting Entity may be 3CX Ltd, 3CX USA Inc., 3CX Software FZCO, or another affiliated 3CX company as specified in the applicable Product Appendix. References in this Agreement to “3CX” mean the Contracting Entity.

3CX is willing to license to Licensee the 3CX product identified in the applicable Product Appendix, together with any related documentation and materials provided by 3CX (the “Product”), solely on the terms and conditions set out in this Agreement and the applicable Product Appendix.

By clicking "Agree", activating a license, creating or using an account, installing, accessing or using the Product, Licensee:

  • Represents that it has the legal capacity and authority under applicable law to enter into this Agreement, whether on its own behalf or on behalf of a legal entity;
  • Agrees to be bound by this Agreement and the applicable Product Appendix; and
  • Acknowledges that electronic acceptance constitutes a legally binding agreement.
  • If Licensee does not agree to this Agreement, it must not install, access, activate or use the Product.
  • The Product may be licensed on a perpetual or term (subscription) basis, as specified in the applicable order, invoice, or Product Appendix.
  • Licensee is responsible for installing or enabling security and maintenance updates made available with reasonable notice. To the extent permitted by law, 3CX is not liable for loss that would not have occurred had Licensee installed or enabled an update addressing a known vulnerability.

3CX may retain electronic records identifying the accepted version, acceptance date and time, account, licence and accepting user, subject to applicable data protection law.

In the event of any conflict between this Agreement and a Product Appendix, the Product Appendix shall prevail solely with respect to the relevant Product.

1. Definitions

  • “Agreement” means this Master End User License Agreement together with the applicable Product Appendix.
  • "Product" means the 3CX software, hosted service, application or related service identified in the applicable Product Appendix to which this agreement applies, together with related documentation and materials made available by 3CX.
  • “Licensee,” “you,” or “your” means the individual or legal entity that accepts this Agreement and obtains a license to use the Product.
  • Where an individual accepts this Agreement on behalf of a legal entity, such legal entity shall be deemed the Licensee.
  • Licensee's employees and contractors may use the Product solely on Licensee's behalf and for Licensee's benefit, subject to this Agreement and the applicable Product Appendix. Licensee is responsible for their compliance.
  • Hosted Product means any Product instance hosted, operated, or maintained by or on behalf of 3CX on cloud or server infrastructure, as distinguished from self-hosted or on-premises Product installations.
  • "Product Appendix" means product-specific terms, service descriptions, technical documentation, capacity limits, fair-use rules or appendices expressly identified in the Product specific Appendix applicable to a particular product, or presented to Licensee before acceptance.
  • "Jurisdictional Appendix" means a regional, country or jurisdiction-specific appendix forming part of this Agreement that identifies localised terms, contracting entities, governing law or regulatory provisions, including Appendix A for the United States and any subsequently added regional appendix.
  • "AI Features" means Product functionality using artificial intelligence or machine-learning models, including AI Agents, transcription, summaries, sentiment analysis, suggested responses, knowledge-source processing and related outputs.
  • "Customer Data" means data, content, communications, files, recordings, transcripts, prompts, knowledge sources or other material submitted to, stored in, transmitted through or generated through use of the Product by or for Licensee, excluding 3CX technology, system data and aggregated or de-identified data that cannot reasonably identify Licensee or an individual.
  • "Third-Party Services" means third-party products, networks, APIs, models, telecommunications services, SIP trunks, devices, integrations or content used with or accessible through the Product.
  • "Transaction Documents" means the applicable order, invoice, checkout or activation record, Product Terms, Jurisdictional Appendix, Data Processing Addendum and other terms expressly incorporated into this Agreement and made available to Licensee before acceptance.

2. Grant of License and Restrictions on Use

2.1 Grant of License

Subject to the terms and conditions of this Agreement and the applicable Product Appendix or Jurisdictional Appendix, 3CX grants to the Licensee a limited, non-exclusive, non-transferable, non-sublicensable license to install, access, and use the Product solely for the Licensee’s own business operations and strictly in accordance with:

  • (a) this Agreement; and
  • (b) the scope, license metrics, capacity limits, subscription term (if applicable), and other restrictions set out in the applicable Product Appendix or Jurisdictional Appendix.

2.2 Ownership Reservation

The Product is licensed, not sold. No ownership rights are transferred to the Licensee. All rights not expressly granted under this Agreement are reserved by 3CX and its licensors.

2.3 Use Restrictions

Except as expressly permitted under this Agreement or to the extent prohibited by mandatory applicable law, the Licensee shall not, and shall not permit any third party to:

  • copy the Product, except as reasonably necessary for installation, backup, or lawful use in accordance with this Agreement;
  • modify, adapt, translate, or create derivative works of the Product;
  • reverse engineer, decompile, or disassemble the Product, except to the extent such restriction is prohibited by mandatory applicable law;
  • distribute, sublicense, lease, rent, lend, assign, transfer, or otherwise make the Product available to any third party, except as expressly permitted under this Agreement or the applicable Product Appendix;
  • remove, alter, or obscure any proprietary notices, trademarks, or copyright notices contained in the Product;
  • use the Product in excess of the licensed metrics, capacity limits, technical restrictions, or subscription term specified in the applicable Product Appendix; or
  • exercise any right in relation to the Product not expressly granted under this Agreement.
  • circumvent or interfere with technical, security, usage or licensing restrictions; or
  • use the Product to provide a shared, bureau, resale, hosted, managed or multi-tenant service except where expressly permitted by the applicable Product Terms or a written agreement with 3CX.

2.4 Personnel Compliance

Licensee is responsible for ensuring that its employees, contractors, administrators and authorised users comply with this Agreement.

2.5 Business Use

The Product is offered for business, commercial, professional or trade use and is not intended for personal, family or household use. Licensee represents that it acquires and uses the Product for such business purposes. Nothing in this Agreement excludes or limits any mandatory right available to an individual who nevertheless qualifies as a consumer under applicable law.

3. Title and Ownership of the Product

This Agreement grants Licensee a limited right to use the Product in accordance with its terms. No ownership rights are transferred to the Licensee. The Product is licensed, not sold.

3CX and its licensors retain all rights, title, and interest in and to the Product, including all intellectual property rights therein. Except for the limited license expressly granted under this Agreement, no other rights are granted to the Licensee, whether by implication, estoppel, or otherwise.

The Product may include third-party components licensed to 3CX. Such third-party licensors retain all rights in and to their respective components, subject to the terms applicable to those components.

4. Entire Agreement and Order of Precedence

This Agreement and the applicable Product Appendix constitute the entire agreement concerning the Product and replace prior or contemporaneous understandings relating to that subject matter. A policy or webpage appearing in a "See Also" list is not incorporated merely because it is linked; it forms part of the Agreement only if this Agreement or a Transaction Document expressly incorporates it and it was made available before acceptance.

The Product may include third-party software components. Where applicable, such components may be subject to separate license terms, which shall be made available to Licensee as required. In the event of a conflict between third-party license terms and this Agreement, the third-party terms shall apply solely to the relevant third-party component.

No modification of this Agreement shall be binding unless made in accordance with its amendment provisions.

If Transaction Documents conflict, the following order applies unless the applicable order expressly states otherwise: (1) a signed order form or negotiated agreement; (2) the applicable Jurisdictional Appendix; (3) the applicable Product Terms; (4) the Data Processing Addendum, solely for Personal Data processing; (5) this EULA; and (6) any other incorporated policy. Mandatory third-party licence terms prevail solely for the relevant third-party component.

No purchase order or other Licensee document modifies this Agreement unless expressly accepted in writing by an authorised representative of 3CX.

5. Updates and Support

3CX may modify, update, enhance, or improve the Product from time to time. This Agreement shall apply to any such modifications or updates that are made available to and rightfully obtained by Licensee, unless expressly stated otherwise.

Unless otherwise expressly agreed in writing, this Agreement does not grant Licensee any entitlement to maintenance, technical support, or updates.

Where applicable law requires 3CX to provide updates necessary to maintain conformity of the Product, 3CX shall provide such updates in accordance with applicable law. Licensee is responsible for promptly installing, applying, or enabling all updates made available by 3CX, or permitting 3CX to automatically apply updates, in accordance with applicable technical documentation, Product settings, or reasonable instructions provided.

Nothing in this Agreement limits any non-waivable statutory rights that Licensee may have under applicable consumer protection law.

6. Confidentiality

Licensee acknowledges that the Product and certain related materials may contain proprietary and confidential information of 3CX and its licensors (“Confidential Information”).

Confidential Information includes information disclosed by 3CX to Licensee in any form that is identified as confidential or that should reasonably be understood to be confidential, including without limitation:

  • the Product;
  • non-public technical information;
  • business or commercial information; and
  • any notes, analyses, or materials prepared by Licensee that contain or reflect such information.

Confidential Information does not include information that Licensee can demonstrate by written evidence:

  • (a) was lawfully known to Licensee without restriction prior to disclosure;
  • (b) is or becomes publicly available through no breach of this Agreement;
  • (c) is independently developed without use of Confidential Information; or
  • (d) is lawfully obtained from a third party without breach of any confidentiality obligation.

Licensee shall:

  • protect Confidential Information using at least reasonable care, and in no event less than the degree of care it uses to protect its own confidential information of a similar nature;
  • use Confidential Information solely as necessary to exercise its rights under this Agreement; and
  • not disclose Confidential Information to any third party except to employees or contractors who have a legitimate need to know and are bound by confidentiality obligations.

Licensee may disclose Confidential Information where required by law or court order, provided that, where legally permitted, Licensee gives prior notice to 3CX and cooperates in seeking appropriate protective measures.

These confidentiality obligations shall survive termination of this Agreement for so long as the relevant information remains confidential under applicable law.

7. Warranty and Limitation of Liability

7.1 Limited Warranty

3CX warrants that, for a period of fourteen (14) days following initial activation of the applicable license key (the “Warranty Period”), the Product will substantially conform to its accompanying written documentation when used in accordance with this Agreement.

If the Product fails to conform during the Warranty Period, 3CX's sole obligation and Licensee's exclusive contractual remedy is, at 3CX's option, to repair or replace the affected Product or refund the applicable license fee received by 3CX. Where Licensee purchased through a reseller, any refund is processed through and subject to the reseller relationship, without limiting mandatory rights.

This limited warranty does not apply to:

  • misuse or unauthorized modification of the Product;
  • use in combination with incompatible systems not specified by 3CX; or
  • failure to install updates made available by 3CX in accordance with reasonable instructions.

Nothing in this Clause limits any non-waivable statutory rights that Licensee may have under applicable law.

7.2 Disclaimer of Other Warranties

Except for the limited warranty set out above, and to the maximum extent permitted by applicable law, the Product is provided “as is” and “as available.”

3CX and its licensors disclaim all other warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except to the extent such warranties cannot lawfully be excluded under applicable law.

3CX does not warrant that:

  • the Product will be uninterrupted or error-free;
  • the Product will meet Licensee’s specific requirements; or
  • the Product will be secure from unauthorized intrusion.
  • the Product will operate without error where Licensee fails to install, apply, or permit the deployment of required updates in accordance with 3CX documentation or system instructions.

Licensee remains responsible for implementing appropriate security, backup, and operational safeguards, and for promptly applying or enabling all necessary Product updates

7.3 Limitation of Liability

To the maximum extent permitted by applicable law, 3CX and its affiliates, officers, employees, licensors, and agents (“3CX Parties”) shall not be liable for:

  • indirect, incidental, special, consequential, exemplary, or punitive damages; or
  • loss of profits, loss of revenue, loss of data, business interruption, or loss of goodwill, arising out of or in connection with this Agreement or the use of the Product, even if advised of the possibility of such damages.

Subject to Clause 7.4 (Mandatory Carve-Outs), the total aggregate liability of the 3CX Parties arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be strictly limited as follows:

(a) For Paid Deployments: The total fees paid or payable by Licensee (whether directly to 3CX or through an authorized 3CX reseller or partner) for the Product giving rise to the claim during the twelve (12) month period preceding the event giving rise to liability (or, for prepaid multi-year or perpetual licenses, the pro-rated annualized portion of the license fee applicable to such 12-month period);

and (b) For Free, NFR, Evaluation, or Trial Deployments: Limited strictly to direct damages, if any, up to the amounts actually paid by Licensee for the Product during the preceding twelve (12) months, or, where no fees were paid, to the minimum amount required or maximum limitation permitted under applicable mandatory law.

7.4 Mandatory Carve-Outs

Nothing in this Agreement excludes or limits liability:

  • for death or personal injury caused by negligence;
  • for fraud or fraudulent misrepresentation;
  • for gross negligence or wilful misconduct where such limitation is prohibited by law; or
  • for any liability that cannot be excluded or limited under applicable law.

8. Term, Suspension and Termination

This Agreement remains in effect for the applicable license or subscription term unless terminated earlier. Rights to use a fixed-term Product cease when the term expires unless renewed.

Licensee may terminate by ceasing all use and deleting or destroying all copies under its control. Termination by Licensee does not create a right to a refund or credit except as expressly provided in the applicable Refund and Cancellation Policy, reseller terms, Transaction Documents or mandatory law.

3CX may suspend affected functionality or terminate this Agreement if Licensee materially breaches it and does not cure the breach within thirty (30) days after written notice. 3CX may act immediately where a breach is incapable of cure, involves unlawful or unauthorised distribution, intellectual property infringement, deliberate circumvention of licence or security controls, creates an immediate security or legal risk, or immediate action is required by law.

Where reasonably practicable, a suspension will be limited to the affected Product, account, functionality or user and will be lifted when the reason for suspension has been remedied. Upon termination:

  • all rights granted to Licensee shall immediately cease;
  • Licensee shall cease using the Product; and
  • Licensee shall delete or destroy all copies of the Product, except where retention is required by law.

Termination does not affect accrued rights or liabilities. Clauses relating to intellectual property, confidentiality, limitation of liability, governing law, and any provisions that by their nature should survive termination shall survive.

8.1 Hosted Product Data Export and Deletion

Before termination, Licensee is responsible for exporting Customer Data using available Product functionality. For a Hosted Product, 3CX will, where required by applicable law or the applicable Product Terms, provide reasonable assistance to export eligible Customer Data in an available, commonly used format and support switching or migration within the legally required transition period.

After the applicable retrieval or transition period, 3CX may delete Customer Data from active systems and subsequently from backups in accordance with its documented retention schedule, unless retention is required by law. Personal Data remains subject to the Data Processing Addendum.

9. Assignment

Licensee may not assign this Agreement or transfer a Product licence without 3CX's prior written consent, except that Licensee may assign the Agreement in its entirety in connection with a merger, corporate reorganisation or sale of substantially all assets relating to the Product use, provided Licensee gives written notice, the assignee assumes the obligations in writing and the assignment does not circumvent a licence restriction or applicable law.

3CX may assign this Agreement in connection with a reorganisation, merger, sale of assets or transfer of the Product business, provided the assignment does not materially reduce Licensee's contractual rights.

An authorised change of account administrator or ownership through an official 3CX portal workflow does not by itself transfer intellectual property rights and constitutes a licence transfer only where 3CX expressly designates the workflow for that purpose. Any other attempted assignment is void to the extent permitted by law.

10. Governing Law

This Agreement is governed by the law specified for the Contracting Entity in the applicable Product Appendix or Jurisdictional Appendix, without regard to conflict-of-laws rules. Disputes are subject to the exclusive courts specified there. If no Contracting Entity or governing law is identified, the Contracting Entity is 3CX Limited, Cyprus law applies and the courts of Nicosia, Cyprus have exclusive jurisdiction.

Nothing in this Clause deprives a person who legally qualifies as a consumer of mandatory protections or jurisdictional rights that cannot be waived. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

11. Equitable Relief

Licensee acknowledges that unauthorized use or disclosure of the Product may cause irreparable harm to 3CX for which monetary damages may be inadequate. Subject to applicable law, 3CX shall be entitled to seek appropriate injunctive or equitable relief in a court of competent jurisdiction in addition to any other remedies available at law.

12. Copyrights And Trademarks

All intellectual property rights in and to the Product, including software, documentation, trademarks, logos, and related materials, are owned by 3CX or its licensors.

Nothing in this Agreement grants Licensee any ownership interest in the Product or any intellectual property rights therein, except for the limited license expressly granted under this Agreement.

  • Licensee shall not use 3CX’s trademarks, trade names, or logos except as expressly permitted in writing.
  • Licensee agrees not to remove, alter, or obscure any proprietary notices contained in the Product.

If Licensee becomes aware of any infringement of 3CX’s intellectual property rights in connection with the Product, it shall notify 3CX.

13. Regulatory Compliance

Each party is responsible for compliance with laws applicable to its own activities. Licensee is responsible for assessing whether its configuration, deployment and use of the Product meet legal, regulatory, sector-specific and supervisory requirements applicable to Licensee, including requirements relating to communications, recording, employment, privacy, data protection, emergency services and financial-sector regulation.

Unless expressly agreed in a signed document, 3CX does not represent that the Product is specifically configured to satisfy Licensee's particular regulatory framework. This does not exclude 3CX's own obligations under applicable law or liability that cannot lawfully be excluded.

14. Hosted Products and Acceptable Use

14.1 Customer Data

As between the parties, Licensee retains its rights in Customer Data. Licensee grants 3CX and its authorised sub-processors a limited right to host, copy, transmit, process and otherwise use Customer Data only as necessary to provide, secure and support the Hosted Product and comply with law, subject to the Data Processing Addendum where Personal Data is processed by 3CX on Licensee's behalf.

Licensee represents that it has all rights, notices, permissions and lawful bases required to submit and process Customer Data through the Product and remains responsible for its legality, accuracy, configuration, retention and authorised access.

14.2 Acceptable Use

This Clause 14 applies strictly to Licensees accessing or utilizing Hosted Products provided by 3CX, and does not apply to free or paid Product licenses deployed on Licensee’s own self-hosted infrastructure. Licensee agrees to use the 3CX hosting platform lawfully and responsibly. Licensees may not use Hosted Products to host, store, transmit, or distribute any content or engage in any activity that is illegal, harmful, or malicious. This includes, without limitation: distributing malware, viruses, or other harmful code; launching or facilitating attacks such as denial-of-service (DoS/DDoS), hacking, or unauthorized access to systems or data; sending spam or unsolicited bulk communications; phishing, fraud, or any deceptive practices; infringing the intellectual property rights of others; hosting or distributing content that is defamatory, obscene, abusive, or that promotes violence or discrimination; violating the privacy of others; or attempting to disrupt, overload, or compromise the integrity, security, or performance of the platform or its infrastructure.

Without limiting the preceding paragraph, prohibited activity includes unlawful caller-ID manipulation, abusive or harassing communications, unlawful surveillance or recording, and attempts to evade security or licensing controls.

3CX reserves the right to suspend or terminate free Hosted Products at any time, with or without notice, if it has reason to believe that this Agreement or Clause 14 has been violated. For paid Hosted Products, 3CX will generally provide notice of any violation and a reasonable opportunity to remedy it before suspending or terminating the account. However, notwithstanding Clause 8 (Term and Termination), 3CX reserves the right to suspend or terminate paid Hosted Products immediately and without prior notice where the violation is severe, poses an immediate risk to the platform, other users, or third parties, or where 3CX is required to act immediately by law.

15. Financial Sector and DORA Terms

15.1 Standard Service

A Hosted Product is a standardised managed hosting service and is not, without a separate signed addendum, contractually tailored to satisfy all requirements imposed on a regulated financial entity under Regulation (EU) 2022/2554 on digital operational resilience for the financial sector ("DORA") or equivalent financial-services regulation.

15.2 Restricted DORA Use

Licensee shall not use a Hosted Product to support a function that Licensee has classified as critical or important under DORA unless 3CX and Licensee have first executed a separate DORA addendum containing the service description, locations, security, incident assistance, authority cooperation, audit, access, recovery, exit, transition and other terms required for that use.

15.3 Licensee Assessment

Neither use of the Hosted Product nor selection of an on-premises or self-hosted deployment, by itself, establishes compliance with DORA or applicable financial regulatory standards. Licensee remains solely responsible for assessing its deployment choices, conducting required vendor due diligence, establishing governance and risk management controls, and ensuring compliance with applicable technical, contractual, data location, data residency, or cross-border transfer requirements.

15.4 Mandatory Obligations

Nothing in this Clause limits an obligation imposed directly on 3CX by applicable law, a signed DORA addendum, or liability that cannot lawfully be excluded.

16. AI Recording and Communications Features

16.1 AI Features

AI Features may generate probabilistic, incomplete or inaccurate outputs. Licensee shall review outputs as appropriate before relying on or acting upon them. AI Features are not intended to replace professional, legal, medical, financial, emergency or other qualified human judgement.

Licensee is responsible for prompts, instructions, knowledge sources, configurations and decisions based on AI outputs. Licensee shall not use AI Features to make solely automated decisions producing legal or similarly significant effects unless it has independently established a lawful basis, appropriate safeguards and any required human review.

16.2 Third-Party AI Providers

Some AI Features may depend on Third-Party Services or models selected by Licensee or made available by 3CX. Where Licensee connects its own account, credentials or API key, Licensee is responsible for its direct relationship, charges, settings and compliance with the third party's terms. Processing of Personal Data by or through 3CX is governed by the Data Processing Addendum and applicable service documentation.

16.3 Recording Transcription and Monitoring

Licensee is responsible for determining whether and how to enable call recording, transcription, monitoring, analytics or AI interaction. Licensee shall provide required notices, obtain required consents, configure retention and access controls, and comply with communications interception, privacy, employment and workplace-monitoring laws in every relevant jurisdiction.

16.4 Telecommunications and Third-Party Networks

Unless expressly stated in a Transaction Document, 3CX is not a telecommunications carrier, SIP trunk provider, mobile network operator or public switched telephone network provider. Calling and messaging depend on Licensee's internet connection, power, devices, configuration and Third-Party Services.

16.5 Emergency and Safety-Critical Use

The Product must not be used as the sole means of contacting emergency services or for life-safety, medical-alert, public-safety or other safety-critical operations. Licensee is responsible for confirming whether emergency calling is available through its selected provider, correctly configuring emergency numbers and location information, informing users of limitations and maintaining an alternative means of emergency communication.

17. Fair Use of Extensions

17.1 Scope and Permitted Use

Each user or extension configured in the Product must represent a genuine user, device, location, room, service, or other legitimate business function of the Licensee. Shared or functional extensions are permitted where they support an ordinary business purpose and are not used to circumvent the terms of the applicable license.

17.2 Maximum Extensions and Capacity

The number of users or extensions configured or used must not exceed the maximum stated in the applicable order, invoice or versioned Product Terms in effect on the purchase or renewal date. Later changes to public pricing or licensing documentation do not reduce a purchased entitlement during the then-current paid term unless required by law or expressly agreed. Recommended ranges are operational guidance and do not increase the contractual maximum.

17.3 Prohibited Circumvention

The Licensee shall not create, duplicate, rotate, share, automate, or otherwise use users, extensions, accounts, credentials, or Product instances for the purpose of avoiding an applicable license metric, capacity limit, technical restriction, or required license upgrade (provided that nothing herein restricts authorized third-party integrations or APIs used in accordance with 3CX documentation) . The Licensee shall not combine unrelated organisations under a single license, or provide the Product as a shared, hosted, managed, bureau, resale, or multi-tenant service, unless expressly authorised by 3CX in writing or permitted under the applicable Product terms.

17.4 Verification and Enforcement

3CX may use relevant licence, configuration and usage information to verify compliance, in accordance with applicable data protection law and its Privacy Notice. If 3CX reasonably determines that Licensee exceeded a limit or circumvented a restriction, it may require Licensee to reduce usage, obtain the appropriate licence or remedy non-compliance within the period stated in the notice. If Licensee does not remedy within that period, or the breach is deliberate, incapable of cure or creates an immediate security or legal risk, 3CX may restrict or suspend affected functionality or terminate under Clause 8. Nothing in this Clause limits any non-waivable right available under applicable law.

18. Miscellaneous

18.1 Severability

If a provision is held invalid or unenforceable, it shall be enforced to the maximum lawful extent and the remaining provisions remain effective.

18.2 Waiver

A failure or delay in enforcing a provision does not waive future enforcement. A waiver must be in writing and applies only to the specific instance stated.

18.3 Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding payment obligations. The affected party shall use reasonable efforts to mitigate the impact and resume performance.

18.4 No Third-Party Beneficiaries

Except for 3CX licensors and the 3CX Parties solely in relation to provisions expressly benefiting them, this Agreement creates no enforceable rights for a third party.

18.5 Amendments

3CX may update this Agreement for new purchases, installations and renewals. For an existing fixed term, a materially adverse change will not apply before renewal unless required by law, necessary to address security or abuse, or expressly accepted by Licensee. 3CX will provide reasonable advance notice of material changes where required by law and will obtain renewed acceptance where legally required.

18.6 Notices and Electronic Communications

Contractual notices may be delivered electronically to the email address or administrator account registered for Licensee, through the Customer Portal, or by publication where this Agreement expressly permits. Licensee shall keep contact information current. A notice is deemed received when sent or posted, subject to mandatory law and any contrary notice terms in a signed agreement.

18.7 Independent Parties

The parties are independent contractors. This Agreement does not create a partnership, joint venture, employment, fiduciary or agency relationship, and neither party may bind the other except as expressly agreed.

18.8 Headings

Headings are for convenience only and do not affect interpretation.

18.9 Questions and Refund Requests

Questions may be submitted through https://www.3cx.com/contact-form/. Refund eligibility is governed by the applicable Refund and Cancellation Policy, reseller terms, Transaction Documents and mandatory law.

Appendix A – Jurisdiction-Specific Terms (United States)

This Appendix applies only where the Contracting Entity is 3CX USA Corp.

This Appendix forms an integral part of the 3CX End-User License Agreement (“EULA”) and applies solely to Licensees located in the United States or entering into a licensing arrangement with 3CX USA Corp. (“3CX USA”). In the event of any conflict between this Appendix and the main body of the EULA, this Appendix shall prevail for US-based Licensees.

CONTRACTING ENTITY

For Licensees located in the United States, or where the sale is processed through 3CX USA, the contracting party under this EULA is:

3CX USA CORP.

One Urban Center, Suite 600, 4830 West Kennedy Blvd. Tampa, FL 33609

EIN: 82-0633256

Contact: https://www.3cx.com/contact/ 

TERM-BASED LICENSE

The license to use the Product is granted for a limited, fixed term as specified in the applicable order, or invoice (the “License Term”).

Licensee’s right to access and use the Product are limited to the License Term and are subject to continued compliance with this Agreement.

Unless otherwise expressly agreed in writing, the license does not grant any right to continued use of the Product following expiration or termination of the License Term.

Nothing in this Appendix shall be construed as creating any obligation on 3CX to provide continuous availability, maintenance, or support services except as expressly agreed in a separate written agreement.

GOVERNING LAW AND JURISDICTION

This Appendix and any dispute or claim arising out of or in connection with it shall be governed by the laws of the State of Florida, United States, without regard to its conflict of laws principles. Each party irrevocably submits to the exclusive jurisdiction of the state and federal courts located in Florida for the adjudication of any disputes arising under or in connection with this Appendix.

REGULATORY AND EXPORT COMPLIANCE

Licensee shall comply with applicable export-control and sanctions laws. Licensee shall not export, re-export, transfer or make the Product available to a prohibited country, territory, person or end use. Any statement that the Product is subject to United States export jurisdiction applies only to the extent established by applicable law.

LANGUAGE AND INTERPRETATION

The English version controls to the extent permitted by law. A translation is provided for convenience unless mandatory law requires otherwise.

See Also

Last Updated

This document was last updated 14 October 2026

https://www.3cx.com/company/eula/