Terms and Conditions

    These Terms of Service are between you (the “Subscriber”) and Cald AI, LLC (“Cald AI”) for our platform services like programs, features, account tools, and support (“Services”). Both paying and non-paying users are “Subscribers”. If you disagree, you can’t access our Services. We may change these terms by posting updates on our site. By continuing to use our Services, you accept any changes.

Cald AI can monitor but isn’t responsible for uploaded info, databases or audio. In addition to these Terms, you’ll comply with applicable laws and requirements below.

What we need from you

Follow telemarketing, dialing, and other communication laws. Give accurate Caller ID info. Make required disclosures. You’re solely responsible for legal compliance.

Getting consent

Get consent as required by law and note consent levels. Without it, don’t communicate. Keep consent records and share if we request.

Using your data

You grant us a royalty-free license to use Subscriber Data to fulfill our obligations.

Usage Data is solely ours, not Subscriber Data. We can use it without limits.

Keeping it confidential

We’ll both protect confidential information like our own, disclosing only on a need-to-know basis to fulfill obligations here. No unauthorized copying, removing, or improper use.

These obligations don’t apply to:

  • Pre-existing information without obligation of confidence
  • Independently developed information
  • Third party information without obligation of confidence
  • Publicly available information

Disclose Confidential Information only when legally required after reasonable notice so the other party can seek protections, unless prohibited by law.

Compensating losses

You’ll defend and indemnify the Cald AI Indemnitees against claims, investigations, demands, actions, proceedings, losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including attorneys’ fees) arising from:

  • Breach of this Agreement
  • Your negligence or misconduct
  • Your Service use or obtained information

No guarantees

USE SERVICE AT YOUR OWN RISK. ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES. WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING OF MERCHANTABILITY, FITNESS FOR PURPOSE, AND NON-INFRINGEMENT.

Limiting liabilities

UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY OR TORT, WILL Cald AI BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR DAMAGES FROM SERVICE USE, EVEN IF ADVISED OF THE POSSIBILITY.

Following the law

Use Services according to applicable laws like TCPA. You acknowledge call recording. You’re solely responsible for compliance and liability.

Third parties

Our Service may interact with unaffiliated third party services. Use them at your own risk per their terms. We aren’t responsible for their quality, fees or damages from use. You grant us an irrevocable license to use any third party content connected to us or our Service.

We’re partners

We’re independent contractors, not employees, agents, partners or joint ventures.

Settling disputes

Arbitrate disputes per American Arbitration Association rules in Maricopa County, AZ. Small claims actions are permitted. No punitive, special, consequential or indirect damages. Each party pays its own attorneys’ fees and costs regardless of outcome. No class or representative arbitration is permitted. BY AGREEING TO THIS AGREEMENT AND USING THE SERVICES, YOU IRREVOCABLY WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR MAKE CLAIMS IN COURT OR BEFORE A JURY.

Arizona law governs

Arizona law governs without regard to conflicts of law principles. Lawsuits must be in Maricopa County, AZ courts.

Keeping your data secure

Comply with applicable U.S. and other export laws. You can’t use Services for EU, EEA, UK, Swiss or non-US persons’ data.

Severability

If any provision is invalid, the rest remain effective. Terms like warranties limitations and indemnification survive termination.

No implied waivers

Waivers must be in writing signed by the waiving party. Consent to one breach doesn’t waive subsequent breaches.

Miscellaneous

Each party can legally enter this Agreement and bind the other party. Except for your fee payments, force majeure events suspend obligations. You can’t assign rights/obligations without our consent. We may assign ours without notice. Ambiguities won’t be construed against us.