Terms of Service.

1. Who we are and what these terms cover

These Terms of Service ("Terms") are an agreement between you and CallCloud LLC, a New Jersey limited liability company ("CallCloud", "we", "us"). They govern your use of the CallCloud parallel dialer, power dialer, Chrome extension, integrations, website and any related services (together, the "Service").

If you use the Service on behalf of a company or other organization, you agree to these Terms for that organization and confirm you have authority to do so. In that case "you" means the organization.

2. Accounts

You must give accurate information when you sign up and keep it current. You are responsible for everything that happens under your account, including the activity of users you invite to your workspace. Keep your login credentials private, and tell us right away at support@callcloud.app if you believe your account has been accessed without permission.

We may require business verification before turning on calling, phone numbers, international calling or higher usage limits, and we may decline or limit any account at our discretion.

3. Trials

We may offer a free trial. A trial lasts for the period we tell you, and we may end or change a trial at any time. If you do not start a paid plan when the trial ends, access to paid features stops.

4. Plans, billing and cancellation

Paid plans are billed per seat, in advance, on a recurring basis (monthly unless your order says otherwise). Phone numbers and other add-ons are billed as shown on our pricing page or your order. Prices are in US dollars and do not include taxes, which you are responsible for.

Your subscription renews automatically until you cancel. You can cancel at any time; cancellation takes effect at the end of the current billing period and you keep access until then. Except where the law requires otherwise, fees already paid are not refundable, including for partial periods or unused seats.

If a payment fails or an invoice goes unpaid, we may suspend the Service until the balance is paid. We may change prices with at least 30 days' notice; the new price applies from your next renewal after the notice period.

5. Calling laws and your responsibilities

You decide who you call and what you say, and you are solely responsible for complying with every law that applies to your calls and messages. That includes the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, federal and state Do Not Call rules, calling-time restrictions, rules on prerecorded or artificial voice messages, call abandonment rules, and the laws of every country you call.

You will obtain and keep any consent required for your calls, scrub your lists against applicable Do Not Call lists and your own suppression lists, and honor opt-out requests promptly.

Call recording: some states and countries require the consent of every party before a call is recorded. If you turn on recording, you are responsible for giving any required notice and getting any required consent.

6. Acceptable use

You will not use the Service to: place calls that are unlawful, fraudulent, deceptive or harassing; spoof caller ID, impersonate any person or business, or transmit misleading caller identification; use phone numbers you do not own or are not authorized to use; attempt to evade spam labeling, carrier controls or our own limits; send illegal robocalls; use the Service for a purpose materially different from the one you described when you signed up; resell or share the Service outside your organization without our written permission; or interfere with, probe or reverse engineer the Service.

You will cooperate promptly with us, our carriers, regulators and traceback investigations, including by providing call scripts, consent records, list sources or proof of number ownership when asked.

We may rate-limit, restrict, suspend or terminate calling, numbers or accounts, without notice, when we see a credible sign of prohibited or potentially illegal use, toll fraud or a risk to our network or carriers. We may preserve and disclose account and call records where the law allows or requires.

7. Phone numbers

Phone numbers we provide are assigned to your account for as long as you keep paying for them; you do not own them. Numbers are subject to carrier rules. We may need to replace or reclaim a number, for example when a carrier requires it or after your account is canceled. Numbers released after cancellation may be reassigned. Where the law gives you a right to port a number out, contact support before you cancel.

8. Your data

You own the data you put into the Service, including contacts, call recordings, transcripts and notes ("Customer Data"). You give us permission to host, process and transmit Customer Data only as needed to provide, secure and improve the Service and as described in our Privacy Policy. You confirm you have the right to give us that data and to have us process it.

When you connect a third-party product such as a CRM or sales engagement tool, you authorize us to exchange data with it on your behalf. Your use of that product is governed by its own terms, and we are not responsible for it.

You can export your data while your account is active. After cancellation we may delete Customer Data, including recordings, after a reasonable period.

9. AI features

Some features use artificial intelligence, for example call summaries, notes, suggested follow-ups and transcripts. AI output can be wrong or incomplete. Review it before you rely on it or send it to anyone. You are responsible for how you use it.

10. Our property

The Service, including its software, design and content, belongs to CallCloud and its licensors. We give you a limited, non-exclusive, non-transferable right to use the Service under these Terms while your account is in good standing. If you send us feedback or ideas, we may use them without any obligation to you.

11. Availability and changes

We work to keep the Service available and fast, but we do not promise it will be uninterrupted or error-free. Calls depend on carriers, networks and devices outside our control, and some calls may fail, drop or be labeled by third parties. We may change, add or remove features. We do not provide emergency (911) calling, and the Service must not be used for emergency calls.

12. Disclaimers

Except as expressly stated in these Terms, 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 and non-infringement. We do not guarantee any particular connection rate, spam rating, number reputation or sales result.

13. Limitation of liability

To the fullest extent the law allows, CallCloud will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, even if we were told they were possible.

Our total liability for all claims relating to the Service or these Terms is limited to the amount you paid us for the Service in the 12 months before the event that gave rise to the claim.

14. Indemnity

You will defend and indemnify CallCloud and its members, employees and contractors against any claim, fine, penalty or cost (including reasonable attorneys' fees) arising from your calls or messages, your Customer Data, your violation of these Terms or of any law, including the TCPA and Do Not Call rules.

15. Suspension and termination

You may stop using the Service and cancel at any time. We may suspend or terminate your account if you breach these Terms, fail to pay, create legal or security risk, or if we stop offering the Service. Sections that by their nature should survive termination (including fees owed, your responsibilities for your calls, disclaimers, limitation of liability, indemnity and governing law) survive.

16. Governing law and disputes

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. Any dispute will be brought only in the state or federal courts located in Mercer County, New Jersey, and both parties consent to their jurisdiction. Before filing a claim, each party agrees to try to resolve the dispute informally for 30 days after written notice.

17. Changes to these Terms

We may update these Terms. If a change is material, we will give notice by email or in the Service before it takes effect. Continuing to use the Service after the effective date means you accept the updated Terms.

18. General

These Terms, together with any order form and our Privacy Policy, are the entire agreement between you and CallCloud about the Service. If an order form signed by both parties conflicts with these Terms, the order form controls. If any part of these Terms is unenforceable, the rest stays in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Failing to enforce a provision is not a waiver.

19. Contact

CallCloud LLC, 2380 Klockner Road, Trenton, NJ 08690. Email: support@callcloud.app.