Terms of Service

1. Important notice

This agreement contains a binding arbitration provision and class-action waiver (Section 16). It also contains clauses that significantly limit our liability to you in the event of a security incident or hacking event (Section 13). Please read carefully before using the Service.

2. Agreement to these terms

These Terms of Service ("Terms") govern your access to and use of the website at callview.ai, the application at app.callview.ai, the services offered by CallView AI Inc. ("CallView," "Company," "we," "us," or "our"), and the CallView SMS messaging program. By using our website, requesting a demo, entering into a services agreement with us, or opting in to receive text messages from CallView, you agree to these Terms.

If you do not agree, do not use our website, do not contract with us for services, and do not opt in to our SMS messaging.

3. About CallView

CallView operates a human-in-the-loop voice and messaging platform and provides related services for businesses. These Terms apply to public use of callview.ai, to account use of the Service, and to the CallView SMS program described in Section 9. Paid subscription services between CallView and a business customer may also be governed by a separate services agreement or Order Form; where that agreement conflicts with these Terms, the services agreement controls as between CallView and that customer.

4. Definitions

• Account Owner: the individual or entity who registered for the Service and holds the primary administrative credentials. The Account Owner is legally responsible for all actions taken by Authorized Users.
• Authorized User: an individual natural person (employee, business partner, contractor, or agent of Customer) who is registered or permitted by Customer to use the Service.
• Customer: the party entering into these Terms, including any Account Owner and its Authorized Users.
• Service: the CallView AI SaaS platform, accessible via app.callview.ai, intended solely for business-to-business outbound sales and coaching ("Intended Use").
• Customer Data: all electronic data, audio, commissions, or other materials submitted to the Service by you.
• SMS Program: the CallView text messaging program described in Section 9.

5. Eligibility

You must be at least 18 years old to use CallView services. By using the website or opting in to SMS messaging, you represent that you meet this requirement and that you have the authority to act on behalf of any business you represent.

6. Account security and owner responsibility

6.1 Account Owner liability

The Account Owner is solely responsible for maintaining the confidentiality of the account credentials (username, password, API keys). You accept full responsibility for all activities that occur under your account, whether or not you authorized such activities. Company assumes that any person using your credentials has the authority to bind you.

6.2 Security breaches

You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by Company or another party due to someone else using your account.

7. Acceptable use

7.1 Intended use

Company grants Customer a limited, revocable license to use the Service solely for its Intended Use: legitimate business-to-business sales acceleration, coaching, and telemarketing in compliance with all applicable laws.

7.2 Prohibited acts

Customer shall not:

• Use the Service for any illegal purpose, including fraud, harassment, or "swatting."
• Attempt to interfere with, compromise the integrity or security of, or decipher any transmissions to or from the servers running the Service.
• Take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
• Upload invalid data, viruses, worms, or other software agents through the Service.
• Impersonate another person or entity, or misrepresent your affiliation with any person or entity.
• Use the Service to send unsolicited commercial messages, to harass others, or to distribute malicious code.
• Upload or transmit content that infringes intellectual-property rights, is unlawful, or is otherwise prohibited.

7.3 Non-cloning and anti-competition

You are expressly prohibited from copying, cloning, or imitating the platform. You may not access the Service for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purpose. You shall not copy, modify, create derivative works of, reverse-engineer, decompile, or otherwise attempt to extract the source code or "look and feel" of the Service. Any attempt to replicate the user interface, user experience, or underlying logic of the Service for a competing product will be prosecuted to the fullest extent of the law.

8. Telephony and regulatory compliance

Customer assumes extensive legal-compliance obligations under this section. You agree to indemnify Company fully for any fines, penalties, or damages resulting from your violation of the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), or state telemarketing laws.

8.1 Customer TCPA and TSR obligations

Customer is solely responsible for ensuring its campaigns adhere to the requirements of the Telephone Consumer Protection Act (TCPA) and the Telemarketing Sales Rule (TSR). This includes maintaining internal do-not-call lists, honoring DNC requests immediately, and adhering to calling-curfew hours. The platform provides tools to assist with these obligations but does not guarantee compliance.

8.2 Call recording and consent

The Service records calls by default to support compliance audits, quality monitoring, and the live-coaching console. Customer is responsible for providing any notices or obtaining any consents required by applicable federal or state law in the jurisdictions where Customer operates or where Customer's prospects are located.

9. CallView SMS program terms

This section governs the CallView SMS messaging program. By providing your mobile number to CallView and opting in to receive text messages, you agree to these SMS program terms.

9.1 Program description

The CallView SMS program is operated by CallView AI Inc. The program sends transactional and informational text messages to mobile phone numbers of users who have affirmatively opted in to receive them.

9.2 Types of messages

• Confirmations. Confirming demos, bookings, or meetings.
• Reminders. Reminders before a scheduled demo, call, or meeting.
• Follow-ups. Messages following a phone conversation with CallView or conducted on your behalf, including summaries, next steps, and resource links.
• Account and service notifications, if you are a CallView customer.
• Occasional product or service updates, only if you have separately opted in to receive them.

9.3 Frequency

Message frequency varies. Typically you will receive no more than 10 messages per month.

9.4 Message and data rates

Message and data rates may apply. CallView does not charge a fee for the SMS program itself, but your mobile carrier may charge for messages sent and received.

9.5 How to get help

Reply HELP to any message to receive program support information, or email support@callview.ai.

9.6 How to opt out

Reply STOP to any CallView message to opt out of that program. CallView also honors UNSUBSCRIBE, CANCEL, END, QUIT, and OPTOUT. After opting out, you will receive one final confirmation message and no further messages from that program unless you opt in again.

9.7 Consent and privacy

Consent to receive text messages is not a condition of purchase or of receiving any CallView service. How your phone number and SMS consent data are handled is described in our Privacy Policy, including this disclosure:

Text messaging originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the text message services.

9.8 Supported carriers

The CallView SMS program is available on major U.S. mobile carriers. Carriers are not liable for delayed or undelivered messages. Message delivery is subject to your mobile carrier and is not guaranteed.

10. Fees and payment terms

10.1 Payment processing (Stripe)

We use Stripe, Inc. ("Stripe") as our third-party payment processor. By using the Service, you agree to be bound by Stripe's Connected Account Agreement. You authorize us to share your payment information with Stripe. Company does not store your credit-card information on its servers and is not liable for the security of your payment details processed by Stripe.

10.2 Non-refundable

All fees are non-refundable. You acknowledge that we incur costs to provision infrastructure for your account immediately upon signup. There are no refunds for partial months, unused minutes, or service downtime unless explicitly guaranteed in a separate SLA.

10.3 Fair-use policy

Plans that include "unlimited calls and minutes" are subject to our fair-use policy, designed to ensure all customers receive consistent, high-quality service. Fair-use guidelines:

• Usage must be consistent with normal business operations for outbound sales.
• The Service may not be resold or used to provide calling services to third parties.
• Automated or programmatic abuse of the calling system is prohibited.
• Usage patterns that negatively impact service quality for other customers may be subject to review.

We reserve the right to contact customers whose usage significantly exceeds typical patterns. In rare cases of extreme misuse, we may apply reasonable usage limits or recommend a custom enterprise plan.

11. Intellectual property

You retain ownership of your Customer Data. CallView retains ownership of the platform, including all algorithms, model weights, and platform intelligence. Nothing in these Terms grants you any right to use CallView trademarks, logos, or trade dress without our prior written consent.

12. Third-party services and links

Our website and Service may contain links to third-party sites or services that are not controlled by CallView. We are not responsible for the content, policies, or practices of any third-party site or service. Your use of any third-party site or service is at your own risk and subject to that third party's terms.

13. Disclaimers and limitation of liability

13.1 "As is" and "as available"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF DEALING. CALLVIEW DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

13.2 Cybersecurity and hacking waiver

YOU ACKNOWLEDGE THAT THE SERVICE IS INTERNET-BASED AND SUBJECT TO RISKS INHERENT TO THE INTERNET. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSS OF DATA, OR LOSS OF PROFITS RESULTING FROM: (A) HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE OR YOUR ACCOUNT; (B) DDoS ATTACKS, RANSOMWARE, OR VIRUSES; OR (C) BUGS, ERRORS, OR INACCURACIES IN THE SERVICE.

13.3 Liability cap

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO COMPANY IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD).

13.4 Excluded damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

14. Indemnification

Customer shall defend, indemnify, and hold harmless Company and its officers, directors, employees, and agents from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of: (a) your use of the Service; (b) your violation of any law (including TCPA or TSR); (c) any claim that your content infringes the rights of a third party; or (d) your violation of these Terms.

15. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including if we believe you have violated these Terms. Provisions that by their nature should survive termination will survive, including definitions, intellectual property, disclaimers, limitations of liability, indemnification, governing law, and any other provision intended to survive.

16. Governing law and dispute resolution

16.1 Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles.

16.2 Binding arbitration

All disputes arising out of or relating to these Terms or the Service must be resolved by binding arbitration administered in Wilmington, Delaware under the American Arbitration Association's Commercial Arbitration Rules. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms.

16.3 Class-action waiver

You and CallView agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, or representative basis. If for any reason a claim proceeds in court rather than in arbitration, you and CallView each waive any right to a jury trial.

17. General provisions

17.1 Severability

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions will remain in effect.

17.2 Entire agreement

These Terms, together with any Order Forms and the Privacy Policy, constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning their subject matter.

17.3 AI-development disclosure

Customer acknowledges that portions of the Service's source code and architecture may have been generated with the assistance of artificial-intelligence coding tools. Company represents that it holds valid title or license to the output of such tools but disclaims any warranty that AI-generated code is free from non-material errors or non-infringement of third-party rights not discoverable by standard industry due diligence.

17.4 Assignment

You may not assign these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

18. Changes to these terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

19. Contact us

For legal notices or questions about these Terms, contact us at support@callview.ai.