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Terms of Service

Last updated: November 14, 2024

1. Acceptance of Terms

By accessing or using CallEquip's voice agent services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access our Services.

These Terms apply to all visitors, users, and others who access or use the Services. By using the Services, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. Description of Services

CallEquip provides AI-powered voice agent services for businesses, including:

  • Automated phone call answering and routing
  • AI-powered customer interaction and support
  • Call recording and transcription services
  • Integration with business systems and workflows
  • Analytics and reporting tools

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.

3. Account Registration

To use certain features of the Services, you must register for an account. When registering, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or illegal activities.

4. Subscription and Payment

Billing

You agree to pay all fees associated with your selected subscription plan. Subscription fees are billed in advance on a monthly or annual basis and are non-refundable except as required by law or as explicitly stated in these Terms.

Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date. You may cancel your subscription at any time through your account settings.

Price Changes

We reserve the right to modify our pricing. If we change the price of your subscription, we will provide you with at least 30 days' advance notice. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the updated price.

Free Trial

If you register for a free trial, you may use the Services free of charge until the free trial period expires. At the end of the free trial, your account will automatically convert to a paid subscription unless you cancel before the trial ends.

5. Acceptable Use Policy

You agree not to use the Services to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Transmit spam, unsolicited communications, or deceptive content
  • Distribute malware, viruses, or other harmful code
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Engage in any activity that disrupts or interferes with the Services
  • Use the Services for illegal activities, including fraud or harassment
  • Reverse engineer or attempt to extract the source code of the Services
  • Resell or redistribute the Services without our written permission

Violation of this policy may result in immediate suspension or termination of your account.

6. Intellectual Property

Our Property

The Services, including all content, features, and functionality, are owned by CallEquip and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

Your Content

You retain ownership of any content you submit to the Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content as necessary to provide the Services.

Feedback

Any feedback, suggestions, or ideas you provide about the Services becomes our property and may be used without compensation or attribution to you.

7. Privacy and Data Protection

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and protect your information. By using the Services, you consent to our data practices as described in the Privacy Policy.

You are responsible for maintaining the confidentiality of any personal data you process through the Services and for complying with applicable data protection laws.

8. Third-Party Services

The Services may integrate with or contain links to third-party services. We are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is at your own risk and subject to their terms and conditions.

We use third-party providers including OpenAI for AI services and Stripe for payment processing. Your use of the Services constitutes acceptance of data sharing with these providers as necessary to deliver our Services.

9. Service Level Agreement

We strive to maintain high availability of the Services, but do not guarantee uninterrupted or error-free operation. Scheduled maintenance will be announced in advance when possible.

Enterprise customers may be eligible for separate Service Level Agreements with specific uptime guarantees. Contact our sales team for more information.

10. Disclaimers and Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR COMPLETENESS OF CONTENT
  • UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that the Services will meet your specific requirements or that defects will be corrected. You use the Services at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLEQUIP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Lost profits or revenue
  • Loss of data or business information
  • Business interruption
  • Cost of substitute services

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless CallEquip and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

13. Termination

Either party may terminate these Terms at any time. You may terminate by canceling your account and discontinuing use of the Services. We may terminate or suspend your account immediately, without prior notice, if:

  • You breach these Terms
  • We are required to do so by law
  • We discontinue the Services
  • Your account has been inactive for an extended period

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that should survive termination will continue to apply.

14. Dispute Resolution

Arbitration

Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, unless otherwise agreed.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the courts located in San Francisco County, California.

16. General Provisions

Entire Agreement

These Terms constitute the entire agreement between you and CallEquip regarding the Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure

Neither party shall be liable for any delay or failure to perform due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, or acts of civil or military authorities.

17. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Services at least 30 days before the changes take effect. Your continued use of the Services after the changes become effective constitutes acceptance of the revised Terms.

18. Contact Information

If you have any questions about these Terms, please contact us at:

CallEquip Legal Team Email: legal@callequip.com Phone: +1 720 961 2723 Address: 1580 N. Logan St., Ste 660, Denver, CO 80203