Terms of Service

1. Acceptance of Terms

Welcome to callins.ai. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and callins.ai ("we," "us," or "our") governing your access to and use of our AI-powered phone answering service, website, software, and related services (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, do not use the Services.

These Terms apply to all users, including businesses, individuals, and any person or entity accessing the Services.

2. Eligibility and Account Registration

2.1 Age and Capacity

You must be:

• At least 18 years of age
• Capable of forming a binding contract under applicable law
• Authorized to bind the business entity you represent (if applicable)

2.2 Account Registration

To use the Services, you must:

• Create an account with accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Be responsible for all activities under your account
• Notify us immediately of any unauthorized access

2.3 Business Use

The Services are intended for legitimate business purposes only. You represent that you operate a lawful business and will use the Services in compliance with all applicable laws and regulations.

3. Service Description

callins.ai provides an AI-powered phone answering service that:

• Answers incoming calls using artificial intelligence
• Processes orders, reservations, and inquiries
• Records and transcribes phone calls
• Provides a dashboard for managing business operations
• Integrates with telecommunications infrastructure (Twilio)
• Uses third-party AI services (OpenAI, Google Cloud)

3.1 Service Availability

We strive to provide reliable Services but do not guarantee uninterrupted or error-free operation. Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

3.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation.

4. Subscription Plans and Payment

4.1 Subscription Plans

Services are offered on a subscription basis with various pricing tiers. Current pricing is available on our website and may be changed with 30 days' notice to existing customers.

4.2 Payment Terms

• Subscriptions are billed monthly or annually in advance
• Payment is processed through Stripe
• You authorize automatic recurring charges
• All fees are non-refundable except as required by law
• Prices are exclusive of taxes; you are responsible for applicable taxes

4.3 Free Trials

Free trials may be offered at our discretion. Trial terms will be specified at sign-up. After the trial period, your subscription will automatically convert to a paid plan unless canceled.

4.4 Failed Payments

If payment fails, we may suspend your access to the Services. Continued failure to pay may result in account termination. You remain responsible for unpaid fees plus collection costs.

4.5 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or Stripe Customer Portal. Cancellation takes effect at the end of the current billing period. You will continue to have access to Services until the period end. No refunds for partial months or unused services.

4.6 Price Changes

We may change subscription prices with 30 days' advance notice. Price changes apply at your next renewal. Continued use after a price change constitutes acceptance.

5. Telecommunications Services and Compliance

5.1 Phone Numbers

We provide phone numbers through Twilio. You do not own these numbers; they are licensed for use with our Services. We reserve the right to reclaim or reassign numbers if you violate these Terms or applicable laws.

5.2 Call Recording Notice

ALL CALLS ARE RECORDED AND TRANSCRIBED. By using the Services, you acknowledge and agree that:

• All incoming and outgoing calls will be recorded
• Recordings will be stored and processed by us and our service providers
• You are responsible for complying with applicable call recording laws in your jurisdiction
• You must inform your callers about recording where required by law

5.3 TCPA Compliance

You agree to comply with the Telephone Consumer Protection Act (TCPA) and all applicable telecommunications laws. You represent that:

• You have proper consent to call or text individuals
• You maintain proper Do Not Call lists and honor opt-out requests
• You will not use the Services for unsolicited marketing or robocalling

5.4 Prohibited Uses of Phone Services

You may NOT use phone services for:

• Telemarketing without proper consent and compliance
• Harassing, threatening, or abusive calls
• Fraud, scams, or illegal activities
• Spam or unsolicited communications
• Circumventing Do Not Call registries
• Impersonating others or providing false caller ID information

5.5 Service Quality and Limitations

Telecommunications services depend on third-party infrastructure. We are not liable for call quality issues, dropped calls, delays, or service interruptions caused by telecom providers or network conditions.

6. Acceptable Use Policy

6.1 Prohibited Activities

You agree NOT to:

• Violate any laws, regulations, or third-party rights
• Use Services for fraudulent, deceptive, or illegal purposes
• Transmit harmful code, viruses, or malware
• Attempt to gain unauthorized access to systems or data
• Reverse engineer, decompile, or disassemble the Services
• Interfere with or disrupt Services or servers
• Scrape, crawl, or extract data without authorization
• Impersonate any person or entity
• Harass, abuse, or harm others
• Use Services to compete with us or develop competing products
• Share or resell access to Services without authorization
• Remove or alter copyright notices or proprietary markings

6.2 Content Standards

You are responsible for all content processed through the Services. Content must not:

• Be illegal, defamatory, obscene, or harmful
• Infringe intellectual property rights
• Violate privacy rights
• Contain hate speech or promote violence
• Target minors inappropriately

6.3 Monitoring and Enforcement

We reserve the right (but have no obligation) to monitor use of Services and content. We may investigate violations and take appropriate action, including suspension or termination, reporting to authorities, or legal action.

7. Intellectual Property Rights

7.1 Our Property

The Services, including software, technology, content, design, trademarks, and all intellectual property rights, are owned by callins.ai or our licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes.

7.2 Your Content

You retain ownership of content you provide (business information, menu data, etc.). You grant us a worldwide, royalty-free license to use, store, process, and display your content solely to provide Services.

7.3 AI-Generated Content

Content generated by our AI (call responses, transcripts) is provided "as-is." We do not claim ownership of AI-generated content but may use it to improve Services.

7.4 Feedback

If you provide feedback, suggestions, or ideas, we may use them without obligation or compensation to you. You assign all rights in such feedback to us.

7.5 Trademark Usage

You may not use our trademarks, logos, or branding without prior written consent. Unauthorized use is prohibited.

8. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using Services, you consent to our privacy practices.

8.1 Data Processing Agreement

To the extent we process personal data on your behalf, you are the data controller and we are the data processor. You warrant that you have lawful basis to provide personal data to us and authorize processing as described in the Privacy Policy.

8.2 Customer Data Responsibility

You are responsible for obtaining necessary consents from your customers for data collection, call recording, and processing. You must comply with all applicable privacy laws (GDPR, CCPA, etc.).

9. Third-Party Services and Integrations

Our Services integrate with third-party providers including Twilio, OpenAI, Google Cloud, and Stripe. Your use of these integrations is subject to their respective terms of service and privacy policies.

We are not responsible for third-party services, their availability, or their conduct. Third-party integrations are provided "as-is" without warranty.

10. Disclaimers and Warranties

10.1 "AS-IS" Services

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY.

10.2 AI Limitations

Our AI technology is not perfect. We do not warrant that AI responses will be accurate, appropriate, or error-free. AI may misunderstand requests, provide incorrect information, or fail to process calls properly. You should implement appropriate oversight and quality controls.

10.3 No Guarantee of Results

We do not guarantee specific business outcomes, increased sales, improved efficiency, or any particular results from using the Services.

10.4 No Legal or Professional Advice

Services are not a substitute for professional advice. We do not provide legal, financial, medical, or other professional advice. Consult appropriate professionals for such matters.

10.5 Uptime and Reliability

While we strive for high availability, we do not guarantee uninterrupted service, error-free operation, or that defects will be corrected. Services may be unavailable due to maintenance, outages, or other issues.

11. Limitation of Liability

11.1 Disclaimer of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLINS.AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11.3 Excluded Damages

We are not liable for:

• Lost business opportunities or revenue
• Damage to reputation or goodwill
• Data loss or corruption (maintain your own backups)
• Third-party actions or services
• AI errors, misinterpretations, or failures
• Call quality issues or dropped calls
• Regulatory fines or penalties you incur
• Security breaches caused by your negligence

11.4 State-Specific Provisions

Some jurisdictions do not allow limitation of certain warranties or damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law. If you are a New Jersey resident, the limitation on indirect damages does not apply to actions for common law fraud.

11.5 Basis of Bargain

These limitations are fundamental elements of the basis of the bargain between you and callins.ai. We would not provide Services without these limitations.

12. Indemnification

You agree to indemnify, defend, and hold harmless callins.ai, its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of third-party rights
• Your content or business practices
• Your failure to comply with TCPA, call recording laws, or privacy laws
• Claims by your customers or third parties
• Your negligence or willful misconduct

We reserve the right to assume exclusive defense of any matter subject to indemnification. You will cooperate with our defense and not settle without our prior written consent.

13. Termination

13.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings. Termination takes effect at the end of the current billing period.

13.2 Termination by Us

We may suspend or terminate your access immediately, without notice, if:

• You violate these Terms
• You fail to pay fees
• Your use poses security or legal risks
• You engage in fraudulent or illegal activities
• Required by law or legal process
• We discontinue Services

13.3 Effects of Termination

Upon termination:

• Your access to Services will cease
• We may delete your account and data after a reasonable period
• You remain liable for all fees incurred before termination
• Sections that by nature should survive (liability, indemnification, disputes) will survive

13.4 Data Export

You should export your data before termination. After termination, we may delete data in accordance with our data retention policies. We are not obligated to retain or provide data after termination.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally. Provide a detailed description of the dispute and your desired resolution. We will attempt to resolve within 60 days.

14.2 Binding Arbitration

IF INFORMAL RESOLUTION FAILS, YOU AND CALLINS.AI AGREE THAT ANY DISPUTE SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT AS PROVIDED BELOW.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitrator's decision is final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

14.3 Arbitration Procedures

• Location: Arbitration will be held in [Your County/State] or via video conference
• Costs: Each party bears their own costs unless required otherwise by law
• One Arbitrator: Disputes will be heard by a single neutral arbitrator
• Discovery: Limited discovery as determined by the arbitrator
• Confidentiality: Arbitration proceedings are confidential

14.4 Exceptions to Arbitration

Either party may seek relief in court for:

• Intellectual property infringement claims
• Small claims court actions (within jurisdictional limits)
• Injunctive or equitable relief

14.5 Class Action Waiver

YOU AND CALLINS.AI AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

14.6 Opt-Out of Arbitration

You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to[email protected] with "Arbitration Opt-Out" in the subject line. Include your name, address, and account email.

14.7 State-Specific Provisions

If you are a California resident, the arbitration provision does not waive your right to seek relief from the California Department of Fair Employment and Housing or other administrative agencies.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of [Your State], United States, without regard to conflict of law principles. For disputes not subject to arbitration, you consent to the exclusive jurisdiction of state and federal courts located in [Your County, State].

15.1 Federal Law

Certain aspects of the Services are subject to federal laws including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, Electronic Communications Privacy Act, and other federal regulations.

16. Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, government actions, telecommunications failures, internet outages, third-party service disruptions, cyberattacks, or pandemics.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific Services, constitute the entire agreement between you and callins.ai regarding the Services.

17.2 Amendments

We may modify these Terms at any time. Material changes will be communicated via email or prominent notice. Continued use after changes constitutes acceptance. If you disagree with changes, you must stop using Services and cancel your subscription.

17.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect. Invalid provisions will be modified to the minimum extent necessary to make them enforceable.

17.4 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision. All waivers must be in writing.

17.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction, including to affiliates or in connection with a merger or sale.

17.6 No Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship. You have no authority to bind callins.ai.

17.7 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to [email protected]. Notices are effective when sent.

17.8 Export Controls

Services may be subject to U.S. export control laws. You may not use Services in violation of export laws or provide access to prohibited countries or individuals.

17.9 Government Use

Services are commercial computer software. If you are a U.S. government entity, use is subject to FAR 12.212 and DFARS 227.7202 with only those rights granted to commercial customers.

17.10 Statute of Limitations

Any claim arising from these Terms must be filed within one (1) year after the cause of action arises, or to the extent permitted by law, the shortest period allowed.

18. Accessibility

We are committed to ensuring our Services are accessible to individuals with disabilities. If you need these Terms in an alternative format or have accessibility concerns, contact us at [email protected].

19. Contact Information

For questions about these Terms, contact us:

20. Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.