CALLMEAI TERMS OF SERVICE

IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE SERVICE (AND ASSOCIATED SOFTWARE) (COLLECTIVELY, THE "SERVICE") CALLMEAI AND ITS AFFILIATES ("CALLMEAI") IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING. BY UTILIZING THE CALLMEAI SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE "AGREEMENT"). THE CALLMEAI SERVICE IS NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS.

CallmeAI ("CallmeAI", "we", "us", or "our") is a software product owned, operated, and maintained by Baseworks Technologies Private Limited.

All agreements, subscriptions, invoices, payments, data processing activities, and contractual obligations related to the use of the CallmeAI platform are entered into with Baseworks Technologies Private Limited.

CallmeAI will provide the Service, and you may access and use the Service, in accordance with this Agreement. If you order the Service through an online registration page or an order form (each an "Order Form"), the Order Form may contain additional terms and conditions and information regarding the Service you are ordering.

1. The Service

1.1 Service Description

The Service is a cloud-based voice agent platform. It is designed to enable you to call via AI, transcribe, analyze THE CALLS (together with all other information or data that you make accessible to CallmeAI, "Content").

1.2 Service Access

CallmeAI provides you a right and permission to use the Service subject to a valid subscription, pursuant to the terms of the Order Form, or subject to free evaluation terms, as further detailed below.

1.3 User Accounts

Upon your subscription to the Service, CallmeAI will grant you access to the Service or certain parts of it, which will allow CallmeAI or you to add end-user accounts ("Permitted Users") and to control or manage certain features of the Service. Permitted Users' access to the Service is limited and personal. You are responsible for actions taken by Permitted Users or by anyone using your accounts and passwords.

1.4 Service Availability

CallmeAI uses commercially reasonable efforts to maintain the highest Service availability. However, CallmeAI cannot guarantee that the Service will operate in an uninterrupted or error-free manner. CallmeAI performs Service maintenance and uses commercially reasonable efforts to schedule system down-time to off-peak hours and to avoid service interruptions and delays.

1.5 Artificial Intelligence Services

CallmeAI utilizes artificial intelligence (AI) technologies to power conversational automation and related AI features within the Service. Our AI backend currently uses a combination of third-party AI service providers.

Google Gemini: Used for conversational automation, natural language processing, and AI-powered interactions.

OpenAI: Used for conversational automation, natural language processing, and AI-powered interactions.

CallmeAI is also in the process of developing its own native AI model infrastructure; however, this system is still under development and is not yet live in production. The Service may transition to or incorporate native AI models in the future, and such changes will be communicated to users as appropriate.

By using the Service, you acknowledge and consent to the use of these third-party AI services for processing your Content and interactions within the Service.

2. Evaluation Period

CallmeAI may make the Service or any part of it available to you on an evaluation basis until the earlier of (i) the end of the applicable evaluation period pursuant to the Order Form, (ii) your purchase of a Service subscription, or (iii) any termination of the evaluation by CallmeAI for any reason, or for no reason at all, by sending you a termination notice with immediate effect.

3. Data Security

3.1 Security Measures

CallmeAI will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. CallmeAI will notify you if it becomes aware of unauthorized access to Content. CallmeAI will not access, view or process Content except (a) as provided for in this Agreement and in CallmeAI's privacy policy ("Privacy Policy"); (b) as authorized or instructed by you; (c) as required to perform its obligations under this Agreement; or (d) as required by applicable law. CallmeAI has no other obligations with respect to Content.

3.2 Data Processing Agreement

The terms of CallmeAI's Data Processing Agreement ("DPA") are incorporated by reference into this Agreement and apply to the processing of personal information which is part of your Content.

4. Your Undertakings

4.1 Responsibilities

You assume full responsibility for your and your Permitted Users' use of the Service in accordance with this Agreement and with applicable local, state, federal, national, and international laws, regulations, and treaties, and warrant that you have obtained all rights in the Content to authorize CallmeAI to input, process, distribute, and display the Content as contemplated by the Agreement.

4.2 Prohibited Uses

You will not, and will ensure that your Permitted Users will not, use the Service or Content for any use or purpose that:

  • is obscene, libelous, blasphemous, defamatory, inciting hatred, terrorism or any similar offence;
  • infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party;
  • violates any applicable laws or regulations; or
  • may drive or encourage any third party to do any of the above.

4.3 Additional Restrictions

You will not, and will ensure that your Permitted Users will not:

  • use the Service for non-business calls or abuse the Service;
  • resell, transfer, grant others permission to use the Service, pledge, lease, rent, or share your rights under this Agreement (including without limitation to any of your affiliates);
  • modify, remove or amend CallmeAI's name or logo, update, reproduce, duplicate, or copy all or any part of the Service;
  • make any of the Service or Content available to anyone other than your employees and consultants for your benefit as intended pursuant to this Agreement;
  • use the Service in any way that restricts or inhibits the use of the Service;
  • access or attempt to access any of CallmeAI's systems, programs or data that are not made available for public use, or attempt to bypass any registration processes or security mechanisms of the Service; or
  • attempt to reverse engineer or otherwise extract source code of the Service.

4.4 Third-Party Services

When using the Service in conjunction with other third-party services, you will comply with the terms of service of such third-party services. CallmeAI shall not be liable for any termination, breach of terms, or suspension of service resulting from your use of those services.

4.5 Competitive Use

You may not access or use the Service if you are a direct competitor of CallmeAI, or for monitoring the Service's availability, performance or functionality, or for any other benchmarking or competitive purposes.

4.6 Google Calendar Integration

CallmeAI offers an optional integration with Google Calendar to enable event synchronization and appointment booking. By enabling this integration, you consent to CallmeAI accessing your calendar events through the following scopes:

  • https://www.googleapis.com/auth/calendar.readonly - To read your calendar events and availability
  • https://www.googleapis.com/auth/calendar.events - To create, update, and manage calendar events

These scopes are used solely for reading/syncing events, booking/managing appointments, and reminders where applicable.

Access and refresh tokens are never stored in plain text. All tokens are encrypted and securely maintained to preserve your authorized connection. Our services are hosted on Google Cloud Platform with Cloud Armour enabled for enhanced security.

You may revoke access to Google Calendar at any time via your Google Account settings. CallmeAI will no longer be able to access or manage your events once access is revoked.

5. Acceptable Use Policy and Privacy Policy

5.1 Restricted Activities: The Customer and/or Administrator(s) and/or Authorized User(s) are responsible for any use of CallmeAI. Any and all access and use of the Service must be in compliance with the Acceptable Use Policy ("AUP").

5.2 Privacy Policy: CallmeAI complies with its privacy policy and related data handling obligations.

5.3 Messaging and Call Recording Compliances: Customer use of messaging and recording features must comply with all local laws, regulations, and third-party policies.

5.4 Breach of AUP: In case of breach, CallmeAI may suspend or terminate access and may report relevant activities to appropriate authorities, subject to applicable law.

5.5 TCPA Compliance and Restrictions: Service is for inbound call handling and is not intended for outbound campaign telemarketing.

6. Subscription Fees

In consideration of the right to use the Service, you will pay subscription fees under the applicable Order Form. Unpaid amounts may accrue interest and collection-related costs. Except as expressly stated, payments are non-refundable.

Your Subscription Fees are exclusive of applicable taxes, levies, duties, or similar assessments.

CallmeAI may modify subscription fees effective from a renewal term by giving at least 30 days' notice before the current term ends.

7. Proprietary Rights; Your Feedback

All parts of the Service are protected by intellectual property rights. Except for your Content, rights to the Service and derivatives are retained by CallmeAI.

CallmeAI makes no ownership claim over your Content.

Any feedback or suggestions provided by you or your Permitted Users are assigned to CallmeAI without royalty or accounting obligations.

8. Links to Other Websites and Applications

The Service may contain links to third-party websites and applications. CallmeAI is not responsible for their content or your interactions with them.

9. Warranties; Disclaimer

Each party represents it has authority to enter this Agreement. Except as expressly provided, to the fullest extent permitted by law, CALLMEAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.

DURING ANY EVALUATION PERIOD, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE".

10. Privacy and Other Policies

Use of the Service is subject to CallmeAI's Privacy Policy. By providing your phone number on callmeai.ai, you consent to receive SMS communications related to requests, account notifications, and service updates, with opt-out by replying STOP.

11. Confidentiality

"Confidential Information" means information designated confidential or reasonably understood as confidential. Each party must protect the other party's confidential information and use it only as permitted by this Agreement.

12. Term and Termination

Subscription terms, breach termination rights, renewal conditions, and post-termination obligations are governed by this Agreement and the applicable Order Form.

13. Limitation of Liability

To the fullest extent permitted by law, neither party is liable for indirect or consequential damages, and each party's aggregate liability is limited as set out in this Agreement.

14. Limitation of Claims

Any claim or cause of action arising out of or related to the Service or this Agreement must be filed within two years after it arose, or be forever barred.

15. Indemnification

CallmeAI and you each provide indemnities as described in this Agreement, subject to notice, cooperation, and settlement conditions.

16. Federal Government End Use Provisions

The Service is provided for ultimate federal government end-use solely in accordance with this Agreement.

17. Copyright Protection - Digital Millennium Copyright Act

If you believe content hosted on the Service infringes copyrights, contact the designated agent:

Copyright: callmeai.ai

E-mail: jeremy@callmeai.ai

18. Governing Law and Exclusive Courts

This Agreement is governed by the laws of India. You and CallmeAI consent to the exclusive jurisdiction and venue of courts in India, except for temporary relief for intellectual property protection where applicable.

19. Force Majeure

Neither party is liable for failures caused by events beyond reasonable control, including acts of God or war, subject to notice.

20. Injunctive Relief

Unauthorized use of the Service may cause irreparable injury to CallmeAI, and CallmeAI may seek equitable relief without bond.

21. General

21.1 Entire Agreement

This Agreement, the Order Form, the Privacy Policy and the DPA comprise the entire agreement between you and CallmeAI and supersede all prior agreements.

21.2 Independent Contractors

You and CallmeAI are independent contractors.

21.3 Severability

If any provision is held unlawful, the remaining provisions remain in effect.

21.4 Section Titles

Section titles are for convenience only.

21.5 Modifications

Modifications or waivers must be in writing signed by both parties.

21.6 Third-Party Beneficiaries

CallmeAI suppliers are beneficiaries of the protections contained herein.

21.7 Assignment

This Agreement may not be transferred or assigned by either party except to a successor of substantially all its business or assets.

Contact

For questions regarding these Terms, please contact:

Website: https://www.callmeai.ai

E-mail: jeremy@callmeai.ai

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