1. Company Information and Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and CallWise Technologies, Inc., a Delaware corporation ("CallWise," "we," "us," or "our"). Our principal business address is located at 525 GOUGH ST, SAN FRANCISCO, CA 94102.

By accessing, using, or registering for our AI-powered voice agent services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

2. Service Description and Scope

CallWise provides AI-powered voice agent technology designed to enhance business communications through:

• Intelligent Call Handling: 24/7 automated phone answering with natural language processing
• SMS and Email Communications: Automated text messaging and email correspondence with customers
• Appointment Scheduling: Automated booking, rescheduling, and confirmation services via phone, SMS, and email
• Customer Communication: Follow-up calls, SMS reminders, email notifications, and multi-channel customer service interactions
• Business Integration: Connection with CRM systems, calendars, and business management tools
• Analytics and Reporting: Call insights, SMS/email engagement metrics, and business intelligence

Our services are available in multiple tiers (Basic, Professional, Enterprise) with varying feature sets and usage limits. Service availability is currently limited to the United States and Canada, with English language support. Additional languages and regions may be added at our discretion.

While we strive for 99.9% uptime, our services are subject to scheduled maintenance windows and may experience temporary interruptions due to technical issues, updates, or third-party service dependencies.

3. User Accounts and Registration

Account Creation Requirements

To use CallWise services, you must create an account and provide accurate, current information. Account registration requires:

• Valid business information and contact details
• A valid email address for account communications and service notifications
• A mobile phone number for SMS notifications and multi-factor authentication (optional but recommended)
• Verification of business entity (if applicable)
• Agreement to these Terms and Privacy Policy
• Age verification (must be 18 years or older, or legal age of majority in your jurisdiction)

Account Security and Access

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breach.

Business accounts may designate multiple users with varying access levels (Administrator, User, View-only). Account administrators are responsible for managing user permissions and ensuring compliance with these Terms by all account users.

Account Suspension and Deactivation

We reserve the right to suspend or deactivate your account if you violate these Terms, fail to pay fees when due, or engage in activities that may harm our service or other users. We will provide notice when possible, except in cases requiring immediate action for security or legal reasons.

4. Acceptable Use Policy

You agree to use CallWise services only for lawful business purposes and in compliance with all applicable laws and regulations. Prohibited uses include, but are not limited to:

Communication Law Compliance

• Violations of the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or similar regulations
• Making unsolicited calls to numbers on Do Not Call registries
• Sending unsolicited SMS messages without proper consent and opt-in procedures
• Sending commercial emails without required unsubscribe mechanisms and proper headers
• Robocalling without proper consent and disclosures
• Sending automated messages without required opt-out mechanisms
• Failing to honor opt-out requests for SMS, email, or voice communications
• Violating CTIA guidelines for SMS messaging or email best practices

Prohibited Activities

• Illegal activities, fraud, or deceptive practices
• Harassment, abuse, or threats toward any individual
• Impersonation of another person or entity
• Distribution of malware, viruses, or harmful code
• Attempting to reverse engineer, decompile, or hack our services
• Using our services to develop competing products or services
• Excessive usage that may impact service performance for other users

Customer Interaction Standards

When configuring your AI voice agent, you must ensure that interactions with your customers remain professional, accurate, and comply with your industry's standards and regulations. You are responsible for monitoring and adjusting AI responses to maintain appropriate customer service quality.

5. Intellectual Property Rights

CallWise Technology and Platform

CallWise owns all rights, title, and interest in the AI voice agent technology, software platform, algorithms, and related intellectual property. This includes but is not limited to copyrights, patents, trademarks, trade secrets, and proprietary methodologies.

License Grant to You

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use our services during your subscription period. This license does not include the right to:

• Copy, modify, or create derivative works of our technology
• Distribute, sell, or sublicense access to our services
• Remove or alter any proprietary notices or labels
• Use our services to develop competing products or services

Your Data and Content Ownership

You retain ownership of all business data, call recordings, customer information, and content you provide to our services. By using CallWise, you grant us a limited license to process this data solely for the purpose of providing our services to you.

Third-Party Content and Integration

Our services may integrate with third-party platforms and display third-party content. You are responsible for ensuring you have proper rights and permissions to use any third-party content through our platform.

6. Payment Terms and Billing

Subscription Fees and Billing Cycles

CallWise operates on a subscription-based pricing model with monthly or annual billing cycles. Subscription fees are charged in advance and are based on your selected service tier and usage limits. All fees are stated in U.S. dollars.

Payment Methods and Processing

We accept major credit cards, ACH transfers, and wire transfers for payment. Payment processing is handled by third-party payment processors, and you agree to their terms of service. You authorize us to charge your selected payment method for all fees and charges incurred.

Late Payments and Failed Transactions

Late payments may result in service suspension after a 10-day grace period. A late fee of 1.5% per month (or the maximum allowed by law) may be applied to overdue amounts. If payment fails repeatedly, we may terminate your account and pursue collection of outstanding amounts.

Refunds and Pro-rating

Subscription fees are generally non-refundable. However, we may provide pro-rated refunds for service interruptions exceeding 48 consecutive hours when caused by our systems. Refund requests must be submitted within 30 days of the billing period in question.

Taxes

You are responsible for all applicable taxes related to your use of CallWise services, including sales tax, VAT, and other local taxes. We may collect taxes where legally required, but you remain ultimately responsible for tax compliance in your jurisdiction.

7. Data Retention and Usage

Data Collection and Types

CallWise collects and processes various types of data to provide our services:

• Call recordings and transcripts
• SMS message history and delivery status
• Email communications and engagement metrics
• Customer contact information and interaction history across all channels
• Business configuration and integration data
• Usage analytics and performance metrics
• Technical logs and system diagnostics

Data Retention Periods

We retain different types of data for varying periods:

• Call Recordings: 90 days (or as specified in your service plan)
• Call Transcripts and Summaries: 2 years from creation date
• SMS Message History: 1 year from send date
• Email Communications: 2 years from send date
• Customer Contact Data: Duration of account plus 30 days
• Usage Analytics: 3 years for billing and service improvement purposes
• System Logs: 1 year for security and troubleshooting

Your Data Rights

You have the right to access, export, modify, or delete your data stored in our systems. Data export requests can be fulfilled within 30 days. Deletion requests will be processed within 60 days, though some data may be retained longer for legal compliance or backup purposes.

Aggregated and Anonymized Data Use

CallWise may use aggregated, anonymized data derived from our services to improve AI performance, develop new features, and conduct research. This anonymized data cannot be used to identify specific customers or individuals and does not include personal or confidential business information.

Data Backup and Recovery

We maintain regular backups of customer data and have disaster recovery procedures in place. However, you are encouraged to maintain your own backups of critical business data and should not rely solely on our systems for data preservation.

8. Service Modifications and Updates

CallWise continuously improves our services and may modify features, functionality, or user interfaces. We reserve the right to:

• Add new features and capabilities to enhance service value
• Modify existing features to improve performance or security
• Deprecate or remove features that are no longer viable or widely used
• Update integrations with third-party services

Notice Requirements

For material changes that significantly impact your use of the service, we will provide at least 30 days' advance notice via email to your registered address or in-product notifications. We may also send SMS notifications for critical updates that require immediate attention. Minor updates, bug fixes, and security patches may be implemented without advance notice.

Feature Deprecation and Migration

When deprecating features, we will provide reasonable notice and, where possible, migration paths or alternative solutions. We may offer technical assistance to help transition to new features or recommend suitable alternatives.

9. Disclaimers and Warranties

Service Provided "As-Is"

CALLWISE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AI Performance and Accuracy

While our AI technology is sophisticated, we do not guarantee perfect accuracy in voice recognition, call handling, or automated responses. AI-generated communications may occasionally contain errors, and you remain responsible for monitoring and correcting AI interactions as needed for your business requirements.

Third-Party Service Integration

CallWise integrates with various third-party services and platforms. We do not control these third-party services and disclaim any warranties regarding their availability, performance, or compatibility with our services.

Customer Communication Responsibility

You acknowledge that you are ultimately responsible for all communications made through our AI voice agents on behalf of your business. This includes ensuring accuracy of information provided to customers and compliance with applicable communication laws and professional standards.

10. Limitation of Liability

Damages Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALLWISE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO CALLWISE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Excluded Damages

IN NO EVENT SHALL CALLWISE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITIES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Customer Indemnification

You agree to indemnify, defend, and hold harmless CallWise from and against any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from:

• Your use of CallWise services in violation of these Terms
• Your violation of applicable laws or regulations
• Your business practices or customer interactions
• Content you provide or configure within our services
• Claims that your use of our services infringes third-party rights

Exceptions

The limitations in this section do not apply to our gross negligence, willful misconduct, or violations of applicable law. Some jurisdictions do not allow exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.

11. Termination Provisions

Termination by Either Party

Either party may terminate this agreement with thirty (30) days' written notice. You may terminate by canceling your subscription through your account dashboard or by contacting customer support. We may terminate by providing notice to your registered email address.

Immediate Termination for Cause

We may immediately terminate your account without notice if you:

• Materially breach these Terms and fail to cure within 10 days of notice
• Fail to pay fees when due after the grace period
• Engage in prohibited activities that may harm our service or other users
• Violate applicable laws in your use of our services
• Attempt to circumvent security measures or access restrictions

Data Retention and Deletion Upon Termination

Upon termination, we will provide you with the opportunity to export your data for thirty (30) days. After this period, we will delete your data according to our standard retention policies, except as required for legal compliance, dispute resolution, or as specified in these Terms.

Survival of Terms

The following provisions will survive termination: payment obligations, intellectual property rights, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution.

Refund Obligations

If you terminate for cause due to our material breach, you may be entitled to a pro-rated refund of prepaid fees. Termination for other reasons does not entitle you to refunds of prepaid subscription fees.

12. Dispute Resolution

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes that cannot be resolved through arbitration will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.

Mandatory Arbitration

Except for injunctive relief and intellectual property disputes, all disputes arising out of or relating to these Terms or your use of CallWise services must be resolved through binding arbitration conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS OF ANY KIND.

Attorney Fees

In any dispute resolution proceeding, the prevailing party may be entitled to recover reasonable attorney fees and costs, except where prohibited by applicable law.

13. Compliance and Regulatory

Customer Compliance Responsibilities

You are responsible for ensuring your use of CallWise services complies with all applicable laws and regulations in your jurisdiction and industry, including but not limited to:

• Healthcare regulations (HIPAA, if applicable)
• Financial services regulations (if applicable)
• Data protection laws (GDPR, CCPA, etc.)
• Industry-specific professional standards
• Local business licensing and communication requirements

CallWise Regulatory Compliance

CallWise maintains compliance with applicable AI, communication, and data protection regulations. We regularly review and update our practices to align with evolving regulatory requirements and will notify customers of any changes that may impact their use of our services.

SMS and Email Compliance

When using CallWise's SMS and email features, you must comply with all applicable messaging laws and regulations:

• Obtain express written consent before sending commercial SMS messages or emails
• Include clear opt-out instructions in all messages (e.g., "Reply STOP to unsubscribe")
• Honor opt-out requests within 10 business days
• Maintain records of consent and opt-out requests
• Follow CTIA guidelines for SMS messaging
• Comply with CAN-SPAM Act requirements for email communications
• Use appropriate message frequency to avoid spam complaints

Export Control and International Use

Our services are subject to U.S. export control laws and regulations. You may not use, export, or re-export our services in violation of applicable export control laws. International use is subject to local laws and may require additional compliance measures.

Law Enforcement Cooperation

CallWise will cooperate with law enforcement agencies when legally required, including providing information pursuant to valid legal processes such as subpoenas, court orders, or search warrants.

14. Force Majeure

Neither party will be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to:

• Natural disasters, earthquakes, floods, or severe weather
• War, terrorism, civil unrest, or government actions
• Internet outages, telecommunications failures, or power grid failures
• Pandemics, epidemics, or public health emergencies
• Third-party service provider failures beyond our control

Notice and Mitigation

The affected party must promptly notify the other party of any force majeure event and use reasonable efforts to mitigate its impact and resume normal operations as quickly as possible.

Extended Force Majeure

If a force majeure event continues for more than sixty (60) days, either party may terminate this agreement with written notice. In such cases, you may be entitled to a pro-rated refund of prepaid fees for unused services.

15. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any applicable service-specific terms, constitute the entire agreement between you and CallWise regarding the subject matter herein and supersede all prior agreements, understandings, and communications.

Severability

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

Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. CallWise may assign these Terms or any rights hereunder to any affiliate or in connection with a merger, acquisition, or sale of assets.

Amendment Procedures

We may modify these Terms from time to time by posting updated terms on our website and notifying you via email or in-product notification. Your continued use of the services after such notice constitutes acceptance of the modified Terms.

Notices

All notices under these Terms must be in writing and delivered via email to the addresses on file or by certified mail to the business addresses listed in your account or these Terms. We may also send operational notices, service updates, and account-related communications via SMS to the mobile number associated with your account or via email to your registered email address. You agree that electronic communications satisfy any legal requirements for written communications. Notices to CallWise should be sent to legal@trycallwise.com.

Waiver

No waiver of any provision of these Terms will be deemed or shall constitute a waiver of any other provision. Any waiver must be in writing and signed by the party waiving the right.

16. Contact and Legal Information

Customer Support

For general questions about CallWise services, technical support, or billing inquiries:

• Email: support@trycallwise.com
• Phone: 1-800-CALLWISE (1-800-225-5947)
• Business Hours: Monday-Friday, 9:00 AM - 6:00 PM EST
• Response Time: Within 24 hours for general inquiries, 4 hours for urgent technical issues

Legal and Compliance

For legal matters, disputes, terms questions, or compliance issues:

• Email: legal@trycallwise.com
• Mailing Address:
  CallWise Technologies, Inc.
  Legal Department
  525 GOUGH ST
  SAN FRANCISCO, CA 94102

Reporting Violations and Abuse

To report suspected violations of these Terms, abuse of our services, or security concerns:

• Email: abuse@trycallwise.com
• Security Issues: security@trycallwise.com

We take all reports seriously and will investigate promptly. When reporting issues, please provide as much detail as possible, including account information, dates, and specific concerns.