Terms of Service
Effective Date: September 26, 2025
Company: CallerWave, Inc. ("CallerWave," "we," "us," "our")
Website: https://www.callerwave.ai
1. Definitions
- Customer: entity or individual who creates an account and uses the Services.
- End User: individual contacted by the Customer through the Services.
- Services: CallerWave's AI voice calling, recording, transcription, and related tools and platform.
- Content: all data, recordings, transcripts, and information processed through the Services.
- Usage Limits: the service limits applicable to your subscription plan (calls per month, storage, etc.).
- Confidential Information: non-public, proprietary information disclosed by either party.
2. Acceptance of Terms
By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
3. Eligibility & Accounts
- You must be at least 18 years old.
- You are responsible for login credentials and all account activity.
- We may suspend or terminate accounts for violations.
4. Customer Responsibilities
- Lawful Use: comply with all applicable laws when using the Services.
- Consent: obtain all required consents from End Users before recording or storing calls.
- Do Not Call Compliance: you are solely responsible for compliance with national, state, and local Do Not Call (DNC) registries and telemarketing laws (including TCPA). CallerWave does not scrub numbers against DNC lists and is not responsible for violations.
- Usage Limits: comply with your subscription plan's usage limits. Overage fees may apply for excess usage.
5. Acceptable Use Policy
You may NOT use the Services for:
- Spam, unsolicited marketing, or harassment
- Illegal activities or violating third-party rights
- Reverse engineering, decompiling, or creating derivative works
- Interfering with system security or performance
- Impersonating others or providing false information
- Competitive intelligence or benchmarking without permission
- High-risk use cases (emergency services, life support, etc.)
- Violating telemarketing laws, DNC registries, or TCPA rules
6. Prohibited Use: Telemarketing & Cold Calling
⚠️ CallerWave is STRICTLY PROHIBITED for telemarketing, cold calling, unsolicited marketing, lead generation, or any form of unsolicited outreach.
What CallerWave IS for (Consent-Based Use Only):
- ✅ Authorized contacts: Following up with individuals who have explicitly expressed interest and provided consent
- ✅ Existing customers: Appointment reminders, service notifications, and feedback collection for established customer relationships
- ✅ Opt-in contacts: Individuals who have explicitly and verifiably consented to receive communications from your business
What CallerWave is STRICTLY PROHIBITED for:
- ❌ Cold calling or prospecting: Any unsolicited calls to individuals who have not provided explicit consent
- ❌ Telemarketing or lead generation: Mass marketing campaigns, sales prospecting, or outbound lead generation using purchased, scraped, or rented contact lists
- ❌ DNC violations: Calling numbers on Do Not Call registries or individuals who have opted out
- ❌ Spam, harassment, or unsolicited outreach: Repeated, unsolicited, unwanted, or unauthorized communications
- ❌ Any form of unsolicited marketing or sales activity
📋 Your Legal Responsibilities:
- • DNC Compliance: YOU are solely responsible for ensuring compliance with all national, state, and local Do Not Call registries. CallerWave does NOT scrub numbers against DNC lists.
- • TCPA Compliance: YOU must comply with the Telephone Consumer Protection Act and obtain proper consent before calling any number.
- • Recording Consent: YOU must obtain all required consents for call recording under applicable two-party consent laws.
- • Truthfulness: All representations made during calls must be accurate and not misleading.
⛔ Immediate Account Termination:
We reserve the right to immediately suspend or terminate your account without refund if we detect or receive complaints about:
- Use of the platform for cold calling or telemarketing
- Violations of DNC registries or TCPA regulations
- Spam, harassment, or abusive calling patterns
- Fraudulent, deceptive, or illegal activities
- Any use that damages CallerWave's reputation or business relationships
7. Call Recordings & Transcripts
📁 Data Storage & Access
🎙️ Voice Recordings
30 Days
📝 Call Transcripts
180 Days
Customer Access: You can access and delete your data at any time through your account dashboard.
End User Requests: If you were contacted by one of our customers, please reach out to that business directly regarding your data. CallerWave does not mediate these requests.
8. Payments & Billing
💳 Payment Processing: All payments are securely processed through Stripe. CallerWave does not store your full payment details on our servers.
💰 Billing Structure
- • Subscription fees: Charged in advance
- • Usage-based fees: Charged monthly in arrears
- • Overage charges: Applied when plan limits exceeded
⚖️ Payment Terms
- • Refund Policy: Non-refundable unless required by law
- • Price Changes: 30 days' written notice
- • Late Payment: 15 days grace period before suspension
9. Service Levels
Service Availability: We target 99.5% uptime monthly (excluding scheduled maintenance).
- Planned maintenance: announced 48 hours in advance
- Emergency maintenance: best effort notification
- Support response: 24-48 hours for standard issues
- No SLA credits unless specified in Enterprise agreements
10. Intellectual Property
CallerWave IP: We own all rights to the Services, software, platform, algorithms, and branding.
Customer Content: You retain ownership of your data. You grant us a limited license to process, store, and transmit your Content solely to provide the Services.
Restrictions: You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code.
Feedback: Any feedback you provide becomes our property and may be used without compensation.
11. Data Protection & Security
- Data Processing: We process data according to our Privacy Policy and applicable data protection laws.
- Security: We implement industry-standard security measures but cannot guarantee absolute security.
- Data Breach: We will notify you of security incidents affecting your data as required by law.
- Export Control: Services may not be used in embargoed countries or by restricted parties.
- Backup: We maintain backups for operational purposes, not as a service guarantee.
12. Service Changes
We may add, remove, or modify features with reasonable notice. Material changes affecting core functionality will include 30 days' notice where feasible.
13. Account Suspension
We may suspend or restrict your account for:
- Violation of these Terms or Acceptable Use Policy
- Non-payment of fees (after 15 days' notice)
- Suspected fraudulent or illegal activity
- Risk to system security or other users
- Court order or legal requirement
We will provide notice and opportunity to cure where legally possible.
14. Disclaimers
The Services are provided "as is". We do not guarantee accuracy, availability, or uninterrupted service. AI responses and transcripts may contain errors.
15. Limitation of Liability
CallerWave's total liability is limited to fees paid by you in the past 12 months. We are not liable for indirect, incidental, or consequential damages.
16. Indemnification
You agree to indemnify and hold harmless CallerWave from claims, damages, or expenses arising from your use of the Services, your violation of these Terms, or your noncompliance with telemarketing laws (including DNC and TCPA rules).
17. Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control, including: natural disasters, government actions, pandemics, cyber attacks, infrastructure failures, labor disputes, or service provider outages. We will resume performance when reasonably possible and may terminate affected services with refund if delays exceed 60 days.
18. Governing Law & Dispute Resolution
These Terms are governed by the laws of New York, United States, without regard to conflict of law principles.
Dispute Resolution: Any disputes will be resolved in the state or federal courts of New York County, New York. You consent to personal jurisdiction and venue in these courts.
Class Action Waiver: Disputes must be brought individually. Class actions, class arbitrations, and representative actions are waived.
19. Termination
By Us: We may terminate your account immediately for material breach, or with 30 days' notice for convenience.
By You: You may terminate anytime by canceling your subscription. No refunds for unused portions of prepaid fees.
Effect: Upon termination, your right to use the Services ends immediately. Data will be deleted according to our retention policy.
20. Survival of Terms
The following sections survive termination: Definitions, Intellectual Property, Data Protection, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and this Survival clause.
21. Changes to Terms
We may update these Terms from time to time. We will provide notice of material changes by email and/or posting on our website.
Effective Date: Changes become effective 30 days after notice for existing customers, immediately for new customers.
Disagreement: If you disagree with changes, you may terminate your account before the effective date.
22. Contact
Legal Questions: contact@callerwave.ai