TERMS & CONDITIONS

These Terms & Conditions ("Terms") govern access to and use of the Callabra website, services, software, communications systems, AI-powered call handling systems, applications, integrations, and related technologies (collectively, the "Services") operated by Callabra AI LLC ("Company," "we," "our," or "us").

By accessing, browsing, registering for, purchasing, subscribing to, or otherwise using any part of the Services, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms.

If you do not agree to these Terms, you may not access or use the Services.

1. COMPANY SERVICES

Callabra provides AI-powered business communication and automation services designed primarily for small and medium-sized businesses operating within the United States.

Services may include, without limitation:

• AI-powered inbound call answering
• AI-powered outbound lead follow-up communications
• Appointment scheduling and booking
• Lead qualification and routing
• Customer support automation
• CRM integrations
• SMS follow-up workflows
• Call transfer systems
• AI conversational systems
• Business communication automation
• Analytics and reporting
• Workflow automations
• Subscription-based software and communication services

The Company does not provide legal advice, regulatory compliance services, telecommunications carrier services, emergency dispatch services, licensed call center staffing, or guarantees regarding lead conversion, revenue generation, or customer acquisition results.

2. ELIGIBILITY

You may use the Services only if:

• You are at least 18 years old;
• You possess authority to bind yourself or the business entity you represent;
• Your use complies with all applicable laws, regulations, carrier requirements, and industry standards.

By using the Services on behalf of a business entity, you represent and warrant that you possess authority to bind that entity to these Terms.

3. CLIENT RESPONSIBILITY FOR CONSENT & COMMUNICATION COMPLIANCE

The Company operates as a technology and communication automation provider.

CLIENTS ARE SOLELY RESPONSIBLE FOR ENSURING THAT ALL PHONE NUMBERS, CONTACT RECORDS, CUSTOMER DATA, LEADS, CONTACT LISTS, COMMUNICATION PREFERENCES, AND COMMUNICATION ACTIVITIES USED IN CONNECTION WITH THE SERVICES COMPLY WITH ALL APPLICABLE LAWS.

This includes, without limitation:

• Telephone Consumer Protection Act (TCPA)
• Telemarketing Sales Rule (TSR)
• FCC regulations
• State telemarketing laws
• State call recording laws
• Do-Not-Call regulations
• CAN-SPAM Act
• A2P messaging requirements
• Carrier registration obligations
• Consumer privacy laws
• Consent and disclosure requirements

The Company does not independently verify whether any lead, customer, prospect, or contact has provided legally sufficient consent.

Clients represent and warrant that:

• All contact data uploaded, transmitted, integrated, or used through the Services was lawfully obtained;
• Required consent has been obtained before any communication occurs;
• All communications initiated through the Services comply with applicable laws;
• The client possesses all rights necessary to use such data.

The Company expressly disclaims all responsibility and liability arising from:

• Improper lead sourcing;
• Unlawful telemarketing practices;
• Unauthorized communications;
• Failure to obtain consent;
• Use of purchased, scraped, rented, or non-compliant contact lists;
• Client violations of telecommunications laws;
• Carrier violations caused by client conduct.

The client assumes full legal responsibility for all communications conducted using the Services, whether initiated manually, automatically, through integrations, or through AI-generated workflows.

4. AI DISCLOSURES

The Services may involve the use of artificial intelligence systems, machine learning models, automated speech systems, synthesized voices, automated workflows, and AI-generated conversational outputs.

Clients acknowledge and agree that:

• AI systems may generate inaccurate, incomplete, delayed, misunderstood, or unintended outputs;
• AI systems may misunderstand callers or user intent;
• AI systems are not human operators;
• AI systems may experience outages, hallucinations, interruptions, latency, or technical failures;
• AI-generated outputs should not be relied upon as legal, financial, medical, emergency, or professional advice.

The Company does not guarantee:

• Perfect conversational accuracy;
• Human-equivalent performance;
• Successful appointment booking;
• Revenue outcomes;
• Lead conversion;
• Continuous uptime;
• Error-free operation.

Clients remain solely responsible for supervising, reviewing, configuring, monitoring, and validating all workflows and communications generated through the Services.

5. PROHIBITED USES

You may not use the Services:

• For unlawful, fraudulent, deceptive, abusive, or misleading purposes;
• To violate consumer protection laws;
• To impersonate individuals or entities unlawfully;
• To conduct unlawful robocalling or spam campaigns;
• To contact individuals without required consent;
• To transmit malicious software or harmful code;
• To interfere with network infrastructure;
• To violate carrier policies;
• To process protected health information in violation of applicable laws;
• To collect or process children's data unlawfully;
• To engage in harassment, discrimination, threats, or abusive conduct;
• To attempt unauthorized access to systems or accounts;
• To reverse engineer or exploit the Services;
• To overload infrastructure or interfere with platform stability.

The Company reserves the right to suspend or terminate access immediately if it reasonably believes a client may be violating applicable laws, carrier policies, or these Terms.

6. CALL RECORDING & MONITORING

The Services may include call recording, transcription, analytics, monitoring, logging, storage, and AI processing capabilities.

Clients are solely responsible for:

• Providing legally required recording disclosures;
• Obtaining legally required consent;
• Complying with all federal and state recording laws;
• Determining whether one-party or two-party consent laws apply.

The Company does not guarantee that any automated disclosure configuration satisfies legal requirements in any jurisdiction.

Clients acknowledge that communications processed through the Services may be monitored, recorded, analyzed, transcribed, and processed by AI systems and third-party infrastructure providers.

Website demo calls. The interactive voice demo on our website records the audio and transcript of your conversation with the AI agent. By starting a demo call, you acknowledge and consent to this recording and to AI processing of the conversation, and you agree not to provide real sensitive personal information during a demo.

7. THIRD-PARTY SERVICES & INFRASTRUCTURE

The Services may rely on third-party providers, infrastructure partners, APIs, cloud platforms, telecommunications providers, AI providers, payment processors, and related technologies.

These may include, without limitation:

• Twilio
• Deepgram
• Google Gemini
• OpenAI
• Anthropic
• ElevenLabs
• Cartesia
• Cloudflare
• DigitalOcean
• Stripe

The Company does not control third-party systems and is not responsible for:

• Third-party outages;
• Service interruptions;
• Data loss;
• AI model behavior;
• Carrier filtering;
• Telecom disruptions;
• Infrastructure failures;
• API limitations;
• Security incidents caused by third parties.

Use of certain Services may additionally be governed by third-party terms and policies.

8. PAYMENT TERMS

Clients agree to pay all fees associated with the Services.

Subscription fees, setup fees, usage-based charges, overage fees, telecommunications costs, AI processing costs, SMS charges, and related fees are due according to the applicable service agreement, proposal, invoice, or subscription plan.

Unless otherwise agreed in writing:

• Fees are non-refundable;
• Payments are due immediately upon invoicing;
• Recurring subscriptions renew automatically;
• The Company may suspend Services for non-payment;
• The client authorizes recurring billing using the designated payment method.

Failure to pay may result in:

• Service suspension;
• Account termination;
• Collections activity;
• Removal of phone numbers;
• Deletion of configurations or data.

The Company reserves the right to change pricing at any time upon notice.

9. NO GUARANTEE OF RESULTS

The Company makes no guarantee regarding:

• Lead quality;
• Revenue generation;
• Booking rates;
• Call volume;
• Customer satisfaction;
• Business growth;
• SEO performance;
• Conversion rates;
• Operational savings;
• Marketing performance.

Any examples, projections, demonstrations, statistics, testimonials, or case studies are illustrative only and do not constitute guarantees.

10. INTELLECTUAL PROPERTY

All software, systems, workflows, prompts, branding, designs, code, interfaces, configurations, documentation, voice systems, AI workflows, graphics, logos, and related intellectual property associated with the Services remain the exclusive property of the Company or its licensors.

Clients receive a limited, revocable, non-transferable, non-exclusive license to use the Services during the active subscription term.

Clients may not:

• Copy or reproduce the Services;
• Resell or sublicense the Services without authorization;
• Reverse engineer systems;
• Replicate proprietary workflows;
• Train competing systems using Company outputs;
• Remove proprietary notices;
• Use the Services to build competing products.

11. CLIENT DATA

Clients retain ownership of data uploaded to the Services.

Clients grant the Company a worldwide, non-exclusive license to host, process, transmit, analyze, store, and use client data as necessary to provide the Services.

The client represents and warrants that it possesses all rights necessary to provide such data.

The Company may aggregate and anonymize data for analytics, system improvement, operational intelligence, security monitoring, and platform optimization.

12. SECURITY DISCLAIMERS

While the Company implements commercially reasonable safeguards, no internet-based service or telecommunications system is completely secure.

The Company does not warrant that the Services will be:

• Secure;
• Uninterrupted;
• Error-free;
• Immune from cyberattacks;
• Free from unauthorized access.

Clients acknowledge inherent risks associated with cloud systems, telecommunications infrastructure, AI processing systems, and internet communications.

13. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• ACCURACY;
• RELIABILITY;
• AVAILABILITY;
• PERFORMANCE;
• SECURITY.

THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET CLIENT EXPECTATIONS OR BUSINESS OBJECTIVES.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION:

• LOST PROFITS;
• LOST REVENUE;
• LOSS OF DATA;
• LOSS OF BUSINESS;
• REPUTATIONAL HARM;
• REGULATORY FINES;
• TCPA CLAIMS;
• TELECOMMUNICATIONS PENALTIES;
• CARRIER BLOCKING;
• MISSED CALLS;
• MISSED APPOINTMENTS;
• SERVICE INTERRUPTIONS;
• AI ERRORS;
• CUSTOMER DISPUTES.

THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO THE COMPANY DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

CERTAIN JURISDICTIONS MAY NOT ALLOW CERTAIN LIABILITY LIMITATIONS. IN SUCH CASES, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. INDEMNIFICATION

Clients agree to defend, indemnify, and hold harmless the Company, its affiliates, managers, officers, employees, contractors, vendors, licensors, and agents from and against any claims, demands, investigations, liabilities, losses, damages, fines, penalties, costs, and expenses arising out of or related to:

• Client misuse of the Services;
• Violation of law;
• Telecommunications violations;
• TCPA claims;
• Consent disputes;
• Consumer complaints;
• Regulatory investigations;
• Uploaded data;
• Unauthorized communications;
• Marketing practices;
• Client business operations.

This indemnification obligation includes attorneys' fees and regulatory defense costs.

16. ARBITRATION & CLASS ACTION WAIVER

Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through binding confidential arbitration.

The arbitration shall:

• Be conducted in the State of California;
• Be governed by the Federal Arbitration Act;
• Be administered by a recognized arbitration provider selected by the Company.

Clients waive any right to:

• Jury trials;
• Class actions;
• Collective proceedings;
• Representative claims.

All disputes must be brought individually.

17. TERMINATION

The Company may suspend or terminate access at any time, with or without notice, for:

• Violation of these Terms;
• Regulatory risk;
• Carrier complaints;
• Fraud;
• Non-payment;
• Suspected unlawful conduct;
• Abuse of infrastructure.

Upon termination:

• Access rights immediately cease;
• Outstanding balances remain due;
• Certain data may be deleted;
• The Company may disable phone numbers, workflows, or integrations.

18. GOVERNING LAW

These Terms shall be governed exclusively by the laws of the State of California, without regard to conflict-of-law principles.

19. CHANGES TO TERMS

The Company reserves the right to modify these Terms at any time.

Updated Terms become effective upon posting.

Continued use of the Services constitutes acceptance of revised Terms.

20. SMS MESSAGING PROGRAM

Callabra operates a transactional messaging program on behalf of its business clients. A consumer who books an appointment by phone with a Callabra client is asked, during that call, whether we may send a confirmation text; a message is sent only on an affirmative answer. One message is sent per appointment. No marketing or recurring messages are sent. Message and data rates may apply. Reply STOP to opt out at any time, or HELP for help. Support: privacy@callabra.ai. Consent and mobile information are not shared with third parties or affiliates for marketing or promotional purposes. Message delivery depends on wireless carriers and is not guaranteed. See our Privacy Policy, Section 13.

21. CONTACT INFORMATION

• Callabra AI LLC
• Brand: Callabra
• General Inquiries:
  hello@callabra.ai
• Privacy Inquiries:
  privacy@callabra.ai
• Legal Notices:
  legal@callabra.ai