Effective Date: January 2026

Last Updated: January 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between Callvy AI LLC, an Arkansas limited liability company (“Callvy,” “Company,” “we,” “us,” or “our”), and the entity or individual accessing or using the Services on behalf of a business entity (“Customer,” “you,” or “your”). These Terms govern all access to, registration for, subscription to, and use of the Services made available by Callvy, including but not limited to any artificial intelligence–powered voice agents, conversational agents, automated telephone answering systems, outbound calling tools, appointment scheduling features, messaging features, dashboards, APIs, integrations, analytics, reports, and any related software, documentation, or functionality (collectively, the “Services”), whether accessed through the website located at https://callvy.ai (the “Website”), via application programming interfaces, or through third party platforms.

By clicking “I agree,” creating an account, executing an order form, paying for a subscription, enabling an integration, or otherwise accessing or using the Services in any manner whatsoever, Customer expressly acknowledges that it has read, understands, and agrees to be bound by these Terms, as they may be amended from time to time. Customer further agrees that these Terms constitute a valid and enforceable contract between Customer and Callvy, even if Customer has not executed a separate written agreement. If Customer does not agree to these Terms, Customer must immediately discontinue all use of the Services. Continued use of the Services following any modification of these Terms constitutes acceptance of such modification.

These Terms apply solely to business to business transactions. The Services are not offered for personal, household, or consumer use, and Callvy does not provide services to consumers. Customer represents, warrants, and covenants that it is using the Services exclusively for legitimate business purposes and that it is not a “consumer” as that term is defined under applicable consumer protection laws. Customer agrees that no consumer rights, remedies, or protections apply to its use of the Services.

Definition AND Interpretation

For purposes of these Terms, the following definitions apply. Certain definitions are provided in list form solely for clarity and do not limit the scope of any obligation or responsibility imposed elsewhere in these Terms.

• “AI Agent” means any automated, artificial intelligence–driven system, including voice agents, conversational agents, or messaging agents, that utilizes machine learning models, natural language processing, text to speech, speech to text, or predictive algorithms to generate responses or initiate communications.
• “Caller of Record” means the party legally deemed to have initiated or caused a communication under applicable telecommunications laws.
• “Customer Data” means any data, content, information, scripts, prompts, recordings, call logs, contact details, or other materials provided, uploaded, generated, or processed by Customer through the Services.
• “End User” means any individual or entity contacted, called, messaged, or otherwise communicated with using the Services.
• “Telecom Laws” means all applicable laws governing calls, texts, recordings, automated communications, and AI disclosures, including the TCPA, FCC regulations, state wiretapping statutes, and similar laws worldwide.
• “Third Party Providers” includes, without limitation, telephony carriers, messaging platforms, AI model providers, cloud providers, and integration partners such as Twilio, ElevenLabs, WhatsApp, Google, Outlook, and their respective affiliates.

Headings are for convenience only and do not affect interpretation. Words such as “including” and “without limitation” are illustrative and not restrictive.

Acceptance Of Terms And Eligibility

Customer affirms that it has the legal capacity to enter into these Terms and that it is duly organized, validly existing, and in good standing under the laws of its jurisdiction. If Customer is entering into these Terms on behalf of an organization, Customer represents that it has authority to bind that organization. Any use of the Services by an unauthorized individual or entity is strictly prohibited and constitutes a material breach of these Terms.
Customer acknowledges that Callvy may rely on Customer’s representations regarding eligibility, authority, and compliance, and Callvy shall have no obligation to independently verify such representations. Customer further acknowledges that any misrepresentation regarding eligibility, authority, or intended use constitutes a material breach giving rise to immediate suspension or termination of Services.

Account Registration, Security, And Responsibility

In order to access the Services, Customer must create an account and provide accurate, current, and complete information, including legal business name, contact information, billing details, and any additional information reasonably requested by Callvy. Customer agrees to promptly update its account information to ensure accuracy at all times. Callvy may rely on the accuracy of account information for billing, compliance, and communication purposes.
Customer is solely responsible for maintaining the confidentiality of its account credentials, passwords, API keys, tokens, and access controls. Customer is fully responsible for all activities conducted through its account, whether authorized or unauthorized, including all calls, messages, configurations, scripts, and integrations. Callvy shall not be liable for any loss, damage, or liability arising from Customer’s failure to secure its account. Customer must notify Callvy immediately of any suspected unauthorized access or security breach.
Callvy reserves the right, but does not assume the obligation, to monitor account activity for security, abuse prevention, or compliance purposes. Such monitoring does not constitute acceptance of responsibility for Customer’s activities.

Description Of Services And Technology Role

Callvy provides a technology platform only. The Services enable Customer to configure and deploy AI Agents capable of answering inbound calls, placing outbound calls, scheduling appointments, capturing leads, sending confirmations, and integrating with calendars and messaging tools. Customer acknowledges and agrees that Callvy does not initiate communications, determine recipients, select content, or make decisions regarding compliance with law. All decisions regarding how, when, and to whom communications are made rest solely with Customer.
Callvy does not act as Customer’s agent, representative, partner, or joint venturer, and nothing in these Terms creates any fiduciary or agency relationship. Customer is and remains the Caller of Record for all communications initiated using the Services, regardless of whether such communications are generated automatically, semi automatically, or manually.

Artificial Intelligence Disclosures And Limitations

Customer acknowledges that the Services rely on artificial intelligence technologies that are probabilistic in nature and may produce outputs that are inaccurate, incomplete, misleading, inconsistent, or fabricated. AI Agents do not possess human judgment, contextual awareness, or legal understanding. Outputs generated by AI Agents are not verified for accuracy, legality, or appropriateness. Customer assumes all risk associated with reliance on AI generated content and is solely responsible for reviewing, approving, and validating such content before and after deployment.
Callvy expressly disclaims any representation or warranty that AI Agents will perform without error, interruption, hallucination, misinterpretation, or unintended behavior. Customer acknowledges that AI Agents may misunderstand callers, mispronounce words, provide incorrect information, fail to follow scripts precisely, or generate responses that are unsuitable for certain contexts. Customer agrees that such limitations are inherent in AI technology and do not constitute a defect or breach by Callvy.
Customer further acknowledges that AI laws and regulations are rapidly evolving and that Callvy does not guarantee compliance with any present or future AI specific legal requirements. Customer is solely responsible for determining whether AI disclosures are required under applicable law and for implementing such disclosures where required.

Customer Configuration And Script Responsibility

Customer is solely responsible for configuring the Services, including AI Agent behavior, scripts, prompts, call flows, messaging templates, scheduling rules, and integrations. Callvy does not review, approve, or validate Customer configurations for legal sufficiency, compliance, or suitability. Any tools, templates, examples, or guidance provided by Callvy are provided for informational purposes only and do not constitute legal advice or approval.
Customer must review and approve all scripts and messaging content prior to deployment and must ensure that such content complies with all applicable laws, including Telecom Laws, AI disclosure requirements, and recording consent laws. Customer must maintain written or electronic records evidencing such review and approval. Failure to do so constitutes a material breach of these Terms.

No Legal, Regulatory, Or Compliance Advice

Customer acknowledges that Callvy does not provide legal, regulatory, compliance, or professional advice of any kind. Any information provided by Callvy, whether through documentation, support communications, dashboards, or AI outputs, is provided solely for general informational purposes. Customer must consult qualified legal counsel to determine its obligations under applicable law. Reliance on the Services or any information provided by Callvy is solely at Customer’s own risk.

Telecommunications Law Compliance And Caller-Of-Record Status

Customer expressly acknowledges, agrees, and affirms that Customer, and not Callvy, is and shall remain the “caller,” “sender,” “initiator,” or “caller of record” for all telephone calls, voice messages, SMS messages, MMS messages, WhatsApp messages, emails, or any other communications initiated, transmitted, scheduled, automated, or otherwise generated using the Services, regardless of whether such communications are placed by an AI Agent, triggered automatically by software logic, initiated via an API, or scheduled in advance. Customer understands and agrees that Callvy does not originate, control, or direct communications and does not determine the recipients, timing, frequency, or content of any communication. All such decisions are made exclusively by Customer through its configuration and use of the Services.
Customer acknowledges that telecommunications and messaging activities are subject to a complex and evolving framework of federal, state, local, and international laws and regulations, including but not limited to the Telephone Consumer Protection Act of 1991 (“TCPA”), rules promulgated by the Federal Communications Commission (“FCC”), state mini-TCPA statutes, state unfair and deceptive trade practice laws, wiretapping and call recording statutes, privacy laws, artificial intelligence disclosure laws, and similar laws in jurisdictions outside the United States. Customer further acknowledges that violations of these laws may result in significant statutory damages, civil penalties, regulatory enforcement actions, private rights of action, class action lawsuits, injunctions, reputational harm, and, in some jurisdictions, criminal liability.
Customer assumes full and sole responsibility for understanding, interpreting, and complying with all applicable telecommunications, messaging, privacy, recording, and artificial intelligence laws. Callvy makes no representation, warranty, or guarantee that the Services comply with any specific law or regulatory requirement or that Customer’s use of the Services will be lawful in any jurisdiction. Customer expressly agrees that Callvy has no obligation to monitor, enforce, or ensure Customer compliance with any law and that any failure by Callvy to prevent or detect noncompliant use does not constitute approval, waiver, or assumption of liability.

Consent Obligations And Record Retention

Customer represents, warrants, and covenants that it has obtained, and will obtain prior to initiating any communication using the Services, all legally required consents, permissions, authorizations, and opt-ins from End Users. Such consents must be valid, informed, unambiguous, and sufficient to cover the specific type of communication, the technology used (including automated or AI-driven systems), the identity of the calling or messaging party, and the content of the communication. Customer acknowledges that different forms of consent may be required depending on the jurisdiction, the nature of the communication, and whether the communication is informational, transactional, or marketing-related.
Customer is solely responsible for maintaining complete, accurate, and auditable records of all consents, including but not limited to the date, time, method, scope, and source of consent, as well as any revocations or opt-outs. Customer must retain such records for the maximum period required under applicable law in each relevant jurisdiction and must be able to produce such records promptly upon request by regulators, courts, or Callvy. Callvy does not store, manage, or verify Customer consent records and expressly disclaims any responsibility for consent management.
Customer acknowledges that failure to obtain or document valid consent may result in strict liability under certain laws, including statutory damages on a per-call or per-message basis, and Customer agrees that any such liability is solely Customer’s responsibility. Any claim, investigation, or enforcement action arising from lack of consent constitutes a material breach of these Terms and triggers Customer’s indemnification obligations.

Call Recording, Monitoring, And Wiretapping Compliance

Customer acknowledges that laws governing the recording, monitoring, interception, or storage of telephone calls and voice communications vary by jurisdiction and may require one-party consent, all-party consent, or additional disclosures. Customer is solely responsible for determining whether call recording is permitted, whether consent is required, and what form such consent must take. Customer must provide all legally required disclosures and obtain all required consents prior to recording any call or voice communication.
Customer further acknowledges that violations of recording and wiretapping laws may give rise to civil liability, statutory damages, regulatory penalties, and criminal sanctions. Callvy does not determine whether calls are recorded, does not provide legal guidance on recording laws, and does not verify Customer compliance. Any recording functionality provided through the Services is a technical capability only and does not relieve Customer of its legal obligations.
Customer must maintain records evidencing recording disclosures and consent and must ensure that scripts, prompts, and AI Agent behavior comply with applicable recording laws. Failure to do so constitutes a material breach of these Terms.

Artificial Intelligence Disclosure Obligations

Customer acknowledges that certain jurisdictions require disclosure when communications involve artificial intelligence, automated agents, synthetic voices, or non-human interlocutors. Customer is solely responsible for determining whether such disclosures are required and for implementing them in a legally compliant manner. Where disclosure is required, Customer must ensure that disclosures are clear, timely, and sufficient under applicable law and must retain records evidencing compliance.
Callvy does not determine disclosure requirements and does not guarantee compliance with AI-specific laws. Customer acknowledges that AI disclosure laws are evolving rapidly and that future requirements may impose additional obligations. Customer assumes all risk associated with failure to disclose AI involvement where required.

Use Of Third-Party Telecommunication And AI Providers

Customer acknowledges that the Services rely on and integrate with Third-Party Providers, including but not limited to telephony and messaging platforms such as Twilio, voice and speech synthesis providers such as ElevenLabs, messaging platforms such as WhatsApp, and productivity and calendar platforms such as Google and Microsoft Outlook. Customer understands that these Third-Party Providers operate independently of Callvy and are subject to their own terms of service, acceptable use policies, privacy policies, and technical limitations.
Customer is solely responsible for reviewing, accepting, and complying with all applicable Third-Party Provider terms and for maintaining any required third-party accounts. Callvy does not control Third-Party Providers and is not responsible for their performance, availability, security, or compliance with law. Outages, delays, message failures, call quality issues, policy changes, account suspensions, or service terminations by Third-Party Providers may affect the Services, and Customer agrees that Callvy bears no liability for such issues.
Customer acknowledges that Third-Party Providers may impose restrictions on call volume, message content, use cases, geographic reach, or consent requirements and that failure to comply with such restrictions may result in suspension or termination of services by the Third-Party Provider. Any such suspension or termination does not relieve Customer of its obligations under these Terms.

WhatsApp And Messaging Platform Specific Risks

Customer acknowledges that messaging platforms, including WhatsApp, impose strict policies regarding consent, message content, opt-out mechanisms, and approved use cases. Customer is solely responsible for ensuring that its use of such platforms complies with all applicable policies and laws. Callvy does not guarantee message delivery or platform approval and is not responsible for account bans, message blocking, or enforcement actions by messaging platforms.
Customer further acknowledges that messaging platforms may change policies at any time without notice and that continued use of such platforms is at Customer’s own risk.

Indemnification For Telecom, AI, And Integration Claims

Customer agrees to indemnify, defend, and hold harmless Callvy and its members, managers, officers, employees, contractors, and affiliates from and against any and all claims, demands, actions, investigations, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to Customer’s use of the Services, including but not limited to claims alleging violations of TCPA, call recording laws, AI disclosure laws, privacy laws, or Third-Party Provider terms.
This indemnification obligation applies regardless of whether the claim is brought by an End User, regulator, competitor, or Third-Party Provider and survives termination of these Terms.

Use Of Artificial Intelligence Systems, Large Language Models, And Automated Technologies

Customer expressly acknowledges, understands, and agrees that the Services are fundamentally dependent upon, incorporate, and make extensive use of artificial intelligence technologies, automated systems, and machine learning models, including but not limited to large language models, conversational agent models, dialog orchestration systems, voice synthesis models, speech-to-text systems, text-to-speech systems, intent classification systems, probabilistic prediction engines, decision trees, embeddings, fine-tuned models, and other algorithmic or statistical technologies (collectively, “Artificial Intelligence Systems”). Customer further acknowledges that such Artificial Intelligence Systems may be proprietary to Callvy, licensed from third parties, open-source, commercially hosted, or provided through external service providers, and that the specific models, vendors, architectures, parameters, and implementations used by Callvy may change at any time without notice.
Customer acknowledges that Artificial Intelligence Systems are inherently probabilistic, nondeterministic, and imperfect, and that outputs generated by such systems may vary across interactions, even when identical or substantially similar inputs are provided. Customer further acknowledges that Artificial Intelligence Systems do not possess human judgment, reasoning, empathy, ethical awareness, legal understanding, or contextual comprehension, and that such systems may generate outputs that are inaccurate, incomplete, misleading, contradictory, nonsensical, inappropriate, offensive, noncompliant with applicable laws, or otherwise unsuitable for Customer’s intended use. Customer agrees that such limitations are an inherent and unavoidable characteristic of artificial intelligence technologies and do not constitute a defect, error, or breach by Callvy.
Callvy makes no representation, warranty, or guarantee regarding the accuracy, reliability, legality, compliance, safety, bias, fairness, explainability, or suitability of any output generated by Artificial Intelligence Systems. Customer expressly agrees that no output generated by the Services constitutes legal advice, compliance guidance, professional advice, or a recommendation of any kind. Customer assumes full responsibility for reviewing, validating, approving, and supervising all AI-generated outputs prior to use, dissemination, or reliance, and Customer bears all risk associated with such use.
Customer further acknowledges that Callvy may use multiple Artificial Intelligence Systems concurrently or sequentially, may combine outputs from different models, may apply post-processing, filtering, or transformation logic, and may modify or discontinue any Artificial Intelligence System at any time. Customer agrees that it has no right to rely on the continued availability, identity, behavior, or performance of any specific model, vendor, or implementation and that no such reliance shall form the basis of any claim against Callvy.

Training Data, Model Improvement, And No Model Ownership

Customer acknowledges that Callvy does not disclose, and is not obligated to disclose, the composition, sources, or characteristics of any training data used to develop or operate Artificial Intelligence Systems. Customer further acknowledges that training data may include a combination of licensed data, data created by human trainers, synthetic data, publicly available data, and other lawful sources. Callvy does not represent or warrant that training data is free from bias, error, or limitation.
Customer acknowledges that Customer Data may be processed by Artificial Intelligence Systems solely for the purpose of providing, maintaining, securing, and improving the Services, subject to applicable law and Callvy’s data practices. Customer expressly agrees that Customer does not acquire any ownership interest, intellectual property rights, or control over any Artificial Intelligence Systems, underlying models, weights, parameters, or improvements thereto. All such rights remain exclusively with Callvy or its licensors.
Customer agrees that nothing in these Terms grants Customer the right to extract, reverse engineer, replicate, benchmark, or otherwise attempt to derive the structure, logic, parameters, or training data of any Artificial Intelligence System used by the Services. Any such attempt constitutes a material breach of these Terms.

Data Processing, Storage, And Subprocessors

Customer retains ownership of all Customer Data. By accessing or using the Services, Customer grants Callvy a non-exclusive, worldwide, royalty-free, sublicensable right and license to host, store, transmit, process, analyze, transform, and otherwise use Customer Data solely as necessary to provide, maintain, support, secure, improve, and operate the Services, to comply with legal obligations, to enforce these Terms, and to protect the rights and safety of Callvy and its users.
Customer acknowledges that Callvy may engage subprocessors and subcontractors, including cloud infrastructure providers, telecommunications carriers, AI service providers, analytics vendors, and support providers, to process Customer Data on Callvy’s behalf. Customer expressly authorizes such processing and acknowledges that data may be transferred across jurisdictions as necessary to provide the Services. Callvy does not guarantee that Customer Data will be stored or processed in any specific geographic location unless expressly agreed in writing.
Customer is solely responsible for ensuring that it has all rights, permissions, and legal bases necessary to provide Customer Data to Callvy and to permit its processing as contemplated by these Terms. Customer represents and warrants that Customer Data does not violate any law or third-party rights.

Information Security And Data Responsibility

Callvy implements commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction. Customer acknowledges, however, that no system is completely secure and that Callvy does not guarantee absolute security. Customer is responsible for securing its own systems, networks, credentials, endpoints, and any data exported from the Services.
Customer agrees that Callvy shall not be liable for any unauthorized access, data loss, or security incident resulting from factors beyond Callvy’s reasonable control, including Customer’s failure to secure credentials, vulnerabilities in third-party systems, or acts of malicious third parties.

Billing, Fees, Usage-Based Charges, And Overages

Customer agrees to pay all fees associated with its use of the Services in accordance with the pricing plan selected at the time of subscription or as otherwise agreed in writing. Fees may include recurring subscription fees, usage-based charges calculated based on call volume, call duration, message volume, AI processing, or other metrics, as well as overage charges incurred when usage exceeds plan limits.
Customer acknowledges that usage-based charges may fluctuate and that Callvy does not guarantee predictability of costs. Customer is solely responsible for monitoring usage and managing configurations to avoid unexpected charges. All fees are non-refundable except as expressly stated by Callvy in writing.
Callvy may modify pricing, plans, or billing structures upon reasonable notice. Continued use of the Services after such modification constitutes acceptance of the revised pricing.

Free Trials And Promotional Access

Any free trial, promotional access, or beta offering is provided solely at Callvy’s discretion and may be modified, limited, or terminated at any time without notice. Free trials are provided “as is” without warranties and may be subject to additional limitations. Customer acknowledges that data generated during a free trial may be deleted upon trial expiration.

Suspension And Termination

Callvy reserves the right to suspend or terminate Customer’s access to the Services, in whole or in part, immediately and without notice if Callvy reasonably determines that Customer has violated these Terms, engaged in unlawful or abusive conduct, failed to pay fees, posed a legal, regulatory, or reputational risk, or created undue burden on Callvy’s systems or third-party providers.
Customer acknowledges that suspension or termination may result in immediate interruption of business operations and loss of access to data. Callvy shall not be liable for any damages arising from suspension or termination exercised in accordance with these Terms.
Customer may terminate its use of the Services at any time, subject to payment of all outstanding fees. Termination does not relieve Customer of obligations accrued prior to termination.

Intellectual Property, Ownership, Licenses, Third-Party Platforms, And Integration Risk Allocation

Ownership Of The Services And Platform Materials

Customer expressly acknowledges and agrees that, as between Customer and Callvy AI LLC, Callvy retains and shall exclusively own all right, title, and interest in and to the Services, the underlying platform, infrastructure, software, architecture, workflows, orchestration logic, algorithms, Artificial Intelligence Systems, Large Language Models (to the extent owned or licensed by Callvy), conversational agent frameworks, prompt structures, dialog flows, voice pipelines, routing logic, dashboards, analytics, reports, documentation, user interfaces, application programming interfaces, and all other technology, materials, and content made available by Callvy in connection with the Services (collectively, the “Callvy Platform”), including all derivatives, enhancements, modifications, updates, improvements, and extensions thereof.
Customer acknowledges that the Callvy Platform constitutes valuable proprietary intellectual property of Callvy and/or its licensors and is protected by United States and international intellectual property laws, including but not limited to copyright, trademark, trade secret, and patent laws. Except for the limited rights expressly granted to Customer under these Terms, no rights or licenses of any kind are granted to Customer, whether by implication, estoppel, or otherwise.
Customer agrees that it shall not, and shall not permit any third party to, copy, reproduce, modify, distribute, display, perform, publish, license, sell, lease, rent, sublicense, transfer, assign, reverse engineer, decompile, disassemble, translate, adapt, or otherwise attempt to derive the source code, structure, logic, or underlying ideas of the Callvy Platform or any portion thereof, except to the extent expressly permitted by applicable law that cannot be waived, and then only after providing prior written notice to Callvy.

Limited License To Customer

Subject to Customer’s ongoing compliance with these Terms and payment of all applicable fees, Callvy grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the term of Customer’s subscription to access and use the Services solely for Customer’s internal business purposes and strictly in accordance with these Terms and applicable law.
Customer acknowledges that this license does not confer any ownership rights and does not permit Customer to use the Services in any manner not expressly authorized herein. Any use of the Services beyond the scope of this license constitutes a material breach of these Terms and may result in immediate suspension or termination.

Customer Data And Customer Materials

As between the parties, Customer retains ownership of Customer Data and any materials, scripts, prompts, recordings, messages, contact lists, or other content provided by Customer or generated through Customer’s use of the Services (“Customer Materials”). Customer grants Callvy the rights set forth in these Terms to use Customer Data solely for the purposes described herein.
Customer represents and warrants that it owns or has obtained all necessary rights, consents, permissions, and legal bases to use, upload, transmit, and process Customer Materials through the Services, including but not limited to rights under privacy, data protection, telecommunications, consumer protection, and intellectual property laws.
Customer acknowledges and agrees that Callvy does not monitor, verify, or approve Customer Materials for legality, accuracy, or compliance and that Customer bears sole responsibility for all Customer Materials and their use through the Services.

Feedback And Suggestions

If Customer provides Callvy with any feedback, suggestions, enhancement requests, ideas, or other input regarding the Services (“Feedback”), Customer acknowledges and agrees that such Feedback is provided voluntarily and without expectation of compensation. Customer grants Callvy a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, incorporate, modify, and exploit such Feedback for any purpose without restriction.
Customer agrees that Callvy shall not be obligated to treat Feedback as confidential and that no fiduciary or other duty is created by the submission of Feedback.

Third-Party Platforms And Service Providers – General Disclaimer

Customer acknowledges that the Services integrate with, rely upon, or interoperate with third-party platforms, networks, carriers, APIs, and service providers (“Third-Party Services”), which may include, without limitation, telecommunications providers, messaging platforms, voice carriers, cloud infrastructure providers, artificial intelligence vendors, calendar providers, email providers, and customer relationship management systems.
Customer expressly acknowledges that Third-Party Services are not under Callvy’s control and that Callvy does not operate, manage, or guarantee the availability, performance, security, or compliance of any Third-Party Service. Any use of Third-Party Services is subject to the terms, policies, and practices of the applicable third party, and Customer is solely responsible for reviewing and complying with such terms.
Callvy disclaims all liability arising from Third-Party Services, including outages, service degradation, pricing changes, policy enforcement, account suspensions, data loss, message blocking, call filtering, carrier spam labeling, or regulatory enforcement actions taken by or through Third-Party Services.

Telecommunications And Messaging Providers (Including Twilio And Carriers)

Customer acknowledges that outbound and inbound calls, SMS messages, MMS messages, WhatsApp messages, and other communications facilitated through the Services may be transmitted via third-party telecommunications providers and aggregators, including but not limited to Twilio and downstream carriers.
Customer expressly acknowledges that telecommunications providers may, at their sole discretion, block, filter, label, throttle, suspend, or terminate traffic based on their own policies, algorithms, compliance requirements, or regulatory obligations. Such actions may occur without notice and may materially impact Customer’s use of the Services.
Customer agrees that Callvy is not responsible for carrier filtering, call labeling (including “spam” or “scam likely”), message delivery failures, call completion issues, or enforcement actions by carriers or regulators. Customer bears sole responsibility for ensuring that its use of the Services complies with all carrier policies, including acceptable use, messaging guidelines, opt-in and opt-out requirements, and prohibited content restrictions.

WhatsApp And Meta Platform Disclaimer

Customer acknowledges that use of WhatsApp messaging through the Services is subject to WhatsApp’s and Meta’s terms, policies, commerce rules, and messaging guidelines. Customer expressly acknowledges that WhatsApp approval, template approval, phone number registration, and account status are controlled solely by WhatsApp and its affiliates.
Callvy does not guarantee WhatsApp account approval, message delivery, template approval, or continued access. Customer acknowledges that WhatsApp may suspend or terminate access for policy violations, perceived violations, or risk signals, regardless of Customer’s intent.
Customer agrees that Callvy shall not be liable for any loss, disruption, or damages arising from WhatsApp enforcement actions or platform decisions.

AI Vendors And Voice Providers (Including ElevenLabs)

Customer acknowledges that synthetic voice generation, speech synthesis, and voice cloning (where applicable) may rely on third-party AI voice providers, including but not limited to ElevenLabs or similar vendors.
Customer acknowledges that such providers maintain their own terms, acceptable use policies, content restrictions, voice usage rules, and ethical guidelines. Customer agrees that it is solely responsible for ensuring that any voice usage, persona creation, or speech generation complies with all applicable laws and third-party terms, including consent requirements for voice likenesses.
Callvy disclaims all liability arising from voice provider decisions, including voice removal, account suspension, content filtering, or changes to voice availability or pricing.

Google, Outlook, And Calendar/Email Integrations

Customer acknowledges that calendar scheduling, email notifications, and related features may integrate with third-party platforms such as Google Workspace, Google Calendar, Microsoft Outlook, or Microsoft Exchange.
Customer acknowledges that such integrations require Customer authorization and are governed by the applicable third-party terms. Callvy does not control data access permissions granted by Customer and is not responsible for changes to third-party APIs, permission scopes, outages, or policy enforcement.
Customer bears sole responsibility for maintaining appropriate permissions, user access controls, and compliance with third-party data use policies.

No Endorsement Or Dependency Representation

Customer acknowledges that references to Third-Party Services within the Services or documentation do not constitute endorsement, partnership, joint venture, or agency relationship. Customer further acknowledges that Callvy may replace, remove, or modify Third-Party Service integrations at any time.
Customer agrees that it shall not represent to any third party that Callvy guarantees or controls Third-Party Services or that Callvy assumes responsibility for third-party compliance obligations.

Confidentiality Obligations

Each party acknowledges that, in the course of performance under these Terms, it may receive or have access to information that is confidential, proprietary, or non-public in nature relating to the other party, including but not limited to business plans, pricing, customer lists, product designs, technical architectures, software code, security measures, data schemas, performance metrics, and operational processes (“Confidential Information”). Confidential Information includes any information disclosed in writing, orally, visually, electronically, or by inspection that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.
Customer acknowledges that the Callvy Platform, including its architecture, Artificial Intelligence Systems, model orchestration logic, prompt structures, dialog workflows, analytics, reporting methodologies, and service configurations, constitute Confidential Information of Callvy. Customer agrees to protect Callvy’s Confidential Information with at least the same degree of care it uses to protect its own confidential information of similar importance, but in no event less than reasonable care.
Confidential Information shall not include information that: (a) is or becomes publicly available without breach of these Terms; (b) was lawfully known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information; or (d) is lawfully obtained from a third party without restriction.
Each party agrees not to disclose the other party’s Confidential Information to any third party except to its employees, contractors, or professional advisors who have a legitimate need to know and are bound by confidentiality obligations no less protective than those set forth herein. Each party shall remain responsible for any breach of confidentiality by its representatives.
The confidentiality obligations set forth herein shall survive termination or expiration of these Terms for a period of five (5) years, except with respect to trade secrets, which shall remain confidential for so long as they qualify as trade secrets under applicable law.

Compliance With Applicable Laws – General

Customer expressly acknowledges and agrees that it is solely responsible for ensuring that its use of the Services complies with all applicable local, state, federal, and international laws, regulations, and industry standards, including but not limited to telecommunications laws, consumer protection laws, privacy and data protection laws, advertising laws, and artificial intelligence governance requirements.
Callvy does not monitor, audit, or enforce Customer compliance and does not provide legal advice, compliance certifications, or regulatory guarantees. Customer acknowledges that laws governing automated calling, messaging, artificial intelligence, and data usage are complex, evolving, and jurisdiction-specific and that compliance obligations may vary based on Customer’s location, industry, and use case.

Telephone Consumer Protection Act (TCPA) And Telemarketing Compliance

Without limiting Customer’s general compliance obligations, Customer expressly acknowledges that the Telephone Consumer Protection Act (47 U.S.C. § 227), Federal Communications Commission regulations, and analogous state laws impose strict requirements governing outbound calls, automated calls, prerecorded messages, SMS messages, and marketing communications.
Customer represents and warrants that it has obtained, and will maintain, all required consents, permissions, and authorizations prior to initiating any calls or messages using the Services, including express written consent where required. Customer acknowledges that statutory damages under the TCPA may reach $500 to $1,500 per violation and that violations may result in class actions, regulatory enforcement, and significant liability.
Customer agrees that Callvy acts solely as a technology service provider and not as the caller or sender of record and that Customer alone determines the recipients, content, timing, and purpose of communications. Customer further agrees that it is solely responsible for honoring do-not-call lists, opt-out requests, revocations of consent, time-of-day restrictions, and content limitations.

AI Disclosure, Recording Consent, And Script Responsibility

Customer acknowledges that certain jurisdictions require disclosure when an interaction involves an artificial or automated agent and that recording laws may require one-party or all-party consent prior to call recording. Customer agrees that it is solely responsible for determining when such disclosures are required and for implementing appropriate script language and procedural safeguards.
Customer further acknowledges that Callvy provides configurable scripts and workflows but does not review, approve, or validate Customer scripts for legal compliance. Customer bears sole responsibility for reviewing, approving, and maintaining its call scripts, AI disclosures, consent language, and recording disclosures.
Customer agrees that any failure to disclose AI usage, obtain recording consent, or comply with applicable disclosure laws is solely attributable to Customer, and Customer shall indemnify Callvy against any claims arising therefrom.

Data Protection And Privacy Compliance

Customer acknowledges that it is the data controller or business with respect to Customer Data and that Callvy acts as a data processor or service provider. Customer represents and warrants that it has provided all required notices and obtained all required consents for the collection, processing, and use of Customer Data through the Services.
Customer agrees to comply with all applicable data protection laws, including but not limited to the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and any other applicable state or international privacy laws. Customer acknowledges that Callvy’s obligations with respect to personal data are governed by Callvy’s Privacy Policy and any applicable data processing agreement.

Warranties And Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLVY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY.
CALLVY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM DEFECTS, OR THAT ANY OUTPUT GENERATED BY ARTIFICIAL INTELLIGENCE SYSTEMS WILL BE ACCURATE, COMPLETE, OR LAWFUL. CUSTOMER ACKNOWLEDGES THAT USE OF AI SYSTEMS INVOLVES INHERENT RISKS AND THAT CALLVY MAKES NO GUARANTEES REGARDING OUTCOMES, PERFORMANCE, OR RESULTS.

Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CALLVY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CALLVY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT PAID BY CUSTOMER TO CALLVY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Customer Indemnification

Customer agrees to defend, indemnify, and hold harmless Callvy, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer’s use of the Services; (b) Customer Materials; (c) Customer’s failure to comply with applicable laws, including TCPA and recording laws; (d) any allegation that Customer’s communications violated third-party rights; or (e) Customer’s breach of these Terms.

Dispute Resolution, Arbitration, And Class Action Waiver

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Arkansas, and judgment on the award may be entered in any court of competent jurisdiction.
CUSTOMER AGREES THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT CUSTOMER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law principles.

Force Majeure

Callvy shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, power failures, internet outages, or failures of third-party services.

Miscellaneous

These Terms constitute the entire agreement between the parties regarding the Services. Any failure to enforce a provision shall not constitute a waiver. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect. Customer may not assign these Terms without Callvy’s prior written consent.

Contact Information

Callvy AI LLC
Website: https://callvy.ai
Email: admin@callvy.ai