CALL CENTER SYNC
MASTER TERMS OF SERVICE AND INCORPORATED PLATFORM POLICIES
Public website terms, account creation clickwrap terms, telecommunications authorization, acceptable use rules, campaign compliance certification, electronic evidence terms, data processing terms, regulated data terms, enterprise terms, pricing framework, customer responsibility allocation, and platform-wide risk allocation.
Public Version 3.0 | Effective Date: June 26 2026
Operator: HepnerSync
Legal Contact: legal@callcentersync.com
Key Points Summary. This summary is for convenience only. The full Terms below control.
• CCS is an AI-enabled, usage-based communications platform. AI, automation, integrations, telecom systems, and compliance features can make mistakes or behave unexpectedly.
• Customer remains responsible for its campaigns, contacts, consents, scripts, prompts, disclosures, timing, opt-outs, DNC compliance, recipient selection, CRM data, and business outcomes.
• CCS may assist with phone numbers, provider registrations, identity verification, carrier workflows, scheduling, time-zone checks, suppression logic, and similar operations, but those features do not make CCS the caller, sender, seller, telemarketer, or campaign operator.
• Credits are prepaid, have no cash value, are consumed as the platform is used, and are non-refundable except where required by law or where CCS determines a billing error occurred.
• Automatic replenishment may charge the payment method on file based on the settings selected or accepted in the platform. Customer may disable or change replenishment before the next replenishment event occurs.
• Dashboards, balances, usage estimates, and metering displays may lag, be estimated, be rounded, or be temporarily inaccurate. CCS billing records control.
• CCS does not guarantee compliance, sales, appointments, conversions, revenue, call quality, deliverability, answer rates, customer satisfaction, or uninterrupted service.
• The Terms include limitations of liability, arbitration, class-action waiver, and customer indemnity obligations.
Table of Contents
1. Agreement, Acceptance, and Authority
2. The Service and Customer Responsibilities
3. Telecommunications Resources and Administrative Agency
4. Communications Compliance
5. AI, Beta Technology, Automation, and Campaign Outcomes
6. Acceptable Use and Restricted Activity
7. Account Credits, Billing, Automatic Replenishment, and No Refunds
8. Data, Privacy, Security, and Records
9. Third-Party Providers, Carriers, and Integrations
10. Suspension, Termination, and Account Closure
11. Ownership, Feedback, and Confidentiality
12. Disclaimers, Limitation of Liability, and Indemnification
13. Dispute Resolution, Governing Law, Notices, and Changes
14. Survival and Contact
1. Agreement, Acceptance, and Authority
These Terms of Service are a legally binding agreement between InventorySync LLC d/b/a HepnerSync d/b/a Call Center Sync, referred to as "Company," "CCS," "we," "us," or "our," and the business, organization, person, account owner, administrator, user, representative, or other party that accesses or uses CCS, referred to as "Customer," "you," or "your."
By creating an account, clicking an acceptance checkbox, scheduling onboarding, purchasing credits, enabling automatic replenishment, provisioning a number, uploading data, connecting a CRM, launching a campaign, using the platform, or continuing to use CCS after these Terms are posted or updated, Customer accepts these Terms and represents that the person taking the action has authority to bind Customer.
If the person accepting these Terms does not have authority to bind the business or organization, that person must not create an account, purchase credits, connect systems, or use CCS. Customer is responsible for all activity conducted through its account, including activity by employees, contractors, users, administrators, representatives, CRM users, integration users, and anyone using Customer credentials or systems.
These Terms incorporate the then-current Privacy Policy and any additional policy, product notice, usage screen, billing screen, compliance acknowledgement, or in-platform acceptance presented to Customer. If a signed written agreement with Company expressly modifies these Terms, that signed written agreement controls only to the extent of the direct conflict.
Electronic Acceptance and Evidence
Customer agrees that electronic records, clickwrap logs, timestamps, IP addresses, account-owner email addresses, workspace IDs, campaign IDs, phone numbers, payment records, checkbox text, button text, document versions, URLs, hashes, and related records may be used to prove acceptance, authority, notice, billing authorization, campaign responsibility, and account activity. Customer agrees not to challenge enforceability solely because acceptance or notice occurred electronically.
Changes to Terms
Company may update these Terms by posting an updated version, presenting updated clickwrap, sending electronic notice, or making an in-platform notice available. Continued use after the effective date of an updated version constitutes acceptance. Material changes may take effect immediately where Company determines that a change is needed for legal, regulatory, security, carrier, provider, billing, operational, or reputational reasons.
2. The Service and Customer Responsibilities
CCS is a software platform that may include AI calling, inbound and outbound communications workflows, CRM integrations, webhook workflows, scheduling workflows, reporting, call logs, transcripts, recordings, analytics, text messaging, email notifications, appointment-related functionality, lead follow-up, telecommunications resource administration, configuration support, documentation, and related services. Available features may change over time.
Customer controls its business purpose, products, services, contacts, recipients, leads, CRM data, campaign instructions, scripts, prompts, disclosures, call objectives, scheduling preferences, suppression rules, opt-out practices, business records, pricing statements to its own customers, and follow-up actions. Customer remains responsible for the legality, accuracy, appropriateness, and business consequences of using CCS.
Company may provide setup assistance, a 30-minute or other onboarding session, implementation support, templates, recommendations, examples, default workflows, configuration options, and operational guidance. Such assistance is provided for convenience only. Customer must review, approve, test, supervise, and monitor its own use before and during operation.
Customer Data and Configuration
Customer Data includes contacts, phone numbers, email addresses, lead data, CRM data, appointment data, customer records, scripts, prompts, AI instructions, workflow settings, webhooks, integrations, transcripts, recordings, call logs, notes, tags, campaign metadata, opt-out data, billing data, account data, and any other information submitted to, imported into, generated through, or processed by CCS for Customer.
Customer is solely responsible for the accuracy, completeness, authorization, legal basis, freshness, and suitability of Customer Data and configuration. Company has no duty to verify whether Customer Data is accurate, whether a recipient should be contacted, whether a person has already booked, whether a lead is still active, whether a contact has opted out, whether a CRM field is current, or whether Customer instructions are correct.
3. Telecommunications Resources and Administrative Agency
Telecommunications Resources include telephone numbers, caller ID names, CNAM or business identity records, messaging resources, carrier registrations, brand registrations, campaign registrations, business profiles, verification profiles, workspaces, telecommunications accounts, routing profiles, AI voice resources, call infrastructure, provider accounts, and related resources used in connection with CCS.
Customer appoints Company as Customer's limited administrative agent for the purpose of procuring, registering, verifying, configuring, assigning, maintaining, renewing, migrating, suspending, or terminating Telecommunications Resources used by or for Customer. This authorization applies even if a resource, account, workspace, provider relationship, identity verification, payment arrangement, administrative profile, government identification, business profile, owner profile, credential, or similar item is submitted, created, purchased, verified, or maintained by Company, Company personnel, Company owners, Company contractors, or Company representatives for operational convenience.
Administrative setup by Company is performed for Customer's benefit and at Customer's direction through account setup, onboarding, platform configuration, campaign setup, written request, or continued use. Such setup does not make Company the caller, sender, seller, telemarketer, advertiser, campaign sponsor, lead generator, communications initiator, data controller for Customer campaigns, or legal operator of Customer communications, except to the limited extent such disclaimer is prohibited by law.
Customer remains the sole calling party, sender, campaign operator, campaign sponsor, seller, telemarketer, business initiating communications, and owner of Customer campaign decisions. Customer will not claim that Company is legally responsible for Customer communications merely because Company procured, purchased, verified, configured, assigned, maintained, supported, or paid for any Telecommunications Resource or provider workflow.
Number Ownership, Porting, and Provider Actions
Telephone numbers and related Telecommunications Resources are licensed, assigned, or provider-controlled resources and are not Customer property. Customer obtains no ownership interest in any number, caller ID, registration, workspace, telecommunications account, routing profile, provider account, or provider resource. Company may refuse, reclaim, suspend, recycle, release, port, transfer, or terminate numbers or resources where required or advisable because of law, provider policy, nonpayment, suspected abuse, compliance risk, operational risk, security risk, reputational risk, account closure, or termination.
Company is not liable for carrier blocking, call labeling, spam labeling, text filtering, number suspension, number reassignment, number loss, verification rejection, registration rejection, deliverability reduction, provider downtime, filtering, throttling, provider policy changes, provider termination, or other action or inaction by carriers, telecommunications providers, messaging providers, AI providers, hosting providers, payment processors, or other third-party providers.
4. Communications Compliance
Customer is solely responsible for complying with all laws, rules, regulations, orders, guidance, enforcement positions, carrier rules, provider policies, industry standards, and contractual duties that apply to Customer's communications and business, including the Telephone Consumer Protection Act, FCC rules, FTC Telemarketing Sales Rule, National Do Not Call rules, state mini-TCPA laws, state telemarketing laws, state do-not-call and do-not-text laws, call recording laws, consumer protection laws, privacy laws, electronic messaging laws, CAN-SPAM, industry-specific requirements, and any similar federal, state, local, international, carrier, or provider requirement.
Customer is responsible for obtaining and maintaining all legally required consents, opt-ins, permissions, notices, disclosures, registrations, licenses, exemptions, internal approvals, lead-source records, consent records, opt-out records, suppression lists, DNC records, call-recording notices, script approvals, prompt approvals, campaign approvals, time-zone settings, frequency settings, and proof that each communication is lawful.
SMS Messaging Terms
Call Center Sync offers an SMS messaging program for users who request to interact with our AI demo system. Messages may include AI text responses, lead follow-up examples, appointment scheduling conversation examples, customer communication examples, and related support messages.
By submitting a form on the Call Center Sync website and checking the SMS consent box, you agree to receive SMS messages from Call Center Sync at the phone number you provided.
Message frequency may vary based on your interaction with the demo. Message and data rates may apply.
Reply HELP for help. Reply STOP to opt out at any time. After replying STOP, you may receive one final confirmation message and will no longer receive SMS messages from this program unless you opt in again.
For support, contact Call Center Sync at 920-200-5361 or info@hepnersync.com.
Your consent to receive SMS messages is not required to purchase any product or service.
Compliance Features Are Assistance Only
CCS may provide or attempt to provide compliance-related tools, including time-zone detection, state or location matching, quiet-hour controls, blackout windows, frequency caps, suppression logic, opt-out tools, DNC tools, text-message controls, email suppression controls, carrier registration workflows, provider registration workflows, and similar features. These features are operational conveniences designed to assist campaign management. They are not legal advice, legal certification, compliance certification, or a guarantee that any call, text, email, recording, AI disclosure, or other communication is lawful.
Compliance features may depend on Customer Data, phone number data, CRM fields, area codes, carrier information, third-party databases, geolocation logic, user settings, integration behavior, daylight-saving-time logic, state-law mappings, provider systems, software updates, and other information that may be incomplete, stale, incorrect, delayed, unavailable, or outside Company's control. A number may be assigned, ported, reassigned, routed, forwarded, associated with a different state, or used by a person located outside the expected area. Customer remains responsible even if CCS automatically applies or fails to apply a time-zone, state, DNC, opt-out, suppression, or scheduling control.
Company may track legal, regulatory, state, local, carrier, and provider requirements and may update CCS to reflect Company's understanding of those requirements. Such efforts are discretionary and do not create a duty to monitor legal changes, advise Customer, detect Customer violations, prevent unlawful communications, or ensure that Customer's campaigns comply with any applicable requirement.
Customer Certification Before Use
By creating an account, purchasing credits, provisioning a number, connecting a CRM, uploading contacts, enabling a workflow, launching a campaign, continuing a campaign, or continuing to use CCS, Customer certifies that Customer has lawful authority to use CCS for the campaign and each recipient, has reviewed all campaign settings and content, and will immediately stop any campaign if complaints, consent disputes, opt-out problems, DNC claims, legal concerns, regulatory concerns, carrier flags, or provider concerns arise.
Customer must provide complete, accurate, current, and legally sufficient records to Company within twenty-four hours of request, or sooner if required by a carrier, provider, regulator, court, law enforcement authority, payment processor, urgent operational circumstance, or legal risk. Failure to provide records is a material breach and may result in immediate suspension or termination.
5. AI, Beta Technology, Automation, and Campaign Outcomes
AI Output Disclaimer
CCS uses artificial intelligence, automation, model-generated outputs, synthetic or artificial voice technology, routing logic, scheduling logic, workflow logic, CRM data, third-party services, and telecommunications systems. AI-generated, AI-assisted, automated, synthetic, artificial voice, model-generated, or machine-generated outputs may be inaccurate, incomplete, delayed, biased, offensive, unexpected, noncompliant, irrelevant, misleading, hallucinated, repetitive, unsuitable, or inconsistent with Customer's intended purpose.
Customer assumes all risk from reliance on AI outputs and automated behavior. Customer must review, test, supervise, validate, monitor, and correct AI behavior, scripts, prompts, workflows, disclosures, and campaign outputs before and during use. Company does not guarantee that AI will follow instructions, stay on script, avoid inappropriate statements, avoid relationship damage, avoid legal error, or produce any particular result.
Beta and Evolving Technology
Customer acknowledges that AI calling, text messaging, integrations, automation, analytics, compliance controls, scheduling logic, voice behavior, transcription, summarization, CRM synchronization, and related features are evolving technologies and may include beta, pilot, experimental, preview, newly released, or continuously improving components, whether or not separately labeled as beta. Features may be modified, limited, paused, discontinued, or replaced as Company develops the platform, responds to provider changes, or manages risk.
Automation and Campaign Outcome Disclaimer
Customer acknowledges that CCS may include AI systems, automation tools, workflows, CRM integrations, synchronization processes, scheduling systems, suppression logic, contact matching, status detection, calendar logic, routing logic, telecommunications services, third-party integrations, and other automated functionality. Such systems may experience delays, interruptions, errors, omissions, duplicate actions, missed actions, inaccurate classifications, incorrect recipient selection, synchronization failures, routing errors, data-mapping errors, suppression failures, workflow failures, configuration issues, dashboard delays, or other unexpected behavior.
Customer is solely responsible for reviewing campaign configurations, recipient lists, booked appointments, excluded contacts, suppression lists, opt-out lists, CRM synchronization results, workflow settings, scheduling rules, scripts, prompts, disclosures, and communications before and during use. Company does not warrant that any communication will be sent, withheld, routed, scheduled, classified, synchronized, suppressed, recorded, summarized, transcribed, delivered, or processed correctly.
Company shall not be liable for lost sales, lost appointments, lost leads, missed opportunities, damaged customer relationships, customer dissatisfaction, reputational harm, duplicate communications, unintended communications, missed communications, inaccurate records, workflow failures, synchronization errors, automation behavior, AI statements, AI omissions, business interruption, loss of goodwill, or other business losses arising from Customer use of CCS.
No Performance or Revenue Guarantee
Company does not guarantee sales, leads, appointments, revenue, profits, cost savings, conversion rates, productivity improvements, answer rates, call quality, text delivery, email delivery, customer satisfaction, compliance outcomes, business outcomes, return on investment, CRM performance, integration performance, or suitability for any industry or use case.
6. Acceptable Use and Restricted Activity
Customer may use CCS in any industry only if Customer has the legal authority, operational controls, licenses, consents, disclosures, and records required for that industry and use case. Company does not pre-clear industries, certify campaigns, or provide legal approval merely because an account is created or a campaign is configured.
Customer must not use CCS for illegal, deceptive, fraudulent, abusive, harassing, threatening, defamatory, discriminatory, obscene, invasive, exploitative, unsafe, or high-risk conduct. Customer must not impersonate any person, misrepresent caller identity, spoof caller ID, conceal material terms, omit required disclosures, use unlawful contact lists, circumvent opt-outs, ignore DNC or suppression lists, evade carrier or provider controls, or use CCS to facilitate scams, phishing, identity theft, unauthorized debt collection, voter suppression, emergency communications, life-safety systems, crisis hotlines, or any use where failure may cause death, bodily injury, severe harm, or emergency-response delay.
Customer must not upload or use scraped, purchased, harvested, stale, unverifiable, illegally obtained, or unauthorized contact lists unless Customer has independently confirmed a lawful basis for each communication and can provide records on request. Customer must stop a campaign immediately if complaints, consent disputes, opt-out issues, DNC claims, regulatory issues, carrier flags, or provider concerns arise.
Sensitive and Regulated Data
Customer must not submit, process, or store protected health information, substance-use-disorder treatment records, sensitive health data, financial account numbers, payment card data, government identifiers, biometric data, children's data, precise geolocation, or similar regulated sensitive data unless Customer has all required legal authority and any required business associate agreement, data processing addendum, security exhibit, or other required written arrangement is in effect. Customer is responsible for determining whether HIPAA, HITECH, 42 CFR Part 2, GLBA, state privacy laws, consumer financial laws, education laws, children's privacy laws, or other regulated-data laws apply.
7. Account Credits, Billing, Automatic Replenishment, and No Refunds
CCS is generally billed through prepaid account credits. Customer may purchase credits in amounts, increments, and minimums made available by Company through the website, platform, checkout screen, billing screen, onboarding flow, or payment processor. Company may establish or modify purchase minimums, replenishment minimums, balance thresholds, replenishment increments, usage rates, and other billing settings from time to time. Applicable purchase amounts, usage rates, taxes, payment method details, and replenishment settings will be displayed or made available before a purchase or automatic replenishment is processed.
Credits are prepaid licenses to consume CCS services. Credits are not cash, are not deposits, are not bank accounts, are not stored-value accounts, are not gift cards, do not earn interest, and have no cash redemption value except where required by applicable law. Credits are non-transferable and may be used only for CCS services by the account for which they were purchased.
Usage Deductions and Metering
Credits may be deducted for AI usage, calling, messaging, telecommunications resources, provider charges, number-related charges, platform features, setup-related services, pass-through costs, taxes, and other services or charges displayed or made available in the platform. Usage may be measured by minutes, events, messages, numbers, workflows, provider charges, platform activity, or other billing units made available by Company. Company's billing records control credit deductions, usage calculations, balances, invoices, receipts, and payment obligations.
Account balances, usage displays, dashboards, cost estimates, remaining-credit indicators, replenishment indicators, analytics, notifications, logs, and similar information are informational only. They may be delayed, estimated, cached, rounded, incomplete, temporarily inaccurate, or out of sync with actual usage. Usage may continue to post after a dashboard display or balance estimate is shown. If usage causes a negative balance, Customer must pay the negative balance and any required replenishment amount.
Automatic Replenishment
If Customer enables, accepts, or uses automatic replenishment, Customer authorizes Company and its payment processor to automatically charge the payment method on file and purchase additional credits whenever Customer's account reaches the replenishment threshold selected by Customer, accepted by Customer, or otherwise configured within the account settings. Customer may modify or disable automatic replenishment before the next replenishment event occurs. Changes are not retroactive and may not prevent a replenishment already initiated, pending, or processed.
Customer is responsible for reviewing account balances, replenishment settings, payment methods, payment processor notices, tax treatment, billing contacts, and email notices. Company is not responsible for service interruptions, paused campaigns, missed communications, or business losses resulting from insufficient credit balances, disabled replenishment, low replenishment amounts, failed payment methods, expired cards, bank holds, payment processor declines, fraud prevention systems, chargebacks, or Customer-configured billing settings.
No Refunds and No Cash-Out
Except where required by applicable law or where Company determines that a billing error occurred, all credit purchases, replenishments, usage charges, number charges, provider pass-through charges, setup charges, and other fees are final and non-refundable. Unused credits cannot be withdrawn, cashed out, transferred, converted to money, returned to a payment card, refunded at account closure, or applied outside CCS. Customer's remedy for unused credits is to use the platform until credits are depleted, unless Company is legally required to provide another remedy or determines that a billing error occurred.
Customer may stop future charges by disabling automatic replenishment and discontinuing use before additional credits are purchased or additional usage is incurred. Disabling automatic replenishment does not refund existing credits, reverse completed purchases, cancel accrued charges, or relieve Customer of payment obligations. Company may correct true billing errors, duplicate charges, processor errors, or legally required refunds in Company's discretion or as required by law without waiving the no-refund policy.
Chargebacks, Failed Payments, Taxes, and Collection
Customer agrees not to initiate improper chargebacks, reversals, or payment disputes for authorized purchases, replenishments, or usage. A chargeback or payment reversal does not cancel Customer's obligations. Company may immediately suspend or terminate access while any payment dispute is pending and may recover unpaid amounts, negative balances, processor fees, chargeback fees, collection costs, attorneys' fees where permitted by law, and other costs of enforcement.
Payments may be processed by third-party payment processors. Company does not intend to store full payment card numbers. Customer authorizes recurring charges, automatic replenishment, payment retries, account updates, and related processor activity permitted by the payment processor and applicable law. Customer is responsible for all taxes, governmental charges, duties, levies, and similar assessments associated with purchases and use, other than taxes based on Company's net income.
8. Data, Privacy, Security, and Records
Company processes information as described in the Privacy Policy. Customer grants Company the rights necessary to operate, secure, support, troubleshoot, maintain, improve, bill, analyze, enforce, defend, and provide CCS, including processing Customer Data, usage data, logs, transcripts, recordings, prompts, metadata, workflow patterns, error events, support information, and billing records.
Subject to applicable law and the Privacy Policy, Company may analyze, aggregate, de-identify, anonymize, tokenize, derive insights from, and use data to operate, secure, debug, improve, train, evaluate, benchmark, develop, enhance, and protect CCS, AI models, analytics, quality controls, abuse detection systems, documentation, and related services. Company will not intentionally publish Customer-identifying confidential information except as permitted by these Terms, the Privacy Policy, Customer instruction, law, or applicable agreement.
Customer is responsible for providing legally required privacy notices to its contacts, customers, leads, prospects, employees, contractors, patients, clients, vendors, and other recipients. Customer is responsible for determining whether Customer may lawfully collect, upload, store, process, record, disclose, contact, or use individuals' information through CCS.
Security
Company uses commercially reasonable safeguards, but no system is guaranteed secure, error-free, or continuously available. Company is not responsible for security failures, data loss, unauthorized access, or service disruption caused by Customer credentials, Customer users, Customer integrations, Customer devices, Customer networks, third-party compromise, provider incidents, zero-day vulnerabilities, internet failures, force majeure events, or events outside Company's reasonable control.
Records and Regulatory Cooperation
Company may maintain and use records of account activity, billing, credits, replenishment, usage, calls, texts, emails, transcripts, recordings, prompts, scripts, integrations, acceptance events, notices, certifications, provider actions, carrier actions, complaints, support interactions, and related information for operations, legal defense, audit evidence, compliance, billing, security, dispute resolution, fraud prevention, abuse detection, provider requirements, and enforcement.
Company may cooperate with regulators, law enforcement, courts, carriers, providers, payment processors, fraud prevention systems, complainants, and affected parties. Company may disclose Customer information, logs, records, recordings, certifications, acceptance evidence, billing data, and usage data when Company believes disclosure is required, advisable, protective, or commercially reasonable. Company has no liability for such cooperation or disclosure.
9. Third-Party Providers, Carriers, and Integrations
CCS depends on third-party providers, including telecommunications carriers, messaging providers, AI providers, cloud hosting providers, CRM providers, payment processors, analytics providers, security providers, email providers, and other vendors. Company does not control and is not liable for third-party downtime, bugs, vulnerabilities, data loss, pricing changes, model changes, account requirements, verification requirements, feature changes, policy changes, rate limits, outages, terminations, carrier filtering, call labeling, number blocking, payment processor declines, or provider actions.
Customer authorizes Company to connect to, configure, exchange data with, and rely on third-party systems as needed to provide CCS. Customer is responsible for its own third-party accounts, CRM permissions, integration permissions, API keys, webhooks, field mappings, automation rules, data flows, rate limits, and third-party terms. Company is not responsible for Customer's failure to configure, maintain, test, monitor, update, or secure third-party integrations.
10. Suspension, Termination, and Account Closure
Company may suspend, limit, disable, throttle, pause, delete, quarantine, refuse, reclaim, terminate, or restrict any account, campaign, number, workspace, integration, feature, user, workflow, or Telecommunications Resource, with or without prior notice, if Company believes in its sole discretion that activity may create legal, regulatory, security, operational, billing, carrier, provider, platform-integrity, consumer-harm, brand, public-relations, or reputational risk to Company, its affiliates, third-party providers, other customers, or the public.
Company may also suspend or terminate for nonpayment, failed payments, chargebacks, negative balances, excessive complaints, DNC issues, opt-out issues, carrier flags, provider flags, false certification, failure to provide records, suspected misuse, data misuse, security concerns, violation of these Terms, violation of law, or conduct Company deems harmful.
Customer may stop using CCS at any time by disabling automatic replenishment, exhausting available credits, disconnecting integrations, and requesting account closure. Account closure does not entitle Customer to a refund or cash-out of unused credits except where required by law or where Company determines that a billing error occurred. Termination does not affect accrued obligations, payment obligations, negative balances, indemnity obligations, audit rights, legal rights, data rights, or dispute rights.
11. Ownership, Feedback, and Confidentiality
Company and its licensors own CCS, including software, workflows, integrations, code, AI configurations, platform design, documentation, templates, analytics, user interfaces, processes, know-how, trademarks, service marks, and other intellectual property. Customer receives only a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use CCS for Customer's internal business purposes subject to these Terms.
Customer retains ownership of Customer Data as between Customer and Company, subject to the rights granted to Company in these Terms and the Privacy Policy. Customer represents that it has all rights necessary to provide Customer Data to Company and to allow Company and its providers to process Customer Data as described.
Any idea, suggestion, improvement, request, workflow concept, product feedback, issue report, configuration concept, integration request, business process, prompt pattern, or recommendation submitted by Customer may be used by Company without restriction, attribution, compensation, approval, or duty of confidentiality, and Customer grants all rights necessary for Company to use such feedback perpetually, irrevocably, worldwide, royalty-free, and sublicensably.
Customer may receive nonpublic information about CCS. Customer must not disclose Company confidential information except as permitted in writing. Company may disclose Customer confidential information as permitted by these Terms, the Privacy Policy, Customer instruction, law, legal process, provider requirements, or as needed to operate, support, secure, enforce, or defend CCS.
12. Disclaimers, Limitation of Liability, and Indemnification
No Legal, Compliance, Carrier, or Professional Advice
Company is not Customer's attorney, compliance officer, fiduciary, telemarketer, seller, lead broker, call center, carrier, common carrier, privacy officer, healthcare compliance advisor, financial compliance advisor, or regulatory advisor. Any information, template, default, configuration, recommendation, workflow, compliance feature, state-law mapping, documentation, or support provided by Company is operational and informational only and is not legal or professional advice.
Disclaimer of Warranties
CCS and all related services, features, AI tools, Telecommunications Resources, beta features, integrations, documentation, recommendations, templates, defaults, compliance tools, billing displays, and third-party provider components are provided AS IS, AS AVAILABLE, WITH ALL FAULTS, and without warranties of any kind, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, security, compliance, performance, uninterrupted operation, or error-free operation.
Limitation of Liability
To the maximum extent permitted by law, Company's total aggregate liability for all claims shall not exceed the greater of five hundred dollars ($500) or the fees actually paid by Customer to Company for CCS during the ninety (90) days before the event giving rise to the claim. Company shall not be liable for indirect, incidental, consequential, special, exemplary, punitive, multiplied, regulatory, statutory, lost-profit, lost-revenue, lost-data, reputational, business-interruption, loss-of-goodwill, replacement-service, cover, or similar damages, even if advised of the possibility.
The limitations in these Terms apply to all theories of liability, including contract, tort, negligence, strict liability, statutory liability, product liability, warranty, indemnity, contribution, and any other theory, to the maximum extent permitted by law. Some jurisdictions do not allow certain limitations, so some limitations may apply only to the maximum extent permitted.
Customer Indemnification
Customer shall defend, indemnify, reimburse, and hold harmless Company, Hepner Corp, affiliates, owners, officers, directors, managers, members, employees, contractors, subcontractors, agents, representatives, successors, assigns, third-party providers, and licensors from and against every claim, demand, complaint, arbitration, lawsuit, class action, mass action, regulatory inquiry, civil investigative demand, subpoena, government investigation, enforcement action, carrier complaint, provider complaint, payment dispute, consumer complaint, settlement, judgment, award, fine, penalty, fee, tax, chargeback, cost, expense, attorneys' fee, expert fee, forensic fee, remediation cost, notification cost, and business disruption cost arising out of or relating to Customer Data, Customer products or services, Customer communications, Customer campaigns, Telecommunications Resources, contact lists, lead sources, consent practices, DNC practices, opt-out practices, suppression practices, call recording practices, scripts, prompts, AI instructions, AI outputs, email notifications, SMS messages, text messages, outbound calls, inbound workflows, marketing claims, sales claims, privacy practices, billing disputes caused by Customer conduct, Customer fraud or misconduct, Customer violation of law, Customer breach of these Terms, Customer use of CCS, or any allegation that Company acted as caller, sender, telemarketer, seller, campaign operator, lead generator, data controller, processor, or communications initiator because Company provisioned, verified, configured, maintained, paid for, or supported Telecommunications Resources or provider workflows on Customer's behalf.
Indemnified claims include claims or investigations arising under or related to the Telephone Consumer Protection Act, FCC rules, FTC Telemarketing Sales Rule, state mini-TCPA laws, state telemarketing laws, state do-not-call or do-not-text laws, call recording laws, CAN-SPAM, privacy laws, consumer protection laws, industry-specific laws, carrier rules, provider policies, DNC claims, consent disputes, opt-out disputes, autodialing allegations, artificial or prerecorded voice allegations, AI voice allegations, text messaging claims, email claims, call timing claims, disclosure claims, and similar communications laws or policies.
13. Dispute Resolution, Governing Law, Notices, and Changes
Arbitration, Class Action Waiver, Jury Trial Waiver, and Venue
Except for claims seeking injunctive relief, collection of unpaid amounts, protection of intellectual property or confidential information, chargeback enforcement, or emergency relief, disputes shall be resolved by binding individual arbitration. Customer waives class actions, collective actions, representative actions, mass arbitration, private attorney general actions, and jury trial to the maximum extent permitted by law. Wisconsin law governs, without regard to conflict-of-law rules. Venue for permitted court proceedings lies exclusively in the state or federal courts located in Wisconsin, unless Company elects another forum to enforce rights or obtain emergency relief.
Electronic Communications and Legal Notices
Customer consents to receive notices, disclosures, agreements, receipts, billing notices, credit notices, replenishment notices, invoices, security notices, compliance notices, suspension notices, policy updates, pricing notices, product announcements, account notices, and legal communications electronically by email, in-platform notice, dashboard banner, SMS, portal notification, website posting, or other electronic means. Electronic notice has the same legal effect as written paper notice.
A notice sent to any account owner, billing contact, administrator, authorized user, signer, or email address associated with Customer is deemed received when sent, unless Company receives a hard bounce indicating non-delivery. Customer's failure to open, read, route, monitor, whitelist, forward, or respond to email does not invalidate notice. Customer is responsible for maintaining current contact information and replacing departed personnel.
14. Survival and Contact
All provisions that by nature should survive termination survive, including definitions, fees, credit terms, no-refund provisions, data rights, AI and automation disclaimers, compliance obligations, Telecommunications Resource responsibility, audit rights, records rights, warranty disclaimers, liability limitations, indemnification, arbitration, class waiver, confidentiality, IP ownership, electronic notices, and enforcement rights.
Legal questions about these Terms may be sent to legal@callcentersync.com. Operational or support questions should be submitted through the support channels made availab