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 2.0 | Effective Date: December 5, 2025
Operator: HepnerSync
Legal Contact: legal@callcentersync.com
CUSTOMER NOTICE
These Terms are intended for business customers. By creating an account, checking an acceptance box, activating the platform, using a trial rate period, adding a payment method, provisioning phone numbers, creating or launching a campaign, sending calls, texts, emails, notifications, prompts, AI instructions, or other communications through CCS, or continuing to use CCS after posting or notice of these Terms, Customer agrees to be bound by this entire document and the separately posted Privacy Policy.
Document Index
1. Binding Acceptance and Legal Framework
2. Entity Structure and Product Identity
3. Core Definitions
4. Relationship to Privacy Policy and Annual Subscription Agreement
5. Account Creation, Authority to Bind, and Clickwrap Acceptance
6. Evidence Capture, Electronic Records, E-SIGN, and UETA
7. Service Scope and Platform Description
8. Trial Rate Period, Pricing, Billing, and No Refunds
9. Annual Commitment Option and Post-Trial Non-Commitment Rate
10. Customer-Controlled Campaigns and Platform Responsibility Allocation
11. Telecommunications Resource Authorization
12. Use of Company Identity, Licenses, Accounts, and Verification Materials for Provider Workflows
13. Customer as Calling Party, Sender, Campaign Operator, and Compliance Owner
14. Campaign Compliance Certification
15. Required Customer Records and Audit Cooperation
16. Acceptable Use Policy and Prohibited Activities
17. Regulated and High-Risk Industry Terms
18. Voice, Calling, SMS, Email, and Multi-Channel Communication Terms
19. Customer-Directed Email and Notification Terms
20. AI Functionality, AI Output Disclaimer, and AI Training Rights
21. Product Improvement, Feedback, Residual Knowledge, and Know-How Rights
22. Customer Data, Data Processing, Retention, Security, and Privacy Responsibility
23. HIPAA, PHI, Sensitive Data, and Regulated Data
24. Third-Party Providers and Telecommunications Dependencies
25. Emergency Suspension, Reputation Protection, and Provider Relationship Protection
26. Support, Operational Assistance, and No IT Consulting Reliance
27. No Legal, Compliance, Financial, Healthcare, or Professional Advice
28. Customer Responsibilities for Users, Credentials, Systems, and Integrations
29. Intellectual Property, Ownership, License, and Restrictions
30. Confidentiality, Platform Information, and Publicity Limits
31. Beta, Preview, Experimental, and Future Features
32. Service Changes, Feature Removal, Provider Replacement, and Platform Evolution
33. Fees, Taxes, Chargebacks, Collection Costs, and Payment Suspension
34. Regulatory Cooperation, Complaints, Investigations, and Record Production
35. Customer Indemnification
36. Warranty Disclaimers
37. Limitation of Liability
38. Dispute Resolution, Arbitration, Class Action Waiver, and Jury Trial Waiver
39. Termination, Account Closure, Number Loss, and Post-Termination Obligations
40. Changes to These Terms
41. General Legal Terms
42. Supplemental Policy Exhibits
43. Implementation Checklist for Account Creation Checkbox and Evidence Logs
1. Binding Acceptance and Legal Framework
These Master Terms of Service and Incorporated Platform Policies, together with the separately posted Privacy Policy and any applicable annual commitment, order form, quote, invoice, portal terms, written addendum, or signed agreement, form a binding agreement between InventorySync LLC d/b/a HepnerSync d/b/a Call Center Sync and the Customer that accesses or uses CCS.
Customer accepts these Terms by any of the following acts: creating an account, clicking an acceptance checkbox, checking a box next to language referencing these Terms or the Privacy Policy, activating a trial rate period, adding or maintaining a payment method, provisioning or requesting phone numbers, configuring a workspace, uploading Customer Data, creating a Campaign, launching or continuing a Campaign, using AI calling, sending or enabling text messages, sending or enabling email notifications, using support, paying an invoice, accepting an annual commitment, or continuing to use CCS after notice or posting of updated terms.
These Terms are designed to serve as the primary public platform agreement for CCS. They are intended to be posted in the website footer, linked during account creation, linked inside the application, and incorporated into all platform use. The account creation checkbox may accept the entire platform legal framework in one event.
Customer agrees that these Terms are enforceable even if Customer did not read every page before accepting them. Customer is responsible for reviewing all linked and incorporated terms before using CCS. A failure to read, understand, internally route, or preserve a copy of the Terms does not excuse performance or reduce Customer responsibility.
If Customer does not agree to these Terms, Customer must not create an account, activate a trial rate period, provision resources, launch a Campaign, upload Customer Data, or use CCS. Continued access or use after notice, posting, or update is acceptance of the then-current version to the fullest extent permitted by law.
2. Entity Structure and Product Identity
The contracting platform operator is InventorySync LLC d/b/a HepnerSync d/b/a Call Center Sync. Call Center Sync and CCS are product and brand names. HepnerSync is a doing-business-as name used by InventorySync LLC. Unless a separate signed agreement expressly states otherwise, InventorySync LLC is the contracting entity for CCS.
Hepner Corp may own, control, hold interests in, provide oversight for, or be affiliated with InventorySync LLC or related companies, but Hepner Corp is not a party to these Terms and assumes no liability for CCS unless Hepner Corp separately signs a written agreement expressly accepting such liability. This entity-separation structure is material to Company's pricing, risk allocation, and willingness to provide CCS.
Affiliated entities, owners, officers, managers, employees, contractors, subcontractors, vendors, representatives, successors, assigns, licensors, and Third-Party Providers are intended beneficiaries of disclaimers, limitations, indemnities, defense rights, data rights, and enforcement protections in these Terms. Customer agrees not to attempt to avoid these limitations by suing, demanding, or proceeding against a non-party affiliate or individual rather than the contracting entity.
No DBA, brand name, shared employee, shared office, shared owner, common management, shared support agent, shared sales process, shared website, shared email domain, shared customer relationship, or cross-company collaboration creates joint liability, partnership, joint venture, agency, alter ego, fiduciary duty, or enterprise-wide liability among InventorySync LLC, HepnerSync, Call Center Sync, Hepner Corp, Hepner Consulting LLC, Hepner Studios, or any other affiliated entity.
3. Core Definitions
The following definitions apply throughout these Terms. Definitions are intended to be interpreted broadly to protect Company and to cover current features, future features, third-party infrastructure, internally developed infrastructure, AI systems, telecommunications systems, and related business processes.
Term
Meaning
Company, we, us, our
InventorySync LLC d/b/a HepnerSync d/b/a Call Center Sync, and where context requires, its authorized personnel, affiliates, owners, officers, managers, members, employees, contractors, subcontractors, vendors, licensors, Third-Party Providers, successors, and assigns.
Call Center Sync or CCS
The Call Center Sync website, application, user portal, wizard, AI calling tools, campaign tools, number provisioning workflows, email notification tools, SMS tools, dashboards, integrations, APIs, documentation, support workflows, and related services.
Customer, you, your
The business, organization, entity, person, representative, owner, administrator, employee, contractor, agent, affiliate, or user that accesses, purchases, configures, accepts, or uses CCS.
Customer Data
Contacts, phone numbers, lead lists, scripts, prompts, recordings, call logs, transcripts, CRM data, account data, billing information, email addresses, campaign information, support information, and other materials submitted to or processed through CCS.
Campaign
Any outbound, inbound, automated, manual, AI-assisted, AI-generated, artificial voice, prerecorded voice, SMS, email, follow-up, reminder, notification, marketing, sales, support, appointment, collections, informational, or other communication activity conducted through or in connection with CCS.
Telecommunications Resources
Telephone numbers, caller ID names, business profiles, registration profiles, carrier resources, messaging resources, calling infrastructure, AI voice resources, telecommunications accounts, verifications, workspaces, administrative profiles, and related provider resources.
Administrative Agent
The limited role in which Company may configure, procure, purchase, register, verify, manage, renew, suspend, migrate, reclaim, or administer Telecommunications Resources solely for Customer convenience, platform operation, and Customer-directed use.
Third-Party Providers
Telecommunications carriers, AI infrastructure providers, hosting providers, cloud providers, payment processors, email providers, SMS providers, analytics providers, security providers, data processors, and other external systems used to operate CCS.
Billable AI Minute
Each minute or partial minute, as measured by CCS or its billing systems, during which an AI calling workflow, AI agent, AI voice session, or related AI communication workflow is active, connected, processing, routing, or otherwise running for Customer.
Trial Rate Period
The first three calendar months beginning on the earliest of account creation, trial activation, billing activation, payment method submission, first paid feature use, first resource provisioning, or another start date shown in the account, order, invoice, or portal.
Annual Subscription Agreement
The signed or portal-accepted annual commercial agreement that may allow Customer to keep the annual usage rate during a fifty-two week annual commitment term, subject to all terms and payment obligations.
Legal Suite
These Terms, the Privacy Policy, any signed or accepted Subscription Agreement, and all policies, authorizations, certifications, and incorporated documents referenced by any of them.
Communications
Calls, texts, emails, AI messages, artificial voice messages, prerecorded messages, reminders, notifications, follow-ups, scripts, prompts, summaries, transcripts, and other communications sent, received, generated, or enabled through CCS.
Regulated Data
Protected health information, sensitive health data, substance use disorder treatment records, financial account data, government identifiers, children's data, biometric data, education records, consumer credit data, legal privileged data, and similar sensitive or legally regulated information.
4. Relationship to Privacy Policy and Annual Subscription Agreement
These Terms are the public platform terms. The Privacy Policy is the public privacy and data rights policy and should be posted separately in the website footer. The annual Subscription Agreement is the signed commercial contract that may be presented near the end of the Trial Rate Period or at any other time Company chooses to offer annual commitment pricing.
The Privacy Policy is incorporated into these Terms for data handling, security, AI training, retention, records, legal notice, communications, and Customer Data topics. If a data topic appears in both documents, the documents should be read together and construed to give Company the broadest lawful protection, data rights, and operational flexibility, unless applicable law requires a narrower interpretation.
The annual Subscription Agreement controls specific signed commercial terms if Customer signs it. These Terms continue to apply to all platform use even after an annual Subscription Agreement is signed. Unless an annual Subscription Agreement expressly says a specific section of these Terms is replaced, these Terms remain in effect.
Before an annual Subscription Agreement is signed, the Customer's use is governed by these Terms, the Privacy Policy, account settings, portal pricing, invoices, payment authorization, and any accepted quote or order form. The Trial Rate Period is not a free trial. It is a paid trial rate period during which the Customer may use the platform without first signing the annual Subscription Agreement, subject to these Terms and applicable fees.
5. Account Creation, Authority to Bind, and Clickwrap Acceptance
The individual creating, accessing, configuring, or using an account represents and warrants that they have authority to bind the Customer. If an account is created using a business email address, business domain, business name, CRM connection, payment method, phone number request, workspace, campaign information, or other business information, Company may conclusively rely on that information as evidence that the account creator and administrators are authorized to bind the Customer.
Customer is responsible for all acts and omissions of its account owners, administrators, employees, contractors, agents, representatives, vendors, affiliates, users, sales personnel, marketing personnel, support personnel, consultants, and any person who accesses CCS using Customer's credentials, systems, payment methods, email addresses, business domains, integrations, or administrative access.
Customer may not later disavow acceptance because a particular employee, contractor, consultant, salesperson, marketer, assistant, vendor, or agent lacked internal authority if Company reasonably relied on apparent authority, business email usage, account access, payment method usage, administrative configuration, campaign activity, or continued use.
Company may use a single clickwrap acceptance event to accept these Terms, the Privacy Policy, the Telecommunications Resource Authorization, the Campaign Compliance Certification, acceptable use rules, data processing terms, email notification terms, electronic evidence terms, billing terms, AI terms, and all other incorporated policies. Additional confirmations may be required at Company's discretion, but they are not required for enforceability unless Company chooses to require them.
6. Evidence Capture, Electronic Records, E-SIGN, and UETA
Customer consents to electronic contracting, electronic notices, electronic signatures, electronic records, clickwrap acceptance, checkbox acceptance, portal acceptance, email notices, in-application notices, dashboard notices, website posting, and audit logs. Customer agrees that electronic acceptance has the same force and effect as a handwritten signature to the fullest extent permitted by the Electronic Signatures in Global and National Commerce Act, the Uniform Electronic Transactions Act, and other applicable electronic signature laws.
Company may maintain and use acceptance records, logs, account records, IP addresses, timestamps, device data, email addresses, business names, billing information, account IDs, workspace IDs, phone number IDs, campaign IDs, prompt versions, script versions, cadence versions, blackout versions, document versions, document URLs, document hashes, checkbox text, button text, in-app event data, payment records, email delivery records, and related metadata as evidence of acceptance, notice, authority, use, certification, authorization, and responsibility.
If Company cannot capture an individual legal name at account creation, Customer agrees that the email address used to create the account, business name, payment method, IP address, timestamp, account ID, workspace ID, document version, checkbox text, and related technical records are sufficient evidence of Customer acceptance and authority unless Customer proves unauthorized access and promptly notified Company before any platform use occurred.
Customer agrees not to challenge the validity or admissibility of Company's electronic records solely because they are electronic, generated automatically, stored in a database, maintained by a third-party provider, exported from a system of record, captured through a browser, captured through an application, or not accompanied by a handwritten signature.
7. Service Scope and Platform Description
CCS is a business software platform that may provide AI calling workflows, campaign tools, contact management tools, prompt tools, call scripting tools, call logging tools, transcript tools, recording tools, analytics, dashboards, user portals, automation, integrations, APIs, notification tools, telecommunications setup workflows, phone number provisioning workflows, support tools, documentation, and related administrative services.
CCS is not a law firm, compliance service, telemarketing advisor, common carrier, regulated telecommunications carrier, healthcare provider, financial institution, debt collector, political consultant, emergency service, call center, lead broker, data broker, managed services provider by default, cybersecurity consultant by default, or substitute for Customer's own legal, regulatory, compliance, IT, cybersecurity, marketing, sales, finance, or operational review.
Company provides tools. Customer uses those tools. Customer controls Customer Data, contacts, recipients, call timing, call frequency, scripts, AI prompts, AI instructions, call purposes, products or services being promoted, disclosures, opt-out processes, email content, SMS content, follow-up logic, call recordings, CRM activity, and all business decisions associated with Campaigns.
Default settings, sample prompts, sample scripts, templates, suggested configurations, onboarding flows, wizard-generated choices, default cadences, blackout settings, AI behavior examples, support guidance, or documentation are not legal advice, compliance approval, safe harbor recommendations, or guarantees of lawful use. Customer must review and configure all settings for Customer's own legal and business requirements.
8. Trial Rate Period, Pricing, Billing, and No Refunds
The Trial Rate Period is a paid trial rate period, not a free trial. Unless modified in a signed or portal-accepted writing, the standard platform fee is $500 per week and the standard usage rate during the first three calendar months of the Trial Rate Period is $0.99 per Billable AI Minute.
The Trial Rate Period begins on the earliest of account creation, trial activation, billing activation, payment method submission, first use of a paid feature, first provisioning of a Telecommunications Resource, first AI calling workflow activity, or another start date shown in the portal, order, invoice, or account record.
A Billable AI Minute means each minute, measured by CCS or its billing systems, during which an AI calling workflow, AI agent, AI voice session, automated calling process, phone session, related AI communication process, or other billable communication workflow is active, connected, processing, ringing, waiting, routing, transferring, logging, analyzing, summarizing, or otherwise running for Customer. Unless the billing page, invoice, or order states otherwise, partial minutes may be rounded up to the next whole minute.
All payments, fees, charges, deposits, platform fees, usage fees, minute fees, number fees, setup fees, provider fees, telecommunications fees, AI fees, support fees, compliance review fees, taxes, recovery fees, and pass-through charges are final, non-cancellable, non-creditable, and non-refundable to the fullest extent permitted by law.
No refund, credit, offset, reversal, price adjustment, goodwill credit, chargeback concession, or re-rate is owed because Customer changes its mind, stops using CCS, fails to review pricing, fails to sign the annual Subscription Agreement, fails to monitor notices, experiences provider blocking, experiences suspension, dislikes AI outputs, receives fewer leads than expected, receives more charges than expected, generates low conversion rates, misconfigures settings, uses more minutes than expected, uses fewer minutes than expected, does not understand that the Trial Rate Period is paid, or does not understand that post-trial pricing may increase automatically.
9. Annual Commitment Option and Post-Trial Non-Commitment Rate
Before or near expiration of the Trial Rate Period, Company may make an annual Subscription Agreement available. Company may send reminders by email, in-app notice, portal notice, dashboard notice, invoice note, account notice, text message, or other electronic means, but Company has no obligation to prove that Customer opened, read, internally routed, or understood a reminder.
If Customer accepts the annual Subscription Agreement before the Trial Rate Period expires, the usage rate may remain $0.99 per Billable AI Minute during the annual commitment term, unless the signed or portal-accepted annual Subscription Agreement states otherwise.
If Customer does not accept the annual Subscription Agreement before the Trial Rate Period expires and continues using CCS, the usage rate automatically converts to $1.25 per Billable AI Minute for continued use, unless Company expressly agrees otherwise in a signed or portal-accepted writing. This automatic post-trial rate change does not require a new signature, new checkbox, separate invoice approval, or separate acceptance event. Continued use, maintaining an active payment method, allowing workflows to continue, keeping the account active, or failing to cancel before the Trial Rate Period expires is acceptance of the post-trial non-commitment rate.
If Customer later signs the annual Subscription Agreement after the Trial Rate Period expires, the lower annual commitment rate applies only prospectively from the effective date stated in the signed or portal-accepted agreement unless Company expressly agrees in writing to retroactive treatment. Company has no obligation to refund, credit, reverse, or re-rate post-trial usage incurred before the annual Subscription Agreement became effective.
The annual commitment term is fifty-two consecutive weeks. Customer acknowledges that a fifty-two week year is used for platform-fee billing and annual commitment calculations. If the annual Subscription Agreement is accepted, Customer is responsible for all fifty-two weekly platform fees during the annual commitment term unless the signed agreement expressly states otherwise. Customer agrees that the annual commitment is not calculated as twelve months multiplied by four weeks.
10. Customer-Controlled Campaigns and Platform Responsibility Allocation
Customer is the only party that determines whether a Campaign should exist, who should be contacted, what data should be uploaded, what products or services should be discussed, what disclosures should be made, what scripts should be used, what AI prompts should be used, what AI instructions should be used, what follow-ups should be sent, what time windows should apply, what cadence should apply, what opt-out process should apply, and whether Customer has lawful authority to contact each recipient.
Customer understands that CCS may include default values, templates, suggested settings, wizard steps, automation, prompt examples, or recommended workflows. These defaults are provided for operational convenience only. Customer remains responsible for modifying, validating, approving, testing, and monitoring every setting before using it in a live Campaign.
Customer assumes all risk arising from Customer's use, misuse, misconfiguration, failure to configure, failure to monitor, failure to test, failure to update, failure to stop, failure to honor opt-outs, failure to suppress restricted contacts, failure to comply with time-zone rules, failure to disclose recording, failure to validate scripts, failure to review AI outputs, and failure to maintain proof of consent.
The fact that Company built, hosts, supports, configures, or provides the platform does not make Company responsible for Customer's business decisions, Customer's contacts, Customer's consent practices, Customer's marketing claims, Customer's products, Customer's compliance, Customer's data sources, Customer's scripts, Customer's AI instructions, or Customer's communications.
11. Telecommunications Resource Authorization
Customer expressly appoints Company as Customer's limited administrative agent for the purpose of procuring, purchasing, registering, verifying, configuring, assigning, maintaining, renewing, migrating, suspending, reclaiming, porting, releasing, or terminating Telecommunications Resources used by or for Customer.
This authorization applies to telephone numbers, caller ID names, business profiles, registration profiles, carrier resources, messaging resources, email sending resources, calling infrastructure, AI voice resources, telecommunications accounts, provider verifications, workspaces, administrative profiles, routing settings, account settings, and related provider resources.
Company may perform these activities through automated workflows, manual setup, provider dashboards, APIs, internal tools, wizards, support actions, administrative accounts, Third-Party Providers, Company-controlled provider accounts, Company personnel, Company owners, Company contractors, Company representatives, or other operational processes.
Customer agrees that all such work is performed solely for Customer convenience, Customer benefit, platform operations, and Customer-directed use. Customer remains solely responsible for all Campaigns and all communications transmitted through, using, or associated with Telecommunications Resources, regardless of who purchased, verified, configured, assigned, paid for, registered, or maintained those resources.
12. Use of Company Identity, Licenses, Accounts, and Verification Materials for Provider Workflows
Customer acknowledges that Third-Party Providers may require identity verification, business verification, government identification, driver's license information, owner information, representative information, payment information, address verification, account credentials, platform accounts, administrative profiles, business profiles, phone verification, domain verification, carrier registration, telecommunications registration, AI workspace creation, caller ID registration, number ordering, or similar information before resources can be activated.
Customer authorizes Company, Company personnel, Company owners, Company officers, Company managers, Company employees, Company contractors, Company representatives, and Company-controlled accounts to submit, use, maintain, or rely on Company business information, Company representative information, Company identity information, government identification, driver's license information, administrative account information, payment arrangements, account credentials, business profiles, licensing information, or provider verification materials where Company determines such use is necessary, convenient, operationally efficient, commercially reasonable, or required by a Third-Party Provider to create, maintain, or support Customer workspaces, numbers, caller IDs, messaging resources, AI workflows, or other Telecommunications Resources.
Customer agrees that such use is an administrative convenience and does not make Company the legal caller, sender, seller, telemarketer, campaign sponsor, advertiser, communications initiator, data controller for Customer Campaigns, lead generator, call center, common carrier, or legal operator of Customer communications. Customer will not assert otherwise in any complaint, chargeback, dispute, regulatory response, lawsuit, arbitration, demand letter, settlement communication, or third-party communication.
Customer accepts full responsibility for all Communications and Campaigns associated with any resource procured, purchased, verified, activated, assigned, configured, maintained, or supported using Company identity, Company accounts, Company licenses, Company payment arrangements, Company personnel, Company owner or representative information, or Company verification materials. Customer shall defend, indemnify, and reimburse Company for every claim, fee, penalty, investigation, provider charge, carrier charge, regulatory action, attorney fee, expert fee, staff cost, and business disruption arising from such use or from any allegation that Company became responsible because Company used its identity or accounts for administrative setup.
13. Customer as Calling Party, Sender, Campaign Operator, and Compliance Owner
For all contractual, operational, regulatory, risk-allocation, and compliance purposes, Customer is the sole Calling Party, Sender, Campaign Operator, Campaign Sponsor, Seller, Telemarketer, Business Initiating Communications, Advertiser, Lead User, Data Controller for Customer Campaigns, and owner of Customer Campaign decisions.
Customer is solely responsible for compliance with all laws, rules, regulations, orders, guidance, enforcement theories, industry standards, provider policies, platform rules, and contractual obligations that apply to calls, text messages, emails, AI-generated communications, artificial voice communications, prerecorded voice communications, outbound communications, inbound workflows, sales activities, marketing activities, appointment activities, support activities, lead follow-ups, customer communications, data processing, privacy, recording, consent, opt-outs, DNC, and telemarketing.
Applicable requirements may include the Telephone Consumer Protection Act, FCC rules, FTC rules, Telemarketing Sales Rule, National Do Not Call Registry rules, company-specific do-not-call requirements, state mini-TCPA laws, state telemarketing laws, state call recording laws, consent laws, consumer protection laws, unfair or deceptive practices laws, CAN-SPAM, state email laws, privacy laws, AI laws, biometric laws, industry-specific laws, international communication laws, and all future laws or interpretations governing automated communications.
Company does not determine whether Customer is legally allowed to contact a person. Company does not verify consent. Company does not approve Customer lead sources. Company does not confirm that Customer's recipients opted in. Company does not confirm that Customer's emails are lawful. Company does not confirm that Customer's call recordings are lawful. Company does not confirm that Customer's Campaigns comply with law.
14. Campaign Compliance Certification
Each account creation, trial activation, number provisioning, workspace creation, Campaign creation, Campaign launch, material Campaign edit, annual commitment, renewal, reactivation after suspension, complaint response, regulatory request, support request, or continued use is a renewed certification by Customer that Customer's use is lawful and compliant.
Customer certifies that: Customer is authorized to represent and bind the business using CCS; Customer is the sole calling party, sender, campaign operator, sponsor, seller, telemarketer, advertiser, or business initiating communications; Customer has obtained all legally required consents, permissions, notices, opt-ins, authorizations, licenses, registrations, exemptions, and approvals; Customer has scrubbed applicable national DNC, state DNC, internal DNC, opt-out, suppression, time-zone, frequency, restricted contact, and industry-specific lists; Customer has reviewed all scripts, prompts, AI instructions, recordings, disclosures, call purposes, email templates, SMS templates, and workflows; Customer understands AI outputs may be inaccurate or unexpected; Customer accepts responsibility for all Telecommunications Resources provisioned by or through CCS; Customer will maintain proof of consent, lead source, opt-out, DNC, script, prompt, approval, and campaign records; Customer will immediately stop any Campaign if complaints, consent disputes, legal concerns, provider concerns, or regulatory concerns arise; and Customer will indemnify Company for all claims arising from Customer Campaigns.
A false, incomplete, stale, negligent, reckless, or misleading certification is a material breach and grounds for immediate suspension, termination, record preservation, provider notification, regulatory cooperation, fee acceleration, loss of numbers, and indemnification. Company may treat a certification as false if Customer cannot provide supporting records promptly upon request.
15. Required Customer Records and Audit Cooperation
Customer must create and maintain complete, accurate, current, and legally sufficient records supporting every Campaign and every contact. Required records include consent source, consent date, consent method, consent language, lead source, contact source, opt-in proof, opt-out proof, DNC scrub proof, suppression list proof, customer relationship proof, call purpose, email purpose, SMS purpose, script versions, prompt versions, AI instruction versions, cadence versions, blackout settings, time-zone rules, recording notices, disclosure language, campaign approvals, user authorizations, regulatory licenses, industry exemptions, and any other records required by law or requested by Company.
Customer must provide requested records within twenty-four hours of Company request, or sooner if required by a carrier, provider, regulator, court, law enforcement authority, payment processor, complainant deadline, litigation hold, government demand, or urgent operational circumstance. Failure to provide records is a material breach even if Customer believes the underlying Campaign was lawful.
Company may audit, request, sample, preserve, review, or require records when Company believes there may be legal risk, regulatory risk, carrier risk, email reputation risk, provider risk, payment risk, security risk, consumer harm, brand risk, public relations risk, suspicious activity, high complaint rates, DNC issues, opt-out issues, or breach of these Terms. Any audit is discretionary and does not create a duty to monitor, detect, prevent, or correct Customer violations.
16. Acceptable Use Policy and Prohibited Activities
Customer may not use CCS for unlawful, deceptive, abusive, harassing, fraudulent, discriminatory, defamatory, obscene, threatening, invasive, unsafe, high-risk, malicious, deceptive, or provider-prohibited activity. Customer may not use CCS to contact any person without all legally required consent, authority, notice, licensing, and lawful basis.
Prohibited activities include fraud, scams, phishing, identity theft, impersonation, spoofing, caller ID manipulation, concealment of caller identity, deceptive marketing, harassment, threats, intimidation, abusive repeated calling, hate, discrimination, unlawful profiling, emergency communications, life-safety systems, crisis hotlines, medical diagnosis, clinical triage, emergency response, unauthorized debt collection, unauthorized healthcare outreach, unlawful political communications, unlawful financial communications, illegal lead generation, unlawful recording, evasion of opt-outs, evasion of DNC rules, use of scraped lists without legal authority, use of purchased lists without legal authority, use of harvested data, spam, malware, credential theft, and any activity intended to bypass carrier, provider, platform, or legal restrictions.
Customer may not attempt to reverse engineer, copy, scrape, decompile, disassemble, benchmark for competitive purposes, overload, interfere with, access without authorization, exploit, test without permission, attack, or create competing products from CCS, its AI systems, prompts, workflows, APIs, documentation, integrations, internal processes, or user interface.
Customer must maintain accurate business identity, accurate sender identity, accurate caller identity, lawful email headers, non-deceptive subject lines, truthful content, required physical address information where applicable, required unsubscribe or opt-out mechanisms, lawful call times, lawful cadence, lawful recording disclosures, and lawful suppression processes.
17. Regulated and High-Risk Industry Terms
CCS may be used only if Customer independently determines that the intended use is lawful for Customer's industry, jurisdiction, recipients, products, services, scripts, data, contacts, and communications. Company does not provide industry-specific legal approval, regulatory approval, compliance advice, safe harbor certification, or authorization to operate in any regulated industry.
High-risk or regulated uses may include political or election-related communications, debt collection, lending, credit repair, mortgage, insurance, healthcare, legal services, cannabis, adult services, gambling, education, government, financial services, housing, employment, benefits, sweepstakes, prizes, charitable solicitation, utilities, energy, and other regulated sectors. Customer remains solely responsible for all industry-specific laws, licenses, exemptions, disclosures, scripts, call timing, consent, recordkeeping, and complaint handling.
Company may refuse, suspend, limit, throttle, terminate, or require additional written terms for any high-risk or regulated use. Provider acceptance, number provisioning, successful dialing, lack of suspension, successful email delivery, or support assistance does not mean Company approved Customer's industry, legal basis, script, consent status, compliance process, or Campaign.
Customer may not use CCS for emergency, diagnosis, treatment decisions, clinical triage, legal advice, financial eligibility decisions, credit decisions, employment decisions, housing decisions, benefits decisions, regulated debt collection, or other high-impact decisions unless Customer has independently determined the use is lawful, all required agreements are in effect, and the use is not prohibited by Company or any Third-Party Provider.
18. Voice, Calling, SMS, Email, and Multi-Channel Communication Terms
Customer may use CCS for calls, AI voice sessions, artificial voice communications, prerecorded or synthetic voice communications, SMS messages, email notifications, reminders, confirmations, follow-ups, call summaries, appointment communications, customer service communications, sales communications, and other multi-channel communications only if Customer has lawful authority to do so.
Customer must comply with all rules governing artificial voice, prerecorded voice, automated dialing, SMS, email, consent, opt-out, call recording, DNC, time-of-day restrictions, caller ID, sender ID, unsubscribe, disclosure, and recordkeeping. Customer is solely responsible for determining whether prior express consent, prior express written consent, established business relationship, transactional exemption, informational exemption, B2B exemption, written authorization, or another lawful basis applies.
Customer must configure and maintain opt-out and suppression mechanisms. If a recipient requests not to be contacted, withdraws consent, disputes consent, requests DNC treatment, requests deletion, requests unsubscribe, or complains, Customer must promptly honor that request and must stop communications where required by law. Customer may not rely on Company to detect or process every recipient request.
Customer must not use CCS to contact emergency lines, hospitals, health care facilities, patient rooms, emergency services, public safety lines, government emergency contacts, wireless numbers without required consent, numbers for which the recipient is charged, or any other restricted line unless Customer has confirmed lawful authority.
19. Customer-Directed Email and Notification Terms
Customer may configure CCS to send email notifications, confirmations, reminders, follow-ups, call summaries, appointment information, missed-call notices, support notices, sales notices, operational notices, legal notices, billing notices, customer service messages, or other communications to Customer personnel, Customer customers, prospects, leads, subscribers, patients, clients, vendors, or other recipients.
For Customer-directed emails and notifications, Customer is the sole sender and legal operator. Company may provide software, templates, delivery infrastructure, routing, logs, analytics, provider connections, and administrative support, but Customer controls the business purpose, recipient selection, content, timing, compliance basis, sender identity, follow-up actions, and suppression process.
Customer is solely responsible for CAN-SPAM, state email laws, consumer protection laws, privacy laws, industry-specific rules, international electronic messaging laws, unsubscribe handling, opt-out handling, sender identity, subject lines, message content, physical address requirements, suppression lists, and truthfulness of content.
Company is not liable for email non-delivery, spam filtering, inbox placement, blocklisting, domain reputation harm, sender reputation harm, unsubscribe disputes, recipient complaints, bounced messages, delayed messages, blocked domains, sender authentication issues, DMARC, DKIM, SPF, provider actions, or deliverability reduction. Company may suspend email functionality if email activity may create legal, compliance, security, deliverability, provider, brand, or reputational risk.
20. AI Functionality, AI Output Disclaimer, and AI Training Rights
CCS may use current AI systems, future AI systems, internally developed AI, third-party AI, hybrid AI, speech systems, voice systems, transcription systems, summarization systems, classification systems, analytics systems, automation, models, prompts, embeddings, tools, agents, workflows, or related technologies. Company may change, replace, supplement, remove, migrate, or modify AI infrastructure at any time.
AI-generated, AI-assisted, automated, synthetic, artificial voice, model-generated, machine-generated, transcription-generated, or summarization-generated outputs may be inaccurate, incomplete, delayed, biased, offensive, unexpected, noncompliant, irrelevant, misleading, hallucinated, or unsuitable for Customer's intended purpose. Customer assumes all risk from reliance on AI outputs and must review, test, supervise, validate, monitor, and correct AI behavior and outputs before and during use.
Company does not guarantee that AI will follow every prompt, comply with every script, preserve every nuance, handle every objection, comply with every law, recognize every opt-out, detect every consent issue, avoid every hallucination, avoid every inappropriate output, or achieve any sales, support, appointment, revenue, or compliance outcome.
To the fullest extent permitted by law and the Privacy Policy, Company may collect, retain, analyze, transform, aggregate, de-identify, anonymize, tokenize, derive insights from, and use Customer Data, usage data, logs, transcripts, recordings, call events, email events, SMS events, metadata, prompt structures, workflow patterns, feature interactions, performance metrics, error events, support information, and derived data to operate, secure, debug, improve, train, evaluate, benchmark, develop, enhance, and commercialize CCS, Company systems, AI models, analytics, abuse detection systems, quality controls, safety systems, automation, documentation, workflows, and related services.
21. Product Improvement, Feedback, Residual Knowledge, and Know-How Rights
Customer may provide ideas, suggestions, improvements, workflow concepts, product feedback, issue reports, configuration concepts, integration requests, business processes, prompts, sales scripts, operational questions, industry questions, support conversations, training comments, meeting comments, or recommendations. Customer agrees that Company may use them without restriction, attribution, compensation, approval, notice, or duty of confidentiality unless a separate signed agreement expressly states otherwise.
Customer grants Company a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to use, reproduce, modify, adapt, create derivative works from, distribute, perform, display, commercialize, and otherwise exploit feedback, suggestions, ideas, concepts, workflows, prompts, recommendations, and generalized learnings provided by Customer or derived from Customer's use of CCS.
Company retains the unrestricted right to use residual knowledge, generalized ideas, know-how, methodologies, methods, techniques, skills, experience, concepts, lessons learned, operational learnings, statistical insights, product insights, support insights, implementation learnings, workflow patterns, architecture patterns, and business process knowledge retained in unaided memory or derived from providing CCS, provided Company does not intentionally disclose Customer-identifying confidential information except as allowed by the Legal Suite or law.
Customer acknowledges that Company may later create products, features, workflows, prompts, templates, documentation, automations, integrations, reports, dashboards, AI capabilities, support processes, or commercial offerings that are similar to or inspired by Customer feedback, Customer requests, Customer workflows, Customer conversations, or Customer use patterns. Customer has no ownership interest, revenue right, license fee, approval right, or claim against Company for such development.
22. Customer Data, Data Processing, Retention, Security, and Privacy Responsibility
Customer owns Customer Data as between Customer and Company, subject to Company rights described in these Terms, the Privacy Policy, applicable law, and any signed agreement. Company owns CCS, the platform, software, code, architecture, workflows, configurations, templates, models, dashboards, analytics, documentation, UI, UX, APIs, improvements, derivative works, usage insights, aggregated data, de-identified data, anonymized data, and all Company technology.
Customer instructs Company to process Customer Data as necessary to provide CCS, administer Telecommunications Resources, send Customer-directed communications, communicate with Customer, process billing, support Customer, secure the platform, detect abuse, comply with law, enforce agreements, produce records, defend claims, improve CCS, train and evaluate AI systems as permitted, and exercise rights under the Legal Suite.
Customer is solely responsible for lawful basis, consent, notices, data minimization, data accuracy, individual rights, cross-border transfer authorization, retention instructions, regulatory classification, privacy notices, opt-in, opt-out, suppression, DNC treatment, and data subject request handling for Customer Data. Company may redirect privacy requests to Customer or assist at Customer's expense.
Company may retain information as long as necessary or useful for operations, legal defense, audit evidence, billing, security, compliance, dispute resolution, provider requirements, backups, fraud prevention, AI training, product improvement, accounting, tax, enforcement, and business continuity. Company does not guarantee permanent retention or availability of Customer Data unless expressly agreed in a signed writing.
Company uses commercially reasonable safeguards, but no system is guaranteed secure. Company is not responsible for security failures caused by Customer credentials, Customer integrations, Customer devices, Customer users, third-party compromise, zero-day vulnerabilities, provider incidents, internet failures, API vulnerabilities, browser issues, customer-side malware, social engineering, or events outside Company's reasonable control.
23. HIPAA, PHI, Sensitive Data, and Regulated Data
CCS is not automatically approved for protected health information, substance use disorder treatment records, sensitive health data, children's data, biometric data, financial account data, government identifiers, education records, consumer credit data, legal client privileged data, or other regulated information. Customer must not upload or process such data unless Customer has determined the use is lawful and all required agreements, notices, consents, safeguards, and provider approvals are in place.
Customer is responsible for determining whether HIPAA, HITECH, 42 CFR Part 2, state health privacy laws, GLBA, FCRA, FDCPA, insurance laws, legal ethics rules, FERPA, COPPA, privacy laws, AI laws, biometric laws, government procurement rules, or other regulated data laws apply. Company does not provide regulated-industry compliance advice.
If a business associate agreement, data processing addendum, security exhibit, regulated data addendum, or other written agreement is legally required, Customer must ensure the required agreement is signed or portal-accepted before submitting regulated data. Customer may not represent that CCS is HIPAA-compliant, suitable for PHI, approved for patient communications, or approved for regulated data unless Company expressly agrees in a signed or portal-accepted regulated data agreement.
Company may immediately suspend any use that appears to involve unapproved regulated data, PHI, patient communications, health outreach, substance use disorder treatment records, sensitive financial data, children's data, biometric data, government identifiers, legal privileged data, education records, or legal or regulatory risk. Suspension for regulated data risk does not create a refund right.
24. Third-Party Providers and Telecommunications Dependencies
CCS may depend on telecommunications carriers, AI infrastructure providers, hosting providers, cloud providers, payment processors, email providers, SMS providers, analytics providers, security providers, data processors, CRM providers, transcription providers, voice providers, monitoring providers, and other external systems. Company may add, remove, replace, or modify Third-Party Providers at any time.
Company does not control and is not liable for Third-Party Provider downtime, outages, data loss, bugs, vulnerabilities, policy changes, pricing changes, account requirements, verification requirements, identity requirements, feature changes, call labeling, spam labeling, number blocking, number suspension, number loss, deliverability issues, AI output, model changes, routing errors, payment processing errors, chargeback handling, filtering, throttling, provider rejection, provider termination, or provider refusal to serve Customer.
All third-party services, software, hardware, infrastructure, provider resources, carrier resources, AI components, payment processing services, email services, telecommunications services, and related items are provided AS IS and subject to provider availability and provider terms. Customer must look to the applicable Third-Party Provider for claims arising from that provider's goods, services, actions, omissions, or policies, except to the extent a signed agreement says otherwise.
Customer is responsible for all licenses, consents, sublicenses, permissions, fees, registrations, accounts, and provider requirements necessary for Customer's use. If Company acquires or administers a provider resource on Customer's behalf, Customer remains responsible for all use, communications, compliance, charges, penalties, and disputes related to that resource.
25. Emergency Suspension, Reputation Protection, and Provider Relationship Protection
Company may immediately suspend, limit, disable, throttle, pause, delete, quarantine, preserve, report, or terminate any account, Campaign, number, workspace, domain, integration, API key, feature, user, email workflow, SMS workflow, AI 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, insurance, investigation, payment, deliverability, domain reputation, phone number reputation, email reputation, AI safety, or reputational risk.
Company may act even if the risk is uncertain, disputed, preliminary, alleged, based on complaints, based on provider signals, based on carrier flags, based on high bounce rates, based on call labeling, based on low answer reputation, based on suspicious traffic, based on payment problems, based on legal inquiry, based on demand letters, based on public criticism, or based on Company's subjective assessment of risk.
Company's relationships with carriers, providers, vendors, payment processors, AI providers, email providers, hosting providers, security providers, other customers, brand partners, affiliates, and regulators are material business assets. Customer may not use CCS in a way that jeopardizes those relationships. Company may prioritize protection of those relationships over Customer access or continuity.
Suspension, limitation, or termination under this section does not create a refund right, credit right, damage claim, lost profits claim, reliance claim, business interruption claim, or service-level claim. Customer remains responsible for all accrued fees, future commitments, chargebacks, provider costs, investigation costs, and indemnification obligations.
26. Support, Operational Assistance, and No IT Consulting Reliance
Company personnel, support agents, contractors, affiliated personnel, or representatives may provide onboarding help, troubleshooting assistance, software guidance, general configuration suggestions, operational observations, prompt suggestions, script observations, integration comments, technical suggestions, security observations, infrastructure observations, managed service style guidance, or other informational assistance.
Such assistance is informational only and does not create a managed services agreement, statement of work, consulting engagement, engineering engagement, cybersecurity engagement, compliance engagement, infrastructure design engagement, legal advice relationship, fiduciary relationship, or warranty unless a separate written agreement expressly creates that relationship.
Customer is solely responsible for evaluating, approving, testing, implementing, monitoring, and reversing any configuration, system change, workflow change, script change, prompt change, integration, IT recommendation, cybersecurity recommendation, access change, data change, software setting, domain setting, email setting, phone setting, CRM setting, infrastructure change, or operational change. Customer understands that system changes, data changes, access changes, integration changes, and bulk actions can create operational risk, downtime, data loss, security exposure, customer impact, or compliance issues.
No statement by Company personnel that a step may fix an issue, improve performance, reduce risk, increase security, resolve a defect, increase deliverability, improve calling performance, improve conversion, or improve infrastructure will be treated as a warranty, guarantee, representation, professional opinion, or binding commitment. Customer accepts all risk from implementing any suggestion unless a separate signed agreement expressly allocates that risk to Company.
27. No Legal, Compliance, Financial, Healthcare, or Professional Advice
Company does not provide legal advice, regulatory advice, compliance advice, tax advice, accounting advice, financial advice, healthcare advice, telemarketing compliance advice, political compliance advice, debt collection advice, insurance advice, cybersecurity consulting advice, engineering advice, or professional services through these Terms or through ordinary platform support.
Information about TCPA, TSR, FCC rules, FTC rules, CAN-SPAM, DNC rules, privacy, call recording, AI laws, email laws, SMS laws, provider policies, industry practices, scripts, prompts, consent, opt-outs, or communications is provided for general operational awareness only. Customer must obtain advice from Customer's own attorneys and advisors.
Company's provision of documentation, templates, defaults, suggested language, support responses, training materials, compliance reminders, or platform tools does not mean Company has reviewed Customer's legal compliance or approved Customer's use. Customer may not rely on Company as a compliance gatekeeper or use Company documentation as a substitute for legal review.
28. Customer Responsibilities for Users, Credentials, Systems, and Integrations
Customer is responsible for all users, credentials, administrative access, roles, permissions, devices, networks, integrations, domains, phone resources, payment methods, CRM connections, APIs, webhooks, scripts, prompts, data sources, and downstream systems connected to CCS.
Customer must maintain accurate account information, legal contact information, billing contact information, security contact information, compliance contact information, and administrative contact information. Notice to any account owner, billing contact, administrator, legal contact, authorized user, or email address associated with Customer is sufficient notice to Customer unless a signed agreement states otherwise.
Customer must safeguard credentials, use appropriate access controls, remove departed personnel, monitor account activity, maintain backups where appropriate, configure integrations carefully, test workflows before production use, and report suspected compromise promptly. Company is not responsible for unauthorized access caused by Customer's users, credentials, devices, integrations, or internal processes.
Customer must provide timely cooperation, information, access, documentation, approvals, records, and decisions needed for Company to provide CCS, support, billing, investigation response, provider coordination, or issue resolution. Delays, errors, omissions, or noncooperation by Customer may affect service quality and do not create liability for Company.
29. Intellectual Property, Ownership, License, and Restrictions
Company owns and retains all right, title, and interest in and to CCS, the software platform, source code, object code, systems, workflows, AI configurations, prompts created by Company, templates, documentation, designs, user interface, user experience, dashboards, reports, analytics, architecture, integrations, APIs, automation, data models, models, algorithms, inventions, discoveries, ideas, methods, processes, trademarks, branding, trade secrets, know-how, operational methods, and all improvements, derivatives, and related intellectual property.
Subject to these Terms and payment of all fees, Company grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use CCS for Customer's internal business purposes during the applicable term. Customer receives no ownership interest in CCS, Telecommunications Resources, phone numbers, caller IDs, AI models, prompts, workflows, provider accounts, administrative accounts, or Company technology.
Customer may not copy, modify, distribute, rent, sell, lease, sublicense, reverse engineer, decompile, disassemble, attempt to derive source code, benchmark for competitive purposes, scrape, extract, create derivative works, create competing software, train competing models using CCS outputs, circumvent access controls, remove proprietary notices, or use CCS in any way not expressly permitted.
Customer assigns or grants to Company all rights necessary for Company to use feedback, ideas, requests, workflows, prompts, and recommendations as described in these Terms. No compensation, revenue share, ownership, attribution, or approval is owed to Customer for Company use of such materials.
30. Confidentiality, Platform Information, and Publicity Limits
Non-public platform information, pricing information, technical information, security information, workflows, documentation, screenshots, credentials, product roadmaps, provider relationships, internal processes, AI configurations, support communications, and business information disclosed by Company are Company's confidential information unless publicly posted by Company without restriction.
Customer may not disclose Company confidential information to third parties except to Customer's employees, contractors, attorneys, accountants, and advisors who have a legitimate need to know and are bound by confidentiality obligations at least as protective as these Terms. Customer is responsible for its representatives' compliance.
Customer may not publish security tests, vulnerabilities, benchmarks, AI behavior examples, pricing details, platform screenshots, internal workflows, support messages, provider details, or dispute communications in a way that harms Company, reveals confidential information, enables abuse, or creates reputational risk, except where prohibited by law.
Company may identify Customer as a customer, maintain internal sales and support records, and use Customer's name in non-public business systems. Public use of Customer name or logo will be handled under the Privacy Policy, marketing consent, or applicable agreement.
31. Beta, Preview, Experimental, and Future Features
Company may provide alpha, beta, preview, pilot, proof-of-concept, early-access, experimental, unreleased, limited-availability, internally developed, or future features. Such features are provided AS IS, AS AVAILABLE, WITH ALL FAULTS, without any warranty, service level, support obligation, continuity obligation, availability commitment, or performance commitment.
Company may change, remove, limit, suspend, discontinue, commercialize, merge, rename, rebuild, or charge for beta or experimental features at any time. Customer should not rely on beta or experimental features for critical business processes, legal compliance, emergency use, regulated use, or any workflow where failure could cause harm.
Customer's use of beta or experimental features may generate data, feedback, logs, errors, outputs, and performance information that Company may use for development, testing, training, evaluation, quality improvement, abuse detection, and commercialization.
32. Service Changes, Feature Removal, Provider Replacement, and Platform Evolution
Company may add, change, limit, suspend, remove, rename, replace, migrate, throttle, discontinue, or modify features, integrations, providers, models, AI systems, phone workflows, email workflows, SMS workflows, dashboards, APIs, documentation, user interface, billing systems, support processes, security controls, verification workflows, and Telecommunications Resources at any time.
Customer acknowledges that CCS is an evolving platform and that Company may replace third-party infrastructure with internally developed infrastructure, replace internally developed infrastructure with third-party infrastructure, use hybrid infrastructure, change AI providers, create proprietary AI systems, modify telecommunications providers, change email providers, change payment processors, change data processors, or restructure the platform without amending these Terms.
No feature, provider, workflow, UI element, API behavior, documentation statement, support practice, or pricing display is guaranteed to remain available unless a signed agreement expressly states otherwise. Company is not liable for business process changes, retraining, integration updates, data migration, customer inconvenience, lost expectations, or lost value caused by platform evolution.
33. Fees, Taxes, Chargebacks, Collection Costs, and Payment Suspension
Customer authorizes Company and its payment processors to charge payment methods associated with the account for recurring platform fees, weekly fees, usage fees, post-trial rates, annual commitment amounts, pass-through fees, number fees, telecommunications fees, AI fees, provider fees, email fees, SMS fees, setup fees, support fees, taxes, late amounts, collection costs, investigation costs, chargeback fees, compliance costs, and other amounts owed.
Customer is responsible for all taxes, sales taxes, use taxes, excise taxes, telecommunications taxes, regulatory fees, universal service fees, provider fees, pass-through fees, payment processor fees, foreign exchange fees, bank fees, chargebacks, reversals, failed payment fees, collection costs, attorneys' fees, and costs associated with Customer's account or use, except taxes based on Company's net income.
Payment failure, declined card, chargeback, payment processor dispute, revocation of payment authorization, ACH failure, failure to update payment method, failure to pay invoice, suspected fraud, or excessive payment risk may result in immediate suspension or termination without refund. Customer remains responsible for amounts incurred before, during, and after suspension, including amounts generated by workflows that Customer failed to stop.
Customer may not withhold payment, offset amounts, initiate chargebacks, or refuse payment because of complaints about AI outputs, Campaign performance, provider actions, number loss, suspension, termination, failure to read notices, lack of annual commitment signature, post-trial rate conversion, or misunderstanding of charges. Good faith billing questions must be submitted promptly to Company, but billing disputes do not suspend payment obligations unless Company agrees in writing.
34. Regulatory Cooperation, Complaints, Investigations, and Record Production
Company may cooperate with regulators, law enforcement, courts, carriers, providers, payment processors, fraud prevention systems, complainants, affected parties, attorneys, auditors, insurers, and investigators. Company may disclose Customer information, Customer Data, logs, records, recordings, transcripts, prompts, scripts, certifications, acceptance evidence, usage data, billing data, provider data, and communications when Company believes disclosure is required, advisable, protective, commercially reasonable, or useful to reduce risk.
Customer must cooperate with Company in responding to complaints, subpoenas, civil investigative demands, regulatory inquiries, carrier complaints, provider complaints, attorney letters, consumer demands, DNC complaints, opt-out disputes, consent disputes, call labeling issues, spam reports, email deliverability issues, number blocking, law enforcement inquiries, chargebacks, and litigation.
Customer must reimburse Company for reasonable costs incurred due to Customer-related investigations, complaints, subpoenas, regulatory inquiries, carrier inquiries, provider inquiries, chargebacks, litigation holds, forensic reviews, record production, attorney review, expert review, staff time, engineering time, compliance review, emergency response, and remediation, even if no violation is ultimately found, unless prohibited by law.
35. Customer Indemnification
Customer shall defend, indemnify, reimburse, and hold harmless Company, Hepner Corp, affiliated entities, owners, officers, directors, managers, members, employees, contractors, subcontractors, agents, representatives, successors, assigns, licensors, Third-Party Providers, payment processors, carriers, and vendors from and against every claim, demand, complaint, arbitration, lawsuit, class action, mass action, coordinated action, representative action, regulatory inquiry, civil investigative demand, subpoena, government investigation, enforcement action, carrier complaint, provider complaint, consumer complaint, attorney demand, settlement, judgment, award, fine, penalty, fee, tax, chargeback, cost, expense, attorney fee, expert fee, forensic fee, remediation cost, notification cost, staff cost, engineering cost, compliance cost, business disruption cost, and reputational mitigation cost arising out of or relating to Customer Data, Campaigns, Telecommunications Resources, Customer communications, 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, outbound calls, inbound workflows, marketing claims, sales claims, privacy practices, regulated data, Customer products or services, Customer fraud, Customer misconduct, Customer violation of law, Customer breach of these Terms, Customer use of CCS, billing disputes, chargebacks, or any allegation that Company acted as caller, sender, telemarketer, seller, campaign operator, lead generator, data controller, processor, common carrier, communications initiator, or assisting party because Company provisioned, verified, configured, maintained, paid for, registered, or supported Telecommunications Resources on Customer's behalf.
Customer's indemnification obligations include claims under TCPA, TSR, FTC rules, FCC rules, National Do Not Call Registry rules, state DNC rules, state mini-TCPA laws, telemarketing laws, call recording laws, privacy laws, consumer protection laws, AI laws, biometric laws, CAN-SPAM, email laws, SMS laws, debt collection laws, healthcare laws, financial services laws, political communications laws, insurance laws, legal services rules, education laws, government procurement rules, international laws, provider policies, carrier policies, payment processor rules, and similar laws or rules.
Company may control the defense of any matter that may affect Company, its reputation, its providers, its platform, its insurance, its regulatory posture, its intellectual property, its business relationships, or other customers. Customer may not settle any matter in a way that admits fault by Company, imposes obligations on Company, restricts Company operations, requires Company payment, requires Company policy changes, or affects Company reputation without Company's prior written consent.
Customer's indemnification obligations survive termination, account closure, non-use, bankruptcy, sale of Customer's business, deletion of data, provider termination, expiration of the Trial Rate Period, expiration of the annual commitment, and any later dispute.
36. Warranty Disclaimers
CCS and all related services, features, AI tools, Telecommunications Resources, beta features, integrations, documentation, recommendations, templates, defaults, support assistance, emails, SMS features, phone numbers, caller IDs, dashboards, analytics, prompts, scripts, 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.
Company disclaims all warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, availability, uptime, accuracy, security, compliance, legality for Customer's use case, uninterrupted operation, error-free operation, deliverability, call quality, answer rate, conversion rate, AI behavior, AI accuracy, recording quality, transcription accuracy, email delivery, SMS delivery, number availability, and provider availability.
Company does not warrant that CCS will meet Customer requirements, achieve Customer business goals, generate leads, generate appointments, increase revenue, reduce costs, improve productivity, comply with laws, prevent complaints, prevent lawsuits, prevent regulatory inquiries, prevent cyber incidents, prevent data loss, prevent unauthorized access, or avoid provider actions.
37. Limitation of Liability
To the maximum extent permitted by law, Company's total aggregate liability for all claims arising out of or relating to CCS, these Terms, Customer's account, the Trial Rate Period, annual commitment pricing, Telecommunications Resources, Campaigns, Customer Data, AI outputs, provider actions, support, billing, suspension, termination, or any related matter shall not exceed the greater of five hundred dollars ($500) or the fees actually paid by Customer to Company for CCS during the ninety days before the event giving rise to the claim.
Company shall not be liable for indirect, incidental, consequential, special, exemplary, punitive, multiplied, statutory, regulatory, lost profit, lost revenue, lost data, lost goodwill, reputational, business interruption, replacement service, cover, loss of opportunity, loss of customer, loss of contract, loss of anticipated savings, loss of use, or emotional distress damages, even if Company was advised of the possibility of such damages.
The liability cap and damage exclusions apply regardless of legal theory, including contract, tort, negligence, strict liability, warranty, statute, regulation, equity, indemnity, contribution, misrepresentation, reliance, unjust enrichment, or any other theory. They apply even if a limited remedy fails of its essential purpose.
Customer agrees that the pricing of CCS reflects this allocation of risk. Company would not provide CCS, Trial Rate Period pricing, administrative number provisioning, AI workflows, or telecommunications setup without these limitations.
38. Dispute Resolution, Arbitration, Class Action Waiver, and Jury Trial Waiver
Except for claims seeking injunctive relief, protection of intellectual property or confidential information, collection of unpaid fees, chargeback recovery, enforcement of indemnification, account misuse, or emergency relief, disputes arising out of or relating to CCS, these Terms, Customer's account, Customer Data, Telecommunications Resources, billing, AI outputs, support, suspension, termination, or related matters shall be resolved by binding individual arbitration.
Customer waives class actions, collective actions, representative actions, mass actions, consolidated actions, coordinated actions, private attorney general actions, class arbitration, representative arbitration, mass arbitration, and any procedure in which claims are pursued on behalf of anyone other than Customer individually. The arbitrator may award relief only for the individual claim before the arbitrator and may not award relief for other customers, users, recipients, contacts, or the public.
Customer and Company waive the right to trial by jury for all disputes to the fullest extent permitted by law. Wisconsin law governs these Terms without regard to conflict of laws 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, collect amounts, protect intellectual property, respond to Customer's chosen forum, or obtain emergency relief.
If a court or arbitrator determines that a waiver of class, collective, representative, mass, or coordinated proceedings is unenforceable as to a particular claim, that claim must proceed in court and not arbitration, and only after individual claims subject to arbitration are completed, unless Company elects otherwise in writing.
39. Termination, Account Closure, Number Loss, and Post-Termination Obligations
Company may suspend or terminate Customer's access immediately for nonpayment, chargeback, suspected violation, legal risk, regulatory risk, provider risk, excessive complaints, DNC issues, opt-out issues, carrier flags, email flags, reputational risk, security risk, data misuse, false certification, failure to provide records, unauthorized regulated data, abusive activity, provider requirement, or any conduct Company deems harmful.
Customer may stop using CCS, but stopping use does not cancel accrued fees, annual commitments, weekly platform fees, usage fees, investigation costs, chargebacks, indemnification, or other obligations. Customer must follow Company's cancellation process and must ensure workflows, Campaigns, integrations, and payment obligations are properly terminated.
After termination or suspension, Customer may lose access to phone numbers, caller IDs, workspaces, data, recordings, transcripts, settings, prompts, scripts, numbers, email configurations, SMS configurations, integrations, reports, logs, and other resources. Telephone numbers are not property and may be reclaimed, released, suspended, recycled, reassigned, or lost due to provider action or termination. Company is not liable for number loss.
All provisions that by nature should survive termination survive, including definitions, fees, no refunds, data rights, AI training rights, feedback rights, residual knowledge rights, compliance obligations, Telecommunications Resource responsibility, audit rights, warranty disclaimers, liability limitations, indemnification, arbitration, class action waiver, jury trial waiver, confidentiality, IP ownership, electronic notices, chargeback obligations, regulated data restrictions, and enforcement rights.
40. Changes to These Terms
Company may update these Terms by posting a new version on the website, emailing notice, providing in-app notice, displaying dashboard notice, presenting updated clickwrap, or making updated terms available in the portal. Continued use after the effective date constitutes acceptance to the fullest extent permitted by law.
Changes may be effective immediately where Company determines that immediate change is appropriate for legal, regulatory, provider, security, billing, operational, AI safety, telecommunications, email deliverability, abuse prevention, or reputational reasons. Company may also make non-material changes, clarifications, reorganizations, formatting changes, and cross-reference updates without prior notice.
Customer is responsible for periodically reviewing the website footer, portal, account notices, and email notices for updated terms. Failure to read or internally route updated terms does not prevent them from becoming effective.
41. General Legal Terms
These Terms and any incorporated policies are the entire platform agreement regarding public platform use unless a signed or portal-accepted agreement expressly modifies specific sections. Customer purchase orders, vendor portals, procurement terms, security questionnaires, emails, support tickets, oral statements, or inconsistent Customer terms do not modify these Terms unless expressly signed or portal-accepted by Company.
If any provision is held invalid, illegal, or unenforceable, the remaining provisions remain in effect and the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving the original intent as closely as possible.
No waiver is effective unless in writing and signed by Company. No failure or delay by Company to exercise any right waives that right. Company may assign these Terms in connection with merger, acquisition, sale of assets, financing, reorganization, corporate restructuring, or by operation of law. Customer may not assign these Terms without Company's written consent.
There are no third-party beneficiaries except Company affiliates, owners, officers, directors, managers, members, employees, contractors, subcontractors, agents, representatives, successors, assigns, licensors, Third-Party Providers, payment processors, carriers, and vendors protected by disclaimers, limitations, indemnities, and defense rights in these Terms.
Force majeure events include events outside Company's reasonable control, including acts of God, war, terrorism, civil unrest, labor issues, pandemics, epidemics, government actions, regulatory actions, court orders, provider outages, telecommunications outages, carrier actions, AI provider outages, cloud outages, payment processor outages, email provider outages, SMS provider outages, DNS failures, internet failures, utility failures, cyberattacks, ransomware, denial-of-service attacks, zero-day vulnerabilities, data center incidents, supply chain failures, and events affecting Third-Party Providers. Company is not liable for delay or failure caused by such events.
42. Supplemental Policy Exhibits
The following supplemental policy concepts are fully incorporated into these Terms and are included here to make this document self-contained. They replace the need for separate public addendum documents unless Company later chooses to publish supplemental versions.
Telecommunications Resource Authorization: Customer authorizes Company to procure, purchase, register, verify, configure, assign, maintain, renew, migrate, suspend, reclaim, port, release, or terminate Telecommunications Resources for Customer, including through Company accounts, Company identity verification, Company representative information, Company provider accounts, and Company-controlled administrative workflows. Customer remains fully responsible for all use.
Campaign Compliance Certification: Each platform action is a certification that Customer has lawful authority, all required consents, all required opt-out processes, all required suppression controls, all required DNC scrubbing, all required disclosures, all required recording notices, and all required legal approvals for each Campaign.
Acceptable Use Policy: Customer may not use CCS for illegal, deceptive, abusive, malicious, high-risk, emergency, unauthorized, or provider-prohibited purposes. Customer must stop campaigns immediately when complaints, consent disputes, legal concerns, provider flags, regulatory issues, or risk indicators arise.
Data Processing Terms: Customer instructs Company to process Customer Data to provide CCS, support Customer, administer resources, send notices, bill Customer, detect abuse, secure the platform, improve services, train and evaluate AI as permitted, comply with law, and defend claims. Customer remains responsible for lawful basis, notices, consent, data rights, and regulated data classification.
Regulated Data Terms: Customer may not use CCS for PHI, sensitive health data, children's data, biometric data, government identifiers, education records, consumer credit data, legal privileged data, or similar regulated data unless Customer has determined the use is lawful and all required agreements and safeguards are in place.
Enterprise Terms: Legal review, procurement review, security review, questionnaires, demos, pilots, proof-of-concepts, enterprise negotiations, integrations, or custom implementations do not reduce Customer's responsibility for Campaign compliance, Telecommunications Resources, consent, DNC, opt-outs, privacy, scripts, prompts, email, SMS, or use of CCS. Any deviation from these Terms must expressly identify the section being modified and must be signed or portal-accepted by Company.
43. Implementation Checklist for Account Creation Checkbox and Evidence Logs
Company should present these Terms and the Privacy Policy through website footer links and inside the account creation flow. The account creation checkbox should be unchecked by default and should require affirmative action before the account can be created or activated.
Recommended checkbox language: I certify that I am authorized to bind the Customer and that Customer accepts the Call Center Sync Master Terms of Service and Incorporated Platform Policies and the Call Center Sync Privacy Policy. I understand that CCS may procure, verify, configure, assign, and manage telecommunications resources on Customer's behalf, including resources provisioned through Company-controlled administrative accounts, Company identity verification, Company provider accounts, or Company representative information, and Customer remains solely responsible for all communications, campaigns, consents, compliance, fees, and use of those resources.
Recommended evidence fields include email address used to create account, business name, user name if available, role or authority checkbox, IP address, timestamp with timezone, document names, document versions, document URLs or hashes, checkbox text, button text, account ID, workspace ID, Campaign ID if applicable, phone numbers provisioned if applicable, payment method token if applicable, prompt version, script version, cadence version, blackout setting version, and legal notice email.
Company should retain acceptance logs for the longer of seven years, the life of the account plus seven years, the duration of any dispute, any provider requirement, any legal requirement, or any litigation, arbitration, investigation, complaint, enforcement matter, or chargeback period.
44. Contact and Legal Notices
Legal, privacy, compliance, billing, and platform notice questions may be sent to legal@callcentersync.com unless Company publishes or provides a different contact method. Customer remains responsible for all time-sensitive compliance, billing, cancellation, opt-out, DNC, legal, operational, and provider obligations even if Company does not respond before a deadline.
Company may use account email addresses, legal notice contacts, billing contacts, administrators, in-app notices, dashboard notices, website posting, SMS, or other electronic methods for notices. Customer is responsible for keeping contact information current and ensuring notices reach the appropriate internal personnel.
45. Detailed Compliance Responsibility Matrix
The following matrix is intended to make Customer responsibility clear. If any item in the matrix is involved in a Campaign, Customer is responsible for it unless a signed agreement expressly states otherwise. Company may provide software tools that allow Customer to configure or document these items, but the existence of a tool does not transfer responsibility to Company.
Issue
Responsible Party
Clarification
Contact list legality
Customer
Company does not validate lawful collection, opt-in, or use.
Consent to call, text, email, or record
Customer
Customer must maintain proof sufficient for legal defense.
DNC and opt-out suppression
Customer
Customer must configure and honor all suppression rules.
Scripts, prompts, and disclosures
Customer
Customer must review and approve all content and AI instructions.
Call timing, cadence, blackout rules
Customer
Defaults are operational starting points, not legal advice.
Phone numbers and caller ID use
Customer
Company may provision resources administratively, but Customer owns use risk.
Use of Company identity for provider verification
Customer for resulting Campaigns
Administrative verification does not transfer campaign liability to Company.
AI output accuracy and compliance
Customer
Customer must test, supervise, review, and stop workflows when needed.
Email content and unsubscribe handling
Customer
Customer is the sender and compliance owner for Customer-directed emails.
SMS content and stop handling
Customer
Customer is the sender and compliance owner for Customer-directed messages.
Regulated industry use
Customer
Customer must obtain legal review and required licenses or approvals.
Customer system changes based on support suggestions
Customer
Support comments are informational and not guarantees or professional advice.
Provider outages, blocking, filtering, and policy changes
Third-Party Provider or Customer risk
Company does not control provider actions.
Payment, taxes, chargebacks, and pass-through costs
Customer
Customer authorizes recurring billing and reimbursement.
Investigation and complaint response caused by Customer use
Customer
Customer reimburses Company and indemnifies protected parties.
46. TCPA, Artificial Voice, Robocall, and Telemarketing Responsibility
Customer is responsible for determining whether each call, text message, AI voice interaction, prerecorded voice interaction, artificial voice communication, automated communication, or follow-up requires prior express consent, prior express written consent, an established business relationship, a transactional exemption, an informational exemption, written permission, prior notice, a specific disclosure, or another legal basis.
Customer acknowledges that AI-generated voice technologies, synthetic voice technologies, cloned voice technologies, speech synthesis technologies, prerecorded messages, and artificial voice technologies may be regulated as artificial or prerecorded voice communications. Customer must not assume that an AI-generated call is exempt merely because the AI responds dynamically or because Company provides the software.
Customer must maintain proof of consent in a format sufficient to defend Customer, Company, carriers, providers, and payment processors against claims, demand letters, regulatory inquiries, and litigation. Proof should include the exact consent language, date, timestamp, source, IP address if applicable, form version, website URL if applicable, relationship to the consumer, opt-in method, campaign purpose, and scope of consent.
Company does not validate whether a consent record covers a specific call, text, email, product, service, affiliate, brand, phone number, AI voice, time period, jurisdiction, disclosure, or campaign purpose. Customer must obtain counsel review when needed.
47. Do Not Call, Opt-Out, Suppression, Revocation, and Contact Governance
Customer must maintain and honor all applicable national, state, internal, company-specific, campaign-specific, channel-specific, and provider-specific do-not-call, unsubscribe, stop, opt-out, suppression, revocation, consent withdrawal, and restricted-contact lists. Customer may not use CCS to bypass any opt-out, unsubscribe, stop request, DNC request, suppression list, blacklist, carrier block, or provider restriction.
Customer is responsible for configuring workflows to recognize and honor opt-out instructions, including verbal opt-outs, keypad opt-outs, SMS stop requests, email unsubscribe requests, direct complaints, support requests, customer service requests, legal notices, and other revocation signals. If CCS provides tooling to assist with opt-outs, Customer must still verify that the workflow is operating correctly for Customer's use case.
Customer must promptly stop communications to any person who revokes consent, disputes consent, asks not to be contacted, threatens legal action, complains to a carrier or regulator, or otherwise communicates that further contact may be unwelcome or unlawful. Customer may not continue contact merely because CCS technically allows the contact to remain in a list.
Company may suspend a Campaign, account, number, email function, SMS function, or workflow if opt-out issues, complaint patterns, DNC issues, or suppression failures appear likely. Company does not need to prove an actual legal violation before acting.
48. Call Recording, Transcripts, Monitoring, and Disclosure Responsibility
Customer is solely responsible for determining whether calls, voice sessions, AI interactions, recordings, transcriptions, summaries, analytics, monitoring, quality review, or call scoring require one-party consent, all-party consent, customer notice, employee notice, script disclosures, beep tones, written policies, website notices, privacy notices, or other requirements.
Customer must configure recording notices and scripts lawfully. If an AI voice, employee, agent, or workflow records, transcribes, summarizes, analyzes, stores, or reviews a communication, Customer must ensure the recipient received all legally required disclosures and provided all legally required consent.
Company may store, process, analyze, summarize, review, use, preserve, disclose, or produce recordings, transcripts, summaries, call logs, AI outputs, and related metadata as described in these Terms and the Privacy Policy. Customer is responsible for informing recipients and obtaining consent for that processing where required.
Company does not guarantee the accuracy, completeness, admissibility, availability, or legal sufficiency of recordings, transcripts, summaries, or logs. Customer should maintain its own records where required for compliance or defense.
49. Lead Source, List Acquisition, and Data Provenance
Customer is solely responsible for the origin, provenance, legality, accuracy, currency, consent status, and authorized use of all contacts, leads, phone numbers, email addresses, CRM records, imported files, web form submissions, customer lists, purchased lists, scraped lists, referral lists, trade show lists, partner lists, and other data uploaded to or used with CCS.
Customer may not upload or use contact data obtained by deception, scraping, harvesting, dictionary attacks, unlawful purchase, unauthorized sharing, breach of contract, breach of privacy policy, breach of platform rules, breach of confidentiality, or any method that does not provide a lawful basis for Customer's intended communication.
If Customer uses a purchased list, lead provider, marketing agency, affiliate, broker, referral partner, website vendor, CRM provider, or data enrichment provider, Customer remains responsible for confirming that the provider lawfully obtained the data and that Customer may lawfully use it for the exact Campaign and channel at issue.
Company may request lead-source records at any time. Customer's inability or refusal to produce such records is sufficient grounds for suspension, termination, preservation of records, provider notice, and indemnification.
50. Script, Prompt, Disclosure, and AI Instruction Governance
Customer must review, approve, and maintain version history for all scripts, prompts, disclosures, objection handling logic, AI instructions, knowledge base content, system prompts, prompt variables, call flows, email templates, SMS templates, voicemail templates, follow-up messages, and call summaries used in or generated by Customer Campaigns.
Customer is responsible for ensuring that scripts and prompts do not make false, misleading, deceptive, unfair, unsupported, unlicensed, unauthorized, discriminatory, regulated, or unlawful claims. Customer must ensure that required disclosures are made clearly, conspicuously, and at the legally required time.
Customer understands that modifying a prompt, script, knowledge base, campaign objective, lead list, product description, compliance disclosure, opt-out instruction, or cadence may materially change legal risk. Customer must re-review and re-certify compliance after material changes.
Company may provide default scripts, prompt examples, implementation examples, templates, sample wording, or AI configuration suggestions. Those items are examples only. They are not legal advice, compliance advice, representations that a Campaign is lawful, or guarantees that required disclosures are sufficient.
51. Cadence, Timing, Time Zone, Frequency, and Blackout Responsibility
Customer controls and is responsible for all cadence settings, call timing, email timing, SMS timing, blackout windows, time-zone logic, retry logic, ring duration, follow-up sequence, frequency caps, business hours, weekend behavior, holiday behavior, abandoned call handling, voicemail handling, and workflow pacing.
If CCS includes default cadence settings, default blackout windows, default time-zone logic, or default retry behavior, those defaults are operational starting points only. They are not legal recommendations. Customer must configure them for Customer's industry, geography, recipient type, Campaign purpose, and legal obligations.
Customer is solely responsible for avoiding unlawful call times, excessive call frequency, repeated or continuous calling, annoying or abusive contact patterns, unlawful weekend or holiday contact, and failure to account for recipient time zones. Company is not responsible for Customer's failure to configure or verify these settings.
Company may throttle, pause, suspend, or terminate Campaigns that appear to create cadence, complaint, frequency, call abandonment, consumer harm, carrier, provider, or reputational risk.
52. Number Reputation, Caller ID, Call Labeling, and Deliverability
Customer understands that telephone number reputation, caller ID display, spam labeling, scam labeling, call blocking, carrier analytics, terminating carrier treatment, device-level labeling, answer rates, email inbox placement, SMS deliverability, and provider filtering are affected by many factors outside Company's control.
Customer is solely responsible for using numbers, domains, sender identities, caller IDs, and messaging resources in a lawful, accurate, truthful, non-deceptive, low-complaint, reputation-protective manner. Customer may not spoof, misrepresent, conceal, or manipulate identity except where expressly lawful and permitted by providers.
Company does not guarantee that a phone number will display a preferred name, avoid spam labels, avoid blocking, maintain reputation, remain available, be portable, reach recipients, or continue functioning. Company does not guarantee email deliverability, inbox placement, open rates, click rates, bounce rates, SMS deliverability, or recipient engagement.
If Customer activity harms or may harm number reputation, domain reputation, email reputation, SMS reputation, provider relationships, carrier relationships, or Company brand, Company may reclaim resources, rotate resources, suspend workflows, decline support, terminate service, or require additional verification at Customer's expense.
53. SMS, Messaging, Short Code, Long Code, and Messaging Provider Terms
If CCS supports SMS, MMS, messaging, short code, long code, toll-free messaging, 10DLC, chat, or similar messaging, Customer is solely responsible for campaign registration, brand registration, use case accuracy, consent, opt-in, stop handling, help handling, message content, frequency disclosure, sender identity, prohibited content, provider terms, and applicable laws.
Customer may not send or enable messages that violate provider rules, carrier rules, CTIA guidelines, TCPA, state messaging laws, privacy laws, consumer protection laws, industry rules, or these Terms. Customer must ensure that any required opt-in record covers the specific message type and use case.
Company may suspend messaging functionality for suspected spam, high opt-out rates, high complaint rates, carrier rejection, provider rejection, registration failure, inaccurate use-case registration, prohibited content, or reputational risk.
54. Email Sending, Domain Authentication, CAN-SPAM, and Unsubscribe Controls
Customer is responsible for all commercial email requirements, including accurate header information, non-deceptive subject lines, truthful content, required identification of advertising where applicable, valid physical postal address where required, working unsubscribe mechanisms, prompt honoring of opt-outs, suppression list maintenance, and restrictions on using opt-out lists for any purpose other than compliance.
Customer is responsible for domain authentication, sender identity, SPF, DKIM, DMARC, DNS records, mailboxes, reply handling, bounce handling, complaint handling, unsubscribe links, suppression logic, and ensuring that email recipients receive required privacy notices.
Company may collect and process email delivery data, including sender, recipient, subject, timestamps, delivery status, bounce status, suppression status, complaint events, unsubscribe events, link events, open events where available, provider logs, IP addresses, device information, and related metadata for delivery, security, compliance, analytics, support, evidence, and abuse prevention.
Company may suspend email sending, domains, templates, workflows, accounts, or provider access if email activity may cause blocklisting, spam complaints, legal risk, deliverability harm, provider risk, security risk, or reputational harm.
55. Customer's Customers, Consumers, Recipients, and Third-Party Claims
Customer acknowledges that Customer's customers, prospects, leads, employees, contractors, vendors, patients, clients, subscribers, recipients, consumers, and other third parties may complain to Company, carriers, providers, regulators, attorneys, payment processors, or the public regarding communications sent through CCS.
Company may respond to such third parties in a manner Company determines appropriate, including by confirming that Customer controls the Campaign, directing the complainant to Customer, preserving records, suspending activity, disclosing relevant data, blocking numbers, blocking email functions, or cooperating with providers or regulators.
Customer is solely responsible for all claims by Customer's customers and recipients arising from calls, texts, emails, recordings, AI outputs, disclosures, products, services, appointments, sales activity, marketing claims, customer service activity, privacy requests, consent disputes, opt-out disputes, and complaint handling.
56. Customer Compliance Program and Internal Controls
Customer must maintain a compliance program appropriate for Customer's use of CCS. Such program should include written policies, consent collection procedures, opt-out procedures, DNC scrubbing procedures, suppression list procedures, call recording procedures, script review procedures, prompt review procedures, employee training, access controls, complaint escalation, legal review, vendor review, and record retention.
Company may require Customer to provide evidence of a compliance program as a condition of continued use. Company may require additional certifications, written attestations, insurance evidence, legal opinions, provider registrations, or operational changes for high-risk usage.
Customer's failure to maintain a reasonable compliance program is a material risk factor and may independently justify suspension or termination even if Company has not identified a specific unlawful communication.
57. Marketing Materials, Demonstrations, Sales Statements, and No Reliance
Customer acknowledges that it has not relied on any statement, presentation, demo, marketing material, website content, sales call, proposal, estimate, forecast, projection, case study, testimonial, ROI calculation, performance statement, roadmap, support response, implementation discussion, or verbal statement except those expressly stated in these Terms or a signed agreement.
No sales statement, demo, marketing material, or support communication guarantees leads, appointments, conversions, call answer rates, cost savings, staff reduction, revenue increase, profitability, compliance, deliverability, uptime, AI accuracy, or suitability for Customer's industry.
If any Company representative makes a statement inconsistent with these Terms, these Terms control unless Company signs a written amendment expressly referencing the inconsistent statement and stating that it modifies these Terms.
58. Availability, Downtime, Maintenance, and No Service Level Agreement
CCS may be unavailable, delayed, degraded, limited, or interrupted due to maintenance, updates, provider outages, AI issues, telecommunications issues, email issues, SMS issues, internet issues, cloud issues, security events, rate limits, provider policies, regulatory issues, payment issues, customer configuration, or other causes.
Company does not provide a service level agreement, uptime commitment, response time commitment, restoration time commitment, support time commitment, or availability guarantee unless a signed agreement expressly provides one. Any listed support response times or informal estimates are targets only and not binding commitments.
Company may perform maintenance, upgrades, migrations, provider changes, security changes, emergency patches, and platform changes without prior notice when Company determines it is appropriate.
59. Security Incidents, Cyber Events, and Customer-Side Risk
Company will use commercially reasonable efforts to secure CCS, but Customer acknowledges that no software, network, AI system, telecommunications system, email system, cloud service, payment system, or internet-connected system can be guaranteed completely secure.
Company is not liable for ransomware, malware, phishing, social engineering, credential compromise, Customer device compromise, Customer email compromise, Customer DNS errors, Customer domain compromise, Customer integration vulnerabilities, third-party compromise, zero-day vulnerabilities, provider incidents, internet failures, state-sponsored attacks, DDoS attacks, or events beyond Company's reasonable control.
Customer must promptly notify Company of suspected unauthorized access, credential compromise, data misuse, security incidents, suspicious Campaign activity, payment compromise, domain compromise, or communications abuse involving CCS. Customer is responsible for mitigation on Customer systems and for legally required notices relating to Customer Data unless a signed agreement states otherwise.
60. Insurance, Financial Responsibility, and Credit Risk
Company may require Customer to maintain cyber liability, technology errors and omissions, media liability, commercial general liability, professional liability, privacy liability, or other insurance in amounts acceptable to Company, especially for high-volume campaigns, regulated industries, enterprise deployments, or use cases that present elevated risk.
Customer remains financially responsible for claims, penalties, provider charges, regulatory costs, investigation costs, defense costs, settlement costs, indemnity obligations, chargebacks, and payment obligations regardless of insurance availability, coverage denial, deductible, retention, policy limits, or insurer position.
Company may require deposits, prepayment, credit card authorization, ACH authorization, reserve amounts, spending limits, reduced limits, manual review, personal guaranty, or other financial protections when Company determines Customer presents payment, chargeback, usage, regulatory, or provider risk.
61. Government Use, Public Sector, and Procurement Terms
If Customer is a government entity, contractor, public institution, school, public agency, or entity subject to public procurement rules, Customer represents that it has authority to accept these Terms and that these Terms do not violate applicable procurement rules. Customer must not use CCS until any required approvals, public records analysis, data processing terms, accessibility review, security review, or legal review is complete.
Government or procurement terms provided by Customer do not apply unless expressly accepted in a signed writing by Company. Purchase orders, procurement portals, vendor onboarding forms, or standard terms do not modify these Terms.
62. Export Controls, Sanctions, Anti-Corruption, and Restricted Parties
Customer may not use CCS in violation of export control laws, sanctions laws, anti-corruption laws, anti-bribery laws, anti-money laundering laws, or restricted party rules. Customer represents that it is not located in, organized under the laws of, or ordinarily resident in a sanctioned jurisdiction, and that it is not a restricted party.
Customer may not use CCS to contact sanctioned persons, facilitate illegal transactions, deceive consumers, launder funds, evade laws, or support unlawful activity. Company may suspend or terminate access if restricted party, sanctions, export, corruption, fraud, or financial crime risk appears likely.
63. Data Backup, Data Export, and Customer Continuity Planning
Customer is responsible for maintaining its own copies of Customer Data, consent records, lead source records, opt-out records, DNC records, scripts, prompts, compliance approvals, reports, recordings, transcripts, billing records, and other materials needed for business continuity, compliance, litigation, or operations.
Company may provide export tools, but export availability is not guaranteed unless a signed agreement expressly says so. Company may restrict exports during nonpayment, suspension, investigation, security risk, provider restriction, legal hold, or other circumstances Company determines appropriate.
Customer must maintain its own continuity plans for communications, customer service, sales, marketing, and compliance. CCS is not a substitute for Customer's backup systems, compliance files, legal records, or business continuity planning.
64. No Implied Approval by Access, Support, Billing, or Non-Enforcement
Company's provision of access, acceptance of payment, issuance of invoices, creation of an account, provisioning of numbers, assistance by support, successful completion of a wizard, successful delivery of calls, successful delivery of emails, lack of suspension, lack of complaint, or failure to enforce a provision does not mean Company approved Customer's use, waived any right, certified compliance, assumed responsibility, or agreed that Customer's Campaign is lawful.
Company may enforce these Terms selectively, at different times, and based on risk. No delay, omission, partial enforcement, courtesy support, goodwill credit, or informal communication waives Company's rights.
65. Additional Protective Interpretation Rules
These Terms should be interpreted to allocate maximum lawful responsibility for Customer use, Customer Data, Customer Campaigns, Customer communications, Customer recipients, and Customer compliance to Customer, and maximum lawful protection, discretion, flexibility, and enforcement rights to Company.
Any ambiguity regarding whether Company or Customer is responsible for Customer's Campaign decisions, communications, contacts, consents, opt-outs, DNC, scripts, prompts, AI instructions, email content, SMS content, call timing, regulated data, or industry compliance shall be resolved in favor of Customer responsibility unless applicable law prohibits that interpretation.
Headings are for convenience only and do not limit the scope of any provision. Examples are illustrative and do not limit broad language. Words such as including, include, such as, and for example mean including without limitation.
66. Final Customer Acknowledgment
By using CCS, Customer acknowledges that the platform provides tools and administrative setup capabilities, but Customer controls its own communications and remains responsible for every Customer Campaign. Customer accepts that Company may provision or verify resources using Company information for operational convenience, but Customer remains responsible for all use of those resources. Customer accepts the no refund terms, post-trial pricing conversion, annual commitment framework, AI disclaimers, data rights, suspension rights, limitation of liability, arbitration, class action waiver, jury trial waiver, and indemnification obligations described in these Terms.
This document is intended to be the public Terms of Service document linked in the website footer and account creation flow. The separate Privacy Policy should be linked next to it. The annual Subscription Agreement should be presented separately when Customer is offered the annual comm