Terms of Service

1. Definitions

"Calltify" refers to www.calltify.com and its directors, officers, employees, agents, and affiliates. "You" or "Your" refers to any user of the Service (as defined below).

2. Description of Service

Calltify provides an artificial intelligence phone calling system and related services (collectively, the "Service"). Your use of the Service is governed by these Terms of Service ("Terms").

3. Acceptance of Terms

By using the Service, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access or use the Service. These Terms expressly supersede and replace any prior agreements or understandings, written or oral, relating to the Service.

4. Modification of Terms

Calltify reserves the right, at its sole discretion, to modify these Terms, including the Privacy Policy and other policies incorporated herein, at any time and without prior notice. Your continued use of the Service after any such changes constitutes your binding acceptance of the new Terms.

5. Eligibility

You represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may not use the Service.

6. Prohibited Uses

You agree not to use the Service for any unlawful purpose or in any way that violates local, state, national, or international laws. You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations. Prohibited uses include but are not limited to:

• Criminal activities
• Malicious, fraudulent, or illegal purposes
• Infringement of Calltify or third party intellectual property rights
• Defamatory, harassing, abusive, or threatening use
• Distribution of unauthorized spam
• Transmission of viruses, malware, or other destructive code
• Gathering or transmitting personal information without consent
• Interference with service functionality or security features

7. User Content

You are solely responsible for any content you contribute, post, or transmit via the Service ("User Content"). You guarantee that your User Content complies with the Acceptable Use Policy (see below). Calltify does not claim ownership of User Content. However, by submitting User Content, you automatically grant Calltify a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to use, store, reproduce, modify, create derivative works, publish, distribute and sublicense your User Content in connection with operating and providing the Service.

8. Acceptable Use Policy

You agree not to upload, post, host, or transmit any User Content that:

• Is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, contains pornography, or racially, ethnically or otherwise objectionable
• Encourages criminal conduct or provides instructional information about illegal activities
• Infringes any third party's intellectual property or publicity rights
• Constitutes unauthorized spam or bulk communications
• Contains software viruses or malware designed to interrupt, destroy, or limit Service functionality
• Burdens infrastructure in a way that negatively impacts Service performance, including "denial of service" attacks
• Attempts to gain unauthorized access to other accounts, computer systems, or networks connected to the Service
• Uses automated means to access the Service that are not permitted by Calltify
• Collects information about Service users without obtaining consent
• Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity

Calltify has sole discretion to determine whether User Content violates this Acceptable Use Policy. Calltify may at any time remove User Content that violates this policy. Repeated violations may lead to account termination.

9. User Account

To access certain features, you may be required to register and create a user account. When you register, you agree to: (a) provide accurate, current and complete account information, (b) maintain and promptly update your information, (c) maintain the confidentiality of your login credentials, and (d) be fully responsible for all use of your account and for any actions that take place through your account, whether or not authorized by you. You may not select an inappropriate username that violates this Agreement or impersonates someone else.

10. Privacy Policy

Our Privacy Policy is incorporated into these Terms by reference. Please read the full Privacy Policy at https://www.calltify.com/privacy-policy before using the Service. The Privacy Policy governs our collection and use of your information.

12. Ownership; Proprietary Rights

The Service is owned and operated by Calltify. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, "look and feel", organization, compilation of content, code, data, and all other elements of the Service (collectively, "Materials") are owned by Calltify and are protected under the laws of India, including applicable copyright, trademark, patent, and other intellectual property laws, as well as international laws and conventions. All Materials are the copyrighted property of Calltify or its subsidiaries or affiliates under the laws of India and other applicable jurisdictions. Calltify reserves all rights not expressly granted under these Terms.

13. Feedback

If you provide Calltify with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service ("Feedback"), you hereby assign to Calltify all right, title, and interest in that Feedback, including all intellectual property rights. Calltify may use and share any Feedback without restriction or compensation to you.

14. Indemnification

You agree to fully indemnify, defend, and hold harmless Calltify from and against any and all claims, damages, liabilities, losses, investigations, inquiries, costs, and expenses (including attorneys' fees and court costs) that arise out of or result from (i) your use or misuse of the Service, (ii) your violation of these Terms, and (iii) your violation of any rights of another. Calltify reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate in that defense. You agree that the provisions in this paragraph will survive any termination of your account or the Service.

15. Disclaimers

THE SERVICE AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CALLTIFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CALLTIFY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

16. Limitation of Liability

To the maximum extent permitted under applicable law, Calltify shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the access to or use of the Service or Materials. Your sole remedy for dissatisfaction with the Service or Materials is to discontinue use of the Service. To the extent permitted by applicable law, the total and aggregate liability of Calltify for all damages, losses, and claims, whether arising in contract, tort, negligence, strict liability, or otherwise, shall not exceed INR 5000 (Five Thousand only). Certain jurisdictions may not permit the exclusion or limitation of certain liabilities; in such cases, Calltify's liability shall be limited to the maximum extent permitted under applicable law.

17. Termination

Calltify may terminate your access and use of the Service, at any time and for any reason. Calltify may suspend or terminate your account if you violate these Terms, abuse the Service, use the Service in a way not intended, commit fraud, or violate any applicable law. If your access is terminated, your account will be deactivated and you may no longer be able to access your account or any files or other content contained in the account, and Calltify will have no liability to you.

18. Governing Law

These terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

19. Modification

Calltify reserves the right, at its discretion, to change these Terms at any time. Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If any change is unacceptable to you, your sole remedy is to cease using the Service.

20. Miscellaneous

If any provision of these Terms is found unenforceable, it shall be severed without affecting enforceability of the remaining provisions. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Calltify. No person or entity not a party to these Terms is an intended third party beneficiary, and no provision hereunder confers any right or benefit to such third party. Calltify may assign its rights and obligations under these Terms.

21. Entire Agreement

These Terms constitute the entire agreement between you and Calltify with respect to the Service.

ADDITIONAL TERMS

1. Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Calltify cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Calltify customer support team.

A valid payment method, including Credit Card or UPI, is required to process the payment for your Subscription. You shall provide Calltify with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Calltify to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Calltify will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

2. Free Trial

Calltify may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Calltify until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Calltify reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

3. Fee Changes

Calltify, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Calltify will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

4. Refunds

All subscriptions and charges billed by Calltify are non-refundable. Certain refund requests for charges may be considered by Calltify on a case-by-case basis and granted in sole discretion of Calltify.

5. Service Suspension

Calltify reserves the right to immediately suspend or terminate your use of the Service if it determines that your calling activities do not comply with applicable laws or these Terms.

6. Compliance with Laws

You agree to comply with all applicable laws and regulations when using the Service, including Federal Communications Commission regulations regarding telemarketing calls, autodialed calls, prerecorded calls, and unsolicited advertisements. You will not use the Service for any unlawful purpose, including violating federal and state telemarketing laws.

7. Prohibited Uses

You may not use the Service to make any calls to emergency telephone lines, public safety answering points, health care facilities, or any service for which the called party is charged for the call. You may not use the Service to engage in spamming or other abusive calling practices. Calltify reserves the right to limit calling frequency to prevent unlawful calling activity.

8. Limitations on Use

You may only use the Service to make calls to persons who have provided prior express consent to be called or with whom you have an established business relationship, as defined under applicable law. Calltify reserves the right to request evidence of such consent or business relationship.

9. Caller ID

You must properly identify yourself on outbound calls by transmitting accurate Caller ID information for all calls. You may not block Caller ID information, use an anonymous phone number, or misrepresent the originating phone number or identity of the caller.

10. Cooperation

Calltify reserves the right to cooperate with any law enforcement authorities or regulators regarding any suspected illegal, fraudulent, or improper use of the Service. This may include disclosing information about your use of the Service and account.

11. Changes to Compliance Requirements

Calltify reserves the right to modify the Service to comply with any changes in applicable laws or regulations regarding calling practices, spam, and telemarketing. Your continued use of the Service after any such changes constitutes your acceptance. If any change is unacceptable, you must immediately cease using the Service.