EFFECTIVE DATE

CallFlowLabs
Terms of Service

These Terms of Service ("Terms," "Agreement") are an agreement between CallFlowLabs ("CallFlowLabs," "We," "us") and the person (natural or legal) ("You," "Customer") and govern Your use of CallFlowLabs' AI call agent setup and implementation services ("Services"). Your use of the Services is conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein, including but not limited to CallFlowLabs' Privacy Policy (the "Privacy Policy"), as amended from time to time.

If You are accessing or using the Services on behalf of Your company, You certify that You have the authority to accept this Agreement on behalf of it. By signing up, accessing, or using the Services, You acknowledge Your acceptance of this Agreement and consent to be bound by its terms and conditions. Violations of these Terms may result in termination of Service and legal action against You.

Do not use the Services if You do not agree to the Terms or if Your jurisdiction will not honor them. Persons under the age of 21 are not authorized to use the Services.

1. Our Services

1.1. AI Call Agent Implementation Services: CallFlowLabs is a service provider that enables You to implement AI call agent solutions for Your business operations. Our services include custom AI agent development, voice personality selection, workflow automation, knowledge base integration, system configuration, and ongoing optimization for applications such as customer service, outbound sales calls, appointment scheduling, lead qualification, and information gathering.

1.2. Professional Services: Beyond the standard implementation support, CallFlowLabs offers customized professional services which include personalized consultations, advanced workflow automation, complex system integrations, optimization strategies, and ongoing maintenance services, tailored to Your specific business needs. Please contact us with any questions or requests, and a member of our team will help You choose the services and solutions that will be most suitable to meet Your needs.

2. Payment Terms

If you register for any of our recurring payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges, and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide CallFlowLabswith a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Premium plan. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. By providing CallFlowLabswith your credit card number and associated payment information, you agree that CallFlowLabsis authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to CallFlowLabshereunder and that no additional notice or consent is required. You agree to immediately notify CallFlowLabsof any change in your billing address or the credit card used for payment hereunder. CallFlowLabsreserves the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization’s administrator(s).

Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.

No contract will exist between you and CallFlowLabsfor the Service until CallFlowLabsaccepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

You are responsible for any third-party fees that you may incur when using the Service.

3. Acceptable Use Policy

3.1. In General: CallFlowLabs' Acceptable Use Policy constitutes an integral part of these Terms and is designed to prevent fraud and abuse of the Services and facilitate compliance with applicable laws among our Customers. Our goal is to protect the integrity of all related systems for the benefit of all customers and partners and prevent any illegal conduct with the use of our Services and systems. Any use of the Services or any other action that disrupts the integrity of any CallFlowLabs system or service and/or any vendor system or service, whether directly or indirectly, is strictly prohibited and could result in immediate termination of the Services.

You agree that You will not use the Services in ways that violate laws, infringe the rights of others, or interfere with the users or equipment of the Services. You shall use the Services only for lawful purposes. CallFlowLabs reserves the right to immediately terminate Your Services if, in our sole and absolute discretion, CallFlowLabs determines that You have used the Services for an unlawful purpose, including, but not limited to, violating CallFlowLabs' Know-Your Customer requirements.

You shall not use the Services in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or constitutes any similar behavior.

3.2. Telemarketing Compliance: You must not use the Services in violation of the applicable laws governing the making and sending of calls and text messages. Relevant laws and regulations include, but are not limited to, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Telephone Consumer Protection Act (TCPA), and the rules promulgated by the Federal Communications Commission pursuant to the TCPA, the Federal Trade Commission (FTC) Act, the FTC's Telemarketing Sales Rule (TSR) and the Do-Not-Call (DNC) registry, state telemarketing laws and federal and state anti-wiretapping or eavesdropping laws.

Among other things, these laws and regulations may:

  • Require You to obtain the prior express consent for auto-dialed or prerecorded calls or texts sent or made from the called party;
  • Require documentation or other support of such consent (which may be required in writing for certain types of calls);
  • Prohibit altering the caller ID information transmitted with a call or text with the intent to defraud, cause harm, or wrongfully obtain anything of value;
  • Require You to include an automated interactive telemarketing opt-out mechanism available at the outset of the message for prerecorded messages;
  • Require You to include a disclosure of AI voice use at the beginning of the call;
  • Require You to notify parties to the call that their call is being recorded, and, in some cases, seek prior express consent to the call recording and disclose the use of third-party vendors for call analytics;
  • Prohibit making certain types of calls before 8 a.m. or after 9 p.m. at the called party's location;
  • Prohibit calling a number on the national, state, or organization-specific do-not-call registry.

If consumer consent is required under the applicable laws to place calls using CallFlowLabs' AI agent technology, Customer is required to document proof of the required level of consent of each consumer who the Customer contacts. Such documentation must be preserved for at least the minimum amount of time prescribed by the applicable law, but in any case, it must be maintained for no less than five years. CallFlowLabs retains the right to audit Your use of our Services to ensure Your compliance with the applicable laws.

Customers using AI voice agents for outbound calls must ensure their systems are programmed to scrub phone numbers against the applicable (federal, state, and Customer-specific) Do-Not-Call (DNC) lists regularly and in no event less frequently than every 31 days.

3.3. Fraud Prevention and Rights of Publicity: You shall not use our Services to offer or otherwise make fraudulent goods, services, schemes, or promotions available to others, including make-money-fast schemes, Ponzi and pyramid schemes, or for phishing, pharming, harvesting, or similar deceptive practices.

Providing altered, deceptive, or false information about the caller's identity or a call's origin is expressly prohibited.

licenses. You must not use the voices of real people (or deceptively similar voices) without their consent, and You must not use real people's voices (or deceptively similar voices) for any purpose the relevant person has not authorized.

4. Indemnification

You agree to indemnify, defend and hold harmless CallFlowLabs, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the Services, any content created by You, Your violation of any terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. CallFlowLabs reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with CallFlowLabs in asserting any available defenses.

5. Warranty Disclaimer

THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND CALLFLOWLABS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. CALLFLOWLABS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE SERVICES' USE SHALL BE BORNE SOLELY BY CUSTOMER.

CALLFLOWLABS MAKES NO WARRANTY THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. CALLFLOWLABS IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE AI SERVICES, TELEPHONY SYSTEMS, OR THE INTERNET IN GENERAL.

CALLFLOWLABS DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH THE USE OF THE AI CALL AGENTS OR ANY DATA OR INFORMATION GENERATED THROUGH THE USE OF THE SERVICES. CUSTOMER ACKNOWLEDGES THAT AI-GENERATED RESPONSES MAY OCCASIONALLY BE INACCURATE, INAPPROPRIATE, OR CONTAIN ERRORS, AND CALLFLOWLABS WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER OR CUSTOMER'S PROPERTY RESULTING FROM SUCH AI RESPONSES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMERS FROM CALLFLOWLABS, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO CUSTOMER.

6. Limitation of Liability

CALLFLOWLABS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SOME COUNTRIES AND STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE TERMS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, THESE TERMS ONLY LIMIT OUR RESPONSIBILITIES TO THE MAXIMUM EXTENT PERMISSIBLE IN YOUR COUNTRY OF RESIDENCE.

7. Intellectual Property Rights

7.1. The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by CallFlowLabs, its licensors or other providers of such material and are protected by USA and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of CallFlowLabs, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

7.2. Customer-Generated Content: You retain ownership of any content You submit, upload, or provide to CallFlowLabs for AI training, including business information, knowledge base materials, scripts, training data, and other proprietary information ("Customer Content").

By submitting Customer Content, You grant CallFlowLabs a limited, non-exclusive, royalty-free license to use, reproduce, modify, and adapt such Customer Content solely in connection with providing the Services to You.

7.3. AI-Generated Content: The ownership and intellectual property rights to any AI-generated responses, interactions, and content created by the AI call agents in the provision of Services ("AI-Generated Content") are subject to the following terms:

  • You are granted a license to use the AI-Generated Content for Your personal or internal business purposes, subject to the restrictions outlined in these Terms.
  • CallFlowLabs does not claim ownership of ideas or information You provide as inputs for the creation of AI-Generated Content.

7.4. Feedback: If You provide CallFlowLabs with any feedback, suggestions, or ideas regarding the Services ("Feedback"), You grant CallFlowLabs a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Services without any obligation to compensate You.

7.5. Third-Party Intellectual Property: The Services may incorporate third-party intellectual property, including AI models, telephony services, and other technologies. CallFlowLabs does not claim ownership of such third-party content, and You agree to comply with any applicable third-party terms and conditions.

7.6. Trademarks: All trademarks, service marks, and trade names used on or in connection with the Services are the property of their respective owners. You may not use any trademarks, service marks, or trade names appearing in the Services without the owner's prior written consent.

You grant CallFlowLabs the right to identify You as a customer of the Services, using Your Marks in CallFlowLabs' marketing materials and case studies, subject to Your prior written approval. For the duration of the Agreement, You grant CallFlowLabs a non-exclusive, royalty-free license to use Your Marks in connection with any marketing, promotion, or advertising of CallFlowLabs or the Services.

8. Call Recording and Third-Party Vendors

CallFlowLabs does not save or store call recordings from Your AI call agent interactions. However, third-party services integrated with Your AI agents (such as telephony providers, CRM systems, or analytics platforms) may record calls according to their own policies and terms of service. You remain fully responsible for compliance with all applicable call recording notification requirements and consent laws. You must ensure that appropriate disclosures are made to call participants regarding any recording by third-party services, and You agree to comply with all federal, state, and local laws governing call recording and privacy. laws.

9. DMCA Policy

CallFlowLabs respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
  • Your contact information, including Your address, telephone number, and an email address
  • A statement by You that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
  • A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the copyright owner

10. Modifications to Terms

CallFlowLabs reserves the right to modify these Terms at any time in its sole discretion. Updated versions of the Terms will be provided to customers via email and are effective immediately upon notice for new engagements, and upon renewal for existing service agreements. Your continued use of the Services after any such changes constitutes Your acceptance of the new Terms.

The most current version of the Terms will supersede all previous versions. CallFlowLabs encourages You to periodically review the Terms to stay informed of our updates.

11. Dispute Resolution

11.1. This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR CallFlowLabs’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and CallFlowLabs concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

11.2. In the event of a dispute, you or CallFlowLabs must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via the Contact Us form. CallFlowLabs will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and CallFlowLabs will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or CallFlowLabs may commence arbitration.

11.3. If you and CallFlowLabs don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

13. Assignment

You may not transfer or assign this Agreement or any of Your rights or obligations under it, by operation of law or otherwise, without our prior written consent. We may transfer or assign all or part of this Agreement or Your debts to us without notice. Upon our transfer or assignment of this Agreement, CallFlowLabs shall be released from all liability with respect to this Agreement.

14. Force Majeure

Neither party shall be liable for any default or delay in the performance of its obligations hereunder (excluding any payment obligations) if and to the extent that such default or delay arises out of causes beyond their reasonable control, including, without limitation, acts of God, including weather-related phenomenon, earthquakes, and floods; fires; acts of war or terrorism; civil disorders, including riots, rebellions, and insurrections; labor disputes, including strikes, lockouts, and work stoppages; medical emergencies, including pandemics and quarantine restrictions; network problems, including cable cuts, power outages, network failures, and computer viruses; and any other catastrophes, national emergencies, or government orders or acts. The time for any performance required hereunder shall be extended by the delay incurred as a result of such force majeure event, and if either party is unable to perform as a result of such event, it shall act with diligence to correct or mitigate such event.

15. Enforcement and Waiver

CallFlowLabs has the right, but not the obligation, to monitor, investigate, restrict, enforce, bring civil litigation, press charges, or engage in any other self-help regarding any actual, attempted, or suspected violation of this Agreement. CallFlowLabs will determine, in its sole discretion, whether You violated or attempted to violate any of the provisions of this Agreement or the Acceptable Use Policy. If we determine or suspect that You violated or attempted to violate this Agreement, we may terminate, suspend, modify, or limit Your Services. Additionally, we may report actual or suspected criminal offenses to appropriate law enforcement authorities. CallFlowLabs will cooperate with law enforcement investigations where criminal activity is suspected, and You agree to cooperate with any such investigations. Any waiver of or failure to enforce any provision or prohibition in this Agreement in one instance shall not be construed as a waiver of any provision or right in another instance.

16. Contact Us

If You have any questions, concerns, comments, or complaints regarding Your Services, Your bill, or this Agreement, please get in touch with CallFlowLabs Customer Service using the Contact Us form

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