Terms and Conditions

1. Acceptance of Terms

By accessing and using Callivate's services, including our AI voice agent platform, website, and related services (collectively, the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use our Service.

We reserve the right to modify these Terms at any time. Your continued use of the Service after any such modifications constitutes your acceptance of the modified Terms.

2. Description of Service

Callivate provides an AI-powered voice agent platform that enables businesses to:

• Handle customer inquiries and interactions via voice calls
• Provide real-time information about products, services, and inventory
• Schedule appointments and manage bookings
• Send automated SMS and email communications
• Integrate with third-party services such as calendars and communication platforms

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. User Accounts and Registration

To access certain features of the Service, you may be required to register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if you provide false, inaccurate, or incomplete information, or if you violate these Terms.

4. Use of Service

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
• Transmit any material that is abusive, harassing, defamatory, obscene, or otherwise objectionable
• Impersonate or attempt to impersonate Callivate, a Callivate employee, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
• Use the Service to send spam, unsolicited messages, or any form of automated communication
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service
• Use any robot, spider, or other automatic device to access the Service for any purpose
• Introduce any viruses, trojan horses, worms, or other harmful material

4.2 Prohibited Activities

You are expressly prohibited from:

• Reverse engineering, decompiling, or disassembling any part of the Service
• Removing or altering any copyright, trademark, or other proprietary notices
• Using the Service to compete with Callivate or to build a similar or competitive service
• Scraping, harvesting, or collecting information from the Service without authorization

5. SMS and Communication Services

By providing your phone number, you consent to receive SMS messages from Callivate, including:

• Appointment confirmations and reminders
• Service-related notifications
• Account updates and security alerts
• Marketing communications (where you have opted in)

Message and Data Rates: Standard message and data rates may apply as determined by your mobile carrier. You are responsible for any charges incurred.

Opt-Out: You can opt-out of receiving SMS messages at any time by replying "STOP" to any message or by contacting us directly. After opting out, you may receive one final confirmation message.

Carrier Limitations: We are not liable for delayed or undelivered messages. Message delivery is subject to your carrier's network availability and policies.

6. Appointments and Bookings

When you schedule an appointment or booking through our Service:

• You agree to provide accurate and complete information
• You are responsible for attending scheduled appointments or canceling them in a timely manner
• We reserve the right to cancel or reschedule appointments due to unforeseen circumstances
• Appointment availability is subject to the policies of the business or service provider you are booking with
• We are not responsible for the quality of services provided by third-party businesses

Cancellation policies may vary depending on the service provider. Please review the specific cancellation terms when booking.

7. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by Callivate and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, distribute, sell, or lease any part of the Service
• Reverse engineer or attempt to extract the source code of the Service
• Remove, obscure, or alter any proprietary notices or labels
• Use Callivate's trademarks, logos, or brand features without prior written permission

You retain ownership of any content you submit to the Service, but by submitting content, you grant Callivate a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content for the purpose of providing and improving the Service.

8. Third-Party Services and Integrations

The Service may integrate with or link to third-party services, including but not limited to:

• Calendar services (e.g., Cal.com, Google Calendar)
• Communication platforms (e.g., Twilio)
• Payment processors
• Analytics and monitoring services

Your use of third-party services is subject to the terms and conditions and privacy policies of those third parties. Callivate is not responsible for the availability, accuracy, or practices of third-party services.

We do not endorse and are not responsible for any content, advertising, products, or other materials on or available from third-party services.

9. Disclaimers and Limitations of Liability

9.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service is free of viruses or other harmful components
• The results obtained from using the Service will be accurate or reliable

9.2 Limitation of Liability

To the maximum extent permitted by law, Callivate and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or use
• Business interruption
• Personal injury or property damage
• Errors or omissions in the Service
• Any damages resulting from your use or inability to use the Service

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to Callivate in the twelve (12) months preceding the claim, or $100, whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless Callivate and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any third-party right, including any intellectual property or privacy right
• Any content you submit, post, or transmit through the Service

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and all associated data
• All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

You may terminate your account at any time by contacting us at the information provided below.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Callivate operates, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through:

• Good faith negotiations between the parties
• If negotiations fail, binding arbitration in accordance with applicable arbitration rules
• If arbitration is not available, in the courts of competent jurisdiction

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

14. Severability

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. The invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Callivate regarding the use of the Service and supersede all prior agreements and understandings, whether written or oral.

16. Waiver

No waiver by Callivate of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Callivate to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us: