Terms of ServiceTerms of Service

By creating an account or using the CallScaler platform, website, APIs, or any related services (collectively, the “Service”), you agree to these Terms of Service (“Terms”). If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms. If you do not agree, do not use the Service.

CallScaler provides a cloud-based call tracking, analytics, and lead management platform. Features include phone number provisioning and management, inbound call routing and forwarding, call recording and AI-powered transcription and analysis, dynamic number insertion (DNI) for website visitor tracking, form tracking and SMS capabilities, pay-per-call network management, white-label reselling, advertising platform integrations, and APIs for programmatic access. We may add, modify, or discontinue features at any time with reasonable notice.

You must provide accurate, complete, and current information when registering. You are responsible for safeguarding your account credentials and for all activity that occurs under your account, including activity by team members you invite. You must notify us immediately of any unauthorized access. You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service. Each account must represent a real person or business entity.

CallScaler uses a prepaid balance model. You add funds to your account, and usage charges are deducted automatically as you use the Service. Usage charges include phone number fees (monthly per number), call minutes, SMS messages, AI transcription, and other metered services at the rates displayed on your plan.

Monthly subscription fees (if applicable to your plan) are charged to your balance on a recurring 30-day cycle. Add-on fees are charged monthly to your balance.

You may enable automatic top-up to prevent service interruption when your balance runs low. If your balance reaches zero, active phone numbers may be paused until funds are added.

All payments are final and non-refundable except where required by applicable law or at our sole discretion. Unused balance is not refundable upon account cancellation. We reserve the right to change pricing with 30 days advance notice.

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Engage in illegal telemarketing, robocalling, or unsolicited commercial communications
• Violate the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, or equivalent laws in your jurisdiction
• Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Impersonate any person or entity, or falsely represent your affiliation
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Attempt to gain unauthorized access to any part of the Service or other users' accounts
• Use the Service to transmit malware, viruses, or any other malicious code
• Resell the Service without an active White Label or Agency subscription
• Use the Service in any manner that could damage, disable, or impair the Service

We reserve the right to suspend or terminate accounts that violate these terms, with or without notice, depending on the severity of the violation.

Call Recording. You are solely responsible for complying with all applicable call recording laws in every jurisdiction where your calls occur. Many states and countries require all-party consent before recording a call. CallScaler provides greeting and whisper message tools to help with compliance, but compliance is your responsibility.

Caller ID and Spoofing. You must comply with the Truth in Caller ID Act and similar laws. You may not use CallScaler to transmit misleading or inaccurate caller ID information with the intent to defraud or cause harm.

SMS and Text Messaging. If you use SMS features, you must comply with all applicable laws including the TCPA, 10DLC registration requirements, and carrier policies. You are responsible for obtaining proper consent before sending text messages.

Number Porting. When porting numbers into CallScaler, you represent that you are the authorized user of those numbers and that the porting request is legitimate.

The Service, including its software, design, documentation, branding, and all related intellectual property, is owned by CallScaler and protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or reverse-engineer any part of the Service.

You retain full ownership of your data, including call recordings, transcripts, analytics, and any content you upload to the Service.

By using the Service, you grant CallScaler a non-exclusive, royalty-free, worldwide license to display your company name, logo, and trademarks on our website, marketing materials, customer showcases, and promotional content (for example, in logo carousels, case studies, or customer lists). This license is limited to identifying you as a CallScaler customer.

You may request removal of your logo or brand from our marketing materials at any time by emailing support@callscaler.com. We will honor removal requests within 10 business days.

This license does not grant us any rights to your products, services, or other intellectual property beyond what is described here.

If you use the white-label feature, you may resell CallScaler under your own brand to your end clients. You are responsible for your relationship with your end clients, including their compliance with these Terms. Your end clients must comply with all applicable laws and our Acceptable Use policy.

You are responsible for providing first-line support to your end clients. You must not represent to your end clients that you built or own the underlying platform technology.

CallScaler is not liable for disputes between you and your end clients. You agree to indemnify CallScaler against any claims arising from your end clients' use of the Service through your white-label instance.

Access to CallScaler APIs is subject to rate limits and fair use policies. We may throttle or restrict API access if usage patterns negatively impact the Service. You must not use the API to build a competing product. API keys are confidential and must not be shared publicly.

Your use of the Service is governed by our Privacy Policy, which describes how we collect, use, and protect your information. You retain ownership of your data at all times. CallScaler acts as a data processor on your behalf for call data, recordings, and transcripts.

We target 99.9% uptime but do not guarantee uninterrupted, error-free service. We may perform scheduled maintenance with reasonable advance notice when possible. We are not liable for downtime caused by factors outside our control, including internet outages, upstream telephony provider issues, or force majeure events (natural disasters, government actions, pandemics, etc.).

Support is provided through in-app ticketing. Response times vary by plan tier. We do not guarantee specific resolution times.

You may cancel your account at any time through the platform. Upon cancellation, your data will be retained for 30 days before permanent deletion. You may request an earlier export of your data before deletion.

We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, fail to pay amounts owed, or if required by law. We may also terminate accounts that have been inactive for 12 or more consecutive months.

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Limitation of Liability, Indemnification, and Dispute Resolution) will survive.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLSCALER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO CALLSCALER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

You agree to indemnify, defend, and hold harmless CallScaler and its officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or third-party right, (d) content you upload or transmit through the Service, or (e) your end clients' use of the Service through your account or white-label instance.

Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in the State of Delaware. Each party bears its own costs unless the arbitrator rules otherwise.

You agree to resolve disputes on an individual basis and waive any right to participate in a class action or class-wide arbitration.

Either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any legal proceedings not subject to arbitration shall be brought in the state or federal courts located in Delaware.

We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service and cancel your account.

These Terms constitute the entire agreement between you and CallScaler regarding the Service. If any provision is found to be unenforceable, the remaining provisions remain in full force. Our failure to enforce any right or provision does not constitute a waiver. You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations to a successor in connection with a merger, acquisition, or sale of assets.

Questions about these Terms? Contact us at support@callscaler.com.