Terms and Conditions
CallConvert
Effective Date: April 18, 2025
These Terms and Conditions ("Terms") govern your access to and use of the CallConvert platform, including all software, services, and features offered by CallConvert ("CallConvert", "we", "us", or "our"). By creating an account or using the Service, you ("Operator") agree to be bound by these Terms. If you do not agree, do not use the Service.
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.
1. Definitions
- "Service" means the CallConvert AI voice agent platform, SMS messaging tools, dashboard, APIs, and all related software and features.
- "Operator" means any business or individual that registers for and uses CallConvert to manage customer communications.
- "End User" means a customer or caller who interacts with an Operator's CallConvert-powered phone system or receives SMS messages sent via the platform.
- "Content" means call recordings, transcripts, messages, scripts, configurations, and any other data you submit to or generate through the Service.
- "Subscription Plan" means the tier of service selected by the Operator, as described on the CallConvert pricing page.
2. Account Registration and Eligibility
To use CallConvert, you must:
- Be at least 18 years of age
- Be authorised to enter into a binding agreement on behalf of your business
- Provide accurate and complete registration information
- Maintain the security of your account credentials
You are responsible for all activity that occurs under your account. You must notify us immediately at info@callconvert.ai if you become aware of any unauthorised use of your account.
We reserve the right to refuse registration or terminate accounts at our discretion, including where we reasonably believe a business or its intended use violates these Terms or applicable law.
3. The Service
3.1 Description
CallConvert provides HVAC and home service businesses with:
- AI-powered inbound call handling (voice agent answers, qualifies, and logs calls 24/7)
- Automated outbound SMS follow-up messaging
- Call recordings, transcripts, and AI-generated summaries
- Integration with third-party CRM and scheduling tools (where available)
- A web dashboard for managing calls, messages, campaigns, and reporting
3.2 Availability
We aim to maintain high availability of the Service but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where practicable. We are not liable for any downtime caused by third-party telephony or cloud infrastructure providers.
3.3 Changes to the Service
We may modify, add, or remove features of the Service at any time. We will provide reasonable notice of material changes. Continued use of the Service after such changes constitutes acceptance.
4. Subscription, Fees, and Payment
4.1 Subscription Plans
CallConvert is offered on a subscription basis. Current plan details and pricing are available at callconvert.ai/pricing. Plans include:
- Starter: $99/month — basic inbound AI call handling, up to [X] calls/month
- Pro: $249/month — full inbound handling, outbound SMS, integrations, priority support
- Business: $499/month — advanced features, higher usage limits, dedicated onboarding
- Enterprise: custom pricing — contact us for volume and custom requirements
4.2 Billing
Subscriptions are billed monthly or annually in advance. All fees are in US dollars. By providing a payment method, you authorise us to charge the applicable fees on each billing cycle.
4.3 Usage Overages
Certain plan limits (such as call minutes and SMS messages) apply. Usage that exceeds your plan limits will be billed at the overage rates published on our pricing page or as agreed in your order form.
4.4 Free Trials
Where we offer a free trial, no charge will be made during the trial period. At the end of the trial, your account will automatically convert to the selected paid plan unless you cancel before the trial expires.
4.5 Refunds
Subscription fees are non-refundable except where required by law. If we terminate your account without cause, we will refund a pro-rata portion of any prepaid fees for the unused portion of your subscription period.
4.6 Price Changes
We may change subscription prices with 30 days written notice. Continued use of the Service after the price change takes effect constitutes acceptance of the new pricing.
5. Operator Responsibilities and Acceptable Use
5.1 Compliance with Laws
You are solely responsible for ensuring your use of the Service complies with all applicable laws and regulations, including:
- The Telephone Consumer Protection Act (TCPA) and related FCC regulations
- The CTIA Messaging Principles and Best Practices
- State telemarketing and do-not-call laws
- The CAN-SPAM Act (where applicable to electronic communications)
- All applicable data protection and privacy laws
- Any industry-specific regulations applicable to your business
5.2 SMS Consent Requirements
Before sending any SMS message to an End User via CallConvert, you must:
- Obtain valid prior express written consent from the End User as required by the TCPA
- Clearly disclose the nature, frequency, and sender of messages at the time of opt-in
- Maintain records of consent that can be produced upon request
- Honour opt-out requests (STOP) immediately and without condition
- Include opt-out instructions (reply STOP to unsubscribe) in all marketing messages
- Include a HELP response mechanism in all SMS campaigns
Important:
CallConvert provides tools to help you manage consent and opt-outs, but the legal obligation to obtain and honour consent rests entirely with you as the Operator.
5.3 Call Recording Disclosure
Where you enable call recording, you are responsible for providing all legally required disclosures to callers before recording begins. Requirements vary by state (for example, California requires all-party consent). CallConvert can play a disclosure message at the start of calls, but you must configure this correctly and are responsible for compliance.
5.4 Prohibited Uses
You must not use the Service to:
- Send spam, unsolicited commercial messages, or messages to recipients who have not consented
- Contact numbers on the National Do Not Call Registry without a valid exemption
- Impersonate another person or business or misrepresent your identity
- Engage in illegal or deceptive telemarketing practices
- Harvest or scrape phone numbers
- Send messages containing illegal content, threats, harassment, or material that violates any third-party rights
- Attempt to circumvent carrier filtering or A2P messaging policies
- Use the Service in a way that degrades the performance or availability of the platform for other users
- Reverse engineer, decompile, or attempt to extract the source code of the Service
6. Content and Data
6.1 Your Content
You retain ownership of all Content you submit to the Service. By using the Service, you grant CallConvert a limited, non-exclusive licence to host, process, and transmit your Content solely as necessary to provide the Service to you.
6.2 AI-Generated Content
The Service uses artificial intelligence to generate call responses, transcripts, and summaries. AI-generated output may be inaccurate, incomplete, or inappropriate in specific contexts. You are responsible for reviewing AI-generated content and for any decisions made based on it. CallConvert does not warrant the accuracy of AI-generated output.
6.3 Data Processing
Your use of the Service is also governed by our Privacy Policy (callconvert.ai/privacy), which is incorporated into these Terms by reference. To the extent required by applicable law, we will enter into a Data Processing Agreement with Operators who require one.
7. Intellectual Property
All rights in the CallConvert platform, software, branding, and technology are owned by or licensed to CallConvert. Nothing in these Terms grants you any rights in the Service other than the limited right to use it as described herein.
You may not use the CallConvert name, logo, or trademarks without our prior written consent.
8. Third-Party Integrations
CallConvert integrates with third-party services including telephony providers, CRM platforms, and AI providers. Your use of such integrations is subject to the relevant third parties' terms and policies. We are not responsible for the conduct, availability, or data practices of third-party services.
9. Suspension and Termination
9.1 Termination by You
You may cancel your subscription at any time through the dashboard or by contacting info@callconvert.ai. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods.
9.2 Suspension or Termination by Us
We may suspend or terminate your account immediately and without notice if:
- You breach these Terms in a material way
- We receive credible evidence of TCPA violations or carrier complaints arising from your use
- Your use of the Service poses a risk to other users, carriers, or third parties
- You fail to pay fees when due
- We are required to do so by law or a regulatory authority
We may also terminate your account for any reason with 30 days written notice.
9.3 Effect of Termination
Upon termination, your right to access the Service ceases. We will provide a 14-day period during which you may export your data before it is deleted, unless termination was due to a material breach or legal requirement. Sections that by their nature should survive termination (including Sections 5, 7, 10, 11, and 12) shall survive.
10. Disclaimers
The service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, CallConvert disclaims all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.
CallConvert does not warrant that the service will be uninterrupted, error-free, or free of viruses or other harmful components. CallConvert does not warrant that AI-generated call responses, transcripts, or summaries will be accurate or suitable for any particular purpose.
Nothing in these Terms excludes liability that cannot be excluded by law, including liability for fraud or personal injury caused by our negligence.
11. Limitation of Liability
To the maximum extent permitted by applicable law, CallConvert's total liability to you for any claims arising out of or relating to these terms or the service, whether in contract, tort, or otherwise, shall not exceed the total fees paid by you to CallConvert in the three (3) months immediately preceding the claim.
In no event shall CallConvert be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of data, loss of goodwill, or business interruption, even if CallConvert has been advised of the possibility of such damages.
You acknowledge that CallConvert is not a law firm and does not provide legal advice. You are solely responsible for ensuring your use of the Service complies with applicable law, including TCPA obligations. CallConvert has no liability for fines, penalties, or claims arising from your non-compliance.
12. Indemnification
You agree to indemnify, defend, and hold harmless CallConvert, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your use of the Service
- Your violation of these Terms
- Your violation of any applicable law, including TCPA and data protection laws
- Any claim by an End User relating to messages sent or calls made using your CallConvert account
- Any Content you submit to or generate through the Service
13. STOP, HELP, and Message Frequency Disclosures
For the purposes of A2P SMS compliance, the following applies to all SMS campaigns sent via CallConvert:
- Program name: [Your Business Name] via CallConvert
- Program description: Appointment confirmations, service reminders, and follow-up messages from HVAC service businesses
- Message frequency: Varies based on customer interactions (typically 1-4 messages per service inquiry)
- Message and data rates may apply
- To opt out: Reply STOP to any message. You will receive one confirmation message and will receive no further messages
- To get help: Reply HELP or call [Operator phone number]. For platform support: info@callconvert.ai
- Carriers are not liable for delayed or undelivered messages
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of [Your State], without regard to conflict of law principles. Any dispute arising out of or relating to these Terms shall first be subject to good-faith negotiation between the parties.
If a dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in [Your City, State]. Each party shall bear its own costs unless the arbitrator determines that one party's position was frivolous.
Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction where necessary to protect intellectual property rights or prevent irreparable harm.
You waive any right to participate in a class action lawsuit or class-wide arbitration against CallConvert.
15. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy and any order forms or addenda, constitute the entire agreement between you and CallConvert and supersede all prior agreements relating to the subject matter herein.
- Modifications: We may update these Terms at any time with 30 days notice to your registered email address. Continued use after the effective date constitutes acceptance.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
- Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
- Assignment: You may not assign these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Force Majeure: We are not liable for failures or delays caused by circumstances beyond our reasonable control, including telecommunications outages, natural disasters, or government actions.
- Notices: Notices to you will be sent to your registered email address. Notices to us must be sent to info@callconvert.ai or our registered business address.
16. Contact
For questions about these Terms, contact us at:
Email: info@callconvert.ai
Support: info@callconvert.ai
Website: callconvert.ai/terms
This document was prepared as a working draft for legal review. It does not constitute legal advice. Have a qualified attorney review these Terms before publishing them publicly, particularly in relation to TCPA compliance, arbitration clauses, and your specific jurisdiction.