PLEASE READ THESE TERMS CAREFULLY. These Terms of Service (“Terms,” “Agreement”) are a legal agreement between you (an individual or entity — “You,” “Your,” “Customer”) and Call Vibe (“CallVibe”, “we”, “us”, or “our”). They govern Your access to and use of the Call Vibe website, products, and services (including any trial, evaluation, or paid services) available at or through callvibe.ai, our dashboard, APIs, and related offerings (collectively, the “Site” and the “Services”). These Terms include an arbitration, class-action waiver, and jury trial waiver described below in Section 9.

By accessing, signing up for, or using the Site or Services, You accept and agree to be bound by these Terms without modification. If You are accepting these Terms on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that entity to these Terms. Do not use the Site or Services if You do not agree to these Terms or if You are under the age of 13.

1. Our Services

1.1 Core Service. Call Vibe provides cloud-based call analytics and AI voice agent services, including telephony connectivity, call recording and transcription, sentiment analysis, auto-summaries, agent coaching, number provisioning, an API for integrations, and a web dashboard for configuration and reporting.

1.2 Professional Services. We may offer professional services such as onboarding, integration assistance, customization, and consulting. Terms (scope, fees, deliverables, timelines) for professional services will be set out in a separate statement of work or order form.

2. Payment Terms

2.1 Fees & Billing. Service plans, usage tiers, and pricing are posted at our pricing page and are incorporated into these Terms. You must provide valid payment information and authorize us to charge the payment method on file for all fees, including applicable taxes. All fees are non-refundable except as required by law or expressly stated otherwise.

2.2 Subscription & Renewal. Subscription-based items (e.g., phone numbers, seats) renew automatically for successive subscription periods unless cancelled prior to the end of the current period. To avoid renewal charges you must remove subscription items or cancel the workspace/ subscription before the period end.

2.3 Automatic Payment Authorization. You authorize Call Vibe (and our billing agents) to charge and, if applicable, place holds on the payment method you provide until amounts are paid in full. You are responsible for keeping payment details current.

2.4 Invoices & Late Payments. Where automatic payment fails, we may issue an invoice with a 14-day due date and grant a 7-day grace period after the due date. We may suspend Services for unpaid invoices. Past due amounts may incur a late fee equal to the lesser of 10% of the past due balance or the maximum permitted by law. If collection efforts are required, you will be responsible for reasonable collection costs, including attorneys’ fees.

2.5 Changes to Pricing. We may change pricing by posting updates to our pricing page; new rates apply to subsequent billing cycles. If you do not accept a change in pricing, you must stop using the affected Service.

3. Customer Responsibilities

You are solely responsible for: (a) your use of the Services and any activity under your account; (b) the content and data you provide; (c) obtaining any consents, notices, or permissions required by applicable law for calls, recordings, or processing of communications; and (d) safeguarding account credentials. You must use the Services in compliance with all applicable laws.

4. Acceptable Use; Telemarketing Compliance

4.1 In General. You shall not use the Services for illegal, fraudulent, deceptive, threatening, abusive, harassing, or infringing activities. Call Vibe may suspend or terminate Services for misuse or suspected unlawful activity.

4.2 Telemarketing & Consent. You must comply with all laws regulating calls and texts, including TCPA, the Telemarketing Sales Rule, Do-Not-Call (DNC) rules, state law, and any other applicable regulations. This may require: obtaining and retaining documented express consent for auto-dialed or prerecorded calls; providing AI-disclosure and call-recording notices where required; including required opt-out mechanisms; and adhering to permitted calling hours. You must scrub calling lists against applicable DNC lists at least every 31 days and preserve consent records for the retention period required by law (but no less than five years).

4.3 Voice & Likeness. Do not use voices or create audio that impersonates or is deceptively similar to a real person without that person’s explicit consent or as otherwise permitted by law.

5. Indemnification

5.1 By You. You agree to indemnify, defend, and hold harmless Call Vibe and its affiliates, officers, employees, and agents from claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable law; or (d) your User Content or data.

5.2 By Call Vibe (IP Defense). Call Vibe will defend and indemnify you against a third-party claim alleging that the Services, as provided by Call Vibe and used in accordance with these Terms, infringe third-party intellectual property rights, and will pay damages finally awarded against you (or settlement amounts we agree to). This defense does not apply to claims resulting from modifications, combination with third-party products, misuse, or use of an outdated version of the Services. This Section is subject to the limitations of liability below.

6. Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CALL VIBE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN DISCLAIMERS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN WHOLE OR PART.

7. Beta, Trial, and Evaluation Services

Beta, trial, or evaluation Services (if offered) are provided “as-is” and may have limited functionality. We disclaim liability for your use of those Services. Trial accounts may be subject to usage limits and expiration.

8. High-Risk Uses

Call Vibe is not designed for life-critical, medical, emergency response, aviation, nuclear, or other inherently dangerous activities. Do not rely on the Services where failure or error could lead to death, personal injury, or environmental or property damage.

9. Limitation of Liability; Dispute Resolution, Waivers

9.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALL VIBE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA OR GOODWILL), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) $100 IF YOU USED A FREE TRIAL OR UNPAID SERVICE. THESE LIMITATIONS DO NOT APPLY TO CUSTOMER’S INDEMNITY OBLIGATIONS, BREACHES OF THE ACCEPTABLE USE POLICY, OR VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS.

9.2 Pre-Trial Dispute Resolution. Before initiating legal action, you must send a written description of your claim to our contact address and negotiate in good faith for 60 days. After the 60-day period, you may pursue the claim in court subject to the following terms.

9.3 Class Action Waiver. YOU AND CALL VIBE AGREE THAT ANY DISPUTE WILL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, NOT AS A CLASS OR REPRESENTATIVE ACTION. IF A COURT FINDS THE CLASS ACTION WAIVER UNENFORCEABLE, IT WILL BE VOID ONLY AS TO YOU.

9.4 Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CALL VIBE WAIVE ANY RIGHT TO A TRIAL BY JURY.

9.5 Governing Law & Jurisdiction. These Terms are governed by the laws of the State of Delaware without regard to conflict-of-law rules. The state and federal courts located in Delaware have exclusive jurisdiction over disputes arising out of or relating to these Terms, and both parties consent to venue and personal jurisdiction in those courts.

10. Intellectual Property

10.1 Ownership. Call Vibe and its licensors retain all rights, title, and interest in and to the Services, the Site, and related IP (including models, software, trademarks, and technology). You retain ownership of the content you upload (“User Content”).

10.2 License to User Content. By uploading or submitting User Content, you grant Call Vibe a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display that content as necessary to provide and improve the Services.

10.3 AI-Generated Content & Model Use. Call Vibe or its licensors retain ownership of underlying models and algorithms. You are granted a limited license to use AI-generated outputs for internal business purposes subject to these Terms. You shall not use outputs to train models that compete with Call Vibe.

10.4 Feedback. If you provide feedback, you grant Call Vibe a perpetual, irrevocable, royalty-free right to use and incorporate that feedback.

11. Call Recording & Use of Communications Data

Unless you opt out where the functionality allows, call recordings, transcripts, metadata, and related Communications Data may be collected and processed to provide Services, analytics, and (where permitted and as described in our Privacy Policy) to improve and train our models using aggregated and de-identified data. You are responsible for obtaining any required consents and notices from call participants under applicable law. Call Vibe will implement commercially reasonable security measures to protect recorded data and will provide breach notifications as required by law.

12. Service Levels & Support

We aim to provide reliable service and may commit to uptime and support terms in separate SLAs. Standard uptime targets, maintenance windows, and support response times (if any) will be documented in the applicable SLA or order form.

13. Data Security & Privacy

We implement administrative, technical, and physical safeguards consistent with industry standards to protect Customer Data. We will notify you of security incidents affecting Customer Data as required by applicable law. Customers are responsible for securing their account credentials and for activity under their accounts. Unless otherwise agreed in writing, Call Vibe is not a “Business Associate” under HIPAA.

14. DMCA / Copyright Policy

We respond to notices of alleged copyright infringement in accordance with applicable law. To submit a DMCA takedown notice, provide the required information (proof of ownership, identification of infringing material, contact info, and signature) to our designated agent.

15. Modifications to the Terms

Call Vibe may modify these Terms at any time by posting the revised Terms to the Site. Material changes will be communicated as required by law. Continued use of the Services after modifications constitutes acceptance of the updated Terms.

16. Export Control

You represent that you are not located in a U.S.-sanctioned country and are not a prohibited party. You shall not use the Services in violation of U.S. export control laws.

17. Order of Precedence; Severability; Assignment; Survival

If there is a conflict between these Terms and a signed order form or SLA, the order form or SLA will control only if it expressly states so. If any provision is unenforceable, it will be limited or severed to the minimum extent necessary. You may not assign these Terms without our consent; we may assign them. Sections that by their nature survive termination (e.g., IP, indemnity, limitation of liability, governing law) will survive.

18. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., natural disasters, acts of war, network outages, pandemics). Affected performance will be suspended for the duration of the event.

19. Enforcement & Remedies

We may investigate and take actions (including suspension or termination of Services) if we believe these Terms or the Acceptable Use Policy have been violated. We may cooperate with law enforcement and disclose information necessary to investigate illegal activity.

20. Contact

For questions, notices, or to submit a claim, please contact Call Vibe at:

Call Vibe
1544 Sawdust Rd, Ste 270
The Woodlands, TX 77380
United States

Email (general & legal): info@callvibe.ai
Phone: +1 832-791-2206