Effective Date: January 31, 2025

These Terms & Conditions (the "Terms") constitute a legally binding agreement between Callfy.ai Inc., a Delaware corporation ("Callfy", "we", "our", or "us") and the entity or person agreeing to them ("Merchant", "you", or "your"). By signing up for, accessing, or using the Callfy.ai platform—including the call handling APIs, dashboard, documentation, mobile/desktop apps, and any associated services (collectively, the "Service")—you agree to be bound by these Terms. If you do not accept these Terms, you must not use the Service.

1. Overview of the Service

Callfy.ai provides AI‑powered phone support that integrates with Shopify and other e‑commerce platforms. The Service allows Merchants to provision a phone number, automatically generate AI responses to Caller inquiries, and access call recordings, transcripts, and analytics.

2. Eligibility & Account Registration

Legal Capacity. You represent that you are at least 18 years old, have the authority to bind the Merchant, and are not barred from using the Service under any applicable laws.

Account Security. You are responsible for maintaining the confidentiality of log‑in credentials and for all activities that occur under your account. Notify Callfy immediately of any unauthorized use.

3. License & Acceptable Use

Limited License. Subject to your ongoing compliance with these Terms, Callfy grants you a non‑exclusive, non‑transferable, revocable right to access and use the Service for your internal business purposes.

Prohibited Activities. You will not (and will not allow any third party to):

  • Reverse‑engineer, decompile, or attempt to discover the Service's source code;
  • Use the Service to transmit or store unlawful, obscene, or infringing content;
  • Interfere with or disrupt the integrity or performance of the Service;
  • Use automated scripts to scrape data except as enabled by official APIs; or
  • Bypass any security or usage‑limit mechanisms.

4. AI‑Generated Content; Merchant Responsibilities

No Professional Advice. AI responses are generated based on training materials you provide and public data. They may contain inaccuracies. You are solely responsible for reviewing and approving any AI‑generated content before relying on it.

Caller Notices. You must provide any legally required disclosures to Callers, including notice of call recording and AI usage where mandated by local law.

Indemnity. You will indemnify, defend, and hold Callfy harmless from any claims arising out of AI‑generated content or your failure to comply with this Section.

5. Call Recording & Data Processing

Consent. By enabling recording or transcription features, you represent that you have obtained all necessary consents from Callers.

Data Processing Addendum. Our Privacy Policy and Data Processing Addendum (if applicable) govern the processing of personal data.

6. Fees, Billing & Taxes

Plans. The Service is offered under subscription tiers (e.g., 250 minutes for US $99/mo; 1,000 minutes for US $349/mo) as described on our pricing page. Usage beyond plan limits is billed at overage rates displayed in your dashboard.

Payment Method. You authorize Callfy (via Stripe or another payment processor) to charge your payment method on a recurring basis until cancellation.

Taxes. Fees are exclusive of taxes, which you are responsible for unless we are legally required to collect them.

Refunds. Except as required by law, all payments are non‑refundable.

7. Free Trials & Promotions

Trial periods are offered at Callfy's discretion and are subject to these Terms. We may cancel or modify trials at any time.

8. Suspension & Termination

By You. You may cancel at any time via the dashboard; the subscription remains active until the end of the current billing cycle.

By Callfy. We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees, or create risk or legal exposure for us.

Effect of Termination. Sections that by their nature should survive (e.g., IP ownership, indemnities, disclaimers, limitations of liability) shall survive termination.

9. Intellectual Property

Callfy retains all right, title, and interest in the Service, including all software, templates, and underlying technology. Except for the limited license granted in Section 3, no rights are granted to you.

10. Feedback

If you provide suggestions or feedback, you grant Callfy a perpetual, irrevocable, royalty‑free right to use and incorporate them without restriction.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. CALLFY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT, AS WELL AS ANY WARRANTY THAT THE SERVICE WILL BE ERROR‑FREE OR UNINTERRUPTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLFY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES PAID BY YOU TO CALLFY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. UNDER NO CIRCUMSTANCES WILL CALLFY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

You will indemnify and hold Callfy, its affiliates, and their officers, directors, employees, and agents harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your breach of these Terms, or your violation of any law or the rights of a third party.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict‑of‑laws rules. Any dispute shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in Wilmington, Delaware. You waive the right to participate in class‑action proceedings.

15. Modifications to the Terms

We may update these Terms at any time by posting a revised version on our website or notifying you through the dashboard. Continued use of the Service after the effective date constitutes acceptance.

16. Contact Us

Questions about these Terms? Email [email protected].