Welcome to Callfy. These Terms and Conditions ("Terms") govern your use of our abandoned cart recovery service. By accessing or using Callfy, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account or using our service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our service.
2. Description of Service
Callfy provides an AI-powered abandoned cart recovery service that:
Integrates with your e-commerce platform
Identifies abandoned shopping carts
Conducts automated phone calls and SMS outreach to customers
Provides analytics and insights on recovery performance
IMPORTANT: As a merchant using Callfy, you must understand and comply with the following.
Nature of AI Calls
By using Callfy's service, you acknowledge and agree that:
All phone calls to your customers are conducted by artificial intelligence (AI), not human agents.
The AI system generates responses dynamically. You cannot fully control or predict what the AI will say during conversations.
AI-generated content may occasionally contain errors, inaccuracies, or unintended responses despite our best efforts.
You are authorizing an AI system to represent your brand and communicate with your customers on your behalf.
Your Obligation to Obtain Customer Consent
YOU are solely responsible for obtaining proper consent from your customers before Callfy contacts them. This includes:
Clearly disclosing in your store's terms and privacy policy that customers may receive automated AI-generated phone calls
Informing customers that calls are made by artificial intelligence, not human representatives
Obtaining explicit opt-in consent for automated calls where required by law (TCPA, GDPR, etc.)
Maintaining records of customer consent that can be provided upon request
Ensuring your checkout process includes clear disclosure about AI phone outreach
AI Disclosure in Call Greetings - MANDATORY
You are strictly prohibited from configuring calls that impersonate human beings.
All call greetings MUST clearly disclose that the caller is an AI assistant, not a human representative
You must not configure greetings, scripts, or AI personas that mislead customers into believing they are speaking with a human
Examples of compliant greetings: "Hi, this is an AI assistant calling on behalf of [Store Name]..." or "Hello, this is [Store Name]'s automated assistant..."
Examples of prohibited greetings: "Hi, this is Sarah from [Store Name]..." or any greeting implying human identity
The AI must not claim to be a human if directly asked by the customer
Merchants must not configure deceptive prompts or AI personas that mislead customers
Callfy may enforce safeguards and monitor compliance with AI disclosure requirements
You are solely responsible for ensuring your call configurations comply with this requirement
Violation of this policy may result in immediate termination of your account without refund
Many jurisdictions require disclosure of automated/AI callers. Failure to properly disclose AI identity may violate consumer protection laws and expose YOU to legal liability. Callfy is not responsible for any penalties, fines, or legal action resulting from your failure to comply with AI disclosure requirements.
Call Recording
Calls may be recorded and/or transcribed for quality assurance, training, and compliance purposes where permitted by law. Merchants are responsible for providing any legally required notice and obtaining any required consent for recording. Recordings and transcripts may be accessible through the Callfy dashboard. We may use anonymized call data to improve our AI systems.
No Guarantees on AI Performance
We do not guarantee the accuracy or appropriateness of AI-generated responses
The AI may misunderstand customer intent or provide incorrect information about your products
Offers or discounts mentioned by the AI are based on your configured settings, but errors may occur
We are not liable for any damages arising from AI miscommunication or errors
You should regularly monitor call recordings to ensure quality and accuracy
Merchants may only send SMS/MMS using Callfy to end users who have provided valid consent through the merchant's opt-in flow. Merchants must not use Callfy to message purchased lists, scraped numbers, or end users who have not opted in. All messages must clearly identify the merchant as the sender and include opt-out instructions. End users must be able to opt out at any time by replying STOP (and request help by replying HELP), and opt-out requests must be honored immediately. Merchants are responsible for ensuring their opt-in disclosure, Terms, and Privacy Policy accurately describe these messages and comply with applicable laws and carrier requirements.
Handling Opt-Out Requests
You acknowledge that:
Customers can opt out by saying "stop" or "do not call" during any call
For SMS, customers can opt out by replying STOP to any message
Opt-out requests are automatically processed and added to your do-not-call list
You must honor all opt-out requests immediately and not attempt to circumvent them
You are responsible for maintaining compliance with do-not-call regulations
Limitations and Liability
You acknowledge that AI technology has inherent limitations:
The AI may misunderstand customer responses or context
The AI cannot process payments or access sensitive information during calls
Technical issues may affect call quality or cause failed calls
The AI operates based on data you provide - inaccurate data leads to inaccurate calls
You assume all liability for using AI to contact your customers
You agree to indemnify Callfy against any claims arising from AI calls made on your behalf
Regulatory Compliance
You are solely responsible for ensuring compliance with all applicable laws, including but not limited to:
Telephone Consumer Protection Act (TCPA) in the United States
General Data Protection Regulation (GDPR) in the European Union
Canadian Anti-Spam Legislation (CASL)
Local telemarketing and consumer protection laws in your jurisdiction
Industry-specific regulations that may apply to your business
4. Account Registration
To use Callfy, you must:
Be at least 18 years old
Provide accurate and complete registration information
Maintain the security of your account credentials
Notify us immediately of any unauthorized access
Be responsible for all activities under your account
5. Your Responsibilities
Compliance with Laws
You agree to:
Comply with all applicable laws, including telemarketing regulations (TCPA, TSR, GDPR, etc.)
Obtain proper consent from your customers before we contact them
Maintain accurate do-not-call lists
Honor opt-out requests promptly
Customer Consent
You represent and warrant that:
Your customers have provided valid consent to receive calls and messages
Your privacy policy and terms disclose the use of automated calling services
You will not use our service to contact individuals who have not consented
Acceptable Use
You agree not to:
Use our service for any unlawful purpose
Transmit any harmful, offensive, or inappropriate content
Interfere with or disrupt our service
Attempt to access unauthorized areas of our systems
Resell or redistribute our service without authorization
6. Pricing and Payment
Fees
Our pricing consists of:
Subscription Fees: Monthly subscription fees based on your selected plan (Growth: $0/month, Pro: $149/month, Enterprise: $399/month)
Commission: A percentage of recovered sales revenue (Growth: 15%, Pro: 7%, Enterprise: 5%)
All pricing is subject to change with 30 days notice. Current pricing is displayed on our website and in your account dashboard.
Billing
Subscription fees are billed monthly in advance
Commission fees are calculated and billed monthly in arrears
All fees are non-refundable unless otherwise stated
We reserve the right to change pricing with 30 days notice
Late Payment
Late payments may result in suspension of service. We may charge interest on overdue amounts at the rate of 1.5% per month.
7. Intellectual Property
All intellectual property rights in our service, including software, algorithms, designs, and content, remain our exclusive property. You are granted a limited, non-exclusive license to use our service for your business purposes.
8. Data and Privacy
Our collection and use of data is governed by our Privacy Policy. You acknowledge that:
We process customer data on your behalf
You are the data controller for your customer data
We act as a data processor under applicable data protection laws
9. Service Availability
We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. We may temporarily suspend service for:
Scheduled maintenance (with notice when possible)
Emergency repairs
Security incidents
Events beyond our reasonable control
10. Limitation of Liability
To the maximum extent permitted by law:
Our liability is limited to the fees paid by you in the 12 months preceding the claim
We are not liable for indirect, incidental, special, or consequential damages
We are not liable for lost profits, data, or business opportunities
We are not responsible for actions taken by your customers
11. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:
Your violation of these Terms
Your violation of any applicable laws
Your failure to obtain proper customer consent
Claims by your customers related to our outreach on your behalf
12. Termination
By You
You may cancel your account at any time through your dashboard or by contacting support. Cancellation takes effect at the end of the current billing period.
By Us
We may suspend or terminate your account if you:
Violate these Terms
Fail to pay fees when due
Engage in fraudulent activity
Pose a security risk to our service or users
Effect of Termination
Upon termination:
Your access to the service will end
You must pay all outstanding fees
We will delete or anonymize your data within 30 days unless we are required or permitted to retain certain data for legal, compliance, dispute resolution, fraud prevention, or carrier recordkeeping purposes
13. Modifications to Terms
We may modify these Terms at any time. We will notify you of material changes via email or through our service. Continued use after changes constitutes acceptance of the new Terms.
14. Dispute Resolution
Any disputes arising from these Terms or our service shall be resolved through:
Good faith negotiations between the parties
Binding arbitration if negotiations fail
Small claims court for eligible disputes
Class action lawsuits and jury trials are waived to the extent permitted by law.
15. General Provisions
Entire Agreement: These Terms constitute the entire agreement between you and Callfy.
Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
Waiver: Failure to enforce any right does not waive that right.
Assignment: You may not assign these Terms without our consent.
Governing Law: These Terms are governed by the laws of the State of Delaware, USA.
16. Contact Us
For questions about these Terms, please contact us: