Terms of Service

These Terms of Service ("Terms") govern your access to and use of the CallMatrixplatform, APIs, and related services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Definitions

• "You" / "Customer" — the individual or entity that creates an account and uses the Service.
• "Buyer" — a third-party destination (call center, agent, business) to which calls are routed through the Service.
• "Campaign" — a configuration within the Service that ties together phone numbers, IVR trees, routing plans, and buyer destinations.
• "Call Data" — all records, metadata, recordings, and analytics generated by calls routed through the Service.
• "DNI" — Dynamic Number Insertion, the JavaScript snippet that tracks website visitors and assigns tracking phone numbers.

2. Account Registration and Security

• You must provide accurate, complete, and current information when creating an account.
• You are responsible for maintaining the confidentiality of your account credentials, API keys, and authentication tokens.
• You are responsible for all activities that occur under your account, whether authorized by you or not.
• You must notify us immediately at [email protected] if you suspect unauthorized access to your account.
• Accounts are for use by the registered entity only. Sharing account credentials with unauthorized parties is prohibited.

3. Service Tiers and Features

The Service is offered in multiple tiers (Starter, Growth, Enterprise), each with different feature sets, usage limits, and pricing as described on our Pricing page. Feature availability is determined by your active subscription tier. We reserve the right to modify tier features with 30 days' notice.

4. Billing and Payment

4.1 Subscription Fees

Subscription fees are billed monthly or annually in advance based on your selected plan and billing cycle. All fees are non-refundable except as required by applicable law or as described in Section 4.5.

4.2 Wallet and Pre-Pay Model

CallMatrix uses a wallet pre-pay model for usage charges. You must maintain a positive wallet balance to use usage-based features (call routing, number rental, outbound calls). When your balance reaches zero, usage-based features may be suspended until funds are added.

4.3 Usage Charges

Usage is charged based on your tier's rates for: per-minute call charges (inbound and outbound), phone number rental (local and toll-free), additional users, and additional forms/widgets (Starter tier). Overage charges for exceeding included monthly call volume are billed at the per-minute overage rate for your tier.

4.4 Payment Methods

We accept credit cards, debit cards, and ACH bank transfers processed through our third-party payment processor. You authorize us to charge your payment method for all fees incurred. Auto-recharge is available and, if enabled, will automatically add funds when your balance drops below your configured threshold.

4.5 Tier Changes

Upgrades take effect immediately and are prorated for the current billing period. Downgrades take effect at the start of your next billing cycle. No refunds are issued for partial billing periods on downgrades.

4.6 Annual Billing

Annual plans are billed in a single upfront payment for 12 months. Annual billing provides a discount as described on our Pricing page. Annual plans auto-renew unless cancelled at least 30 days before the renewal date. No partial refunds for early cancellation of annual plans.

5. Acceptable Use

You agree to use the Service in compliance with all applicable laws, regulations, and industry standards. Specifically, you agree to:

5.1 Telecommunications Compliance

• Comply with the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), and all applicable federal and state telecommunications regulations.
• Obtain all necessary consents before initiating outbound calls via lead forms, callback widgets, or any other automated calling feature.
• Maintain and honor Do-Not-Call (DNC) lists as required by law.
• Not use the Service for robocalling, auto-dialing to mobile phones without prior express consent, or any form of unsolicited telemarketing prohibited by law.

5.2 Call Recording Compliance

• If you enable call recording, you are solely responsible for complying with all applicable recording consent laws.
• You must configure appropriate consent prompts for jurisdictions that require all-party consent (including but not limited to California, Florida, Illinois, and other two-party consent states).
• CallMatrix provides tools to configure consent prompts but does not provide legal advice on compliance requirements.

5.3 Advertising Compliance

• Comply with all applicable advertising laws and regulations, including FTC guidelines, when using call tracking, DNI, and Google Ads integration features.
• Ensure that your advertising campaigns, landing pages, and IVR prompts do not contain false, misleading, or deceptive claims.
• Comply with Google Ads policies when using the Google Ads integration and conversion upload features.

5.4 Prohibited Uses

You may not use the Service to:

• Route calls for illegal purposes or to promote illegal activities.
• Engage in fraud, including inflating call volumes, fabricating lead data, or manipulating ping-post auction bids.
• Transmit malware, viruses, or harmful code through our APIs or embed snippets.
• Attempt to gain unauthorized access to other users' accounts or data.
• Reverse engineer, decompile, or disassemble the Service or its components.
• Resell or sublicense the Service without prior written authorization.
• Exceed rate limits or abuse API endpoints in a manner that degrades service for other users.
• Use the Service to harass, threaten, or harm any individual.

6. Data Ownership and License

6.1 Your Data

You retain full ownership of all data you input into or generate through the Service, including call records, campaign configurations, buyer configurations, lead form submissions, analytics data, and call recordings. We do not claim any ownership rights to your data.

6.2 License to Us

You grant us a limited, non-exclusive license to use your data solely to provide, maintain, and improve the Service. This includes processing call data for routing, storing records for analytics, and transmitting data to third parties you configure (telephony providers, Google Ads, ping-post buyers).

6.3 Aggregate Data

We may use anonymized, aggregated data (which cannot identify you or your callers) for platform improvement, benchmarking, and marketing purposes (e.g., "CallMatrix routes 1M+ calls monthly").

7. Intellectual Property

The Service, including its software, design, documentation, APIs, and trademarks, is owned by CallMatrix and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

8. Phone Numbers and Telephony

• Phone numbers provisioned through the Service remain the property of the underlying telephony provider. You have a license to use assigned numbers for the duration of your active subscription.
• Numbers are billed from the date of provisioning until release. Released numbers may not be recoverable.
• We reserve the right to reclaim numbers from inactive accounts after 90 days of non-payment.
• You must not use provisioned numbers for purposes other than those supported by the Service.
• Number porting (transferring numbers to or from other providers) is available for Enterprise plans and subject to separate terms.

9. Ping-Post Auctions

• When ping-post auctions are enabled, anonymized lead data is sent to configured buyers during the ping phase. Full lead data is sent only to the winning buyer after the call connects.
• You are responsible for the accuracy of buyer configurations, including ping/post URLs, authentication credentials, and bid thresholds.
• We are not responsible for buyer-side failures (timeouts, rejected bids, post-connection errors) beyond our reasonable control.
• Auction results are final. Revenue recorded for each call is based on the winning bid or static pricing as configured.

10. Third-Party Integrations

The Service integrates with third-party services (Google Ads, telephony providers, payment processors, and client-configured webhook/API endpoints). Your use of these integrations is subject to the respective third party's terms and policies. We are not responsible for the availability, accuracy, or conduct of third-party services.

11. Service Level and Uptime

11.1 Standard Tiers

Starter and Growth plans are provided on a commercially reasonable effort basis. We target 99.97% uptime but do not provide formal uptime guarantees or remedies for standard tiers.

11.2 Enterprise SLA

Enterprise plans include a 99.99% uptime SLA with defined service credits as remedies for SLA breaches. Enterprise SLA terms are detailed in your Enterprise agreement.

11.3 Scheduled Maintenance

We may perform scheduled maintenance with at least 48 hours' advance notice. Scheduled maintenance windows are excluded from uptime calculations.

12. Suspension and Termination

12.1 By You

You may cancel your subscription at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of your current billing period (monthly or annual). No refunds for partial periods.

12.2 By Us

We may suspend or terminate your account if:

• You violate these Terms, including the Acceptable Use provisions.
• Your wallet balance is zero and remains unfunded for 15 days.
• We receive a valid legal demand requiring us to do so.
• Your use of the Service poses a security risk or disrupts service for other users.

We will provide reasonable notice before suspension or termination except in cases of immediate security risk or legal obligation.

12.3 Effect of Termination

Upon termination, your access to the Service is revoked. Your data is retained for 90 days to allow for export, then permanently deleted. Phone numbers are released back to the provider. Outstanding wallet balances above $10 will be refunded to your payment method within 30 days.

13. White-Label Terms (Enterprise)

Enterprise plans with white-label branding are subject to the following additional terms:

• You may use your own branding (domain, logo, colors) on the white-labeled platform.
• You may not represent the platform as your own proprietary technology in investor materials, SEC filings, or similar contexts.
• White-label branding does not transfer any intellectual property rights to you.
• We retain the right to include a "Powered by CallMatrix" attribution in the platform footer, unless removed as part of your Enterprise agreement.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, 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, ERROR-FREE, OR SECURE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• CallMatrix IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.
• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
• WE ARE NOT LIABLE FOR CALL ROUTING FAILURES CAUSED BY TELEPHONY PROVIDER OUTAGES, BUYER-SIDE FAILURES, OR INTERNET CONNECTIVITY ISSUES BEYOND OUR CONTROL.
• WE ARE NOT LIABLE FOR YOUR COMPLIANCE WITH TELECOMMUNICATIONS LAWS, ADVERTISING REGULATIONS, OR CALL RECORDING CONSENT REQUIREMENTS.

16. Indemnification

You agree to indemnify, defend, and hold harmless CallMatrix, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service in violation of these Terms.
• Your violation of any applicable law or regulation, including TCPA, TSR, and recording consent laws.
• Claims by third parties (including callers, buyers, or regulatory bodies) related to your campaigns, call content, or advertising practices.
• Your infringement of any third-party intellectual property rights.

17. Dispute Resolution

17.1 Informal Resolution

Before filing a formal claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

17.2 Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA). Arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

17.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in a class action, class arbitration, or representative proceeding.

18. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

19. Modifications to Terms

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

20. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any Enterprise agreement, constitute the entire agreement between you and CallMatrix.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
• Waiver: Our failure to enforce any provision does not waive our right to enforce it later.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.
• Force Majeure: We are not liable for failures caused by events beyond our reasonable control, including natural disasters, government actions, internet outages, or telephony provider failures.

21. Contact Us

For questions about these Terms, contact us at:

• Email: [email protected]
• Subject line: "Terms Inquiry"