Terms of Service

Last Updated: September 14, 2024

IMPORTANT LEGAL NOTICES: These Terms include a CLASS ACTION WAIVER and an ARBITRATION PROVISION that affects your rights. Please review these sections carefully.

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “Customer,” or “you”) and Call Me Rad (“Company,” “we,” “us,” or “our”) regarding your use of our AI phone agent services, website, and related products and services (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use our Services.

2. Description of Services

Call Me Rad provides AI-powered phone agent services designed to handle customer calls, appointments, inquiries, and other business communications. Our Services include:

  • AI phone agents that can answer calls 24/7
  • Call routing and management systems
  • Call recording and transcription services
  • Integration with business systems and platforms
  • Analytics and reporting tools
  • Customer support and service management

3. Eligibility and Account Registration

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy.

4. User Responsibilities and Conduct

You agree to use our Services only for lawful purposes and in accordance with these Terms. You are prohibited from:

  • Using the Services for any illegal or unauthorized purpose
  • Attempting to gain unauthorized access to our systems or networks
  • Transmitting viruses, malware, or other harmful code
  • Harassing, abusing, or harming others through the Services
  • Impersonating any person or entity or misrepresenting your affiliation
  • Collecting or harvesting personal information from other users
  • Using the Services to compete with or replicate our business model

5. Payment Terms

Certain aspects of our Services may require payment of fees. All fees are non-refundable unless otherwise specified in writing. You agree to pay all applicable fees as described in your service plan or agreement.

We may change our fees at any time by providing you with at least thirty (30) days' advance notice. Your continued use of the Services after such notice constitutes acceptance of the new fees.

6. Intellectual Property Rights

The Services, including all content, features, and functionality, are owned by Call Me Rad and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your business purposes. You may not modify, distribute, transmit, display, reproduce, or create derivative works from the Services.

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in the Privacy Policy.

8. Service Availability and Modifications

We strive to maintain high availability of our Services, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any part of our Services at any time with or without notice.

We reserve the right to update these Terms at any time. Material changes will be communicated to you via email or through our Services. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.

9. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALL ME RAD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

10. Indemnification

You agree to indemnify, defend, and hold harmless Call Me Rad and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Services or violation of these Terms.

11. Termination

Either party may terminate this agreement at any time with or without cause. Upon termination, your right to use the Services will cease immediately, and we may delete your account and all associated data.

Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution shall survive termination of these Terms.

12. Dispute Resolution and Arbitration

MANDATORY ARBITRATION AND CLASS ACTION WAIVER

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

CLASS ACTION WAIVER: You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as part of a class action, collective action, or representative action.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the courts of Illinois.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Call Me Rad

Email: legal@callmerad.com

Address: 515 N State St

Phone: (312) 248-1665