Terms of Service

THIS AGREEMENT CONTAINS BINDING CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION 9 BELOW THAT ARE APPLICABLE TO YOU AND US.

These Terms of Service (“Terms,” “Agreement”) are an agreement between CallMagma Inc. (“CallMagma,” “We,” “us”) and the person (natural or legal) (“You,” “Your,” “Customer”) and govern Your use of the www.callmagma.com website (“Site”), as well as CallMagma professional and enterprise services (“Services”). Your use of the Site and Services is conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein, including but not limited to CallMagma Inc.’s Privacy Policy (the “Privacy Policy”), as amended from time to time.

If You are accessing or using the Site or the Services on behalf of Your company, You certify that You have the authority to accept this Agreement on behalf of it. By signing up, accessing, or using the Site or the Services, You acknowledge Your acceptance of this Agreement and consent to be bound by its terms and conditions. Violations of these Terms may result in termination of Service and legal action against You.

Do not use the Site or the Services if You do not agree to the Terms or if Your jurisdiction will not honor them. Persons under the age of 13 are not authorized to use the Site.

1. Our Services

1.1 Cloud Service: CallMagma is a Site that enables You to build and deploy AI-powered voice agents for your business operations. Our service includes a versatile platform for creating AI agents for voice interactions, number provisioning, call handling, and a dashboard for customization and integration for use cases such as customer service, appointment scheduling, outbound lead generation, and information gathering.

1.2 Professional Services: Beyond the standard technical support, CallMagma offers customized professional services which include personalized consultations, advanced implementation assistance, optimization strategies, and more, tailored to Your specific needs. Please contact us through the form on our Site with any questions or requests, and a member of our team will help You choose the Services and solutions that will be most suitable to meet Your needs.

2. Payment Terms

2.1 Payment: The information about CallMagma’s service plans is posted on our Site's pricing section. Services are charged on a monthly basis (“Subscription Period”). Upon signing up, You will provide CallMagma with a valid credit card number and billing information. You authorize CallMagma to charge and/or place a hold on Your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay the monthly charges (including without limitation all Taxes applicable to Your Service charges) without requiring a signed receipt, and You agree that Your acceptance of these Terms is authorization to the issuer of the credit card to pay all such amounts. All fees are non-refundable except as required by law or as otherwise expressly provided for in these Terms.

2.2 Subscription: If You wish to cancel the service, You must contact our support team before the end of the current Subscription Period. Failure to do so will result in the automatic renewal of the subscription items for the next Subscription Period, and You will be responsible for the applicable fees.

2.3 Automatic Payment: You authorize CallMagma and/or any other company acting as billing agent for CallMagma to charge Your credit card at the end of the month, and to continue to attempt to charge and/or, if We so elect, place holds with respect to all sums described herein, or any portion thereof, to Your credit card until such amounts are paid in full.

2.4 Credit Card on File: You will provide CallMagma with updated credit card information upon our request and any time the information You previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information.

2.5 Billing: We may elect to issue You an invoice in any format as We determine from time to time. Our decision to issue invoices shall not limit Our rights hereunder to automatically charge Your credit card on file.

2.6 Late Payment Fee; Grace Period: If the automatic payment method fails, You will be issued an invoice with a 14-day due date. If the invoice remains unpaid by the due date, a 7-day grace period will be provided. CallMagma reserves the right to suspend or stop Services automatically if the payment is not received within this grace period. You agree that for amounts not paid by the due date, We may charge a late payment fee equal to the lesser of 10% of the past due amounts or the maximum allowed by law.

2.7 Service Changes: CallMagma may change the rates at any time by posting such change on the pricing section of our Site. The new rate will apply to Your next billing cycle after the new rates have been published.

3. CUSTOMER RESPONSIBILITIES

Customer is solely responsible for (i) its use of the Services, (ii) all content, data, and inputs it provides, (iii) compliance of its use with applicable laws and regulations, and (iv) maintaining the confidentiality of its account credentials.

4. ACCEPTABLE USE POLICY

You agree that You will not use the Services in ways that violate laws, infringe the rights of others, or interfere with the users or equipment of the Services. You shall use the Services only for lawful purposes. CallMagma reserves the right to immediately terminate Your Services if we determine that You have used the Services for an unlawful or abusive purpose.

4.1 Telemarketing Compliance: You must not use the Services in violation of the applicable laws governing the making and sending of calls and text messages, including but not limited to the Telephone Consumer Protection Act (TCPA), the FTC’s Telemarketing Sales Rule (TSR), and Do-Not-Call (DNC) registry rules. If consumer consent is required under applicable laws to place calls using CallMagma’s technology, Customer is required to document and preserve proof of the required level of consent.

4.2 Fraud Prevention: You shall not use our Services to offer fraudulent goods, services, schemes, or promotions. Providing altered, deceptive, or false information about the sender's identity or a call's origin is expressly prohibited.

5. Indemnification

You agree to indemnify, defend and hold harmless CallMagma, its officers, directors, employees, and agents for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Site or Services, Your violation of any terms of this Agreement, Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations.

6. WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". CALLMAGMA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CALLMAGMA MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

7. BETA, EVALUATION, AND TRIAL SERVICES

From time to time CallMagma may offer beta, evaluation, or trial versions of the Services. Such Services are provided “as-is” without any warranties or commitments of any kind, and CallMagma shall have no liability arising from or relating to Customer’s use of such Services.

8. HIGH-RISK USE DISCLAIMER

The Services are not designed for use in connection with medical, emergency, or other inherently dangerous or safety-critical environments where failure could lead to death, personal injury, or severe physical or environmental damage. CallMagma disclaims all liability for use of the Services in such contexts.

9. LIMITATION OF LIABILITY & DISPUTE RESOLUTION

9.1 Limitation of Liability: CALLMAGMA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR, (B) ONE HUNDRED DOLLARS ($100).

9.2 Class Action Waiver: WE (YOU AND CALLMAGMA) EACH AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.

9.3 Jury Trial Waiver: YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY.

9.4 Governing Law: This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions.

10. INTELLECTUAL PROPERTY RIGHTS

All rights, title, and interests in the Service and Site are the exclusive property of CallMagma, except as otherwise stated. You retain ownership of any content You provide to the Service (“User Content”). By submitting User Content, You grant CallMagma a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute such User Content in connection with the Service. CallMagma grants You a limited, non-exclusive, non-transferable, and revocable license to access and use the Service and the Site for Your internal business purposes.

11. Call Recording

If You use call recording features, You give CallMagma permission to record calls made using the Service and process communication data for the development and improvement of our AI models. Before being used for these purposes, the data will be de-identified and aggregated. You are solely responsible for complying with all applicable laws regarding call recording, including obtaining consent from all parties on the call.

12. DATA SECURITY AND PRIVACY

CallMagma shall implement commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data. Unless otherwise expressly agreed in writing in a Business Associate Agreement (BAA), CallMagma does not act as a “Business Associate” as defined under HIPAA and disclaims any such obligations for non-covered plans.

13. MODIFICATIONS TO TERMS

CallMagma reserves the right to modify these Terms at any time. Updated versions of the Terms will be posted on the Website and are effective immediately. Your continued use of the Website after any such changes constitutes Your acceptance of the new Terms.

14. CONTACT US

If You have any questions regarding this Agreement, please contact us through the form on our Site or by email at:

CallMagma Inc.
Email: info@callmagma.com