01.Acceptance of terms
These Terms of Service ("Terms") govern access to and use of the websites, apps, APIs, and communication services (the "Services") provided by Auditcall ("Auditcall", "we", "us"). By creating an account, signing an order form, or using the Services you agree to these Terms. If you are accepting on behalf of a company, you represent that you have authority to bind that company.
02.Accounts and eligibility
You must be at least 18 and able to form a binding contract. You are responsible for:
- Maintaining the confidentiality of your credentials and API keys.
- All activity that occurs under your account.
- Providing accurate billing and contact information.
03.Subscriptions, fees, and billing
Plans are billed in advance on a monthly or annual basis. Usage charges (such as per-minute calling, SMS, transcription, or additional numbers) are billed in arrears. Fees are non-refundable except where required by law. We may change pricing on renewal with at least 30 days' notice.
04.Acceptable use
You agree not to use the Services to:
- Send spam, robocalls, or messages that violate TCPA, CAN-SPAM, GDPR/ePrivacy, or other applicable law.
- Engage in fraud, phishing, harassment, or impersonation.
- Distribute malware or interfere with the Services or other users.
- Record calls without obtaining consents required by law.
- Reverse engineer, resell, or sublicense the Services except as expressly permitted.
We may suspend or terminate accounts that violate this section.
05.Customer data and privacy
You retain all rights in the data you submit ("Customer Data"). You grant Auditcall a limited license to host, transmit, process, and analyze Customer Data solely to provide and improve the Services. Our handling of personal data is described in the Privacy Policy and, where applicable, our Data Processing Addendum.
06.Telecom and number compliance
Use of phone numbers, SMS, and emergency services is subject to carrier and regulatory rules including 10DLC registration, STIR/SHAKEN, local presence requirements, and emergency-services limitations. You are responsible for registering brands and campaigns, honoring opt-outs, and complying with the laws of the jurisdictions you call into.
07.Service availability
We target high availability and publish status updates at status.auditcall.com. Specific uptime commitments and credits, where offered, are described in your order form or SLA. The Services may be temporarily unavailable for maintenance, upgrades, or events outside our reasonable control.
08.Intellectual property
Auditcall and its licensors own all rights, title, and interest in the Services, including all software, models, documentation, and branding. No rights are granted except those expressly stated in these Terms.
09.Third-party services
The Services may integrate with third-party products (such as CRMs, ad platforms, and analytics tools). Your use of those products is governed by their own terms and we are not responsible for them.
10.Disclaimers
Except as expressly stated, the Services are provided "as is" without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement.
11.Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Each party's aggregate liability arising out of or related to the Services is limited to the amounts paid to Auditcall in the 12 months preceding the claim.
12.Indemnification
You will defend and indemnify Auditcall against third-party claims arising from your Customer Data, your use of the Services in violation of these Terms or applicable law, or your communications with end users.
13.Term and termination
These Terms remain in effect while you use the Services. Either party may terminate for material breach not cured within 30 days of notice. Upon termination, your access ends and any unpaid fees become immediately due. Sections that by their nature should survive will survive termination.
14.Governing law and disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Delaware, except where you have non-waivable consumer rights in your country of residence.
15.Changes to these Terms
We may update these Terms from time to time. We will post the updated version with a new "Last updated" date and, for material changes, give reasonable advance notice. Continued use after the effective date constitutes acceptance.
16.Contact
Questions about these Terms? Email legal@auditcall.com.