Terms & Conditions
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1. INTRODUCTION
Please read these Terms of Service (these "Terms") carefully, as they constitute a legally binding agreement between BetterSide.ai s.r.o., a company registered with the Commercial Register maintained by the Regional Court in Brno under file number C 138255, with its registered office at třída 1. máje 3414/11A, 690 02 Břeclav, Czech Republic, ID No. 21287325 ("Callberry.ai," "we," "us," or "our") and an end-user ("you" and "your") and apply to your use of our website and Services (as defined below). In case you are utilizing the Services as a representative of a party (e.g., your employer or customer, collectively the "Client"), your acceptance of these Terms also binds the Client.
This is a binding agreement. If you use the Services or click accept or agree to these Terms if presented to you in a user interface for the Services, or you have signed a subscription agreement that serves as a master agreement, you are legally bound by the obligations in these Terms. If you are entering into these Terms on behalf of a Client, you represent and warrant that you have the authority to bind the Client to these Terms, and any reference to "you" and "your" will refer and apply to that party. If you do not agree to all of these Terms, you shall not use the Service and you should not set up an Account (as defined).
2. DEFINITIONS
For the purposes of these Terms, the following definitions shall apply:
"Account": An account under a username created by you to access and use the Services.
"AI Voice Agent": A voice-based artificial intelligence program created through our Platform that can conduct conversations via telephone.
"Authorized Users": Your employees, representatives, consultants, contractors, or agents who are authorized to use the Services and have been supplied user identifications and passwords by you.
"Content": Any data, information, or material provided or submitted by you to the Services, including configurations, prompts, scripts, contact lists, recordings, transcripts, and any other information used with or processed by the Services.
"Intellectual Property Rights". All (i) patents, patent disclosures, and inventions (whether patentable or not), (ii) trademarks, service marks, trade dress, trade names, logos, corporate names, and domain names, together with all goodwill associated therewith, (iii) copyrights and copyrightable works (including computer programs), and rights in data and databases, (iv) trade secrets, know-how and other confidential information, and (v) all other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
"Platform": Callberry.ai's hosted software solution that enables you to create, configure, deploy, and manage AI Voice Agents.
"Providers": Third-party service providers that we utilize as part of the Services, including but not limited to Twilio (for telephony services), Cal.com (for calendar integration), 11Labs (for voice generation), and OpenAI (for AI processing).
"Services": The Platform and related services provided by Callberry.ai, including all features, applications, content, and user interfaces made available by Callberry.ai, as well as any updates or enhancements to such services.
"Subscription": The purchased plan that determines your level of access to the Services, including applicable limitations and fees.
"Usage Data": Data related to your use of the Services including metrics, statistics, and information about how the Services are used.
3. ACCEPTANCE OF TERMS
You hereby agree to accept these Terms by creating an Account or using the Services, notwithstanding any existing services agreement to which you may also be signatory which incorporated these Terms by reference.
You also agree to abide by other Callberry.ai rules and policies, including our Privacy Policy (which explains what information we collect from you and how we protect it) that are expressly incorporated into and are a part of these Terms. Please read them carefully.
Once you accept these Terms, you are bound by them until they are terminated as provided in Section 13 (Term and Termination).
4. USING THE SERVICES
Right to Use and License
Subject to your compliance with these Terms, Callberry.ai hereby grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable right to use the Services solely for the purposes of creating, configuring, deploying, and managing AI Voice Agents and solely in the manner described in these Terms and in any technical documentation contained in, or provided with, the Services.
You acknowledge and agree that you are only being granted a right to use the Services and nothing is being sold to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Service in accordance with the use rights specified and other terms, conditions, and restrictions of these Terms. We reserve all other rights that are not granted in these Terms.
What We Provide
The Services include a hosted software solution (Platform) that allows you to create AI Voice Agents that can interact with your customers and stakeholders and respond to queries in a conversational manner. Our Platform allows you to:
1. Connect a phone number (typically acquired through Twilio) to our Platform
2. Integrate with calendar services (such as Cal.com)
3. Upload and manage contact lists
4. Configure AI Voice Agents for inbound and outbound calls
5. Record, transcribe, and analyze conversations
6. Generate voice responses using text-to-speech technology
Our Platform orchestrates various components including speech-to-text transcription, large language model (LLM) processing, and text-to-speech generation to provide a seamless conversational experience. The Platform optimizes for low latency and natural-sounding interactions by managing conversational flow, handling interruptions, filtering background noise, and more.
Third-Party Providers
Our Platform interacts with various third-party service providers (our "Providers") as part of the Services. When you use different aspects of the Services, we will be sharing your Content with each Provider, subject to each Provider's individual terms and conditions. We do not make any representations or warranties on any Provider's behalf, nor are we an agent of any such Provider. We principally provide you a platform to obtain the best experience possible for AI-enabled voice agents using each such Provider's capabilities.
Our Services are flexible and our Platform allows you to customize which third parties you would like to use. If you have existing accounts with any of our Providers, you can bring your own API keys to Callberry.ai. The fees we charge you bundle the usage fees from each of our Providers on a per-use basis, and our fee will be modified accordingly if you use your own Provider accounts.
You may need to have separate subscriptions with our Providers in certain instances. For example, if you would like to utilize specific voice generation providers, you may need to subscribe to an appropriate API plan with the respective Provider.
Use Restrictions
You agree not to, directly or indirectly (and will not permit any third party) to:
i. Do anything with the Services other than use them for your own use as intended under these Terms, including not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services;
ii. Use Callberry.ai's name, trademarks, service marks, trade names, designs, logos, photos, or any other materials we make available via the Services, except as allowed by these Terms;
iii. Remove, alter or destroy any copyright notices or other proprietary markings contained on or in the Services or infringe Callberry.ai's Intellectual Property Rights;
iv. Copy, modify, translate, adapt, merge, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services or its content, except as expressly permitted by these Terms;
v. Reverse engineer, duplicate, decompile, disassemble, or decode any part of the software we provide or the Services, or otherwise extract the source code of the software of the Service;
vi. Use any robot, spider, crawler, scraper, or other manual or automated means to access the Services, "scrape" or download data from any part of our Platform or our website, or extract any information that doesn't relate to your Content;
vii. Upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services;
viii. Disrupt or interfere with any web pages, servers, or networks connected to the Services;
ix. Attempt to detect, scan, or test any vulnerabilities of the Services or any of our or our Provider's system or network, or breach or override any security or authentication protections;
x. Impersonate another person or falsely represent your association with any other entity;
xi. Access the Service in ways that are not authorized by these Terms;
xii. Use the Service to produce datasets for neural network training, machine learning modeling, or developing templates or products for third parties;
xiii. Transmit, distribute, publish, use, or otherwise make available, through or in connection with the Services any material that would give rise to criminal or civil liability;
xiv. Create AI Voice Agents for any illegal purpose, including fraud, deception, harassment, or any violations of telecommunications laws;
xv. Use the Services to make unsolicited calls or send unsolicited messages in violation of applicable laws;
xvi. Use the Services to impersonate real individuals without their explicit consent;
xvii. Use the Services to record calls without proper notification to all parties as required by applicable law.
Callberry.ai will determine in our sole discretion whether any action violates the above rules.
Service Updates
You understand that the Services will evolve from time to time. You acknowledge and agree that Callberry.ai may update the Services with or without notifying you, including adding or removing features, products, or functionalities. Callberry.ai may also require you to accept updates to the software that you have installed on your system as applicable.
Fees
Usage of our Services is subject to the fees set out on our website or in your Subscription. The fees you pay will be directly correlated with the amount of voice minutes processed through Callberry.ai and other usage metrics as outlined in your Subscription.
We reserve the right to revise our fees, or introduce new features and benefits and charge additional amounts. Your costs under any Subscription will not change until your then-current term of subscription ends (e.g., if you are a monthly subscriber, then at the end of the month we may revise our fees for the next billing cycle).
Our fees are separate and apart from the fees our Providers charge or those third parties that you may have subscribed to yourself.
5. CREATING AN ACCOUNT
Registration
To access the Services, you must register and obtain login credentials for an Account and provide information as prompted by the account registration flow. You represent and warrant that: (a) all registration information you submit is truthful and accurate; and (b) you will maintain and promptly update such information to keep it true, accurate, current, and complete. You may delete your Account at any time, for any reason in accordance with Section 13.
Eligibility
The Services are only available to end-users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent and warrant that you are at least 18 years of age or over the age of majority in the state or country where you are a resident or citizen. You are not eligible to be a Client or an end-user if you are barred from using the Services under the laws of the European Union, the Czech Republic, or any other applicable jurisdiction.
User Information & Credentials
When you create an Account with Callberry.ai, you will be asked to choose credentials. You acknowledge and agree that you are exclusively responsible for the security and confidentiality of your login credentials and for all use of the Services and all related charges that may arise from such use of the Services in connection with your login credentials, with or without your knowledge. You may not share your Account or password with anyone, and you agree to notify Callberry.ai immediately of any actual or suspected unauthorized use of your Account, your password, or any other breach of security as related to the Services. Each end-user must maintain their own credentials.
6. INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP AND GRANTS
Your Content
When you utilize our Service, all materials uploaded to or transmitted via the Platform is your Content. You own all rights and title in your Content, including any Intellectual Property Rights. Callberry.ai does not claim any ownership of your Content or assert any rights under your Intellectual Property Rights other than as granted under these Terms.
Rights You Grant Us
i. You hereby grant Callberry.ai a worldwide, royalty-free, sublicensable license to host, store, cache, use, display, reproduce, modify, adapt, edit, analyze, transmit, and distribute ("Handle") your Content during the Term. This license to Handle is solely for the purpose of us and our Providers providing you the Services.
ii. You hereby grant Callberry.ai a right to use aggregated and anonymized data derived from your Content and usage of the Services to improve our AI models, enhance call features, improve voice detection, and optimize the overall performance of our Services. This use does not include capturing or using personal information of any caller or any information/inputs of a caller in respect of your business or the caller beyond what is necessary to provide and improve the Services.
iii. You agree that submission of any ideas, suggestions, documents, and/or proposals to Callberry.ai ("Feedback") is at your own risk and that Callberry.ai has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Callberry.ai a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable and transferable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback for any purpose.
Callberry.ai's Rights
The Services utilize technology, capabilities, and contain certain materials provided by us as well as our licensors, including but not limited to, all proprietary LLM content, information, software, images, text, graphics, illustrations, logos, and as applicable audio and video. Callberry.ai and its licensors reserve all ownership and Intellectual Property Rights to all parts of our Services. Your use rights, as set out under Section 4 above, are subject to compliance with these Terms and payment of the applicable fees.
Rights Granted to Third Parties
Providers that deliver part of our Services, whether pursuant to a contract directly with you or through us, require rights to Handle your Content as applicable to the service they provide. Each Provider has its own contractual terms that apply. Please review the specific terms of service or equivalent agreement which apply to the Provider that you elect to utilize for each of the Service components. While we expect each Provider to comport to industry norms and comply with their privacy policies and the license and rights granted to them under terms agreed upon with you, we do not monitor nor make any guarantees or warranties in respect of their compliance with their contractual and legal obligations.
7. AGGREGATE STATISTICS
Callberry.ai shall monitor your use of the Services, including the Platform, and collect and compile data and information related to all such use in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Platform ("Aggregated Statistics"). Such Aggregated Statistics are wholly owned by Callberry.ai with all rights reserved and may be used for operating, developing, providing, promoting, and improving the Services.
8. COMMUNICATIONS
By entering into these Terms or using the Services, you agree to receive communications from us, including via email and/or push notifications. Communications from us may include, but are not limited to, operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, and news concerning Callberry.ai and industry developments.
9. RECORDINGS AND CALL COMPLIANCE
Call Recording and Transcription
As part of the Services, all calls processed through our Platform are recorded and transcribed for quality assurance, improvement of our Services, and to provide you with access to conversation history. You acknowledge and agree that:
i. You are responsible for ensuring that all call recordings comply with applicable laws, including obtaining proper consent from all parties where required by law;
ii. You must inform call recipients that they are speaking with an AI Voice Agent when required by applicable law;
iii. You must provide appropriate notifications regarding call recording when required by applicable law;
iv. You must comply with all applicable telecommunications laws and regulations in your jurisdiction and in the jurisdictions where calls are being placed or received.
Retention of Recordings and Transcripts
Call recordings are retained for 12 months by default, and transcripts are retained for 24 months by default. You may adjust these retention periods through your Account settings, subject to any minimum retention requirements we may impose. After the applicable retention period, recordings and transcripts will be automatically deleted unless you have modified the retention settings.
10. DATA PROTECTION
Personal Data Processing
To the extent the Content includes personal data, as defined under applicable data protection laws, Callberry.ai acts as a data processor (or service provider) on your behalf. You remain the data controller (or business) with respect to such personal data and are responsible for ensuring you have a legal basis for collecting and processing such data through the Services.
Data Processing Agreement
If required by applicable law, Callberry.ai will enter into a data processing agreement with you governing the processing of personal data. Please contact us at support@callberry.ai to request a data processing agreement.
Sub-processors
You acknowledge and agree that Callberry.ai may engage sub-processors (including our Providers) to process personal data on your behalf. A current list of sub-processors is available upon request.
11. INDEMNIFICATION
Your Indemnification Obligation
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Callberry.ai, our directors, officers, shareholders, employees, licensors, providers, and agents ("Callberry.ai Parties") from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) (collectively, "Losses") due to, arising out of, or relating in any way to:
i. Your access to or use of the Services;
ii. Your breach of these Terms, any rights of another party, or any applicable law or regulation;
iii. Your Content or the combination of your Content with other applications, content, or processes;
iv. Any claims or actions related to the use of AI Voice Agents created through the Services, including claims of fraud, deception, invasion of privacy, or violation of telecommunications laws;
v. Your negligence or willful misconduct.
Callberry.ai reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Callberry.ai in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, these Terms, and/or your access to the Services.
Indemnification by Callberry.ai
Callberry.ai will defend, indemnify and hold harmless you and, as applicable, your officers, directors, employees, contractors, and licensors (collectively, "Subscriber Indemnitees"), from and against any costs, damages (including reasonable attorneys' fees) that are awarded in final judgment against or paid in settlement in connection with any action or suit brought against a Subscriber Indemnitee by a third party based upon a third-party claim that:
i. The Services, as provided by Callberry.ai pursuant to these Terms (exclusive of any Content), infringe any Intellectual Property Rights or misappropriate any trade secret, or
ii. Arises from or relates to the gross negligence, willful misconduct, fraud, or more culpable acts or omissions of Callberry.ai, violation of applicable law by Callberry.ai, or any breach by Callberry.ai of any of its representations or warranties hereunder.
Subscriber Indemnitees agree to provide Callberry.ai reasonable cooperation, at Callberry.ai's expense, in the defense and settlement of such claim, and Callberry.ai shall have sole authority to defend or settle such claim, provided (i) no settlement shall require payment or a confession or admission of fault by any Subscriber Indemnitees or require any Subscriber Indemnitee to take (or refrain from taking) any action without the applicable Subscriber Indemnitee's prior written consent, and (ii) if such claim relates to any Intellectual Property Rights or Confidential Information of the Subscriber Indemnitees, the Subscriber Indemnitees shall have sole control of the defense and settlement of such claim.
Injunctions
If your use of the Services is, or in Callberry.ai's reasonable opinion is likely to be, enjoined due to claims specified in Section 11(b), then Callberry.ai may at its sole option and expense (without limiting Callberry.ai's indemnity obligation to Subscriber Indemnitees):
i. Replace or modify the Services to make them non-infringing and of substantially equivalent functionality;
ii. Procure for you the right to continue using the Services under these Terms; or
iii. Terminate your rights and Callberry.ai's obligation under these Terms with respect to Services and refund to you a pro-rata portion of the fees paid in advance by you in respect of the Services.
Exclusions
Notwithstanding the terms of Sections 11(b) and 11(c), Callberry.ai will have no liability for any infringement or misappropriation claim of any kind to the extent that it results from:
i. Any modification or alteration of the Services by you or any third party other than as permitted in these Terms, or any user's failure to reasonably safeguard login credentials, if such claim would not have occurred but for such modification or alteration, or
ii. Your use of the Services other than as permitted in these Terms.
Sole Remedy
The foregoing states the entire obligation of Callberry.ai and its officers, directors, employees, permitted contractors, and licensors with respect to any infringement or misappropriation of third-party Intellectual Property Rights.
12. DISCLAIMER OF WARRANTIES AND CONDITIONS
No Warranties
You expressly understand and agree that, to the extent permitted by applicable law, your use of the Services is at your sole risk, and the Services are provided on an "as is" and "as available" basis, with all faults. Callberry.ai expressly disclaims all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Service Limitations
Except as explicitly provided hereunder, Callberry.ai makes no representation, warranty, or condition with respect to the Services, including but not limited to the quality, effectiveness, reliability, availability, timeliness, security, or accuracy of the Services, and those of the Providers. Callberry.ai makes no representation or warranty that the Services will be uninterrupted, error-free, or timely. The Services may be subject to delays, cancellations, and other disruptions.
AI Limitations
You acknowledge that AI technology has inherent limitations and may occasionally produce inaccurate, incomplete, or inappropriate outputs ("AI hallucinations"). Callberry.ai does not warrant that the AI Voice Agents will be free from such limitations. You are responsible for reviewing and verifying the outputs of AI Voice Agents before relying on them for business purposes. Callberry.ai is not liable for any decisions or actions taken based on AI-generated outputs.
No Advice or Information Warranty
No advice or information, whether oral or written, obtained from Callberry.ai or through the Services will create any warranty not expressly made in these Terms.
Call Volume Responsibility
Unless you have configured specific limits, we do not restrict incoming voice calls to our Platform. As such, you are responsible for payment of all the minutes utilized on our Platform, regardless of whether the voice traffic exceeded your expectations.
13. TERM AND TERMINATION
Term
These Terms commence on the earlier of the date you first opened an Account to use the Services or the date when you accepted these Terms, and these Terms will remain in full force and effect while you use the Services, unless terminated earlier in accordance with this Section.
Termination by Callberry.ai
If you have breached any provision of these Terms, if Callberry.ai is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), or if it is commercially impracticable for Callberry.ai to provide the Services, Callberry.ai has the right to, immediately and without notice, suspend or terminate any of the Services provided to you.
You agree that all terminations will be made in Callberry.ai's sole discretion and that Callberry.ai will not be liable to you or any third party for any termination of your Account, provided that if applicable, Callberry.ai shall refund you any prepaid amount, on a pro-rata basis, for any duration of the term of subscription to our Service which remains after the termination of your Account.
Termination by You
You may terminate these Terms at any time by canceling your Subscription and deleting your Account. To cancel your Subscription, you must follow the cancellation procedures specified on our website or contact our customer support at support@callberry.ai.
Effect of Termination
If Services are terminated for any reason, your use rights shall cease and you may not be able to access your Account and all related information or files associated with or inside your Account (or any part thereof) may be deleted. Callberry.ai will not have any liability whatsoever to you for any suspension or termination.
Survival
The following Sections shall survive any termination of your use right: Sections 6(a), 6(b)(iii), 6(c), 6(d), 7, 10, 11, 12, 13(d), 13(e), 14, 15, 16, 17, 19, 21, 22, 24, and 26.
14. LIMITATION OF LIABILITY
Disclaimer of Certain Damages
To the fullest extent provided by law, in no event will either party be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or service, in each case whether or not the party has been advised of the possibility of such damages, arising out of or in connection with these Terms or your use of the Services.
Cap on Liability
To the maximum extent permitted by law, each party will not be liable beyond the greater of (i) €100, (ii) the amount you paid us in the 12 months preceding the date of the activity giving rise to the claim. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the Terms herein may not fully apply to you.
15. GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law
These Terms and all related orders and subscriptions related hereto, and all matters arising out of or relating to these Terms, are governed by, and construed in accordance with, the laws of the Czech Republic, without giving effect to the conflict of laws provisions thereof.
Dispute Resolution
Any dispute arising from these Terms or related to them will be finally decided by the Czech courts of general jurisdiction, with the District Court in Břeclav (Okresní soud v Břeclavi) or the Regional Court in Brno (Krajský soud v Brně) having jurisdiction, depending on the subject-matter jurisdiction rules under Czech law.
No Class Actions
You may only resolve disputes with Callberry.ai on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Injunctive Relief
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights, confidential information, or for emergency relief in any court of competent jurisdiction.
16. CONFIDENTIALITY
Definition
"Confidential Information" means any non-public information disclosed by one party to the other, either directly or indirectly, in writing, orally or by inspection of tangible items, that is designated as "confidential" or reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, but is not limited to, business plans, technology, source code, technical documentation, product designs, customer lists, pricing information, and financial information.
Exclusions
Confidential Information does not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the disclosing party; (ii) was known to the receiving party prior to its disclosure by the disclosing party without breach of any obligation owed to the disclosing party; (iii) is received from a third party without breach of any obligation owed to the disclosing party; or (iv) was independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.
Protection of Confidential Information
Each party agrees to: (i) use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care); (ii) not use any Confidential Information of the other party for any purpose outside the scope of these Terms; and (iii) not disclose Confidential Information of the other party except to its employees, contractors, advisors, and agents who need to know such information and who are bound by confidentiality obligations at least as protective as those set forth herein.
Compelled Disclosure
If the receiving party is compelled by law to disclose Confidential Information of the disclosing party, it shall provide the disclosing party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the disclosing party's cost, if the disclosing party wishes to contest the disclosure.
Duration
The obligations in this Section 16 shall continue for a period of three (3) years after the termination of these Terms, provided that any trade secrets shall be protected for as long as they remain trade secrets under applicable law.
17. CHANGES TO TERMS
These Terms are subject to occasional revision by Callberry.ai. When changes are made, Callberry.ai will make a new copy of these Terms of Service available on the website and within the application. We will also update the date at the top of these Terms. If we make any substantial changes, and you have registered with us to create an Account, we will also send an email to you at the last e-mail address you provided to us to notify you.
Any changes to these Terms will be effective immediately for new registered users of the Services and will be effective 30 days after posting notice of such changes on the website for existing registered users, provided that any material changes will be effective for registered users who have an Account with us upon the earlier of 30 days after posting notice of such changes on the website or 30 days after dispatch of an e-mail notice of such changes to registered users.
Callberry.ai may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGES AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU WILL STOP USING THE SERVICES. OTHERWISE, YOUR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
18. INTERNATIONAL USE
The Services can be accessed from countries around the world and may contain references to features and services that are not available in your country. Callberry.ai makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
19. EXPORT CONTROL
You may not use, export, import, or transfer the Services except as authorized by the laws of the Czech Republic, the European Union, and the United States, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any embargoed countries, or (b) to anyone on sanctions lists maintained by the Czech Republic, the European Union, or the United States.
By using the Services, you represent and warrant that (i) you are not located in a country that is subject to embargo, or that has been designated as a "terrorist supporting" country and (ii) you are not listed on any sanctions list. You also will not use the Services for any purpose prohibited by applicable export control laws.
20. NOTICE
All notices required or permitted under these Terms will be in writing, will reference these Terms, and will be deemed given: (i) when delivered personally; (ii) one business day after deposit with a nationally recognized express courier, with written confirmation of receipt; (iii) three business days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (iv) when sent by email, on the date the email was sent if sent during normal business hours of the receiving party, and on the next business day if sent after normal business hours of the receiving party.
In the event that the last e-mail address you provided to Callberry.ai is not valid, or for any reason is not capable of delivering to you any notices required/permitted by these Terms, Callberry.ai's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Callberry.ai at the following email address: support@callberry.ai
21. ASSIGNMENT
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Callberry.ai's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Callberry.ai may assign these Terms and any other right or obligation to a party without any consent or notification requirement to you.
22. FORCE MAJEURE
Callberry.ai will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
23. SEVERABILITY, WAIVER
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
24. SOURCE CODE DISCLOSURES
Callberry.ai incorporates open source software under multiple permissive licenses. This website, the Services, and any distributions of Callberry.ai's software may include certain third-party libraries licensed under various open source licenses. The source code of these libraries is available as required by the respective licenses. A list of the open source components used in our Services is available upon request by contacting info@callberry.ai.
25. COMPLIANCE WITH AI VOICE CALLING REGULATIONS
By using our Service, you agree to comply with all applicable laws and regulations related to AI voice calling in the country or region you are operating or calling into. This includes, but is not limited to:
a. Identifying AI Voice Agents as automated systems when required by law;
b. Obtaining proper consent for recording calls;
c. Complying with applicable telemarketing and robocall regulations;
d. Respecting do-not-call lists and call time restrictions;
e. Adhering to data protection and privacy regulations.
You acknowledge that it is solely your responsibility to understand and adhere to these legal requirements. Furthermore, you agree that Callberry.ai is solely a platform provider and does not bear any responsibility for how you use the Service. Any misuse or non-compliance with applicable laws is entirely your decision and liability. Callberry.ai does not condone or support illegal activities in any jurisdiction.
26. FINAL TERMS
These Terms, along with any Callberry.ai ordering document or subscription agreement, make up the final, entire, and exclusive agreement between you and Callberry.ai with respect to the subject matter hereof and supersede any prior agreements and discussions, both written and oral, with respect to such subject matter. No purchase order or other document issued by you in respect of our Services shall control.
27. CONTACT US
Callberry.ai welcomes comments, questions, concerns, or suggestions. Please send us any inquiries at info@callberry.ai.
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