Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and CallWinback ("we," "our," or "us") governing your access to and use of the CallWinback platform, including our website at callwinback.com, AI voice agent services, SMS messaging services, and all related features (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

CallWinback is an AI-powered revenue recovery platform designed for home service businesses. Our Service includes:

• An AI voice agent that answers missed calls on behalf of your business, engages callers in natural conversation, qualifies leads, and captures job details
• Automated SMS follow-up messaging to re-engage missed callers with appropriate consent
• Email notifications alerting you to new leads and call summaries
• A dashboard for managing leads, calls, booked jobs, and business performance metrics
• A client portal for your team members to access call data and manage their accounts

3. SMS Messaging Terms

3.1 Consent

By providing your phone number to a business that uses CallWinback, or by calling a CallWinback-enabled phone number, you consent to receive automated SMS messages related to your service inquiry. Consent is not a condition of purchase. You may receive messages about your service request, appointment scheduling, and follow-up communications.

3.2 Opt-Out

You can opt out of SMS messages at any time. To stop receiving messages, reply STOP to any message from CallWinback. You will receive a one-time confirmation message and no further messages will be sent. You may also contact us at [email protected] to opt out.

3.3 Help

For help with SMS messaging, reply HELP to any message, or contact us at [email protected].

3.4 Carrier Liability

Carriers are not liable for any delayed or undelivered messages. Message delivery is subject to effective transmission from your wireless carrier and their policies.

4. Account Registration and Eligibility

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms.

5. Subscription and Billing

CallWinback offers subscription-based pricing. By subscribing to a paid plan, you agree to pay the applicable fees as described on our pricing page. Subscriptions are billed on a monthly basis unless otherwise specified.

• Billing Cycle: Subscriptions renew automatically at the end of each billing period unless cancelled
• Payment: All payments are processed securely through Stripe. You authorize us to charge your payment method on file
• Cancellation: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period
• Refunds: Fees are non-refundable except as required by law or at our sole discretion

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Send unsolicited or unauthorized messages (spam) through our SMS system
• Misrepresent your identity or the identity of your business
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to any part of the Service
• Use the Service for any illegal, fraudulent, or harmful purpose
• Transmit any malware, viruses, or other harmful code

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these Terms.

7. AI Voice Agent and Call Recording

Our AI voice agent operates on behalf of your business to handle missed calls. You acknowledge and agree that:

• The AI voice agent will identify itself and your business name when answering calls
• Calls may be recorded for quality assurance and to provide call summaries. Callers will be notified of recording at the start of each call
• The AI agent may extract information from conversations, including caller names, phone numbers, service requests, and scheduling preferences
• While our AI strives for accuracy, we do not guarantee that all information captured will be 100% accurate. You should verify critical details directly with callers
• You are responsible for ensuring that call recording complies with applicable laws in your jurisdiction, including two-party consent states

8. Intellectual Property

The Service and its original content, features, and functionality are owned by CallWinback and are protected by copyright, trademark, and other intellectual property laws. You retain ownership of any data you provide to the Service, including business information and customer data. You grant us a limited license to use this data solely to provide the Service to you.

9. Limitation of Liability

To the maximum extent permitted by law, CallWinback shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use of the Service. Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, 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, or that any defects will be corrected.

11. Indemnification

You agree to indemnify, defend, and hold harmless CallWinback and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the updated Terms.

15. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. Please review our Privacy Policy for more information.

16. Contact Us

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