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Terms of Service

Effective date: May 16, 2026

These Terms of Service (the “Terms”) form a binding agreement between you and Callly (“Callly,” “we,” “us,” or “our”) governing your access to and use of our website, customer portal, AI-powered call answering, transcription, and appointment-booking services (collectively, the “Service”). By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you are accepting these Terms on behalf of a business or other entity, you represent that you have authority to bind that entity, in which case “you” and “Customer” refer to that entity.

1. The Service

Callly provides software that answers inbound phone calls on behalf of Customers using AI, captures caller details, books appointments, and presents transcripts and summaries in a web portal. We may add, change, or remove features at any time. We will not materially reduce the core functionality of a paid subscription during a paid term without notice.

2. Eligibility and accounts

  • You must be at least 18 years old and able to enter a binding contract.
  • You are responsible for the accuracy of registration information, for safeguarding your credentials, and for all activity that occurs under your account.
  • You must notify us promptly at support@callly.io if you suspect unauthorized access to your account.
  • One person or entity may not maintain more than one free account, and you may not share accounts with others outside your authorized users.

3. Customer Data and license to Callly

“Customer Data” means information you or your authorized users submit to the Service, plus call transcripts, AI summaries, appointment records, and call metadata generated for you. As between you and Callly, you own your Customer Data.

You grant Callly a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, and display Customer Data as needed to provide, secure, and improve the Service and to comply with law. You also grant us the right to use de-identified and aggregated data (which does not identify you or any individual) for analytics, benchmarking, and product improvement.

Callly does not record or store call audio. Audio is processed in real time to produce a text transcript and then discarded. See our Privacy Policy for details on how we handle information.

4. Customer responsibilities

The Service places an AI agent on your phone line. You are responsible for:

  • Caller notice and consent. Providing any notices or obtaining any consents required by applicable law before your calls are answered, transcribed, or otherwise processed by Callly, including under state two-party-consent laws and any disclosures about AI-generated voices.
  • Telemarketing and outbound contact. Complying with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, state mini-TCPA laws (including Florida and Oklahoma), CAN-SPAM, and any A2P 10DLC or other carrier registration requirements for outbound calls and SMS.
  • Do Not Call. Honoring federal and state Do Not Call lists and internal do-not-contact requests, and maintaining records of consent for outbound contact.
  • Industry rules. Complying with any industry-specific laws applicable to your business (for example, HIPAA for protected health information). The Service is not currently offered as a HIPAA-compliant service, and you must not submit protected health information without a written agreement from us.
  • Your end users. Ensuring that anyone using your account follows these Terms, and managing access controls for your authorized users.

5. Acceptable use

You may not, and may not allow anyone else to:

  • Use the Service to make unlawful, harassing, threatening, defamatory, deceptive, or fraudulent communications, including illegal robocalls or impersonation.
  • Use the Service to send spam, distribute malware, conduct phishing, or interfere with the operation of any network or system.
  • Use the Service to record, transcribe, or process a call without legally required notice or consent.
  • Reverse engineer, decompile, or attempt to derive the source code or underlying models of the Service, except to the extent applicable law expressly permits despite this restriction.
  • Resell, sublicense, or make the Service available to any third party except your own authorized users, or use the Service to build a competing product.
  • Probe, scan, scrape, overload, or test the vulnerability of the Service without written permission.
  • Submit content that infringes intellectual property rights, violates privacy or publicity rights, or contains child sexual abuse material or other content prohibited by law.

We may investigate suspected violations and take any action we believe is appropriate, including suspending or terminating accounts.

6. Phone numbers, telephony, and SMS

Callly may provision phone numbers from upstream telephony providers for use with the Service. You acknowledge that:

  • Phone numbers are licensed, not sold. We do not guarantee that you can keep or port any specific number, except as required by law.
  • Number assignments, routing, and feature availability depend on third-party carriers and may change.
  • Outbound voice and SMS use is subject to carrier rules, registration requirements (such as A2P 10DLC), and applicable law. We may filter, throttle, or block traffic that creates compliance or abuse risk.
  • Emergency services. The Service is not a replacement for a traditional telephone line and may not be used to place calls to emergency services such as 911. Do not rely on the Service for emergency communications.

7. AI output

The Service uses machine learning to understand callers, draft responses, and generate summaries. AI output may be incomplete, inaccurate, or otherwise unsuitable for a particular purpose, and may misinterpret what a caller said. You are responsible for reviewing AI output before relying on it for any decision that has legal, financial, medical, or safety consequences. We do not warrant that AI output is correct or fit for any particular use.

8. Third-party services

The Service interoperates with third-party services (such as Google Calendar, telephony carriers, AI/voice providers, and payment processors). Your use of those services is subject to their terms and privacy policies, not these Terms. We are not responsible for, and disclaim all liability arising from, third-party services or your use of them.

9. Fees, billing, and taxes

  • Paid plans, usage fees, and any one-time charges are described on our website, in your order, or in the portal. All fees are stated in U.S. dollars unless we say otherwise.
  • You authorize us and our payment processor to charge your chosen payment method on a recurring basis for subscription fees and for usage-based charges as they accrue.
  • Fees are non-refundable except as required by law or expressly stated by us. Failed payments may result in suspension after notice.
  • Fees do not include taxes. You are responsible for any sales, use, VAT, GST, or similar taxes, excluding taxes on our net income.
  • We may change fees on at least 30 days' notice. Changes take effect at the start of your next billing period.

10. Free trials and early access

We may offer free trials, beta features, or early-access versions of the Service. Trial and beta features are provided “AS IS” and may be modified or discontinued at any time. We may impose usage limits and may convert trial accounts to paid plans on notice.

11. Term, termination, and suspension

  • These Terms apply from the date you first accept them and continue until terminated.
  • You may terminate at any time by closing your account in the portal or by emailing support@callly.io. Fees already paid for the current billing period are not refundable.
  • We may suspend or terminate your access immediately if you materially breach these Terms, if your use creates legal, security, or abuse risk, or if required by law.
  • On termination, your right to use the Service ends. We may delete Customer Data after a reasonable wind-down period as described in our Privacy Policy. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

12. Intellectual property

The Service, including all software, models, designs, text, graphics, and the Callly name and marks, is owned by Callly and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during the term of these Terms, subject to your compliance with them. No other rights are granted by implication or estoppel.

If you submit suggestions, ideas, or feedback about the Service, you grant us a perpetual, royalty-free, worldwide license to use them without obligation to you.

13. Confidentiality

Each party may receive non-public information of the other that is marked or that should reasonably be understood to be confidential. The recipient will use the same degree of care it uses to protect its own confidential information (and no less than reasonable care), will use it only to perform under these Terms, and will not disclose it to third parties except to its personnel and advisors who need to know and are bound by similar duties. Confidentiality obligations do not apply to information that is or becomes public through no fault of the recipient, is independently developed, or is rightfully obtained from a third party.

14. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, CALLLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUT WILL BE ACCURATE.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO CALLLY FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) USD $100. These limits apply regardless of the form of action and even if a remedy fails its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

16. Indemnification

You will defend, indemnify, and hold harmless Callly and its officers, directors, employees, and agents from and against any third-party claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your or your authorized users' use of the Service, (b) Customer Data, (c) your violation of these Terms or applicable law (including TCPA, recording, and consent laws), or (d) your products, services, or business operations. We will promptly notify you of the claim, give you reasonable control of its defense, and cooperate at your expense. You may not settle a claim that imposes any obligation or liability on us without our prior written consent.

17. Governing law and venue

These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws rules. The federal Arbitration Act does not apply. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Michigan for any dispute arising out of or related to these Terms or the Service, and waive any objection to that venue.

18. Informal dispute resolution

Before filing a lawsuit, the parties will attempt in good faith to resolve any dispute informally for at least 30 days after written notice to the other party at the contact information below (for notices to you, the email address on your account). This requirement does not apply to claims for injunctive relief or to protect intellectual property rights.

19. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service before they take effect. The “Effective date” at the top reflects the latest revision. Your continued use of the Service after changes take effect constitutes acceptance.

20. Miscellaneous

  • Entire agreement. These Terms and any referenced policies (including our Privacy Policy) are the entire agreement between the parties regarding the Service and supersede prior agreements on the subject.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets. Any other purported assignment is void.
  • Notices. Notices to Callly must be sent to support@callly.io. Notices to you may be sent to the email address on your account or posted in the portal.
  • Severability. If any provision is held unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
  • No waiver. Failure to enforce a provision is not a waiver of the right to do so later.
  • Independent contractors. The parties are independent contractors. These Terms do not create an agency, partnership, joint venture, or employment relationship.
  • Force majeure. Neither party is liable for failure or delay caused by circumstances beyond its reasonable control.

21. Contact

Questions about these Terms can be sent to support@callly.io.

Terms of Service | Callly