These Terms of Service (“Terms”) govern your access to and use of the Callenova website, AI voice and text agent services, and related tools (collectively, the “Service”). By creating an account, purchasing a subscription, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Definitions
- “Business” means the company or individual that signs up for and uses Callenova to handle calls and messages on behalf of their organization.
- “Caller” means any person who calls or texts a Callenova-powered phone number.
- “Agent” means the AI voice or text agent configured by a Business to answer calls and messages.
- “Content” means any information, data, audio, text, or other material transmitted through the Service.
2. Eligibility and Accounts
You must be at least 18 years old and authorized to bind your Business to these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Callenova reserves the right to suspend or terminate accounts that violate these Terms.
3. Service Description
Callenova provides AI-powered voice and text agents that answer inbound calls and messages, collect information, route calls, book appointments, and perform other tasks configured by the Business. The Service relies on third-party carriers, platforms, and integrations (such as Twilio, Stripe, and Google Calendar). Callenova is not a telecommunications provider and does not guarantee uninterrupted or error-free service.
4. Business Responsibilities
- You are solely responsible for the content, scripts, and instructions provided to your Agent.
- You must comply with all applicable laws, including telemarketing, privacy, call-recording, and SMS consent regulations.
- You must obtain any required consent from Callers before recording calls or sending automated messages.
- You are responsible for configuring accurate forwarding, scheduling, and notification settings.
5. Acceptable Use
You may not use the Service for unlawful, fraudulent, abusive, or harmful purposes. Prohibited uses include: spamming, spoofing caller ID, transmitting illegal content, circumventing usage limits, reverse engineering the Service, or interfering with other users or networks.
6. Subscription, Billing, and Cancellation
Callenova offers subscription plans as described on our Pricing page. Fees are billed in advance for each billing period. Overage fees apply to usage beyond your plan's included minutes and are billed in arrears. You may upgrade, downgrade, or cancel your subscription from your dashboard. Downgrades and cancellations take effect at the end of the current billing period, and your service remains available until then.
7. Refund Policy (No Refunds After Activation)
Subscription fees are earned by Callenova upon activation of the billing period and are non-refundable. Activation occurs at the earlier of: (a) completion of checkout, or (b) the first use of the Service in that billing period, including the first call minute handled, the first message sent or received, or the provisioning or forwarding of a phone number.
Once a billing period has been activated, all fees for that period — including subscription fees, overage charges, and any add-on fees — are final and non-refundable, in whole or in part, regardless of the extent of use. This applies even if only a single minute or message is used, and even if the Service is not used at all after activation. We do not issue prorated or partial refunds for unused minutes, unused time remaining in a period, or cancellations made mid-period.
Cancelling a subscription stops future renewals; it does not refund the current billing period. Prepaid multi-month plans (3-month, 6-month and 12-month terms) are billed upfront for the full committed term and are non-refundable if cancelled early, in whole or in part. Nothing in this section limits any rights you have that cannot be waived under applicable law, and Callenova may, at its sole discretion and without creating an obligation or precedent, issue a credit in cases of verified service failure attributable to Callenova.
8. Intellectual Property
Callenova owns all rights, title, and interest in the Service, including software, branding, and documentation. You retain ownership of your Content. By using the Service, you grant Callenova a limited license to process your Content solely as necessary to provide and improve the Service.
9. Confidentiality and Data Security
We implement reasonable administrative, technical, and physical safeguards to protect your data. However, no system is completely secure. You acknowledge that transmitting information over the internet carries inherent risks. Our Privacy Policy explains how we collect, use, and share information.
10. Limitation of Liability
To the fullest extent permitted by law, Callenova and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data, arising out of or relating to your use of the Service. Our total liability shall not exceed the amount paid by you to Callenova in the twelve (12) months preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless Callenova from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Service, your Content, or your violation of these Terms or any third-party rights.
12. Modifications to the Service or Terms
Callenova may update these Terms or the Service at any time. Material changes will be communicated via email or dashboard notice. Continued use of the Service after changes constitutes acceptance of the revised Terms.
13. Termination
Either party may terminate the Service at any time. Upon termination, your access to the Service will cease and your data may be deleted in accordance with our data retention practices. Provisions that by their nature should survive termination will survive.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Michigan.
15. SMS Messaging Terms
Users may opt in to receive transactional and conversational text messages from Callenova related to an inquiry, conversation or appointment they initiated. Message frequency varies. Message and data rates may apply. Reply STOP at any time to opt out or HELP for assistance. Consent to receive text messages is not a condition of purchasing Callenova's services. For assistance, contact support@callenova.com. Our handling of mobile information and messaging consent is described in our Privacy Policy at https://callenova.com/privacy.
16. Contact Us
Questions about these Terms may be sent to support@callenova.com.