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Get the reportThese Terms & Conditions (“Terms” or “Agreement”) govern access to and use of the products, software, platforms, APIs, applications, artificial intelligence systems and related services provided by Callveriq, Inc., a corporation incorporated in the State of Delaware, United States and its affiliates (“Callveriq”, “we”, “us” or “our”).
Please read these Terms carefully.
By accessing or using any Callveriq Service, executing an Order Form referencing these Terms, creating an account, or otherwise using the Service, you (“Customer”, “you” or “your”) agree to be bound by this Agreement.
If you are accepting these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation.
An applicable order form, statement of work, subscription agreement or other written ordering document entered into between Customer and Callveriq is referred to as an “Order Form.” If an Order Form expressly conflicts with these Terms, the Order Form will prevail solely with respect to that conflict.
“Service” means Callveriq's software, AI systems, applications, APIs, dashboards, integrations, agents and related services made available to Customer, including, as applicable:
a. Conversation Intelligence and Post-Interaction Intelligence
Services that record, ingest, transcribe, analyse, classify, summarise, evaluate or otherwise process customer interactions across voice, video, chat, messaging, email or other communication channels.
These capabilities may include:
b. Real-Time Assistance
Services that analyse conversations or other available context while an interaction is taking place and provide information, prompts, alerts, recommendations, knowledge, next-best-action suggestions, compliance guidance or other assistance to authorised users.
c. Callveriq Sense and Customer Journey Intelligence
Services that use customer interactions, CRM information, behavioural signals, campaign data, customer journey events and other authorised information to understand customer context and determine, recommend, coordinate or initiate appropriate next actions.
Depending on Customer configuration, such actions may include communications or workflows across:
d. AI Agents and Automated Communications
AI-powered agents that may conduct or assist with inbound or outbound interactions, respond to customers, qualify intent, collect information, provide information, schedule follow-ups, route conversations, trigger workflows or perform other Customer-configured tasks.
e. Integrations and APIs
Integrations with CRM systems, diallers, telephony providers, messaging platforms, email platforms, customer-data systems, workflow systems and other third-party services.
The Service may also include implementation, configuration, support or professional services where specified in an applicable Order Form.
Callveriq may improve, modify, add to or replace functionality within the Service from time to time.
Product names, interfaces, artificial intelligence models, underlying technologies and individual functionality may change without requiring amendment of these Terms, provided that Callveriq does not materially reduce the core functionality purchased by Customer during the applicable Subscription Term, except where reasonably necessary for security, legal, regulatory or third-party dependency reasons.
Subject to payment of applicable fees and compliance with this Agreement, Callveriq grants Customer a limited, non-exclusive, non-transferable and non-sublicensable right during the applicable Subscription Term to access and use the Service for Customer's internal business purposes.
Customer may permit its employees, contractors, agents or other individuals authorised by Customer (“Authorised Users”) to access the Service to the extent permitted under the applicable Order Form.
Customer is responsible for:
Access rights are personal to individual Authorised Users and may not be shared unless expressly supported by the Service.
Callveriq may provide all or part of the Service on a trial, pilot, proof-of-concept or evaluation basis.
Unless otherwise agreed in writing, Callveriq may modify, suspend or terminate an evaluation Service at any time.
Evaluation Services are provided “AS IS” and “AS AVAILABLE”, without warranties, service-level commitments or obligations regarding continued availability.
Data generated during an evaluation may be deleted following completion or termination of the evaluation in accordance with Callveriq's applicable data-retention practices.
“Customer Data” means information, data or content submitted to, transmitted to, collected through or otherwise made available to Callveriq by or on behalf of Customer in connection with the Service.
Customer Data may include:
As between Customer and Callveriq, Customer retains all rights, title and interest in Customer Data.
Customer grants Callveriq and its authorised subprocessors the rights necessary to host, reproduce, transmit, process, analyse and otherwise use Customer Data solely as necessary to:
Customer represents and warrants that it has all rights, permissions, consents and lawful bases necessary to provide Customer Data to Callveriq and permit Callveriq to process such Customer Data as contemplated by this Agreement.
Where Callveriq processes Personal Data on behalf of Customer, the parties' applicable Data Processing Agreement (“DPA”) is incorporated into this Agreement by reference.
Unless otherwise specified, Customer determines the purposes and means for which Customer Data is collected and processed through the Service.
Customer is responsible for its obligations as controller, data fiduciary, business or equivalent role under applicable privacy and data-protection laws.
Callveriq will process Customer Data in accordance with the Agreement, applicable DPA and Customer's lawful instructions.
Callveriq will maintain commercially reasonable administrative, organisational, physical and technical safeguards designed to protect Customer Data against unauthorised access, use, disclosure, alteration or destruction.
No system can be guaranteed to be completely secure, and Callveriq does not warrant that unauthorised third parties will never be able to defeat security measures.
Because portions of the Service may record communications or initiate communications with Customer's customers, prospects, leads, employees or other persons (“End Customers”), Customer is responsible for determining whether and how such functionality may lawfully be used.
Customer is solely responsible for:
Where the Service sends, schedules, recommends or initiates communications based on Customer Data, campaign configurations, workflow rules or instructions, those communications are deemed to have been initiated on Customer's behalf.
Customer remains responsible for determining whether the communication should be made and whether it complies with applicable law.
Customer must honour applicable withdrawal-of-consent, unsubscribe, do-not-contact and other opt-out requests and must configure the Service appropriately where necessary to prevent further communications.
Certain features of the Service use artificial intelligence, machine learning, statistical models or automated decision-support systems.
The Service may produce:
(collectively, “AI Outputs”).
Artificial intelligence systems are probabilistic.
AI Outputs may occasionally be incomplete, inaccurate, misleading or inappropriate and should not automatically be treated as statements of fact.
Customer acknowledges that:
Customer is responsible for determining the appropriate level of human review and oversight for its use of AI Outputs.
Callveriq's Service is intended to assist or automate Customer-defined business processes; it does not replace Customer's responsibility for its business decisions.
Customer will not rely solely on AI Outputs to make decisions that have legal or similarly significant effects on individuals where such reliance is prohibited by applicable law.
Where AI Outputs are used in connection with matters such as credit, collections, insurance, healthcare, employment, eligibility, pricing, financial services or other regulated activities, Customer is responsible for ensuring appropriate legal review, safeguards and human oversight.
AI Outputs do not constitute legal, financial, medical, regulatory or other professional advice.
Customer is responsible for obtaining appropriate professional advice where required.
Certain Service functionality may automatically recommend, schedule or execute actions using Customer-configured rules, objectives, data or permissions.
For example, the Service may:
Customer controls which systems, data, permissions, policies and business rules are made available to the Service.
Customer is responsible for reviewing the configuration of automated workflows before production deployment and for implementing appropriate restrictions, approval processes and safeguards.
Callveriq will not be liable for actions resulting from incorrect Customer Data, Customer-configured rules, Customer instructions, third-party system behaviour or permissions provided by Customer, except to the extent directly caused by Callveriq's breach of this Agreement.
The Service may interoperate with third-party services, including telecommunications providers, messaging platforms, WhatsApp providers, email providers, cloud platforms, CRM systems, diallers and other software or infrastructure providers (“Third-Party Services”).
Customer authorises Callveriq to exchange Customer Data with Third-Party Services where necessary to provide integrations or functionality requested by Customer.
Use of Third-Party Services may be subject to separate terms, policies, usage limits, pricing or restrictions imposed by the applicable provider.
Callveriq does not control and is not responsible for:
except to the extent expressly stated in an applicable Order Form.
Customer and its Authorised Users will not:
Callveriq may suspend access to the Service where reasonably necessary to address security threats, unlawful use, material breach of this Agreement or material risk to Callveriq, its customers or third-party providers.
Customer will pay the fees specified in the applicable Order Form.
Charges may include, depending on the Service purchased:
Telephony, carrier, telephone-number, WhatsApp, SMS, messaging, cloud or other third-party charges may be billed separately unless expressly included in the applicable Order Form.
Fees exclude applicable taxes, duties, levies and governmental assessments unless otherwise stated.
Customer is responsible for applicable taxes other than taxes based on Callveriq's net income.
Overdue undisputed amounts may accrue interest at the lesser of one percent (1%) per month or the maximum rate permitted by applicable law.
Callveriq may suspend the Service for materially overdue undisputed payments after providing reasonable notice.
Except as expressly stated in this Agreement or an Order Form, payment obligations are non-cancellable and fees paid are non-refundable.
Callveriq and its licensors retain all rights, title and interest in and to:
Except for the limited rights expressly granted under this Agreement, no rights are granted to Customer.
Callveriq does not acquire ownership of Customer Data by providing the Service.
Callveriq may collect and use information regarding operation, performance and use of the Service to maintain, secure, support and improve the Service.
Callveriq may also use information derived from Customer's use of the Service where such information has been aggregated or de-identified so that it does not identify Customer, an Authorised User or an End Customer.
If Customer provides suggestions, ideas or feedback regarding the Service, Customer grants Callveriq an unrestricted, perpetual and royalty-free right to use such feedback without obligation to Customer.
“Confidential Information” means non-public information disclosed by one party to the other that is identified as confidential or reasonably should be understood to be confidential given its nature and the circumstances of disclosure.
Customer Confidential Information includes Customer Data.
Callveriq Confidential Information includes non-public information regarding the Service, technology, pricing, product architecture, models, security, performance and functionality.
Each party will:
Confidential Information does not include information that:
A party may disclose Confidential Information where required by law, subject to providing advance notice where legally permitted.
Callveriq will use commercially reasonable efforts to make the Service available and operational.
Unless an applicable Order Form or Service Level Agreement expressly provides otherwise, Callveriq does not guarantee uninterrupted or error-free operation.
The Service may temporarily be unavailable because of:
Each party represents that it has the legal authority to enter into this Agreement.
Callveriq warrants that during the applicable Subscription Term the Service will perform in all material respects in accordance with its applicable documentation.
Customer's exclusive remedy for breach of this warranty is for Callveriq to use commercially reasonable efforts to correct the affected Service.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, AI OUTPUTS AND ASSOCIATED TECHNOLOGY ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
CALLVERIQ DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
CALLVERIQ DOES NOT WARRANT THAT:
Callveriq will defend Customer against a third-party claim alleging that Customer's authorised use of the Service infringes such third party's intellectual-property rights and will indemnify Customer against damages finally awarded or amounts agreed in settlement by Callveriq.
Callveriq will have no obligation to the extent a claim arises from:
Where infringement is reasonably likely, Callveriq may:
Customer will defend, indemnify and hold harmless Callveriq and its affiliates, officers, directors and personnel against third-party claims arising from:
The indemnified party must provide prompt written notice of the claim and reasonable cooperation.
The indemnifying party will control the defence and settlement, provided that it may not enter into a settlement that admits liability or imposes material obligations on the indemnified party without prior written consent.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS, REVENUE, GOODWILL OR DATA, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED, CUSTOMER'S PAYMENT OBLIGATIONS, A PARTY'S INDEMNIFICATION OBLIGATIONS, OR BREACH OF CONFIDENTIALITY OR INTELLECTUAL-PROPERTY OBLIGATIONS, EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO CALLVERIQ FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations in this Section are fundamental elements of the commercial agreement between the parties.
The initial Subscription Term will be specified in the applicable Order Form.
Unless otherwise provided in an Order Form, subscriptions may renew for additional periods in accordance with the renewal terms stated in that Order Form.
Either party may terminate this Agreement where the other party:
Upon termination or expiration:
Unless otherwise agreed in the Order Form or DPA, Customer should request such export within thirty (30) days following termination.
Following the applicable retention period, Callveriq may delete Customer Data except where retention is required by law.
Provisions relating to payment obligations, intellectual property, confidentiality, disclaimers, indemnification, limitation of liability, governing law and other provisions that by their nature should survive will survive termination.
Callveriq may suspend Customer's access to all or part of the Service where reasonably necessary because of:
Where reasonably practicable, Callveriq will notify Customer and work with Customer to restore access once the underlying issue has been resolved.
Callveriq respects intellectual-property rights.
A person who believes that material made available through the Service infringes their copyright or other intellectual-property rights may contact Callveriq at ceo@callveriq.com with sufficient information to:
Where applicable, Callveriq may process copyright complaints in accordance with relevant statutory notice-and-takedown procedures.
This Agreement will be governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.
Subject to any dispute-resolution procedure expressly agreed in an Order Form, the parties submit to the exclusive jurisdiction of the competent courts in the State of Delaware, United States.
Nothing in this Section prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction.
Neither party will be liable for delay or failure to perform its obligations, other than payment obligations, where such delay or failure results from events beyond its reasonable control.
Such events may include natural disasters, acts of government, war, terrorism, civil disturbance, epidemics, widespread internet or telecommunications failures, utility failures, labour disputes, cloud infrastructure failures or failures of critical third-party communications infrastructure.
Callveriq may update these Terms from time to time to reflect:
The updated Terms will indicate the date of the latest revision.
Where a change materially affects an existing Customer's rights or obligations, Callveriq will provide reasonable notice where required by applicable law or the applicable Order Form.
Changes will not retroactively reduce rights expressly granted under an executed Order Form unless agreed by the parties or required by law.
These Terms, applicable Order Forms, the DPA, Privacy Policy and any other documents expressly incorporated by reference constitute the entire agreement between the parties concerning the Service and supersede prior discussions or agreements relating to their subject matter.
The parties are independent contractors.
Nothing in this Agreement creates a partnership, joint venture, employment relationship, fiduciary relationship or agency between the parties.
Callveriq's provision of AI-generated recommendations or automated actions does not create an agency or fiduciary relationship between Callveriq and Customer or between Callveriq and an End Customer.
24.3 Assignment
Neither party may assign this Agreement without the other party's prior written consent, except that either party may assign the Agreement in connection with a merger, reorganisation, acquisition or sale of substantially all of its relevant business or assets.
If any provision of this Agreement is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable and the remaining provisions will remain in effect.
Failure to enforce a provision of this Agreement does not constitute a waiver of that provision.
In the event of a conflict, the following order of precedence will apply unless expressly stated otherwise:
Customer acknowledges that purchases are not contingent on the delivery of future functionality, features or product roadmap items unless expressly stated in an executed Order Form.
Questions regarding these Terms may be sent to:
Callveriq, Inc. — 6201 WOODWARD AVE APT D, BELL, CA 90201
Email: ceo@callveriq.com
©Callveriq, Inc. All rights reserved.
