Terms of Service

Effective Date: 12/01/2025

Last Updated: 12/01/2025

1. Introduction and Acceptance

1.1 Binding Agreement. These Terms of Service ("Terms") form a legally binding contract between Callbetter LLC ("Callbetter," "we," "us," "our") and you ("User," "Client," "Customer").

1.2 Acceptance. By creating an account, downloading our software, or using our API/Services, you expressly agree to these Terms. If you do not agree, you must immediately discontinue use.

1.3 Authority. If you are registering on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

1.4 Privacy Policy Integration. Your use of the Services is also subject to our Privacy Policy, located at Privacy Policy, which is hereby incorporated by reference into these Terms. By using the Services, you acknowledge that you have read, understood, and agreed to the data collection, storage, and processing practices described in our Privacy Policy.

1.5 Business Use Only. You represent and warrant that you are purchasing the Services for business, commercial, or professional use only, and not for personal, family, or household purposes. Accordingly, you acknowledge that consumer protection laws (e.g., consumer warranty rights) do not apply to this Agreement.

2. Service Description & Account Security

2.1 "Know Your Customer" (KYC). To prevent fraud and comply with telecommunications regulations, Callbetter reserves the right to request identity verification documentation (Business Registration, Driver's License, etc.). Failure to provide this may result in immediate account suspension.

2.2 Unauthorized Access. You are responsible for all usage on your account. You must notify Callbetter immediately of any unauthorized use. You acknowledge that Callbetter is not liable for losses caused by credential theft or "toll fraud" committed by third parties against your account.

2.3 Number Reclamation. Callbetter reserves the right to reclaim and release any telephone number from your account if: (a) your account is suspended for non-payment for more than thirty (30) days; or (b) the number has no usage activity (inbound or outbound calls) for ninety (90) consecutive days. You acknowledge that once a number is reclaimed, it may be immediately reassigned to another customer or released to the carrier, and you generally cannot recover it.

2.4 CPNI (Customer Proprietary Network Information). You acknowledge that Callbetter utilizes your Customer Proprietary Network Information ("CPNI")—which includes data regarding the quantity, technical configuration, type, destination, location, and amount of use of your telecommunications services—to provide the Services. In compliance with FCC regulations, you hereby consent to Callbetter's use of your CPNI to: (a) prevent fraud and unlawful use of the Services; (b) resolve billing disputes; (c) protect the security of Callbetter's network; and (d) offer you additional services, features, or products relevant to your usage patterns.

3. Emergency Services (E911) – CRITICAL DISCLAIMER

3.1 Non-Traditional Service. Callbetter provides "Nomadic" VoIP services. You acknowledge that this is NOT a traditional landline.

3.2 Ray Baum's Act & Registered Location. You acknowledge that Callbetter utilizes the public internet to provide service and that the physical location of your device may change. To comply with the FCC's "Ray Baum's Act," you agree to register a physical address ("Registered Location") for every user and affirmatively agree to update this Registered Location in your account settings immediately whenever a device is moved to a new physical location.

3.3 Softphone Limitations. If you dial 911 from a location other than your Registered Location, emergency personnel will not be able to locate you unless you verbally provide your address.

3.4 Service Failure. 911 Services will FAIL if:

  • You lose internet connectivity.
  • You lose electrical power.
  • Your account is suspended for non-payment.

3.5 Indemnification. You agree to indemnify and hold Callbetter harmless from any and all claims, deaths, or damages resulting from your failure to maintain an accurate Registered Location.

4. Call Recording & Compliance

4.1 System Recording. You agree that Callbetter may record call metadata and audio for internal system diagnostics, quality assurance, and transcription features.

4.2 Compliance Tools & User Control. Callbetter provides an automated compliance notification feature ("The Toggle"). You acknowledge that you have full administrative control over this feature and the ability to enable or disable it at your sole discretion. Callbetter makes no representation that the use of The Toggle guarantees compliance with applicable laws. You agree that you are solely responsible for configuring the Services to comply with the laws of your jurisdiction and the jurisdiction of your call recipients.

4.3 Indemnification for Recording. You are solely responsible for determining and satisfying the specific consent requirements applicable to your calls, including where the law mandates active verbal consent rather than passive notification. You agree to fully defend, indemnify, and hold Callbetter harmless from any claims, fines, or penalties arising from your recording activities, regardless of whether Callbetter's automated notifications were enabled, disabled, or deemed legally insufficient to establish the required consent.

4.4 AI Processing & Third-Party Interception (CIPA Consent). You explicitly acknowledge and agree that Callbetter utilizes third-party artificial intelligence engines and sub-processors (including but not limited to OpenAI, AssemblyAI, or Deepgram) to provide real-time transcription, sentiment analysis, and call intelligence services.

  • Consent to Interception: By using the Services, you expressly consent—and represent that you have obtained the necessary consent from all call participants—to the real-time interception, monitoring, and processing of the audio stream by these third-party vendors for the purpose of generating transcripts and AI insights.
  • Waiver: You hereby waive any claim that such real-time processing constitutes unauthorized "eavesdropping," "wiretapping," or a violation of the California Invasion of Privacy Act (CIPA) or similar state statutes, as the involvement of these third-party processors is essential to the functionality of the Services you have purchased.

5. Acceptable Use Policy (AUP) & Restrictions

5.1 Reasonable Business Use Policy. Callbetter's "Unlimited" plans are intended solely for Normal Business Use (customary conversational usage between two individuals). You may not use the Service for: (a) Call Center Operations (unless on a specific Enterprise plan); (b) Auto-dialing or predictive dialing; (c) Continuous or extensive call forwarding; or (d) High-volume short duration calls (under 6 seconds). Callbetter reserves the right to terminate or re-rate usage that falls outside these patterns.

5.2 Prohibited Traffic. You may not use the Service to transmit:

  • Harassment, hate speech, or threats.
  • "Shaft" traffic (Tobacco, Alcohol, Firearms, Hate Speech).
  • Fraudulent calls (IRS scams, Tech Support scams).

5.3 Caller ID Spoofing. You agree to comply with the Truth in Caller ID Act. You may not transmit misleading or inaccurate Caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value.

5.4 Competitors & Benchmarking. You may not access the Services if you are a direct competitor of Callbetter, except with our prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.

5.5 STIR/SHAKEN & Call Blocking. You acknowledge that Callbetter complies with FCC "STIR/SHAKEN" protocols. We cannot guarantee that your calls will not be flagged as "Spam Likely," "Scam," or blocked by downstream carriers (e.g., T-Mobile, Verizon) due to their proprietary analytics. Callbetter expressly disclaims all liability for calls that are blocked, mislabeled, or filtered by third-party networks. You agree to cooperate with our "Know Your Customer" (KYC) vetting to improve your call attestation levels.

5.6 Traffic Pumping & Fraud. You agree not to engage in "Traffic Pumping," "Access Stimulation," or "Artificially Inflated Traffic" (AIT). You acknowledge that if your account is compromised or used for such fraudulent traffic, you remain fully liable for all resulting carrier charges, fees, and fines, regardless of whether you personally authorized the traffic. Callbetter reserves the right to immediately suspend any account exhibiting patterns consistent with AIT fraud without prior notice.

5.7 High-Risk Activities. The Services are not designed, intended, or authorized for use in environments requiring fail-safe performance, such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support machines, or weapons systems. You agree not to use the Services for these High-Risk Activities and Callbetter disclaims all liability for any death, personal injury, or property damage arising from such use.

5.8 Short Duration Call (SDC) Surcharges. You acknowledge that upstream carriers penalize traffic patterns where a high percentage of calls are very short (under 6 seconds), as this indicates robo-dialing or "pinging" for active numbers. If your account's traffic consists of more than 10% of calls lasting less than six (6) seconds ("Short Duration Calls"), Callbetter reserves the right to pass through any carrier surcharges or penalties to you, or to impose a surcharge of $0.01 per Short Duration Call.

6. Messaging (SMS/MMS) & Carrier Fines

6.1 10DLC & The Campaign Registry. Usage of SMS for business purposes requires registration with The Campaign Registry (TCR). You agree to provide accurate brand and campaign information.

6.2 Strict "1-to-1" Consent & Prohibition on Purchased Lists. To comply with FCC regulations (effective January 2025) and carrier requirements:

  • 1-to-1 Consent Only: You represent and warrant that you have obtained "one-to-one" consent from every recipient. This means the recipient explicitly agreed to receive messages specifically from YOUR brand.
  • No Lead Gen/Co-Registration: Consent obtained via "co-registration" forms (e.g., "I agree to receive offers from [Site] and its marketing partners") is expressly prohibited and invalid on the Callbetter network.
  • No Purchased Lists: You are strictly prohibited from using purchased lead lists, rented databases, or publicly scraped numbers.
  • Violation: Callbetter reserves the right to immediately block your traffic and suspend your account without refund if we detect the use of non-1-to-1 consented data.

6.3 Severe Fines & Debt Obligation.

  • Pass-Through Fines: You acknowledge that upstream carriers (e.g., T-Mobile, Verizon) impose severe fines for "Severity-0" violations (e.g., Phishing, Smishing, Social Engineering), which can range from $2,000 to $10,000+ per incident. You are strictly liable for any such fines generated by traffic originating from your account.
  • Joint and Several Liability: You agree that liability for these fines is joint and several among the Account Holder, the business entity registered, and any individual authorizing the traffic.
  • Seizure of Funds: You expressly authorize Callbetter to set off and seize any prepaid account balances, credits, or unconnected funds held in your account to satisfy these fines. If your payment method fails, you agree that this amount constitutes a valid debt immediately due and payable, and you agree to pay all costs of collection, including reasonable attorney's fees.

6.4 Revocation of Consent & TCPA Compliance. You acknowledge that you are solely responsible for processing "STOP," "UNSUBSCRIBE," and similar opt-out requests immediately and honoring all revocations of consent. If a recipient revokes consent and you continue to message them (or if you fail to process their opt-out), you are solely liable for any resulting claims, damages, or penalties under the Telephone Consumer Protection Act (TCPA), the California Invasion of Privacy Act (CIPA), or relevant carrier regulations. You agree to indemnify Callbetter against any third-party claims arising from your failure to honor opt-out requests.

7. Fees, Billing, and Taxes

7.1 Pre-Payment. Services are billed in advance. Overage fees (International calling, excessive minutes) are billed in arrears.

7.2 Taxes and Regulatory Fees. You are responsible for paying all government taxes, surcharges, and fees, including the Federal Universal Service Fund (USF) and Cost Recovery Fees.

7.3 No Refunds. All payments are non-refundable.

7.4 Chargebacks. If you initiate a credit card chargeback, Callbetter reserves the right to immediately terminate your account and report the debt to credit bureaus. A $50 administrative fee applies to all chargeback disputes.

7.5 Term & Auto-Renewal. The initial term of this Agreement shall be the period selected during your signup or specified on your Order Form (e.g., "Monthly" or "Annual"). To prevent service interruption, your subscription will automatically renew for a subsequent term of the same length unless you provide written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.6 Early Termination & Acceleration. If you subscribe to an Annual Plan (paid monthly or annually) and you cancel your Service prior to the end of the term, or if Callbetter terminates your account for cause (e.g., AUP violation), you are immediately responsible for all unpaid fees for the remainder of the then-current Term. You authorize Callbetter to charge your payment method on file for this outstanding balance in a single lump sum.

7.7 Billing Disputes. You must notify Callbetter in writing of any dispute regarding fees, charges, or taxes within thirty (30) days of the date of the applicable invoice. Failure to dispute a charge within this thirty (30) day period constitutes a binding waiver of your right to dispute that amount, and you agree that such charges shall be deemed final, valid, and accepted.

8. Intellectual Property

8.1 Rights. Callbetter owns all rights, title, and interest in the software, website, and API.

8.2 Feedback. Any suggestions or feedback you provide to Callbetter may be used by us without any royalty or obligation to you.

8.3 License to Customer Data. You grant Callbetter a worldwide, non-exclusive, royalty-free license to access, process, and use your User Content (call logs, recordings, messages) solely to provide the Services and to prevent or address technical or security issues.

8.4 AI Training & Data License.

  • (a) License Grant: You explicitly grant Callbetter a worldwide, perpetual, irrevocable, royalty-free license to access, use, process, and analyze User Content (including call recordings, transcripts, and message logs) to: (i) provide the Services; and (ii) de-identify and aggregate such data to train, improve, and validate our artificial intelligence and machine learning models ("AI Improvements").
  • (b) Ownership of AI: You acknowledge that Callbetter uses such User Content to develop AI Improvements that benefit all Callbetter customers. You agree that Callbetter owns all right, title, and interest in these AI Improvements, and you have no claim to any intellectual property created derived from your User Content.
  • (c) Consent & Notification: You represent and warrant that you have obtained all necessary consents and provided all necessary notices (including those required by wiretapping laws) to allow Callbetter to process your User Content for these AI purposes. Callbetter shall have no liability for your failure to properly notify call participants that their data may be used for AI training.

8.5 Publicity. You grant Callbetter a limited, non-exclusive, royalty-free license to use your company name and logo as a customer reference on our website, marketing materials, and pitch decks. You may revoke this right at any time by emailing info@callbetter.com with the subject "Publicity Opt-Out."

8.6 DMCA Copyright Policy & Safe Harbor.

A. Reporting Infringement. Callbetter respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that material located on or linked to by the Services violates your copyright, you are encouraged to notify Callbetter in accordance with our DMCA Policy. Callbetter will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

B. DMCA Notice Requirements. To be effective, your notification must be in writing and include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., the specific URL or phone number);
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

C. Designated Agent. All notices must be sent to our Designated Agent:

  • Attn: Copyright Agent, Callbetter LLC
  • Address: 8 The Green, Suite #21079, Dover, DE 19901
  • Email: legal@callbetter.com

D. Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Callbetter has adopted a policy of terminating, in appropriate circumstances and at Callbetter's sole discretion, the accounts of users who are deemed to be repeat infringers. Callbetter may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9. Disclaimer of Warranties

9.1 "As Is." THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." CALLBETTER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING CALL QUALITY, UPTIME, OR RELIABILITY. VOIP SERVICES RELY ON THE PUBLIC INTERNET AND ARE SUBJECT TO INTERFERENCE.

9.2 Beta Services. Callbetter may occasionally offer "Beta" or "Early Access" features. These are provided "AS IS" without warranty of any kind. Callbetter will have no liability for any harm or damage arising out of your use of Beta Services.

10. Limitation of Liability

10.1 Cap on Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLBETTER'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO CALLBETTER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.

  • Savings Clause: THE LIMITATIONS IN THIS SECTION 10.1 SHALL NOT APPLY TO LIABILITY ARISING FROM: (A) A PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; (B) DEATH OR BODILY INJURY CAUSED BY A PARTY'S NEGLIGENCE; OR (C) YOUR OBLIGATION TO PAY FEES AND FINES UNDER THIS AGREEMENT.

10.2 Exclusion. CALLBETTER SHALL NOT BE LIABLE FOR LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

10.3 General Indemnification. You agree to defend, indemnify, and hold Callbetter (and its officers, directors, and employees) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from: (a) your violation of any term of this Agreement; (b) your violation of any third-party right, including any copyright, property, or privacy right; (c) any claim that your User Content caused damage to a third party (including TCPA/CIPA claims); or (d) AI Output Dissemination: Any claim by a third party (including claims for defamation, libel, or false light) arising from your publication, sharing, or reliance upon any AI-generated transcript, summary, or analysis provided by the Services. This defense and indemnification obligation will survive the termination of this Agreement.

11. Dispute Resolution, Arbitration & Class Action Waiver

11.1 Mandatory Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and Callbetter (collectively, "Disputes") shall be resolved solely by binding individual arbitration and not in a court of law. The arbitration will be administered by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules and Procedures. The arbitration shall be held in Dover, Delaware, or via video conference if agreed upon.

11.2 Class Action & Jury Trial Waiver. YOU AND CALLBETTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Furthermore, unless both you and Callbetter agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. You expressly waive your right to a trial by jury.

11.3 Governing Rules & Authority. The arbitration will be governed by the Federal Arbitration Act (FAA). The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement, including the threshold determination of whether a dispute is arbitrable.

11.4 Mass Arbitration Procedures. To ensure the efficient resolution of disputes and prevent the abuse of the arbitration process, the parties agree that if twenty-five (25) or more similar demands for arbitration are filed against Callbetter by the same law firm or coordinated counsel ("Mass Filing"), the following protocols shall apply:

  • (a) Application of JAMS Mass Arbitration Rules. The Mass Filing shall be administered by JAMS pursuant to its Mass Arbitration Procedures and Guidelines (and the JAMS Mass Arbitration Fee Schedule) in effect at the time the demands are filed.
  • (b) Appointment of Process Administrator. Prior to the appointment of any arbitrator to hear the merits of any individual claim, a "Process Administrator" shall be appointed by JAMS to resolve all threshold administrative and procedural disputes. The Process Administrator shall have the authority to determine: (i) whether the filings constitute a "Mass Filing" under this Agreement; (ii) the validity of the filings and compliance with filing requirements; (iii) the allocation of fees and costs in accordance with the JAMS Mass Arbitration Fee Schedule; and (iv) the procedural method for adjudicating the claims, including the authority to batch, consolidate, or group claims for efficient resolution.
  • (c) Cooperation and Good Faith. The parties agree to cooperate in good faith with the Process Administrator to implement protocols that ensure an efficient and cost-effective adjudication of the Mass Filing. The parties acknowledge that the Process Administrator's determinations regarding administrative and procedural matters shall be binding.
  • (d) Tolling of Limitations. If a Mass Filing occurs, any statutes of limitations applicable to the claims shall be tolled from the time the demands are filed with JAMS until the claimant's specific case is selected for a merits hearing or otherwise resolved.

11.5 Frivolous Claims & Fee Shifting. If the arbitrator determines that a claim brought by you was frivolous, brought for an improper purpose, or asserted in bad faith, the arbitrator may award Callbetter its reasonable attorneys' fees, costs, and arbitration fees to the fullest extent permitted by law.

11.6 Exception: Small Claims & IP. Notwithstanding the above, either party may bring an individual action in Small Claims Court if the claim qualifies. Additionally, Callbetter may seek injunctive relief in any court of competent jurisdiction to protect its Intellectual Property rights (patents, copyrights, trademarks, and trade secrets) without first engaging in arbitration.

11.7 Severability of Arbitration. If any specific part of this Section 11 (Dispute Resolution) is found to be unenforceable—specifically regarding the Mass Arbitration or Class Action Waiver—then the entirety of this Section 11 shall be null and void, and the parties agree that the exclusive jurisdiction and venue for any legal action shall be the state or federal courts located in Dover, Delaware, and the parties hereby consent to the personal jurisdiction and venue therein.

12. General Provisions

12.1 Governing Law & Venue. These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms that is not subject to arbitration (as set forth in Section 11) shall be brought exclusively in the state or federal courts located in Dover, Delaware, and the parties hereby consent to the personal jurisdiction and venue therein.

12.2 Force Majeure. Callbetter is not liable for delays caused by "Acts of God," internet backbone failures, strikes, or government actions.

12.3 Severability. If any part of these Terms is unenforceable, the rest remains in full force.

12.4 Export Compliance. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services (including Iran, North Korea, Cuba, Syria, and the Crimea region of Ukraine). You agree not to export or re-export the Services or software in violation of U.S. export control laws.

12.5 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Callbetter's prior written consent. Callbetter may assign these Terms at any time without notice or consent in connection with a merger, acquisition, or sale of all or substantially all of our assets.

12.6 Survival. The sections titled "Fees," "Intellectual Property," "Confidentiality," "Indemnification," "Limitation of Liability," and "Dispute Resolution" shall survive any termination or expiration of these Terms.

12.7 Notices. Callbetter may provide notifications to you regarding these Terms or the Services via email to the address associated with your account or by posting notices to the Callbetter dashboard. You agree that such notice shall be deemed effective and received within twenty-four (24) hours of posting or sending. It is your sole responsibility to keep your email address current in your account settings.

12.8 Entire Agreement. These Terms (along with any specific Order Forms and the Privacy Policy) constitute the entire agreement between you and Callbetter regarding the subject matter hereof and supersede all prior or contemporaneous communications, negotiations, representations, or agreements, whether written or oral. You acknowledge that no text message, email, or oral promise from a sales representative or employee shall be binding unless formally amended in a written agreement signed by an authorized officer of Callbetter.

12.9 Modifications. Callbetter reserves the right to modify these Terms at any time to reflect changes in the law, the Services, or our business practices. We will provide notice of material changes via email to the address on file or via a notification within the Callbetter dashboard. Your continued use of the Services following such updates constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, your sole and exclusive remedy is to discontinue use of the Services.

12.10 No Waiver. The failure of Callbetter to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Callbetter. If we do not immediately take action against a violation of these Terms, we are not giving up any rights that we may have (such as taking action in the future).

13. Confidentiality

13.1 "Confidential Information" means all non-public information disclosed by a party that is designated as confidential or reasonably understood to be confidential (e.g., business plans, pricing, technical data).

13.2 Each party agrees: (i) not to use Confidential Information for any purpose outside this Agreement; and (ii) not to disclose Confidential Information to any third party, except to employees who need to know and are bound by written confidentiality obligations.

14. Mobile Application Terms

If you access the Services via the Callbetter mobile application on an Apple iOS device, you acknowledge that: (a) These Terms are between you and Callbetter, not Apple; (b) Apple has no obligation to furnish any maintenance or support for the application; and (c) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

15. AI (Artificial Intelligence) and Generative Content

15.1 Probabilistic Nature. You acknowledge that the AI features provided by Callbetter (including call summaries, sentiment analysis, transcriptions, and "AI Agents") utilize probabilistic machine learning models. These models may produce output that is inaccurate, incomplete, or offensive ("Hallucinations").

15.2 No Reliance & Defamation Waiver. Callbetter provides AI outputs "AS IS" for convenience only. You agree that you will not rely on AI-generated content for critical business decisions, legal compliance, or medical advice without independent human verification. You acknowledge that AI models may occasionally generate false or defamatory statements. You are solely responsible for reviewing and correcting any AI-generated summaries or notes before sharing them with third parties. Callbetter expressly disclaims all liability for any reputational harm or damages arising from the dissemination of unverified AI outputs.

15.3 AI Intellectual Property Disclaimer. Callbetter makes no warranty that AI-generated output is unique. You use AI-generated content at your own risk regarding potential IP infringement claims.

15.4 BIPA "Written Release" & Biometric Consent. To the extent the Services utilize voice analysis that could be construed as collecting "Biometric Identifiers" (including "voiceprints" or "voice identity") under the Illinois Biometric Information Privacy Act (BIPA) or similar laws:

  • Written Release: You acknowledge and agree that your acceptance of these Terms—evinced by your clicking "I Agree" or your continued use of the Services—constitutes a "Written Release" and a valid Electronic Signature authorizing Callbetter (and its third-party processors) to collect, store, and process your voice data and the voice data of your call participants.
  • Data Retention: In compliance with CALEA and FCC CPNI regulations, Callbetter retains call detail records and voice data for a minimum of eighteen (18) months (or as required by applicable law) to facilitate law enforcement compliance, after which it is destroyed unless subject to a legal hold.

Contact Information

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

Callbetter LLC

8 The Green, Suite #21079, Dover, DE 19901

Email: info@callbetter.com

By using the Callbetter Services you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.