Terms of Use

Last edited on June 2025

Terms Overview

These Terms of Service ("Terms") constitute a legal contract between Amy Insight Inc., LLC ("callers" or "Us") and the individual or entity using or accessing the callers AI Calls platform services ("Subscriber" or "You"). These Terms encompass callers's platform services, including programs, features, account portals, and technical support ("Services"). Furthermore, it is governing your access to callers.ai ("Website"). These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions and limit the remedies available to you in the event of a dispute.

License to Access or Use the Services

callers hereby grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable right and license to access and use the Services. callers has the right, but not the obligation, to take any of the following actions: monitor any information submitted or received through the Services; investigate any reported or apparent violation of its policies, including reporting to law enforcement; take any action callers deems appropriate in its sole discretion, including issuing a warning, suspension or termination of all or a portion of the Services, or removal of relevant Content, at any time and for any reason. callers also reserves the right to access, read, preserve, and disclose any information as callers reasonably believes is necessary to: investigate any activity that callers suspects to be in violation of its policies or a violation of applicable law; respond to suspected illegal activity; enforce its policies; or protect the rights, property, or safety of callers, its agents, visitors, users, and any member of the general public.

When submitting information to callers, you agree to provide true, accurate, and complete information about your business or agency and to promptly update such information to maintain its truthfulness, accuracy, and completeness. You agree to update your information through your Account Portal as necessary and to make sure it remains current and correct. Your failure to provide accurate, complete, and up-to-date information may result in your inability to fully use the Services and may impact the effectiveness of your AI calling campaigns.

Subscriber Representations and Warranties

Subscriber represents and warrants that: (i) it is duly organized, validly existing and in good standing under the applicable laws where it is established; (ii) it has the full power, authority, and capacity to enter into these Terms and to fulfill all of its obligations hereunder; and (iii) the person or entity entering into these Terms on behalf of the Subscriber has the necessary authority to bind the Subscriber to these Terms; (iv) Subscriber is not and will not use, or allow to be used, the Services for any purpose that violates any federal, state, or local law, rule, regulation, or ordinance.

ACCOUNT SECURITY

You are responsible for keeping your login credentials, passwords, private keys, and any other security features associated with your callers account confidential. You agree not to share your Account information with any third party for any purpose. Any activity that occurs using your Account will be held as your responsibility. If you suspect unauthorized access to your account or any security breach, you agree to promptly notify us. We are not responsible for any losses resulting from unauthorized use of your account unless such use arises from our willful misconduct or negligence.

You will be bound by, and hereby authorize callers to rely on and accept, any agreements, instructions, orders, authorizations, or other actions made using your credentials or Account. There is no guarantee that we can stop any unauthorized use of the Services, and we will not be liable for any such unauthorized use. You are responsible for the loss of any Account, credential, private key, or other security feature to the extent such loss does not arise from our willful misconduct or negligence.

You will not: (a) use or attempt to use another party's Account; (b) tamper with, or use non-public areas of the Services, or the computer systems of our hosting provider; (c) probe, scan, or test any system or network, or breach or circumvent any security or authentication measures we have put in place; (d) access, search, or attempt to access or search the Services by any means other than the currently available, published interfaces; (e) forge any TCP/IP packet header or any part of the header information in any email or posting; or (f) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the Services.

INTELLECTUAL PROPERTY RIGHTS

The Services, the Website, and any other information, tools, or features offered by callers to the Subscriber are the intellectual property of callers or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights, title, and interest in and to the Services are and will remain with callers. The terms callers, Callers.ai, and related graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of callers in the United States. These trademarks may not be used without the prior written permission of callers.

You expressly agree to not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access to the Services without the express written permission of callers. You may not modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by callers in connection with the Services or the Website.

The Subscriber acknowledges that callers owns all right, title, and interest in and to the callers platform software and technology, including but not limited to: (i) all software (whether compiled or in source code form), data, information, text, designs, illustrations, logos, trademarks, trade names, domain names, patents, copyrights, trade secrets, and any and all other forms of intellectual property that are part of the Services; (ii) any and all enhancements, modifications, derivative works, and updates to the Services; and (iii) all related documentation and materials.

If you believe that your intellectual property rights have been violated, please contact us at [email protected] to file a complaint.

Any intellectual property, data, or analytics generated by or derived from the Services, including but not limited to algorithms, machine learning models, and any insights derived from the use of Services, shall remain the sole property of callers, unless explicitly agreed otherwise in writing.

Subscribe Data

Between you and callers, you own all rights in the information and data that you submit to callers, including name, address, phone number, email, lists of call recipients, and any other material submitted in the ordinary course of using the Services ("Subscriber Data"). By using the Services, you authorize callers to use, modify, distribute, and store such Subscriber Data in connection with the provision of the Services to you and as described in our Privacy Policy.

You agree that you have lawful rights and authority to use, share, and authorize callers to process any Subscriber Data you submit through the Services. You are solely responsible for ensuring that all Subscriber Data complies with applicable privacy laws, including obtaining any necessary consents.

callers may generate anonymized and/or aggregated data or statistics derived from Subscriber Data, such as performance metrics, usage patterns, and system insights. Such anonymized or aggregated data does not identify you or your end users and may be used by callers for any lawful purpose, including service improvement, research, marketing, and benchmarking.

In the event of a data breach involving Subscriber Data, callers shall notify you within seventy-two (72) hours of becoming aware of such breach, and shall take commercially reasonable steps to mitigate its effects.

Upon termination of these Terms, and subject to any backup or retention obligations imposed by law, callers will delete or anonymize your Subscriber Data within ninety (90) days, unless you request an export of your data in advance.

Confidentiality

Each party may have access to certain non-public, proprietary, and confidential information of the other party ("Confidential Information"). Each party agrees: (i) to hold the other party's Confidential Information in confidence and not disclose it to third parties; (ii) to not use the other party's Confidential Information for any purpose other than as set forth herein; and (iii) to protect the other party's Confidential Information from unauthorized use and disclosure to the same extent each party protects its own Confidential Information, but in no event with less than reasonable care. Confidential Information does not include information that: (i) is or becomes public knowledge without breach of these Terms; (ii) the receiving party can document was already in its possession before receipt; (iii) was independently developed by the receiving party without reference to the disclosing party's Confidential Information; or (iv) is lawfully received from a third party without restriction on disclosure.

If either party is required by law or regulation to disclose Confidential Information, the disclosing party shall be notified promptly to the extent permitted by law, and the receiving party shall only disclose the minimum amount of Confidential Information necessary to comply with such legal requirement.

In the event of a suspected breach of confidentiality obligations, the non-breaching party reserves the right to seek immediate injunctive relief in addition to any other legal remedies available.

These confidentiality obligations shall survive the termination or expiration of these Terms for a period of three (3) years, unless a longer duration is required by law.

Indemnification

You agree to indemnify, defend and hold callers, its affiliates, and its officers, directors, agents, employees, and suppliers harmless from and against any and all claims, actions, suits, or proceedings as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or accruing from: (a) any misrepresentation or breach of any representation, warranty, or covenant made by you in these Terms; (b) your wrongful or improper use of the Services; or (c) any content or material you submit in connection with using the Services. The indemnifying party shall have the right to control the defense and settlement of any claim subject to indemnification, provided that such settlement does not impose obligations on or release claims against the indemnified party without its prior written consent.

Limited Liability

IN NO EVENT SHALL callers BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF callers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, callers AND ITS SUPPLIERS' AND LICENSORS' MAXIMUM TOTAL AGGREGATE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS IS LIMITED TO THE GREATER OF $25 OR THE AMOUNTS PAID BY YOU TO callers DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.

No Warranty Disclaimer

THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND callers EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT callers DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY callers OR ITS EMPLOYEES WILL CREATE A WARRANTY.

You acknowledge that your use of the Services is at your sole risk. callers shall not be held responsible for any errors, omissions, or inaccuracies in the Service, including any information, data, or content provided through the Service.

COMPLIANCE WITH LAWS

Subscriber is responsible for understanding and complying with all applicable laws, regulations, and industry standards relevant to its use of the services (collectively, "Applicable Laws"). This includes, but is not limited to, laws governing telecommunications, data privacy, data protection, telemarketing, and the transmission of technical data.

The Subscriber shall ensure that its use of callers's services complies with the Telephone Consumer Protection Act (TCPA), as amended, which regulates the making of telephone calls and sending of text messages for marketing purposes, including the use of automated dialing systems, prerecorded voice messages, and SMS texts. The Subscriber is responsible for obtaining all necessary consents from consumers prior to making marketing calls or sending messages.

The Subscriber shall also ensure compliance with the CAN-SPAM Act, which sets rules for commercial email messages, including requirements for opting out and proper labeling. The Subscriber must ensure that any emails sent through callers's services comply with these requirements.

Additionally, the Subscriber agrees to comply with any applicable state regulations related to telemarketing and unsolicited communications. The Subscriber is responsible for maintaining their own Do-Not-Call list and ensuring that the list is scrubbed against the National Do-Not-Call Registry.

Subscriber's Compliance with Pre Recorded Message and Consent Requirements

The Subscriber expressly acknowledges and agrees to adhere to the following obligations pertaining to the use of callers's communications service:

Prior Express Written Consent: The Subscriber must obtain prior express written consent from the recipients before making any calls, particularly those that use automatic telephone dialing systems or involve prerecorded voices. This consent must meet the standards set forth in the Telephone Consumer Protection Act (TCPA) and the regulations of the Federal Communications Commission (FCC). The written consent must be a signed agreement, either physical or electronic, from the consumer, clearly indicating their consent to receive these types of communications from the Subscriber.

While callers reserves the right to monitor usage of its services to ensure service quality and security, it is under no obligation to oversee or screen the content uploaded, transmitted, or stored by Subscribers through the service. Consequently, callers disclaims any responsibility for the content managed by Subscribers, including but not limited to compliance with intellectual property laws, defamation laws, privacy laws, and other relevant laws. Subscribers are solely responsible for the content they transmit and must ensure it complies with all applicable laws and regulations.

Furthermore, the Subscriber agrees to comply fully with all applicable local, state, national, and international laws and regulations in connection with their use of callers's services. This includes but is not limited to laws related to data protection, telecommunications, consumer protection, and public communications. The responsibility for obtaining consent from call participants and ensuring all communications are conducted legally rests solely with the Subscriber.

Compliance with Telemarketing Laws and Dialing Laws

Subscriber agrees to comply with all applicable federal and state laws, rules, and regulations governing the use of automated or prerecorded/artificial calls or texts, including but not limited to the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule, and Do-Not-Call regulations. Subscriber is responsible for providing accurate and truthful Caller ID information and all legally required disclosures and opt-outs in each call.

Additionally, the Subscriber agrees to obtain all necessary consents and to provide all requisite notices to call and text recipients as required by any applicable laws and regulations before initiating any such communications using callers's services. This includes obtaining prior express written consent from individuals before sending prerecorded messages or using automated dialing systems to contact them, in accordance with the TCPA and applicable FCC rules. The Subscriber must also ensure that their marketing practices comply with the FTC's Telemarketing Sales Rule and any state-specific telemarketing legislation.

The Subscriber shall maintain records of all consents and notices for a period of at least five (5) years and shall furnish such records to callers upon request. callers shall have the right to audit these records to ensure compliance with all applicable legal and regulatory requirements. Failure to provide these records for audit or evidence of non-compliance may result in immediate suspension or termination of the Subscriber's access to the Services.

callers PROVIDES ITS COMMUNICATIONS PLATFORM UNDER THE STRICT CONDITION THAT IT IS USED IN A LAWFUL AND RESPONSIBLE MANNER. THE SUBSCRIBER AGREES TO FULLY COMPLY WITH ALL APPLICABLE TELECOMMUNICATIONS AND DATA PROTECTION LAWS AND REGULATIONS. FURTHERMORE, THE SUBSCRIBER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS callers, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, AND LIABILITIES (INCLUDING ATTORNEY'S FEES AND COSTS) ARISING FROM ANY VIOLATION OF THESE TERMS OR ANY APPLICABLE LAW OR REGULATION.

callers EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY MISUSE OF ITS COMMUNICATION SERVICES AND ANY VIOLATIONS OF TELECOMMUNICATIONS LAWS BY THE SUBSCRIBER. callers ALSO DISCLAIMS ANY LIABILITY FOR ANY ACTIONS TAKEN BY THE SUBSCRIBER IN BREACH OF THESE TERMS OF SERVICE OR IN VIOLATION OF ANY LAWS OR REGULATIONS. IN THE EVENT OF SUCH MISUSE OR VIOLATION, callers RESERVES THE RIGHT TO COOPERATE FULLY WITH LAW ENFORCEMENT AUTHORITIES AND REGULATORY AGENCIES IN THE INVESTIGATION AND PROSECUTION OF SUCH ACTIVITIES.

THE SUBSCRIBER ACKNOWLEDGES THAT THEY ARE SOLELY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED UNDER THEIR ACCOUNT AND ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS. BY USING callers'S SERVICES, THE SUBSCRIBER COMMITS TO DEFENDING, INDEMNIFYING, AND HOLDING HARMLESS callers AND ITS ENTIRE STAFF AGAINST ANY LIABILITIES ARISING FROM THE SUBSCRIBER'S USE OF callers'S SERVICES OR ANY BREACH OF THESE TERMS OF SERVICE.

SMS Messaging Terms

Program Name: Callers AI SMS Program

By providing your phone number and checking the SMS consent box on our sign-up form at callers.ai/try/, you agree to receive SMS messages from Callers AI (Amy Insight Inc., LLC), including product demonstrations and follow-up messages about our Voice AI and Messaging AI platform capabilities.

Message frequency: Message frequency varies based on your interaction with the platform.

Rates: Message and data rates may apply depending on your mobile carrier and plan.

To opt out: Reply STOP to any SMS message at any time. You will receive one final confirmation message and no further SMS messages will be sent.

For help: Reply HELP to any SMS message, or contact us at [email protected].

Consent to receive SMS messages is not a condition of purchasing any product or service from Callers AI.

Governing Law

These Terms are governed by the laws of the State of Delaware. Claims, disputes, and suits must be brought exclusively in state or federal courts located in Delaware. Each party irrevocably consents to the jurisdiction of the courts located in the State of Delaware for all suits or actions arising out of these Terms. Each party hereto waives to the fullest extent possible, the defense of an inconvenient forum.

Dispute Resolution

Any disputes, claims, or controversies arising under or in connection with these Terms or the Services shall be resolved through binding arbitration administered by a recognized arbitration body, such as the American Arbitration Association (AAA), in accordance with its commercial arbitration rules, in the state of Delaware. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and fees associated with the arbitration, unless the arbitrator determines otherwise.

Waiver of Jury Trial

EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Waiver of Class Action

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS; CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. THE SUBSCRIBER AGREES NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON'S ACCOUNT, IF callers IS A PARTY TO THE PROCEEDING.

Export Laws and International Privacy

The use of the Services may be subject to United States export controls and economic sanctions regulations. By using the Services, you represent and warrant that: (a) you are not a citizen or resident of a country that is subject to U.S. government embargo or sanctions; (b) you are not on any U.S. government list of prohibited or restricted parties; and (c) you are not subject to any United Nations Security Council sanctions.

Subscriber shall comply with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), when using the Services. This includes obtaining any necessary consents from data subjects and maintaining a lawful basis for processing personal data through the Services.

callers may use third-party cloud infrastructure providers (e.g., Amazon Web Services, Google Cloud) to host and deliver the Services. By using the Services, you acknowledge and consent to the transfer and processing of your data by these third-party providers. callers will ensure that any third-party provider used is compliant with the applicable data protection laws and that appropriate safeguards are in place for the transfer of personal data.

In the event that the Services involve cross-border transfers of personal data, callers shall implement appropriate data transfer mechanisms, such as Standard Contractual Clauses (SCCs) or equivalent measures, as required by applicable law.

callers agrees to provide reasonable assistance to the Subscriber to comply with data subject access requests (DSARs) and other rights of data subjects under the applicable data protection laws, to the extent that such requests relate to data processed through the Services.

Severability and Survivability

If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, unenforceable, or in conflict with any law of any relevant jurisdiction, then the validity of the remaining provisions shall not be affected. Provisions that by their nature should survive termination shall survive, including without limitation indemnification, confidentiality, limitation of liability, and dispute resolution.

CHANGES TO THE WEBSITE

We reserve the right to modify or discontinue the Services or the Website (or any part thereof) at any time and without notice to you. We shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or the Website (or any part thereof).

We reserve the right to update, modify, or change these Terms at any time, with or without notice to you. Any changes to these Terms will be posted on this page. It is your responsibility to review these Terms periodically. Your continued use of the Services after any modifications shall be deemed acceptance of such modifications.

CHANGES TO THE TERMS OF USE

We reserve the right, in our sole discretion, to change the Terms under which the Website and Services are offered. When a change is made, we will update the Terms on our Website. Your continued use of the Services after changes are posted constitutes your acceptance of those changes. We encourage you to review these Terms periodically.

We will make reasonable efforts to notify you of material changes to these Terms, including but not limited to email notification, prominent notice on the Website, or notice through the Services. However, your continued use of the Services following the posting of any changes constitutes acceptance of such changes, regardless of whether you receive or read the notification.

Waiver

The failure of callers to enforce any provisions of these Terms shall not be construed as a waiver of such provisions or the right to enforce them at a later time. A waiver of any breach of these Terms shall not constitute a waiver of any subsequent breach.

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and callers concerning the Services and supersede all prior or contemporaneous agreements, understandings, representations, and warranties, both written and oral. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and callers's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Questions and contact information

If you have questions about these Terms or the Services, you may email us at [email protected].

Amy Insight Inc., LLC

8 The Green, Suite 14095, Dover, Delaware, 19901, United States