Terms of Service

The Service is a business tool. You must be at least the age of majority in your jurisdiction and able to form a binding contract to use it. The Service is multi-tenant: an account belongs to an organization (a “workspace”), and users are added as members with roles that determine their permissions. The person who creates an organization, and anyone they designate as an administrator, is responsible for managing members, roles, and billing.

• You must provide accurate, current account and registration information and keep it up to date.
• You are responsible for safeguarding credentials and for all activity under your account and workspace.
• You are responsible for the acts and omissions of your members, agents, and end users and for their compliance with these Terms.
• You must notify us promptly at hello@callhelm.com of any unauthorized use of your account.

Call Helm provides call-center and customer-communication tooling, which may include outbound and inbound voice calling, SMS/text messaging (including broadcast messaging and 10DLC brand and campaign registration workflows), phone-number provisioning, call recording and transcription, AI-assisted analysis of calls and messages, contact and campaign management, and subscription billing. Features available to you depend on your plan, seat count, and configuration. We may add, change, or retire features over time.

You are solely responsible for how you use the Service and for the content of the calls, messages, and data you transmit through it. You agree not to, and not to permit anyone to:

• Use the Service to violate any applicable law, regulation, or the rules of any telecommunications carrier, messaging aggregator, or registry.
• Send spam or unlawful, deceptive, harassing, threatening, or fraudulent communications; impersonate any person or entity; or spoof caller ID or sender identity.
• Transmit malware or content that is unlawful, infringing, defamatory, or harmful.
• Disrupt, reverse engineer, probe, scrape, or gain unauthorized access to the Service or its infrastructure, or circumvent rate limits, usage restrictions, or security controls.
• Resell or provide the Service to third parties as a service bureau without our written agreement.
• Use the Service for emergency calling (911 or equivalent); the Service is not designed to support emergency services.

You use the Service to call and text your own contacts. For every call and message you send through the Service, you are the sender of record (the “Message Sender” under carrier rules), and Call Helm is the technology provider. You, not Call Helm, are responsible for the legal compliance of your communications. In particular, you agree that:

• Consent. Before calling or texting any individual, you will obtain and maintain all consent required by applicable law — including, where applicable, prior express written consent for marketing calls and texts under the U.S. Telephone Consumer Protection Act (TCPA) and the Telemarketing Sales Rule, express or implied consent under Canada’s Anti-Spam Legislation (CASL), state telemarketing and “mini-TCPA” laws, and equivalent laws in your recipients’ jurisdictions. You will not call or text numbers on the National Do Not Call Registry (or equivalent lists) without a lawful basis, and you will honor your own internal do-not-call list.
• Your own 10DLC registration. Application-to-person messaging to US numbers requires that the brand and campaign be registered with The Campaign Registry (10DLC) and approved by carriers. You will register your own brand and campaign(s) through the Service (or provide us accurate information to do so), ensure the information you submit — legal name, tax ID, website, use case, sample messages, and opt-in description — is truthful and complete, and keep it current. You will send only the message types and use cases your approved campaign covers. Registration and vetting fees charged by registries, carriers, or our messaging provider are your responsibility and may be passed through to you.
• Opt-in disclosures. Your calls to action, opt-in forms, and confirmation messages will include the disclosures carriers require, such as your brand name, a description of the message program, “message frequency varies,” “message and data rates may apply,” “reply STOP to opt out,” “reply HELP for help,” and links to your own privacy policy and terms.
• Opt-outs. You will honor every opt-out, STOP, unsubscribe, and do-not-call request promptly and will not contact an opted-out number again without new consent. The Service automatically records opt-out keyword replies and blocks further messages to those numbers on your behalf; you must not circumvent this and remain responsible for opt-outs received through any other channel.
• Lawful, permitted content. You will not send content that carriers or law prohibit, including content involving sex or adult services, hate or discriminatory speech, alcohol (except where permitted with age verification), firearms, tobacco or vaping (“SHAFT”), cannabis or CBD, gambling, illegal or controlled substances, phishing or fraud, deceptive financial or lead-generation offers, high-risk debt collection or lending, or any content outside your approved campaign use case. You will not use public URL shorteners or shared or rented contact lists.
• Call recording. You will comply with all applicable call-recording and wiretapping laws, including one-party and all-party consent requirements, and will provide any legally required notice before recording. Recording-announcement features in the Service are tools to assist you and do not by themselves make a recording lawful.
• Records and inquiries. You will retain records of consent and opt-out (including timestamp, source, and method) and will respond to complaints and regulatory, carrier, or registry inquiries relating to your traffic. You will provide those records to us on request when needed to respond to a carrier, registry, or regulator.
• Carrier actions and penalties. Carriers and registries may filter, block, or suspend traffic and may impose fines or fees for non-compliant messaging. You are responsible for any such fines, fees, or penalties attributable to your traffic. We may suspend or throttle your calling or messaging immediately, without prior notice, if we reasonably believe it violates this Section, carrier rules, or applicable law, or if a carrier, registry, or provider requires it.

Nothing in the Service constitutes legal advice about telemarketing, messaging, privacy, or recording laws. You should obtain your own legal advice for your use case.

Paid plans are priced per seat, per month, where a seat is an active or invited member of your workspace, and are billed through our payment processor, Stripe. Some plans also include usage allowances (such as call minutes, messages, phone numbers, transcription, and AI analysis); usage beyond your plan may be limited or billed as shown in your billing settings. By subscribing, you authorize us and Stripe to charge the payment method on file for the fees associated with your plan, seat count, and any usage-based charges incurred by your organization.

• Automatic renewal. Subscriptions renew automatically each billing period at the then-current per-seat price and seat count until you cancel. We will disclose the price, seat count, and billing frequency before you subscribe and in your billing settings.
• Seats. You may add or remove seats at any time in your billing settings. Changes are prorated. The number of active and invited members in your workspace may not exceed your paid seats.
• Free trial. New workspaces may receive a free trial of a paid plan. No payment method is required to start a trial. If you do not choose a paid plan before the trial ends, your workspace is moved to the Free plan (with its reduced features and limits); it is not charged and is not cancelled. Trial terms and length are shown at signup and may change for new signups.
• Cancellation. You may cancel your subscription at any time online from your billing settings. Cancellation takes effect at the end of the current billing period; you keep access until then and remain responsible for charges accrued before cancellation. Fees are billed in advance and, except where required by law or expressly stated by us, are non-refundable; we do not provide refunds or credits for partial periods, unused seats, or unused allowances.
• Non-payment. If a payment fails, we will notify you and provide a grace period to update your payment method. If payment is not received, we may suspend your workspace (including calling, messaging, and registrations) until the balance is paid, and may terminate it after continued non-payment.
• Price changes. We may change fees or introduce new charges on at least 30 days’ prospective notice (for example, by email or in-product). Continued use after a change takes effect constitutes acceptance; you may cancel before then.
• Taxes. Fees exclude taxes. You are responsible for applicable sales, use, GST/HST, VAT, and similar taxes, except for taxes on our net income.

As between the parties, you own the data you and your end users submit to or generate through the Service, including contacts you upload, call recordings, transcripts, and message content (“Customer Data”). You grant us a non-exclusive, worldwide license to host, copy, process, transmit, and display Customer Data solely to provide, secure, and support the Service, to comply with law, and as otherwise described in our Privacy Policy. We process Customer Data as your processor or service provider on your instructions.

• You represent that you have all rights, consents, notices, and lawful bases necessary to provide Customer Data to the Service and to have it processed as described, including for call recording, transcription, and AI analysis.
• We may use aggregated or de-identified data that does not identify you or any individual to operate, secure, and improve the Service. We do not use Customer Data to train general-purpose AI models.
• You are responsible for maintaining your own backups where continuity of Customer Data is important to you. Export tools are available in the Service and on request.

The Service, including its software, design, documentation, and all related intellectual property, is owned by Call Helm and its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, or create derivative works of the Service. If you provide suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without obligation to you.

The Service relies on third-party providers (for example, telephony and messaging, hosting, payments, transcription, and AI processing). Your use of the Service may be subject to those providers’ terms and acceptable-use policies, and their availability, delivery rates, and carrier decisions are outside our control. A list of key sub-processors is in our Privacy Policy.

We work to keep the Service available but do not guarantee that it will be uninterrupted, timely, or error-free, or that calls or messages will be delivered. We may modify, suspend, or discontinue features, and we may perform maintenance that temporarily affects availability. Any service-level commitments, if offered, will be stated in a separate written agreement or order.

You may stop using the Service and close your account at any time. We may suspend or terminate your access, in whole or in part, if you materially breach these Terms (including Section 4), fail to pay fees when due, create risk or legal exposure for us, our providers, or the Service, or use the Service in a way that harms others. Where practicable and lawful, we will provide notice and an opportunity to cure; we may act immediately where required by a carrier, registry, or provider or to prevent harm.

Upon termination, your right to use the Service ceases and outstanding fees become due. We will make Customer Data available for export for 30 days as described in our Privacy Policy, after which it may be deleted in the ordinary course. Sections that by their nature should survive (including Sections 4, 6, 7, and 11 through 16) survive termination.

Except as expressly stated in these Terms, the Service is provided “as is” and “as available,” and we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that AI-generated transcripts, summaries, sentiment, or analyses are accurate or complete, and you should not rely on them as a substitute for professional judgment or as the sole basis for decisions about individuals. We do not warrant that your use of the Service will comply with any law or carrier requirement; that is your responsibility under Section 4.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, goodwill, or data, arising out of or relating to these Terms or the Service, even if advised of the possibility. To the maximum extent permitted by law, our aggregate liability arising out of or relating to these Terms will not exceed the amounts you paid to us for the Service in the twelve (12) months before the event giving rise to the liability. These limitations do not apply to your payment obligations, your indemnification obligations, or your breach of Section 4, and nothing in these Terms limits liability that cannot be limited under applicable law.

You will defend, indemnify, and hold harmless Call Helm and its officers, directors, employees, and providers from and against claims, demands, fines, penalties, damages, and costs (including reasonable legal fees) arising from Customer Data, your calls and messages, your registrations, or your use of the Service in violation of these Terms or applicable law, including telemarketing, messaging, privacy, and call-recording laws and carrier or registry rules.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in Ontario, Canada for any dispute not subject to another agreed dispute-resolution process, except that either party may seek injunctive relief in any court of competent jurisdiction. Before filing a claim, the parties will attempt in good faith to resolve the dispute by contacting each other in writing. Nothing in this Section deprives you of mandatory consumer protections in your place of residence.

We may update these Terms from time to time. If we make material changes, we will provide at least 30 days’ notice (for example, by email or in-product) before they take effect, except where changes are required by law or address a new feature, in which case they take effect on posting. Changes take effect on the date stated, and your continued use of the Service after that date constitutes acceptance. If you do not agree, you may cancel before the changes take effect.

• Entire agreement. These Terms, our Privacy Policy, and any order or written agreement signed by both parties are the entire agreement regarding the Service and supersede prior agreements on the subject. If a signed agreement conflicts with these Terms, the signed agreement controls.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Severability and waiver. If any provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including carrier or provider outages.
• Export and sanctions. You will not use the Service in violation of export-control or sanctions laws, and you represent that you are not located in, or a national of, a sanctioned jurisdiction.
• Notices. We may send notices to the email address on your account. Notices to us should be sent to hello@callhelm.com.
• No agency. The parties are independent contractors; these Terms create no partnership, joint venture, or agency.

Questions about these Terms may be sent to hello@callhelm.com.

The Service is operated by 2473230 Ontario Inc. o/a Call Helm, registered at 774 Du Golf Road, Hammond (Clarence-Rockland), ON K0A 2A0, Canada.