These Terms & Conditions govern your use of CALLVIA LLC's website, platform, software, and services. By accessing or using our Services, you agree to be legally bound by these Terms.
1. Company Information
CALLVIA LLC is a Michigan-registered limited liability company providing AI-powered communication automation services.
2. Description of Services
CALLVIA LLC provides automated voice calling, SMS messaging, email outreach, appointment setting, CRM integration, and AI-driven engagement tools. Services may change, improve, or be discontinued at any time.
3. Eligibility
You must be at least eighteen (18) years old and legally capable of entering binding contracts to use our Services.
4. Account Registration
Users are responsible for maintaining accurate information and safeguarding account credentials. All activity under an account is the user's responsibility.
5. Client Responsibility & Legal Compliance
Clients are solely responsible for ensuring compliance with all applicable laws, including TCPA, CAN-SPAM, A2P 10DLC, DNC regulations, and state privacy laws. CALLVIA LLC acts only as a technology provider.
6. Consent, Lead Responsibility & Data Ownership
Clients are solely responsible for all leads, contact information, and data uploaded to or used within the Services.
By uploading, importing, or otherwise using any lead data within the platform, Client represents and warrants that:
- All data was obtained lawfully and in compliance with all applicable federal and state laws and regulations.
- Each individual whose contact information is provided has given all legally required consent to be contacted.
- Such consent expressly includes permission to receive communications through automated systems, artificial intelligence (AI), prerecorded or synthetic voice technology, SMS/MMS messaging, email communications, and live call transfers where applicable.
- Client maintains documentation evidencing such consent and agrees to provide proof of consent if required by law or regulatory authority.
Client retains ownership of their data but grants CALLVIA LLC a limited license to process, transmit, and store such data solely for the purpose of providing the Services.
CALLVIA LLC acts solely as a technology platform provider and does not generate, source, or verify Client lead data. CALLVIA LLC shall not be liable for any claims, damages, regulatory actions, fines, carrier penalties, or legal disputes arising from Client's failure to obtain proper consent or comply with applicable laws.
7. Information Sharing
We do not sell your personal information. No mobile information will be shared with third parties/affiliates for marketing or promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. We may share your information with:
- CRM and communication platforms (such as GoHighLevel)
- Website hosting and analytics providers
- Service providers assisting in business operations
- Legal authorities when required by law
8. Artificial Intelligence Disclaimer
Our Services utilize artificial intelligence and automation. AI outputs may be inaccurate, incomplete, or inappropriate. Clients are responsible for reviewing and approving all communications.
9. Payment & Billing
Fees may include subscription fees, usage-based charges, call minute charges, SMS or messaging charges, phone number charges, third-party costs, setup fees, and other fees described at checkout, in an order form, invoice, or written agreement.
Payments are processed through Stripe or another approved payment processor. Client authorizes CALLVIA LLC and its payment processors to charge all applicable subscription, usage-based, and recurring fees using the payment method on file.
Unless otherwise stated in a written agreement, approved promotional offer, or plan-specific guarantee program, all fees are non-refundable. Refunds, credits, or service extensions are granted only at CALLVIA LLC's discretion.
Usage-based charges, including call minute charges, SMS/message charges, phone number charges, carrier-related charges, and third-party costs, are non-refundable.
Where Client agrees to a minimum commitment term, including but not limited to a three-month commitment, Client remains responsible for all fees due during the commitment term, even if Client cancels, pauses, stops using the Services, or fails to actively use the platform before the end of the commitment term.
9.1 Minimum Commitment Promotional Plans
Certain promotional, founders, discounted, or limited-time plans may require a minimum commitment term. If Client enrolls in a plan requiring a three-month minimum commitment, Client agrees to pay the full subscription amount for each month of the three-month commitment term, plus all applicable usage-based charges.
For example, if Client enrolls in a plan priced at $1,000 per month for a three-month minimum commitment, Client is responsible for $3,000 in platform subscription fees over the commitment term, plus applicable usage-based charges, including but not limited to call minute charges and phone number charges.
Cancellation before the end of the minimum commitment term does not waive Client's obligation to pay the remaining subscription fees owed for the commitment term.
Usage-based charges continue to apply during the commitment term and are billed separately from the platform subscription fee unless otherwise stated in writing.
Promotional, founders, discounted, or limited-time pricing may be limited, modified, discontinued, or made unavailable to future clients at CALLVIA LLC's discretion.
10. Acceptable Use Policy
Users may not engage in spam, harassment, fraud, impersonation, illegal activity, or carrier policy violations.
11. Intellectual Property
All software, trademarks, content, and proprietary systems remain the exclusive property of CALLVIA LLC.
12. Service Availability
We do not guarantee uninterrupted or error-free operation. Maintenance, outages, and upgrades may occur.
13. No Guarantee of Results; Plan-Specific Guarantee Programs
CALLVIA LLC makes no guarantees regarding revenue, leads, appointments, conversions, closed sales, business growth, or financial performance, unless a specific plan, written offer, order form, invoice, checkout page, or service agreement expressly states that a limited performance guarantee applies.
Any performance guarantee offered by CALLVIA LLC is plan-specific, offer-specific, and subject to the exact qualification requirements, exclusions, and remedies stated in these Terms and/or the applicable written offer.
If a Client's plan, order form, checkout page, invoice, or written agreement does not expressly state that a performance guarantee is included, then no performance guarantee applies.
13.1 Callvia Performance Guarantee for Eligible Plans
For eligible plans only, if Client uploads and actively works a minimum of one thousand (1,000) qualified leads per month, or approximately two hundred fifty (250) qualified leads per week, CALLVIA LLC may provide a limited remedy if the Services fail to generate sufficient Callvia-attributable booked appointments, interested lead responses, callbacks, or other documented sales opportunities to provide Client a reasonable opportunity to recover the applicable monthly platform subscription fee.
This guarantee does not guarantee closed sales, revenue, profit, commissions, customer acquisition, appointment attendance, policy issuance, commissions paid, or any specific financial outcome.
The Callvia Performance Guarantee applies only if the applicable plan, checkout page, invoice, order form, or written agreement expressly states that the guarantee is included.
13.2 Qualification Requirements
To qualify for the Callvia Performance Guarantee, Client must satisfy all of the following requirements during the applicable billing cycle:
- a. Client must upload and actively work at least one thousand (1,000) qualified leads per month, or approximately two hundred fifty (250) qualified leads per week.
- b. Leads must be no older than twelve (12) months.
- c. Leads must contain valid U.S.-based contact information.
- d. Leads must not be previously overworked, excessively recycled, misleading, purchased unlawfully, scraped unlawfully, or otherwise low-quality in a way that materially reduces campaign performance.
- e. Leads must not be marked as Do Not Call, disconnected, clearly invalid, fake, duplicated in excessive volume, or otherwise legally restricted from contact.
- f. Client must maintain legally required consent and proof of consent for all uploaded leads.
- g. Client must actively run campaigns during the applicable billing cycle.
- h. Client must maintain sufficient call volume and account funding to allow CALLVIA LLC to perform the Services.
- i. Client must keep all required integrations, calendars, payment methods, phone numbers, workflows, and account settings connected and functioning.
- j. Client must promptly follow up with booked appointments, interested leads, callbacks, and other opportunities generated through the Services.
- k. Client must not pause, restrict, disable, underfund, misuse, or intentionally limit the Services in a way that materially affects performance.
- l. Client's account must remain current and in good standing, with no past-due invoices, failed payments, unresolved chargebacks, or suspended services during the applicable billing cycle.
13.3 Guarantee Remedy
If Client satisfies all qualification requirements and the Services fail to generate sufficient Callvia-attributable booked appointments, interested lead responses, callbacks, or other documented sales opportunities to provide Client a reasonable opportunity to recover the applicable monthly platform subscription fee during the applicable billing cycle, CALLVIA LLC may, at its sole discretion, provide one of the following remedies:
- a. extend Client's access to the Services for an additional period at no additional platform subscription cost;
- b. issue a credit toward future platform subscription fees; or
- c. issue a partial or full refund of the applicable platform subscription fee.
The remedy selected by CALLVIA LLC shall be Client's sole and exclusive remedy under the Callvia Performance Guarantee.
13.4 Exclusions
The Callvia Performance Guarantee applies only to the platform subscription fee and does not apply to:
- a. call minute usage charges;
- b. SMS, email, phone number, carrier, or usage-based charges;
- c. third-party software, integration, or platform costs;
- d. taxes, processing fees, chargeback fees, or payment processor fees;
- e. poor lead quality;
- f. lack of follow-up by Client or Client's team;
- g. Client's inability or failure to close sales;
- h. Client's sales process, pricing, licensing, availability, calendar management, or business operations;
- i. campaigns run below the minimum required lead volume;
- j. campaigns interrupted by failed payments, disconnected integrations, invalid phone numbers, compliance issues, carrier restrictions, or Client misuse;
- k. leads that do not meet the qualification requirements stated above.
13.5 Attribution and Verification
To request a remedy under the Callvia Performance Guarantee, Client must submit a written request to CALLVIA LLC within seven (7) days after the end of the applicable billing cycle.
Client must submit any guarantee request directly to CALLVIA LLC before initiating any chargeback, payment dispute, or payment reversal. Initiating a chargeback or payment dispute before completing CALLVIA LLC's guarantee review process may result in denial of the guarantee request.
Client must provide reasonable documentation requested by CALLVIA LLC, including but not limited to lead source information, campaign activity, follow-up records, appointment outcomes, sales records where applicable, and proof that all qualification requirements were satisfied.
CALLVIA LLC shall determine, in good faith and using available platform records, campaign logs, appointment data, lead records, and Client-provided documentation, whether Client qualifies for a remedy.
Failure to provide requested documentation may result in denial of the guarantee request.
14. Limitation of Liability
CALLVIA LLC is not liable for indirect, incidental, consequential, or special damages. Total liability is limited to fees paid in the previous three months.
15. Indemnification
Clients agree to indemnify and hold harmless CALLVIA LLC from all claims arising from misuse, non-compliance, or unlawful campaigns.
16. Termination
We reserve the right to suspend or terminate accounts at any time for violations, risk exposure, or abuse.
17. Arbitration & Class Action Waiver
Disputes shall be resolved through binding arbitration in Michigan. Users waive participation in class actions.
18. Governing Law
These Terms are governed by the laws of the State of Michigan.
19. Force Majeure
We are not liable for failures caused by events beyond reasonable control, including natural disasters, outages, or governmental actions.
20. SMS Communications
CALLVIA LLC provides AI-powered voice calling, SMS messaging, and communication automation services. By opting in, you may receive messages including appointment reminders, service notifications, and account updates.
You can cancel the SMS service at any time. Just text "STOP" to the phone number you received messages from. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@callvia.ai.
Carriers are not liable for delayed or undelivered messages.
Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our privacy policy: Privacy Policy
21. Carrier Disclaimer
Mobile carriers are not liable for delayed or undelivered messages.
22. Modifications
We may update these Terms at any time. Continued use constitutes acceptance.
23. Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy, available at: Privacy Policy
24. Contact Information
Support inquiries may be sent to support@callvia.ai