Master Service Agreement & Terms of Use

1.1 Binding Agreement: By accessing the Services, you represent that you are at least 18 years of age and possess the legal authority to bind yourself or your organization to these terms. If you do not agree to these terms, you must immediately cease all use of the Services.

1.2 Changes to Terms: We reserve the right to modify this Agreement at any time. Continued use of the Services following the posting of updated terms constitutes your irrevocable acceptance of those changes.

2.1 Account Responsibility: You are responsible for maintaining the confidentiality of your login credentials. You are fully liable for all activities, including call charges and regulatory violations, that occur under your account.

2.2 Prohibited Use: You shall not:

• Reverse engineer, decompile, or attempt to extract the source code of the Call Clutch platform.
• Access the Services to build a competitive product or perform unauthorized benchmarking.
• Share account credentials or permit unauthorized third-party access to the platform.

3.1 Agentic AI Delegation: The Services utilize "Agentic AI" and synthetic voice archetypes. You acknowledge that these agents operate under your direct delegation and supervision. You are the "Initiator" of all communications facilitated by the AI.

3.2 Proprietary Voice Models: All synthetic voices and AI models provided are the exclusive property of Call Clutch. You are prohibited from using these models to impersonate specific individuals or engage in deceptive "deepfake" activities.

3.3 Zero-Training Guarantee: Call Clutch does not utilize Customer's private call audio or proprietary data to train its global AI models. Your data is siloed and used only to provide the Services to you.

4.1 Regulatory Compliance: You warrant 100% compliance with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), and all applicable "Do Not Call" (DNC) registries.

4.2 Consent and Records: You must obtain "Prior Express Written Consent" for all outbound contacts and maintain these records for a minimum of five (5) years. You agree to provide these records to Call Clutch within two (2) business days of any request.

4.3 Call Recording: You are solely responsible for compliance with "All-Party Consent" laws in applicable jurisdictions. You must provide necessary disclosures (e.g., "This call is being recorded/handled by AI") at the start of every interaction.

4.4 Calling Practices: Prohibited practices include "double tapping" (rapidly redialing the same lead) or any behavior intended to circumvent carrier screening or increase dropped-call ratios beyond FCC standards.

5.1 Non-Refundable Nature: All deposits, subscription fees, and auto-recharge payments are strictly non-refundable. Once funds are deposited, they remain as account credit for platform usage only.

5.2 Auto-Recharge: By enabling "Auto-Recharge," you authorize Call Clutch to repeatedly charge your card on file to maintain your account balance based on your configured thresholds.

5.3 Chargeback Waiver: You explicitly waive the right to dispute or "chargeback" any transaction made in accordance with this Agreement.

6.1 Customer Indemnity: You agree to defend, indemnify, and hold Call Clutch harmless from any claims, damages, or regulatory fines (including FCC/FTC penalties) arising from your violation of law or these terms.

6.2 Regulatory Reimbursement: If your use of the Services results in a fine or surcharge levied against Call Clutch by a carrier or regulator, you are liable for the full reimbursement of such costs, including legal fees.

6.3 Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALL CLUTCH'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID FOR SERVICES IN THE ONE MONTH PRIOR TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).

7.1 Wyoming Jurisdiction: This Agreement is governed by the laws of the State of Wyoming.

7.2 Mandatory Arbitration: Any dispute shall be resolved through binding arbitration in Wyoming. You understand that you are giving up your right to a trial by jury.

7.3 Class Action Waiver: All claims must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

8.1 Right to Terminate: We reserve the right to suspend or terminate your account at any time, for any reason—including "reputational risk" or suspected misuse—without notice or refund.

8.2 Data on Termination: Upon termination, you forfeit access to all data and telephone numbers within the account.