TERMS OF SERVICE

1. Introduction

These Terms of Service (“Terms”) govern access to and use of the Call2action.ai website, platform, software, AI-powered recruitment tools, applicant tracking and customer relationship management tools, lead generation services, digital onboarding features, driver retention tools, and related services (collectively, the “Services”).

The Services are provided by Call2action AI Inc. (“Call2action,” “we,” “us,” or “our”).

By accessing or using the Services, creating an account, or accepting these Terms electronically, you agree to be bound by these Terms. If you use the Services on behalf of a company or other organization, you represent that you are authorized to accept these Terms on its behalf.

If you do not agree to these Terms, you must not access or use the Services.

2. Relationship with Separate Service Agreements

Certain business customers (“Clients”) may enter into a separate written Service Agreement, annual subscription agreement, order form, or other commercial agreement with Call2action, including agreements executed electronically through DocuSign.

These Terms govern the general use of the website, platform, and Services. A separately executed agreement governs the specific commercial terms applicable to the relevant Client, including subscription duration, pricing, payment schedules, minimum commitments, renewal, cancellation, and early termination, to the extent those terms differ from these Terms.

In the event of a conflict, the separately executed agreement will prevail only with respect to the specific subject matter of that conflict. The remaining provisions of these Terms continue to apply to the extent they do not conflict with the separate agreement.

Nothing in these Terms modifies a separately executed agreement unless the parties expressly agree to that modification in writing.

3. Eligibility and Accounts

You must be legally capable of entering into a binding agreement to use the Services.

Clients and authorized users must provide accurate, current, and complete account information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for activities conducted through your account, except to the extent caused by our own failure to meet applicable obligations.

You must promptly notify us at info@call2action.ai if you suspect unauthorized access to your account.

We may restrict account access where reasonably necessary to protect the Services, investigate suspected misuse, comply with law, or enforce these Terms or an applicable service agreement.

4. Description of Services

Call2action provides software and related services that may include:

• Applicant tracking and recruitment CRM functionality;
• AI-powered voice calls, candidate prescreening, and interview workflows;
• Candidate lead generation and advertising-related services;
• Resume and applicant data management;
• Digital onboarding and document collection;
• Driver retention communications and feedback collection;
• Integrations with third-party platforms and service providers;
• Recruitment landing pages, reporting, analytics, and related functionality.

The features available to a Client depend on its subscription, order form, separate Service Agreement, configuration, and applicable third-party services.

We may modify, improve, replace, or discontinue features from time to time, subject to any applicable written contractual commitments and applicable law.

5. Client Responsibilities

Clients are responsible for:

1. Providing accurate job descriptions, hiring criteria, compensation information, and other instructions.
2. Ensuring that job advertisements and recruitment practices comply with applicable employment, consumer protection, privacy, and anti-discrimination laws.
3. Obtaining any notices, permissions, and consents required for calls, text messages, email communications, recordings, AI interactions, and processing of applicant information.
4. Ensuring that their use of the Services complies with applicable laws and third-party platform policies.
5. Reviewing candidate information and AI-generated outputs before making employment decisions.
6. Maintaining appropriate access controls for employees and other authorized users.
7. Providing accurate and lawful instructions when uploading or importing candidate data.
8. Maintaining any records and documentation required by law.

Clients must not instruct Call2action to screen, rank, reject, or otherwise treat candidates unlawfully on the basis of protected characteristics or other prohibited criteria.

Clients are responsible for their final hiring, rejection, onboarding, retention, and employment decisions.

6. Candidate Information and Communications

Candidates may interact with the Services through recruitment forms, landing pages, telephone calls, AI-powered interviews, SMS messages, emails, or other communication channels.

Candidates are responsible for providing accurate information and must not knowingly submit false, misleading, or unlawfully obtained information.

When a Client uses Call2action to contact candidates, the Client is responsible for ensuring that it has an appropriate legal basis and any required consent or authorization for those communications.

Call2action may process candidate responses, interview transcripts, call metadata, recordings where enabled, uploaded documents, and AI-generated summaries or assessments as described in our Privacy Policy and the applicable Client agreement.

Candidates may request information about their data or exercise applicable privacy rights as described in the Privacy Policy.

7. AI Features and Limitations

The Services may use artificial intelligence, automated systems, speech-to-text technology, language models, and other automated tools to conduct prescreening conversations, summarize responses, organize applicant information, suggest follow-up actions, or support recruitment and retention workflows.

AI-generated content may be incomplete, inaccurate, outdated, or misleading. AI outputs are provided to support human review and should not be treated as a guarantee of a candidate’s qualifications, suitability, identity, employment history, or future performance.

Unless expressly agreed otherwise in writing, Call2action does not make the Client’s final employment decisions. Clients must independently review relevant information and comply with applicable laws governing automated employment decision tools, discrimination, notices, assessments, and human review.

Call2action does not guarantee that AI-generated outputs will be error-free or that the Services will result in any particular number of leads, interviews, qualified applicants, hires, or retained drivers.

8. Subscriptions, Fees, and Payments

The fees, billing frequency, subscription term, payment method, and applicable service limits are determined by the checkout page, order form, or separate written agreement applicable to the Client.

Where a subscription is purchased through an online checkout or payment link, the Client authorizes Call2action and its payment processor to charge the selected payment method for the disclosed amounts and billing periods.

Where the Client signs a separate annual Service Agreement, that agreement governs the applicable annual commitment, payment schedule, renewal, cancellation, and early termination terms to the extent specified in that agreement.

Unless otherwise stated in the applicable agreement or checkout terms:

• Fees are payable in the currency and on the schedule disclosed at purchase or in the applicable agreement.
• The Client is responsible for keeping its payment information current.
• Taxes, duties, or government charges may be added where applicable.
• Third-party advertising spend and other third-party charges are separate from Call2action subscription fees unless expressly included in writing.
• We may suspend access to paid features for overdue amounts after providing any notice required by law or the applicable agreement.

A Client may not withhold undisputed payments solely because of a dispute concerning another invoice or service unless applicable law or the relevant agreement permits it.

9. Renewals, Cancellations, and Refunds

9.1. Subscription Billing and Automatic Renewal

Online subscriptions are billed at the frequency displayed at checkout. For subscriptions that renew automatically, the Client authorizes Call2action or its payment processor to charge the applicable payment method for recurring subscription fees until the subscription is cancelled.

The subscription price, billing frequency, and applicable payment terms are disclosed at checkout before purchase.

9.2. Cancellation of Online Subscriptions

Clients may request cancellation by using the available account or billing settings, where provided, or by contacting info@call2action.ai.

Unless otherwise stated at checkout or required by law, cancellation stops future renewals and takes effect at the end of the current paid billing period. The Client remains responsible for fees accrued before cancellation. Cancellation does not automatically entitle the Client to a refund for the current billing period.

9.3. Annual Service Agreements

For Clients who have signed a separate annual Service Agreement, the agreement governs the subscription term, payment obligations, renewal, cancellation, and early termination.

Any minimum commitment, early termination fee, or restriction on cancellation must be set out in the applicable Service Agreement. If the agreement conflicts with these Terms on these specific matters, the Service Agreement prevails to the extent of the conflict.

9.4. Refunds

Unless otherwise required by law or expressly agreed in writing, fees for subscription periods that have already started, services already provided, completed work, and usage already incurred are non-refundable.

9.5. Advertising Spend and Third-Party Charges

Advertising budgets and charges incurred through third-party platforms are separate from Call2action subscription fees unless expressly included in a written agreement. Advertising spend already incurred is generally non-refundable by Call2action. Any refund from a third-party platform is subject to that platform’s policies.

Clients remain responsible for authorized third-party charges incurred on their behalf, subject to the applicable agreement and law.

9.6. Failed or Overdue Payments

If a payment fails or becomes overdue, Call2action may notify the Client and request payment or updated billing information. Subject to applicable law and any separate Service Agreement, Call2action may suspend access to paid Services if the outstanding amount remains unpaid after any required notice or cure period.

Suspension or termination does not waive payment obligations that accrued before suspension or termination.

9.7. Mandatory Legal Rights

Nothing in this section excludes, restricts, or waives any rights that cannot lawfully be excluded or waived under applicable law.

10. Advertising and Lead Generation

If Call2action provides advertising, lead generation, campaign management, or related services, the scope, budget, deliverables, fees, and performance expectations may be set out in the applicable order form or separate agreement.

Advertising platforms and other third parties may reject, restrict, suspend, or modify campaigns, accounts, advertisements, targeting options, or access to data. Call2action does not control those independent decisions.

Unless expressly guaranteed in a signed written agreement, Call2action does not guarantee a particular cost per lead, lead volume, candidate qualification rate, number of interviews, hiring outcome, campaign return, or advertising approval.

Clients are responsible for approving campaign content, job requirements, and relevant budgets, and for ensuring that their hiring advertisements comply with applicable law and platform policies.

Advertising spend paid to third parties is not a Call2action subscription fee and may be non-refundable once incurred by the third party.

11. Acceptable Use

You must not, and must not permit others to:

• Use the Services unlawfully or in violation of these Terms;
• Upload data that you do not have the right to provide;
• Use the Services to discriminate unlawfully or facilitate unlawful employment practices;
• Send unsolicited or unlawful calls, messages, or emails;
• Circumvent security measures, usage limits, or access controls;
• Interfere with the availability, integrity, or security of the Services;
• Reverse engineer, copy, or attempt to extract source code or underlying models except to the extent such restriction is prohibited by law;
• Use the Services to distribute malware, commit fraud, or infringe another party’s rights;
• Resell or sublicense the Services without our written permission;
• Misrepresent AI-generated content as verified fact without appropriate review.

We may investigate suspected violations and take proportionate action, including restricting access or terminating an account, subject to applicable law and any separate agreement.

12. Data, Privacy, and Confidentiality

Our collection and use of personal information are described in the Call2action.ai Privacy Policy, available at:

https://call2action.ai/privacy-policy

Clients must ensure they have the rights and permissions necessary to provide personal information to Call2action and to instruct us to process it for the purposes of the Services.

Where Call2action processes personal information on behalf of a Client, the parties’ roles and obligations may also be governed by the applicable Service Agreement or a separate data processing agreement.

Each party must take reasonable steps to protect confidential information received from the other party and use it only for the purposes of the relationship, subject to applicable law and any separate confidentiality obligations.

This section does not replace a separate confidentiality or data processing agreement.

13. Intellectual Property

Call2action and its licensors retain all rights, title, and interest in the Services, software, platform design, branding, documentation, and related intellectual property, except for rights expressly granted in writing.

Subject to these Terms and payment of applicable fees, we grant the Client a limited, non-exclusive, non-transferable right to access and use the Services during the applicable subscription term for its internal business purposes.

The Client retains its rights in data and materials it provides to the Services, subject to the rights necessary for Call2action and its service providers to provide, maintain, secure, and improve the Services as permitted by law and the applicable agreements.

You may provide suggestions or feedback about the Services. We may use such feedback without restriction or compensation, provided that we do not disclose your confidential information in doing so.

14. Third-Party Services

The Services may integrate with or rely on third-party products, platforms, APIs, communication providers, advertising networks, payment processors, cloud providers, or AI services.

Third-party services are subject to their own terms and privacy policies. Call2action is not responsible for independent third-party products or decisions, except to the extent required by law or expressly agreed in writing.

The availability of an integration may change if a third party modifies, restricts, or discontinues its service.

15. Service Availability and Support

We will use commercially reasonable efforts to maintain the Services, but we do not guarantee uninterrupted, error-free, or continuously available operation unless a separate written agreement expressly provides otherwise.

The Services may be temporarily unavailable due to maintenance, updates, technical issues, security incidents, third-party outages, or circumstances beyond our reasonable control.

Any specific service levels, support response times, uptime commitments, or service credits must be set out in the applicable written agreement.

16. Suspension and Termination

We may suspend or terminate access to the Services where reasonably necessary to address a security risk, suspected unlawful activity, material breach of these Terms, non-payment, or a third-party restriction, subject to applicable law and any separate written agreement.

Where practicable, we will provide notice and an opportunity to remedy the issue before suspension or termination, unless immediate action is reasonably necessary.

Termination does not eliminate payment obligations that accrued before termination or any provisions that by their nature should survive, including intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, and dispute provisions.

17. Disclaimers

To the maximum extent permitted by law, the Services are provided “AS IS” and “AS AVAILABLE,” except as expressly stated in a separate written agreement.

To the maximum extent permitted by law, Call2action disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will meet every Client requirement, produce any specific hiring outcome, or operate without errors or interruptions.

Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

18. Limitation of Liability

To the maximum extent permitted by law, Call2action will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business opportunities, loss of goodwill, or loss of data, arising out of or relating to the Services or these Terms.

To the maximum extent permitted by law, Call2action’s aggregate liability arising out of or relating to these Terms or the Services will not exceed the fees paid or payable to Call2action by the relevant Client for the affected Services during the three (3) months immediately preceding the event giving rise to the claim.

This limitation does not apply to liability that cannot be limited under applicable law. A separate written agreement may establish different liability terms for the Client covered by that agreement.

19. Indemnification

To the extent permitted by law, a Client will defend, indemnify, and hold harmless Call2action and its officers, directors, employees, and agents from third-party claims, liabilities, damages, and reasonable expenses arising from:

• The Client’s unlawful use of the Services;
• Materials, job advertisements, or candidate data supplied by the Client;
• The Client’s employment, screening, rejection, or retention decisions;
• The Client’s failure to obtain legally required notices, permissions, or consents;
• The Client’s material violation of these Terms or applicable law.

This obligation does not apply to the extent a claim results from Call2action’s own breach, negligence, willful misconduct, or other conduct for which indemnification cannot lawfully be required.

20. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except where mandatory law provides otherwise.

Subject to applicable law and any dispute resolution provisions in a separate written agreement, the state and federal courts located in Delaware will have jurisdiction over disputes arising out of these Terms, and the parties consent to that jurisdiction.

Nothing in this section limits rights that cannot lawfully be waived or prevents either party from seeking urgent injunctive relief where appropriate.

21. Changes to These Terms

We may update these Terms from time to time. The “Last Updated” date will indicate when the current version was published.

Where required by law, we will provide notice of material changes. Continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.

Changes to a separate written agreement must be made in accordance with that agreement.

22. General Provisions

If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

Our failure to enforce a provision is not a waiver of our right to enforce it later.

You may not assign these Terms without our prior written consent, except as permitted by applicable law. We may assign these Terms in connection with a merger, reorganization, sale of assets, or transfer of substantially all of our business, subject to applicable law.

These Terms, together with any applicable separate written agreement and incorporated policies, form the agreement governing use of the Services, subject to the priority rules in Section 2.

23. Contact Us

For questions about these Terms, contact:

Call2action AI Inc.
Email: info@call2action.ai
Website: https://call2action.ai