Skip to main content

Legal

Terms of Service

Effective Date: January 1, 2026 · Last Updated: March 27, 2026

IMPORTANT: PLEASE READ CAREFULLY. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," "Visitor," or "your") and Fuentes Digital Ventures LLC, a Wyoming limited liability company operating under the commercial brand Callengo ("Callengo," "we," "us," or "our"). These Terms govern both your use of the Callengo marketing website at callengo.com (the "Website") and the Callengo AI voice automation platform accessible at app.callengo.com (the "Service"). By visiting the Website, creating an account, clicking "I Agree," completing the registration process, subscribing to our newsletter, submitting a contact form, or accessing or using any part of the Website or Service, you agree to be bound by these Terms in their entirety. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind that entity. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Website or Service.

TABLE OF CONTENTS

01Definitions
02Eligibility & Account Creation
03Description of Services
04Website Terms of Use
05License Grant & Permitted Use
06Customer Obligations
07AI Calling Compliance
08Acceptable Use Policy
09Customer Data & Intellectual Property
10Third-Party Integrations
11Fees, Billing & Payment
12Confidentiality
13Data Protection & Privacy
14Email Marketing & Communications
15Indemnification
16Disclaimer of Warranties
17Limitation of Liability
18Term & Termination
19Dispute Resolution
20Governing Law
21Changes to Terms
22Miscellaneous
23Contact Information

01Definitions

For purposes of these Terms, the following definitions apply:

"Agreement" means these Terms of Service, together with any Order Forms, Subscription Confirmation emails, and any documents expressly incorporated herein by reference, including the Privacy Policy and the Data Processing Addendum.
"AI Voice Agent" means an automated conversational system deployed through the Service that initiates outbound telephone calls using artificial intelligence, including speech recognition, natural language understanding, and text-to-speech synthesis technologies, operating autonomously based on Customer-configured parameters.
"Call Data" means all data generated by or resulting from an AI Voice Agent call, including without limitation: call recordings, call transcripts, AI-generated call summaries, call outcome classifications, extracted metadata, call duration, disposition records, and any structured outputs derived from post-call analysis.
"Campaign" means a configured set of AI Voice Agent calls dispatched by Customer to a Customer-defined contact list, in accordance with Customer-defined parameters including call script, target contacts, scheduling, and objectives.
"Contact" means an individual whose personal information (including name, telephone number, email address, and other identifying data) has been uploaded to or imported into the Service by Customer for use in one or more Campaigns.
"Contact List" means a collection of Contacts organized by Customer within the Service for use in a Campaign.
"Customer Data" means all data, content, and information submitted, uploaded, imported, or generated by Customer through the Service, including without limitation: Contact Lists, Call Data, CRM data imported through integrations, campaign configurations, agent scripts, and account settings. As between the parties, Customer retains all ownership rights in Customer Data.
"Documentation" means the technical and user documentation made available by Callengo at callengo.com or app.callengo.com describing the features and operation of the Service.
"Order Form" means a written or electronic order document or subscription confirmation specifying the subscription plan, fees, and other commercial terms agreed between Callengo and Customer.
"Personal Data" has the meaning given to it under applicable privacy law, including the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the California Consumer Privacy Act ("CCPA"), and their respective implementing regulations, as applicable.
"Newsletter" means the email subscription service offered through the Website footer, through which Callengo sends marketing communications, product updates, and promotional content to opted-in subscribers.
"Free Tools" means the complimentary online tools and utilities made available by Callengo through the Website at callengo.com/free-tools, provided without charge and subject to these Terms.
"Service" means the Callengo AI voice automation platform, including the web application accessible at app.callengo.com, all associated APIs, integrations, features, tools, and functionalities, as further described in Section 3.
"Visitor" means any individual who accesses or browses the Website without necessarily creating an account or subscribing to the Service.
"Website" means the Callengo marketing website accessible at callengo.com, including all pages, blog content, documentation, free tools, audio demos, and other publicly accessible content and features hosted thereon, as distinct from the Service (the application platform at app.callengo.com).
"Website Content" means all text, graphics, images, audio files (including demo recordings), videos, logos, icons, software, code, data compilations, page layouts, underlying source code, and all other content and materials published on or through the Website.
"Subscription Plan" means the subscription tier selected by Customer (including Free, Starter, Growth, Business, Teams, or Enterprise, or any successor tiers), as detailed at callengo.com/pricing.
"Third-Party Services" means any applications, platforms, software, or services operated by entities other than Callengo that Customer elects to connect to the Service through available integrations.
"Usage Data" means aggregated, anonymized, and de-identified data derived from Customer's use of the Service, including platform performance metrics and feature usage statistics, that cannot reasonably be used to identify Customer or any individual.

02Eligibility and Account Creation

2(a)
Eligibility. The Service is intended solely for use by businesses and their authorized representatives. To use the Service, you must: (i) be a legal entity duly organized and in good standing under applicable law, or an individual who is at least eighteen (18) years of age; (ii) have the legal capacity to enter into binding contracts; and (iii) not be barred from receiving the Service under applicable law, including without limitation the laws of the United States or the European Union. By using the Service, you represent and warrant that you meet all eligibility requirements.
2(b)
Account Registration. To access the Service, you must create an account by providing accurate, current, and complete information as prompted during the registration process, including your full name, business email address, and company information. You agree to update your account information promptly to keep it accurate, current, and complete. Callengo reserves the right to reject any registration or suspend or terminate any account where the information provided is found to be inaccurate, incomplete, or misleading.
2(c)
Account Security. You are solely responsible for: (i) maintaining the confidentiality of your account credentials, including your password and any multi-factor authentication codes; (ii) all activities that occur under your account, whether or not authorized by you; and (iii) immediately notifying Callengo at legal@callengo.com of any unauthorized access to or use of your account. Callengo shall not be liable for any loss or damage arising from your failure to comply with this Section 2(c).
2(d)
One Account Per Entity. Each Customer entity may maintain only one active account unless otherwise agreed in writing with Callengo. Accounts are non-transferable. You may not assign or transfer your account to any other person or entity without Callengo's prior written consent.
2(e)
Team Members. Subject to your Subscription Plan's seat limits, you may invite additional users ("Team Members") to access the Service under your account. You are responsible for all use of the Service by your Team Members and for ensuring that each Team Member complies with these Terms. You may assign Team Members the roles of Owner, Admin, or Member, as described in the Documentation.

03Description of Services

3(a)
Platform Overview. Callengo provides an AI-powered outbound voice automation platform that enables business customers to deploy AI Voice Agents that place automated telephone calls to Customer-provided Contact Lists. The Service operates as an integrated system comprising:
  • ▸Campaign Management: tools to create, configure, schedule, and manage outbound AI Voice Agent campaigns, including script configuration, contact targeting, and scheduling parameters;
  • ▸AI Voice Execution: automated voice agents that conduct telephone conversations using AI-powered speech synthesis and natural language processing, operating in accordance with Customer-configured instructions;
  • ▸Real-Time Transcription: automated conversion of call audio to text transcripts, enabling post-call review and analysis;
  • ▸Outcome Analysis: AI-driven extraction of structured information from call transcripts, including lead qualification results, appointment confirmation status, contact data validation outcomes, and call sentiment analysis;
  • ▸CRM and Calendar Synchronization: automated writing of call outcomes to Customer-connected Third-Party Services, including CRM platforms and calendar applications, as enabled by Customer through available integrations; and
  • ▸Reporting and Analytics: dashboards, metrics, and data export capabilities providing Customer with visibility into Campaign performance.
3(b)
Technology Provider Status. Callengo is a technology infrastructure provider. Callengo does not itself initiate calls to any individual, select call recipients, define campaign objectives, or operate as a telemarketer, telephone solicitor, or automatic telephone dialing system operator. All outbound telephone calls initiated through the Service are initiated by and legally attributable to Customer. Customer: (i) supplies the Contact List; (ii) configures the AI Voice Agent task, script, and parameters; (iii) defines the purpose of each call; (iv) authorizes the initiation of each Campaign; and (v) controls when Campaigns start and stop. Callengo provides the technical means by which Customer's instructions are executed; the legal and regulatory responsibility for all calling activity resides with Customer.
3(c)
No Guarantee of Outcomes. The Service does not guarantee specific call outcomes, answer rates, contact rates, appointment rates, conversion rates, or any other business results. Callengo provides the technology platform; Customer is solely responsible for the content, targeting, compliance, and business results of all Campaigns.
3(d)
Marketing Website. In addition to the Service, Callengo operates the marketing Website at callengo.com. The Website provides publicly accessible information about Callengo, including product descriptions, pricing information, blog articles, documentation, free tools, interactive audio demonstrations of AI Voice Agents, and contact and subscription forms. Use of the Website is governed by these Terms (including Section 4) and the Privacy Policy and Cookie Policy available at callengo.com.

04Website Terms of Use

4(a)
General Website Access. The Website is made available to all Visitors for informational purposes. By accessing the Website, you agree to these Terms whether or not you create an account or subscribe to the Service. Callengo reserves the right to modify, suspend, or discontinue any aspect of the Website at any time without prior notice and without liability.
4(b)
Website Intellectual Property. All Website Content is the exclusive property of Callengo or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. You may view and download Website Content for your personal, non-commercial, informational use only. You may not: (i) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any Website Content without Callengo's prior written consent; (ii) use any Website Content for commercial purposes, including in marketing materials, reports, or presentations, without express written permission; (iii) remove, alter, or obscure any copyright, trademark, or other proprietary notices from any Website Content; or (iv) use automated tools, scripts, bots, or scrapers to extract, download, or collect Website Content.
4(c)
Blog Content. Blog articles published at callengo.com/blog are provided for general informational and educational purposes only. Blog content does not constitute legal, financial, compliance, or professional advice. Callengo makes no warranty regarding the accuracy, completeness, or currency of blog content. You may share links to blog articles but may not reproduce or republish blog content in whole or in substantial part without Callengo's prior written consent. Callengo reserves the right to modify, update, or remove blog articles at any time.
4(d)
Free Tools. Callengo may offer certain Free Tools through the Website at callengo.com/free-tools. Free Tools are provided on an "as is" and "as available" basis without any warranty of any kind, express or implied. Callengo makes no guarantees regarding the accuracy, reliability, or suitability of any output or result generated by Free Tools. You use Free Tools at your own risk. Free Tools are intended for informational and educational purposes only and should not be relied upon as a substitute for professional advice. Callengo reserves the right to modify, limit, or discontinue any Free Tool at any time without notice. Callengo may collect usage data in connection with Free Tools in accordance with the Privacy Policy.
4(e)
Audio Demonstrations. The Website includes interactive audio demonstrations of AI Voice Agent conversations. These audio demos are pre-recorded sample recordings provided for illustrative purposes only. They are the exclusive property of Callengo and may not be downloaded, reproduced, distributed, or used for any purpose other than previewing the Service on the Website. The audio demos do not represent actual customer calls, and actual AI Voice Agent performance may differ from demo recordings.
4(f)
Website Analytics, Tracking, and Cookie Consent. The Website uses third-party analytics and tracking technologies to understand how Visitors interact with the Website and to improve its content and functionality. These technologies include, without limitation: Google Tag Manager, Google Analytics 4, HubSpot Tracking Code, and LinkedIn Insight Tag. All analytics and advertising cookies and tracking technologies are blocked by default and are activated only after you provide affirmative consent through the Website's consent management platform (Usercentrics CMP), in compliance with Google Consent Mode v2, the ePrivacy Directive, and applicable data protection laws. You may manage, modify, or withdraw your cookie consent preferences at any time through the consent management interface accessible via the cookie settings link in the Website footer. For further details on the types of cookies used, their purposes, and retention periods, please refer to the Cookie Policy at callengo.com/cookies and the Privacy Policy at callengo.com/privacy.
4(g)
Contact Form. The Website provides a contact form at callengo.com/contact that collects your name, email address, company name, and message. By submitting the contact form, you consent to Callengo receiving, storing, and processing the submitted information for the purpose of responding to your inquiry. Contact form submissions are processed through HubSpot CRM (hosted in the EU1 region). Your submitted data will be handled in accordance with the Privacy Policy and HubSpot's own terms of service and privacy policy. Callengo will use contact form data solely to respond to your inquiry and, where you have separately opted in, to send marketing communications. You may request deletion of your contact form data at any time by emailing privacy@callengo.com.
4(h)
Newsletter Subscription. The Website offers a Newsletter subscription through the footer email subscription form. By entering your email address and subscribing, you provide your affirmative opt-in consent to receive marketing emails from Callengo, including product updates, feature announcements, industry insights, and promotional content. Newsletter subscription data is transmitted to and stored in HubSpot CRM. You may unsubscribe from the Newsletter at any time by: (i) clicking the "unsubscribe" link included in every marketing email; or (ii) contacting Callengo at privacy@callengo.com. Upon unsubscription, Callengo will cease sending marketing emails within ten (10) business days, in compliance with the CAN-SPAM Act. Callengo will not sell, rent, or share your email address with third parties for their own marketing purposes.
4(i)
Links to Third-Party Websites. The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Callengo. Callengo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Inclusion of a link does not imply endorsement by Callengo. You access third-party websites at your own risk and should review their respective terms and privacy policies.

05License Grant and Permitted Use

5(a)
License. Subject to Customer's compliance with these Terms and timely payment of all applicable fees, Callengo grants Customer a limited, non-exclusive, non-transferable, revocable license during the Term to: (i) access and use the Service solely for Customer's internal business operations; (ii) allow authorized Team Members to access and use the Service under Customer's account; and (iii) access and use the Documentation for purposes of operating the Service.
5(b)
Restrictions. Customer shall not, and shall not permit any third party to:
  1. 01.sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service or any component thereof, except as expressly permitted by Callengo in writing;
  2. 02.modify, translate, adapt, or create derivative works of the Service or any part thereof;
  3. 03.reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, algorithms, trade secrets, or underlying ideas from the Service or any related software;
  4. 04.access the Service in order to build a competing product or service, or to benchmark the Service against a competing product or service;
  5. 05.use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service;
  6. 06.use automated scripts, bots, spiders, scrapers, crawlers, or other automated means to access, collect, or extract data from the Service;
  7. 07.remove, alter, or obscure any proprietary notices, labels, or marks on or in the Service or Documentation;
  8. 08.frame or mirror any content of the Service without Callengo's prior written consent;
  9. 09.use the Service to upload or transmit any malicious code, viruses, worms, Trojan horses, or other harmful or disruptive software;
  10. 10.circumvent, disable, or otherwise interfere with any security-related features of the Service;
  11. 11.use the Service in violation of any applicable law or regulation; or
  12. 12.use outputs, data, or content generated through the Service to train, develop, or improve any artificial intelligence or machine learning model, system, or dataset without Callengo's prior written consent.
5(c)
Reservation of Rights. Callengo reserves all rights not expressly granted in these Terms. No license is granted to Customer by implication, estoppel, or otherwise.

06Customer Obligations

6(a)
Accuracy of Information. Customer is solely responsible for the accuracy, completeness, and legality of all information and data provided to Callengo, including Contact Lists, CRM data, campaign scripts, and account information.
6(b)
Lawful Use. Customer shall use the Service only for lawful purposes and in strict compliance with all applicable federal, state, local, and international laws and regulations, including without limitation all telemarketing, calling, data protection, and consumer protection laws.
6(c)
Contact Data Responsibility. Customer represents and warrants that: (i) it has the legal right to possess, process, and use all Contact data uploaded to or imported into the Service; (ii) such Contact data was obtained lawfully and in compliance with all applicable privacy and data protection laws; and (iii) Customer has obtained all required consents or has a lawful basis for providing Contact data to Callengo for Campaign processing.
6(d)
Script Content Responsibility. Customer is solely responsible for all content included in AI Voice Agent scripts, task instructions, opening statements, voicemail messages, and any other Campaign configuration parameters. Callengo does not review, edit, or approve Customer scripts for legal compliance, accuracy, or appropriateness.
6(e)
Cooperation with Compliance. Customer shall cooperate reasonably with Callengo in connection with any regulatory inquiry, legal proceeding, or compliance review relating to Customer's use of the Service, including by providing information and records relevant to the inquiry upon Callengo's reasonable request.

07AI Calling Compliance

⚠ This section contains critical legal obligations. Please read it in its entirety before initiating any Campaign.

7(a)
Customer's Sole Compliance Responsibility. Customer represents, warrants, and covenants that it has obtained all legally required consents, permissions, and authorizations under applicable law prior to initiating any Campaign. This obligation applies to all federal, state, and local laws governing outbound telephone calling, including without limitation:
  • ▸the Telephone Consumer Protection Act (47 U.S.C. § 227) ("TCPA") and all regulations promulgated thereunder by the Federal Communications Commission (FCC);
  • ▸the FCC's declaratory ruling of February 2024, which clarified that AI-generated voices constitute 'artificial voices' for purposes of the TCPA, requiring prior express written consent for calls using AI-generated voices to wireless telephone numbers, regardless of whether the calls are classified as telemarketing;
  • ▸the Federal Trade Commission's Telemarketing Sales Rule (16 C.F.R. Part 310) ("TSR");
  • ▸the CAN-SPAM Act (15 U.S.C. §§ 7701 et seq.) to the extent any electronic communications are transmitted in connection with Customer's use of the Service;
  • ▸all applicable state telemarketing statutes, including the California Automatic Dialing-Announcing Device laws, the Florida Telephone Solicitation Act, and equivalent legislation in all jurisdictions where Campaign calls are placed or received; and
  • ▸all applicable international laws and regulations governing automated outbound calling in jurisdictions where Contacts are located.
7(b)
Prior Express Written Consent. For calls using AI-generated voices placed to wireless telephone numbers in the United States, Customer must obtain prior express written consent from each Contact before initiating any such call. "Prior express written consent" requires a signed written agreement (including a valid electronic signature) that: (i) clearly and conspicuously discloses that the individual agrees to receive calls using an artificial voice or prerecorded message from or on behalf of Customer; (ii) identifies Customer as the calling entity; and (iii) is not a condition of any purchase or service. Customer is solely responsible for obtaining, documenting, and maintaining records of all required consents in a form that can be produced upon demand.
7(c)
Do-Not-Call Compliance. Customer is solely and exclusively responsible for scrubbing all Contact Lists against: (i) the National Do Not Call Registry maintained by the FTC at donotcall.gov; (ii) all applicable state do-not-call registries; and (iii) any internal company-specific do-not-call list maintained by Customer. Callengo does not perform DNC Registry scrubbing on Customer's behalf and shall have no liability for calls placed to numbers registered on any do-not-call registry where Customer failed to scrub its Contact Lists prior to upload.
7(d)
Call Recording Consent. Customer is solely responsible for complying with all applicable call recording consent laws in every jurisdiction where Campaign calls are placed or received. The Service records all calls by default as part of its standard functionality. If Customer does not wish to enable call recording, Customer must contact Callengo to discuss recording configuration options. In all-party consent jurisdictions (including, without limitation, California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, and Washington), Customer must configure AI Voice Agent scripts to include a legally sufficient recording consent disclosure at the beginning of each call. Callengo makes no warranty that any particular disclosure language satisfies the recording consent requirements of any specific jurisdiction.
7(e)
Calling Hours Restrictions. Customer shall configure Campaigns to place calls only during hours permitted by applicable law. Under the TCPA and the TSR, calls to consumers generally may not be placed before 8:00 a.m. or after 9:00 p.m. local time of the called party. Numerous states impose additional or more restrictive time-of-day requirements. Customer is solely responsible for configuring Campaign scheduling to respect the local timezone of each Contact. Callengo may provide scheduling tools to assist with this configuration but does not independently verify that Customer-configured schedules comply with applicable law.
7(f)
Voicemail and Answering Machine Compliance. When an AI Voice Agent leaves a voicemail message upon reaching an answering machine, Customer is responsible for ensuring that such messages comply with all applicable legal requirements, including required disclosures under the TCPA and TSR regarding the identity of the calling party and instructions for opting out of future calls.
7(g)
AI and Automated Calling Disclosure. Customer is solely responsible for determining whether applicable law in each jurisdiction where Campaign calls are placed requires disclosure of the automated or AI nature of calls, and for configuring AI Voice Agent scripts to include any such required disclosures. Without limiting the foregoing, Customer acknowledges that: (i) California Business & Professions Code § 17512 requires robocalls to clearly disclose their automated nature at or near the beginning of the call; (ii) the EU AI Act (Regulation (EU) 2024/1689) requires that persons interacting with AI systems be informed that they are interacting with AI, unless this is obvious from context; and (iii) analogous requirements may apply in other jurisdictions. Callengo recommends, without warranty, that Customer configure AI Voice Agents to identify themselves as AI assistants at the beginning of every call. This recommendation does not constitute legal advice.
7(h)
Opt-Out Obligation. When a Contact asks to be placed on Customer's internal do-not-call list during a call or by any other means, Customer is legally required to honor that request within the timeframe required by applicable law (immediately under some state laws; within thirty (30) days under the TSR) and to remove the opted-out Contact from all future Campaigns. Customer is solely responsible for maintaining and honoring an internal do-not-call list and for ensuring opted-out contacts are not re-contacted.
7(i)
Platform-Level Technical Controls. The Service implements certain technical controls that limit call frequency, including: (i) a minimum interval between repeated calls to the same Contact; (ii) per-company concurrent call limits based on Subscription Plan; and (iii) daily and hourly call count limits. These controls are designed to prevent operational issues and do not substitute for Customer's independent obligations to comply with all applicable federal and state laws governing call frequency, DNC registration, consent requirements, and harassment prohibition.
7(j)
Callengo's Right to Suspend. Callengo reserves the right, in its sole discretion, to immediately suspend or terminate any Campaign or Customer account that Callengo reasonably believes is being used in violation of this Section 7, applicable law, or these Terms, without prior notice and without liability to Customer.

08Acceptable Use Policy

8(a)
Prohibited Uses. Customer shall not use the Service for any of the following purposes:
  1. 01.initiating calls to any individual who has not provided the level of prior consent required by applicable law for the type of call being placed;
  2. 02.initiating calls to any number registered on the National DNC Registry, any applicable state DNC registry, or Customer's own internal DNC list, unless Customer holds a specific legal exemption or documented consent;
  3. 03.using AI Voice Agents to deceive, defraud, impersonate, or misrepresent any person, business, government entity, or organization;
  4. 04.using the Service in connection with debt collection calls to consumers in violation of the Fair Debt Collection Practices Act (FDCPA) or applicable state law;
  5. 05.using the Service for political calling, charitable solicitation, survey calling, or any other purpose without ensuring compliance with all laws applicable to that specific purpose;
  6. 06.using the Service to conduct harassment campaigns, place nuisance calls, or cause annoyance, inconvenience, or needless anxiety to any individual;
  7. 07.uploading Contact Lists obtained by deceptive means, purchased from data brokers without adequate consent verification, or obtained in violation of any applicable privacy or data protection law;
  8. 08.using the Service to process Protected Health Information (PHI) as defined under HIPAA — Callengo does not currently offer Business Associate Agreements (BAAs) and the Service must not be used for HIPAA-regulated workflows;
  9. 09.using the Service in connection with payment card data subject to PCI DSS requirements;
  10. 10.using the Service to target individuals under the age of eighteen (18) or to collect information from minors;
  11. 11.using the Service in any manner that infringes, misappropriates, or violates any intellectual property right or other proprietary right of any third party;
  12. 12.using the Service to transmit, store, or process any content that is unlawful, obscene, defamatory, threatening, discriminatory, or otherwise objectionable; or
  13. 13.attempting to gain unauthorized access to any part of the Service, any other customer account, or any system or network connected to the Service.
8(b)
Callengo's Enforcement Rights. Callengo reserves the right to investigate any suspected violation of this Section 8 and to take any action Callengo deems appropriate in its sole discretion, including removing Customer Data, suspending or terminating Customer's account, and reporting violations to law enforcement authorities. Callengo has no obligation to monitor Customer's use of the Service for compliance with this Section 8.

09Customer Data and Intellectual Property

9(a)
Customer Data Ownership. As between the parties, Customer retains all ownership rights in Customer Data. Customer grants Callengo a limited, non-exclusive, worldwide, royalty-free license to access, store, process, transmit, and use Customer Data during the Term solely for the purpose of: (i) providing and operating the Service; (ii) transmitting Customer Data to Third-Party Services as directed by Customer through integrations; (iii) performing post-call analysis using AI processing services; (iv) complying with Callengo's legal obligations; and (v) enforcing these Terms.
9(b)
AI Model Training. By default, Call Data may be used by Callengo and its AI processing sub-processors to improve AI model performance and service quality. Customers on applicable Subscription Plans may opt out of model training in their Account Settings. Callengo does not sell Customer Data to any third party.
9(c)
Usage Data. Callengo may collect, use, and disclose Usage Data for any lawful business purpose, including product improvement, analytics, and reporting, provided that Usage Data does not identify Customer or any individual. Usage Data is owned by Callengo.
9(d)
Feedback. If Customer provides Callengo with feedback, suggestions, or recommendations regarding the Service, Customer grants Callengo a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and commercialize such Feedback in any manner, without obligation or restriction.
9(e)
Callengo Intellectual Property. The Service, including all software, algorithms, interfaces, content, methodologies, and Documentation, is and shall remain the exclusive property of Callengo and its licensors. All rights not expressly granted to Customer are reserved by Callengo.

10Third-Party Integrations

10(a)
Integration Availability. The Service supports integration with certain Third-Party Services, including CRM platforms, calendar applications, scheduling tools, communication services, and spreadsheet tools. Available integrations vary by Subscription Plan and are described at callengo.com/integrations. Integration availability is subject to change at any time.
10(b)
Customer Responsibility for Third-Party Services. Customer's access to and use of any Third-Party Service is governed solely by the terms of service, privacy policies, and data processing agreements of the applicable third-party provider. Customer is solely responsible for: (i) reviewing and complying with the terms of all Third-Party Services Customer connects to the Service; (ii) ensuring that its use of any Third-Party Service integration complies with applicable law; and (iii) maintaining the necessary rights and authorizations to connect its Third-Party Service accounts to the Service.
10(c)
Data Flow Disclosure. When Customer enables an integration, Customer Data (including Contact records, call transcripts, call outcomes, and extracted data fields) may be transmitted to and stored within the connected Third-Party Service. By enabling an integration, Customer authorizes Callengo to transmit such data to the Third-Party Service on Customer's behalf. Customer acknowledges that once data is transmitted to a Third-Party Service, such data is subject to the Third-Party Service's policies and is outside Callengo's control.
10(d)
No Agency or Endorsement. Callengo is not an agent, partner, reseller, or affiliate of any Third-Party Service provider. Callengo makes no representations or warranties regarding the performance, security, privacy practices, availability, or compliance of any Third-Party Service. Callengo is not responsible for any act or omission of any Third-Party Service provider.
10(e)
OAuth Credentials. Where Customer authorizes the Service to access a Third-Party Service account using OAuth 2.0, Customer represents that it has the legal right to grant such authorization and that doing so complies with the applicable Third-Party Service's terms of service.
10(f)
Third-Party Service Changes. Third-Party Services may change their APIs, terms, or functionality at any time. Callengo does not guarantee the continued availability of any integration and shall have no liability for any loss or damage resulting from changes to or discontinuation of any Third-Party Service integration.

11Fees, Billing, and Payment

11(a)
Subscription Fees. Customer agrees to pay all fees applicable to the selected Subscription Plan in accordance with the pricing set forth at callengo.com/pricing or as specified in an Order Form. All fees are quoted and payable in United States Dollars unless otherwise specified.
11(b)
Billing Cycle. Subscription fees are billed in advance on a monthly or annual basis, depending on the billing cycle selected by Customer. Annual subscriptions are billed for the full annual term upfront and are not refundable except as expressly provided in these Terms.
11(c)
Payment Processing. All payments are processed by a third-party payment processor. By providing payment information, Customer authorizes Callengo and its payment processor to charge Customer's designated payment method for all fees when due. Customer represents that the payment information provided is accurate and that Customer is authorized to use the designated payment method.
11(d)
Automatic Renewal. Subscriptions automatically renew at the end of each billing period at the then-current subscription price, unless Customer cancels before the renewal date. Customer may cancel through Account Settings or by contacting legal@callengo.com.
11(e)
Metered Usage and Overage Fees. Each Subscription Plan includes an allotment of outbound call minutes per billing period. If Customer exceeds its included minute allotment and has enabled the overage feature, Customer will be charged overage fees at the applicable per-minute rate. Overage fees are charged in arrears at the end of the billing period. Customer may set an overage spending cap in Account Settings; calls will be suspended when the spending cap is reached. Callengo is not responsible for overage charges incurred before a spending cap is reached.
11(f)
Taxes. All fees are exclusive of applicable taxes, levies, duties, and similar governmental assessments (including sales, use, value-added, and withholding taxes). Customer is responsible for all taxes imposed on its use of the Service, excluding taxes based on Callengo's net income.
11(g)
Late Payment. If any payment is not received within ten (10) days of its due date, Callengo reserves the right to: (i) suspend Customer's access to the Service; (ii) charge interest on the overdue amount at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is less; and (iii) terminate the Agreement pursuant to Section 18(b).
11(h)
Disputes. Customer must dispute any invoice in good faith by written notice to legal@callengo.com within thirty (30) days of the invoice date. Failure to dispute within this period constitutes acceptance of the invoice as accurate.
11(i)
No Refunds. Except as required by applicable law or as expressly set forth in these Terms, all fees paid to Callengo are non-refundable. Cancellation of a subscription before the end of a billing period does not entitle Customer to a refund for any portion of the prepaid subscription fee.
11(j)
Free Trial and Free Plan. If Callengo offers Customer a free trial or a free tier, such access is provided subject to these Terms. Callengo reserves the right to modify or discontinue free trials and free tiers at any time.
11(k)
Plan Changes. Customer may upgrade its Subscription Plan at any time, with the upgrade taking effect immediately and the applicable fees prorated for the remainder of the billing period. Downgrades take effect at the beginning of the next billing period. Callengo reserves the right to adjust the features, minute allotments, and pricing of Subscription Plans upon thirty (30) days' prior notice.

12Confidentiality

12(a)
Definition. "Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") in connection with the Service, which is designated as confidential or which reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer's Confidential Information includes Customer Data. Callengo's Confidential Information includes the Service, pricing, and any non-public technical or business information about the Service.
12(b)
Obligations. The Receiving Party agrees to: (i) hold the Disclosing Party's Confidential Information in confidence using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care; (ii) not disclose Confidential Information to any third party except as permitted under these Terms; and (iii) use the Disclosing Party's Confidential Information only as necessary to perform obligations or exercise rights under these Terms.
12(c)
Exclusions. Confidentiality obligations do not apply to information that: (i) is or becomes publicly available through no breach of these Terms; (ii) was known to the Receiving Party before disclosure; (iii) is independently developed by the Receiving Party without use of Confidential Information; or (iv) is rightfully received from a third party without restriction.
12(d)
Required Disclosure. The Receiving Party may disclose Confidential Information to the extent required by applicable law or court order, provided that the Receiving Party provides the Disclosing Party with reasonable prior written notice (to the extent legally permitted) and cooperates with efforts to seek a protective order.

13Data Protection and Privacy

13(a)
Privacy Policy. Callengo's collection and use of personal data in connection with the Service is governed by the Privacy Policy available at callengo.com/privacy, which is incorporated into these Terms by reference.
13(b)
Data Processing Addendum. To the extent that Callengo processes Personal Data on behalf of Customer as a data processor within the meaning of applicable data protection law, including the GDPR, the parties agree to be bound by Callengo's Data Processing Addendum ("DPA"), available at callengo.com/legal/dpa, which is incorporated into these Terms by reference. The DPA sets forth the parties' respective rights and obligations with respect to data processing.
13(c)
Customer as Data Controller. With respect to Contact Data and any other Personal Data of third parties processed through the Service, Customer is the data controller and Callengo is the data processor. Customer is solely responsible for: (i) establishing the lawful basis for processing Contact Data; (ii) providing required notices and disclosures to Contacts; (iii) honoring data subject rights requests; and (iv) complying with all applicable data protection laws.
13(d)
Data Security. Callengo implements reasonable technical and organizational security measures designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction. No method of transmission over the internet or method of electronic storage is 100% secure, and Callengo cannot guarantee absolute security.
13(e)
Data Retention. Customer Data is retained in accordance with the retention periods set forth in the Privacy Policy and DPA. Customer is responsible for exporting any Customer Data it wishes to retain prior to termination of the Agreement.

14Email Marketing and Communications

14(a)
Transactional Communications. By creating an account or submitting a contact form, you consent to receive transactional and service-related communications from Callengo, including account confirmations, security alerts, billing notifications, and responses to your inquiries. These communications are not marketing messages and are necessary for the operation of the Service or to fulfill your requests; accordingly, you may not opt out of transactional communications while maintaining an active account.
14(b)
Marketing Communications. Callengo sends marketing emails only to individuals who have provided affirmative opt-in consent, whether through the Website Newsletter subscription, contact form opt-in, or account registration preferences. Marketing communications may include product updates, feature announcements, industry insights, educational content, promotional offers, and event invitations.
14(c)
Outbound Email Campaigns (Smartlead). Callengo may use third-party email outreach platforms, including Smartlead, to send introductory and promotional emails to business contacts whose information is obtained from publicly available professional sources. All outbound email campaigns conducted by Callengo comply with the CAN-SPAM Act (15 U.S.C.§§ 7701 et seq.), the GDPR (where applicable), and all other applicable anti-spam and electronic communications laws. Every outbound marketing email sent by Callengo: (i) accurately identifies Callengo as the sender; (ii) includes a valid physical postal address; (iii) contains a clear and conspicuous unsubscribe mechanism; and (iv) does not use deceptive subject lines or misleading header information. Contact data collected through outbound email campaigns may be synced to HubSpot CRM for relationship management purposes.
14(d)
Right to Opt Out. You may opt out of marketing communications at any time by: (i) clicking the "unsubscribe" link included at the bottom of every marketing email; (ii) replying to any marketing email with "unsubscribe" or "stop"; or (iii) emailing privacy@callengo.com with the subject line "Unsubscribe." Upon receipt of an opt-out request, Callengo will remove your email address from all marketing email lists within ten (10) business days, in compliance with the CAN-SPAM Act. Opting out of marketing communications does not affect your receipt of transactional communications related to your account.
14(e)
No Spam Policy. Callengo maintains a strict no-spam policy. Callengo does not send unsolicited bulk email to consumer email addresses, does not purchase consumer email lists from third parties, and does not use harvested or scraped email addresses for marketing purposes. If you believe you have received an unsolicited email from Callengo in error, please contact privacy@callengo.com immediately.

15Indemnification

15(a)
Customer Indemnification. Customer agrees to indemnify, defend, and hold harmless Callengo and its sole member, managers, officers, employees, contractors, successors, and assigns (collectively, the "Callengo Indemnitees") from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
  1. 01.Customer's use of the Service, including any AI Voice Agent campaigns initiated by Customer through the Service;
  2. 02.any alleged or actual violation by Customer of the TCPA, FCC regulations, the Telemarketing Sales Rule, the National DNC Registry requirements, state do-not-call laws, state call recording consent laws, or any other applicable federal, state, local, or international telemarketing, calling, or consumer protection law;
  3. 03.any Contact data uploaded, imported, or used by Customer that was obtained without adequate legal consent, by unlawful means, or in violation of any applicable law or any third party's rights;
  4. 04.Customer's failure to obtain legally required prior express written consent from any individual before initiating a call to that individual;
  5. 05.Customer's failure to honor any opt-out request, do-not-call registration, or withdrawal of consent;
  6. 06.any AI disclosure law violation resulting from Customer's configuration of AI Voice Agent scripts;
  7. 07.any claim by a third party, including any individual who was called through the Service;
  8. 08.Customer's breach of any representation, warranty, covenant, or obligation under these Terms;
  9. 09.Customer's use of any Third-Party Service data imported into the Service in violation of the applicable Third-Party Service's terms of service or any applicable data protection law;
  10. 10.Customer's direction of Callengo to transmit data to Customer's webhook endpoints, integrated CRM systems, or other Third-Party Services; or
  11. 11.any content included in Customer's AI Voice Agent scripts, task instructions, voicemail messages, or other Campaign configuration parameters.
15(b)
Indemnification Procedure. Callengo will promptly notify Customer of any claim for which indemnification is sought. Customer will assume control of the defense and settlement of such claim at its own expense; provided that Callengo may participate in the defense with counsel of its own choosing at its own expense; and Customer may not settle any claim that imposes any obligation on Callengo or requires Callengo to admit fault without Callengo's prior written consent. Customer's indemnification obligations survive termination or expiration of the Agreement.

16Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALLENGO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED; (C) ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY DATA, CONTENT, OR RESULTS GENERATED BY THE SERVICE OR BY ANY AI VOICE AGENT, INCLUDING WITHOUT LIMITATION CALL TRANSCRIPTS, CALL SUMMARIES, AI ANALYSIS OUTPUTS, AND CONTACT DATA VALIDATION RESULTS; (D) ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULT, INCLUDING ANY SPECIFIC CALL OUTCOME, CONTACT RATE, ANSWER RATE, OR CONVERSION RATE; AND (E) ANY WARRANTY WITH RESPECT TO THE PERFORMANCE, QUALITY, ACCURACY, OR AVAILABILITY OF ANY THIRD-PARTY SERVICE.

CALLENGO MAKES NO REPRESENTATION THAT ANY AI VOICE AGENT SCRIPT CONFIGURATION, CALL DISCLOSURE LANGUAGE, SCHEDULING SETTING, OR PLATFORM FEATURE SATISFIES ANY SPECIFIC LEGAL REQUIREMENT IN ANY JURISDICTION. CUSTOMER IS SOLELY RESPONSIBLE FOR OBTAINING QUALIFIED LEGAL COUNSEL REGARDING THE LEGAL COMPLIANCE OF ITS USE OF THE SERVICE.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by law.

17Limitation of Liability

15(A): EXCLUSION OF CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALLENGO (OR ITS SOLE MEMBER, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS) BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF CALLENGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15(B): AGGREGATE LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALLENGO'S TOTAL AND AGGREGATE LIABILITY TO CUSTOMER ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO CALLENGO IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM; OR (II) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

15(C): SPECIFICALLY EXCLUDED SCENARIOS. WITHOUT LIMITING THE FOREGOING, CALLENGO EXPRESSLY EXCLUDES ALL LIABILITY FOR: (I) ANY TCPA, TSR, STATE DNC LAW, OR CALL RECORDING LAW VIOLATION COMMITTED BY CUSTOMER; (II) ANY CLAIM BY ANY INDIVIDUAL CALLED BY CUSTOMER USING THE SERVICE; (III) ANY FAILURE OR DELAY ATTRIBUTABLE TO ANY THIRD-PARTY SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO CUSTOMER DATA RESULTING FROM CUSTOMER'S FAILURE TO MAINTAIN CREDENTIAL SECURITY; (V) ANY HARM TO CONTACTS BASED ON CONTACT DATA OBTAINED WITHOUT ADEQUATE LEGAL CONSENT; (VI) ANY REGULATORY FINE OR PENALTY ASSESSED AGAINST CUSTOMER; OR (VII) ANY CLAIM ARISING FROM CONTENT INCLUDED IN CUSTOMER'S AI VOICE AGENT SCRIPTS.

15(d) Essential Basis. Customer acknowledges that the limitations and exclusions of liability set forth in this Section 17 reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between the parties, and that Callengo would not enter into these Terms or make the Service available at the pricing offered without such limitations.

15(e) Exceptions. Nothing in these Terms limits or excludes either party's liability for: (i) death or personal injury caused by negligence; (ii) fraud or willful misconduct; or (iii) any liability that cannot be lawfully limited or excluded under applicable law.

18Term and Termination

18(a)
Term. These Terms commence on the date Customer first creates an account or accepts these Terms and continue until terminated as provided herein.
18(b)
Termination for Cause. Either party may terminate these Terms immediately upon written notice if the other party: (i) materially breaches any provision of these Terms and fails to cure such breach within thirty (30) days after receipt of written notice; or (ii) becomes insolvent, makes a general assignment for the benefit of creditors, or becomes subject to bankruptcy or similar proceedings. Callengo may terminate these Terms immediately, without notice or cure period, if Customer violates Section 7 (AI Calling Compliance) or Section 8 (Acceptable Use Policy), or if Callengo reasonably determines that continued provision of the Service creates legal risk for Callengo.
18(c)
Termination for Convenience. Customer may terminate these Terms at any time by canceling its subscription through Account Settings or by written notice to legal@callengo.com. Callengo may terminate these Terms for convenience upon thirty (30) days' prior written notice to Customer. Termination for convenience by Customer does not entitle Customer to any refund of prepaid fees.
18(d)
Effect of Termination. Upon expiration or termination: (i) all licenses granted to Customer terminate immediately; (ii) Customer shall cease all use of the Service; (iii) each party shall return or destroy the other party's Confidential Information; (iv) Callengo shall disable Customer's account and Campaign dispatch capabilities; and (v) all outstanding payment obligations become immediately due and payable.
18(e)
Data Export and Deletion. Following termination, Customer may, for a period of ninety (90) days, access its account solely for the purpose of exporting Customer Data. After this period, Callengo may delete all Customer Data in accordance with the Privacy Policy and DPA. Callengo shall retain billing records, transaction records, and such other records as are required by applicable law, regardless of account termination.
18(f)
Survival. The following provisions shall survive expiration or termination: Section 9(c)–(e) (Usage Data, Feedback, IP), Section 12 (Confidentiality), Section 15 (Indemnification), Section 16 (Disclaimer of Warranties), Section 17 (Limitation of Liability), Section 18(e) (Data Export and Deletion), Section 19 (Dispute Resolution), Section 20 (Governing Law), and Section 22 (Miscellaneous).

19Dispute Resolution

19(a)
Informal Resolution. Before initiating any formal legal proceeding, the party asserting a dispute shall provide the other party with written notice describing the nature of the dispute, the relief sought, and all relevant factual details. The parties agree to meet and confer in good faith within thirty (30) days of the notice to attempt to resolve the dispute. Neither party may commence arbitration or litigation until this informal resolution period has expired without resolution.

17(B): BINDING ARBITRATION. IF THE DISPUTE IS NOT RESOLVED THROUGH INFORMAL MEANS WITHIN THIRTY (30) DAYS, THE DISPUTE SHALL BE RESOLVED BY FINAL, BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS COMMERCIAL ARBITRATION RULES, WHICH ARE INCORPORATED HEREIN BY REFERENCE. THE SEAT OF ARBITRATION SHALL BE CASPER, WYOMING. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS, INCLUDING THE ARBITRABILITY OF ANY DISPUTE.

17(C): CLASS ACTION WAIVER. ALL DISPUTES BETWEEN CUSTOMER AND CALLENGO SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER CUSTOMER NOR CALLENGO MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS. THIS CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THE ARBITRATION AGREEMENT AND CANNOT BE SEVERED FROM IT.

17(D): JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AND CALLENGO EACH IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

19(e)
Exceptions. Notwithstanding the foregoing, either party may seek emergency interim or injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending the conclusion of arbitration, including in connection with protection of intellectual property rights or Confidential Information.
19(f)
Arbitration Costs. The costs of arbitration shall be allocated in accordance with the AAA's Commercial Arbitration Rules. Each party shall bear its own attorneys' fees, except that the arbitrator may award attorneys' fees to the prevailing party if the claim or defense is determined to have been frivolous.

20Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of law principles that would cause the application of the laws of any other jurisdiction. To the extent any dispute is not subject to binding arbitration under Section 19, the parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Natrona County, Wyoming, and each party irrevocably waives any objection to such jurisdiction or venue.

21Changes to Terms

Callengo reserves the right to modify these Terms at any time. If Callengo makes material changes to these Terms, Callengo will provide at least thirty (30) days' advance notice by: (i) sending an email to the email address associated with Customer's account; (ii) posting a notice on the Service; or (iii) updating the "Last Updated" date at the top of these Terms. Customer's continued use of the Service after the effective date of any modification constitutes Customer's acceptance of the modified Terms. If Customer does not agree to modified Terms, Customer must cease using the Service and terminate its account before the modifications take effect. Callengo may make changes effective immediately (without advance notice) where required by applicable law or to address urgent security, compliance, or legal issues.

22Miscellaneous

22(a)
Entire Agreement. These Terms, together with the Privacy Policy, the DPA, and any Order Forms, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations, and representations, whether written or oral.
22(b)
Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.
22(c)
Waiver. No failure or delay by either party in exercising any right or remedy under these Terms shall operate as a waiver of such right or remedy. Any waiver must be in writing and signed by an authorized representative of the waiving party.
22(d)
Assignment. Customer may not assign, transfer, delegate, or sublicense these Terms or any rights or obligations hereunder without Callengo's prior written consent. Any purported assignment in violation of this Section 22(d) is null and void. Callengo may freely assign these Terms, including in connection with a merger, acquisition, or sale of all or substantially all of its assets, without Customer's consent, upon notice to Customer.
22(e)
Force Majeure. Neither party shall be in default or liable for any delay or failure to perform any obligation under these Terms (other than payment obligations) to the extent such delay or failure is caused by events beyond that party's reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, riots, government actions, labor disputes, power outages, or internet disruptions.
22(f)
Notices. All legal notices required or permitted under these Terms must be in writing and shall be deemed delivered: (i) when personally delivered; (ii) one (1) business day after deposit with a nationally recognized overnight courier with tracking confirmation; or (iii) when sent by email with confirmation of receipt. Notices to Callengo must be sent to: Fuentes Digital Ventures LLC, 5830 E 2nd St, Ste 7000 #20312, Casper, WY 82609, and by email to legal@callengo.com.
22(g)
Relationship of the Parties. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, employment, franchise, or agency relationship between the parties.
22(h)
No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties hereto and their respective permitted successors and assigns. Nothing herein shall create or be deemed to create any third-party beneficiary rights.
22(i)
Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.
22(j)
Counterparts and Electronic Signatures. These Terms may be accepted electronically, and electronic acceptance (including clicking "I Agree" or completing registration) shall constitute a valid and binding execution of these Terms with the same force and effect as a handwritten signature.
22(k)
Language. These Terms are written in the English language. In the event of any conflict between any translation of these Terms and the English version, the English version shall control.

23Contact Information

For questions, legal inquiries, or notices relating to these Terms:

EntityFuentes Digital Ventures LLC
BrandCallengo
Address5830 E 2nd St, Ste 7000 #20312, Casper, WY 82609, United States
Legallegal@callengo.com
Websitehttps://callengo.com
Apphttps://app.callengo.com
Privacy Policy →Cookie Policy →Compliance →Data Processing Addendum →Sub-processor List →

These Terms of Service were last updated on March 27, 2026. By using the Callengo Website or Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.