Terms of Service

Call My Agent is an AI phone agent for businesses. It answers your business phone, takes messages, books appointments, runs short outbound calls you assign, and gives you transcripts and summaries you can act on. The AI agent is named the agent.

What the service is not:

• Not a 911-capable service. Callers cannot reach emergency services through the agent. We detect emergency intent and tell the caller to hang up and dial 911 directly. If your business handles potentially life-threatening situations (e.g., HVAC/CO leaks, water-damage emergencies, security alarm response, medical), you must maintain a separate human-staffed or 911-capable line and tell your callers about it. See section 11 and the 911 disclaimer page.
• Not HIPAA-covered. We do not sign Business Associate Agreements. You may not transmit Protected Health Information through the service. See section 10.
• Not a marketing auto-dialer. Outbound tasks are one-at-a-time, customer-initiated, and require a reasonable business basis for contacting the recipient. We do not support campaign mode, bulk outbound, or unsolicited telemarketing. See the Permitted use section.
• Not a substitute for human judgment on high-stakes decisions. Verify important things (appointment times, prices, contractual commitments) before acting on what the AI summarized. See section 6.

To use Call My Agent you must:

• Be at least 18 years old.
• Be using the service for a legitimate business purpose. The service is not for personal use, surveillance, or pranks.
• Be located in or operating a business in the United States or Canada. (We may expand geographically; the Effective date of any expansion will be reflected here.)
• Provide accurate account information and keep it up to date.

One account per business. Don’t share sign-in credentials — invite team members properly through your account. You are responsible for activity under your account. Authentication is handled by Clerk; you’re responsible for keeping your credentials secure.

We can refuse, suspend, or terminate accounts that violate these Terms, the Permitted use section, or any law.

Plans

• Trial: 30 minutes of agent time, free, no credit card required. The Trial does not auto-convert to a paid plan. When you’re out of trial minutes, you choose a plan or stop using the service.
• Solo — $29/month.
• Team — $79/month.
• Pro — $299/month.

Each plan has different included minute allowances, retention windows, and outbound task limits. The current details live on our pricing page; if pricing changes, we’ll give you 30 days’ notice before the change takes effect on your account.

How billing works

• Paid plans renew monthly until you cancel.
• Stripe processes payments. By signing up for a paid plan you agree to Stripe’s terms in addition to ours.
• Upgrades take effect immediately and are prorated.
• Downgrades take effect at the start of your next billing cycle. No proration on downgrades.
• Usage above your plan’s included allowance is charged as overage at the rate listed on the pricing page.

Cancellation

You can cancel any time via the Stripe Customer Portal — no email, no phone call, no friction. Your subscription continues through the end of your current billing period; the unused portion of a paid month is not refunded. No further charges follow.

Cancellation stops billing. Account deletion is a separate action that removes your data per our Privacy Policy (within 30 days, cascading across our processors).

For full cancellation mechanics: see the Cancellation Policy, which is part of these Terms.

Call My Agent is for legitimate one-call-at-a-time business communication. Two kinds of restriction apply: prohibited business categories (you can’t use the service if your business is in one of these categories at all) and prohibited uses (regardless of category, you can’t do these things with the service).

Prohibited business categories.

Some categories of business cannot use Call My Agent at all, regardless of how careful the configuration. We will refuse signup and will terminate accounts we identify as operating in these categories. Categories we will not onboard:

• Medical, dental, veterinary, and any healthcare practice. HIPAA exposure + clinical-triage risk; we do not sign Business Associate Agreements and are not a clinical decision-support tool.
• Legal services and law firms. Unauthorized- practice-of-law risk; AI-generated legal information can create attorney-client confusion (see ABA Model Rule 5.5).
• Mental-health, counseling, crisis-line, suicide-prevention, and domestic-violence advocacy services. Life-safety risk we will not assume. 988 (Suicide & Crisis Lifeline) and 1-800-799-SAFE (National Domestic Violence Hotline) exist for this purpose.
• Emergency response, security dispatch, alarm response, and private investigation operations. Life-safety chain liability; these calls require human responders.
• Financial advice, investment management, insurance binding, and wealth management. State securities regulators (and the SEC for advisers above threshold) + state insurance commissioners.
• Tax preparation and accounting practice. IRS Circular 230 + state CPA boards.
• Schools, childcare, and any business primarily serving children under 13. COPPA + duty-of-care exposure; we do not collect or process minors’ data.
• Government agencies and political / electioneering operations. Election laws + TCPA exemption complications.
• Funeral, mortuary, and bereavement services. Regulated, plus bereaved-caller edge cases we will not assume.
• Categories restricted by our payment processor or telephony carrier: adult content, cannabis, firearms / weapons, gambling, and cryptocurrency / forex / DeFi. These are blocked at the payment-processing and telephony-carrier layer regardless of our policy.

Industry attestation at signup. When you sign up, you tell us your business category. If you select a category from the prohibited list above, signup is refused. If you select “Other,” you must certify (a) that your business is not in any of the prohibited categories above and (b) that you will not configure the agent to provide medical, legal, financial, tax, or other regulated professional advice.

Misrepresentation is a material breach. Selecting a permitted category when your business is actually in a prohibited category, or certifying that you are not in a prohibited category when you are, is a material breach of these Terms. It is grounds for immediate termination without refund. You agree to defend and indemnify us against any third-party claim arising from your misuse of the service in a prohibited category, including (without limitation) claims by callers, regulators, or the family of any caller, regardless of the legal theory asserted.

Spam and unsolicited calling.

• No mass outbound marketing, telemarketing, or sales auto-dialing.
• No pre-recorded robocalls of any kind, with or without consent.
• No calling numbers on the federal Do Not Call registry or any applicable state DNC registry without a documented established business relationship or express prior consent.
• No bulk outbound campaigns. Call My Agent is one-call-at-a-time and task-driven. Use a dedicated marketing platform for outbound campaigns.

Harassment and threats.

• No repeated contact after the recipient has asked you to stop.
• No threats of violence, intimidation, stalking, doxxing, or any form of harassment.
• No calls intended to humiliate, embarrass, or cause distress.

Fraud and deception.

• No impersonating a person, business, government agency, or organization you have no authority to represent.
• No account takeover, payment fraud, identity theft, phishing, or social-engineering scams targeting the recipient.
• No false or misleading caller-ID or business identification.
• No attempts to bypass either AI-disclosure floor. The agent will always disclose it is AI when a caller asks (Floor #1) and every greeting includes an AI identification (Floor #2). You may not configure the agent to lie about being human, and you may not attempt to strip the AI identification from the greeting.

Illegal use.

• Nothing that violates federal or state law in either the caller’s or the recipient’s jurisdiction.
• No TCPA, CAN-SPAM, or state robocall law violations.
• No wire fraud, securities fraud, or tax fraud.
• No drug, weapon, or other contraband transactions.

Healthcare and regulated industries.

• No Protected Health Information under HIPAA. We are not HIPAA-covered and do not sign BAAs. Do not route patient calls to the agent, do not have the agent read prescriptions to patients, and do not put PHI in your custom instructions.
• No medical, legal, financial, tax, or investment advice through the agent. The service is for business communication, not regulated professional advice.

Crisis lines, life-safety, and emergency intake.

• No crisis-line, suicide-prevention, domestic-violence, poison-control, or emergency-response operations. The 988 Suicide & Crisis Lifeline, 1-800-799-SAFE, and 911 exist for this purpose. The agent is best-effort software, not a trauma-trained responder, and may not detect every crisis phrasing in every language, accent, or call-quality condition.
• Your public-facing business number may not be the published number for an emergency or crisis-response service. If your business takes calls where life-safety is the primary concern (security dispatch, medical triage, after-hours contractor leaks creating immediate danger, etc.), you must maintain a separate, human-answered or 911-capable line for those calls, and direct your callers to it in your website, voicemail, and any signage where your number appears. See the Emergency policy and section 11 of these Terms.
• You may not advertise the agent as an emergency service — not in marketing copy, not in voicemail, not on signage, not in caller-facing greetings.

Election-related outbound.

Political robocalls, electioneering, polling, voter contact, and any other election-related outbound activity are off by default and not supported.

Surveillance and call interception.

• No recording or monitoring calls in any jurisdiction without complying with that jurisdiction’s consent requirements.
• No wiretapping, eavesdropping, or any form of unauthorized interception.

Adult content and children’s services.

• No adult or sexually explicit content of any kind.
• No services directed at, or designed to be used by, children under 13 (COPPA exposure) or under 16 (CCPA exposure for sensitive data of minors).

AI-specific rules.

• AI-disclosure floors. Floor #1: the agent will answer truthfully if a caller asks whether they are talking to a person. Floor #2: every greeting includes an AI identification. You may not edit your account’s greeting or custom instructions to suppress, weaken, or attempt to bypass either floor. Both are enforced in our software and supersede account-level configuration.
• No voice cloning of third parties without their explicit, documented written consent.
• Every outbound task must be a specific individual call (not a campaign), to a recipient who has a reasonable basis to expect contact from your business, for a legitimate business purpose related to that relationship. You attest to this when creating the task. False attestation is a terminable violation.

We also follow our payment processor’s and our telephony carrier’s restricted-business lists verbatim. If they do not allow it, neither do we.

Enforcement is tiered: warning, suspension of outbound capability, then termination without refund. Severe violations (fraud, threats, doxxing, repeat TCPA violations after notice, knowing PHI transmission, false attestations) bypass the tiered response and result in immediate termination. Report violations to abuse@callmyagent.ai.

You own your data. You own the transcripts, the call audio, the contacts in your account, the custom instructions you write for the agent, and everything else you put into the service.

We have a license to run the service. You grant us a limited, non-exclusive license to process your data for the purposes described in our Privacy Policy — that is, to provide and operate the service. This license ends when you stop using the service or delete your data.

We do not train our AI models on your data. Your transcripts, call audio, and custom instructions are not used to train our models or our processors’ models. Our processors’ standard-tier API agreements with Anthropic and OpenAI contractually prohibit training on customer data; we’ll update this clause if those terms change.

We own the service. The Call My Agent software, brand, documentation, and trademarks are ours. You don’t get a license to those beyond using the service as intended.

This section is important. Read it carefully.

The AI agent is best-effort software. It does its job well most of the time, and it sometimes makes mistakes. Examples of mistakes it can make: mishearing a name, misunderstanding an unusual request, summarizing a call in a way that misses nuance, scheduling an appointment for the wrong day if the caller was ambiguous.

You are responsible for verifying critical information — appointment times, prices, contractual commitments, addresses, names — before acting on what the AI summarized. Treat the agent’s output as a useful first pass, not a source of truth.

the agent does not make legally binding agreements on your behalf unless you have explicitly designed your workflow to require your confirmation before any commitment is locked in. If the agent says “I’ve booked your 3pm” on your behalf during a call, that booking is presumptively yours to honor or correct, but the agent cannot enter contracts for you.

The service is not for transmitting medical, legal, or financial advice. It’s a business communication tool. Don’t use it as a substitute for a doctor, lawyer, or financial advisor — to yourself or to your callers.

We disclaim all warranties to the maximum extent permitted by law: warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, uptime, and freedom from defects. The service is provided “as is” and “as available.”

To the maximum extent allowed by law:

• Our total cumulative liability to you for any claim arising out of or relating to these Terms or the service is capped at the lesser of (a) the amount you paid us in subscription fees in the 12 months before the event giving rise to the claim, or (b) one thousand US dollars ($1,000).
• We are not liable for indirect, consequential, special, incidental, exemplary, or punitive damages — including lost profits, lost revenue, lost business opportunities, lost data, or business interruption — even if we were advised of the possibility.
• These limits apply whether the claim is in contract, tort (including negligence), strict liability, or any other theory.

Carve-outs. The limits in this section do not apply to:

• Our gross negligence or willful misconduct.
• Our indemnification obligations under section 8.
• Any other liability that cannot be limited under applicable law.

Some jurisdictions don’t allow exclusion of certain warranties or limits on certain damages. If you live in one of those, parts of this section may not apply to you, and you keep any rights the law gives you that we can’t disclaim.

You agree to defend, indemnify, and hold harmless Call My Agent and its officers, employees, and agents from any claim, loss, damage, liability, or expense (including reasonable attorneys’ fees) arising out of:

• Your use of the service in violation of these Terms or the Permitted use section.
• Content you submit or that you have the AI transmit on your behalf (greetings, custom instructions, outbound tasks, etc.).
• Your violation of any law or third-party right, including TCPA, CAN-SPAM, state robocall laws, defamation, copyright, or privacy law.
• Any dispute between you and a caller, your customer, or your employee.

We’ll tell you about any claim that triggers this section and let you control the defense (with our reasonable cooperation). You can’t settle a claim that requires us to admit liability or pay money without our consent.

You can terminate at any time via the Stripe Customer Portal. Your subscription continues through the end of your billing period. After that, your account is downgraded; data is retained per the Privacy Policy’s reinstate window (30 days) before deletion.

We can terminate for cause if:

• You violate these Terms or the Permitted use section.
• Your payment fails and is not cured within 14 days of notice.
• We detect fraud, account takeover, or activity that puts our service or other accounts at risk.
• A regulator, court, or processor (e.g., Stripe, Telnyx) requires us to.

We can also terminate without cause with 30 days’ notice. If we do, we’ll refund any subscription fees you’ve paid for billing periods that begin after the termination date; the current period runs out as scheduled and is not refunded.

On termination, sections 5 (ownership), 6 (disclaimers), 7 (liability), 8 (indemnification), 11 (general), and any other section that by its nature should survive, survive.

Call My Agent is not a HIPAA-covered service and we don’t sign Business Associate Agreements (BAAs). You represent and warrant that you will not transmit, store, or process Protected Health Information (“PHI” as defined under HIPAA) through the service.

If you operate in a healthcare context, you must not route patient calls to the agent, must not have the agent read PHI back to callers, and must not store PHI in your account’s custom instructions or transcripts. Violation of this section is a material breach and may result in immediate termination.

The AI agent is not connected to emergency services. When the agent recognizes that a caller is indicating an emergency (fire, ambulance, attack, overdose, suicidal ideation, domestic violence, etc.), the agent is built to immediately redirect: “I’m an AI assistant — I cannot reach 911. Hang up and dial 911 immediately. If this is a mental health crisis, call or text 988.” The agent does not take a message, does not route the call to you, and logs the event so you can review.

Best-effort detection only. Emergency recognition is performed by AI software operating on imperfect signals (speech-to-text accuracy, caller phrasing, language, accent, background noise, call quality, latency). We cannot and do not guarantee that every emergency phrasing in every condition will be recognized. The redirect line is the floor of what the agent will do when an emergency is recognized; it is not a guarantee that an emergency will be recognized at all.

You acknowledge and agree:

• You will not represent to your callers that calling your business reaches emergency services.
• You will ensure your callers know to dial 911 directly for emergencies, including by stating so in your website’s contact page, in your business voicemail if applicable, and in any signage where your number appears.
• You will not rely on the AI agent for any emergency response, life-safety triage, or crisis intake.
• If you operate in a high-risk vertical (home services with utility / leak / CO risk, medical / dental / veterinary, security / alarm / private investigation, mental-health or crisis-prevention), you accept the additional responsibilities described in the 911 / Emergency policy — including maintaining a separate human-answered or 911-capable line for life-safety calls. See the Permitted use section for the contractual prohibitions tied to crisis lines.

See our 911 / Emergency Handling Policy for details, including the high-risk-vertical responsibilities and the incident reporting process if you believe the agent mishandled an emergency on a call to your business.

Your use of the service is also governed by our Privacy Policy. The Privacy Policy explains what we collect, what we do with it, and what rights you and your callers have.

We require that AI use be disclosed on calls per applicable state law and good practice. See our AI Disclosure page for the full posture, including the floor that the agent will always answer truthfully if a caller asks whether it’s a human, and our default outbound greeting for callers in California, Illinois, Florida, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.

Pre-arbitration notice. Before initiating arbitration, you must send a written notice of dispute to privacy@callmyagent.ai with the subject line “Notice of Dispute,” your account email, a description of the claim, and the relief you’re seeking. We have 30 days from receipt to attempt to resolve the dispute informally. Either side may also propose mediation during this window. Only after the 30 days pass without resolution may arbitration be initiated. The same 30-day notice applies if we initiate against you.

Individual disputes. If a dispute is not resolved in the pre-arbitration window, it is resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under the AAA’s then-current Consumer Arbitration Rules. The seat of arbitration is San Francisco County, California, unless the AAA designates otherwise. The arbitrator’s award is final and may be entered in any court of competent jurisdiction.

Coordinated / mass arbitration. If 50 or more substantially similar arbitration demands are filed against us within any 90-day period — whether by the same counsel, by related counsel, or in coordination — the parties agree that the AAA’s then-current Consumer Mass Arbitration Supplemental Rules (or any successor mass-arbitration ruleset AAA adopts) will govern in addition to the Consumer Arbitration Rules. Specifically:

• Process arbitrator. The AAA will appoint a process arbitrator under the Supplemental Rules to handle preliminary issues common to the demands (such as claimant-identity verification, threshold dismissals, and consolidation of preliminary motions) before any merits arbitrator is appointed.
• Bellwether process. After the process arbitrator’s preliminary phase, the parties (with the AAA) will select 10 cases to proceed first as bellwether arbitrations. Five will be selected by each side. The remaining cases are stayed during the bellwether window.
• Mediation after bellwether. Within 60 days after the last bellwether award, the parties will engage in good-faith mediation of the remaining cases, taking the bellwether outcomes as a framework for resolution. Either side may propose a settlement matrix during this mediation.
• Continued individual arbitration. If mediation does not resolve a stayed case within 90 days, that case proceeds to individual arbitration under the Consumer Arbitration Rules.
• Sequenced fee schedule. Filing fees and arbitrator-compensation deposits for stayed cases are due in tranches as those cases come off stay, not all upfront. Both sides agree to honor the AAA Mass Arbitration fee schedule.

Nothing in this Mass Arbitration provision is intended to deny any individual claimant access to arbitration, deny any individual claimant the relief they would have received in a standalone arbitration, or extend a stay beyond what is reasonably necessary to administer the bellwether and post-bellwether mediation process. If a court holds the bellwether or staging provisions unenforceable in a way that makes coordinated dispute resolution impossible, only those subparagraphs are void; the rest of this section (including individual arbitration and the class waiver) survives.

Class action waiver. You agree to bring claims only on an individual basis. No class actions, class arbitrations, or representative proceedings. If a court holds this waiver unenforceable, the arbitration agreement is void as to that claim only; the rest of these Terms remains in effect.

Carve-outs. Either of us may bring an individual action in small-claims court if the claim qualifies. Either of us may seek injunctive or other equitable relief in court for IP infringement, breach of confidentiality, or to protect either side’s data, security, or technical infrastructure pending the outcome of arbitration.

Opt-out. You can opt out of this entire arbitration / class-waiver section (individual arbitration, coordinated process, and class waiver) within 30 days of first accepting these Terms by emailing privacy@callmyagent.ai with the subject line “Arbitration opt-out” and your account email. Opting out doesn’t affect any other section.

We update these Terms when our service or our legal posture changes. For material changes (new payment terms, new restrictions on use, new liability limits, etc.), we notify all active account holders by email at least 30 days before the change takes effect. The “Last updated” date at the top always reflects the most recent revision.

Continued use after a change means you accept it. If you don’t accept a change, cancel before it takes effect.

• Entire agreement. These Terms, the Privacy Policy, the Cancellation Policy, the AI Disclosure, and the 911 Policy together are the entire agreement between you and us about the service. They supersede any prior agreement.
• Severability. If any provision is held unenforceable, the rest of the Terms stay in effect.
• No waiver. Our failure to enforce a provision is not a waiver of that provision.
• Assignment. You can’t assign these Terms. We can assign them to an affiliate or successor (e.g., in a merger).
• Force majeure. Neither of us is liable for delay or failure caused by events beyond reasonable control (natural disaster, war, government action, broad processor outage).
• Notices to us. Send legal notices to privacy@callmyagent.ai with a copy to the postal address listed in the Privacy Policy.
• Notices to you. We send notices to the email address on your account.

Questions about these Terms:

• Email: privacy@callmyagent.ai
• Postal: The Madera Group, LLC, 7160 Dallas Pkwy Ste 340, Plano, TX 75024