Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Convertly LLC ("Convertly," "we," "us," or "our") governing your access to and use of our AI-powered lead conversion platform, including our website, AI voice agents, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Services under applicable laws
• Provide accurate and complete registration information
• Represent a business or organization authorized to use the Services

By using our Services, you represent and warrant that you meet all eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Keep your account credentials confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activity.

4. Services Description

Convertly provides AI-powered voice agents and lead conversion tools that enable businesses to:

• Handle inbound and outbound phone calls automatically
• Qualify leads and collect customer information
• Schedule appointments and manage calendars
• Track and analyze call performance
• Manage customer relationships through our integrated CRM

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice.

5. Subscription and Payments

5.1 Subscription Plans

We offer various subscription plans with different features and pricing. By subscribing, you agree to:

• Pay all applicable fees as described in your selected plan
• Provide valid payment information
• Authorize automatic recurring billing
• Pay any applicable taxes

5.2 Free Trial

We may offer a free trial period for new users. At the end of the trial:

• Your subscription will automatically convert to a paid plan unless you cancel
• You will be charged the applicable subscription fee
• Trial periods are limited to one per user or business

5.3 Billing and Renewal

Subscriptions automatically renew at the end of each billing period. You will be charged:

• On the same day of each billing cycle
• At the then-current subscription rate
• Using your payment method on file

5.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Please note:

• Cancellations take effect at the end of the current billing period
• No refunds are provided for partial billing periods
• You will retain access to paid features until the end of the billing period
• Refunds may be issued at our sole discretion for extenuating circumstances

5.5 Fee Changes

We reserve the right to change our fees with at least 30 days' notice. Continued use of the Services after fee changes constitutes acceptance of the new fees.

6. Acceptable Use Policy

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Send unsolicited communications (spam) or violate telemarketing laws
• Harass, abuse, or harm others
• Transmit viruses, malware, or other malicious code
• Interfere with or disrupt the Services or servers
• Attempt unauthorized access to our systems or user accounts
• Reverse engineer, decompile, or extract source code
• Use the Services for any illegal or fraudulent purpose
• Impersonate others or misrepresent your affiliation
• Collect user data without consent

7. Compliance with Telemarketing Laws

You are solely responsible for ensuring your use of our AI voice agents complies with all applicable telemarketing and communication laws, including but not limited to:

• Telephone Consumer Protection Act (TCPA)
• Telemarketing Sales Rule (TSR)
• Do Not Call Registry requirements
• State and local telemarketing regulations
• International telecommunications laws in your jurisdiction

You must obtain proper consent before making automated calls and maintain records of such consent. We are not liable for your failure to comply with these laws.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Services, including all software, AI models, designs, text, graphics, logos, and other content, are owned by Convertly LLC and protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or create derivative works
• Distribute, sell, or transfer any part of the Services
• Remove or alter any proprietary notices
• Use our trademarks without written permission

8.2 Your Content

You retain ownership of content you submit to the Services ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Use, store, and process Your Content to provide the Services
• Create anonymized analytics and insights
• Improve our AI models and Services (using anonymized data only)

8.3 Feedback

If you provide feedback or suggestions about our Services, we may use such feedback without any obligation to you.

9. Data Privacy and Security

Our collection and use of personal information is governed by our Privacy Policy. By using our Services, you consent to our data practices as described in the Privacy Policy.

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

10. Third-Party Services and Integrations

Our Services may integrate with third-party services (e.g., calendar applications, CRM systems). We are not responsible for:

• The availability, accuracy, or content of third-party services
• Third-party terms of service or privacy policies
• Any damages arising from third-party integrations

Your use of third-party services is subject to their respective terms and policies.

11. Disclaimers and Limitations of Liability

11.1 Service Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• AI agents will achieve specific results or conversion rates
• Defects will be corrected
• The Services will meet your requirements

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONVERTLY LLC SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• COST OF SUBSTITUTE SERVICES
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11.3 AI Performance

Our AI voice agents use advanced machine learning technology, but results may vary. We do not guarantee specific outcomes, conversion rates, or business results from using our Services.

12. Indemnification

You agree to indemnify, defend, and hold harmless Convertly LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your Content or any content you submit
• Your telemarketing or communication practices

13. Dispute Resolution

13.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@convertly.live to seek informal resolution. We will attempt to resolve disputes in good faith.

13.2 Arbitration Agreement

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. You agree to:

• Resolve disputes on an individual basis (no class actions)
• Arbitrate in the state where Convertly LLC is headquartered
• Pay your own arbitration costs unless prohibited by law

13.3 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or confidentiality breaches.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our platform
• Updating the "Last Updated" date
• Sending email notification for significant changes

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

16. Termination

We may suspend or terminate your access to the Services:

• For violation of these Terms
• For non-payment of fees
• For fraudulent or illegal activity
• At our discretion with or without cause upon notice

Upon termination, you must immediately cease using the Services and your account data may be deleted.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Convertly LLC regarding the Services.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

18. Contact Information

If you have questions about these Terms, please contact us: