Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and kalem.me, Inc. ("kalem.me," "we," "us," or "our") governing your access to and use of the kalem.me AI voice agent platform, including our website, applications, APIs, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Eligibility

To use our Services, you must:

• Be at least 18 years old
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable laws
• Provide accurate and complete registration information
• Represent an authorized representative of your organization (if applicable)

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your password meets our security requirements

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, fraudulent activity, or any other reason at our sole discretion.

4. Services Description

kalem.me provides an AI-powered voice agent platform that enables users to:

• Create and deploy AI voice agents for phone calls
• Configure agent behaviors, scripts, and responses
• Integrate with external systems via APIs and webhooks
• Manage phone numbers and SIP trunks
• Access call recordings, transcripts, and analytics
• Upload and manage knowledge bases
• Create custom tools and functions for agents

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use the Services for lawful business purposes, including customer service, appointment scheduling, lead qualification, surveys, and other legitimate voice communication needs.

5.2 Prohibited Activities

You agree NOT to:

• Use the Services for illegal activities or to violate any laws or regulations
• Make unsolicited telemarketing calls or spam in violation of applicable laws (e.g., TCPA, Do Not Call regulations)
• Impersonate others or provide false information
• Harass, abuse, threaten, or intimidate others
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove or alter any copyright, trademark, or proprietary notices
• Use the Services to compete with us or develop competing products
• Scrape, data mine, or use automated tools to access the Services without permission
• Overload or interfere with the proper functioning of the Services
• Use the Services for robocalls prohibited by law
• Record calls without proper consent where required by law

6. Compliance with Telemarketing Laws

You are solely responsible for ensuring your use of the Services complies with all applicable telemarketing and telecommunications laws, including but not limited to:

• Telephone Consumer Protection Act (TCPA)
• Telemarketing Sales Rule (TSR)
• General Data Protection Regulation (GDPR)
• California Consumer Privacy Act (CCPA)
• Do Not Call Registry requirements
• Call recording consent laws
• Caller ID accuracy requirements

You agree to obtain all necessary consents before making calls or recording conversations, and to maintain adequate records of such consents.

7. Payment Terms

7.1 Fees

You agree to pay all fees associated with your use of the Services according to the pricing plan you selected. Fees are charged based on usage (e.g., per minute, per call) and subscription tiers.

7.2 Billing

Subscription fees are billed in advance on a monthly or annual basis. Usage-based fees are billed monthly in arrears. All fees are non-refundable unless otherwise specified.

7.3 Payment Methods

You must provide valid payment information. You authorize us to charge your payment method for all fees incurred.

7.4 Late Payments

Late payments may result in service suspension. We reserve the right to charge late fees and interest on overdue amounts.

7.5 Price Changes

We may change our pricing with 30 days' notice. Continued use of the Services after price changes constitutes acceptance.

8. Intellectual Property Rights

8.1 Our IP

The Services, including all software, content, trademarks, logos, and intellectual property, are owned by kalem.me or our licensors. You receive a limited, non-exclusive, non-transferable license to use the Services during your subscription period.

8.2 Your Content

You retain ownership of content you upload to the Services ("User Content"), including:

• Agent scripts and configurations
• Knowledge base documents
• Custom tools and integrations
• Call recordings and data

8.3 License to Us

You grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Content solely to provide and improve the Services. We may use anonymized, aggregated data derived from your use for analytics and AI model improvements.

9. Data Protection and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for ensuring that your use of the Services complies with applicable data protection laws, including obtaining necessary consents for call recordings and data processing.

10. Service Level and Availability

10.1 Uptime

We strive to maintain 99.9% uptime for our Services, but we do not guarantee uninterrupted access. Planned maintenance will be scheduled during off-peak hours when possible.

10.2 Support

Support availability varies by subscription tier. We provide email support for all users, with priority support and dedicated account management available for enterprise customers.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to:

• Merchantability, fitness for a particular purpose, and non-infringement
• Accuracy, reliability, or completeness of the Services or AI-generated content
• That the Services will be uninterrupted, secure, or error-free
• That defects will be corrected

AI-generated responses may contain errors or inaccuracies. You are responsible for reviewing and verifying all AI agent interactions and outputs.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KALEM.ME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Service interruptions or system failures
• Errors or inaccuracies in AI-generated content
• Unauthorized access to or alteration of your data
• Third-party actions or content

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

13. Indemnification

You agree to indemnify, defend, and hold harmless kalem.me, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any laws or regulations
• Your User Content
• Your violation of third-party rights

14. Termination

14.1 Termination by You

You may terminate your account at any time through your account settings. Termination does not relieve you of payment obligations for services already rendered.

14.2 Termination by Us

We may suspend or terminate your access immediately for violations of these Terms, non-payment, or any other reason at our discretion.

14.3 Effect of Termination

Upon termination, your right to use the Services ceases. We may delete your User Content after a reasonable period. You may request a data export before termination.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, you agree to contact us to attempt informal resolution.

15.2 Arbitration

Any disputes will be resolved through binding arbitration in accordance with the American Arbitration Association rules. You waive your right to participate in class action lawsuits.

15.3 Governing Law

These Terms are governed by the laws of [Jurisdiction], without regard to conflict of law principles.

16. Changes to Terms

We may update these Terms at any time. Material changes will be notified via email or through the Services. Continued use after changes constitutes acceptance. The "Last updated" date indicates when the Terms were last modified.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and kalem.me.

17.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

17.3 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

17.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control.

18. Contact Information

For questions about these Terms, please contact us: