Welcome to CallOnTheGo. By accessing or using our website, mobile applications, APIs, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services. These Terms constitute a legally binding agreement between you and CallOnTheGo Corporation ("CallOnTheGo," "we," "our," or "us").
1. Acceptance of Terms
By creating an account, accessing, or using our Services in any manner, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Service
CallOnTheGo provides a mobile auto-dialer platform and related services designed to help sales professionals and businesses manage outbound communications. Our Services include:
- Mobile auto-dialer functionality with voice calling capabilities
- Call management, recording, and logging
- CRM integrations and contact management
- Analytics, reporting, and performance tracking
- Customer support and training resources
- API access for developers and enterprise integrations
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, including features, functionality, and availability, with or without notice.
3. Eligibility
You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.
4. Account Registration and Security
To access certain features of our Services, you must register for an account and provide accurate, current, and complete information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities and actions that occur under your account
- Notifying us immediately of any unauthorized access or security breach
- Ensuring that your use of the Services complies with all applicable laws and regulations, including TCPA and Do Not Call requirements
5. Payment Terms and Billing
Certain features and tiers of our Services require payment of subscription fees. By subscribing to a paid plan, you agree to:
- Pay all applicable fees in advance on a monthly or annual basis as selected
- Provide valid and up-to-date billing information
- Authorize us to charge the applicable fees to your designated payment method
- Accept that fees are non-refundable except as required by law
We may change our pricing with at least 30 days' notice. Your continued use of the Services after a price change takes effect constitutes your acceptance of the new pricing.
6. Automated Calling and TCPA Compliance
Our Services include automated outbound calling capabilities. Users of our auto-dialer platform are solely responsible for ensuring compliance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, and all state and federal telecommunications laws. Key compliance requirements include:
- Obtaining and documenting prior express written consent for all autodialed calls and prerecorded messages
- Honoring National Do Not Call Registry and internal do-not-call lists
- Providing clear opt-out mechanisms in all communications
- Limiting calling hours to the legal window (8:00 AM to 9:00 PM recipient local time)
- Maintaining accurate caller identification and caller ID information
CallOnTheGo provides compliance tools to assist users, but ultimate compliance responsibility rests with the individual user. Violations of TCPA or other communications laws may result in fines, penalties, and account termination.
7. Acceptable Use
You agree not to use our Services for any unlawful, harmful, or abusive purpose. Specifically, you will not:
- Violate any applicable local, state, national, or international law or regulation
- Transmit or distribute unsolicited or unauthorized communications
- Harvest, collect, or store phone numbers or contact data without proper consent
- Use our Services to transmit spam, chain letters, or other unsolicited communications
- Attempt to gain unauthorized access to our systems, networks, or other users' data
- Introduce viruses, malware, or other malicious code into our platform or through our services
- Interfere with or disrupt the integrity or performance of our Services
- Use our Services for harassment, threats, or any form of abuse
- Reverse engineer, decompile, or attempt to extract the source code of our software
- Create multiple accounts to circumvent usage limits or bans
8. Intellectual Property Rights
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, software, and design elements, are the exclusive property of CallOnTheGo or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or exploit any portion of our Services without our prior written consent.
9. User Content
You retain ownership of any content you upload, create, or store through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of providing and improving our Services. You represent and warrant that your User Content does not violate any third-party rights or applicable laws.
10. Third-Party Services
Our Services may integrate with or link to third-party applications, websites, or services that are not controlled by CallOnTheGo. We are not responsible for the content, privacy practices, or availability of any third-party services. Your use of third-party services is governed by their respective terms and privacy policies.
11. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT, COMMUNICATIONS, OR RESULTS OBTAINED THROUGH THE USE OF OUR SERVICES.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CallOnTheGo AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless CallOnTheGo and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to: (a) your use of our Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including TCPA and Do Not Call requirements; or (d) any claim that your User Content caused damage to a third party.
14. Term and Termination
These Terms are effective upon your acceptance and remain in effect until terminated by either party. You may terminate your account at any time by contacting our support team or through your account settings. We may suspend or terminate your account and access to our Services immediately, without notice or liability, for any reason, including if you violate these Terms or engage in conduct that we determine to be harmful to other users, our business, or third parties.
15. Modifications to Terms or Services
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through our website, email, or other reasonable means. Your continued use of our Services following such modifications constitutes your acceptance of the revised Terms. We also reserve the right to modify, suspend, or discontinue any aspect of our Services at any time.
16. Dispute Resolution and Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of our Services shall be resolved exclusively in the state or federal courts located in Cook County, Illinois, and you irrevocably consent to the jurisdiction and venue of such courts.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on our Services, constitute the entire agreement between you and CallOnTheGo regarding your use of our Services and supersede any prior agreements, understandings, or communications.
19. Contact Information
If you have any questions about these Terms of Service, please contact us at:
Email: legal@callonthego.com
Address: CallOnTheGo Corporation, 450 W Surf, Chicago, IL
Phone: (888) 453-6006