Terms of Service
CallShaper Terms of Service
Welcome to CallShaper.com (“Company,” “we,” “us,” or “CallShaper”). These Terms of Service (“Terms”) govern your access to and use of CallShaper’s proprietary call management software, telephony integration services, and website located at CallShaper.com (collectively, the “Services”). By accessing or using any of our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Agreement to Terms
By accessing the CallShaper website or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is located on our website. If you are entering into these Terms on behalf of a company, business, or other legal entity, you represent and warrant that you have the legal authority to bind that entity to these Terms.
2. Change In Terms
CallShaper reserves the right to modify or update these Terms at any time at our sole discretion. We will notify you of material changes by posting the revised Terms on our website or through other reasonable means. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms.
3. Eligibility and Account Registration
You must be at least eighteen (18) years old and capable of forming a binding legal contract to use our Services. When registering an account, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account login credentials and for all activities, actions, or operations that occur under your account. You agree to notify CallShaper immediately of any unauthorized access or use of your account.
4. Proprietary Rights and License Grant
Subject to your compliance with these Terms, CallShaper grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your internal business operations during your subscription term.
All right, title, and interest in and to the Services, including all software, platform features, algorithms, trademarks, service marks, logos, and other intellectual property rights, remain the exclusive property of CallShaper. You shall not:
• Copy, modify, create derivative works from, reverse engineer, decompile, or disassemble the Services or any portion thereof;
• Sublicense, lease, rent, sell, resell, or otherwise commercially exploit the Services to third parties;
• Remove, alter, or obscure any proprietary notices, branding, or legal disclaimers contained within the Services.
5. Regulatory Compliance and Telephony Obligations
Because the Services involve automated dialing, call routing, and electronic communications, you explicitly acknowledge and agree that you are solely responsible for compliance with all applicable local, state, federal, and international laws and telecommunications regulations governing your outreach activities.
Without limiting the generality of the foregoing, you represent and warrant that your use of the Services will strictly comply with: the Telephone Consumer Protection Act (TCPA) and its implementing regulations, the Telemarketing Sales Rule (TSR) enforced by the Federal Trade Commission (FTC), the CAN-SPAM Act of 2003 and any state-level electronic communication laws, applicable data privacy and protection regulations, including the California Consumer Privacy Act (CCPA), and all relevant state privacy mandates, Federal and state call recording regulations, including obtaining mandatory express consent from all required parties (one-party or two-party consent jurisdictions) prior to recording any phone conversation.
You agree to defend and fully indemnify CallShaper against any third-party claims, regulatory fines, penalties, or damages resulting from your failure to comply with telecommunications laws or privacy regulations.
6. Payment, Fees, and Subscription Terms
Access to certain Services requires payment of subscription fees, usage charges, and applicable taxes. You agree to pay all charges specified in your service agreement or sales order in accordance with the billing terms in effect at the time the fee or charge becomes due.
• Billing Frequency: Fees are billed in advance on a recurring monthly or annual basis, unless otherwise agreed in writing. Usage-based fees (such as minute rates or telephony charges) are billed in arrears.
• Dispute Window: If you believe an invoice is incorrect, you must contact CallShaper in writing within thirty (30) days of the invoice date to request an adjustment or credit. Uncontested amounts must be paid by the due date.
• Late Payments: Failure to pay fees when due may result in immediate suspension or termination of your access to the Services.
• Overdue Balances: shall accrue interest at the rate of 15% per month or the maximum rate allowed by law.
• Refund Policy: All fees are non-refundable except as expressly set forth in a separate written agreement or as required by applicable law.
7. Service Level Agreement (SLA) and Availability
CallShaper uses commercially reasonable efforts to maintain platform availability and uptime for the Services. However, you acknowledge that access to the Services may be subject to scheduled maintenance, emergency maintenance, or unscheduled downtime resulting from third-party infrastructure failures, internet disruptions, or factors beyond CallShaper’s control.
CallShaper will attempt to provide advance notice for planned system maintenance that may impact availability. Service SLA targets, uptime commitments, and remedy credits (if applicable) are governed by your specific Service Agreement or Addendum.
8. Prohibited Conduct and Use Restrictions
You agree to use the Services only for lawful purposes. You shall not:
• Transmit any content or material that is unlawful, fraudulent, defamatory, harassing, obscene, or infringing upon third-party intellectual property or privacy rights;
• Engage in robocalling, spoofing, caller ID manipulation, or unauthorized transmission in violation of anti-spam and telemarketing regulations;
• Interfere with or disrupt the integrity, security, or performance of the Services or underlying server infrastructure;
• Attempt to gain unauthorized access to any account, computer system, or network associated with CallShaper.
9. Suspension and Termination
CallShaper reserves the right to suspend or terminate your access to the Services immediately, with or without notice, if: You breach any provision of these Terms or applicable laws; You fail to pay applicable fees when due; We reasonably suspect fraudulent, abusive, or illegal conduct conducted through your account; Required by law enforcement or governmental order.
Upon termination, your right to use the Services will immediately cease, and you must discontinue all access. Sections 4, 5, 6, 10, 11, 12, 13, and 14 shall survive any expiration or termination of these Terms.
10. Privacy and Data Security
Our collection, use, and handling of personal information in connection with the Services are described in our Privacy Policy. By using our Services, you consent to our privacy practices. You represent and warrant that you have obtained all necessary consumer consents to collect, store, transmit, and process personal data through CallShaper’s platform.
11. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall CallShaper, its affiliates, directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, loss of revenues, loss of data, loss of goodwill, business interruption, or other intangible losses, arising out of or relating to:
i. Your access to, use of, or inability to access or use the Services; ii. Any unauthorized access to or use of our servers, infrastructure, or personal data stored therein; iii. Any interruption, delay, or cessation of transmission to or from the Services; iv. Any bugs, viruses, Trojan horses, or malware transmitted to or through the Services by any third party; v. Errors, omissions, or inaccuracies in any content, or loss/damage incurred as a result of using content made available via the Services; or vi. User content or the defamatory, offensive, or illegal conduct of any third party.
In no event shall CallShaper's total aggregate liability arising out of or related to these Terms exceed the total amount paid by you to CallShaper for the Services in the six (6) months preceding the event giving rise to the claim.
12. Indemnification
You agree to defend, indemnify, and hold harmless CallShaper, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any third-party claims, liabilities, damages, losses, expenses, or demands (including reasonable attorneys' fees and legal costs) arising out of or connected with:
• Your access to or use of the Services;
• Your violation of any provision of these Terms or any applicable law or regulation (including TCPA, TSR, CAN-SPAM, and privacy laws);
• Your violation of any third-party right, including intellectual property, privacy, or confidentiality rights; or
• Any dispute between you and any consumer or third party contacted using the Services.
13. Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof shall be settled exclusively by binding arbitration conducted in the State of Maryland, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The prevailing party in any legal action or arbitration shall be entitled to recover its reasonable attorney's fees and litigation costs.
14. Force Majeure
CallShaper shall not be liable or responsible for any failure or delay in performing its obligations under these Terms when such failure or delay is caused by or results from acts or circumstances beyond CallShaper’s reasonable control, including acts of God, flood, fire, earthquake, explosion, war, invasion, cyberattacks, terrorism, government order or law, national emergency, strike or labor dispute, telecommunications or power network outage, or carrier failures.
15. General Provisions
• Entire Agreement: These Terms, together with the Privacy Policy, Service Agreement, and Service Agreement Addendums, constitute the entire agreement between you and CallShaper regarding the Services and supersede all prior agreements or understandings.
• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
• Waiver: No failure or delay by CallShaper in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy.
• Assignment: You may not assign or transfer these Terms without CallShaper’s prior written consent. CallShaper may assign its rights and obligations under these Terms without restriction.
Contact Us
If you have any questions about these Terms, please contact us at:
Updated Date: August 2026
Thank you for reviewing our Terms of Service.