Terms of Service

Last Updated: February 14, 2026

These Terms of Service ("Terms") govern your access to and use of CallChimp's AI-powered auto dialing platform and services (the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using CallChimp, you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy. If you do not agree to these Terms, you may not use the Service.

2. Service Description

CallChimp provides an AI-powered auto dialing platform that enables users to:

  • Automatically dial contact lists and lead lists
  • Conduct AI-powered conversations with call recipients
  • Play pre-recorded messages during calls
  • Detect voicemail systems and leave automated messages
  • Transfer calls to designated phone numbers when recipients press 1
  • Track campaign performance and analytics

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Service. By using the Service, you represent and warrant that you meet these requirements.

3.2 Account Information

You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your information to keep it accurate and current
  • Maintain the security of your account credentials
  • Immediately notify us of any unauthorized access or security breach
  • Accept responsibility for all activities under your account

4. Legal Compliance

You are solely responsible for ensuring your use of CallChimp complies with all applicable laws and regulations, including but not limited to:

4.1 Telephone Consumer Protection Act (TCPA)

  • Obtaining proper consent before making automated calls
  • Maintaining an internal Do-Not-Call list
  • Honoring opt-out requests promptly
  • Including proper identification in calls and messages

4.2 Call Recording Consent

  • Complying with federal and state wiretapping and recording laws
  • Obtaining consent where required by law before recording calls
  • Providing proper notification of call recording

4.3 Data Protection Laws

  • GDPR, CCPA, and other applicable data protection regulations
  • Proper handling of personal information in your lead lists
  • Implementing appropriate security measures

5. Prohibited Uses

You agree NOT to use the Service to:

  • Make calls to individuals on the National Do-Not-Call Registry without proper exemption
  • Make calls without obtaining required consent or using proper exemptions
  • Engage in harassment, threats, or abusive behavior
  • Transmit false, misleading, or deceptive content
  • Promote illegal activities or products
  • Violate any applicable laws, regulations, or third-party rights
  • Impersonate any person or entity
  • Transmit malware, viruses, or harmful code
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to the Service
  • Use the Service for any unlawful purpose

6. Fees and Payment

6.1 Subscription Fees

You agree to pay all fees associated with your selected subscription plan. Fees are billed in advance on a monthly or annual basis, as applicable.

6.2 Payment Method

You authorize CallChimp to charge your designated payment method for all fees. You must maintain valid payment information.

6.3 Price Changes

We reserve the right to modify our pricing with 30 days' notice. Continued use after price changes constitutes acceptance.

6.4 Refunds

Fees are non-refundable except as required by law or as explicitly stated in your agreement.

7. Usage Limits

Your subscription plan includes specific usage limits (e.g., number of calls per month). Exceeding these limits may result in:

  • Temporary suspension of service
  • Additional charges
  • Requirement to upgrade to a higher-tier plan

8. Data and Content

8.1 Your Data

You retain ownership of all data you upload to the Service, including lead lists and call recordings. You grant CallChimp a license to use this data solely to provide the Service.

8.2 Data Quality

You are responsible for:

  • The accuracy and legality of your lead lists
  • Ensuring you have rights to contact individuals in your lists
  • Maintaining proper data hygiene and list management

8.3 Call Recordings

Call recordings generated through the Service are your property. You are responsible for complying with all applicable recording consent laws.

9. AI Technology

Our AI-powered conversation feature:

  • Uses machine learning to conduct natural conversations
  • May not always produce perfect or expected results
  • Should be monitored and evaluated by you for quality and compliance
  • Can be customized based on your specifications

You acknowledge that AI technology has limitations and agree not to rely solely on AI output without human oversight.

10. Service Availability

10.1 Uptime

We strive to maintain high service availability but do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, or technical issues.

10.2 Service Modifications

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

11. Intellectual Property

11.1 CallChimp Property

The Service, including all software, technology, designs, and trademarks, is owned by CallChimp and protected by intellectual property laws.

11.2 License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us. You remain responsible for fees incurred before termination.

12.2 Termination by CallChimp

We may suspend or terminate your account immediately if you:

  • Violate these Terms or our policies
  • Engage in fraudulent or illegal activities
  • Fail to pay fees when due
  • Pose a security or legal risk

12.3 Effect of Termination

Upon termination:

  • Your access to the Service will cease
  • You may request a copy of your data within 30 days
  • We may delete your data after the retention period

13. Disclaimers

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

We do not warrant that the Service will be error-free, secure, or meet your requirements.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLCHIMP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO CALLCHIMP IN THE 12 MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to indemnify and hold CallChimp harmless from any claims, damages, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of applicable laws or regulations
  • Your infringement of third-party rights
  • Content of your campaigns and communications

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of the jurisdiction where CallChimp operates, without regard to conflict of law provisions.

16.2 Arbitration

Any disputes shall be resolved through binding arbitration in accordance with commercial arbitration rules, except where prohibited by law.

17. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes via email or through the Service. Continued use after changes constitutes acceptance of the new Terms.

18. Miscellaneous

18.1 Entire Agreement

These Terms, along with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and CallChimp.

18.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

18.3 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right or provision.

18.4 Assignment

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

19. Contact Information

For questions about these Terms, please contact us at:

Email: [email protected]
Subject Line: Terms of Service Inquiry