The following information outlines your rights and obligations when using our site. These Terms of Service require that disputes be resolved through individual arbitration (i.e., no class actions or case consolidations). Please carefully review this document in its entirety before using our site to ensure your acceptance of these terms. If you do not agree to all these Terms of Service, you are expressly prohibited from using the site and must discontinue use immediately. You may not obtain services from Tcall unless you: (a) agree to these Terms of Service in full; (b) are at least 18 years old; and (c) are not prohibited by any applicable law, rule, or regulation from accessing or using this website or any of its content or services.
Our site is not intended for children under the age of 18. We have implemented reasonable measures to restrict access to our site by individuals under 18. We strongly encourage you to monitor and supervise your children's internet activities. If you are a parent or guardian and believe your child has provided us with personal information, please contact us at support@tcall.com to request deletion.
These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Tcall (“Company,” “we,” “us,” or “our”), regarding your access to and use of the tcall.com website, dashboard.tcall.com website, and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). Supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason, with such modifications becoming effective immediately. We will notify you of any changes by updating the “Last updated” date of these Terms of Service. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. By continuing to use the Site after such revised Terms of Service are posted, you agree to be bound by the changes.
We value your privacy and security. Please review our Privacy Policy, which is incorporated into these Terms of Service. By using the Site, you agree to be bound by our Privacy Policy. Please note that the Site is hosted in the United States. If you access the Site from a region with laws or regulations governing personal data collection, use, or disclosure that differ from U.S. laws, you consent to your data being transferred to and processed in the United States by continuing to use the Site.
Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and other intellectual property rights laws. The Content and Marks are provided on the Site “AS IS” for your personal use only. No part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission
We reserve the right, but not the obligation, to: (a) monitor the Site for violations of these Terms of Service; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including reporting such users to law enforcement authorities; (c) in our sole discretion, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (d) in our sole discretion, remove from the Site or otherwise disable files and content that are excessive in size or burdensome to our systems; and (e) otherwise manage the Site to protect our rights and property and facilitate its proper functioning.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other issues, or need to perform maintenance on the Site, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or supply any corrections, updates, or releases.
Occasionally, there may be information on our Site that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, or offers. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Site or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website should be taken to indicate that all information has been modified or updated.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Nothing in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party. Both parties shall remain independent contractors responsible for their own actions.
These Terms are for your sole benefit, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
The Tcall platform is not designed to meet industry-specific regulations (such as HIPAA, FISMA, etc.), unless you enable the necessary tools provided by us. If your use of the platform is subject to such regulations, it is your responsibility to activate the appropriate tools. If these tools are not available for your industry, you must not use the platform. Additionally, you may not use the platform in any way that would violate the Gramm-Leach-Bliley Act (GLBA) or any other applicable laws or regulations. The information provided on the platform is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Users who choose to access the platform from other locations do so on their own initiative and are solely responsible for complying with local laws if applicable.
Tcall offers three plans: (a) AI Done with You, (b) AI Done for You, and (c) Partnership Program. Details of these plans can be reviewed here. Unless you are a participant in our Partnership Program, you are not authorized to advertise without our branding. Under all types of accounts, you are not permitted to represent Tcall as your company, claim our technology as your own, or suggest that you are not affiliated with Tcall. By selecting any plan, you agree to adhere to all terms, including the requirement to watch all instructional videos under the AI Done with You and AI Done for You plans before using our services. You acknowledge that we do not guarantee specific results and are not liable for any lack of results.
All users acknowledge that any code, inventions, algorithms, know-how, business, technical, or financial information disclosed to or discovered by them in relation to Tcall, its software, and other confidential information ("Confidential Information") is the sole property of Tcall. Users agree to (i) protect the confidentiality of this information with the same level of care they use to protect their own confidential information, but no less than a commercially reasonable degree of care; (ii) not use the Confidential Information for any purpose other than to fulfill their obligations under these Terms of Service; and (iii) not disclose such Confidential Information to any person or entity, except to their employees, contractors, or advisors who need to know the information to assist them in connection with their obligations under these Terms of Service.
All payments made on the Tcall platform are final. You are responsible for selecting your preferred payment method and notifying us of this preference at least two (2) business days before the payment due date. If you do not notify us in time, our payment system may automatically charge one of the cards on file, even if it is not your preferred payment method. By using credit or debit card payments, you consent to (1) having charges automatically debited from your card on the due date, and (2) authorizing us to collect the full payment by charging any of the cards you have provided to us.
When using our platform, you may incur additional fees related to the use of our CRM, AI services, and third-party services. These fees may include charges on a per-minute basis, as well as for emails and SMS. By agreeing to these Terms of Service, you acknowledge and understand that there are multiple additional fees associated with using our platform.
You may be required to register with the platform. You agree to keep your password confidential and are responsible for all activities that occur under your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.
By using the Tcall platform, you represent and warrant that: (a) all registration information you submit is true, accurate, current, and complete; (b) you will maintain the accuracy of such information and update it as necessary; (c) you have the legal capacity to comply with these Terms of Service; (d) you are not a minor in your jurisdiction of residence; (e) you will not access the platform through automated or non-human means (e.g., bots, scripts); (f) you will not use the platform for any illegal or unauthorized purpose; and (g) your use of the platform will not violate any applicable laws or regulations. If any information you provide is untrue, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the platform (or any part of it).
You may not use the Tcall platform for any purpose other than that for which it is made available. Commercial endeavors outside of those specifically endorsed or approved by us are prohibited. As a user of the platform, you agree not to:
We may store certain data that you transmit to the platform for the purpose of managing its performance, as well as data related to your use of the platform. While we perform regular backups of data, you are solely responsible for all data you transmit or that relates to your activities on the platform. You agree that we have no liability for any loss or corruption of such data, and you waive any right of action against us for such loss or corruption.
The platform may allow you to participate in blogs, message boards, online forums, and other interactive features, providing opportunities to create, submit, post, display, or transmit content ("Contributions"). Contributions may be visible to other users and through third-party websites. By submitting any Contributions, you represent and warrant that:
By submitting Contributions, you grant us an unrestricted, irrevocable license to use, copy, modify, distribute, and display your Contributions for any purpose, without compensation to you. We may edit, redact, re-categorize, or delete any Contributions at any time for any reason.
The platform may allow you to leave reviews or ratings. When posting a review, you must have firsthand experience with the person or entity being reviewed. Reviews must not contain offensive language, discriminatory references, illegal activity, or false information. We reserve the right to accept, reject, or remove reviews at our discretion. By posting a review, you grant us the right to use and distribute your review content.
Any questions, comments, suggestions, ideas, or feedback ("Submissions") you provide to us regarding the platform are considered non-confidential and become our sole property. We are entitled to use and disseminate these Submissions for any purpose without acknowledgment or compensation to you.
As part of Tcall's functionality, you may link your account with third-party service provider accounts ("Third-Party Accounts") by either (a) providing your Third-Party Account login information through the Tcall platform, or (b) allowing us to access your Third-Party Account, as permitted under the terms governing your use of each Third-Party Account. You represent that you are authorized to provide your Third-Party Account information to us and/or allow us to access your Third-Party Account without breaching any terms governing your use of that account. By linking your Third-Party Account, you understand that (a) we may access, make available, and store any content stored in your Third-Party Account (“Social Network Content”) to be available on the Tcall platform, including friend lists, and (b) we may submit and receive additional information to and from your Third-Party Account as notified when linking accounts. Depending on the settings of your Third-Party Accounts, personally identifiable information that you post to those accounts may be available on Tcall. If a Third-Party Account or associated service becomes unavailable, the Social Network Content may no longer be accessible through Tcall. You may disable the connection between Tcall and your Third-Party Accounts at any time. Note that your relationship with Third-Party Account providers is governed solely by your agreements with them, and Tcall does not review or assume responsibility for Social Network Content. We may access your email address book and contacts solely for identifying and informing you of contacts also using Tcall. You can deactivate this connection at any time through your account settings or by contacting us.
Tcall may include links to other websites ("Third-Party Websites") and content from third parties ("Third-Party Content"). We do not investigate, monitor, or check the accuracy, appropriateness, or completeness of Third-Party Websites or Content and are not responsible for them. Accessing Third-Party Websites or using Third-Party Content is at your own risk, and these Terms of Service no longer apply when you leave Tcall. Review the terms and policies of any website you navigate to or any application you install from Tcall. Any purchases made through Third-Party Websites are solely between you and the third party, and we are not responsible for such purchases. We do not endorse the products or services offered on Third-Party Websites, and you agree to hold us harmless from any harm caused by your purchase or use of such products or services. Additionally, you shall hold us harmless from any losses or harm caused by your interaction with Third-Party Content or Websites.
Tcall uses third-party email and SMS marketing services. Additional fees may apply for third-party SMS, email, and call services.
We may receive fees or other compensation as a result of purchases from service providers or vendors recommended through the Tcall platform.
These Terms of Service remain in effect while you use Tcall. We reserve the right to, in our sole discretion, deny access to and use of Tcall, including blocking certain IP addresses, to any person for any reason, including for breach of these Terms of Service or applicable law. We may terminate your use or participation in Tcall, or delete your account and any content or information posted, without warning, in our sole discretion. If your account is terminated or suspended, you are prohibited from registering a new account in your name, a fake name, or the name of any third party. We reserve the right to take appropriate legal action, including civil, criminal, and injunctive redress.
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF TCALL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WILL BE LIMITED TO $500.00 USD. SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Site; (3) your breach of these Terms of Service; (4) your breach of any representations and warranties made in these Terms of Service; (5) your violation of the rights of any third party, including but not limited to intellectual property rights; or (6) any harmful act toward any other user of the Site with whom you have connected via the Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate at your expense with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Tcall, including its members, managers, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, and agents (collectively referred to as "Company," "We," or "Us"), is not a provider of legal, accounting, or financial advisory services, and nothing on the Site or any membership program offered through the Site should be construed as financial or legal advice. We are not an investment advisory service, nor do we serve as financial advisors or provide personalized financial advice. We make no guarantees regarding your ability to achieve results or earn money using our ideas, information, tools, or strategies. While we can guarantee your satisfaction with our training, nothing on the Site, in our content, or within our tools guarantees any specific results or future earnings. We do not offer legal, medical, tax, or other professional advice. Any financial figures mentioned on our Site or in our materials are illustrative of concepts only and should not be considered as average earnings, exact earnings, or promises for actual or future performance. Always consult your accountant, lawyer, or professional advisor before making decisions based on this or any information related to lifestyle changes, business, or finances. You are solely responsible for your decisions, actions, and results, and by registering with us, you agree not to hold us liable for any of your decisions, actions, or results, under any circumstances.
Visiting our Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
We shall not be held liable for delays or failures in performance caused by factors beyond our reasonable control, including but not limited to war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and third-party delays, non-performance, or failures.
We may assign or transfer any or all of our rights and obligations under these Terms, in whole or in part, to any third party at our discretion. You may not assign any of your rights or delegate any of your duties under these Terms without our prior written consent, and any attempt to do so without such consent will be null and void.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce any of our rights under these Terms will not constitute a waiver of our right to enforce such rights in the future, subject to applicable law.
These Terms of Service constitute the entire agreement between you and Tcall, governing your use of the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Tcall regarding the Site. You may also be subject to additional terms, policies (including but not limited to our Privacy Policy), guidelines, or rules that may apply when using the Site. Tcall may revise these Terms of Service at any time by updating this Agreement and posting it on the Site. We recommend that you periodically review the Terms of Service to stay informed of any changes. Your continued use of the Site after any changes to the Terms of Service signifies your acceptance of such changes.
Tcall
support@tcall.com
