1. The Service

WOWCall provides AI‑assisted call answering, recording, transcription, messaging, and integrations via dashboard, APIs, and telephony endpoints.

2. Account & Eligibility

• Use is for business purposes only.
• You are responsible for your credentials, users, and configurations.

3. Customer Responsibilities

• Lawful use: Comply with recording/consent laws, telemarketing/anti‑spam rules (e.g., CASL, TCPA/TSR), data protection laws (e.g., PIPEDA, GDPR/UK GDPR, CCPA/CPRA), and any sector-specific regulations.
• Consent: Obtain and honor all required caller consents; configure WOWCall disclosures where needed.
• Prohibited uses: No illegal content, harassment, exploitation, malware, scams, spam, or network interference; no voice cloning without permission; no reverse engineering.
• Fair use/Rates: Adhere to plan limits, API rate limits, concurrent call/session limits, and reasonable use policies.

4. Data; Privacy; DPA

Processing of Personal Information is governed by the Privacy Policy and, where required, the Data Processing Addendum (DPA), incorporated by reference (including applicable SCCs/UK Addendum).

5. Ownership & Licenses

• Your content remains yours. You grant WOWCall a worldwide, non‑exclusive license to process Customer Data solely to provide the Service and related support, security, and compliance.
• Feedback: You grant WOWCall a non‑exclusive, perpetual license to use feedback to improve the Service.
• WOWCall IP: WOWCall and its licensors retain all rights in the Service, software, models, and documentation.

6. AI Outputs & Accuracy

AI outputs may be inaccurate or incomplete. You are responsible for review, human oversight, and final decisions. The Service does not provide legal, medical, financial, or other professional advice.

7. Third‑Party Services

Integrations are provided "as is." WOWCall is not responsible for third‑party terms, pricing, outages, or data handling.

8. Beta & Experimental Features

Beta/experimental features may be provided for evaluation only, may change or be discontinued, and are excluded from SLAs and some warranties.

9. Support; Uptime

We aim for high availability and reasonable support response times per your plan. Maintenance windows and third‑party dependencies may affect availability.

10. Scope of Subscriptions

• Overview of Your Subscription: Access to the Service is provided on a recurring-billing basis (your "Subscription"). WOWCall currently offers two plan categories: (1) monthly Unlimited Minutes plans and (2) customized Enterprise plans. When you enrol, your Subscription term begins immediately. Month-to-month plans renew every 30 days, and annual plans renew every 12 months, unless you change or cancel your Subscription in accordance with these Terms. Each renewal creates a new contract period, and WOWCall's commitments apply only to the then-current term. WOWCall may update its plans, features, or pricing at any time, and will provide at least 30 days' advance notice of any price changes or material plan adjustments.
• Unlimited Minutes Plan: If you select the Unlimited Minutes plan, you may use the Service for an unlimited number of minutes, subject to a cap of one thousand inbound calls per billing month. A "Call" means each instance in which a caller connects with the Service using your assigned phone number. You are responsible for tracking usage through your dashboard. WOWCall may review your usage if you exceed the 1,000-call threshold in a single billing cycle and may require you to migrate to an Enterprise plan if your usage patterns exceed fair-use expectations.
• Custom Enterprise Plans: WOWCall offers tailored Enterprise plans designed for customers with higher or specialized usage requirements. Pricing and features for Enterprise plans are determined on a case-by-case basis following a needs assessment conducted by WOWCall. Enterprise Subscriptions are governed by these Terms as well as any additional service-specific terms agreed to in writing between you and WOWCall.
• Free Trials: WOWCall may provide new users with access to the Service on a temporary free-trial basis. Free-trial durations and eligibility criteria may differ, and not all users will qualify. The specific trial term will be displayed at the time of enrollment. Unless specified otherwise, free trials are intended solely for first-time users who have not previously subscribed. Your trial will automatically convert into a paid Subscription at the end of the stated trial period unless you cancel before the trial expires. Additional trial-specific limitations, conditions, or usage rules may apply and will be disclosed during sign-up.

11. Fees, Taxes, Trials, and Renewals

• Fees: As shown at checkout/order form; charged in advance per billing cycle plus metered usage (e.g., minutes, messages, storage) if applicable.
• Free trial: You may try the Service for up to 7 days with 20 minutes allocated to test the Service. The trial concludes at the end of day 7.
• Conversion & responsibility to cancel: It is your sole responsibility to cancel within the trial period if you are not satisfied, have not used the Service within the trial period, or do not intend to use the Service beyond the trial. Upon the conclusion of the free‑trial term, all trials convert to paid subscriptions automatically.
• Auto‑renewal: Subscriptions renew automatically for successive terms unless canceled per section 12 of these Terms.
• Taxes: Customers are responsible for taxes, duties, and withholdings.
• Late/chargebacks: May result in suspension; you're responsible for processor fees from failed or contested payments.

12. Term; Cancellation; Suspension

• Term: Starts on sign‑up and continues until canceled.
• Cancellation: You can cancel at any time, effective at the end of the current billing period (unless your order form states otherwise).
• Suspension/Termination by WOWCall: May occur for non‑payment, security risk, legal risk, or material breach.
• Effect: Upon termination/suspension, access ceases; we will retain/delete data per your settings and legal obligations (see Privacy Policy §10).

13. Refunds

Unless required by law or expressly stated, fees are non‑refundable once a billing period starts (excluding documented billing errors).

14. Confidentiality

Each party may access the other's confidential information; it must be used only to perform under this Agreement and protected with reasonable care.

15. Warranties & Disclaimers

The Service is provided "as is" and "as available." WOWCall disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. We do not warrant uninterrupted or error‑free operation.

16. Indemnification

You will indemnify, defend, and hold harmless WOWCall from third‑party claims arising from (a) your unlawful use, (b) failure to obtain required consents, (c) content you provide, or (d) your breach of this Agreement.

17. Limitation of Liability

• No indirect damages: Neither party is liable for lost profits, revenues, goodwill, or indirect, special, or consequential damages.
• Cap: Each party's aggregate liability is limited to the fees paid by Customer to WOWCall in the 12 months preceding the event giving rise to the claim.
• Exclusions: The above caps do not apply to your payment obligations or your indemnification obligations.

18. IP Claims

If the Service allegedly infringes third‑party IP rights, WOWCall may (at its option): procure rights, modify the Service, or terminate access with a pro‑rata refund for the unused prepaid period. This is your exclusive remedy.

19. Publicity

We may use your name and logo to identify you as a Customer (e.g., website, decks), unless you opt out by emailing hello@wowcall.ai.

20. Export & Sanctions

You represent you are not on any restricted list and will not use the Service in prohibited jurisdictions or for prohibited end‑uses.

21. Governing Law; Venue; Dispute Resolution

This Agreement is governed by the laws of Ontario, Canada, and applicable federal laws of Canada, without regard to conflicts of laws. Disputes will be brought in the courts of Toronto, Ontario, or resolved via binding arbitration if mutually agreed in writing. Jury trial waivers apply where permitted.

22. Changes to Terms

We may update these Terms. Material changes will be notified via the Service or email and take effect on the posted effective date. Continued use after the effective date constitutes acceptance.

23. Order of Precedence

If there is a conflict between these Terms and an Order Form or DPA, the Order Form or DPA controls for the conflicting subject matter.

24. Miscellaneous

Entire agreement; no waiver; severability; assignment (you need our consent to assign, except to a successor in interest; we may assign in connection with a restructuring/sale); force majeure.