1. GoldenCaller Terms of Service

    Last updated: Feb 1, 2026

    PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I AGREE,” CREATING AN ACCOUNT, OR OTHERWISE ACCESSING OR USING GOLDENCALLER’S SERVICES, YOU (“CUSTOMER”) AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

    1. Acceptance & Effective Date

    These Terms constitute a binding contract between Customer and Golden Caller LLC, a Delaware limited liability company (“GoldenCaller,” “we,” “us,” or “our”). The agreement is effective on the date Customer accepts these Terms (the “Effective Date”).

    1. Services

    GoldenCaller provides AI-powered outbound calling, call-center automation, and related analytics (collectively, the “Services”) in accordance with the features, usage limits, and pricing selected in an online order, dashboard, or statement of work (each, an “Order”).

    1. Customer Obligations & Compliance

    3.1 Lawful Lead Data, Consent & Verification.

    Customer represents, warrants, and covenants that each telephone number or contact record it provides or directs GoldenCaller to call meets all of the following requirements:

    1. Has provided prior express written consent that expressly authorizes automated, prerecorded, artificial-voice, and/or text communications for the specific campaign purpose;
    2. Has not revoked such consent;
    3. Is not listed on any federal, state, or internal do-not-call registry; and
    4. Has been validated through commercially reasonable consent-verification procedures.

    Customer shall retain verifiable evidence of consent—including time/date stamps, consent language, and source URL or form—for at least five (5) years and shall furnish such evidence to GoldenCaller within two (2) business days of request by GoldenCaller or any governmental authority.

    3.2 Compliance Responsibility.

    Customer is solely responsible for:

    1. Collecting and retaining proof of consent;
    2. Honoring opt-outs, revocations, and Do-Not-Call requests; and
    3. Ensuring all call scripts and content comply with Applicable Laws.

    GoldenCaller has no obligation to audit Customer’s compliance or lead sources.

    3.3 Indemnity.

    Customer shall defend, indemnify, and hold harmless GoldenCaller and its affiliates, officers, directors, employees, and agents from and against all liabilities, losses, costs, damages, settlements, judgments, fines, penalties, and reasonable attorneys’ fees arising out of or related to (i) Customer’s breach of §3 or any Applicable Law, (ii) Customer’s failure to obtain or maintain valid consent, or (iii) any governmental or private action alleging unlawful calls, texts, or marketing practices attributable to Customer data or instructions.

    3.4 Acceptable Use & Prohibited Content.

    Customer shall not use the Services to:

    • Transmit or store content that is unlawful, fraudulent, harassing, defamatory, obscene, or hateful;
    • Engage in debt-collection, credit-repair, or other high-risk activities without GoldenCaller’s prior written consent;
    • Target or solicit minors;
    • Infringe, misappropriate, or violate any intellectual-property, privacy, or publicity right; or
    • Violate any Applicable Law or industry guideline.

    GoldenCaller may suspend or terminate the Services immediately upon notice for any breach of this Section.

    1. Fees & Payment

    Customer agrees to pay all fees specified in the applicable Order. Fees are non-refundable. Charges are due upon invoice and late balances bear a $15 penalty per month (or the maximum legal rate). GoldenCaller may suspend Services for late payment.

    1. Recordings, Data & Publicity

    Customer authorizes GoldenCaller to record, store, transcribe, analyze, and monitor all calls placed or received on Customer’s behalf. Customer grants GoldenCaller a perpetual, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, distribute, adapt, create derivative works from, and publicly display de-identified excerpts of recordings, transcripts, aggregated usage data, and Customer’s name and logo for GoldenCaller’s marketing, advertising, case-study, training, benchmarking, or portfolio purposes without further approval or compensation, provided that GoldenCaller removes or masks personal data and any information Customer designates in writing as confidential. Customer may revoke the public use of its name and logo prospectively with thirty (30) days’ written notice; however, previously published materials need not be withdrawn.

    5.1 Call-Recording Law Compliance.

    Customer is solely responsible for obtaining and documenting all required one-party or two-party consent for recording and monitoring calls, providing legally sufficient verbal or written disclosure where mandated, and complying with federal and state wiretap and eavesdropping statutes. Customer shall defend, indemnify, and hold GoldenCaller harmless from any claim or penalty arising from alleged unlawful recording.

    1. Intellectual Property

    GoldenCaller retains all right, title, and interest in its software, algorithms, documentation, and know-how. Customer receives a non-exclusive, non-transferable, limited license to access and use the Services during the Term (defined below).

    1. Confidentiality & Security

    Each party shall protect the other party’s non-public information using commercially reasonable measures. GoldenCaller implements industry-standard administrative, technical, and physical safeguards to secure Customer data.

    7.1 Security Incident Notice.

    GoldenCaller will notify Customer without undue delay after becoming aware of a confirmed security incident that results in unauthorized access to Customer data, and will provide information reasonably necessary for Customer to assess and mitigate the incident. GoldenCaller’s liability for any incident is limited to commercially reasonable remediation costs.

    7.2 Data-Processing Addendum (DPA).

    To the extent GoldenCaller processes “personal data” or “personal information” subject to GDPR, CCPA/CPRA, or similar laws, the parties agree to the GoldenCaller Data-Processing Addendum located at https://GOLDENCALLER.ai/dpa (or successor URL), which is incorporated herein by reference.

    1. Warranties & Disclaimers

    Except as expressly stated, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION.

    AI-Output Disclaimer. Analytics, transcriptions, sentiment scores, and any AI-generated responses are provided for informational purposes only and may contain inaccuracies; Customer is solely responsible for verifying results before relying on them.

    Service Availability Disclaimer. While GoldenCaller targets 99.6% monthly uptime, outages and scheduled maintenance may occur. GoldenCaller disclaims any liability for data loss, call disruptions, or damages arising from downtime.

    1. Limitation of Liability

    9.1 Exclusion of Damages.

    GOLDENCALLER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY.

    9.2 Cap.

    GOLDENCALLER’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO GOLDENCALLER IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

    1. Term & Termination

    These Terms begin on the Effective Date and continue until terminated (the “Term”). Either party may terminate for material breach that remains uncured fifteen (15) days after written notice or immediately if the other party ceases business or becomes insolvent. Upon termination, Customer must cease use of the Services and pay all outstanding fees.

    1. Modifications to Terms

    GoldenCaller may update these Terms at any time by posting a revised version and notifying Customer (e-mail or in-app notice). Changes become effective thirty (30) days after notice. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

    1. Governing Law & Dispute Resolution

    These Terms are governed by Delaware law, without regard to conflict-of-law rules. Any dispute not resolved informally within thirty (30) days shall be settled by binding arbitration administered by the American Arbitration Association in Wilmington, Delaware under its Commercial Arbitration Rules. Judgment may be entered in any court of competent jurisdiction.

    CLASS ACTION WAIVER. THE PARTIES AGREE THAT ANY ARBITRATION OR LITIGATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

    1. Miscellaneous

    13.1 Assignment.

    Customer may not assign these Terms without GoldenCaller’s prior written consent.

    13.2 Severability.

    If any provision is held unenforceable, the remaining provisions remain in effect.

    13.3 Entire Agreement.

    These Terms, together with each Order, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements.

    13.4 No Waiver.

    Failure to enforce any provision will not constitute a waiver.

    13.5 Export-Control & Sanctions Compliance.

    Customer represents that it is not located in, under the control of, or a national or resident of any country subject to U.S. embargo or sanctions, nor listed on any U.S. Government restricted-party list. Customer shall not access or use the Services in violation of U.S. or other applicable export-control or sanctions laws.

    By clicking “I Agree,” Customer acknowledges that it has read, understood, and accepted these Terms.

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