Terms of Service

1. Acceptance of Terms

By accessing or using WhyAICall ("the Service", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and WhyAICall.

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

2. Service Description

WhyAICall is an AI-powered outbound calling platform that enables businesses and individuals to create AI agents that make automated phone calls. The Service includes:

• AI voice agent creation and configuration using ElevenLabs Conversational AI technology
• Automated outbound calling to phone numbers provided by you
• Batch calling capabilities for multiple recipients
• Call transcripts, summaries, and intent detection analytics
• Multi-language support (English, Malay, Chinese Mandarin)
• A dedicated phone number assigned to your account for outbound calls

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. User Accounts

3.1 Registration

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information promptly if it changes. We may reject your registration or terminate your account if we believe the information provided is inaccurate, incomplete, or fraudulent.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately at support@whyaicall.com of any unauthorized access to your account. We are not liable for any loss or damage arising from unauthorized access to your account caused by your failure to safeguard your credentials.

3.3 Account Responsibility

You are fully responsible for all activities conducted through your account, including all calls made, content delivered, and any actions taken by AI agents operating under your account. You may not share your account, transfer it to another person, or allow others to use your credentials.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with all applicable local, national, and international laws and regulations, including but not limited to telemarketing laws, data protection laws, and anti-spam regulations.

You must NOT use the Service to:

• Make unsolicited commercial calls ("spam calls") to individuals who have not given consent
• Harass, threaten, intimidate, or abuse call recipients
• Make calls to numbers on applicable Do-Not-Call registries without consent
• Conduct illegal telemarketing activities or violate TCPA, CAN-SPAM, PDPA, or equivalent laws
• Impersonate any person, entity, or organization fraudulently
• Engage in any form of deceptive, misleading, or fraudulent calling practices
• Transmit unlawful, defamatory, obscene, or harmful content
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to any part of the Service or its systems
• Resell or redistribute the Service without prior written consent

You are solely responsible for obtaining all necessary consents from call recipients before initiating calls through the Service. Violation of this section may result in immediate account termination and may expose you to legal liability.

5. Billing & Subscriptions

5.1 Recurring Billing

Paid subscriptions are billed on a recurring monthly basis. By subscribing, you authorize us to charge your payment method automatically at the start of each billing period. All fees are stated in US Dollars and are exclusive of applicable taxes.

5.2 Plan Limits

Each subscription plan includes a defined monthly minute allowance. Unused minutes do not roll over to the next billing period. If you exceed your plan limits, additional calling will be suspended until your next billing period unless you upgrade your plan.

5.3 Cancellation

You may cancel your subscription at any time from your billing settings. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the period ends. We do not prorate partial months.

5.4 Refunds

All subscription fees are non-refundable except where required by applicable law. If you believe you were charged in error, please contact us within 30 days of the charge at support@whyaicall.com. We will review your case and, at our sole discretion, may issue a credit or refund.

5.5 Price Changes

We reserve the right to change subscription prices at any time. We will provide at least 30 days' notice before any price change takes effect. Your continued use of the Service after the price change constitutes your acceptance of the new pricing.

6. Intellectual Property

The Service and all its content, features, and functionality — including but not limited to software, text, graphics, logos, and AI models — are owned by WhyAICall or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

You retain ownership of the content you provide to the Service (call scripts, knowledge base content, contact data). By providing content, you grant WhyAICall a limited, non-exclusive, royalty-free license to use, store, and process that content solely for the purpose of providing the Service to you.

7. Privacy

Your privacy is important to us. Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in our Privacy Policy.

8. Limitation of Liability

To the maximum extent permitted by applicable law, WhyAICall and its directors, employees, partners, agents, suppliers, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunities, arising out of or in connection with your use of the Service.

Our total cumulative liability to you for any claims arising under these Terms shall not exceed the greater of (a) the total amount you paid to WhyAICall in the 12 months preceding the claim, or (b) USD $100.

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

9. Termination

We may suspend or terminate your account and access to the Service at any time, with or without notice, if we believe you have violated these Terms, engaged in fraudulent activity, or if required by law. You may terminate your account at any time by cancelling your subscription and requesting account deletion from your settings.

Upon termination, your right to use the Service ceases immediately. Sections relating to intellectual property, limitation of liability, and dispute resolution survive termination.

10. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also notify you by email. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes.

11. Contact Information

If you have any questions about these Terms, please contact us: