Terms of Service

We are Callion LLC, doing business as Callion AI ("Callion," "Company," "we," "us," or "our"), a Wyoming limited liability company with its principal office at 30 N Gould St Ste R, Sheridan, Wyoming 82801, United States.

We operate the website https://www.callion.ai (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Callion AI is a business-to-business software platform for real estate professionals. Depending on your configuration, the Services may ingest lead information, initiate or schedule AI-assisted telephone calls and follow-up communications, qualify leads, book appointments, generate transcripts and summaries, and exchange data with connected calendars, lead sources, and customer relationship management systems.

You can contact us by email at support@callion.ai or by mail at 30 N Gould St Ste R, Sheridan, Wyoming 82801, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "Customer"), and Callion LLC, concerning your access to and use of the Services. If you accept these Legal Terms for a brokerage, team, employer, client, or other organization, you represent and warrant that you have authority to bind that organization, and "you" includes that organization and each person using its account. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We may update these Legal Terms as the Services, law, and our risk controls evolve. For material changes, we may notify you by email, through the Services, or by requiring affirmative acceptance before continued use. The notice will state when the revised terms become effective. Your continued use after that effective date, or your affirmative acceptance when requested, constitutes acceptance of the revised terms. If you do not agree, you must stop using the Services.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

The information provided when using the Services is not intended for distribution to 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. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Callion operates as an automated AI calling, lead qualification, appointment booking, and follow-up platform serving real estate professionals. The following industry-specific terms are material conditions of your right to use the Services.

1. Customer Is Responsible for Communications. As between you and Callion, you are the seller, calling party, sender, and party on whose behalf each call, voicemail, text message, email, or other communication is initiated or sent through your account. You alone select or approve the recipients, business purpose, campaign or workflow, timing, frequency, lead source, scripts, offers, and material content of those communications. Callion provides configurable technology at your direction. You are solely responsible for determining whether each communication is lawful and for all acts and omissions of your personnel, contractors, lead vendors, and account users. Labels used in the Services, including "inbound lead," "invited inquiry," "consented," "compliant," or similar descriptions, are operational labels only and are not a legal determination by Callion.

2. Prior Express Written Consent. Before you upload, sync, enroll, or otherwise make a telephone number available for any automated, artificial-voice, prerecorded-voice, or AI-generated telemarketing communication, you represent and warrant that the called person has provided valid, unrevoked prior express written consent that satisfies the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, applicable Federal Communications Commission rules, and all applicable state laws. The consent must clearly authorize the particular seller or business on whose behalf the communication is made to deliver telemarketing at the specified number using the applicable technology, include all required disclosures, bear a legally valid signature, and not be required as a condition of purchasing property, goods, or services. You may not rely solely on the name of a lead source, a lead vendor's general assurance, or the fact that a person submitted an inquiry. Callion does not obtain or validate consumer consent for you.

3. Consent Evidence and Audit Rights. You must create and retain complete, accurate, and tamper-resistant evidence of consent for at least five years after the last communication, or longer if law requires. Evidence must include the person's name and telephone number, the exact disclosure and consent language shown, the named seller, authorized channels and technologies, date and time, source URL or form, signature evidence, IP address or comparable electronic record, the identity of any lead vendor, and all later revocations. At our request, you must provide complete evidence within two business days, or sooner when required by a regulator, carrier, court, or provider. Failure to produce satisfactory evidence permits us to block communications, suspend or terminate your account, preserve relevant records, and take other protective action without liability or refund.

4. Do-Not-Call, Revocation, and Reassigned Numbers. You are responsible for the National Do Not Call Registry, state do-not-call lists, company-specific suppression lists, reassigned-number risk, and all opt-out and revocation requirements. You must maintain written procedures, train relevant personnel, use registry data with the frequency required by law, and honor all do-not-call and revocation requests for the legally required period. A person may revoke consent by any reasonable method. You must promptly report every request to Callion and must not re-upload, reenroll, call, or otherwise contact a suppressed number unless the person subsequently provides new, legally sufficient consent. You may not disable, evade, or override a Callion suppression control.

5. Identification, AI Disclosure, and Opt-Out Mechanisms. You must ensure every communication accurately identifies the legally registered business responsible for the communication, identifies the communication as AI-generated or artificial when required, transmits lawful caller identification information, provides a reachable callback number and all other required disclosures, and provides legally required interactive voice, key-press, reply, or callback opt-out mechanisms. You may not remove, obscure, contradict, or customize away any required disclosure or opt-out instruction. You are responsible for the legality of every greeting, script, voicemail, and follow-up, including user-customized content.

6. Calling Times, Frequency, and State Laws. You are responsible for federal calling-hour limits and every state or local restriction concerning calling times, frequency, curfews, registration, bonding, disclosures, consent, recording, or telemarketing conduct, including laws based on the called person's location. You must configure more restrictive limits when applicable. A Callion scheduling, state-rule, or frequency feature is a risk-control aid, not a representation or warranty that a communication is lawful.

7. Automation and Follow-Up. Enabling a workflow, retry, sequence, integration, or automatic response is your instruction to Callion to process and transmit the communications configured in that workflow on your behalf. You represent and warrant that you have a lawful basis and all required consent for every step and channel, and that consent remains valid when each step occurs. You are responsible for promptly pausing or ending automations when consent expires, is revoked, or no longer covers the communication. Email communications must comply with CAN-SPAM and other applicable law. Text messages may be used only when the feature is expressly enabled for your account and all carrier, registration, consent, and messaging requirements are satisfied.

8. Recording, Transcription, Privacy, and Voice Rights. You are responsible for providing all notices and obtaining all consents required to record, monitor, transcribe, analyze, store, and disclose communications, including under all-party-consent wiretap and recording laws. You must provide legally sufficient privacy notices and comply with applicable data protection, biometric, voiceprint, consumer-protection, and cross-border-transfer laws. Before using any cloned, synthetic, or imitated voice associated with an identifiable person, you must obtain that person's explicit written authorization covering the intended use and retain it for the required period. You may not clone or imitate a person without authorization or use a voice deceptively.

9. Real Estate and Fair Housing Compliance. You must comply with all real estate licensing, advertising, solicitation, agency, brokerage, fair housing, anti-discrimination, and professional-conduct requirements. You may not configure the Services to make discriminatory housing decisions, unlawfully steer consumers, misrepresent licensure or agency, or provide legal, tax, lending, appraisal, or other regulated professional advice. You are responsible for human review of material statements, lead decisions, scores, and appointments.

10. No Legal Advice or Compliance Guarantee. Callion does not provide legal advice and is not your lawyer, compliance officer, telemarketer, broker, or agent. Sample consent language, templates, default scripts, disclosures, state rules, warnings, blocks, badges, documentation, and other compliance-related features are general operational aids. Laws and regulatory interpretations change and may depend on facts unavailable to Callion. We do not represent or warrant that any feature, script, setting, lead source, or use of the Services complies with law. You must obtain advice from qualified counsel concerning your activities.

11. Complaints, Investigations, and Cooperation. You must notify us at support@callion.ai within twenty-four hours after learning of any demand, complaint, opt-out failure, carrier inquiry, subpoena, investigation, threatened claim, or proceeding relating to a communication made through the Services. You must preserve all relevant data, stop affected campaigns when appropriate, avoid misleading statements or admissions on Callion's behalf, and fully cooperate with our investigation and response. We may preserve and disclose relevant information to providers, carriers, regulators, courts, law enforcement, or affected parties when we reasonably believe it is necessary to comply with law, protect the Services, investigate abuse, or defend Callion or another protected party.

12. Protective Controls and Suspension. We may screen accounts, require identity or business verification, limit volume, review campaigns, demand consent records, monitor complaint signals, block numbers or content, pause communications, preserve records, or immediately suspend or terminate access whenever we reasonably believe an activity creates legal, reputational, security, carrier, or operational risk. These rights do not create a duty to monitor or prevent unlawful activity, and our failure to exercise them does not transfer your responsibility to Callion. You may not circumvent a control or re-create a suspended campaign or account.

13. Indemnification. Your use of communications and automation features is expressly conditioned on the defense, indemnification, advancement, and reimbursement obligations in Section 20. Those obligations include covered judgments, statutory damages, settlements, fines, penalties, attorneys' fees, expert fees, investigation expenses, and other losses arising from your communications, lead data, consent, scripts, campaigns, or use of the Services.

14. Google and Other Connected Services. By linking a Google or other third-party account, you grant Callion and its providers a limited, non-exclusive license to access, process, read, create, modify, and, where directed by the feature, delete connected data solely to provide the Services. You are responsible for permissions, sharing settings, data accuracy, and your authority to connect each account. You authorize Callion to create, modify, and cancel calendar events and to ingest or transmit data as directed by your configuration. Disconnecting an account revokes future access but may cause related automations to stop and does not require deletion of records we must retain by law or for security, billing, dispute, or compliance purposes.

15. Third-Party Providers. The Services depend on telecommunications carriers, voice and AI providers, cloud hosts, payment providers, lead sources, calendars, CRMs, and other third parties. Your use may also be subject to their terms and acceptable-use rules. We do not control and are not responsible for their acts, omissions, availability, blocking, filtering, data practices, pricing, or legal compliance. We may change providers, routing, numbers, or features when reasonably necessary to operate or protect the Services.

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no 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 whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@callion.ai. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are solely responsible for your Submissions.

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) if acting for an entity, you have authority to bind it; (5) you are not a minor in the jurisdiction in which you reside; (6) you are a duly licensed real estate professional or are otherwise legally authorized to conduct each activity performed through the Services; (7) you own, control, or have all rights and lawful bases necessary for all lead data, telephone numbers, scripts, recordings, voices, content, and connected accounts you provide; (8) every instruction you give the Services is lawful; (9) you will not use the Services for any illegal, deceptive, abusive, or unauthorized purpose; (10) you will comply with these Legal Terms and all applicable laws, carrier requirements, and third-party terms; and (11) you are not relying on Callion for legal or compliance advice.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of 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 username is inappropriate, obscene, or otherwise objectionable.

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Apple Pay
• PayPal
• Google Pay

Paddle or another designated payment provider may act as merchant of record and process payments, taxes, refunds, and billing information under its own terms and privacy notice. You authorize us and our payment provider to charge your selected payment method for subscription fees, usage charges, overages, taxes, and other amounts disclosed at purchase. You agree to provide current, complete, and accurate account and payment information and to update it promptly. Prices may change as provided in these Legal Terms. Unless stated otherwise, charges are in United States dollars.

You are responsible for all usage and charges incurred through your account, including activity by authorized or unauthorized users unless applicable law requires otherwise. We may require prepayment, deposits, reserves, usage limits, or an alternative payment method for high-volume or higher-risk use. You must pay undisputed amounts when due and reimburse reasonable collection costs, including attorneys' fees, incurred to collect overdue amounts. We may correct pricing or billing errors.

We may refuse, limit, or cancel an order, subscription, credit, promotion, or usage allocation when we reasonably suspect error, fraud, abuse, payment risk, legal risk, or violation of these Legal Terms.

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Free Trial

We offer a 14-day free trial to new users who register with the Services. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.

Cancellation

Except as required by law or expressly provided in our Refund Policy, purchases are non-refundable. You can cancel your subscription through your account or the billing portal. Cancellation takes effect at the end of the current paid term and does not excuse accrued fees, usage charges, indemnification obligations, or other amounts already owed. If you have questions, email support@callion.ai.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Use the Services to cold call, text, email, or otherwise contact a person without the consent, permission, or other lawful basis required for that recipient, channel, purpose, seller, and technology.
• Upload scraped numbers, harvested data, purchased lists, or third-party leads without complete and auditable evidence that you may lawfully use them for the configured communications.
• Misrepresent, fabricate, alter, conceal, or "launder" consent records, lead provenance, opt-outs, inquiry status, caller identity, campaign purpose, or the party on whose behalf a communication is made.
• Contact a person after a do-not-call, unsubscribe, revocation, wrong-number, or other opt-out request, or reintroduce a suppressed number without newly obtained legally sufficient consent.
• Disable, bypass, evade, test the boundaries of, or interfere with any consent, disclosure, identity, quiet-hour, frequency, suppression, fraud, security, or compliance control.
• Remove, obscure, contradict, or customize away required AI, business-identity, recording, caller-ID, or opt-out disclosures.
• Use misleading or inaccurate caller identification, impersonate a person or government entity, clone or imitate a voice without authorization, or conceal the actual seller or business responsible for a communication.
• Use the Services for scams, phishing, fraud, harassment, threats, deceptive offers, illegal discrimination, unlawful steering, or other abusive or unfair practices.
• Use the Services for political campaigning, debt collection, healthcare communications, emergency services, government services, gambling, adult services, controlled substances, weapons, or communications directed to minors without our prior written approval and all legally required safeguards.
• Collect payment-card data, Social Security numbers, health information, authentication credentials, or other highly sensitive information through an AI call unless we have expressly approved and configured the applicable feature in writing.
• Use the Services in violation of the TCPA, Telemarketing Sales Rule, CAN-SPAM Act, federal or state do-not-call rules, state mini-TCPA or wiretap laws, privacy or biometric laws, real estate licensing rules, Fair Housing Act, carrier requirements, or any other applicable law or industry rule.
• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other malicious material, or engage in spamming.
• Engage in any automated use of the system, including scripts, data mining, robots, or scrapers.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents.
• Attempt to bypass any measures of the Services designed to prevent or restrict access.
• Copy or adapt the Services' software, or decipher, decompile, disassemble, or reverse engineer any of the software.
• Use the Services as part of any effort to compete with us.

Any prohibited activity is a material breach. We may immediately block affected communications, suspend or terminate your account without notice or refund, preserve evidence, notify affected providers, carriers, or authorities, and pursue any available remedy. You remain responsible for all charges and liabilities incurred before or as a result of suspension or termination.

The Services allow you to upload, connect, transmit, configure, or generate lead data, telephone numbers, scripts, prompts, recordings, transcripts, calendar information, CRM data, documents, feedback, and other materials (collectively, "Customer Content"). You retain ownership of Customer Content. You grant Callion and its providers a worldwide, non-exclusive, royalty-free, sublicensable license to host, copy, transmit, transform, analyze, display, and otherwise process Customer Content as necessary to provide, secure, support, and improve the Services, comply with law, and enforce these Legal Terms.

You represent and warrant that you have all rights, permissions, notices, consents, and lawful bases required for Customer Content and our processing of it; that it is accurate and not misleading; and that it does not infringe, misappropriate, or violate any person's rights or any law. Customer Content and instructions remain your responsibility even when the Services format, summarize, transform, or act on them.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

You and the Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

Except for the limited license granted above, we do not assert ownership over Customer Content. You are solely responsible for Customer Content and for maintaining any backup, export, or record you are legally required to retain.

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews.

We may accept, reject, or remove reviews in our sole discretion.

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (5) investigate complaints, usage patterns, consent evidence, scripts, and campaigns; (6) impose volume, destination, feature, or account limits; (7) cooperate with carriers, providers, regulators, courts, and law enforcement; and (8) otherwise manage the Services to protect consumers, the Services, providers, Callion, and other persons. Our monitoring or enforcement does not make us responsible for your use, create a duty to detect violations, or constitute approval of any campaign or communication.

We care about data privacy and security. Please review our Privacy Policy at https://www.callion.ai/privacy. By using the Services, you agree to our Privacy Policy, which is incorporated into these Legal Terms. Customer Content may be processed in the United States, Serbia, and other locations where Callion or its providers operate, subject to the Privacy Policy and applicable law. You are responsible for providing legally sufficient privacy notices to leads and other individuals whose data you provide and for entering into any data-processing agreement required for your use case.

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

Suspension or termination does not affect accrued payment obligations or provisions that by their nature should survive, including ownership, licenses necessary for retained records, disclaimers, limitations of liability, dispute resolution, indemnification, reimbursement, audit, evidence preservation, and cooperation obligations. We may retain records as required by law or reasonably necessary for security, billing, enforcement, dispute, or compliance purposes.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors.

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Wyoming and applicable United States federal law, without regard to conflict-of-law principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

Except for the exclusions below, any Dispute that is not resolved informally will be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect. The arbitration will be conducted in English by one arbitrator. The legal seat will be Wyoming, but proceedings may occur remotely when permitted by the arbitrator. The arbitrator may award any individual remedy available in court that is not validly limited by these Legal Terms and will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.

Either party may bring an eligible individual claim in small claims court. Callion may seek injunctive or equitable relief for misuse of the Services, threatened consumer harm, security incidents, infringement or misappropriation of intellectual property, confidentiality breaches, or attempts to evade suspension, and may pursue undisputed payment or indemnification obligations in a court of competent jurisdiction. For matters permitted to proceed in court, the parties consent to exclusive jurisdiction in the state and federal courts located in Wyoming and waive objections based on venue or inconvenient forum.

Restrictions

YOU AND CALLION WAIVE THE RIGHT TO A JURY TRIAL. EACH PARTY MAY BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both parties agree in writing, the arbitrator may not consolidate claims of different customers or preside over any class, collective, consolidated, or representative proceeding. If a final judicial determination holds a particular claim or request for relief cannot be arbitrated subject to these restrictions, only that claim or request will be severed and may proceed in court after all arbitrable matters are completed.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update the information on the Services at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES, AI OUTPUT, TRANSCRIPTS, SUMMARIES, SCORES, APPOINTMENTS, AVAILABILITY RESULTS, COMPLIANCE FEATURES, OR THIRD-PARTY SERVICES WILL BE ACCURATE, COMPLETE, LAWFUL, UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT CALLS OR MESSAGES WILL BE DELIVERED OR ANSWERED; OR THAT THE SERVICES WILL PRODUCE LEADS, APPOINTMENTS, REVENUE, OR ANY PARTICULAR BUSINESS RESULT. AI OUTPUT MAY BE INCORRECT, INCOMPLETE, BIASED, OR UNEXPECTED, AND YOU ARE RESPONSIBLE FOR APPROPRIATE HUMAN REVIEW.

TO THE FULLEST EXTENT PERMITTED BY LAW, CALLION AND ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES; LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, OR DATA; COSTS OF SUBSTITUTE SERVICES; SERVICE INTERRUPTION; FAILED OR BLOCKED COMMUNICATIONS; OR CLAIMS ARISING FROM A CUSTOMER COMMUNICATION, AI OUTPUT, CUSTOMER CONTENT, OR THIRD-PARTY SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CALLION AND THE OTHER PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE LEGAL TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (US $100) OR THE FEES ACTUALLY PAID BY YOU FOR THE SERVICES DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

No limitation in these Legal Terms limits your payment, defense, indemnification, advancement, reimbursement, audit, evidence-preservation, or cooperation obligations, or your liability for fraud, willful misconduct, unlawful communications, violation of another person's rights, or breach of Sections 1 or 7. Some jurisdictions do not permit certain exclusions, so a limitation applies only to the maximum extent permitted by applicable law.

Your Duty to Defend and Indemnify. To the fullest extent permitted by law, you will defend, indemnify, reimburse, and hold harmless Callion, its present and former parents, subsidiaries, affiliates, successors, assigns, owners, members, managers, directors, officers, employees, contractors, agents, licensors, telecommunications carriers, payment processors, AI and voice providers, cloud providers, and other service providers, and each of their respective personnel (collectively, the "Callion Indemnified Parties"), from and against every allegation, demand, complaint, investigation, inquiry, subpoena, audit, action, arbitration, lawsuit, settlement, judgment, fine, penalty, forfeiture, charge, assessment, loss, liability, damage, cost, and expense of any kind, including statutory and treble damages, restitution, refunds, credits, carrier charges, expert and consultant fees, court and arbitration costs, and reasonable attorneys' fees and expenses (collectively, "Losses"), arising out of or relating to:

• Your access to, configuration of, instructions to, or use or misuse of the Services, including any communication initiated, attempted, scheduled, generated, or sent through your account.
• Customer Content, lead data, lead-source practices, scripts, prompts, offers, recordings, cloned or synthetic voices, caller identification, integrations, campaigns, workflows, or decisions made from AI output.
• The absence, inadequacy, expiry, revocation, falsification, or unavailability of consent or other authority to contact, record, transcribe, process data about, or use the voice or likeness of any person.
• An actual or alleged violation of the TCPA, Telemarketing and Consumer Fraud and Abuse Prevention Act, Telemarketing Sales Rule, CAN-SPAM Act, federal or state do-not-call requirements, state mini-TCPA, quiet-hour, call-recording, wiretap, privacy, biometric, consumer-protection, real estate, fair housing, licensing, advertising, or other applicable law, rule, order, or carrier requirement.
• A consumer opt-out, revocation, wrong-number, reassigned-number, harassment, deception, discrimination, privacy, data, publicity, intellectual-property, or other rights claim relating to your use of the Services.
• Your breach of these Legal Terms, Privacy Policy, an applicable provider term, representation, warranty, covenant, or legal obligation; your negligence, fraud, or willful misconduct; or the acts or omissions of your personnel, contractors, account users, lead vendors, clients, or agents.

Defense Control and Advancement. Your duty to defend begins immediately when a covered matter is asserted or reasonably anticipated and is separate from your duty to indemnify. At our option, we may tender the defense to you or assume exclusive control of the defense with counsel of our choosing. You will fully cooperate, preserve and produce evidence, make personnel available, and provide truthful information. You may not settle a matter, admit fault on behalf of a Callion Indemnified Party, impose any obligation on one, or make any public statement concerning one without our prior written consent.

You must advance or reimburse covered Losses, including legal fees and investigation expenses, as they are incurred and within ten calendar days after written demand. If you fail to assume an adequate defense promptly, we may defend or settle the matter without waiving any right, and you must reimburse all resulting Losses. Amounts owed under this Section are not subject to the limitation of liability in Section 19, are in addition to other remedies, and survive suspension, cancellation, payment, account deletion, and termination of these Legal Terms. These obligations apply except to the extent a final, non-appealable decision determines that a Loss resulted solely from Callion's gross negligence or willful misconduct and applicable law prohibits indemnification for that conduct.

Insurance. You will maintain insurance appropriate to your activities and reasonably sufficient to satisfy your obligations under these Legal Terms. For high-volume, Brokerage, enterprise, or other higher-risk use, we may require proof of commercial general liability, errors and omissions, cyber/privacy, media, or telemarketing coverage; specified limits; and designation of Callion as an additional insured where commercially available. Insurance does not limit your liability or indemnification obligations.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services and for retaining legally required records. You agree that, to the fullest extent permitted by law, we have no liability for loss, corruption, alteration, unavailability, or deletion of data. We may preserve data and metadata reasonably necessary to investigate abuse, respond to legal process, enforce these Legal Terms, or defend a Callion Indemnified Party.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS. You agree that our electronic records of acceptance, including the account, date, time, version, IP address, and related metadata, are admissible evidence of your agreement. We may require renewed affirmative acceptance after a material update or change in contracting entity.

Program Description

If you separately opt in to receive Callion account or service messages, you consent to receive SMS at the number provided, which may include account alerts, security notices, responses to inquiries, and appointment reminders. Message frequency varies. Consent to Callion account messages is not consent for a Customer to send lead follow-up messages through the Services. Customer messaging features, when enabled, remain subject to all obligations in Sections 1, 7, and 20.

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt out. After this, you will no longer receive SMS messages from us.

Message and Data Rates

Message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan. Carriers are not liable for delayed or undelivered messages.

Support

If you have any questions or need assistance regarding our SMS communications, please reply with the keyword HELP. You can also email us at support@callion.ai.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision is not a waiver. If any provision is unlawful, void, or unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain effective. You may not assign or transfer these Legal Terms or an account without our prior written consent. We may assign these Legal Terms, including in connection with a reorganization, financing, merger, acquisition, asset transfer, or sale of the business. The parties are independent contractors; nothing creates a partnership, franchise, fiduciary, employment, or agency relationship. There are no third-party beneficiaries except the Callion Indemnified Parties, who may enforce provisions protecting them. We are not liable for delay or failure caused by events beyond our reasonable control. Headings are for convenience only, and "include" means "include without limitation." An order form or signed enterprise agreement controls only where it expressly identifies the provision of these Legal Terms it overrides.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: