Terms Of Service

Eligibility

• You are at least 18 years old.
• You have the legal authority to enter into these Terms on behalf of yourself or the entity you represent.
• Your use of the Services does not violate any applicable laws or regulations.

Account Registration

To use certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information and to update it as necessary. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.

User Responsibilities

• Use the Services only for lawful purposes and in accordance with these Terms.
• Not use the Services in any way that violates applicable laws, regulations, or any third-party rights.
• Not submit harmful, abusive, offensive, spam, duplicate, or illegal content.
• Not attempt to reverse-engineer, modify, or tamper with the functionality of the Services.
• Not use the Services to spam, solicit sales, ask for money, or promote any business, product, or service unless explicitly permitted.
• Only use the Services to resolve genuine customer service issues.

Message Moderation

CallRed reserves the right to monitor, review, and, at our sole discretion, refuse to send or delete any message submitted through our platform, for any reason. This includes, but is not limited to:

• Messages that are deemed irrelevant, inappropriate, offensive, harmful, or in violation of these Terms.
• Messages that promote businesses, solicit sales, or ask for money unless specifically permitted.
• Messages that are spam-like, repetitive, or fail to address a legitimate customer service or business inquiry.

Account Suspension and Termination (Including Paid Accounts)

We reserve the right to temporarily restrict, suspend, or permanently terminate your account, including paid accounts, for any reason, at our sole discretion, without prior notice or liability. This may include, but is not limited to:

Paid Account Policy

If your paid account is suspended or terminated, you acknowledge that no refunds or credits will be issued for any unused portion of your subscription or any fees paid, unless required by applicable law.

• Violations of these Terms.
• Misuse of the platform, such as spamming, harassment, or sending irrelevant or inappropriate messages.
• Conduct that harms the platform, businesses, or other users.

Refund Policy

In the case of paid Services, if your account is restricted, suspended, or terminated for any reason, you agree that no refunds or credits will be provided. You understand and agree that any remaining balance on paid accounts will be forfeited upon termination, unless required by law.

Content Ownership and Licensing

You retain ownership of any messages or content you submit through our Services. However, by submitting messages, you grant CallRed a non-exclusive, royalty-free, worldwide license to transmit and display the content as part of the messaging service. CallRed does not claim ownership of user content, but reserves the right to retain copies of messages for legal, compliance, and service improvement purposes.

Communication with Businesses

• Messages must be intended to resolve customer service issues.
• Users may not send messages to promote products or services.
• Users may not solicit donations or payments from businesses (unless explicitly authorized).
• Users may not harass or send inappropriate messages to businesses.

Data Retention and Privacy

Your use of the Services is subject to our **Privacy Policy**, which outlines how we collect, use, and protect your personal data. By using the Services, you consent to our collection and use of your data in accordance with the Privacy Policy. Information related to messages, including personal data, may be retained for a reasonable period as outlined in the Privacy Policy.

Prohibited Activities

• Hacking, tampering with, or attempting to exploit any part of the platform.
• Uploading malicious software, viruses, or harmful files.
• Scraping or harvesting data from the platform without authorization.
• Using bots or automated tools to access the Services without authorization.
• Sending multiple, repetitive, or excessive messages that violate our spam policy.

User Feedback and Complaints Mechanism

If you believe your account has been unfairly suspended or that a message has been wrongly rejected, you may contact our support team for review. CallRed will investigate complaints related to content moderation, account suspension, or other issues.

Ethical Use

Users agree to refrain from impersonating other individuals or entities, attempting fraud, phishing, or spreading false information through our Services. Ethical use is required in all interactions.

Data Use for Analytics

CallRed may use anonymized, aggregated data from messages for internal analytics, AI training, or service improvements. We do not use personal data for marketing without consent.

Intellectual Property Protection

Users agree not to infringe on any business's intellectual property, including copyrights, trademarks, or proprietary information. Users are responsible for ensuring their messages respect these rights.

Third-Party Interaction Disclaimer

Our Services may include links to third-party websites. We are not responsible for the content, privacy policies, or terms of these third-party services. You access them at your own risk.

User Account Security

Users are responsible for maintaining the security of their accounts. You must notify CallRed immediately of any unauthorized access to your account. We are not liable for losses due to compromised credentials.

Consent to Communications

By using our Services, you consent to receive service-related communications, including notifications, updates, or account alerts. You may opt-out of promotional communications at any time.

Service Availability and Updates

CallRed strives to provide uninterrupted Services, but we do not guarantee constant availability. Features may be updated, added, or removed as part of regular service improvements.

Copyright Infringement and DMCA Compliance

If you believe your copyrighted material has been infringed, you may file a complaint under the Digital Millennium Copyright Act (DMCA). Contact us with a detailed takedown request.

Minors

The Services are intended for users who are at least 18 years of age. If minors access the platform, they must do so under the supervision of a legal guardian.

No Liability for Message Rejection or Account Action

CallRed is not liable for any damages, loss of data, or any other consequences that arise from the refusal to send messages, the deletion of messages, or the suspension or termination of accounts, including paid accounts. We provide our Services on an 'as-is' basis and reserve the right to take these actions at our sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless CallRed, its officers, employees, and partners from any claims, liabilities, damages, losses, and expenses, arising out of your use of the Services, breach of these Terms, or any message you send through the platform.

Third-Party Services

Our Services may integrate with third-party services (e.g., payment processors, messaging platforms). By using such services, you agree to comply with their terms of service, and CallRed is not liable for the actions or policies of these third parties.

Limitation of Liability

To the fullest extent permitted by law, CallRed will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, resulting from your use or inability to use the Services, even if we have been advised of the possibility of such damages. In no event will CallRed's total liability exceed the amount you have paid to use the Services (if applicable) or $1, whichever is greater.

Force Majeure

CallRed is not liable for any delay or failure to perform due to circumstances beyond our reasonable control, including but not limited to natural disasters, strikes, internet outages, or government actions.

Dispute Resolution

Any disputes arising out of or relating to these Terms or our Services will be resolved through binding arbitration, as governed by the rules of [Arbitration Body], with the exception of any claims related to intellectual property rights or violations. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any disputes arising out of these Terms shall be brought exclusively in the courts located within the Commonwealth of Massachusetts.

Changes to the Terms

We may modify these Terms at any time. If we make material changes, we will notify you by email or post a notice on our platform. By continuing to use the Services after the changes become effective, you agree to be bound by the revised Terms.

Contact Information

If you have any questions or concerns regarding these Terms, please contact us at support@callred.com.