Terms of Service

Last Updated: November 2025

Introduction

These Terms of Service ("Terms") govern your access to and use of OnCallio's Voice AI Agent services ("Service"). By accessing or using OnCallio, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

1. Definitions

  • "Customer" means the business or individual purchasing OnCallio services
  • "Service" means OnCallio's Voice AI Agent platform for handling inbound and outbound calls
  • "User" means any person accessing the Service on behalf of Customer
  • "Confidential Information" means proprietary information of either party
  • "Call Data" means recordings, transcripts, and metadata from calls handled by OnCallio

2. Eligibility & Account Registration

To use OnCallio, you must:

  • Be at least 18 years old
  • Have the legal authority to bind your business to these Terms
  • Provide accurate, complete, and current information
  • Maintain the confidentiality of your account credentials
  • Accept responsibility for all activities under your account

You agree to keep your account information current and notify us immediately of any unauthorized access.

3. Acceptable Use Policy

You agree not to use OnCallio Service for any unlawful purpose or in violation of these Terms. Specifically, you agree not to:

  • Use the Service for harassing, abusing, or threatening any person or entity
  • Violate any applicable laws, regulations, or third-party rights
  • Attempt to gain unauthorized access to the Service or its systems
  • Interfere with or disrupt the integrity or performance of the Service
  • Use the Service to make spam, phishing, or fraudulent calls
  • Violate telemarketing laws (TCPA, DNC registries, etc.)
  • Collect or attempt to collect personal information from other users
  • Use the Service for price gouging or unlawful commercial practices
  • Misrepresent your identity or the purpose of calls
  • Record calls without proper legal consent from all parties

4. Intellectual Property Rights

OnCallio's IP: OnCallio retains all right, title, and interest in the Service, including all technology, software, algorithms, and AI models.

Customer Content: You retain ownership of your Call Data and business information. You grant OnCallio a license to use this data solely to provide the Service.

AI Training: OnCallio may use aggregated, anonymized call data to train and improve our AI models. Individual customer data will be anonymized to prevent identification.

No License: Except as expressly stated, OnCallio does not grant you any license or right to OnCallio's intellectual property.

5. Confidentiality & Data Protection

CRITICAL: Both parties agree to maintain strict confidentiality regarding sensitive information exchanged in connection with this Service, including patient/customer information, business operations, and call content.

  • OnCallio maintains confidentiality of all Call Data except as required by law
  • Customer is responsible for obtaining necessary consents from callers
  • Customer agrees not to disclose OnCallio's proprietary technology or pricing
  • Both parties will protect Confidential Information using reasonable security measures

6. Service Availability & Warranties

Availability: OnCallio aims to maintain 99.5% uptime for the Service. However, we do not guarantee uninterrupted service and are not liable for service interruptions.

Disclaimer: OnCallio is provided "AS-IS" without warranties of any kind, express or implied. OnCallio does not warrant that the Service will meet your requirements or that it will be error-free.

AI Performance: While our AI agents are designed to handle calls professionally, we do not guarantee perfect call handling or customer satisfaction. You remain responsible for monitoring call quality.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONCALLIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ONCALLIO'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

8. Payment Terms

  • Payment is due as specified in your subscription agreement
  • All fees are exclusive of applicable taxes, which you will pay
  • OnCallio reserves the right to change pricing with 30 days' notice
  • Failure to pay may result in suspension or termination of Service
  • Refunds are not available except as required by law
  • All charges are non-refundable unless expressly stated

9. Telemarketing & Regulatory Compliance

Customer Responsibility: You are responsible for ensuring all use of OnCallio complies with applicable telemarketing laws including:

  • Telephone Consumer Protection Act (TCPA)
  • Do Not Call (DNC) registries and lists
  • State-specific telemarketing regulations
  • Industry-specific regulations (HIPAA for healthcare, etc.)
  • Call recording consent requirements

You agree to indemnify OnCallio for any violations of these regulations resulting from your use of the Service.

10. HIPAA & Healthcare Data

If you use OnCallio in a healthcare context, the following applies:

  • OnCallio will execute a Business Associate Agreement (BAA) as required by HIPAA
  • Protected Health Information (PHI) is handled according to HIPAA Security Rule
  • You represent that you have authority to share PHI with OnCallio
  • You are responsible for obtaining necessary patient consents
  • OnCallio will report any PHI breaches as required by law

11. Termination

Termination by Customer: You may terminate your subscription at any time with 30 days' notice. Fees paid are non-refundable.

Termination by OnCallio: OnCallio may terminate your account immediately if you violate these Terms or pose a risk to our Service or other customers.

Effect of Termination: Upon termination, your access to the Service will cease, and we will securely delete your Call Data according to our Data Retention Policy.

12. Indemnification

You agree to indemnify, defend, and hold harmless OnCallio and its officers, employees, and agents from any claims, damages, losses, and costs arising from:

  • Your use of the Service in violation of these Terms
  • Your violation of any law or regulation
  • Your infringement of third-party rights
  • Calls made using the Service in violation of telemarketing laws
  • Any claims by callers or third parties regarding your calls

13. Dispute Resolution

Governing Law: These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

Arbitration: Any dispute arising under these Terms shall be resolved by binding arbitration rather than litigation, except for claims relating to intellectual property or confidentiality.

Venue: If litigation is permitted, it shall take place in the state/country courts of [Your Jurisdiction].

14. Modifications to Terms

OnCallio may modify these Terms at any time. We will notify you of material changes by email or by updating the "Last Updated" date on this page. Your continued use of the Service after modifications constitutes your acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and OnCallio regarding the Service and supersede all prior agreements and understandings.

17. Contact Us

For questions about these Terms of Service, please contact us:

OnCallio Legal Team

Email: legal@oncallio.com

These Terms of Service are designed to be legally compliant and to clearly establish the rights and responsibilities of both OnCallio and our customers, particularly regarding data protection, confidentiality, and regulatory compliance for sensitive business information.

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