Last updated on June 1, 2021
Acceptance of Terms
Call Complete, Inc. (hereinafter “Call Complete”, “we” or “us”) is the owner and operator of CallComplete.com, upon which it runs a service called Call Complete. Call Complete services consist of one or more of the following: web-based interface phone and SMS communication services for answering and managing calls, scheduling on-call teams, tracking calls, improving customer service, and improving sales performance. Our application offers call tracking, SMS communication, call routing, call recording, call classification, call transcriptions, specific information about the caller, and carrier information of incoming phone calls (“Products” and “Services”). Call Complete is a subsidiary of HappyCo, Inc. (“HappyCo”).
We collect information on the callers that call you through the phone number(s) that you have purchased through Call Complete (or numbers you have requested be ported into Call Complete from another provider). This information includes the caller’s phone number, the name displayed on the Caller ID (when available), audio recordings, call records, transcriptions, SMS records, SMS message content, form submission content, website visitor activity, and other data that may be correlated through your company’s data sources (for example, pricing and availability data, when such permission is granted), and third party data services (collectively, “Service Data”). You agree that we and the service providers that we utilize to assist in providing the Service to you shall have the right to access your account and to use, reproduce, distribute, display and disclose Service Data to the extent necessary to develop, enhance, and provide the Service, including, without limitation, in response to your and your callers' support requests.
Fees and Payments
You agree to pay Call Complete the monthly subscription fees indicated for the service. Payments will be charged on the day you sign up for a service and will cover the use of that service for a monthly period as indicated. You agree to allow Call Complete, or our payment affiliates or service providers, to process and/or store your payment information. You also agree to pay the applicable fees for the Products and Services as they become due plus all related taxes, and to reimburse us, our payment affiliates and any service providers for all collection costs and interest for any overdue amounts. Setup fees are non-refundable.
Call Complete’s technology offers our clients the ability to record incoming telephone calls. When a calling party initiates a call to a tracking phone number, Call Complete will, at your discretion, create a digital audio recording of the telephone call. The laws regarding the notice and notification requirements of such recorded conversations vary by jurisdiction. You are responsible for applying the local laws in the relevant jurisdiction when using this feature. Call Complete provides the ability to play a customizable voice message at the beginning of each call to alert callers that the call will be recorded. If you choose to record telephone calls, you expressly agree and acknowledge that:
• You authorize Call Complete to make incoming call recordings on your behalf. You either:
- authorize Call Complete to play a voice message advising the caller that the call is being recorded prior to the call being connected to the party answering the call; OR
- make the necessary arrangements to ensure that the caller is provided with the necessary warning about the presence of any recordings made of a call in accordance with the law; you must notify your employee, contractor, officer, agent, authorized representative or other third party that their telephone conversation with a caller is being recorded by Call Complete,
Call Complete shall have no liability whatsoever in respect of any use made by you, your employee, contractor, officer, agent, authorized representative or other third party, of the recordings and its contents, and/or of any personal information.
Call Complete provides voicemail services and includes transcription services. In order to provide transcription services, Call Complete may leverage third-party transcription providers. If you wish to opt out of voicemail transcription services, please contact our support team at email@example.com with your request.
Call Complete makes available technology that offers our clients the ability to transcribe the conversation on incoming voicemail messages. When a calling party initiates a call to a tracking phone number, Call Complete will, at your discretion, create a digital audio recording of the telephone call, transcribe the call (potentially using a third-party provider), and display the transcription to the customer.
If your caller provides Call Complete with a mobile phone number or Call Complete is otherwise able to
obtain the mobile phone number of such caller, the Site may enable you to use SMS messaging to
communicate with such caller.
Trademarks and Service Marks
Call Complete, CallComplete.com, and all other trademarks, service marks, graphics and logos used in connection with CallComplete.com, or the Site are trademarks or registered trademarks of Call Complete. The domain name for this Site, all page headers, custom graphics, interactions, and button icons are service marks, trademarks, logos, and/or trade dress of Call Complete. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of their owners.
Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by us to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by us, or (vii) for any use other than the business purpose for which it was intended, is prohibited. In addition, you agree not to modify, translate, reverse engineer, decompile, disassemble this Site, or to create or attempt to create derivative works based on this Site or its Content, or assist any other person in performing such prohibited acts.
Right to Monitor
Reservation of Rights
Call Complete reserves the right in its sole discretion and at any time to modify or interrupt, temporarily or permanently, the Site or any subscription to the Site, in whole or in part, including, but not limited to, as Call Complete deems necessary for purposes of maintenance, upgrades and the like, to maintain the Site or to comply with applicable law. Call Complete shall not be liable to you or to any third party for any such modifications, interruptions or discontinuances of the Site or subscriptions to the Site and shall have no obligation to refund any fees paid pursuant to this Agreement.
Limited Warranty and Warranty Disclaimer
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to purchases of Products and Services, but are provided solely for general informational purposes. Should you purchase any product or service from Call Complete, the terms and conditions applicable to that transaction will govern such purchase, as applicable, and your use of this Site does not affect that purchase in any manner. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND CALL COMPLETE EXPRESSLY disclaims all warranties and conditions with respect to the SITE, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, and accuracy. CALL COMPLETE MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
In addition to the above warranty disclaimers, in no event shall (A) Call Complete be liable for any consequential, exemplary, special, OR incidental damages, including (but not limited to) any damages for lost profits, revenue, data, property damage, or other economic advantage, arising from or relating to your use of or the inability to use the Site, Products, or Services, EVEN IF CALL COMPLETE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) Call Complete’s total cumulative liability arising from or related to the Site or your use of the Products or Services, whether in contract or tort or otherwise, exceed the GREATER OF one hundred dollars ($100.00) or the purchase price or fees paid by you during the preceding one-month period to Call Complete, its subsidiaries or its affiliates in connection with the use of the Site or the Services. In no event shall Call Complete be liable for more than five hundred dollars ($500.00), EVEN IF any error, misprint, or non-functioning Site, Product, or Service is due in whole or part to an action or omission by an agent and/or employee of Call Complete.
Compliance with All Laws
Neither party shall be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
You may not assign or transfer this Agreement or any of its rights, duties or obligations hereunder, and this Agreement may not be involuntarily assigned or assigned by operation of law, without the prior written consent of Company, which consent may be granted or withheld by Company in its sole discretion. Any attempted assignment without such consent will be null and void.
Any assignment in accordance with this provision will be binding upon, and inure to the benefit of, each the parties and their respective legal successors and permitted assigns.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Governing Law; Jurisdiction; Venue; Severability of Provisions
Password Accounts, Passwords, and Security
When you open an account on this Site we will provide you with access to password protected portions of the Site and you must complete the registration process by providing us with current, complete and accurate information on the applicable registration form, which includes: (i) your name, (ii) contact information, (iii) your business name and mailing address (iiii) primary administrator information for the account, and (v) billing and related information, and choose a password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Call Complete of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Call Complete will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by Call Complete or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
You agree that Call Complete may reference you and your company as a client of Call Complete’s products and services in Call Complete’s advertising and marketing.
at firstname.lastname@example.org or write to us at Call Complete, Inc., c/o HappyCo, Inc., 1000 Van Ness
Avenue, San Francisco California 94109.