Legal

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.

These Terms of Use ("Terms of Use") apply to your use of the Site, located at https://www.callcomplete.com and also shall apply to the web application located at https://portal.callcomplete.com, and mobile application. For the purposes of these Terms of Use, the term Site shall include reference to the mobile application and both shall collectively be referred to as the (“Site”). The Site contains text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, and other content, as well as available features or services discussed, referenced, provided or offered through or on the Site (collectively with all information and material about Call Complete and its Products and Services, “Content”). The Site is intended for use only by users who are at least 18 years of age.

Your access to and use of this Site are subject to these Terms of Use, as well as all applicable laws and regulations. Only entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law are permitted to use the Site and/or establish a Site account where applicable. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Site or any information or Content contained on this Site. Your access to and use of this Site constitutes your acceptance of and agreement to abide by these Terms of Use.

These Terms of Use may be changed, modified, supplemented or updated by us from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use this Site after such changes are posted. Unless otherwise indicated, any new Content added to this Site will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Site and these Terms of Use periodically for updates and changes.

Please contact us using the information at the bottom of this page if you have any questions or would like additional information regarding these Terms of Use.

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 Recording

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.

Voicemail Services

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 info@callcomplete.com with your request.

Call Transcriptions

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.

SMS Messaging

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.

Prohibited Use

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

Call Complete neither actively monitors general use of this Site under normal circumstances nor exercises editorial control over the content of any third party’s site, email transmission, news group, or other material created or accessible over or through this Site. However, Call Complete does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in our sole discretion, may be illegal, may subject Call Complete to liability, may violate these Terms of Use, or are, in the sole discretion of Call Complete, inconsistent with Call Complete’s purpose for this Site.

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.

Our Privacy Policy describes Call Complete’s information practices and procedures for personal information we collect at this Site. We strongly urge you to read our Privacy Policy.

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

You represent and warrant that your use of the Site and the Services will be in accordance with our Privacy Policy, with these Terms of Use, with any other applicable laws and regulations, including without limitation any local laws or regulations in your country, province, state, city, or other governmental area, regarding the Services, online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States, Canada or the country in which you reside, and with any other applicable policy or terms and conditions. You further represent and warrant that your collection and use of your customer’s personally identifiable information or technical data shall be in compliance with all applicable federal, provincial, state, and local laws, rules, and regulations as the same may be amended or supplemented from time to time, pertaining in any way to the privacy, confidentiality, security, management, disclosure, reporting, and any other obligations related to the possession or use of any of your customer’s personally identifiable information or technical data; including but not limited to the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”); and the Telephone Consumer Protection Act (“TCPA”) Personal Information Protection and Electronic Documents Act (“PIPEDA”), the Canadian Anti Spam Law commonly referred to as (“CASL”)(collectively “Privacy Laws and Regulations”). Failure to comply with Privacy Laws and Regulations may result in the immediate suspension and/or termination of your account, as well as civil and/or criminal liability.

Indemnification

You agree to defend, indemnify and hold harmless Call Complete, its members, affiliates and/or partners, and its and their respective officers, directors, partners, shareholders agents, licensees and employees (cumulatively “Call Complete Indemnitees”) from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the Site, the Products or Services or Content, your breach of the Terms of Use as stated herein or as modified from time to time is Call Complete’s sole discretion, your inability to access the Site, the use of any linked sites, your reliance on any errors or omissions on the Site, or the propagation and/or contraction of any computer virus in connection with your use of the Site and/or the Content.

Force Majeure

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.

Assignment

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.

Notwithstanding the foregoing, Call Complete has the right to assign or transfer these Terms of Use and any rights, duties, or obligations hereunder (which assignment or transfer may include all assignment or transfer of all underlying Products, Services, Service Data, performance obligations, and any other rights or obligations applicable to Call Complete under these Terms of Use or our Privacy Policy) to any entity: (1) that owns more than fifty percent (50%) of Call Complete’s issued and outstanding voting securities, (2) in which Call Complete owns more than fifty percent (50%) of the issued and outstanding voting securities, (3) that acquires all or substantially all of Call Complete's operating assets, or (4) into which Call Complete is merged or reorganized pursuant to any plan of merger or reorganization. Notice of assignment to you is not required for such assignment to be effective.

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.

Notices

Any notices to you from Call Complete regarding the Site or these Terms of Use will be posted on this Site or made by e-mail or regular mail.

Electronic Communications

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.

You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

Entire Agreement

These Terms of Use, the Privacy Policy, and Other Terms or policies we may post on this Site constitute the entire agreement between us and you in connection with your use of this Site and the Content and supersedes any prior agreements between us and you regarding use of this Site, including prior versions of these Terms of Use.

Governing Law; Jurisdiction; Venue; Severability of Provisions

The Terms of Use are governed by the laws of the State of California, USA and controlling United States Federal law without regard to any conflicts of law provisions. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a portion of these Terms of Use as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of state or federal courts located in San Francisco County, the State of California, and you hereby consent and submit to the personal jurisdiction of such courts

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.

Publicity

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.

Remedies

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

If you have any questions about these Terms of Use or would like to learn more about us, please email us

at info@callcomplete.com or write to us at Call Complete, Inc., c/o HappyCo, Inc., 1000 Van Ness
Avenue, San Francisco California 94109.

We're a HappyCo Company