Terms of Service

1. Services Description

Callnovo provides business process outsourcing (BPO) services, including but not limited to:

• Multilingual customer service and support
• AI-powered customer engagement solutions
• Technical support and help desk services
• Back office processing and operations
• Quality assurance and performance management
• Omnichannel contact center technology (HeroDash platform)

The specific services, scope, and terms of delivery will be outlined in a separate Service Agreement or Statement of Work ("SOW") between Callnovo and the Client.

2. Account Registration and Use

To access certain features of our services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for an extended period.

3. User Obligations

When using our services, you agree to:

• Comply with all applicable laws, regulations, and industry standards
• Provide timely and accurate information necessary for service delivery
• Not use our services for any unlawful, fraudulent, or harmful purpose
• Not attempt to gain unauthorized access to our systems or data
• Not interfere with or disrupt the operation of our services
• Respect the intellectual property rights of Callnovo and third parties
• Cooperate with us in good faith to resolve any issues that may arise

4. Payment Terms

Payment terms will be specified in the applicable Service Agreement or SOW. General payment conditions include:

• Fees are billed in accordance with the agreed-upon pricing schedule
• Payments are due within the timeframe specified in the invoice (typically net 30 days)
• Late payments may incur interest charges as outlined in the Service Agreement
• All fees are exclusive of applicable taxes, which are the responsibility of the Client
• We reserve the right to suspend services for accounts with overdue payments

5. Intellectual Property

All content, technology, trademarks, logos, and materials on our website and within our services are the property of Callnovo or its licensors and are protected by intellectual property laws.

You may not copy, reproduce, distribute, modify, or create derivative works from any of our intellectual property without prior written consent. Any custom solutions, tools, or processes developed by Callnovo during service delivery remain the intellectual property of Callnovo, unless otherwise agreed in writing.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the business relationship. This includes, but is not limited to:

• Business strategies, processes, and operations data
• Customer data and personally identifiable information
• Technical specifications and system configurations
• Pricing, financial information, and contract terms

Confidentiality obligations survive the termination of these Terms and any related Service Agreement.

7. Data Protection

Callnovo is committed to protecting the data entrusted to us. We comply with applicable data protection regulations, including GDPR, and implement appropriate technical and organizational measures to safeguard personal data. For detailed information about our data practices, please refer to our Privacy Policy.

8. Service Level Commitments

Specific service levels, including uptime guarantees, response times, and quality metrics, will be defined in the applicable Service Agreement or SOW. We strive to maintain the highest standards of service delivery and will work with you to resolve any service-related issues promptly.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• Callnovo shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services
• Our total aggregate liability for any claims arising from or related to these Terms or our services shall not exceed the total fees paid by you to Callnovo in the twelve (12) months preceding the claim
• We are not liable for any loss or damage resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, telecommunications failures, or government actions

These limitations apply regardless of the theory of liability, whether based on contract, tort, negligence, strict liability, or any other legal theory.

10. Indemnification

You agree to indemnify, defend, and hold harmless Callnovo, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising from:

• Your use of our services in violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party rights
• Any content or data you provide to us in connection with the services

11. Term and Termination

These Terms remain in effect as long as you use our services. Either party may terminate the service relationship in accordance with the terms specified in the applicable Service Agreement.

Upon termination:

• All rights granted to you under these Terms will immediately cease
• You must pay all outstanding fees for services rendered
• We will return or delete your data in accordance with our data retention policies and applicable law
• Provisions regarding intellectual property, confidentiality, limitation of liability, and indemnification survive termination

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after such modifications constitutes your acceptance of the revised Terms.

For Clients with existing Service Agreements, modifications to the Terms will not override the specific provisions of the Service Agreement.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any disputes arising from or related to these Terms shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, unless otherwise agreed in the applicable Service Agreement.

14. General Provisions

• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: The failure to exercise any right under these Terms does not constitute a waiver of that right.
• Entire Agreement: These Terms, together with any applicable Service Agreement, constitute the entire agreement between the parties regarding the subject matter herein.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.
• Force Majeure: Neither party shall be liable for failure to perform due to causes beyond their reasonable control.

15. Contact Us

If you have questions about these Terms of Service, please contact us: