Terms of Service

Last updated: December 20, 2024

These Terms of Service ("Terms") govern your access to and use of the CallCast platform and services ("Services") provided by Crop2Cash Ltd ("Company," "we," "us," or "our"), a company registered in Nigeria.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy and Acceptable Use Policy. If you do not agree to these Terms, you may not use our Services.

1. Definitions

  • "Platform" means the CallCast AI voice agent technology, including all software, APIs, dashboards, and related infrastructure.
  • "Client" or "You" means the business entity or organization that registers for and uses the Services.
  • "End User" means any individual who receives or participates in calls initiated through the Platform by a Client.
  • "Campaign" means any calling activity configured and initiated by a Client using the Platform.
  • "Credits" means the prepaid units used to pay for call minutes on the Platform.

2. Eligibility and Account Registration

2.1 Business Use Only

The Services are available only to businesses and organizations. Individual consumer accounts are not permitted. You must be at least 18 years of age to create an account and use our Services.

2.2 Account Verification

To use the Services, you must complete our account verification process, which may include:

  • Providing valid business registration documents
  • Submitting identification documents for authorized representatives
  • Providing information about your intended use case
  • Additional verification requirements based on your industry or use case

We reserve the right to refuse registration or terminate accounts that fail verification or provide false information.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3. Services Description

3.1 Platform Provider

CallCast operates as a platform provider. We provide AI voice agent technology and infrastructure that enables you to create and manage automated voice calling campaigns. You are responsible for:

  • Configuring your own campaigns and AI agent scripts
  • Providing and managing your own contact lists
  • Ensuring compliance with all applicable laws and regulations
  • Obtaining necessary consents from End Users

3.2 Telecommunications

We integrate with licensed third-party telecommunications providers for call routing and phone number provisioning. CallCast is not a telecommunications carrier and does not provide telecommunications services directly.

4. Billing and Payment

4.1 Usage-Based Billing

The Services operate on a usage-based billing model:

  • Phone Numbers: Billed monthly for each phone number provisioned to your account
  • Call Minutes: Billed via prepaid Credits that are consumed as calls are made

4.2 Credits

Credits must be purchased in advance and are non-refundable. Credits do not expire. If your Credit balance reaches zero, you will not be able to initiate new calls until additional Credits are purchased.

4.3 Refund Policy

All purchases are final. We do not provide cash refunds. In exceptional circumstances, we may issue Credits to your account at our sole discretion.

4.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Services.

5. Acceptable Use

Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree to comply with all restrictions and requirements set forth in the Acceptable Use Policy.

6. Call Recording and Data

6.1 Call Recording

The Platform may record calls for quality assurance and your review. You are responsible for:

  • Configuring appropriate disclosure announcements at the start of calls
  • Complying with all applicable consent and disclosure laws in your jurisdiction and the jurisdiction of End Users
  • Obtaining all necessary consents before recording calls

6.2 Data Ownership

You retain ownership of all data you upload to or generate through the Platform, including contact lists, campaign configurations, and call recordings. We will not sell, share, or use your data for purposes other than providing the Services.

6.3 Data Security

We implement industry-standard security measures to protect your data, including encryption in transit and at rest. For more information, please see our Privacy Policy.

7. Client Responsibilities

You are solely responsible for:

  • The legality, accuracy, and appropriateness of all content used in your campaigns
  • Obtaining all necessary permissions and consents from End Users
  • Complying with all applicable laws, regulations, and industry standards, including but not limited to telemarketing laws, do-not-call regulations, and data protection laws
  • Ensuring your contact lists are lawfully obtained and that you have permission to contact the individuals on those lists
  • Maintaining appropriate do-not-call lists and honoring opt-out requests
  • All activities conducted through your account

8. Intellectual Property

8.1 Our Intellectual Property

The Platform, including all software, technology, designs, and documentation, is owned by us and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Platform solely for the purposes described in these Terms.

8.2 Your Content

You retain all rights to content you create or upload to the Platform. By using our Services, you grant us a limited license to process, store, and transmit your content solely to provide the Services.

9. Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.3 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to:

  • Your use of the Services
  • Your violation of these Terms or applicable laws
  • Your campaigns and calling activities
  • Any claims by End Users or third parties related to your use of the Platform
  • Your content or data uploaded to the Platform

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us. Upon termination, you will remain responsible for any outstanding fees.

11.2 Termination by Us

We may suspend or terminate your account immediately and without notice if:

  • You violate these Terms or our Acceptable Use Policy
  • Your use of the Services poses a security risk or may harm other users
  • We are required to do so by law
  • Your account has been inactive for an extended period

11.3 Effect of Termination

Upon termination, your right to use the Services will cease immediately. We will provide you with a reasonable opportunity to export your data. After a retention period, your data will be deleted from our systems. Unused Credits are non-refundable upon termination.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

12.2 Arbitration

Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration conducted in Ibadan, Nigeria. The arbitration shall be conducted in English and the decision of the arbitrator shall be final and binding.

12.3 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and the Company regarding the Services.

13.2 Severability

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

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

13.5 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or by email. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

14. Contact Information

For questions about these Terms or our Services, please contact us:

Crop2Cash Ltd

Almond Court, Ikolaba GRA

Ibadan, Nigeria

Email: [email protected]