Terms of Service

1. Who we are

The Call Guy ("we", "us", "our") is a software-as-a-service platform operated by Cohen Bell, headquartered in Calgary, Alberta, Canada. We provide ringless voicemail delivery tooling, voice cloning, and campaign management to dealerships and other business customers (each a "Subscriber" or "you"). The platform is accessible at the-call-guy.vercel.app and successor domains.

2. Acceptance

By creating an account, signing in, or sending a ringless voicemail through the platform, you accept these Terms on behalf of yourself and the entity you represent. If you do not accept these Terms, do not use the platform.

3. The service

We provide a hosted dashboard, API, and pipeline that lets Subscribers upload contacts, attest consent, record or select voices, compose voicemail scripts, schedule campaigns, and deliver ringless voicemails via downstream carriers (currently Slybroadcast). We are a tooling provider only — we do not author your messages, validate your consent records, or operate as a calling agent on your behalf.

4. Compliance — your responsibility

Ringless voicemail is a regulated activity. By using the platform, you warrant that:

• You hold prior express written consent (TCPA, 47 U.S.C. § 227 and 47 C.F.R. § 64.1200) for every US wireless number you upload and prior express consent for every US residential landline.
• You hold express or implied consent under CASL (S.C. 2010, c. 23) for every Canadian recipient, and your voicemail scripts include functional opt-out instructions.
• You will not transmit drops outside 8 a.m. to 9 p.m. in the recipient's local time zone (the platform enforces this automatically; bypassing the gate is a Terms violation).
• You honor opt-out and unsubscribe requests within 10 business days of receipt and refresh suppression lists against the National Do Not Call Registry at least every 31 days. The platform performs federal-DNC scrubbing on your behalf but does not replace your own diligence.
• You will not use the platform to send messages that are unlawful, deceptive, harassing, defamatory, or that promote illegal goods or services.

5. Account roles

Workspace administrators may invite additional users with reduced permissions. The account holder of record is responsible for all activity that occurs within the workspace, regardless of which user initiated it.

6. Credits and billing

The platform is paid via prepaid credit packs purchased through Stripe Checkout. Each ringless voicemail debits one credit from your workspace balance at the per-drop price locked in at purchase time. Credits do not expire but are non-refundable except where required by applicable consumer-protection law. Credit purchases are final at the moment Stripe confirms payment.

7. Voice clones

If you upload a voice sample for cloning, you warrant that the speaker has given informed written consent to have their voice cloned and used in commercial voicemail campaigns. You will retain the signed consent document for at least seven years and produce it on our request within five business days. We may refuse or remove any voice clone where consent cannot be substantiated.

8. Suspension and termination

We may suspend or terminate your workspace, with or without notice, if we reasonably believe you are violating these Terms, applicable law, or the downstream carrier's acceptable-use policy; if your account is flagged for high complaint rates or carrier-reported spam labeling; or if your payment method fails. On termination, your data is retained for 90 days and then permanently deleted unless legal hold applies.

9. Indemnification

You will defend, indemnify, and hold harmless The Call Guy, Cohen Bell, and our service providers from any claim, demand, fine, settlement, or legal expense (including reasonable attorneys' fees) arising from: (a) your breach of these Terms; (b) any TCPA, CASL, CRTC, FCC, or equivalent regulatory action triggered by drops you sent through the platform; (c) any third-party claim relating to a voice clone, contact list, or message you supplied; or (d) your gross negligence or willful misconduct.

10. Disclaimers and limitation of liability

The platform is provided "AS IS" and "AS AVAILABLE". We disclaim all implied warranties to the maximum extent permitted by law, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee deliverability rates, carrier acceptance, or regulatory outcomes.

Our aggregate liability arising out of or relating to these Terms or the platform is limited to the lesser of (a) the amounts you paid to us in the twelve months preceding the claim, or (b) USD $1,000. We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or regulatory penalties incurred by you.

11. Governing law and disputes

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The parties consent to the exclusive jurisdiction of the courts located in Calgary, Alberta for any dispute not subject to binding arbitration. Either party may elect to resolve a dispute by binding arbitration under the rules of the ADR Institute of Canada, seated in Calgary.

12. Changes

We may revise these Terms at any time. Material changes will be posted on this page and notified by email to workspace administrators at least 14 days before they take effect. Continued use after the effective date of a revision constitutes acceptance.

13. Contact

Questions about these Terms: cohenbell23@gmail.com.