Effective Date: November 30, 2025

These Terms of Service ("Terms") form a legally binding agreement between you ("you," "Subscriber," or "your") and OfferAxis, LLC, a Florida limited liability company doing business as ("dba") CallVanta, with its principal place of business at 7901 4th St N Ste 300, St. Petersburg, FL 33702 (phone: 954-546-1396) ("CallVanta," "we," "us," or "our"). By accessing or using our website at callvanta.com (the "Site"), AI receptionist services, dashboard, mobile applications, APIs, or any related tools (collectively, the "Services"), you agree to these Terms. If you do not agree, you must not use the Services.

These Terms incorporate by reference our Privacy Policy. The Services are available only to businesses and individuals in the United States (all 50 states and the District of Columbia) who are at least 18 years old. We do not process protected health information (PHI) under HIPAA, so no Business Associate Agreement is required. For data processing details, refer to our Privacy Policy.

Key Highlights:

These Terms include a class action waiver and mandatory arbitration (see Sections 14 and 15).

AI outputs may contain errors, biases, or inaccuracies—always review and do not rely on them for high-stakes decisions (e.g., medical, legal, financial).

We strive to comply with applicable laws (e.g., TCPA for SMS and AI calls), but we do not provide legal advice. You are ultimately responsible for your compliance, including obtaining caller consents. Consult your own legal counsel.

Questions? Contact us at support@callvanta.com or 954-546-1396.

1. Eligibility and Acceptance

To use the Services, you represent and warrant that you:

Are at least 18 years old and have the legal capacity to enter into these Terms.

Reside and operate in the United States (all 50 states and DC).

If subscribing on behalf of a business, have the authority to bind that entity.

Are not a prohibited person under U.S. export controls or sanctions.

Have not been previously suspended or terminated by us for violations.

By creating an account, subscribing, or using the Services, you confirm these representations and accept these Terms, including any updates (see Section 12). Minors under 16 are prohibited from interacting with our AI Receptionist.

2. Description of Services

CallVanta provides AI-powered virtual receptionist services to help businesses manage inbound calls, schedule appointments, screen leads, and drive growth. As part of our white-glove onboarding, our team handles all setup, including customizing AI scripts, integrating with your systems (e.g., calendars, CRM like GoHighLevel (GHL), or electronic health records (EHR) where applicable for non-PHI use), and initial testing. Key features include:

AI Receptionist: 24/7 automated call answering using natural language AI to greet callers, answer FAQs, take messages, screen spam, and book appointments via integrated calendars (e.g., Google Calendar, Outlook).

AI Chatbots: Web-based chat support for your site, handling inquiries, lead capture, and basic interactions (integrated via GHL or similar).

Dashboard and Mobile App: Web and mobile tools to review call transcripts, recordings, analytics, and collaborate on script adjustments.

SMS and Integrations: Transactional/promotional SMS (with opt-in tools) and API connections to your CRM (e.g., Salesforce, HubSpot, GHL) or other systems like EHR for scheduling (non-PHI only).

Administrative Tools: At your direction, the AI may access your systems to complete tasks like form intake or payment processing (via your third-party processor).

Service Limits and "As-Is" Nature:

Services aim for 99% uptime but are provided "as is" without guarantees of availability, accuracy, or error-free performance. Scheduled maintenance may cause downtime.

AI-Specific Disclosures (Compliant with CA AI Transparency Act, effective Jan. 1, 2026): Our AI uses generative models trained on de-identified datasets. Outputs may include hallucinations, biases, or inaccuracies. We disclose AI use in all interactions and provide tools to detect AI-generated content. Do not use for consequential decisions without human review. Per CO AI Act (effective Feb. 1, 2026), we mitigate algorithmic discrimination risks through bias audits.

Call Recordings and Transcripts: All calls are recorded for quality, training, and compliance. You own recordings/transcripts but grant us rights to use anonymized versions for AI improvement (see Section 4). You must review and approve scripts/notices; we provide templates, but you bear full responsibility for caller consent, complying with federal (e.g., one-party consent) and state wiretapping laws.

SMS Features: Limited to transactional use unless you obtain express written consent per TCPA (FCC updates, 2024-2026). We log opt-ins/opt-outs and include required disclosures; you maintain records and handle suppressions. No autodialed marketing without prior express consent.

Prohibitions: Services cannot process sensitive data (e.g., PHI under HIPAA). No use for illegal activities, harassment, or discrimination. Geographic restriction: U.S.-only.

3. Registration, Account Security, and Your Responsibilities

Account Creation: To subscribe, provide accurate info (email, phone, business details) via the Site. You consent to communications via these channels.

Keep your account secure; you're responsible for all activity. Notify us immediately of breaches at support@callvanta.com.

We may verify identity and monitor usage for compliance.

Accounts inactive for 90 days may be suspended; phone numbers assigned to you may be reclaimed if not ported post-termination.

Your Obligations:

Comply with all laws, including TCPA (AI voices require consent for outbound calls; we disclose AI use per FCC rules), CAN-SPAM, CCPA/CPRA (effective updates 2026), and state AI acts (e.g., disclosure of AI use). We make reasonable efforts to support your compliance (e.g., built-in disclosures and opt-out tools) but offer no legal advice—the responsibility lies with you as the business owner. Your EHR or other tools may provide additional coverage, but verify independently.

Ensure Your Data (see Section 4) is accurate, non-infringing, and consented.

Use Services only for lawful business purposes; no reverse-engineering, scraping, or unauthorized access.

For integrations, provide secure credentials; you release us from liability for access-related issues.

Violations may result in suspension/termination without refund.

4. Your Content, Data, and AI Usage

Your Data: You provide business info (e.g., website content, CRM access) for us to customize the AI during onboarding ("Your Data"). You retain ownership but grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable license to:

Use, process, store, and transmit Your Data to provide/improve Services.

Train/enhance AI models (using de-identified/aggregated data only; no re-identification).

Generate anonymized insights for internal use or aggregated benchmarking (no selling).

Per 2026 CCPA updates (effective Jan. 1, 2026), we conduct risk assessments for automated decision-making tech (ADMT) and provide opt-out rights for profiling. You must disclose AI use to callers/end-users per CA/CO AI Acts. Our team and you will jointly review and audit scripts, inputs, and outputs for accuracy during setup and ongoing; ultimate responsibility for content accuracy and legality rests with you.

AI Inputs/Outputs:

Inputs: Data/scripts we customize based on your input; you warrant they comply with laws and do not infringe rights once reviewed.

Outputs: AI-generated responses (e.g., transcripts, bookings). You own Outputs but must review for accuracy. We disclaim liability for errors, biases, or harms (e.g., discriminatory outputs). Per best practices, do not automate high-stakes decisions without oversight.

Prohibited: Inputs/Outputs involving illegal/harmful content, deepfakes, or discrimination. We may delete violating content and terminate accounts.

Data Deletion: Request deletion via support@callvanta.com; we comply within 45 days per CCPA, retaining only as required by law (e.g., backups for 30 days).

5. Subscriptions, Payments, and Billing

Services are subscription-based, auto-renewing monthly or annually. Current pricing and plan details (as shown on callvanta.com) are incorporated here by reference:

Monthly
Essentials: $797 / month
Professional: $1,197 / month
Enterprise: $1,597 / month

Annual (paid upfront)
Essentials: $8,129 / year (save $1,435)
Professional: $12,209 / year (save $2,155)
Enterprise: $16,289 / year (save $2,875)

All plans include:
Risk-Free 14-Day Trial + 30-Day Money-Back Guarantee
Cancel anytime by email
One-Time Setup Fee: $1,497 (waived on annual billing)

Billing Terms:
Charged via Stripe or QuickBooks Payments; provide valid payment info.
Upgrades prorate immediately; downgrades effective next cycle.
Overages: $0.15–$0.29 per minute (tiered by plan).
Late payments: 1.5% monthly interest + $15 fee; suspension after 10 days. You pay collection costs.
Taxes: You pay all sales/use taxes. We may adjust prices with 30 days’ notice (email/Site).
To cancel, email support@callvanta.com (effective end of cycle). Non-payment = termination.

6. Intellectual Property Rights

Our IP: We own/retain all rights to the Services, AI models, Site, trademarks, and derivatives. You get a limited, revocable, non-sublicensable license to use per your plan. No reverse-engineering, decompiling, or copying. Feedback you provide grants us perpetual rights to use without compensation.

Your IP: You own Your Data and Outputs. We claim no ownership but get the licenses in Section 4. You warrant Your Data doesn’t infringe third-party rights; indemnify us for claims.

7. Confidentiality and Data Security

Confidential Information: You agree to protect our non-public info (e.g., pricing, API keys). We protect Your Data per Privacy Policy, using reasonable security (encryption, audits per 2026 CCPA rules). Breaches reported within 48 hours.

Your Access: We grant no rights to our source code or training data summaries (disclosed per CA AB 2013).

8. Warranties, Disclaimers, and AI-Specific Risks

Our Limited Warranty: Services will materially conform to descriptions for your subscription term. Remedy: refund unused fees.

Disclaimers: EXCEPT AS EXPRESSLY STATED, SERVICES ARE "AS IS" WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR NON-INFRINGEMENT. NO GUARANTEE OF ACCURACY, UNINTERRUPTED ACCESS, OR RESULTS. AI MAY PRODUCE BIASED/INACCURATE OUTPUTS; WE DISCLAIM LIABILITY FOR AI ERRORS, THIRD-PARTY CLAIMS, OR CALLER INTERACTIONS.

Your Warranties: You ensure compliance with laws and that Your Data is lawful/accurate.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING 2026 STATE AI ACTS), OUR TOTAL LIABILITY IS LIMITED TO FEES PAID IN THE PRIOR 12 MONTHS (MIN. $100). NO INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES (E.G., LOST PROFITS, DATA LOSS), EVEN IF ADVISED OF POSSIBILITY.

10. Indemnification

You indemnify us against claims arising from Your Data, misuse of Services, or non-compliance (e.g., TCPA violations, IP infringement). We indemnify for our IP claims (up to fees paid). Mutual cooperation required.

11. Termination and Suspension

By You: Cancel by emailing support@callvanta.com; effective end of term.
By Us: Immediate for violations/non-payment; notice for other reasons.
Effects: Pay outstanding fees; access ends; we delete Your Data within 45 days (backups retained 30 days). No refunds. Surviving sections: 4–10, 12–16.

12. Changes to Terms

We may update Terms with 30 days’ notice (email/Site). Continued use = acceptance. Material changes (e.g., arbitration) allow opt-out within 30 days (email support@callvanta.com); opt-out ends access.

13. Governing Law and Venue

Florida law governs (without conflicts principles). Exclusive venue: state or federal courts in Pinellas County, Florid

14. Class Action Waiver

You waive class actions/arbitrations; disputes individual only.

15. Arbitration

Binding arbitration under AAA rules (Pinellas County, Florida situs, one arbitrator). No jury; limited discovery. Fees: We pay excess over filing fee. Opt-out: Email support@callvanta.com within 30 days of acceptance.

16. Miscellaneous

Entire Agreement: These Terms are the full agreement; supersedes priors.
Notices: Any notices to us must be sent to support@callvanta.com or the address above and are effective upon receipt.
Severability/Waiver: Invalid provisions severed; no waiver unless written.
Force Majeure: Excused for uncontrollable events.
Assignment: We may assign; you need consent.