CallSetter.ai Terms of Service

Last Updated: March 19, 2026

These Terms of Service (“Terms”) are a legally binding agreement between you (“Client,” “you,” “your”) and CallSetter AI (“Company,” “we,” “us,” “our”). By using our services, submitting the onboarding form, or checking “I agree,” you accept these Terms in full.

1. Nature of Services

CallSetter AI provides AI-powered voice agent technology, communication automation, appointment-setting tools, integrations, and analytics (“Services”). The Services include automated or AI-assisted communications via phone calls, SMS/MMS messages, and email.

CallSetter AI is a technology platform. We are not a call center, marketing agency, lead provider, legal advisor, compliance consultant, or telemarketer. We provide AI voice technology that you direct and control. You decide who to call, when to call, and what your AI agent says.

2. Consent to Communications

By submitting information to CallSetter AI, you consent to receive communications via phone (including automated, prerecorded, or AI-generated voice), SMS/MMS, email, and other electronic methods. Communications may be delivered using automated technology. Consent is not required as a condition of purchase. Reply STOP to opt out of SMS at any time.

3. TCPA Compliance and Client Responsibility

This is the most important section of these Terms. Read it carefully.

3.1 Your Obligation

You represent and warrant that ALL leads, phone numbers, and contact information you provide to CallSetter AI have been obtained in full compliance with the Telephone Consumer Protection Act (“TCPA”), the Telemarketing Sales Rule (“TSR”), CAN-SPAM Act, FCC regulations, and all applicable state telemarketing and privacy laws.

3.2 Prior Express Written Consent Required

You represent and warrant that you have obtained valid prior express written consent (“PEWC”) from every individual contacted through the CallSetter AI platform. This consent must:

  • Clearly and conspicuously disclose that the individual agrees to receive automated, AI-generated, or prerecorded voice calls and/or text messages
  • Identify you (the Client) by name as the entity that will be calling
  • Include the individual’s telephone number
  • Include the individual’s signature (electronic signatures, checkbox with click, or typed name are acceptable)
  • State that consent is not a condition of purchase
  • Comply with the FCC’s one-to-one consent requirement (consent must be specific to your company, not shared across multiple sellers)

3.3 What CallSetter AI Does NOT Do

CallSetter AI does not source leads, verify consent, audit opt-in language, validate lead lists, or provide compliance consulting. We do not review or approve your lead acquisition methods. Compliance responsibility rests solely and entirely with you.

3.4 Do-Not-Call Compliance

You are responsible for scrubbing all call lists against the National Do-Not-Call Registry no less frequently than every 31 days before initiating any outbound calls. You must also maintain and enforce your own internal Do-Not-Call list. You must honor all opt-out requests received during AI calls immediately and add those numbers to your internal DNC list within 24 hours.

3.5 Calling Hours

You may only initiate calls through the platform between 8:00 AM and 9:00 PM in the recipient’s local time zone, unless a stricter state law applies.

3.6 Call Recording and AI Disclosure

You acknowledge that calls made through the platform may be recorded. You are solely responsible for complying with all federal and state call recording consent laws, including two-party consent states (California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington). You agree that all AI agent scripts will include a disclosure that the call may be recorded and that the caller is an AI assistant.

3.7 Consent Record Retention

You must maintain complete records of consent for all contacts called through CallSetter AI, including the timestamp of consent, the source of consent (URL, form, text), the exact disclosure language shown, and the telephone number consented. You must retain these records for no less than five (5) years and provide them to CallSetter AI within 48 hours upon request.

4. Prohibited Use

You may not use the Services to:

  • Contact any individual without valid prior express written consent
  • Use scraped, purchased, rented, or non-consensual lead lists
  • Circumvent or interfere with opt-out, Do-Not-Call, or consent revocation mechanisms
  • Spoof, falsify, or misrepresent caller ID information
  • Represent an AI agent as a human being when directly asked
  • Engage in deceptive, abusive, harassing, threatening, or unlawful conduct
  • Violate any federal, state, or local law governing automated calls, telemarketing, or consumer communications
  • Expose CallSetter AI to legal, regulatory, or reputational risk

Violations result in immediate suspension or termination of your account without refund.

5. Booked Appointment Guarantee

“Increase Your Booked Appointments Within 30 Days or You Don’t Pay,” subject to the conditions below.

5.1 Guarantee Start Date

The 30-day guarantee period begins when the AI agent is operating in production (actively contacting leads, integrations complete, calendars connected). Onboarding and testing time is excluded.

5.2 Baseline Definition

Baseline equals your average performance during the 30 days before agent launch, based on verifiable historical data. If no reliable baseline exists, the Company will determine a reasonable baseline at its discretion.

5.3 Lead Volume Normalization

Lead volume during the guarantee period must be reasonably comparable to the baseline period. A volume reduction exceeding 20% voids the guarantee. If volumes differ, performance is evaluated by booked appointment percentage (booked appointments divided by total leads contacted).

5.4 Eligibility Requirements

To qualify for the guarantee, you must: complete onboarding promptly; provide sufficient, compliant, opted-in leads; maintain active and available calendars; allow the agent to operate without restrictions; use the Services continuously throughout the guarantee period; provide access to call and booking data; and submit a written guarantee request within five (5) business days after the guarantee period ends. Failure on any requirement voids eligibility.

5.5 Exclusions

The guarantee excludes results affected by insufficient or reduced lead volume, poor lead quality, calendar unavailability, pricing or offer changes, traffic fluctuations, or external factors outside CallSetter AI’s control. This guarantee does not promise revenue, profit, close rate, or business success.

5.6 Sole Remedy

If you qualify, your sole remedy is a waiver or refund of service fees paid for the applicable guarantee period. No additional compensation, damages, credits, or penalties are available under this guarantee.

6. Indemnification

You agree to fully indemnify, defend, and hold harmless CallSetter AI, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, fines, penalties, investigations, inquiries, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • (a) Your use or misuse of the Services
  • (b) Your violation of these Terms
  • (c) Your violation of any applicable law or regulation, including but not limited to the TCPA, TSR, CAN-SPAM, FCC regulations, state mini-TCPA statutes (including the Florida Telephone Solicitation Act), and state telemarketing and recording consent laws
  • (d) Any claims by individuals alleging they were contacted without proper consent through the Services
  • (e) Any class action, regulatory investigation, or government enforcement action related to your calling activities
  • (f) Your violation of any third-party rights

This indemnification obligation is not subject to the Limitation of Liability cap in Section 7 and survives termination of these Terms.

7. Limitation of Liability

EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 6, IN NO EVENT SHALL CALLSETTER AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO REGULATORY FINES, TCPA PENALTIES, CLASS ACTION SETTLEMENTS, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICES.

CALLSETTER AI’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO CALLSETTER AI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. No Warranties

Except for the limited guarantee in Section 5, the Services are provided “AS IS” and “AS AVAILABLE.” All other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed.

CallSetter AI does not guarantee compliance with any specific law or regulation. You are solely responsible for determining and ensuring compliance with all applicable federal, state, and local laws governing automated calls, telemarketing, and consumer communications. CallSetter AI does not warrant that AI agent outputs will be accurate, complete, or free from error.

9. Audit and Cooperation Rights

CallSetter AI reserves the right to request and review your consent records, lead sources, and compliance documentation at any time. You agree to provide requested documentation within 48 hours. If you cannot provide consent records upon request, CallSetter AI may immediately suspend your account.

You agree to cooperate fully with any regulatory inquiry, legal proceeding, or investigation related to calls made through the platform. You will promptly notify CallSetter AI of any complaint, demand letter, regulatory inquiry, or legal action related to calls made through the Services.

10. Suspension and Termination

CallSetter AI may suspend or terminate your access immediately and without notice if: (a) your use violates these Terms or any applicable law; (b) your campaigns generate an unusually high rate of complaints or opt-out requests; (c) CallSetter AI receives a complaint, demand, or inquiry from any regulatory body related to your use; (d) CallSetter AI reasonably believes your use creates legal, regulatory, or reputational risk. No refunds are issued for terminations due to cause.

Either party may terminate for convenience with 30 days written notice.

11. Dispute Resolution

11.1 Good Faith Negotiation

Before initiating any legal proceeding, the parties agree to attempt to resolve any dispute through good faith negotiation for a period of 60 days from written notice of the dispute.

11.2 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against CallSetter AI.

11.3 Jury Trial Waiver

BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL in any action, proceeding, or counterclaim arising out of or related to these Terms or the Services.

11.4 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any legal action shall be brought exclusively in the state or federal courts located in Delaware.

12. Data and Privacy

CallSetter AI processes call recordings, voice data, contact information, and usage data to provide the Services. Our collection and use of personal data is described in our Privacy Policy.

You are responsible for ensuring that your use of the Services complies with all applicable data protection laws, including the California Consumer Privacy Act (CCPA/CPRA) and any applicable state privacy laws.

13. SMS Communications

By submitting phone numbers, you agree to receive SMS and calls regarding inquiries, confirmations, reminders, and notifications. Message frequency varies. Message and data rates may apply. Reply STOP to opt out. Reply HELP for help. Carriers are not liable for delayed or undelivered messages.

14. Age Restriction

You must be 18 years or older to use the Services or submit information to CallSetter AI.

15. Entire Agreement

These Terms, together with the Privacy Policy and any onboarding attestations you submit, constitute the entire agreement between you and CallSetter AI. If any provision is found unenforceable, the remaining provisions remain in full force.

16. Contact

Questions about these Terms: support@callsetter.ai