Terms of Service

Last updated: 10 June 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you") and Kalimba AI Reception ("Kalimba", "we", "our") governing your access to and use of the Kalimba websites, web application, phone numbers, widgets, APIs, and any related services (collectively, the "Services"). By creating an account, clicking “I agree,” or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.

2. Eligibility & Accounts

You must be at least 18 years old and have the authority to bind the company or organization you represent.
You agree to provide accurate, complete registration information and to keep it current.
You are responsible for all activities that occur under your login credentials. Keep your password secure and notify us immediately of any unauthorized use.

3. Our Services

Kalimba provisions a dedicated phone number via Twilio and deploys an AI‑powered virtual receptionist that greets callers, answers FAQs, books appointments (optional integrations), and sends call summaries to you. Core elements include:

Number Provisioning. Phone numbers are leased from Twilio in your name but controlled by Kalimba. Losing an active subscription may release the number.
AI Call Handling. Call audio is transcribed and processed by OpenAI to generate responses. Calls may be recorded for quality and training.
Integrations. You may connect third‑party calendars, CRMs, or payment links. Those relationships are solely between you and the third party.

4. Fees & Payment

Plans. Services are offered on a subscription basis. Plan details, rates, and included minutes are described on our pricing page. All fees are in U.S. dollars and non‑refundable except as required by law.

Billing. We bill through Stripe. By subscribing you authorize Kalimba (via Stripe) to charge your payment method on a recurring basis until you cancel. Overages (minutes beyond your plan) are billed monthly in arrears at the rate posted on our site.

Taxes. You are responsible for all applicable taxes, duties, or government charges.

5. Acceptable Use

You will not, and will not allow anyone else to:

Use the Services for any illegal, harmful, or fraudulent activity (e.g., spam, harassment, scams, medical or legal advice without a license);
Upload or transmit content that is obscene, hateful, or infringes intellectual‑property rights of others;
Attempt to reverse‑engineer or interfere with the operation or security of the Services;
Resell, sublicense, or provide the Services to third parties without our written consent.

6. Customer Data & Privacy

"Customer Data" means any data, content, audio, transcripts, prompts, or personal information provided by you or callers via the Services. You grant Kalimba a worldwide, non‑exclusive license to process Customer Data solely for the purpose of providing and improving the Services.
Our privacy practices are described in our Privacy Policy (which is incorporated by reference).

7. Intellectual Property

Kalimba and its licensors retain all right, title, and interest in the Services, including all software, AI models, and associated intellectual‑property rights. Except for the limited license granted here, these Terms do not convey any right or interest in or to Kalimba’s IP.

8. Term, Cancellation & Suspension

Term. These Terms remain in effect while you have an account or until terminated in accordance with this Section.
Cancellation. You may cancel anytime in your dashboard or by contacting support; the cancellation will take effect at the end of your current billing period.
Suspension. We may suspend or terminate the Services immediately for non‑payment, suspected abuse, or violation of these Terms.

9. Disclaimers

"AS IS". To the maximum extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory (including merchantability, fitness for a particular purpose, or non‑infringement). Kalimba does not warrant that the Services will be uninterrupted, error‑free, or completely secure, or that AI outputs will be accurate, complete, or free from bias.

10. Limitation of Liability

To the fullest extent permitted by law, Kalimba’s total liability arising out of or relating to these Terms or the Services is limited to the amounts you paid us in the 12 months preceding the claim. We are not liable for: (a) indirect, incidental, special, consequential, or punitive damages; (b) loss of profits, revenues, customers, or goodwill; (c) errors or omissions in AI output or caller data; or (d) outages or failures of third‑party providers (Twilio, Stripe, OpenAI, etc.).

11. Indemnification

You will indemnify and hold harmless Kalimba, its affiliates, officers, and employees from any claim or demand (including attorney fees) arising out of (a) your misuse of the Services; (b) Customer Data; or (c) your violation of these Terms or applicable law.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of [Insert State] and the United States, without regard to conflict‑of‑law rules. Any dispute arising out of these Terms will be resolved exclusively in the state or federal courts located in [Insert County, State], and the parties consent to personal jurisdiction there.

13. Changes to Terms

We may amend these Terms from time to time. Material changes will be posted on the site and, if significant, notified via email or in‑app notice. Continued use of the Services after changes constitutes acceptance of the revised Terms.

14. General

Entire Agreement. These Terms, together with the Privacy Policy and any order forms, are the entire agreement between you and Kalimba.
Severability. If any provision is unenforceable, the remaining provisions will remain in effect.
No Waiver. Failure to enforce any provision is not a waiver of future enforcement.
Assignment. You may not assign your rights without our consent. We may assign these Terms as part of a merger, acquisition, or sale.