Terms and Conditions of Use

Welcome to Call Climber!

PLEASE READ THESE TERMS AND CONDITIONS ("AGREEMENT") CAREFULLY BEFORE USING OUR SERVICES. THIS AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND CALL CLIMBER GOVERNING YOUR USE OF OUR SERVICES, APPLICATIONS, OR WEBSITES (REFERRED TO AS "THE SERVICE" AND "OUR," "US," OR "WE").

1. Service Description

1.1 The Service provided by Call Climber is an innovative communications platform designed to enhance your experience with our products and services. It allows you to efficiently manage your calls, access call analytics, and utilize other related features ("Content").

1.2 By subscribing to Call Climber's Service, you gain access to various functionalities, subject to the terms specified in your subscription agreement.

1.3 We strive to ensure that our Service is available to you at all times. However, we cannot guarantee uninterrupted or error-free operation. We schedule maintenance activities during off-peak hours and make every effort to minimize service interruptions.

2. Evaluation Period

2.1 Call Climber may provide a limited evaluation period for its Service. This period is subject to the terms outlined in your evaluation agreement and may be terminated by Call Climber with or without notice.

3. Data Security and Privacy

3.1 Call Climber is committed to safeguarding your data and employs technical and organizational measures to protect your Content from unlawful access, use, or disclosure.

3.2 Our data processing practices are outlined in our separate Privacy Policy, which is incorporated into this Agreement.

4. User Responsibilities

4.1 You are solely responsible for your use of Call Climber's Service, ensuring compliance with applicable laws, and obtaining all necessary rights for providing us with your Content.

4.2 You shall not use the Service for any purpose that is illegal or infringes on the rights of others, including but not limited to intellectual property rights and privacy rights.

4.3 You agree not to misuse the Service, resell it, modify it, or attempt to reverse engineer its source code.

5. SUBSCRIPTION FEES

5.1 In exchange for using Call Climber's Service, you agree to pay the applicable subscription fees, as specified in your subscription agreement.

5.2 All fees are exclusive of taxes and other governmental assessments, which you are responsible for paying.

6. Proprietary Rights

6.1 Call Climber retains all proprietary rights to the Service, except for your Content. You shall have no ownership rights to the Service.

6.2 Call Climber respects the intellectual property rights of third parties and expects you to do the same.

7. External Links

The Service may contain links to third-party websites and applications. Call Climber does not endorse or assume responsibility for the content or transactions on these external sites.

8. Warranties and Disclaimer

8.1 Call Climber and you each represent that you have the legal authority to enter into this Agreement.

8.2 We warrant that, when used in accordance with this Agreement, the Service will perform as described. Your exclusive remedy for any breach of this warranty is outlined in this Agreement.

8.3 EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Privacy Policy

Call Climber collects and processes personal information as described in our Privacy Policy, which is incorporated into this Agreement.

10. Confidentiality

10.1 "Confidential Information" includes information provided by either party that should reasonably be understood as confidential.

10.2 Both parties shall maintain the confidentiality of the other party's Confidential Information and implement security measures to prevent unauthorized access.

11. Term and Termination

11.1 The term of this Agreement shall be as specified in your subscription agreement.

11.2 Either party may terminate this Agreement for material breach or insolvency, as outlined in the Agreement.

11.3 Upon termination, you shall cease using the Service, and certain provisions of this Agreement shall survive termination.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, AND LIABILITY FOR ANY CLAIM ARISING UNDER THIS AGREEMENT IS LIMITED TO THE FEES PAID DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Claims Timeframe

Any claim related to this Agreement must be filed within two (2) years after the claim arises.

14. Indemnification

14.1 Call Climber will indemnify, defend, and hold you harmless from third-party claims alleging that the Service infringes on intellectual property rights.

14.2 You shall indemnify Call Climber against claims related to your use of the Service, including claims by your employees or users.

15. Governing Law and Jurisdiction

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, AND LIABILITY FOR ANY CLAIM ARISING UNDER THIS AGREEMENT IS LIMITED TO THE FEES PAID DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

16. Force Majeure

Neither party shall be liable for failure to perform due to circumstances beyond their control.

17. General Provisions

17.1 This Agreement constitutes the entire understanding between the parties.

17.2 Both parties are independent contractors, and this Agreement does not create any partnership or employment relationship.

17.3 If any provision of this Agreement is deemed unenforceable, the remaining provisions shall remain in full force.

17.4 Modifications to this Agreement require written consent from both parties.

17.5 This Agreement may not be assigned without written consent.