Terms of Service
Effective date: 27 May 2026
1.Introduction and Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between Elevate Tht Ltd ("we", "us", "our", "Company"), a company incorporated in Cyprus, and any marketing agency, business, or individual ("Agency", "you", "your") that registers for or uses the CallTrackingSoftware platform and related services (collectively, the "Service").
By creating an account, starting a free trial, or using any part of the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not have such authority, or if you do not agree with these Terms, you must not use the Service.
We reserve the right to update these Terms at any time. We will notify you of material changes by email or via an in-platform notice. Continued use of the Service after any update constitutes acceptance of the revised Terms.
2.Definitions
In these Terms, the following definitions apply:
A business entity or individual that subscribes to the Service to provide call tracking functionality to its clients.
A client of an Agency who uses the white-label platform powered by the Service. Agency Clients are not direct customers of the Company.
The pre-allocated minutes or call units included in a Subscription Plan, as specified at the time of purchase.
Data collected about individuals who place or receive calls tracked through the Service, including phone numbers, call recordings, call duration, and geographic information.
Any data, recordings, information, or material uploaded to, generated by, or transmitted through the Service.
Usage of phone numbers or Call Credits beyond the allocation included in the applicable Subscription Plan.
The specific tier of Service selected by an Agency, defining the number of phone numbers, Call Credits, and features available.
The Agency's right to present the Service to its clients under the Agency's own branding.
3.The Service
3.1Description
CallTrackingSoftware is a white-label call tracking platform that enables Agencies to assign dedicated phone numbers to marketing campaigns, track inbound calls, record conversations, and analyse campaign performance. The Service is provided as software-as-a-service (SaaS) and is accessible via the internet.
3.2White-Label Rights
Subject to these Terms, we grant each Agency a non-exclusive, non-transferable, revocable licence to use the Service and to present it to their direct clients under the Agency's own branding. This licence is strictly limited to:
- The Agency's own direct clients only.
- The duration of the Agency's active paid subscription or free trial.
- The features and usage limits of the Agency's Subscription Plan.
Agencies may not sub-licence, resell, or otherwise make the Service available to third-party resellers or other agencies. The Service may only be white-labelled one level deep: Agency to their direct clients.
3.3Service Availability
The Service is provided on an "as is" and "as available" basis. We make no guarantees of uninterrupted availability or uptime. We will use commercially reasonable efforts to maintain availability but do not commit to any specific service level or uptime percentage. Scheduled maintenance will be communicated in advance where practicable. We are not liable for any downtime, interruption, or degradation of service caused by factors outside our reasonable control, including infrastructure failures by our third-party providers such as Twilio.
4.Account Registration and Free Trial
4.1Account Registration
To use the Service, you must register for an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use of your account.
You must be at least 18 years of age to register for the Service. By registering, you represent that you meet this requirement.
4.2Free Trial
We offer a 14-day free trial of the Service. To access the free trial, a valid payment method (credit or debit card) is required at the time of registration. Your card will not be charged during the trial period.
At the end of the 14-day trial, your account will automatically convert to a paid subscription based on the Subscription Plan you selected at signup. Your payment method will be charged on the first day following the trial period unless you cancel before the trial expires.
We reserve the right to limit, modify, or discontinue the free trial offering at any time without notice.
5.Billing, Payment, and Overage
5.1Subscription Fees
Subscription fees are charged monthly in advance on the billing date, based on the Subscription Plan selected. All fees are exclusive of applicable taxes, which will be added where required by law.
Payments are processed by Stripe. By providing a payment method, you authorise us to charge all fees due under these Terms to that payment method.
5.2Overage Charges
If your usage of phone numbers or Call Credits exceeds the allocation included in your Subscription Plan in any billing period, Overage charges will apply. Overage rates are as specified in your Subscription Plan at the time of purchase. Overage charges are calculated at the end of each billing period and charged to your payment method on file.
5.3Failed Payments and Suspension
If a payment fails, we will notify you by email and attempt to retry the charge. If payment remains outstanding after 7 days from the initial failed payment attempt, we reserve the right to suspend your account. During suspension, access to the Service will be restricted but your data will be retained.
If payment is not received within 30 days of suspension, we reserve the right to permanently terminate your account and delete all associated data, including call recordings, call logs, and campaign data. We will provide notice before permanent termination. You remain liable for all outstanding fees regardless of suspension or termination.
5.4Price Changes
We reserve the right to change subscription pricing at any time. We will provide at least 30 days' written notice of any price increase. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.
5.5No Refunds
All fees paid are non-refundable except where required by applicable law. This includes partial months, unused Call Credits, and unused phone number allocations. If you cancel your subscription, you will retain access to the Service until the end of the current billing period, after which your account will be closed.
6.Acceptable Use Policy
6.1General Obligations
You are responsible for all use of the Service under your account, including by your Agency Clients. You must ensure that your Agency Clients comply with these Terms and with all applicable laws. You agree to use the Service only for lawful purposes and in accordance with these Terms.
6.2Prohibited Content
You must not use the Service to transmit, store, or process content that:
- Is false, misleading, or deceptive
- Encourages, incites, or glorifies hatred, discrimination, or violence against any individual or group
- Endangers public safety
- Is produced by, or used to support, hate groups or extremist organisations
- Is illegal under any applicable law or regulation
- Infringes the intellectual property rights of any third party
- Contains malware, viruses, or any other harmful or malicious code
6.3Prohibited Activities
You must not use the Service to:
- Make unsolicited, spam, or automated calls (robocalling) to individuals who have not provided consent
- Contact individuals listed on applicable Do Not Call registers or registries
- Conduct debt collection activities in violation of applicable consumer protection or debt collection laws
- Impersonate any person, company, or organisation, or engage in spoofing or caller ID fraud
- Engage in phishing, social engineering, or any attempt to fraudulently obtain information from call recipients
- Buy, sell, rent, or transfer call consent records or consent data
- Record calls without providing required disclosures or obtaining required consent under applicable law
- Harass, threaten, or abuse any individual
- Violate any telecommunications law, regulation, or carrier requirement in any jurisdiction where calls are made or received
- Engage in any illegal, deceptive, or harmful activity
6.4Platform Integrity
You must not:
- Attempt to reverse engineer, decompile, or disassemble any part of the Service
- Bypass, exploit, or circumvent any technical limitations, access controls, or security measures of the Service
- Exploit any security vulnerabilities in the Service
- Launch denial of service attacks or any activity that disrupts, degrades, or interferes with the Service or its infrastructure
- Attempt to gain unauthorised access to any systems, accounts, or data
- Use the Service in any way that violates Twilio's Acceptable Use Policy, available at https://www.twilio.com/legal/aup, as updated from time to time
6.5Enforcement
We reserve the right to investigate suspected violations of this Acceptable Use Policy. If we determine, in our sole discretion, that a violation has occurred or is likely to occur, we may immediately suspend or terminate the offending account without notice, remove or disable access to offending content, and report the violation to relevant authorities where required by law.
You acknowledge that because the Service operates on Twilio's infrastructure, Twilio also has the right to suspend our access to their services if your use of the platform causes a violation of Twilio's terms. Such a suspension by Twilio may affect the availability of the Service to all our customers. You agree to indemnify us for any losses caused by your violation of Twilio's Acceptable Use Policy.
7.Call Recording and Legal Compliance
The Service enables call recording as a core feature. Call recording laws vary significantly by jurisdiction. In many countries and states, it is legally required to inform all parties to a call that the conversation is being recorded before recording begins ("two-party" or "all-party" consent laws).
It is your sole responsibility as the Agency to:
- Determine the applicable call recording laws in every jurisdiction where you and your Agency Clients operate
- Implement appropriate caller consent notices, disclosures, and opt-in mechanisms before any call is recorded
- Ensure your Agency Clients understand and comply with these obligations
- Obtain and retain records of any required consents
Elevate Tht Ltd provides no legal advice regarding call recording consent requirements and accepts no liability whatsoever for any failure by you or your Agency Clients to comply with applicable recording laws. Any fines, penalties, claims, or proceedings arising from non-compliance with recording laws are your sole responsibility.
8.Intellectual Property
8.1Our IP
The Service, including all software, algorithms, designs, trademarks, logos, and documentation, is the exclusive property of Elevate Tht Ltd or its licensors. Nothing in these Terms transfers any ownership interest in the Service or our intellectual property to you. You receive only the limited usage licence described in Section 3.2.
8.2Your Content
You retain ownership of all Content you upload to or generate through the Service, including call recordings and campaign data. By using the Service, you grant us a limited, non-exclusive licence to process, store, and transmit your Content solely as necessary to provide the Service to you.
8.3Aggregated Data
We may collect, use, and share anonymised and aggregated data derived from usage of the Service (for example, aggregate call answer rates or platform performance metrics) for the purposes of improving the Service, developing new features, and producing industry benchmarks. Such aggregated data will not identify you, your Agency Clients, or any individual caller. No individual or identifiable data will be shared with third parties for this purpose.
9.Confidentiality
Each party may have access to confidential information of the other party in connection with the Service. Each party agrees to: (a) keep the other party's confidential information strictly confidential; (b) not disclose it to any third party without prior written consent; and (c) use it only for the purposes of performing obligations or exercising rights under these Terms.
This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party, or is required to be disclosed by law or court order.
10.Data Protection
Each party shall comply with applicable data protection laws in connection with the Service. Our Privacy Policy sets out how we handle personal data collected through the Service.
In the context of the white-label arrangement:
- You (the Agency) are the data controller for your Agency Clients' data processed through the Service.
- Elevate Tht Ltd acts as a data processor on your behalf with respect to Agency Client data.
- A separate Data Processing Agreement (DPA) governs the terms on which we process Agency Client data. By using the Service, you agree to the DPA, which is incorporated into these Terms by reference.
- You are responsible for providing adequate privacy notices to your Agency Clients and for obtaining any required consents for data collection and call recording.
11.Disclaimer and Limitation of Liability
11.1Disclaimer
The service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be uninterrupted, error-free, or secure.
11.2Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Elevate Tht Ltd be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, business interruption, or loss of goodwill, arising out of or in connection with these terms or your use of the service, even if we have been advised of the possibility of such damages. Our total aggregate liability to you for any claims arising under or in connection with these terms shall not exceed the total fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.
11.3Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; (d) any failure by you or your Agency Clients to comply with call recording consent obligations; or (e) your violation of Twilio's Acceptable Use Policy.
12.Term and Termination
12.1Term
These Terms commence on the date you create an account and continue until your subscription is terminated by either party.
12.2Termination by You
You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. No refunds are provided for the remaining portion of a billing period.
12.3Termination by Us
We may suspend or terminate your account immediately and without notice if:
- You materially breach these Terms and fail to remedy the breach within 7 days of written notice
- You violate the Acceptable Use Policy in Section 6
- You provide false or misleading registration information
- Required by applicable law or a regulatory authority
- Continued provision of the Service to you would violate Twilio's terms or any applicable law
We may also terminate your account for non-payment in accordance with Section 5.3.
12.4Effect of Termination
Upon termination, your licence to use the Service immediately ceases. All call recordings, call logs, campaign data, and account data will be permanently deleted within 90 days of the termination date. You are responsible for exporting any data you wish to retain before the termination date. We are not liable for any loss of data following termination.
All provisions of these Terms that by their nature should survive termination shall survive, including Sections 8 (Intellectual Property), 9 (Confidentiality), 11 (Limitation of Liability), and 14 (Governing Law and Disputes).
13.Third-Party Services
The Service relies on third-party providers, including Twilio for telephony infrastructure and Stripe for payment processing. Your use of the Service is subject to the terms and policies of these providers. We are not responsible for any failure, interruption, or change in the services of third-party providers that affects the availability or functionality of our Service.
Twilio's Acceptable Use Policy (https://www.twilio.com/legal/aup) applies to all use of call and telephony features within the Service. You agree to comply with Twilio's AUP as a condition of using the Service.
14.Governing Law and Dispute Resolution
14.1Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of law provisions.
14.2Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service, the parties agree to the following process:
Either party may notify the other in writing of the dispute. The parties shall attempt to resolve the dispute by good faith negotiation within 30 days of written notice.
If the dispute is not resolved through negotiation within 30 days, it shall be finally resolved by binding arbitration administered in Nicosia, Cyprus, under rules mutually agreed by the parties or, failing agreement, under the UNCITRAL Arbitration Rules. The language of the arbitration shall be English. The arbitrator's decision shall be final and binding on both parties.
Nothing in this clause prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction to prevent irreparable harm.
15.General Provisions
15.1Entire Agreement
These Terms, together with the Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements, representations, or understandings.
15.2Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15.3Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
15.4Assignment
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, with notice to you.
15.5Force Majeure
We shall not be liable for any delay or failure to perform our obligations under these Terms where such delay or failure results from circumstances beyond our reasonable control, including natural disasters, acts of government, internet or telecommunications failures, or failures of third-party service providers.
15.6Notices
All notices to us under these Terms should be sent to contact@calltrackingsoftware.ai. We will send notices to you at the email address associated with your account. Notices are deemed delivered on the day sent by email.
16.Contact
If you have any questions about these Terms, please contact us: