Last Updated: May 24, 2025
1. Introduction
Welcome to CallZero. These Terms of Service ("Terms") govern your use of our website, products, and services ("Services"). By using our Services, you agree to these Terms. Please read them carefully.
2. Using Our Services
You must follow any policies made available to you within the Services. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
3. Your CallZero Account
To use some of our Services, you may need a CallZero account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you learn of any unauthorized use of your account, please contact us immediately.
4. Privacy and Copyright Protection
Our
Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Positive Potato LLC can use such data in accordance with our privacy policies.
In short, we store call-related information, including inputs and AI-generated transcripts, for service improvement and support. You may request deletion of your data at any time by contacting
[email protected].
5. Your Content in Our Services
Our Services allow you to upload, submit, store, send, and receive content. You retain ownership of any intellectual property rights that you hold in that content. When you upload, submit, store, send, or receive content to or through our Services, you give Positive Potato LLC a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content.
6. AI-Powered Calling Services
Our Services include AI technology that can make telephone calls on your behalf. CallZero is not a legal representative, licensed advisor, or affiliated with any third-party service provider. It is a software tool that communicates based on user input. You acknowledge and agree that:
• You represent and warrant that you have the lawful right to share any information submitted through the Services, including personal data, account numbers, or third-party information.
• Where required by law or platform policy, the AI will announce that it is an automated agent acting on behalf of the user.
• The AI technology may make errors, misunderstand instructions, or communicate inaccurately with third parties
• Positive Potato LLC bears no responsibility for any consequences, damages, or losses resulting from these AI-powered communications
• You are solely responsible for all communications made on your behalf through our Services
• You will indemnify and hold Positive Potato LLC harmless for any damages resulting from AI communications
• You will not use our Services for any illegal, fraudulent, harassing, or deceptive purposes
• You are responsible for obtaining consent from parties being called, where required by law
USE AT YOUR OWN RISK: You expressly understand and agree that your use of our AI calling services is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis.
7. Modifying and Terminating Our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we'll be sorry to see you go. Positive Potato LLC may also stop providing Services to you, or add or create new limits to our Services at any time.
8. Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER Positive Potato LLC NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES.
DISCLAIMER OF WARRANTIES: TO THE FULLEST EXTENT PERMITTED BY LAW, Positive Potato LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Positive Potato LLC DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE.
NO WARRANTIES WHATSOEVER: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU USE OUR SERVICES, INCLUDING ALL AI CALLING FEATURES, ENTIRELY AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ABSOLUTELY NO WARRANTY OF ANY KIND. Positive Potato LLC EXPLICITLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SATISFACTORY QUALITY. THIS INCLUDES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS OBTAINED FROM USING THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE OR SATISFACTORY; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (5) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Positive Potato LLC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9. Liability for Our Services
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Positive Potato LLC OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, EVEN IF Positive Potato LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MAXIMUM LIABILITY: IN ANY EVENT, POSITIVE POTATO LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING OUR SERVICES DURING THE PAST SIX (6) MONTHS.
AI COMMUNICATION RISKS: YOU EXPRESSLY ACKNOWLEDGE THAT Positive Potato LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OUR AI CALLING FEATURES, INCLUDING DAMAGES ARISING FROM MISCOMMUNICATIONS, ERRORS, OMISSIONS, INACCURACIES, OR MISREPRESENTATIONS MADE BY THE AI SYSTEM WHEN COMMUNICATING WITH THIRD PARTIES ON YOUR BEHALF.
ESSENTIAL PURPOSE: THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Positive Potato LLC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Business Uses of Our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Positive Potato LLC and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
11. Indemnification
You agree to defend, indemnify, and hold harmless Positive Potato LLC, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
• Your violation of these Terms
• Your use of the Services, including any AI-powered communications
• Any actions taken by the AI on your behalf
• Your content or information provided to our Services
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
• Any misrepresentation made by you
12. About These Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately.