Supplemental Terms for Voice Assist

Last updated: May 2025

THESE SUPPLEMENTAL TERMS AND CONDITIONS (THE "VOICE ASSIST TERMS") APPLY TO YOUR USE OF CALLRAIL’S AI-POWERED PLATFORM THAT ASSISTS WITH ANSWERING MISSED OR UNANSWERED PHONE CALLS AND PROVIDING INFORMATION TO THE CALLERS, VOICE ASSIST (“VOICE ASSIST”). THE USE OF VOICE ASSIST IS ALSO SUBJECT TO THE CALLRAIL TERMS OF USE (https://www.callrail.com/legal) (INCLUDING, FOR AVOIDANCE OF DOUBT, ITS DISCLAIMERS OF WARRANTY, LIMITATIONS OF LIABILITY, AND ARBITRATION AGREEMENT) AND OUR PRIVACY POLICY (https://www.callrail.com/privacy), EACH OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. UNLESS OTHERWISE DEFINED IN THESE VOICE ASSIST TERMS, CAPITALIZED TERMS USED HEREIN HAVE THE MEANINGS PROVIDED IN THE CALLRAIL TERMS OF USE. FOR PURPOSES OF THE CALLRAIL TERMS OF USE, THE VOICE ASSIST SHALL BE DEEMED TO BE A “SERVICE” AS DEFINED THEREIN. IN THE EVENT OF A CONFLICT BETWEEN THESE VOICE ASSIST TERMS AND THE CALLRAIL TERMS OF USE, THESE VOICE ASSIST TERMS WILL CONTROL, BUT ONLY TO THE EXTENT OF THE CONFLICT. BY USING VOICE ASSIST, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE VOICE ASSIST TERMS, THE CALLRAIL TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE VOICE ASSIST TERMS, THE CALLRAIL TERMS OF USE OR OUR PRIVACY POLICY, YOU ARE NOT PERMITTED TO USE VOICE ASSIST.

Access and Use

Subject to your compliance with these Voice Assist Terms, CallRail grants you a non-exclusive, non-transferable right, during the term for which you have subscribed to use Voice Assist, to access and use Voice Assist, solely for your internal business use and in accordance with the terms and conditions of these Voice Assist Terms, the terms and conditions of the CallRail Terms of Use, and the applicable documentation (if any) provided by CallRail.

You agree to make available in a timely manner and at no charge to CallRail all technical data, files, documentation, test data, or other information (collectively “User Materials”) required and/or reasonably requested by CallRail for providing Voice Assist with the information it requires to answer queries posed by callers. You acknowledge and agree that CallRail may acquire certain User Materials from accessing, scraping or otherwise using your publicly accessible websites, and hereby permit CallRail to acquire such information, regardless of any conflicting terms applicable to the use of such sites. You shall be responsible for, and assume the risk of, any inaccurate results or other problems resulting from, the content, accuracy, completeness and consistency of all such User Materials. You hereby grant to CallRail a limited, non-exclusive, non-transferable, revocable, royalty-free, non-sublicensable right and license to reproduce, modify, process and otherwise use the User Materials for purposes of providing Voice Assist and improving the performance thereof.

Except with respect to the User Materials, which will remain your property, CallRail shall own all data collected by or processed through the Voice Assist (“Platform Data”), and you have no and acquire no rights in and to the Platform Data. The Platform Data shall be considered the Confidential Information of CallRail. You understand and agree that CallRail may monitor use of Voice Assist and use data, queries and other information related to such use in an aggregate and anonymous manner (“Aggregated Information”), including to compile statistical and performance information related to the provision and operation of Voice Assist and to modify and improve Voice Assist. As between you and CallRail, all right, title and interest in the Aggregated Information belongs to and is retained solely by CallRail. You acknowledge that CallRail will be compiling Aggregated Information based on your and other users’ use of Voice Assist and you agree that CallRail may (a) make such Aggregated Information publicly available, and (b) use such information to the extent and in the manner required by applicable law or regulation and for purposes of data gathering, analysis, service enhancement and marketing, provided that such information does not identify you or your Confidential Information.

In addition to the obligations set forth the CallRail Terms of Use, you agree that:

  • You shall comply with and are solely responsible for compliance with all applicable legal and regulatory requirements associated with your and your callers’ use of Voice Assist and your provision of information to CallRail and third parties, including all applicable wiretapping and voice recording laws. CallRail does not provide legal advice with respect to the use of Voice Assist and you understand and agree that it is your responsibility to check local laws to ensure compliance.
  • Where applicable, you are responsible for developing and complying with your own privacy, data protection and artificial intelligence obligations, notice, opt-in/opt-out and/or consent requirements, data subject rights responses, risk or impact assessments, auditing, and other policies (including any biometric or other data retention, redaction and destruction policies) as may be required under applicable law.

Disclaimers

In addition to the Warranty Disclaimer set forth in the CallRail Terms of Use, you understand and agree that the responses provided by Voice Assist may contain errors and omissions, or the Voice Assist may misunderstand queries and may be responding to a different question than asked. CallRail does not warrant that Voice Assist will meet your needs or requirements, or that any errors or defects will be corrected. You accept full responsibility for any and all decisions You or any callers make as a result of using Voice Assist.

Disputes Among Users

If there is a dispute between users of Voice Assist, or between any user of Voice Assist and any other third party (including but not limited to disputes between you and any caller), you acknowledge and agree that CallRail is under no obligation to become involved. In the event that a dispute arises between you and any other user or third party, you hereby release CallRail, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you waive California civil code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party."

Contact Us

If you have any questions about these Voice Assist Terms, you can reach us at legal@callrail.com.