Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the CallMaker24 platform and services (the “Service”) provided by Mtsryde Holdings LLC (“we,” “us,” or “our”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By accessing or using CallMaker24, you confirm that you:

• Are at least 18 years of age.
• Have the legal authority to enter into these Terms on behalf of yourself or the entity you represent.
• Agree to comply with all applicable local, state, national, and international laws and regulations.

2. Service Description

CallMaker24 is an all-in-one business communication and marketing platform that includes:

• Email marketing campaigns and automation.
• SMS messaging and text campaign management.
• IVR (Interactive Voice Response) call center system.
• AI-powered chatbot for customer engagement.
• Social media management (Facebook, Instagram).
• Customer loyalty and rewards programs.
• Customer Relationship Management (CRM).
• Shopify, Stripe, and third-party integrations.

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice.

3. Accounts & Registration

• You must provide accurate and complete registration information.
• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activities under your account.
• Notify us immediately of any unauthorized access to your account.
• We may suspend or terminate accounts that violate these Terms.

4. SMS Marketing Consent

By using our SMS features, you agree to the following:

When sending SMS messages to your own customers through our platform, you are responsible for obtaining proper consent in compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all other applicable telecommunications regulations.

5. Subscription & Billing

5.1 Plans & Pricing

We offer tiered subscription plans (Starter, Elite, Pro, Enterprise) with monthly and annual billing options. Current pricing is available on our subscription page. We reserve the right to change pricing with 30 days' notice.

5.2 Free Trial

New accounts may receive a 30-day free trial. After the trial period, you must subscribe to a paid plan to continue using premium features.

5.3 Payment Processing

• Stripe: For direct signup users, payments are processed securely through Stripe.
• Shopify Billing: For merchants who install CallMaker24 through the Shopify App Store, billing is handled exclusively through Shopify's Billing API, as required by Shopify.

5.4 Refund Policy

Subscription fees are non-refundable except as required by applicable law. If you cancel your subscription, you will retain access to paid features until the end of your current billing period. Annual subscriptions cancelled within the first 14 days may be eligible for a prorated refund.

5.5 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. Your account will be downgraded to the free tier.

6. Shopify App Store Terms

If you access CallMaker24 through the Shopify App Store:

• Your use is also subject to the Shopify Terms of Service.
• All billing is processed through Shopify's Billing API. Stripe checkout is not available for Shopify merchants.
• Uninstalling the app will cancel your subscription and trigger data deletion within 48 hours.
• We access only the Shopify store data for which you grant permissions during app installation.
• You may revoke data access at any time by uninstalling the app from your Shopify admin.

7. User Responsibilities

You agree to:

• Use the Service in compliance with all applicable laws and regulations.
• Obtain proper consent before sending marketing communications to your customers.
• Not upload or transmit harmful, illegal, or infringing content.
• Not attempt to reverse-engineer, hack, or interfere with the Service.
• Not use the Service for spam, phishing, or other abusive communications.
• Comply with the CAN-SPAM Act, TCPA, GDPR, and other applicable regulations when using our communication tools.
• Maintain accurate customer opt-in/opt-out records for SMS and email campaigns.

8. Intellectual Property

8.1 Our Property

The Service, including its design, features, code, documentation, logos, and trademarks, is owned by Mtsryde Holdings LLC and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.

8.2 Your Content

You retain ownership of all content you upload to the Service (customer lists, campaigns, templates, etc.). You grant us a limited, non-exclusive license to use your content solely for the purpose of operating and improving the Service.

9. Limitation of Liability

10. Indemnification

You agree to indemnify, defend, and hold harmless Mtsryde Holdings LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising from:

• Your use of or inability to use the Service.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your infringement of any third-party rights.
• Any content you upload, transmit, or distribute through the Service.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. Our Data Deletion page explains how to request deletion of your data.

12. Termination

12.1 By You

You may terminate your account at any time by cancelling your subscription and deleting your account from Settings.

12.2 By Us

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms or any applicable law.
• Your use poses a security risk to the platform or other users.
• Your account is used for fraudulent or abusive activity.
• You fail to pay subscription fees when due.

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days to allow for data export, after which it will be permanently deleted, except as required by law.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal proceeding, you agree to first contact us at support@callmaker24.com to attempt to resolve the dispute informally within 30 days.

13.2 Arbitration

Any dispute not resolved informally shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Minneapolis, Minnesota.

13.3 Class Action Waiver

You agree that any dispute resolution will be conducted on an individual basis and not as a class action, collective action, or representative proceeding.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Minnesota, United States, without regard to conflict of law principles. Any legal action not subject to arbitration shall be brought in the state or federal courts located in Hennepin County, Minnesota.

15. API Usage

If you use our API:

• API access is subject to rate limits based on your subscription plan.
• You must keep API keys confidential and not share them publicly.
• Excessive or abusive API usage may result in throttling or suspension.
• We may modify API endpoints with reasonable notice.

16. Modifications to Terms

We may update these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Mtsryde Holdings LLC regarding the Service.

19. Contact Information

For questions or concerns about these Terms: