Terms of Service

LAST UPDATED: June 2025
CALLREVU TERMS OF SERVICE

The Terms of Service set forth below shall govern the relationship between CallRevu, LLC (“CallRevu”) and the Customer and set forth the terms and conditions whereby CallRevu agrees to provide, and Customer is permitted to access, the Business Intelligence Services. The Terms of Service are incorporated into and made part of the Services Agreement executed by Customer that references or attaches the Terms of Service and the Services Agreement and the Terms of Services are collectively referred to as the “Agreement” herein.
In the event of a conflict among these Terms of Service and the Services Agreement, the Terms of Service shall control. Any term not defined in these Terms of Service shall have the meaning set forth in the Services Agreement.
Prior to execution of the Services Agreement, the Customer acknowledges and represents that it has reviewed and understands the Terms of Service and Privacy Policy and agrees to be bound by the Terms of Service and Privacy Policy.
CallRevu may amend the Terms of Service and Privacy Policy at any time and without any prior notice to the Customer, and such amendment will automatically become effective thirty (30) days after CallRevu makes the amended version of the Terms of Service and Privacy Policy available on its website and provides written notice to Customer. Customer’s continued use of the Business Intelligence Services thereafter will constitute acceptance of the amended Terms of Service, and Privacy Policy and no other version of the Terms of Service and Privacy Policy shall be effective against CallRevu.
1. General; Definitions
1.1. “Business Intelligence Services” means the phone tracking and transcription services to automotive dealers through leading technology and proprietary software to enable the accumulation, processing, analysis, and presentation of data collected to best increase profitability of the Customer. Use of the term “Business Intelligence Services” also includes the software, systems, and networks through which the foregoing Business Intelligence Services are provided.
1.2. “Customer” means the party to the Services Agreement that makes use of the Business Intelligence Services provided by CallRevu pursuant to the Agreement. Use of the term “Customer” shall include the Customer’s employees and agents as well as the Customers subsidiaries and affiliates.
1.3. “Overage Minutes” means the minutes of use that exceed the minutes included in the client’s subscription package.
2. Access to the Services. During the Term of the Services Agreement, including any renewals, and subject to these Terms of Service, CallRevu grants to the Customer and the Customer’s authorized users a non-exclusive, non-transferrable, non-sublicensable, right to access and use the Business Intelligence Services, solely for the for the benefit of the Customer. With respect to the Customer’s use of the Business Intelligence Services, the Customer shall not copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, reverse engineer the Business Intelligence Services or create derivative works based on the Business Intelligence Services.
3. Usage.
3.1. The Customer shall use the Business Intelligence Services solely for the benefit of the Customer’s business and consistent with the terms of the Services Agreement and these Terms of Service. So long as the Customer’s account is in good standing, and subject to the provisions of the Master Services Agreement, any data generated through the Business Intelligence Services including, but not limited to, audio recordings, call log entries and reporting platforms will be available to the Customer. The Customer’s account is deemed to be in good standing, if, among other things, the Customer is paid current on all amounts due to the CallRevu and is not otherwise in breach of the Services Agreement or these Terms of Service.
3.2. The CallRevu Platform, which is operated in connection with the Business Intelligence Services, is used by Customer to access certain Customer data and information. The CallRevu Platform offers certain self-servicing capabilities that permit and enable the Customer to perform its own modifications to the Platform. The CallRevu Platform is delivered by CallRevu to the Customer in its “AS-IS” condition. CallRevu shall not be liable for any self-servicing modifications to the CallRevu Platform that are performed or completed by the Customer. All self-servicing modifications completed by the Customer are the Customer’s sole risk, liability, cost and expense, and Customer shall not hold CallRevu liable for any damages or harm that result from the Customer’s self-servicing modifications.
3.3. The Customer will cause its employees, agents, subsidiaries and affiliates to comply with this Terms of Service and the Services Agreement. The Customer shall be responsible for any breach of, or failure to comply with, the Agreement by its employees, agents, subsidiaries and affiliates.
4. Rights to Numbers. Client has all rights to tracking numbers and may transfer tracking numbers to another provider so long that Client has not accepted use of a number expressly stated as a non-transferable number and is in compliance with the Terms of Service.
4.1 Term. The term of the Services Agreement and any renewals are defined in the Services Agreement. The Initial Term and each applicable Renewal Term shall automatically renew unless terminated upon written notice to the other party a minimum of sixty (60) days prior to the end of the Initial Term or any Renewal Term.
5. Late Payment; Payment Disputes
5.1. In the event any funds via direct-debit of Customer are unavailable upon CallRevu’s debiting of Customer’s account by ACH withdrawal, Client shall pay a late fee in the amount of 1.5% each month such payment is past due. This 1.5% fee shall also apply in the event Customer does not timely pay CallRevu if such Customer does not use ACH withdrawal. This 1.5% late fee shall be calculated based on the total amount owed by Customer to CallRevu.
5.2. If a customer reasonably disputes any portion of an invoice, Customer must pay the undisputed portion of the invoice and submit to CallRevu written notice of its claim (with sufficient detail of the nature and basis of the claim, the amount and invoices in dispute and information necessary to identify the affected Service(s)) for the disputed amount. All claims must be submitted in writing within sixty (60) days from the date of the invoice for those Services. Customer waives the right to dispute any charges not disputed within such sixty (60) day period. In the event that the dispute is resolved against Customer, Customer shall pay such amounts plus 1.5% interest calculated based on the total disputed amount owed by Customer to CallRevu.
6. Storage of Recordings. All transcribed audio recordings will be automatically deleted after thirteen (13) months from the date recorded unless the Service Agreement specifies otherwise.
7. CallRevu Services.
7.1. Customer acknowledges that CallRevu is not a phone provider, and the telephone lines provided are solely for tracking purposes in connection with the Business Intelligence Services. CallRevu may refuse the Business Intelligence Services to anyone at any time in the CallRevu’s sole discretion. CallRevu reserves the right to discontinue, temporarily or permanently, any or all of the Business Intelligence Services, including, but not limited to, shutting down phone numbers; provided, however, CallRevu will make reasonable efforts to notify Customer within twenty-four (24) hours of doing so. CallRevu reserves the right to discontinue any or all of Customer’s use of the Business Intelligence Services if CallRevu suspects that Customer may be in breach of the Agreement. CallRevu shall not be liable to any third-party for its termination of the Customer’s access to the Business Intelligence Services.
7.2. Customer acknowledges that CallRevu will not be liable for any damages arising out of any change to the telephone numbers assigned to Customer, and Customer waives any claims against CallRevu with respect to such change to the assigned telephone numbers. CallRevu reserves the right to withdraw telephone numbers from the Customer at CallRevu’s sole discretion when the CallRevu determines that a telephone number is receiving insufficient use. CallRevu’s practices and policies may change from time to time with respect to withdrawing and reassigning telephone numbers.
7.3. The Business Intelligence Services are designed to be used in connection with local exchange telephone, wireless telephone, and similar telecommunications services provided by a third-party service provider and not as a substitute or replacement for third-party telecommunications services. Emergency calls cannot be accessed by originating calls to 911 using the Business Intelligence Services. To that end, Customer acknowledges that it has a different means for contacting 911 emergency services.
7.4. The Business Intelligence Services rely on third-party service providers outside of the CallRevu’s control, and the CallRevu is not liable for any issues or outages with the services provided by any third-party service providers. The loss or interruption of any such services may prevent the Business Intelligence Services from functioning. CallRevu will use commercially reasonable efforts to manage all communications initiated by the Customer or intended for the Customer during any loss or interruption of the Business Intelligence Services, whether caused, in whole or in part, by the third-party service providers. The independent third-party service interruptions may include but are not limited to, power outages, outages due to the suspension of Customer’s account, outages due to Customer’s failure to maintain its account with third-party service providers, and outages with internet service providers or telecommunications service providers.
7.5. Overage Minutes will be charged at a rate of .089 unless otherwise stated in the Service Agreement.
8. Customer Responsibilities. The Customer, at its sole cost and expense, is responsible for the following:
8.1. All phone carrier fees, charges or expenses, and any other third-party charges, costs, expenses, and claims that may result from the services rendered by CallRevu pursuant to the Agreement. The Customer acknowledges that phone service may be disrupted from time to time due to circumstances beyond the control of the CallRevu. Under no circumstances shall the CallRevu be held liable for any disruptions to the phone services or in the event a call tracking line is inoperative.
8.2. Customer is liable for the payment of all federal, state and local taxes that may be incurred by the CallRevu in connection with the services rendered to the Customer, including, but not limited to all sales, use, value-added, excise, personal property, and all other taxes or levies.
8.3. Compliance with all applicable federal, state, local and international laws, rules and regulations including, but not limited to, all laws and applicable industry standards related to the recording and transcribing of phone calls in connection with the services provided under the Agreement. The foregoing shall specifically include, but is not limited to, providing proper notification, obtaining required permissions, and abiding by “do not call” requirements under applicable laws.
9. Intellectual Property. CallRevu retains all right, title and interest, including all intellectual and proprietary rights, in and to (i) the Business Intelligence Services and the License, (ii) CallRevu’s trademarks, patents, copyrights and other intellectual property rights, (iii) all technology and software that the CallRevu provides or makes use of in connection with the Business Intelligence Services. Except for its limited use pursuant to the Agreement, the Customer acknowledges and agrees that it does not, by way of the Agreement or otherwise, acquire any ownership rights or other rights in and to the Business Intelligence Services, the CallRevu’s intellectual property rights, and the CallRevu’s technology and software.
10. Use of Individuals’ Biometric Data.
10.1. Definitions. “Biometric Data” includes “biometric identifiers” and “biometric information” as defined in the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. “Biometric identifier” means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. “Biometric information” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual. “Biometric Data” also includes any similar state or local law definitions related to any biological characteristics of a person, or information based upon such a characteristic.
10.2. Customer Obligations. If Customer uses any of CallRevu’s software or services that include Biometric Data (“Services”), then Customer: (i) shall be fully and solely responsible for complying with Customer’s obligations all applicable laws governing the collection, storage, use, and/or transmission of Biometric Data that Customer conducts or facilitates, including but not limited to, developing and complying with Customer’s own Biometric Data retention and destruction policies and obtaining written consents from Customer’s employees as may be required under applicable laws; and (ii) shall be fully and solely responsible to ensure that Customer has obtained written consents from Customer’s employees for whom CallRevu may possess any Biometric Data related to Customer’s use of CallRevu’s Services. Such consents shall be obtained prior to the collection of any Biometric Data and must explicitly be for the benefit of the Customer, CallRevu and/or CallRevu’s authorized licensors or vendors. Customer shall also be fully and solely responsible for complying with all applicable privacy laws and obtaining any required consents in connection with any Personal Information that is collected, stored, used or transmitted in the course of Customer using CallRevu’s Services. “Personal Information” includes any information that relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. Customer shall indemnify, defend and hold harmless CallRevu and its officers, directors, employees, affiliates, agents, and contractors, from and against any third-party claims, demands, suits, judgments, costs, expenses, losses and liabilities, including, without limitation, reasonable attorneys’ fees (collectively, “Claims”), to the extent any Claims arise out of or relate to Customer’s noncompliance, or CallRevu’s noncompliance to the extent CallRevu’s noncompliance arises out of an act or omission by the Customer, with any laws related to Biometric Data or Personal Information for any Services related to this Agreement. CallRevu reserves the right to select its own legal counsel for any such Claims.
10.3. Compliance. To facilitate Customer’s compliance with its obligations under law:
10.3.1. CallRevu will protect and store Biometric Data in accordance with applicable standards and laws and will use such data solely for the purposes outlined herein.
10.3.2. CallRevu’s software collects, stores, and uses Biometric Data solely to identify Customer personnel as the speaker on calls that are monitored by the Services, for the purpose of providing superior call analytics to the Customer.
10.3.3. CallRevu will not sell, lease, trade, or otherwise profit from Biometric Data; provided, however, that CallRevu may be paid for the provision to the Customer of the Services that utilizes such Biometric Data.
10.4. Disclosure. CallRevu will not disclose or disseminate any Biometric Data other than as needed to provide the Services without/unless:
10.4.1. First obtaining written individual consent to such disclosure or dissemination; or
10.4.2. Disclosure is required by federal, state or local municipal laws; or
10.4.3. Disclosure is required pursuant to a valid order, warrant or subpoena issued by a court of competent jurisdiction.
10.5. Retention. CallRevu shall retain Biometric Data only until, and shall request that Customer permanently destroys such data when, the first of the following occurs:
10.5.1. The initial purpose for collecting or obtaining such Biometric Data has been satisfied, such as the termination of the Customer’s use of the Services; or
10.5.2. Within 3 years of the individual’s last interaction with CallRevu.
10.6. Protection and Storage. CallRevu will use a reasonable standard of care to store, transmit and protect from disclosure any Biometric Data. Such storage, transmission, and protection from disclosure will be performed in a manner that is consistent with the manner in which CallRevu stores, transmits and protects from disclosure other confidential and sensitive information, including personal information that can be used to uniquely identify an individual or an individual’s account or property.
11. No Warranty; Limitation of Liability.
11.1. CallRevu may modify, suspend, or discontinue the offering of the Business Intelligence Services at any time for any reason upon providing the Customer with advance written notice.
11.2. CallRevu uses electronic and physical security to reduce the risk of improper access to, or manipulation of, data during transmission and storage of data, and the CallRevu cannot guarantee the security or safe-keeping of such data. The CallRevu is not liable for breaches of security or safe-keeping of data, and shall have no liability for (i) breach of the security or safe-keeping of data, (ii) any third-party interception of data, (iii) any damages to the Customer’s computer or other property by Customer’s use of the Business Intelligence Services.
11.3. CallRevu shall use commercially reasonable efforts to make access to the Business Intelligence Services available through CallRevu’s customary protocols but makes no representation, warranty or guarantee that (i) the Business Intelligence Services will be available at any specific time, or (ii) that the Customer will be able to access the Business Intelligence Services at any particular time or from any particular location.
11.4. CallRevu is not liable for the acts or omissions of any third-party that furnish a portion of the Business Intelligence Services or participate in the Business Intelligence Services including, but not limited to, communications carriers or internet service providers. CallRevu is also not liable for equipment that it does not furnish or for damages that result from the operation of the Customer-provided systems, equipment, facilities, or services that are interconnected with (or used as part of) the Business Intelligence Services.
11.5. While, CallRevu strives to provide complete and accurate transcriptions, Customer acknowledges and agrees that due to the many variables involved in the process of converting audio recordings to text, there may be times when portions of audio are unclear or missing, a call designated as “do not transcribe” is mistakenly transcribed, or errors are made in the transcription. CallRevu does not guarantee that transcriptions will be error-free, and CallRevu disclaims all liability resulting from such errors. Upon discovery that a call designated as “do not transcribe” was inadvertently transcribed, CallRevu shall immediately destroy such transcription.
11.6. Regardless of the cause or the form of action, CallRevu’s aggregate maximum liability arising out of or related to the Agreement shall not exceed the total amount paid by Customer hereunder during the month in which the action arises.
11.7. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE BUSINESS INTELLIGENCE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, CALLREVU DOES NOT WARRANT THAT THE USE OF THE BUSINESS INTELLIGENCE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, INCLUDING, BUT NOT LIMITED, TO ANY INTERRUPTIONS TO SUCH SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HACKING”) NOR SHALL CALLREVU BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN CUSTOMER’S ACCOUNT, REGARDLESS OF THE CAUSE NOR TRANSCRIPTION ERRORS OR OMMISSIONS, INADVERTENT TRANSCRIPTIONS OF CALLS DESIGNATED AS “DO NOT TRANSCRIBE” OR DISRUPTIONS IN PHONE OR OTHER COMMUNICATION SERVICES. FURTHERMORE, CALLREVU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BUSINESS INTELLIGENCE SERVICES OR THAT SAID BUSINESS INTELLIGENCE SERVICES WILL MEET ANY OF THE CUSTOMER’S SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE. CALLREVU MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE BUSINESS INTELLIGENCE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CALLREVU SHALL NOT BE LIABLE TO THE CUSTOMER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF CUSTOMER’S USE OF THE BUSINESS INTELLIGENCE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, CALLREVU IS NOT RESPONSIBLE FOR THOSE COSTS. CALLREVU’S TOTAL LIABILITY ARISING OUT OF THE CUSTOMER’S USE OF THE BUSINESS INTELLIGENCE SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY FEE PAID BY THE CUSTOMER TO CALLREVU HEREUNDER.
12. Indemnification. The Customer agrees to indemnify, defend and hold CallRevu, and its subsidiaries and affiliates, and its and their members, directors, officers, employees, agents and business partners, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable expert and attorneys’ fees), arising out of or in connection with any claim arising from the Customer’s use of the Business Intelligence Services or CallRevu’s trademarks and intellectual property rights in a manner not authorized by the Agreement or in violation of applicable law.
13. Force Majeure. CallRevu shall not be liable for any failure or delay in performing its obligations hereunder, which failure or delay is due to downtime of any telecommunications line or systems or any unavailability of any telecommunications or internet services, power failure, pandemic, governmental restrictions, court order or order of any governmental authority, compliance with any law, statute, rule or regulation, or other causes beyond the reasonable control of the CallRevu. Further, CallRevu shall be excused from performance in the event it is unable to acquire from its customary sources and on terms reasonable in CallRevu’s discretion, any material necessary for the performance or providing of the Business Intelligence Services.
14. Confidential Information.
14.1. CallRevu and Customer agree that CallRevu shall maintain the content of all calls recorded and transcribed under the Agreement, including nonpublic personal information (the “Confidential Information”) in strict confidence and shall not disclose such Confidential Information, in whole or in part, to any third party other than to Customer and its members, officers, directors, employees, agents and other representatives who need to know or must have knowledge of the Confidential Information to provide the services to the Customer and comply with the Agreement. For the purposes of complying with the obligations of the Agreement, each party agrees that it will use such measures and care to protect Confidential Information as it accords its own confidential information but in no event less than commercially reasonable measures and care. The disclosure of Confidential Information may be made if it is in response to a valid order of a court or other governmental body or agency of the United States of America or any political subdivision thereof. CallRevu expressly retains the right to aggregate data for any purposes it requires to the extent permitted by law.
14.2. Notwithstanding the foregoing confidentiality provisions, the Customer authorizes CallRevu, in CallRevu’s sole discretion, to provide all recorded information to any third-party service provider for the purposes of call analytics and redaction of personally identifiable information. The Customer acknowledges that any third-party service provider may receive confidential and proprietary information concerning the Customer; however, the Customer authorizes this transfer of information by CallRevu to any third-party service provider to improve and facilitate the Business Intelligence Services provided by CallRevu to the Customer. CallRevu shall not be liable to the Customer for any violation or misuse of Confidential Information by a third-party service provider.
15. Notice. All notices, demands and other communications to be given or delivered under the Agreement shall be in writing and be to have been delivered (i) by email with a copy sent by certified mail return receipt requested, or (ii) delivered by over-night messenger service (FedEx). All notices, demands and other communications shall be sent to the address set forth in the Services Agreement. Each party shall provide the other party with written notice of any change of address.
16. Assignment. The Customer shall have no right to assign, transfer, or sub-license any of its rights or obligations under the Agreement without the express prior written consent of CallRevu. CallRevu may assign the Agreement, or its rights and obligations thereunder, without prior written notice to the Customer.
17. Arbitration; Governing Law. CallRevu and the Customer agree that any and all questions and disputes arising under the Agreement shall be submitted to binding arbitration in Baltimore County, Maryland in accordance with the rules and regulation of the American Arbitration Act. The non-prevailing party shall reimburse the prevailing party for all expenses incurred, including but not limited to reasonable attorneys’ fees and arbitration costs. The binding arbitration shall be governed by and construed in accordance with the laws of the State of Maryland, without reference to any conflict of laws principles.
18. Severability. Should any provision of this Agreement be held to be unenforceable, that provision will be enforced to the maximum extent permissible under Maryland law, and the remaining provisions of this Agreement shall remain in full force and effect.
19. Entire Agreement. The Agreement contains the complete and entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings, proposals, discussions, and negotiations of any kind. The Agreement may not be amended unless in writing and signed by both parties, except as specifically provided for under the Agreement.
20. CallRevu’s Privacy Policy. The Business Intelligence Services are provided subject to the provisions of CallRevu’s Privacy Policy, as applicable, available at https://www.callrevu.com/privacy.