Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and CallbackHero GmbH ("Company", "we", "us", or "our") concerning your access to and use of our callback widget service and related services.

By accessing or using our service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the service.

2. Definitions

• "Service" refers to the CallbackHero callback widget platform and associated services
• "Widget" refers to the JavaScript code that displays the callback button on your website
• "Customer" or "you" refers to the individual or entity using our Service
• "End User" refers to visitors to your website who interact with the Widget
• "Content" refers to all data, text, information provided through the Service

3. Account Registration

3.1 Account Creation

To use our Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.3 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. By using our Service, you represent and warrant that you meet these requirements.

4. Service Description

CallbackHero provides a callback widget service that allows your website visitors to request immediate phone callbacks. Our Service:

• Displays a customizable widget on your website
• Collects visitor phone numbers with their consent
• Initiates phone calls connecting you with your visitors
• Provides analytics and reporting on widget performance
• Offers widget customization and configuration options

5. Acceptable Use

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service in a manner consistent with applicable laws and regulations.

5.2 Prohibited Activities

You agree not to:

• Use the Service for any illegal, fraudulent, or malicious activity
• Make unsolicited calls or spam contacts
• Violate any telemarketing regulations or do-not-call lists
• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any proprietary notices from the Service
• Use the Service to harass, abuse, or harm another person
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service or servers
• Use the Service in a way that could damage our reputation
• Resell or redistribute the Service without authorization

6. Payment Terms

6.1 Pricing

Current pricing is available on our website. We reserve the right to modify our pricing with 30 days' notice to existing customers. Price changes will not affect your current billing cycle.

6.2 Billing

Monthly plans are billed in advance on a recurring basis. Prepay plans are charged per minute based on actual usage. You authorize us to charge your payment method for all fees incurred.

6.3 Refunds

We offer a 30-day money-back guarantee for monthly plans. Call minutes used are non-refundable. Refunds are processed within 10 business days.

6.4 Late Payment

If payment fails, we may suspend your Service after reasonable notice. You remain liable for all outstanding fees plus any collection costs.

6.5 Taxes

All fees are exclusive of taxes. You are responsible for all sales, use, VAT, and other taxes except for taxes based on our net income.

7. Service Availability

7.1 Uptime

We strive to maintain 99.9% uptime but do not guarantee uninterrupted availability. The Service may be temporarily unavailable for maintenance or technical reasons.

7.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will not be liable for any modification, suspension, or discontinuation.

8. Intellectual Property

8.1 Our Rights

The Service, including all software, content, trademarks, and logos, is owned by CallbackHero and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service.

8.2 Your Content

You retain ownership of all content you provide through the Service. You grant us a license to use this content solely to provide the Service to you.

8.3 Feedback

If you provide feedback or suggestions, we may use them without obligation to you.

9. Data and Privacy

Our collection and use of personal information is described in our Privacy Policy. You agree to comply with all applicable privacy and data protection laws when using our Service.

You are responsible for obtaining necessary consents from End Users before collecting their information through our Widget.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR CALL QUALITY, NETWORK ISSUES, OR THIRD-PARTY SERVICE FAILURES

Some jurisdictions do not allow certain warranty exclusions, so some limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless CallbackHero and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of applicable laws or regulations

12. Term and Termination

12.1 Term

These Terms begin when you first use the Service and continue until terminated by either party.

12.2 Termination by You

You may terminate your account at any time through your dashboard. Termination takes effect at the end of your current billing period.

12.3 Termination by Us

We may suspend or terminate your access immediately if you violate these Terms or for any other reason with 30 days' notice.

12.4 Effect of Termination

Upon termination, your right to use the Service ends immediately. We may delete your data after 30 days. Sections that by their nature should survive termination will survive.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Germany, without regard to conflict of law principles.

13.2 Jurisdiction

Any disputes shall be resolved in the courts of Berlin, Germany. You consent to the personal jurisdiction of these courts.

13.3 Informal Resolution

Before filing any legal claim, you agree to contact us at legal@callbackhero.com to seek informal resolution.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CallbackHero regarding the Service.

14.2 Modifications

We may modify these Terms at any time. Material changes will be notified via email or dashboard notice 30 days in advance. Continued use after changes constitutes acceptance.

14.3 Waiver

Our failure to enforce any provision shall not constitute a waiver of that provision or any other provision.

14.4 Severability

If any provision is found unenforceable, the remaining provisions will remain in full force and effect.

14.5 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger or acquisition.

14.6 Force Majeure

We shall not be liable for any failure or delay due to circumstances beyond our reasonable control.

15. Contact Information

For questions about these Terms, please contact us: