Terms of Service

1. Business Use and Eligibility

zCallMagic is primarily a business-to-business platform. Customer represents that it is legally capable of entering into this agreement, has authority to act for the identified organization, will keep its account and business information accurate, and will use the Services only for lawful business purposes. These Terms also apply to sole proprietors and other legally recognized organizations.

2. Account Registration and Security

Customer is responsible for accurate account information, protecting passwords and credentials, controlling authorized users, all activity under its account, promptly reporting suspected unauthorized access, and maintaining current administrator and billing contacts.

zCallMagic may reasonably require identity or business verification. Requested information may include legal business name, address, registration or tax-identification information, website, business email, authorized-representative information, or supporting documents. Not every item is required in every case.

3. Description of Services

The Services may include contact and campaign management; text, voice, email, and OTT or business messaging; appointment, reminder, calendar, and workflow automation; AI-assisted functionality; phone numbers and communication resources; APIs; reporting; analytics; billing; account management; and other current or future communication and automation capabilities.

Features depend on Customer's plan, configuration, jurisdiction, eligibility, and service availability. zCallMagic may modify, add, discontinue, or replace features subject to applicable contractual obligations.

4. Customer Data and Contact Lists

Customer retains responsibility for data submitted to the Services and represents that it has the lawful right to collect, upload, store, process, use, and communicate with recipients associated with that data. Customer is also responsible for data submitted by its employees, contractors, administrators, integrations, and authorized users.

• Customer may not use stolen, unlawfully scraped, harvested, fraudulently obtained, or otherwise unauthorized contact information.
• Customer may not use purchased or rented contact lists unless Customer can demonstrate that each recipient provided legally sufficient consent specifically covering communications from Customer; improperly purchased lists are prohibited.
• Customer must maintain the accuracy and lawfulness of its contact lists and suppression records.

6. Messaging & Communications Compliance Agreement

Customer's use of communication functionality is additionally governed by the zCallMagic Messaging & Communications Compliance Agreement, which is incorporated into these Terms by reference.

zCallMagic may require acceptance or re-acceptance of updated compliance terms before enabling or continuing communication functionality.

Read the public Messaging & Communications Compliance page.

7. Communication Laws and Requirements

Customer is responsible for complying with all applicable telephone, text-message, automated-calling, artificial or prerecorded voice, email-marketing, consumer-protection, privacy, Do-Not-Call, telecommunications, identification, opt-out, advertising, carrier or network, and industry messaging requirements, including state, federal, and international requirements where applicable. This list is not exhaustive. zCallMagic provides technology, not legal advice, and does not guarantee Customer's compliance.

8. Opt-Outs, Unsubscribes, and Revocation

Customer must honor recipient opt-out, unsubscribe, and revocation requests. Customer may not circumvent opt-out functionality, knowingly contact suppressed recipients without valid renewed authorization, re-import recipients to bypass suppression, or manipulate lists to evade compliance controls. zCallMagic may automatically process or enforce certain opt-outs, but Customer remains responsible for its overall compliance.

9. Communication Content

Customer is solely responsible for communications created, uploaded, generated, selected, approved, scheduled, or transmitted through its account, including required disclosures, identification, terms, disclaimers, and opt-out instructions.

• Content may not be illegal, fraudulent, deceptive, misleading, abusive, threatening, harassing, defamatory, infringing, malicious, unlawfully discriminatory, or designed to facilitate fraud or unlawful activity.
• Content must comply with these Terms, applicable zCallMagic policies, and legal and network requirements.

10. AI-Assisted Features

zCallMagic may provide AI-assisted functionality for product guidance, drafting, rewriting, translation, summarization, and other user-requested productivity features. AI-generated or AI-assisted output may contain inaccuracies, omissions, inappropriate language, or other errors.

Customer is responsible for reviewing, approving, and determining the suitability of AI-assisted content before sending or relying upon it and may not rely on it as legal, financial, medical, regulatory, or other professional advice. Use of AI-assisted functionality does not transfer responsibility for communication content, recipient consent, or legal compliance from Customer to zCallMagic.

zCallMagic's AI-assisted functionality is separate from Google Workspace integrations. Google Workspace API user data is not used to create, train, or improve generalized or foundational AI/ML models.

11. Phone Numbers and Communication Resources

Customer may obtain or reserve eligible numbers and communication resources through zCallMagic or connect eligible resources it controls. Resources may be subject to registration, verification, availability, geographic, usage, network, and regulatory requirements.

zCallMagic may assist with configuration, registration, verification, or activation, but that assistance is not legal approval and does not guarantee acceptance. Unless expressly transferred under a separate written agreement, resources made available through zCallMagic remain subject to the applicable service arrangement and are not guaranteed to remain permanently available.

12. Registration and Verification

Customer must provide accurate information for communication registrations and authorizes zCallMagic to use and submit that information as reasonably necessary to verify identity, register or configure services, obtain or maintain approvals, and respond to compliance inquiries. Customer remains responsible for accuracy. Registrations may be delayed, rejected, suspended, revoked, or require additional information, and zCallMagic does not guarantee approval.

Registration, verification, or activation of a number, sender identity, brand, or campaign does not constitute recipient consent, does not validate Customer's contact list, and does not relieve Customer of its obligation to maintain customer-specific consent evidence.

13. Filtering, Blocking, and Delivery

zCallMagic does not guarantee message or email delivery, call completion, inbox placement, delivery time, registration approval, caller-ID presentation, message acceptance, prevention of filtering, number availability, or continued resource availability. Communications may be filtered, delayed, rejected, rate-limited, blocked, quarantined, or suspended because of factors outside zCallMagic's reasonable control.

14. Customer-Caused Number or Service Blocking

If Customer's conduct causes a number, sender identity, account, domain, registration, communication resource, or service to be blocked, suspended, disabled, penalized, terminated, or otherwise impaired, Customer is responsible, to the extent permitted by applicable law and the applicable agreement, for reasonable direct costs attributable to Customer's activity. These may include replacement costs, registration or re-registration fees, network assessments, compliance remediation, and reasonable investigation expenses.

15. Third-Party and Connected Services

Customers may optionally connect supported third-party services, such as calendar systems, to enable automation features. Connected-service data is used subject to the permissions granted by Customer and applicable privacy and data-use requirements.

The Services may interoperate with independent communication networks, telecommunications and email services, payment services, calendar systems, cloud infrastructure, authentication or AI services, business applications, and other integrations. Customer's use may be subject to third-party terms.

zCallMagic is not responsible for independent third-party outages, policy changes, restrictions, suspensions, discontinuation, or acts outside its reasonable control and may modify or discontinue an integration when changes to a third-party service require it.

16. Calendar and Connected Account Integrations

Users may authorize zCallMagic to access supported connected accounts based on permissions approved by Customer. Connected data may be used for appointment monitoring, scheduling, notifications, automation, synchronization, or other requested functionality. Customer may disconnect supported integrations. API access may stop if authorization expires or is revoked or a connected service changes its API; continuous availability is not guaranteed.

17. APIs

Customer must protect API credentials, may not expose them publicly, and is responsible for activity and communications initiated through them. Rate limits and versioning requirements may apply. Abuse may result in restriction or suspension, and zCallMagic may rotate or revoke compromised credentials. API behavior may change according to applicable published migration or deprecation practices.

18. Subscriptions and Billing

Charges may include monthly or annual subscriptions, pay-as-you-go or usage-based charges, prepaid balances, one-time charges, setup fees, add-ons, overages, resource rental, or other agreed charges. Actual pricing appears in the applicable pricing page, checkout, order form, account, subscription agreement, or purchase documentation. Customer authorizes the disclosed charges.

19. Usage-Based Charges

Usage charges may be based on message segments, messages, emails, voice minutes, calls, AI usage, storage, communication resources, API usage, or other metered services. A single visible text message may consist of multiple billable segments depending on length, encoding, characters, media, destination, or network rules.

Usage measurements maintained by zCallMagic and supporting service systems will be used to calculate charges, subject to correction of demonstrable billing errors.

20. Platform and Service Fees

zCallMagic may apply platform, service, usage, communication, administrative, registration, or resource-rental fees as disclosed in the applicable plan, pricing documentation, checkout, order form, or agreement.

21. Taxes

Customer is responsible for applicable transaction taxes, assessments, duties, levies, and similar charges, excluding taxes based on zCallMagic's net income. Where legally required, zCallMagic may add applicable taxes to Customer's charges. Customer must provide accurate billing and tax information.

22. Automatic Renewal

Recurring subscriptions automatically renew for successive billing periods unless canceled using the applicable cancellation process. By purchasing an automatically renewing subscription, Customer authorizes recurring charges. Required renewal notices will be provided in accordance with applicable law.

23. Cancellation

Customer may cancel through available account controls or by contacting support when account-based cancellation is unavailable. Cancellation generally prevents future renewal but does not automatically refund amounts already incurred. Usage charges incurred before cancellation becomes effective remain payable.

24. Refunds and Credits

Refunds and credits are governed by the applicable plan, order form, subscription agreement, published refund policy, and applicable law. Usage-based charges already incurred are generally non-refundable unless a verified billing error occurred or applicable law requires otherwise.

25. Failed Payments

For failed or overdue payments, zCallMagic may retry payment, notify Customer, restrict paid functionality, suspend Services, and require outstanding balances before reactivation. Customer remains responsible for amounts properly incurred before suspension or termination.

26. Prepaid Balances

Where offered, prepaid balances may be applied to eligible usage charges. Expiration, transferability, and refund treatment are governed by the applicable plan or purchase terms and applicable law.

27. Fair Use and Rate Limits

zCallMagic may impose reasonable usage, rate, storage, recipient, campaign, API, or concurrency limits to protect reliability, security, legal compliance, and other customers.

28. Prohibited Use

Customer may not use the Services for unlawful, harmful, abusive, deceptive, or unauthorized activity, or in violation of applicable network requirements. A separate Acceptable Use Policy, where provided, is incorporated by reference.

• Spam, unlawful telemarketing, fraud, phishing, impersonation, harassment, malware, or illegal goods or services
• Unauthorized data collection or prohibited scraping
• Circumventing opt-outs, manipulating communication identity, or evading registration requirements
• Account sharing intended to evade restrictions, abusive traffic, or disruption of the Services
• Reverse engineering except where legally protected, or unauthorized security testing

29. Monitoring and Compliance Review

zCallMagic may investigate complaints, suspected fraud, unusual activity, excessive failures or opt-outs, security events, registration discrepancies, and suspected policy violations. Customer agrees to reasonably cooperate and may be asked for consent records, business or registration information, sample communications, opt-in procedures, or recipient-acquisition information. This does not mean zCallMagic continuously reviews every communication.

30. Suspension

zCallMagic may restrict or suspend some or all Services when reasonably necessary because of nonpayment, fraud, abuse, security risk, legal requirements, compliance concerns, unauthorized communications, excessive substantiated complaints, material breach, or false registration information. Where appropriate and legally permitted, zCallMagic may provide notice and an opportunity to cure, but immediate action may be necessary to protect recipients, networks, customers, or the Services.

31. Termination

Either party may terminate as permitted by the applicable plan, order form, or agreement. zCallMagic may terminate for uncured material breach, repeated violations, unlawful activity, prolonged nonpayment, or circumstances making continued service unlawful or materially risky. Upon termination, Customer's access ends and outstanding charges become due. Provisions that by their nature should survive—including payment, ownership, confidentiality, disclaimers, indemnification, liability limits, and dispute provisions—will survive.

32. Customer Data and Privacy

Each party will handle personal information in accordance with applicable law and its contractual obligations. zCallMagic's processing practices are described in the Privacy Policy. Customer instructs zCallMagic to process Customer Data as necessary to provide, secure, support, and improve the Services and fulfill Customer's configured actions.

Read the public zCallMagic Privacy Policy.

33. Intellectual Property and License

zCallMagic and its licensors retain all rights in the Services, software, documentation, designs, trademarks, and related technology. Subject to these Terms and payment of applicable fees, zCallMagic grants Customer a limited, nonexclusive, nontransferable, revocable right to access and use the Services for Customer's internal lawful business purposes during the applicable term.

Customer retains ownership of Customer Data and content, subject to the limited rights necessary for zCallMagic to host, process, transmit, display, and otherwise use it to provide and support the Services.

34. Feedback

If Customer provides suggestions or feedback, zCallMagic may use it without restriction or payment, provided zCallMagic does not identify Customer publicly as the source without authorization.

35. Confidentiality

Each party will use reasonable care to protect the other's nonpublic information identified as confidential or that reasonably should be understood as confidential, and will use it only to perform under the agreement. These obligations do not apply to information lawfully known without restriction, independently developed, publicly available through no breach, or rightfully received from another source. Required legal disclosure is permitted subject to legally allowed notice and protective measures.

36. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ZCALLMAGIC DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ZCALLMAGIC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR SUITABLE FOR CUSTOMER'S PARTICULAR LEGAL OR BUSINESS REQUIREMENTS. Nothing in these Terms excludes warranties that cannot legally be disclaimed.

37. Indemnification

To the maximum extent permitted by applicable law, Customer will defend, indemnify, and hold harmless zCallMagic and its affiliates, officers, directors, employees, and agents from third-party claims, damages, penalties, judgments, and reasonable costs and legal fees arising from Customer Data or content; Customer's communications or recipient practices; lack of legally sufficient consent; violation of law, network rules, these Terms, or third-party rights; or misuse of the Services by Customer or its authorized users.

zCallMagic will provide reasonable notice and cooperation, and Customer may control the defense, provided no settlement admits fault by or imposes nonmonetary obligations on an indemnified party without consent. This section does not require indemnification to the extent a claim was caused by zCallMagic's own unlawful conduct where liability cannot legally be shifted.

38. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZCALLMAGIC'S AGGREGATE LIABILITY ARISING FROM THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO ZCALLMAGIC FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY. These limits do not apply where prohibited by law and do not limit Customer's payment obligations or liabilities that cannot legally be limited.

39. Governing Law and Disputes

Unless an applicable order form states otherwise, these Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws principles. The parties will first attempt in good faith to resolve disputes through written notice and business discussions. Subject to applicable law, state and federal courts serving the Pittsburgh, Pennsylvania area will have exclusive jurisdiction, and each party consents to venue there.

40. Changes to These Terms

zCallMagic may update these Terms periodically. Material changes may be communicated by website or application notice, email, or another appropriate method. Updated Terms become effective on the stated date, subject to applicable law and contractual notice requirements. Continued use after the effective date constitutes acceptance where legally permitted.

41. General Terms

These Terms, incorporated policies, and applicable order forms constitute the agreement concerning the Services. If terms conflict, a signed order form controls for that transaction, followed by these Terms and then incorporated policies, unless stated otherwise. Customer may not assign the agreement without zCallMagic's consent except in connection with a permitted business transfer; zCallMagic may assign it in connection with a merger, reorganization, sale, or by operation of law. Failure to enforce a provision is not a waiver. Invalid provisions will be limited or severed to the minimum extent necessary. The parties are independent contractors. Neither party is liable for delay caused by events beyond its reasonable control, except payment obligations for Services already provided.

42. Contact Us

Questions about these Terms, cancellation, or account matters may be sent to support@solozenith.com. Website: https://zcallmagic.com/.

support@solozenith.com · zcallmagic.com