Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of Custral’s website, applications, API, and services (the “Services”). By creating an account or using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you agree on its behalf and represent that you have authority to do so, and “you” refers to that organization. “End Users” means the people you communicate with or manage using the Services, such as your customers, prospects, and contacts.

• You must be a human of legal age to form a binding contract; accounts created by bots are not permitted.
• You must provide accurate and complete information and keep it up to date.
• You are responsible for keeping your credentials secure, for all activity under your account, and for the conduct of the users you invite. Notify us promptly of any unauthorized use.

You agree not to use the Services to:

• Break the law or infringe anyone’s rights;
• Send unlawful, deceptive, harassing, or infringing content, or content prohibited by our providers (for example fraud, phishing, malware, or, for messaging, adult, hate, or illegal content);
• Upload malware, or probe, scan, or breach security or authentication measures;
• Reverse engineer, scrape, overload, or misuse the Services, or resell them without our authorization;
• Submit protected health information, full payment-card numbers, government identification numbers, or other specially regulated or sensitive data, unless we have agreed to it in writing;
• Build a competing service using the Services, or use them for high-risk activities where failure could lead to death, injury, or serious harm.

We may suspend or terminate access for violations of this section.

When you use Custral to send messages, place calls, or record conversations, you are the sender and are responsible for complying with all applicable laws and carrier requirements, including the U.S. Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, application-to-person (A2P 10DLC) registration and carrier rules, Do-Not-Call rules, and their equivalents where you operate.

• Obtain the consent required before contacting a recipient, and keep records of it;
• Honor opt-out and unsubscribe requests promptly (for example STOP for messaging);
• Do not send content prohibited by carriers or law;
• Where you record or monitor calls, obtain any consent your jurisdiction requires — some require the consent of all parties.

Custral provides tools to help (such as opt-out handling and recording notices), but compliance is your responsibility. Carrier, telephony, and messaging fees are passed through and may change. We may suspend messaging or calling that appears to violate these rules or that carriers flag.

Phone numbers and messaging capabilities are provisioned through our telephony provider and are subject to that provider’s and the carriers’ terms and registration requirements. You do not own a number assigned to your account, and numbers may be reclaimed if unused, unpaid, or non-compliant. Number porting, availability, and regulatory registration (such as brand and campaign registration) are subject to those providers’ processes and fees.

You retain all rights to the content, data, and materials you submit to or generate within the Services (“Customer Content”). You grant Custral a worldwide, non-exclusive license to host, store, process, transmit, and display Customer Content solely as needed to provide and improve the Services, including sending relevant content to the subprocessors described in our Privacy Policy to power features you enable (such as AI features).

As between you and Custral, you are the controller of your End Users’ personal data and Custral is the processor. You represent and warrant that you have all rights, lawful bases, and consents necessary for us to process Customer Content on your behalf, that you provide any privacy notice your End Users are entitled to, and that you have any consents required for recording, messaging, and enrichment. You are responsible for Customer Content and for how you use the Services.

Some features use machine-learning models to generate output. That output may be inaccurate, incomplete, or unsuitable for your purpose, and similar output may be generated for other customers. You are responsible for reviewing output before relying on it, and you must not use AI features for any purpose that is unlawful or prohibited by these Terms. As between you and Custral, you own the inputs you provide and, to the extent permitted by law and our providers’ terms, the outputs generated for you. AI and communications features consume usage or credits under your plan. Custral does not use your Customer Content to train its own AI models, and where you use AI to communicate with or make decisions about people, you are responsible for any disclosure or human review your local law requires — including telling people when they are interacting with an AI.

The Services, including their software, design, and the Custral name and logo, are owned by Custral and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Services in accordance with these Terms. If you give us feedback, you grant us a license to use it without restriction or obligation.

The Services let you connect third-party services (for example email, calendar, telephony, payments, and other integrations). Your use of those services is governed by their own terms, and we are not responsible for them. Certain third-party costs (such as telephony, messaging, and payment-processing fees) are passed through to you. You can disconnect an integration at any time.

If you use our API, SDK, MCP server, or webhooks, you must keep your API keys and secrets secure, stay within published rate limits, and not use them to scrape, overload, or reverse engineer the Services or to build a competing product. You are responsible for anything done with your keys and for the endpoints you configure to receive webhooks. We may change, deprecate, or rate-limit the API with reasonable notice for material changes.

• Paid plans are billed in advance on a recurring basis and, unless stated otherwise, are non-refundable except where required by law.
• Some features (such as AI, calling, and messaging) are metered and consume credits or incur usage-based charges; credits and telephony pass-through costs may apply, and unused credits may expire.
• Fees are exclusive of taxes, which you are responsible for.
• If a payment fails, is overdue, or is charged back, we may suspend or downgrade your account.
• Free trials, if offered, convert to a paid plan unless you cancel, and we may change trial terms.
• We may change prices; for existing subscriptions we will give at least 30 days’ notice of an increase.

We may offer features labeled beta, preview, or similar. They are provided “as is,” may change or be removed, and are not covered by any service commitment.

We are continually improving the Services and may add, change, or discontinue features. If we discontinue a material feature, we will make a reasonable effort to notify you.

We work to keep the Services available and secure, but except as expressly agreed in writing (for example in an enterprise service-level agreement), we do not guarantee any particular level of availability, and the Services are provided on an “as available” basis. Support is provided according to your plan, and current service status is posted on our status page.

We may suspend or limit your access to all or part of the Services if your account is overdue, if we reasonably believe you are violating these Terms or the law, if your use poses a security risk or risk of harm to Custral, other users, or third parties, or if a provider or carrier requires it. Where practical, we will give notice and an opportunity to resolve the issue.

You may cancel at any time from within the Services. On cancellation, your right to use the Services ends and, after a 30-day window during which you can export your data, your Customer Content is deleted — so export anything you want to keep first. We may suspend or terminate your account if you materially breach these Terms, fail to pay, or use the Services in a way that risks harm to Custral or others, or as required by law. Terms that by their nature should survive termination (such as ownership, disclaimers, liability limits, and indemnities) will survive.

To the maximum extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, Custral will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill. Our total liability arising out of or relating to the Services will not exceed the greater of the amounts you paid us in the twelve months before the event giving rise to the liability, or one hundred U.S. dollars.

You will defend, indemnify, and hold harmless Custral from claims, damages, and expenses arising out of your Customer Content, your End Users’ data, your use of the Services, or your violation of these Terms or of applicable law — including laws governing messaging, calling, and call recording.

Each party will protect the other’s confidential information. Our processing of personal data is described in our Privacy Policy and, for business customers, governed by our Data Processing Addendum, available on request. As between the parties, you are the controller of Customer Content and Custral is the processor.

We respect intellectual-property rights. If you believe content on the Services infringes your copyright, send a notice with enough detail to identify the work and the material to support@custral.com. We respond to valid notices and may remove infringing content and terminate repeat infringers.

You represent that you are not located in, and will not use the Services in, a country or by a party subject to applicable trade sanctions or export-control restrictions, and that you will comply with those laws when using the Services.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and you and Custral submit to the exclusive jurisdiction of the state and federal courts located in Delaware, except where applicable law grants you the right to bring a claim elsewhere.

We may identify you as a Custral customer and use your name and logo in our marketing, such as on our website and in customer lists. If you would prefer we did not, email support@custral.com and we will stop.

These Terms, together with any policies referenced here, are the entire agreement between you and Custral regarding the Services. You may not assign them without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control. We may update these Terms from time to time; if we make material changes we will provide notice, and your continued use of the Services means you accept the updated Terms.

Questions about these Terms? Contact us at support@custral.com.