Terms of Service

CallKeepsake lets you record a voice message, choose the people you want to reach and a time, and have us place a phone call that plays your message and records a reply. Replies may be transcribed automatically. Recordings and transcripts are stored in your account so you can replay and download them.

You must be at least 18 years old and able to form a binding contract to create an account. You are responsible for keeping your sign-in credentials secure and for everything that happens under your account. You must provide accurate information and keep it current. We may refuse, suspend, or terminate accounts at our discretion.

You, not CallKeepsake, decide whom to call. By adding a phone number you represent and warrant that:

• You have the right to contact that person at that number, and you reasonably believe they would welcome a call from you.
• You are not using the Service for telemarketing, advertising, political or charitable solicitation, debt collection, or any commercial purpose, and you are not calling numbers on any do-not-call list for such purposes.
• You will comply with all laws that apply to calling and recording, including the Telephone Consumer Protection Act, state call-recording and consent laws, and any laws of the recipient's jurisdiction.
• You will not use the Service to harass, threaten, deceive, impersonate, or harm anyone, to contact someone who has asked you not to, or to call emergency services.

Recipients are told during the call that their reply is recorded and shared with you. You agree to honor any request from a recipient to delete their reply or to stop contacting them.

You own the recordings you make. Recipients own what they say. By using the Service you grant CallKeepsake a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, transcribe, play, and display your content and recipients' replies solely to operate, secure, and improve the Service and as otherwise described in our Privacy Policy. This license lasts as long as the content is stored with us plus a reasonable period for backups. You represent that you have all rights needed to grant this license and that your content does not infringe anyone's rights or violate any law.

We do not monitor content, but we may remove content or suspend accounts that we believe violate these Terms, without notice and without liability to you.

You agree not to: reverse engineer, scrape, or overload the Service; use automated means to create accounts or place calls; circumvent limits or security; use the Service to send spam or unlawful content; misrepresent who you are; or resell the Service without our written permission. We may set and change limits on recordings, recipients, calls, and storage at any time.

If you opt in to our SMS program by texting our keyword or entering your number, you agree to receive recurring automated transactional text messages from CallKeepsake (call reminders, delivery updates, and reply notifications). Message frequency varies, up to 4 messages per month. Message and data rates may apply. Reply STOP to cancel and HELP for help. Consent is not a condition of any purchase. Carriers are not liable for delayed or undelivered messages. See our SMS program details and Privacy Policy.

Parts of the Service are offered free of charge and we may introduce, change, or discontinue paid features, prices, and free allowances at any time. Fees for paid features are stated at the time of purchase, are billed in advance, and are non-refundable except where required by law. You are responsible for any carrier or data charges you or recipients incur.

Phone calls and text messages depend on carriers, networks, devices, and third-party providers we do not control. We do not guarantee that any call will be placed at the exact scheduled time, will connect, will be answered, will reach voicemail, or that any reply will be recorded, transcribed accurately, or stored. Transcripts are automated and may contain errors. The Service must not be used for emergency, time-critical, medical, legal, or safety communications.

We will make reasonable efforts to keep your keepsakes available while your account is active, but we are not a backup service and have no obligation to retain content. You are responsible for downloading anything you want to keep. We may delete content from inactive accounts, after account deletion, or as described in our Privacy Policy.

The Service, including its software, design, text, graphics, logos, and the CallKeepsake name, is owned by CallKeepsake and its licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-transferable license to use the Service for personal, non-commercial purposes in accordance with these Terms. All rights not expressly granted are reserved. Feedback you send us may be used without obligation to you.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT CONTENT WILL NOT BE LOST. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, CALLKEEPSAKE AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, RECORDINGS, PROFITS, GOODWILL, OR OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM OR FIFTY U.S. DOLLARS ($50).

You will defend, indemnify, and hold harmless CallKeepsake and its owners, employees, contractors, and providers from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your content, the people you choose to call, your breach of these Terms, or your violation of any law or the rights of any person, including call-recording and consent laws.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without notice, for any reason, including a suspected violation of these Terms. Sections that by their nature should survive termination (including 4, 8, and 10 through 17) will survive.

Please read this section carefully. It affects your legal rights.

You and CallKeepsake agree to first try to resolve any dispute informally by emailing hello@callkeepsake.com. If we cannot resolve it within 60 days, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court. The Federal Arbitration Act governs this section.

You and CallKeepsake each waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative proceeding. The arbitrator may award relief only to the individual party seeking it. If this class action waiver is found unenforceable, this entire arbitration section is void.

You may opt out of arbitration by emailing hello@callkeepsake.com within 30 days of first accepting these Terms, stating that you want to opt out of arbitration.

These Terms are governed by the laws of the State of Tennessee and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to Section 15, any court proceeding will be brought exclusively in the state or federal courts located in Hamilton County, Tennessee, and you consent to their jurisdiction.

These Terms, together with the Privacy Policy, are the entire agreement between you and CallKeepsake about the Service. If any provision is held unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them freely. We may update these Terms by posting a new version at https://www.callkeepsake.com/terms with a new effective date; continued use after that date means you accept the changes. Notices to you may be sent to your account email.

CallKeepsake · hello@callkeepsake.com