Terms of Service

Effective date: September 23, 2026

These Terms of Service (“Terms”) are a legal agreement between you and Kirker Inc., doing business as CallTrackingServices (“CallTrackingServices,” “we,” “us,” or “our”), a company located in Tustin, California. They govern your access to and use of our website at calltrackingservices.com (the “Site”) and our call tracking software, tracking phone numbers, and related services (together, the “Service”). Please read them carefully.

1. Acceptance of These Terms

By creating an account, checking a box or clicking a button to accept these Terms, or using the Service, you agree to these Terms and to our Privacy Policy. If you are accepting on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” and “Customer” refer to that organization. If you do not agree, do not use the Service.

2. Eligibility and Business Use

The Service is intended for business and professional use only, not for personal, family, or household purposes. You must be at least 18 years old and able to form a binding contract to use the Service. You must provide accurate, complete, and current information when you register and keep it up to date, including your legal business name and contact details needed for carrier and messaging registrations.

3. The Service

The Service lets you measure and manage inbound calls, texts, and web leads generated by your marketing. Depending on your plan, features may include tracking phone numbers, dynamic number insertion using a JavaScript snippet installed on your website, call recording, transcription and AI-generated call summaries, SMS and text messaging, form tracking, reporting, and integrations with third-party tools such as Google Ads, Google Analytics 4, and CRM systems.

The Service is provided using technology and infrastructure from our call tracking platform provider and other third-party vendors and telecommunications carriers. We may change features from time to time.

4. Your Account and Security

You are responsible for all activity under your account, including activity by any users you invite. You agree to keep login credentials confidential, use strong passwords, limit access to authorized personnel, and notify us promptly at [email protected] if you suspect unauthorized access. We are not liable for losses caused by unauthorized use of your account resulting from your failure to protect your credentials. Unauthorized use may also result in usage charges, which remain your responsibility.

5. Your Compliance Responsibilities

You are solely responsible for how you use the Service and for ensuring that your use complies with all applicable laws, regulations, and carrier requirements. This includes, without limitation:

• Call recording consent. Laws about recording calls vary. Some states, including California, require the consent of all parties to a call. If you enable call recording or transcription, you are responsible for providing any required notices (for example, a recorded greeting stating that calls may be recorded) and obtaining any required consents.
• Telemarketing and texting laws. You must comply with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, state telemarketing and “mini-TCPA” laws, and Do Not Call rules, including obtaining any required prior express consent before sending texts or placing calls, and honoring opt-out requests such as “STOP.”
• Email laws. Any email you send in connection with the Service must comply with the CAN-SPAM Act and similar laws.
• Carrier registration. Business text messaging to U.S. numbers requires A2P 10DLC brand and campaign registration and compliance with carrier and industry guidelines, such as those of CTIA. You agree to provide accurate registration information and to use messaging only for your registered use cases. Carriers may filter, block, or charge fees for messages, and we are not responsible for carrier decisions.
• Website visitor privacy. If you install our tracking snippet on your website, you are responsible for disclosing that tracking in your own privacy policy and obtaining any consent required by applicable privacy or cookie laws.
• Privacy laws. You are responsible for complying with privacy laws that apply to the personal information of your callers, texters, and website visitors, including responding to their privacy requests. We will provide reasonable assistance as your service provider.

6. HIPAA and Sensitive Information

The Service is not a HIPAA-compliant service by default. Unless we have signed a Business Associate Agreement (“BAA”) with you, you must not use the Service to create, receive, maintain, or transmit protected health information (PHI) as defined under HIPAA. You also must not use the Service to collect or store payment card numbers, Social Security numbers, or other highly sensitive information, including by capturing such information in call recordings or transcripts, unless we have agreed otherwise in writing. You are responsible for any consequences of submitting such information in violation of this Section.

7. Acceptable Use

You agree not to use the Service, or allow anyone else to use it, to:

• Send spam, unsolicited bulk messages, or messages to people who have not consented to receive them.
• Make robocalls, use autodialers or prerecorded messages in violation of law, or engage in “snowshoeing,” number cycling, or other practices designed to evade carrier filters.
• Engage in fraud, phishing, spoofing, harassment, threats, or deceptive practices, or impersonate any person or organization.
• Promote illegal products or services, or content prohibited by carrier policies, such as certain high-risk financial offers, illegal drugs, or hate speech.
• Record or monitor calls without legally required notice or consent.
• Infringe or misappropriate anyone’s intellectual property, privacy, or publicity rights.
• Upload or transmit malware or interfere with or disrupt the Service, its infrastructure, or other customers’ use.
• Attempt to gain unauthorized access to the Service or other accounts, or probe, scan, or test the vulnerability of the Service without our permission.
• Reverse engineer, copy, resell, sublicense, or create derivative works of the Service, except as expressly permitted by us in writing.

We may remove content, block messages or calls, or suspend numbers or accounts that we reasonably believe violate this Section.

8. Fees, Billing, and Taxes

Plans and pricing. Fees for the Service are described on our pricing page or in your order. Plans generally include a recurring monthly subscription fee plus usage-based charges, such as for tracking numbers, call minutes, text messages, call recording, transcription, AI features, and carrier or registration fees.

Billing. Subscription fees are billed in advance at the start of each billing period. Usage charges are billed monthly in arrears based on your actual usage during the prior period, as measured by our systems. You authorize us and our payment processor, Stripe, to charge your payment method on file for all fees when due. Payment card information is collected and stored by Stripe, not by us.

Taxes. Fees do not include taxes. You are responsible for all applicable sales, use, telecommunications, regulatory, and similar taxes, fees, and surcharges related to your purchase, other than taxes on our net income.

Price changes. We may change our prices and usage rates. We will give you at least 30 days’ notice of any increase to your subscription fee or usage rates, and the new price will apply starting with your next billing period after the notice period. Carrier pass-through fees may change with less notice when imposed by carriers.

Disputes. If you believe a charge is incorrect, contact us within 60 days of the charge and before initiating a chargeback.

9. Automatic Renewal

Your subscription renews automatically each month for another monthly billing period, and your payment method will be charged the then-current subscription fee plus any usage charges, until you cancel. By subscribing, you authorize these recurring charges. You can cancel at any time as described in Section 10.

10. Cancellation

You may cancel your subscription at any time through the account portal. Cancellation takes effect at the end of your current billing period, and you will continue to have access to the Service until then. Except where required by law, we do not provide refunds or credits for partial months, unused numbers, or unused features. Usage charges incurred through the effective date of cancellation remain due and will be billed after cancellation.

Tracking numbers after cancellation. When your account is canceled or terminated, your tracking numbers may be released back to the carrier or number pool. Released numbers are not guaranteed to be recoverable. If you want to keep a number, you must request to port it out before cancellation takes effect (see Section 11).

Data after cancellation. You should export any reports, call recordings, and other data you want to keep before cancellation takes effect. We may delete your data after cancellation, and we do not guarantee that it can be recovered.

11. Phone Numbers and Porting

Tracking numbers are provided to you for use with the Service and are subject to carrier and regulatory rules. You do not acquire ownership of a number beyond any rights granted by law. If you want to transfer (“port out”) a number to another provider, contact us while your account is active and in good standing. We will reasonably cooperate with valid port-out requests, subject to carrier rules, availability, and payment of any amounts owed. Some numbers, such as certain toll-free or specialty numbers, may not be portable.

12. Suspension and Termination

Past-due accounts. If any payment is not received when due, we may suspend your access to the Service, including call routing, messaging, and tracking, if the amount remains unpaid 7 days after the due date. Unpaid accounts may be terminated, and tracking numbers on terminated accounts may be released.

Other suspension. We may suspend all or part of the Service immediately, with or without notice, if we reasonably believe that your use violates these Terms or the law, poses a security risk, may harm us, carriers, or others, or has been flagged by a carrier or regulator.

Termination. We may terminate these Terms or your account for material breach, including repeated or serious violations of Section 5 or Section 7, or on 30 days’ notice for any other reason. If we terminate for convenience and not for your breach, we will refund any prepaid subscription fees for the period after termination.

Effect of termination. Upon termination, your right to use the Service ends, and all unpaid fees become immediately due. Sections that by their nature should survive termination will survive, including those covering fees owed, customer data, intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

13. Customer Data

Ownership. As between you and us, you own the data you and your callers, texters, and website visitors submit through the Service, including call records, recordings, transcripts, messages, form submissions, and website session data (“Customer Data”).

License to us. You grant us and our call tracking platform provider and other service providers a non-exclusive, worldwide license to host, copy, process, transmit, and display Customer Data as needed to provide, maintain, secure, and improve the Service, to comply with law, and as otherwise described in our Privacy Policy.

Your responsibilities. You are responsible for the accuracy, legality, and content of Customer Data, and you represent that you have all rights, notices, and consents needed for us to process Customer Data as described in these Terms and our Privacy Policy. With respect to personal information in Customer Data, we act as your service provider and will process it on your behalf and in accordance with your instructions given through the Service and applicable law.

Aggregated data. We may create and use de-identified or aggregated data derived from use of the Service, such as usage statistics, provided it does not identify you or any individual.

14. Intellectual Property

The Service, the Site, and all related software, content, designs, trademarks, and documentation are owned by us or our licensors, including our call tracking platform provider, and are protected by intellectual property laws. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your subscription for your internal business purposes, and to install our tracking snippet on websites you own or control. All rights not expressly granted are reserved.

15. Third-Party Services

The Service relies on and interoperates with third-party services, including our call tracking platform provider, telecommunications carriers, Stripe, and integrations such as Google Ads, Google Analytics 4, and CRM systems. Your use of third-party services is governed by their own terms and privacy policies. We do not control and are not responsible for third-party services, their availability, or their handling of data you choose to send them.

16. Disclaimer of Warranties

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we and our providers disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure; that every call, text, or visit will be connected, delivered, recorded, or attributed; or that transcriptions, AI summaries, or reports will be accurate or complete. Telephone and messaging services depend on carriers and networks outside our control. The Service is not a substitute for a telephone line for emergency calls, and it must not be used to contact 911 or other emergency services.

17. Limitation of Liability

To the fullest extent permitted by law, neither we nor our providers will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, or data, or the cost of substitute services, arising out of or related to these Terms or the Service, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for all claims arising out of or related to these Terms or the Service will not exceed the total fees you paid to us for the Service in the 12 months before the event giving rise to the claim.

These limitations apply to all theories of liability, including contract, tort (including negligence), and statute, and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of them may not apply to you.

18. Indemnification

You agree to defend, indemnify, and hold harmless CallTrackingServices, Kirker Inc., and their officers, directors, employees, agents, and providers from and against any claims, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) Customer Data; (c) your violation of these Terms; (d) your violation of any law or third-party right, including claims under the TCPA, call recording laws, anti-spam laws, or privacy laws; or (e) any carrier fines or penalties resulting from your messaging or calling practices.

19. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Before filing any claim, each party agrees to try to resolve the dispute informally by contacting the other party in writing and negotiating in good faith for at least 30 days. If the dispute is not resolved, any legal action arising out of or related to these Terms or the Service must be brought exclusively in the state or federal courts located in Orange County, California, and each party consents to the personal jurisdiction of those courts. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

20. Changes to These Terms

We may update these Terms from time to time. When we do, we will change the effective date at the top of this page. If a change is material, we will give you at least 30 days’ notice by email or through the account portal before it takes effect, unless the change is required by law or carrier rules, in which case it may take effect sooner. Your continued use of the Service after the changes take effect means you accept the updated Terms. If you do not agree, you may cancel as described in Section 10.

21. General

These Terms, together with our Privacy Policy and any order or plan details, are the entire agreement between you and us regarding the Service and supersede any prior agreements on that subject. If any provision is found unenforceable, the rest will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control, such as carrier outages, network failures, natural disasters, or acts of government.

22. Contact Us

Questions about these Terms can be sent to:

Kirker Inc. dba CallTrackingServices
Tustin, California, USA
Email: [email protected]