Terms of Service

01This agreement

These Terms of Service (the Terms) are a binding agreement between Klaching, a sole proprietorship operated by Yaseen Khalil (Klaching, we, us), and the person or business that creates an account or uses the service (you, the Customer).

By creating an account, clicking to accept, or using any part of the service, you agree to these Terms and to the Privacy Policy, which is incorporated by reference. If you are agreeing on behalf of a company, you represent that you have authority to bind it, and "you" means that company.

If you do not agree, do not use the service.

02Definitions

• Platform — the Klaching web application, API and dashboard at klaching.com.
• Assistant — the AI voice agent that places calls and speaks on your behalf.
• Contact — a person whose phone number you upload or enter, and whom the Assistant may call. Also called a "lead."
• Contact Data — information about Contacts that you provide or that a call produces (name, phone number, property address, email address, call outcome, notes).
• Campaign — a set of Contacts, a workflow and a channel that you configure and start.
• Minutes — the metered unit of call time included in a plan or purchased in a block.

03Accounts and eligibility

You must be at least 18 years old and legally able to enter contracts. The service is for business use; it is not offered to consumers for personal or household purposes.

You must give accurate account information and keep it current. You are responsible for everything that happens under your account, including all Campaigns started with your credentials. Keep your password confidential and tell us promptly at yaskhalil@klaching.com if you believe your account has been accessed without authorization.

One account is for one business. Do not resell, white-label or share access to the Platform unless we have agreed to it in writing (Enterprise plans may include this).

04What the service does

Klaching lets you upload Contacts, choose a workflow (seller acquisition, buyer acquisition or listing appointments), and run a Campaign in which an AI Assistant places outbound telephone calls to those Contacts. The Assistant speaks using the name, company and pitch you configure. Call results — who answered, the outcome, any email address the Contact gave — appear in your dashboard. Usage is metered by the minute.

Telephony, speech recognition, speech synthesis and the language model that drives the Assistant are provided through third-party vendors described in Section 12 and in the Privacy Policy.

SMS messaging may appear in the Platform but is disabled unless we enable it for your account. Where SMS is enabled, it is subject to the same obligations in Section 5, plus carrier and A2P 10DLC registration requirements.

05Your outbound calling obligations

You represent, warrant and agree that, for every number you upload and every Campaign you run:

a. Consent

• You have obtained and can document, for each number, the level of consent the law requires. The Platform asks you to record that basis at import and stores it against the Contact; recording it accurately is your representation, not our verification. In February 2024 the FCC ruled that an AI-generated voice is an "artificial or prerecorded voice" under the TCPA. That means calls placed by the Assistant carry the same consent requirements as a robocall, even though the Assistant converses naturally.
• For marketing or telemarketing calls, that standard is prior express written consent — a signed agreement, naming your business, authorizing calls using an artificial or prerecorded voice to a specific number, and stating that consent is not a condition of purchase.
• For purely informational calls to an existing customer or an inbound inquirer, prior express consent may be sufficient. You are responsible for deciding, correctly, which category a Campaign falls into.
• You will retain consent records for at least as long as the applicable statute of limitations, and you will produce them if a Contact or regulator disputes a call.

b. Do-not-call lists

• You will scrub your Contacts against the National Do Not Call Registry and against applicable state registries before dialing, and re-scrub on a regular cycle.
• The Platform assists: when we hold a current copy of the federal registry, every Campaign is scrubbed against it before dialing, and a number is held back unless you have recorded an established business relationship or written consent for it. This does not cover state registries, and it protects nothing if our copy is missing or out of date — the obligation stays yours.
• You will maintain an internal do-not-call list, add any Contact who asks not to be called again, and keep those records for at least five years.
• You will not re-upload, re-import or otherwise route around a Contact who has opted out.

c. Revocation and opt-outs

• A Contact may revoke consent by any reasonable means — including saying "stop calling me," "take me off your list," or similar natural language to the Assistant. Keyword-only opt-out handling is not sufficient.
• You will honor a revocation across all channels within ten business days of receipt, and sooner where practicable.
• When a call analysis detects an opt-out, the Platform records it on the Contact and adds the number to an internal do-not-call list held against your account. That list is checked before every Campaign dials, and it survives deleting the lead or re-importing the same CSV, so a suppressed number is not resurrected by a fresh upload.
• That control covers calls placed through Klaching only. You remain responsible for suppressing the number everywhere else you use it, and for opt-outs a Contact gives you by any other route.

d. Calling hours

• Calls may be placed only between 8:00 a.m. and 9:00 p.m. in the Contact's local time zone, not yours. Some states are stricter; Connecticut begins at 9:00 a.m.
• The Platform enforces this. It derives the Contact's time zone from the area code and holds back any Contact whose local time is outside the window, dialing them on a later run instead. Where an area code spans two time zones, the call must be lawful in both. A number whose area code cannot be resolved is never dialed.
• An area code is a proxy for location, not proof of it — mobile numbers move. Choosing when a Campaign runs, and satisfying any stricter state rule that applies to your Contacts, remains your responsibility.

e. Identification and AI disclosure

• The Assistant is configured to identify itself as an AI assistant, and to name the business on whose behalf it is calling, at the start of the call. You will not modify a greeting, pitch or prompt in a way that removes, delays or obscures that disclosure.
• Several states — including Texas and California — require AI disclosure within the opening seconds of a call, and prohibit cloning an identifiable person's voice without that person's consent. You will not upload or request a voice that imitates a real person without documented consent.
• You will not use the Assistant to misstate who you are, who you work for, or the purpose of the call.

f. Recording and transcription

• Calls may be recorded and transcribed by our telephony vendor. A number of states require the consent of every party to a call before it may be recorded, including California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon, Pennsylvania and Washington.
• If you call into an all-party-consent state, you are responsible for ensuring the Assistant's opening states that the call is recorded, and for stopping the call if the Contact objects.

g. Numbers you may upload

• You will upload only numbers you collected lawfully and have the right to call.
• You will not upload purchased, scraped, harvested or third-party lists for which you cannot produce consent records.
• You will not use the Platform to call emergency lines, hospital rooms, or numbers assigned to a service where the called party is charged for the call.

We may require evidence of your compliance with this section. We may suspend a Campaign or an account immediately, without refund, if we believe in good faith that it is operating outside these obligations or exposing us or our vendors to regulatory action.

06Fair housing and real estate rules

Klaching is built for real estate outreach, which carries obligations beyond telemarketing law. You are responsible for ensuring that your Campaigns comply with the federal Fair Housing Act and equivalent state and local laws.

• Do not target, exclude or vary a Campaign's script based on race, color, religion, sex, familial status, national origin, disability, or any class protected under applicable state or local law.
• Do not configure the Assistant to make statements that steer a Contact toward or away from a neighborhood on the basis of a protected characteristic.
• You are responsible for your own licensing, agency-disclosure and advertising obligations, including any requirement to identify your brokerage. The Assistant states the company name you configure; configuring it accurately is your obligation.
• Nothing the Assistant says is legal, financial, appraisal or tax advice, and you will not configure it to present itself as giving any.

07Acceptable use

You will not use the Platform to:

• break any law, or help anyone else break one;
• defraud, deceive or mislead a Contact, including about the identity of the caller or the purpose of the call;
• harass a Contact, or call a number repeatedly after being asked to stop;
• collect Social Security numbers, financial account numbers, health information, or other sensitive data through a call;
• impersonate a person, business or government body;
• probe, scan, overload or attempt to gain unauthorized access to the Platform or its vendors' systems;
• reverse engineer the Platform, or use it to build a competing product;
• resell access, or run Campaigns on behalf of a third party, without our written agreement.

08Plans, minutes and billing

• Starter — $249 per month, including 200 AI call minutes.
• Pro — $499 per month, including 500 AI call minutes.
• Pay-as-you-go — $25 per 100-minute block, available by invitation.
• Enterprise — custom volume and terms, agreed in writing.

Subscriptions are billed in advance through Stripe and renew automatically each month until cancelled. Prices are in U.S. dollars and exclude any taxes, which you are responsible for. We do not see or store your full card details; Stripe handles payment information under its own terms.

Call time is metered when a call ends and is debited from your balance. Because minutes are consumed in real time by third-party telephony, minutes used are not refundable. Included minutes do not roll over between billing periods unless your plan says otherwise. Purchased blocks remain available until used or until your account closes.

If your balance reaches zero, running Campaigns stop and new ones will not start until you add minutes or your plan renews. We are not liable for Campaigns that do not complete because a balance ran out.

If a payment fails, we may suspend the account until it is resolved. We may change prices with at least 30 days' notice by email; the change applies at your next renewal, and you may cancel before it takes effect.

09Cancellation, suspension and termination

You may cancel at any time through the billing portal or by emailing yaskhalil@klaching.com. Cancellation takes effect at the end of the current billing period; we do not prorate partial months.

We may suspend or terminate an account immediately for a breach of Section 5 or Section 7, for non-payment, or if required by a vendor, carrier or regulator. For other reasons we will give at least 30 days' notice.

On termination your access ends and your data is deleted as described in the Privacy Policy. Export anything you need first. Sections 10 and 13 through 18 survive termination.

10Your data and contact data

As between you and Klaching, you own your Contact Data. You grant us a non-exclusive licence to host, process and transmit it for the sole purpose of providing the service to you — placing calls, metering usage, showing results and supporting your account.

We act as your service provider or processor for Contact Data. We do not sell it, do not share it for advertising, and do not use it to train models. We use it for our own purposes only where the law requires, or in aggregated form that does not identify any person or business.

You are responsible for having a lawful basis to collect and share Contact Data with us, for the accuracy of what you upload, and for responding to a Contact who asks you to access or delete their information. We will assist you with those requests, and will forward to you any request a Contact sends us directly.

11Nature of AI output

The Assistant generates speech using a language model. Its responses are probabilistic. It can misunderstand a Contact, state something inaccurate, capture a detail wrongly, or respond in a way you did not anticipate — including in response to prompts you configure.

You are responsible for reviewing the scripts, greetings and pitches you configure, and for the content of calls made with your account. Do not rely on call outcomes, captured email addresses or transcripts as a system of record without checking them. Klaching does not warrant that any call will be answered, understood, completed, or produce a particular result.

12Third-party services

The Platform depends on vendors including Retell AI (voice orchestration), Twilio (telephony), Supabase (database, authentication and file storage), Stripe (payments), Resend (transactional email), and Vercel and Railway (hosting). Their availability, changes and outages affect the service, and we are not responsible for them. The full list, with links to each vendor's privacy policy, is in the Privacy Policy.

Your use of a linked third-party service, such as a booking page, is governed by that service's own terms.

13Disclaimer of warranties

The Platform is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the service will be uninterrupted, timely, secure or error-free, that calls will connect, or that results will meet your expectations. We offer no service level agreement unless one is stated in a signed Enterprise agreement.

Nothing in the Platform is legal advice. The compliance summaries in these Terms are provided to help you orient, not to substitute for a lawyer. Telemarketing, AI disclosure and recording rules change and vary by state; you are responsible for obtaining your own advice.

14Indemnification

You will defend, indemnify and hold harmless Klaching and its operator from and against any claim, demand, investigation, loss, liability, damage, penalty, fine, cost and expense (including reasonable legal fees) arising out of or relating to:

• Campaigns run through your account, and the calls, texts and recordings they produce;
• any claim that a call violated the TCPA, a state telemarketing or AI-disclosure law, a call recording law, the Fair Housing Act, or any other law;
• Contact Data you uploaded, including any claim that you lacked consent or the right to provide it;
• your breach of these Terms, or your violation of a third party's rights.

We will notify you of a claim, let you control the defense with counsel of your choosing subject to our reasonable approval, and cooperate at your expense. You may not settle a claim in a way that imposes an obligation or admission on us without our written consent.

15Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost data or goodwill, even if advised of the possibility.

Our total aggregate liability arising out of or relating to these Terms or the service is limited to the amounts you actually paid to Klaching in the twelve months immediately before the event giving rise to the claim.

These limits do not apply to your payment obligations, to your obligations under Section 14, or to liability that cannot be limited by law. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

16Changes to the service and these terms

We may change the Platform, including adding, altering or removing features. We may amend these Terms; if a change is material we will give notice by email or in the Platform at least 14 days before it takes effect, and will update the "last updated" date above. Continuing to use the service after a change takes effect means you accept it. If you do not accept, cancel before the effective date.

17Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing anything, contact us at yaskhalil@klaching.com and give us 30 days to resolve the dispute informally. Most problems are settled this way.

If that fails, you and Klaching agree to the exclusive jurisdiction of the state and federal courts located in the Commonwealth of Virginia, and each party waives any objection to venue there. Each party waives any right to a jury trial. Claims must be brought individually, not as a plaintiff or class member in a class or representative action.

Any claim must be brought within one year after it arises, or it is permanently barred, except where a longer period is required by law.

18General

• Entire agreement. These Terms, the Privacy Policy, and any signed Enterprise order form are the whole agreement between us on this subject.
• Severability. If a provision is unenforceable, the rest stays in effect and the provision is narrowed to the minimum extent needed.
• No waiver. Not enforcing a right is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them to a successor in a merger, acquisition or sale of assets — including on incorporation of the business.
• Force majeure. Neither party is liable for failures caused by events beyond reasonable control, including carrier failures, vendor outages and network disruptions.
• Notices. We give notice by email to your account address or by posting in the Platform. You give notice to yaskhalil@klaching.com.
• Independent contractors. No partnership, joint venture, employment or agency relationship is created.