Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer”, “Organization”, “you”, or “your”) and Callens Incorporation, a sole proprietorship operated by Anil Saxena (an enterprise operated as a sole proprietorship; not a corporation or separate legal person; trading as “Callens OS”, “we”, “us”, or “our”), governing your access to and use of our business operating system, websites (including callensos.com), applications (including app.callensos.com), APIs, and associated services (collectively, the “Service”).

By creating an account, registering a workspace, submitting your information on our waitlist, or accessing the Service, you signify that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company, educational institute, academy, or other legal entity, you represent and warrant that you have the full legal authority to bind that entity to these Terms.

Pre-Launch Notice: Callens OS is currently in an early access and pre-launch development phase. Access to early features or sandbox environments is subject to these Terms as well as any specific pre-release conditions provided during onboarding.

2. Eligibility & Account Registration

To access Callens OS, you must satisfy the following requirements:

• Legal Age: You must be at least 18 years of age (or the age of legal majority in your jurisdiction).
• Business Use: The Service is designed and licensed exclusively for business, professional, educational, and commercial purposes. It is not offered to consumers for personal, family, or household use.
• Accurate Information: You agree to provide true, accurate, current, and complete information during registration and to promptly update your account information if details change.
• Account Security: You are responsible for safeguarding your login credentials (whether email/password or Google OAuth). You must notify Callens OS immediately upon becoming aware of any breach of security or unauthorized access to your account. You are solely responsible for all activities that occur under your account credentials.

3. Workspaces, Roles & Administration

Callens OS operates on a multi-tenant workspace architecture:

• Workspace Creation: When an account is created, an Organization workspace is provisioned. The individual who creates the workspace is initially designated as the Workspace Owner.
• Administrator Authority: Workspace Owners and designated Administrators have administrative authority to invite team members, assign access roles (Owner, Admin, Staff, Member), configure organization settings, connect external communication channels (such as WhatsApp Business), export workspace records, or request workspace closure.
• Authorized Users: The subscribing Organization is fully responsible for all acts, omissions, and compliance of all authorized users whom it invites into its workspace.
• Tenant Isolation: Our system enforces strict logical separation between workspaces using PostgreSQL Row-Level Security (RLS). You agree not to attempt to access, probe, or interact with workspaces or data belonging to other organizations.

4. Customer Data Ownership & Responsibilities

We respect that your business records and customer communications belong to you:

• Ownership: As between Callens OS and the Customer, the Customer retains all right, title, and interest (including all intellectual property rights) in and to all data, records, contacts, leads, student profiles, messages, documents, invoices, and form responses submitted, uploaded, or processed within the Customer’s workspace (“Customer Data”).
• License to Callens OS: Customer grants Callens OS a non-exclusive, worldwide, royalty-free, limited license to host, store, copy, transmit, and display Customer Data solely to the extent necessary to provide, maintain, secure, and support the Service.
• Customer Warranties: Customer represents and warrants that it has obtained all necessary rights, legal bases, authorizations, and explicit consents from contacts, students, leads, and third parties before importing, submitting, or communicating with them through Callens OS.
• Data Protection Compliance: Customer is responsible for complying with all applicable data protection laws (including GDPR, UK GDPR, and India DPDP Act) in its capacity as Data Controller of Customer Data.

5. Third-Party Services & WhatsApp / Meta Platform Terms

Callens OS provides integrations with third-party software and communications providers, including Meta Platforms, Inc. (WhatsApp Business Platform), Google, and email delivery providers.

Independent Software Provider: Callens OS is an independent software application utilizing official Meta Cloud APIs. Callens OS is not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc.

Text-Only Messaging Scope: The Callens OS WhatsApp integration currently supports incoming and outgoing text messages, sender phone numbers, timestamps, and message delivery statuses. Media attachments (such as voice notes, images, videos, or documents) are not retrieved, downloaded, or stored by Callens OS.

Access Tokens & Security: Meta access tokens obtained through Embedded Signup are encrypted at rest on our backend servers using AES-256-GCM authenticated encryption. Tokens are decrypted in memory strictly when transmitting authorized API requests directly to Meta’s Cloud API (for example, to dispatch outbound messages) and are never exposed to client browsers, third parties, or logged.

Suspension for Integration Abuse: We reserve the right to immediately suspend or disconnect your WhatsApp integration if your account violates Meta policies, generates high spam reports, or if Meta revokes or restricts your WhatsApp Business Account (WABA).

6. Acceptable Use & Prohibited Conduct

You agree to use Callens OS only for lawful business operations. You must not:

• Spam & Harassment: Send unsolicited bulk communications (spam), predatory messages, or harassing content through connected WhatsApp, email, or SMS channels.
• System Interference: Introduce viruses, trojans, worms, or malicious code into the Service or attempt to degrade system performance or reliability.
• Security Probing: Probe, scan, or test the vulnerability of the Service, or attempt to breach security or authentication barriers, including multi-tenant Row-Level Security.
• Unauthorized Access: Attempt to access workspaces, data, messages, or accounts that do not belong to your organization.
• Reverse Engineering: Decompile, reverse engineer, disassemble, or derive source code from any portion of the platform.
• Reselling: Rent, lease, sublicense, resell, or distribute the Service to third parties without prior written authorization from Callens OS.
• Violating Laws: Use the Service for any unlawful, deceptive, fraudulent, defamatory, or infringing activities.

7. Subscriptions, Fees & Billing

Commercial subscription plans and fee schedules will be published prior to general commercial availability.

• Pre-Launch Phase: During the coming-soon and private beta stages, access is provided on an invitation, trial, or complimentary evaluation basis. No commercial payment commitments are established during the pre-launch phase.
• Future Subscription Plans: Prior to general commercial availability, Callens OS will publish formal subscription tiers, seat limits, and fee schedules for review by workspace owners.
• Payment & Refund Terms: Specific payment schedules, invoicing cycles, refund policies, and applicable taxes will be governed by the commercial terms presented to workspace owners before paid subscription activation. Applicable taxes will be calculated and collected as required by law.

8. Service Availability & Changes

We strive to provide a reliable, high-performing platform, but please note:

• “As-Is” Availability: The Service is provided on an “as-is” and “as-available” basis. We do not guarantee that the Service will operate without interruption, delays, or errors.
• Service Modifications: Callens OS continuously evolves. We reserve the right to modify, improve, or discontinue specific platform features with reasonable notice where practicable.
• Scheduled Maintenance: We may occasionally perform scheduled maintenance or deploy critical security patches, which may cause brief periods of temporary unavailability.
• Third-Party Dependencies: Certain features depend on external APIs (such as Meta WhatsApp Cloud API or Google OAuth). We are not responsible for service outages or policy alterations initiated by these third-party providers.

9. Suspension & Termination

Provisions governing the termination of your workspace or access to Callens OS:

• Termination by You: You may discontinue use of Callens OS at any time. To formally terminate your workspace and request account closure, the Workspace Owner must contact our support team at callenscrm@gmail.com.
• Suspension or Termination by Us: We may suspend or terminate your account immediately if:
  • You materially breach any provision of these Terms or our Acceptable Use Policy.
  • You violate Meta’s WhatsApp Business Messaging Policy or third-party platform rules.
  • Required to do so by applicable law, court order, or governmental authority.
  • We reasonably suspect fraudulent, abusive, or unauthorized activity.
• Handling of Customer Data on Termination: Upon termination, your right to access the Service terminates immediately. Active integration credentials (such as encrypted WhatsApp access tokens) and operational workspace records are permanently removed from our active database systems. Encrypted database backup snapshots rotate and expire in accordance with standard automated backup retention cycles; data is not instantly expunged from historical backups at the time of termination. You are strongly encouraged to export your Customer Data prior to initiating account closure.

10. Intellectual Property Rights

Callens OS, including its design systems, visual branding, software code, database architecture, APIs, documentation, and wordmarks, is the exclusive intellectual property of Callens OS and its licensors.

These Terms do not grant you any ownership rights in Callens OS, its trademarks, or its brand assets. Any feedback, ideas, or feature suggestions you submit regarding the Service may be incorporated by Callens OS without obligation or compensation to you.

11. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CALLENS OS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO REPRESENTATIONS THAT THE SERVICE WILL MEET YOUR BUSINESS REQUIREMENTS, ACHIEVE ANY SPECIFIC REVENUE OR OPERATIONAL OUTCOMES, OPERATE WITHOUT INTERRUPTION, OR BE ENTIRELY FREE OF BUGS OR VULNERABILITIES.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALLENS OS, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR WORK STOPPAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING UNDER OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO CALLENS OS FOR ACCESS TO THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED US DOLLARS (USD $100) IF ACCESS HAS BEEN PROVIDED ON A COMPLIMENTARY OR TRIAL BASIS.

13. Indemnification

You agree to defend, indemnify, and hold harmless Callens OS, its affiliates, directors, officers, and employees from and against any claims, liabilities, damages, losses, and reasonable legal expenses arising out of or related to:

• Your Customer Data, including any claims that Customer Data infringes or violates third-party intellectual property, privacy, or publicity rights.
• Your breach of these Terms or our Acceptable Use Policy.
• Your violation of third-party platform rules, including Meta WhatsApp Business Messaging Policies.
• Your communications with your contacts, leads, students, or customers.

14. Governing Law & Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of India and the National Capital Territory of Delhi, without regard to conflict of law principles.
• Informal Dispute Resolution: Prior to filing any formal legal claim, arbitration, or proceeding, you and Callens OS agree to attempt to resolve any dispute, controversy, or claim amicably by providing written notice to callenscrm@gmail.com.
• Jurisdiction: Any legal action, suit, or proceeding arising under or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts located in New Delhi, India.

15. Contact & Legal Notices

For legal notices, contract inquiries, or questions concerning these Terms of Service, please contact our legal team: