These Terms of Service (“Terms”) govern your access to and use of Clario (the “Service”), operated by El Pantheon LLC (“Clario”, “we”, “us”). By accessing or using the Service you agree to these Terms. If you are agreeing on behalf of an organization, you represent that you are authorized to bind that organization.
1. The Service
Clario is a pay-per-call operations platform — where each customer works in a private, dedicated workspace — that ingests call and bid data from third-party call-tracking platforms and provides AI quality assurance, real-time-bidding intelligence, reporting, and Liza, an AI assistant.
2. Accounts & access
You are responsible for your account, for all activity under your credentials, and for keeping access secure. You must provide accurate information and promptly update it.
3. Your data and ownership
As between you and us, you own all data you ingest into or generate within the Service (“Customer Data”). You grant us a limited license to host, process, and transmit Customer Data solely to provide and support the Service. We claim no ownership of Customer Data and do not use it to train general-purpose AI models. We do not pool Customer Data across customers, and we do not sell, license, or otherwise disclose it — or any caller information within it — to any third party.
You remain the controller of, and are responsible for, the Customer Data in your workspace, including its lawful collection, use, and retention, and any notices or consents required from the individuals it concerns. We process it on your instruction as described in our Privacy Policy.
4. Third-party call platforms
The Service connects to platforms such as Ringba, Retreaver, CallGrid, and TrackDrive. We are not affiliated with, endorsed by, or responsible for those platforms. You are responsible for your own accounts, credentials, and compliance with each platform’s terms, and for the accuracy of the mappings and configuration you provide.
Certain features, including RTB Intelligence, operate by connecting to a call platform account that you control. By enabling such a feature you represent that you are authorised to enable it on that account and that doing so does not breach any agreement between you and that platform. You are responsible for ensuring your use of those features complies with applicable law. Where a feature is gated behind additional terms presented in the product, those terms apply in addition to these.
5. AI features
AI transcription, scoring, and Liza (the AI assistant) are provided as part of the Service through AI providers we engage. On Enterprise plans you may instead bring your own AI provider keys (e.g., OpenAI, Anthropic), in which case you are responsible for your agreements with, and spend on, those providers. AI output may be inaccurate or incomplete and is provided for assistance only; write actions proposed by Liza require explicit human confirmation, and money-touching and destructive actions are excluded from the AI entirely. You are responsible for reviewing actions before confirming them.
6. Compliance & call recording
You are solely responsible for your compliance with all laws applicable to your business, including telemarketing, call-recording, consent, and consumer-protection laws (for example, the TCPA and applicable state two-party-consent recording laws), and for obtaining all necessary consents from callers and end users. You are responsible for the lawful collection and use of any call recordings, transcripts, and caller data processed through the Service.
7. Acceptable use
You agree not to:
- use the Service unlawfully or to process data you do not have the right to process;
- attempt to breach security, access another customer’s data, or disrupt the Service;
- reverse engineer, resell, or sublicense the Service except as permitted in writing; or
- use the Service to send unlawful, deceptive, or unconsented communications.
8. Fees
Fees, plan limits, and payment cadence are as set out in your order or plan. Unless stated otherwise, fees are exclusive of taxes and are non-refundable except as required by law. AI provider usage is charged by your own providers, not by us.
9. Disclaimers
The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that AI output will be accurate.
10. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or revenue. Our aggregate liability arising out of or relating to the Service will not exceed the amounts you paid us for the Service in the twelve months before the event giving rise to the claim.
11. Indemnification
You will defend and indemnify us against claims arising from your Customer Data, your use of the Service, or your violation of these Terms or applicable law, including call-compliance laws.
12. Term & termination
Either party may terminate as set out in your order or for material breach not cured within a reasonable period. On termination, your right to use the Service ends and we will delete or return Customer Data as described in our Privacy Policy, subject to legal requirements.
13. Changes
We may update the Service and these Terms. Material changes to these Terms will be reflected by the “Last updated” date above; continued use after changes take effect constitutes acceptance.
14. Governing law
These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-laws rules, and the courts located there will have exclusive jurisdiction, except that either party may seek injunctive relief to protect its intellectual property or confidential information.
15. Contact
El Pantheon LLC — support@elclario.com.