Terms & Conditions

Last Updated: November 2025

1. Acceptance of Terms

By accessing, browsing, registering for, purchasing, subscribing to, or using ClimaCall’s services, you agree to these Terms & Conditions, our Privacy Policy, our EULA if applicable, and any additional agreements, order forms, invoices, policies, or notices referenced herein.
If you are using ClimaCall on behalf of a company, organization, contractor, agency, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to both you personally and the entity you represent.
If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

For purposes of these Terms:

• “ClimaCall,” “we,” “us,” or “our” means ClimaCall, Inc. and its owners, officers, employees, contractors, affiliates, service providers, and representatives.
• “Service” means ClimaCall’s website, platform, software, dashboards, applications, AI tools, automation tools, communication tools, integrations, support, content, and related services.
• “Customer Data” means data, files, content, records, contact information, communications, job information, customer information, technician information, business data, and other materials submitted to or processed through the Service by you or your users.
• “Authorized Users” means your employees, contractors, technicians, agents, representatives, or other individuals you permit to access or use the Service through your account.
• “End Customers” means your customers, prospects, leads, property owners, tenants, contacts, or other third parties with whom you communicate or conduct business using the Service.

3. Description of Service

ClimaCall provides software, automation, communication, and business management tools designed to help field service businesses manage customer interactions, scheduling, dispatching, job workflows, invoicing, payments, lead follow-up, marketing communications, and related business operations.
Features may include, but are not limited to:

• Customer relationship management tools
• Lead capture and lead follow-up automation
• Scheduling, dispatching, and job management
• Technician and service tracking tools
• Customer notifications through email, SMS, calls, voicemail, chat, or other channels
• Invoicing, estimates, payment links, and payment-related features
• Analytics, reporting, dashboards, and business insights
• Artificial intelligence tools, automated recommendations, and workflow assistance features
• Third-party integrations, APIs, and connected business tools

We may modify, improve, suspend, discontinue, replace, or remove features at any time. We do not guarantee that any specific feature, integration, workflow, automation, or third-party connection will remain available.

4. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service.
You may not use the Service if:

• You are prohibited from using the Service under applicable law
• You have previously been suspended or removed from the Service
• You are using the Service for unlawful, fraudulent, abusive, or deceptive purposes
• You are using the Service in violation of any agreement with ClimaCall

5. Account Registration and Security

5.1 Account Information

To use certain parts of the Service, you may be required to create an account and provide accurate, complete, and current information. You agree to update your account information as necessary.

5.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to promptly notify us of any unauthorized access, suspected security breach, misuse, or compromise of your account.

5.3 Authorized Users

You are responsible for all Authorized Users who access or use the Service through your account. You agree to ensure that all Authorized Users comply with these Terms.

5.4 Responsibility for Account Activity

You are responsible for all activity under your account, whether authorized or unauthorized, unless the activity results directly from ClimaCall’s willful misconduct. This includes all messages sent, automations created, data uploaded, payments processed, settings changed, and actions taken by anyone using your account credentials.

6. Customer Data and Your Responsibilities

6.1 Ownership of Customer Data

You retain ownership of Customer Data that you submit to the Service. ClimaCall does not claim ownership of your Customer Data.
You grant ClimaCall a limited, non-exclusive, worldwide license to host, process, transmit, display, copy, store, back up, analyze, and use Customer Data as reasonably necessary to provide, maintain, secure, support, improve, and operate the Service.

6.2 Your Legal Responsibility for Customer Data

You are solely responsible for Customer Data and for ensuring that:

• You have the legal right to collect, upload, store, use, share, and process Customer Data through the Service
• You have provided all required notices and obtained all required consents from End Customers, employees, technicians, leads, prospects, and other individuals
• Your Customer Data is accurate, lawful, and not misleading
• Your use of Customer Data complies with all privacy, data protection, consumer protection, employment, telemarketing, advertising, and communications laws
• You will not upload or use Customer Data in a way that infringes, misappropriates, or violates any third-party rights

6.3 Sensitive Information

You agree not to upload, submit, store, or process highly sensitive information through the Service unless expressly authorized by ClimaCall in writing. This includes, without limitation:

• Social Security numbers
• Government identification numbers
• Protected health information
• Financial account credentials
• Biometric data
• Criminal background information
• Children’s personal information
• Passwords or secret access credentials
• Any information requiring specialized legal or regulatory handling

6.4 Data Backup

Although ClimaCall may maintain backups for operational purposes, you are responsible for maintaining your own copies and backups of important Customer Data. ClimaCall is not responsible for loss of Customer Data due to your deletion, account termination, failed export, expired subscription, misuse, third-party outages, or events outside our reasonable control.

7. Communications, SMS, Email, Calling, and Marketing Compliance

ClimaCall may allow you to send, receive, automate, schedule, trigger, or manage communications through SMS, email, phone calls, voicemail, chat, web forms, or other messaging channels.
You are solely responsible for ensuring that your use of these features complies with all applicable laws, rules, regulations, carrier requirements, platform policies, and industry guidelines.
This includes, without limitation, laws and rules related to:

• Telephone, SMS, and automated calling consent
• Telemarketing, marketing calls, and marketing texts
• Email marketing and unsubscribe requirements
• Do-not-call and do-not-contact rules
• Call recording and call monitoring consent
• Consumer protection and advertising claims
• Carrier, messaging provider, and platform acceptable-use requirements

You agree that:

• You will obtain all legally required consents before sending calls, texts, emails, marketing messages, automated messages, or prerecorded messages
• You will maintain records of consent where required
• You will honor opt-out, unsubscribe, stop, and do-not-contact requests promptly
• You will not send spam, unlawful marketing, deceptive communications, abusive messages, or unauthorized communications
• You are responsible for the content, timing, recipients, frequency, legality, and results of communications sent through your account
• You will not use purchased, scraped, rented, harvested, or unlawfully obtained contact lists
• You will not misrepresent your identity, business, services, offers, pricing, promotions, or relationship with any person or entity

ClimaCall may suspend, restrict, throttle, or terminate communication features if we believe your use may violate laws, carrier requirements, provider policies, these Terms, or create legal, operational, deliverability, reputational, or security risk.

8. Call Recording and Monitoring

If the Service includes call recording, transcription, monitoring, summaries, or analytics, you are solely responsible for complying with all applicable consent and notice requirements.
You agree that:

• You will provide all required notices before recording, monitoring, transcribing, or analyzing calls
• You will obtain all required consent from callers, employees, technicians, customers, leads, and other participants
• You will not use recording or monitoring features where prohibited by law
• You are responsible for how recordings, transcripts, summaries, and related data are stored, used, disclosed, and retained

ClimaCall does not provide legal advice regarding call recording laws, and you are responsible for determining what laws apply to your business and communications.

9. Artificial Intelligence and Automation Features

ClimaCall may include artificial intelligence, automated recommendations, automated replies, lead follow-up, workflow automation, generated content, call summaries, customer insights, routing suggestions, scheduling suggestions, or other AI-assisted features.
You understand and agree that:

• AI-generated outputs may be inaccurate, incomplete, misleading, delayed, biased, inappropriate, or unsuitable for your situation
• AI and automation features may misunderstand customer requests, job details, pricing, urgency, context, or instructions
• You are responsible for reviewing, approving, and verifying important communications, estimates, invoices, pricing, scheduling decisions, dispatch decisions, customer-facing content, and business decisions
• AI features do not replace professional judgment, human review, legal advice, financial advice, safety judgment, or business decision-making
• You should not rely solely on automated outputs for critical decisions, emergency situations, pricing, legal obligations, or customer disputes
• ClimaCall does not guarantee any specific lead conversion, booking rate, revenue increase, customer response, review improvement, operational improvement, or business outcome

You are responsible for configuring automation rules, reviewing automated workflows, monitoring outputs, correcting errors, and ensuring that communications and actions sent or taken through your account are lawful, accurate, and appropriate.

10. Estimates, Pricing, Invoices, Payments, and Business Decisions

The Service may help create, display, send, organize, calculate, automate, or manage estimates, invoices, payment links, job information, pricing, service recommendations, or other business materials.
You are solely responsible for:

• Verifying all estimates, invoices, prices, taxes, discounts, fees, and charges
• Ensuring that your customer-facing terms, warranties, service promises, offers, and pricing are accurate and lawful
• Delivering your own products and services to your customers
• Handling customer disputes, refunds, complaints, chargebacks, service issues, and warranty claims
• Complying with contractor licensing, permitting, tax, employment, insurance, and industry-specific requirements

ClimaCall is not responsible for your work quality, services, pricing, job outcomes, customer disputes, chargebacks, or business operations.

11. Payments, Billing, and Subscriptions

11.1 Fees

You agree to pay all fees associated with your subscription, plan, usage, onboarding, implementation, add-ons, integrations, messaging, storage, support, consulting, or other services purchased from ClimaCall.
Fees may be billed monthly, annually, usage-based, one-time, or according to another billing schedule presented at purchase or agreed in writing.

11.2 Payment Authorization

By providing a payment method, you authorize ClimaCall and its payment processors to charge your payment method for all applicable fees, taxes, usage charges, renewal fees, overage charges, late fees, and other amounts due.

11.3 Subscription Renewal

Unless otherwise stated in writing, subscriptions automatically renew at the end of each billing period until canceled. You are responsible for canceling before the renewal date if you do not want your subscription to renew.

11.4 Failed Payments

If payment fails or your account becomes past due, we may suspend, restrict, or terminate access to the Service. You remain responsible for all amounts owed, including charges incurred before suspension or termination.

11.5 Taxes

Fees do not include taxes unless expressly stated. You are responsible for all applicable taxes, duties, levies, or similar governmental assessments related to your purchase or use of the Service.

11.6 Price Changes

ClimaCall may change prices, plans, features, usage limits, or billing practices from time to time. We will make reasonable efforts to provide notice of material pricing changes before they apply to your account.

12. Cancellations and Refunds

You may cancel your subscription according to the cancellation process made available through your account, billing portal, or by contacting ClimaCall support.
Unless otherwise required by law or expressly stated in a written agreement:

• All fees are non-refundable
• Cancellation stops future renewal charges but does not automatically refund prior payments
• Partial months, unused time, unused features, onboarding fees, implementation fees, setup fees, custom work, usage-based fees, messaging fees, integration fees, and consulting fees are not refundable
• Access may continue until the end of the current paid billing period unless otherwise stated or unless your account is terminated for violation of these Terms

ClimaCall may offer refunds, credits, discounts, or exceptions at its sole discretion. Any such decision does not obligate us to provide similar treatment in the future.

13. Chargebacks and Payment Disputes

You agree to contact ClimaCall first before initiating a chargeback or payment dispute. If you initiate a chargeback or payment dispute without first attempting to resolve the issue with us, we may suspend or terminate your account.
You remain responsible for all valid charges, fees, taxes, and amounts owed. We reserve the right to recover chargeback fees, collection costs, reasonable attorneys’ fees, and other costs incurred in collecting overdue or disputed amounts, to the extent permitted by law.

14. Acceptable Use

You agree not to use the Service to:

• Violate any law, regulation, contract, court order, or third-party right
• Send spam, unlawful marketing, deceptive communications, or unauthorized messages
• Harass, threaten, defame, abuse, exploit, discriminate against, or harm any person or business
• Upload viruses, malware, harmful code, ransomware, spyware, or malicious content
• Attempt to gain unauthorized access to systems, accounts, data, networks, or infrastructure
• Reverse engineer, decompile, copy, resell, sublicense, rent, lease, or commercially exploit the Service without authorization
• Interfere with or disrupt the operation, security, integrity, availability, or performance of the Service
• Use the Service for fraudulent, misleading, abusive, predatory, or unlawful business practices
• Misrepresent your identity, business, services, pricing, promotions, offers, qualifications, licenses, or customer relationships
• Use the Service to collect, process, or share data without proper consent or legal authority
• Use the Service to send emergency communications or provide emergency response services
• Use the Service in a way that damages ClimaCall’s reputation, systems, providers, deliverability, or relationships
• Bypass usage limits, access controls, security controls, billing systems, or technical restrictions
• Use bots, scrapers, crawlers, or automated systems to access the Service without authorization

We may suspend or terminate access if we believe your use violates these Terms or creates legal, security, operational, financial, deliverability, reputational, or business risk.

15. Third-Party Services and Integrations

The Service may integrate with or rely on third-party services, including payment processors, cloud hosting providers, analytics tools, mapping providers, communication providers, CRM systems, advertising platforms, accounting software, call providers, SMS providers, email providers, AI providers, and other business tools.
Your use of third-party services may be governed by separate terms, privacy policies, fees, usage limits, and requirements from those providers.
ClimaCall is not responsible for:

• Third-party services, websites, applications, APIs, or integrations
• Third-party outages, delays, errors, limitations, pricing changes, or discontinued services
• Acts, omissions, data practices, or security practices of third parties
• Changes made by third-party providers that affect the Service
• Loss of functionality due to third-party restrictions, policy changes, or failures

We do not guarantee that any third-party integration will remain available, compatible, supported, or error-free.

16. Beta Features and Experimental Tools

From time to time, ClimaCall may offer beta, preview, experimental, early-access, or trial features.
Such features are provided for evaluation purposes and may be incomplete, unstable, unavailable, inaccurate, modified, or discontinued at any time. Beta features are provided “as is” without warranties of any kind, and you use them at your own risk.

17. Intellectual Property

17.1 ClimaCall Property

ClimaCall and its licensors own all rights, title, and interest in and to the Service, including software, code, designs, interfaces, workflows, automations, templates, branding, logos, trademarks, trade names, content, documentation, technology, systems, processes, know-how, and related intellectual property.
These Terms do not grant you ownership of any ClimaCall intellectual property.

17.2 Limited License

Subject to your compliance with these Terms and payment of applicable fees, ClimaCall grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for your internal business purposes.

17.3 Restrictions

You may not:

• Copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Service
• Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying technology of the Service
• Use ClimaCall’s name, logo, branding, or trademarks without written permission
• Remove copyright, trademark, or proprietary notices
• Use the Service to build a competing product or service

17.4 Feedback

If you provide suggestions, feedback, ideas, improvements, requests, or recommendations about ClimaCall, you grant ClimaCall a perpetual, irrevocable, worldwide, royalty-free right to use, modify, commercialize, and incorporate that feedback without restriction or compensation.

18. Confidentiality

During your use of the Service, you may receive access to non-public information about ClimaCall, including pricing, product plans, technical information, business strategies, documentation, beta features, workflows, software, processes, or other confidential materials.
You agree not to disclose, copy, misuse, or share ClimaCall confidential information except as necessary to use the Service as permitted by these Terms.
ClimaCall will use commercially reasonable efforts to protect your confidential business information and Customer Data in accordance with our Privacy Policy and applicable agreements.

19. Privacy

Our collection, use, storage, and sharing of personal information is described in our Privacy Policy. By using the Service, you acknowledge and agree to our Privacy Policy.
You are responsible for maintaining your own privacy notices and policies for your End Customers, employees, technicians, leads, and other individuals where required by law.

20. Security

ClimaCall uses commercially reasonable administrative, technical, and organizational measures designed to protect the Service and Customer Data.
However, no system, network, software, transmission, or storage method is completely secure. We do not guarantee that unauthorized access, hacking, data loss, cyberattacks, system failure, or security incidents will never occur.
You are responsible for:

• Using strong passwords and secure devices
• Restricting access to your account
• Training Authorized Users on safe and lawful use
• Promptly revoking access for former employees or contractors
• Monitoring account activity
• Maintaining appropriate backup and business continuity practices

21. Service Availability and Support

We strive to provide reliable access to the Service, but we do not guarantee uninterrupted, error-free, secure, or always-available operation.
The Service may be unavailable, delayed, limited, or interrupted due to:

• Maintenance, updates, upgrades, or repairs
• Third-party service outages or limitations
• Network, hosting, carrier, internet, utility, or infrastructure issues
• Security incidents, abuse prevention, or emergency measures
• Excessive usage, misuse, or account restrictions
• Events outside our reasonable control

Support availability, response times, and service levels may vary based on your subscription plan or separate written agreement.

22. No Guaranteed Results

ClimaCall may provide tools intended to help improve communication, organization, lead follow-up, customer experience, dispatching, scheduling, marketing, and operational efficiency.
However, ClimaCall does not guarantee:

• More leads, bookings, revenue, profits, reviews, or customers
• Specific conversion rates, response rates, close rates, or return on investment
• Improved search rankings, advertising performance, or marketing results
• Reduced costs, fewer missed calls, fewer disputes, or fewer operational issues
• That any automation, script, template, message, workflow, or AI output will produce a desired result

Your business results depend on many factors outside ClimaCall’s control, including your pricing, service quality, market conditions, staffing, response times, reputation, advertising, competition, customer demand, and business practices.

23. No Emergency Use

The Service is not designed or intended for emergency communications, emergency dispatch, life-safety services, urgent safety situations, medical emergencies, fire emergencies, or situations requiring immediate response.
You agree not to rely on the Service as your sole method for emergency communications, urgent dispatch, customer safety notifications, or time-sensitive life-safety matters.

24. Disclaimers

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, ClimaCall disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, and quiet enjoyment.
ClimaCall does not warrant that:

• The Service will be uninterrupted, secure, timely, accurate, complete, or error-free
• The Service will meet your specific business needs, expectations, or legal requirements
• Any leads, sales, revenue, bookings, customer responses, profits, reviews, or business outcomes will result from using the Service
• AI, automation, analytics, recommendations, scripts, or generated content will be accurate, compliant, complete, or suitable
• Errors, defects, outages, or vulnerabilities will be corrected immediately
• Third-party services, carriers, providers, or integrations will remain available or compatible

You are responsible for evaluating whether the Service is appropriate for your business and for maintaining appropriate backups, procedures, safeguards, review processes, and legal compliance practices.

25. Limitation of Liability

To the fullest extent permitted by law, ClimaCall, its owners, officers, directors, employees, contractors, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages, including:

• Lost profits
• Lost revenue
• Lost business opportunities
• Loss of goodwill
• Loss of data
• Service interruption
• Customer disputes
• Missed leads, missed calls, missed messages, or missed appointments
• Chargebacks or payment disputes
• Cost of substitute services
• Business interruption or operational disruption

To the fullest extent permitted by law, ClimaCall’s total cumulative liability for any claim arising out of or relating to the Service or these Terms will not exceed the greater of:

• The amount you paid to ClimaCall for the Service during the three months immediately preceding the event giving rise to the claim; or
• One hundred dollars ($100)

The limitations in this section apply whether the claim is based on contract, tort, negligence, strict liability, statute, warranty, or any other legal theory, even if ClimaCall has been advised of the possibility of such damages.
Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

26. Indemnification

You agree to defend, indemnify, and hold harmless ClimaCall, its owners, officers, directors, employees, contractors, affiliates, licensors, service providers, and representatives from and against any claims, demands, damages, liabilities, losses, settlements, judgments, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Your access to or use of the Service
• Your misuse of the Service
• Your Customer Data
• Your End Customers, employees, technicians, contractors, leads, or Authorized Users
• Your communications, calls, texts, emails, marketing, automations, or customer interactions
• Your violation of these Terms
• Your violation of applicable laws, regulations, carrier rules, or third-party policies
• Your violation of third-party rights, including privacy, publicity, intellectual property, or consumer rights
• Your products, services, pricing, estimates, jobs, invoices, warranties, refunds, chargebacks, disputes, or business operations
• Your failure to obtain required consent or provide required notices
• Any claim by an End Customer or third party related to your business or use of ClimaCall

ClimaCall reserves the right to control the defense of any matter subject to indemnification, and you agree to cooperate with our defense.

27. Suspension and Termination

We may suspend, restrict, or terminate your access to the Service, with or without notice, if:

• You violate these Terms
• Your account is past due or payment fails
• Your use creates legal, security, operational, financial, deliverability, reputational, or business risk
• Your communications generate excessive complaints, opt-outs, bounces, carrier issues, abuse reports, or provider warnings
• We are required or advised to do so by law, court order, carrier requirement, regulator, payment processor, platform, or third-party provider
• We suspect fraud, abuse, unauthorized access, or misuse
• We discontinue the Service or any portion of it

Upon termination, your right to access and use the Service will end immediately unless otherwise stated. You remain responsible for all fees and obligations incurred before termination.
Certain provisions of these Terms will survive termination, including payment obligations, confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and any provisions that by their nature should survive.

28. Data Export and Account Closure

Before closing your account, you are responsible for exporting any Customer Data you wish to retain, where export functionality is available.
After account cancellation, expiration, suspension, or termination, ClimaCall may delete, anonymize, archive, or retain data in accordance with our Privacy Policy, backup practices, legal obligations, accounting requirements, fraud prevention needs, dispute resolution needs, and legitimate business purposes.
We are not responsible for loss of data after account cancellation, expiration, termination, non-payment, failed export, or failure to download data before account closure.

29. Changes to the Service

We may update, modify, suspend, replace, discontinue, limit, or remove any part of the Service at any time. This includes features, plans, integrations, APIs, workflows, automation tools, AI tools, pricing, usage limits, storage limits, messaging limits, and support options.
We are not liable for any modification, suspension, or discontinuation of the Service or any feature, unless otherwise required by law or expressly agreed in writing.

30. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Service, business practices, technology, legal requirements, or other reasons.
When we make changes, we will update the “Last Updated” date above. For material changes, we may provide additional notice, such as through email, your account dashboard, or a notice on our website.
Your continued use of the Service after updated Terms are posted or otherwise made available constitutes your acceptance of the updated Terms.

31. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles, unless otherwise required by applicable law.
You agree that any dispute arising out of or relating to these Terms or the Service will be handled in the state or federal courts located in Delaware, unless a different dispute resolution process is required by applicable law or agreed in writing.

32. Dispute Resolution

Before filing a formal claim, you agree to first contact ClimaCall at legal@climacall.com and attempt to resolve the dispute informally.
The parties agree to attempt in good faith to resolve disputes informally for at least thirty (30) days after written notice of the dispute is received.
If a dispute cannot be resolved informally, the parties agree to pursue the dispute in the courts described in the Governing Law section, unless a separate written agreement provides otherwise.
Nothing in these Terms prevents either party from seeking injunctive or equitable relief to protect intellectual property, confidential information, security, data, systems, or unauthorized use of the Service.

33. Class Action Waiver

To the fullest extent permitted by law, you and ClimaCall agree that any dispute, claim, or controversy will be brought only on an individual basis and not as a plaintiff, claimant, or class member in any class, collective, consolidated, representative, or private attorney general action.
If this class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request for relief may be severed and handled separately to the extent permitted by law.

34. No Professional Advice

ClimaCall may provide software tools, business tools, automation, analytics, templates, scripts, communications, recommendations, generated content, or other materials. These materials are provided for general informational and operational purposes only.
ClimaCall does not provide legal, tax, accounting, financial, insurance, employment, compliance, contractor licensing, marketing, or other professional advice. You are responsible for consulting qualified professionals regarding your specific business needs and legal obligations.

35. Electronic Communications

By using the Service, you consent to receive electronic communications from ClimaCall, including account notices, billing notices, renewal notices, payment notices, security alerts, service updates, legal notices, and administrative messages.
You agree that electronic communications satisfy any legal requirement that such communications be in writing.
You may opt out of promotional communications, but you may still receive important transactional, legal, billing, security, or administrative messages related to your account or use of the Service.

36. Export, Sanctions, and Restricted Use

You agree not to use, export, re-export, or transfer the Service in violation of applicable export control, sanctions, or trade laws.
You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive sanctions, and that you are not listed on any restricted party list maintained by applicable government authorities.

37. Publicity

Unless you notify us otherwise in writing, you grant ClimaCall permission to use your business name and logo to identify you as a customer in our marketing materials, customer lists, website, presentations, and sales materials.
You may revoke this permission by contacting us at legal@climacall.com.

38. Miscellaneous

38.1 Entire Agreement

These Terms, together with our Privacy Policy, EULA if applicable, order forms, invoices, billing terms, and any written agreements between you and ClimaCall, constitute the entire agreement between you and ClimaCall regarding the Service.

38.2 Order of Precedence

If there is a conflict between these Terms and a separately signed written agreement between you and ClimaCall, the signed written agreement will control to the extent of the conflict.

38.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

38.4 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights.

38.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. ClimaCall may assign these Terms in connection with a merger, acquisition, restructuring, financing, sale of assets, change of control, or by operation of law.

38.6 Force Majeure

ClimaCall will not be liable for delays, failures, interruptions, or losses caused by events beyond our reasonable control, including natural disasters, labor disputes, internet or utility failures, cyberattacks, war, terrorism, civil unrest, government actions, carrier outages, third-party provider failures, payment processor issues, supply chain issues, or other unforeseen events.

38.7 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, agency, franchise, or fiduciary relationship between you and ClimaCall.

38.8 Headings

Headings are for convenience only and do not affect the interpretation of these Terms.

39. Contact Us

If you have questions about these Terms & Conditions, please contact us: