CTM Terms of Service

CTM Terms of Service

Effective date

June 29, 2026

CTM (“we/us/our” or “CallTrackingMetrics”) provides its services subject to the terms and conditions contained in these Terms of Service (the “Terms”). These Terms apply to the use of CallTrackingMetrics on ctm.com, calltrackingmetrics.com, calltrackingapp.com, call tracking technology, text message, reporting software described below, or other re-branded/white labeled versions of the CTM software (“Sites”). Use and access to the Services (as defined in Section 2 below) are subject to these Terms. To become eligible to use the Services, you (“you/your” or “Customer,” subject to Section 2) must review and accept the Terms by clicking the “I accept” check box when you create your account or other mechanisms provided by us (such as in a contract). Customers that rebrand, white label, or otherwise resell our services are responsible for ensuring their provision of services to their customers complies with all applicable laws and obligations, including but not limited to compliance with applicable tax and regulatory obligations.

Please review the Terms carefully. These Terms contain auto-renewal (see Section 9.2) and automatic credit card payment provisions (see Section 8.1), as well as the procedures for cancelling the Services. Costs for plans are set forth at https://www.ctm.com/plans-pricing/, unless modified in an Order Form (as hereinafter defined in Section 5) signed by us, and are subject to our Fee and Tax Disclosures at https://www.ctm.com/legal/tax-and-fee-disclosures. By agreeing to these Terms, you are consenting to and agreeing to be bound by all of the provisions hereof, including automatic renewals and automatic charging of your credit card, and all CTM policies.

You acknowledge that, these Terms, along with any Order Form, contract form or addendum provided or accepted by CTM, other information we provide to you, and such CTM policies as are incorporated herein from time to time, including without limitation the Acceptable Use Policy as posted from time to time (the “AUP”) and Privacy Notice, Cookie Policy, become a binding legal agreement between you and us (collectively, the “Agreement”). If you have any questions, you can reach CTM at https://ctm.com/contact.

1. Representations and Warranties of Acceptor

By accepting the Agreement or accessing the Services for a company or other entity, you hereby represent and warrant that you (1) have the legal right and authority to enter into these Terms for the company or other entity as named in the Account (as hereinafter defined), (2) acknowledge that you are accepting these Terms, along with any service order or contract submitted by you, on behalf of a company or other entity, (3) you are binding the company or other entity to the Terms and any Order Form or contract submitted by you, and (4) if you cease to be affiliated with the company or entity for which you entered the Terms, then the Account and associated content and data is maintained as the property of the company or entity, and the authorized officers of that organization, and you will have no claim against CTM with respect to the ownership, possession or use of any such Account, content or data. If you are accepting these Terms or submitting a service order or contract, you will not be subject to personal liability for Customer’s breach of any provision hereof, unless you have breached one of the foregoing representations or warranties.

2. Definitions

Capitalized terms not otherwise defined herein will have the meanings attributed to them in this Section 2. Unless context clearly requires otherwise, the singular of any term includes the plural and vice versa, and terms of any gender include all genders.

“Account” means the profile created at www.CTM.com (or other such URL we may designate) when the Customer completes the account registration process, including the provision of payment information and acceptance of the Agreement.

“Available Balance”: means the money the Customer has added to the Account to fund usage in the Account.

“Bring Your Own Carrier” or “BYOC”: Arrangements wherein Customer may elect to use the Services in conjunction with a third-party telecommunications carrier selected by Customer.

“Customer Data”: means information made available to us through your use of our Services under these Terms, which includes information such as your name, contact information, billing records, call or messaging logs, and traffic routing information, Customer Proprietary Network Information (CPNI), and the content of communications sent through or integrated with our Services, such as audio recordings, message bodies, call recording transcriptions, voice recordings and other biometric information.

“Customer Personal Data”: means any personal data contained in the Customer Data (where “personal data” has the meaning given to it by the Data Protection Laws).

“CPNI” or “Customer Proprietary Network Information”: has the meaning ascribed to it under 47 U.S.C. § 222 and the FCC’s implementing regulations at 47 C.F.R. Part 64, Subpart U, and includes information related to the quantity, technical configuration, type, destination, location, and amount of use of telecommunications services subscribed to by, and that is made available to, a customer solely by virtue of the carrier-customer relationship.

“Data Protection Laws”: means applicable legislation protecting the personal data of natural persons and the privacy of electronic communications, including in particular: (a) applicable U.S. state privacy laws and any other comprehensive state privacy statute enacted and in effect during the Term; (b) Regulation (EU) 2016/679 (“GDPR”) and any national legislation which supplements the GDPR; (c) national legislation implementing Directive 2002/58/EC (as amended) and any successor legislation; (c) UK General Data Protection Regulation.

“Documentation”: Any usage guides and policies for the Services contained in instructions or other documentation provided with the Services or made available by us in connection with the Services.

“Standard Contractual Clauses” or “SCCs”: means the standard contractual clauses for the transfer of personal data to third countries adopted by the European Commission pursuant to Commission Implementing Decision (EU) 2021/914 of 4 June 2021, as supplemented by any applicable national supplemental measures, and as may be amended or replaced by the European Commission from time to time.

“Services”: CTM’ Services consist of one or more of the following: a web-based interface, website number insertion, information about the caller, call forwarding, browser phone, advertising channel information for incoming phone calls, text messaging applications, call and text data access, call and text data storage as well as software maintenance and upgrades and customer support, and such other services as CTM may provide from time to time.

“Service Address”: Taxes and Fees (as defined herein) for CTM’s services are dependent on the primary location where the Customer consumes our services, which is determined by the Customer’s Service Address. If the Customer fails to provide a service address, this will default to the billing address on the account.

“User”: Any user of CTM’s Services that interacts with our Services, whether such user is authorized or permitted access to the Services by Customer in accordance with these Terms (an “Authorized User”) or unauthorized. “User” also includes end users of the Services within Customer’s organization and Customer’s customers to the extent Customer resells or rebrands the Services. Customer is responsible for all actions or inactions of their Users.

3. Changes to These Terms

We may update or modify these Terms and our posted policies from time to time. We will provide you with written notice of any updates or modifications to these Terms that materially modify your Services or your obligations hereunder at least thirty (30) days in advance of the effective date; unless such material updates result from changes in laws, regulations, or requirements from telecommunications providers, in which event we will use commercially reasonable efforts to provide such notice as may be practicable under the circumstances. Notice will be given in accordance with Section 18.6 (Notices). This notice will highlight the intended updates and the effective date. The updated version of these Terms will supersede all prior versions. For all other changes or updates to these Terms, we may, but shall not be obligated to, provide notice, which notice may be given in any manner we deem appropriate. Notice will generally not be given for changes to our policies, including the AUP and Privacy Notices, except that modified versions of policies will specify the date on which they were updated. We may (but will not be required to) post notice in advance of policy changes on our website. You acknowledge and agree that you are obligated to review our website, these Terms, and any policies referenced herein (including the AUP and Privacy Notices) periodically to ensure your compliance. Following notice of material updates or modifications to these Terms, or commencing on the next billing cycle after the posting of any other updates or modifications to these Terms or any updates or modifications of any of our policies, your continued use of the Services on or after the effective date of the applicable updates or modifications constitutes your acceptance of such updated or modified Terms and/or policies. If you do not agree to the updated version of these Terms or policies, you must stop using the Services immediately and notify CTM in writing pursuant to Section 17.6 herein.

4. Account Creation and Information

4.1 Account Creation: To use the Services, you will be asked to create an Account. As part of the account creation process, you’ll be asked to provide your email address, create a password, and verify that you are a human being by providing a telephone number to which we will send you a verification code to enter into an online form and use as part of our two-factor authentication process. Until we authorize an Account, your access to the Services will be limited. When creating an Account, you must provide true, accurate, current, and complete information about yourself and/or the Customer, if an entity, as requested during the Account creation process. You must keep that information true, accurate, current, and complete after you create each Account.

4.2 Account Authorization: As part of our ongoing and routine monitoring of Account activity and to help us reduce the risk of fraudulent use of your Account and the Services, you will initially be limited in the number of transmissions you can send while we are activating your Account. When necessary, we will reach out to the Customer to request additional information needed to fully authorize an Account.

4.3 Restriction: If you breach these Terms, including, without limitation, your payment obligations in Section 8 (Fees and Payment Terms), you are strictly prohibited from creating new accounts until you remedy such breach in full.

5. Provision of Services

5.1 Our Responsibilities. We will make the Services available to you in accordance with these Terms, our Documentation, including any usage guides and policies for the Services contained in such Documentation, and any applicable ordering document between the parties that specifies mutually agreed upon rates for certain Services and other commercial terms, including any applicable minimum spend commitments (“Order Form”). We will provide the Services in accordance with laws applicable to our provision of the Services to our customers generally (i.e., without regard for your particular use of the Services), subject to your use of the Services in accordance with these Terms, the applicable Documentation, and any applicable Order Form(s). We will, if applicable, use trained, qualified personnel to provide the Services and use commercially reasonable efforts to provide you with applicable support for the Services as described in Section 11.

5.2 Availability: Services described on the CTM websites may or may not be available in all countries or regions of the world and may be available under different trademarks in different countries. Additionally, some Services may rely upon third-party facilities, networks, hardware, software, or services, which may not be available at all times or in all areas. CTM will have no liability for any unavailability of Services except as may be set forth in the support provisions of Section 11.

5.3 Modification: CTM may at any time change or modify the features and functions of the Services, which may change over time, provided, however, we will not materially decrease the overall functionality of the Services or discontinue a Service without providing advance notice to Customer. CTM will use reasonable efforts to provide reasonable advance notice to Customer prior to implementation of a material change in Service and to provide information required for Customer to continue to use the Services.

5.4 Phone Numbers: Unless Customer is using a BYOC arrangement, CTM will use commercially reasonable efforts to obtain the telephone number(s) requested and use commercially reasonable efforts to initiate and complete port requests. Customer acknowledges that CTM may need to change the telephone number assigned to the Customer (due to an area code reassignment or split, or for any other reason). Customer acknowledges that if the Service is suspended or terminated due to non-payment or breach of these Terms, Customer may not be able to obtain the same local or toll-free numbers should the Service be reactivated.

5.5 Porting: Unless Customer is using a BYOC arrangement, we allow Customers to port phone numbers in or out of Customer’s Account, in accordance with applicable laws, the policies of our underlying service providers, and prevailing practices in the telecommunications industry. It is the Customer’s responsibility, as the case may be, to provide us with appropriate letters of authorization and such other documentation as we may request to port in a number from another carrier, or to confirm the completion of a port-away request with the winning carrier and release the tracking numbers from the Customer’s Account. In the event you port out any number, you will remain responsible for all Fees and other amounts due in connection with such number until the port is completed and you have completed all steps required to release the number from your Account. In connection with any port-in, we may require you to select a temporary number from a list of DID/ telephone numbers that we will provide, which will be used until the port-in is complete. In no event will we be liable for any delays in or rejection of a porting request by the winning or releasing (as the case may be) carrier.

5.5.1 Any attempts to use CTM merely as a source of number storage or accumulation without use of the numbers on our system are not permitted and are grounds for suspension or Termination (see 9.7 Material Breach) at CTM’s sole discretion. CTM reserves the right, in its sole and absolute discretion, to reclaim or reassign any number under Customer’s account that has not been used for at least thirty (30) days.

5.6 Activation: For non-BYOC Customers, phone numbers may not be immediately active from the time of purchase if the numbers require additional validation to be activated, such as a local billing address or other identity verification, depending on the country of origin.

5.7 Compliance with Terms: Customer is responsible for their compliance with these Terms as well as their Users’ compliance. For clarity, Customer is responsible for their User’s conduct regardless of whether Customer rebrands or white-labels the services and sells the same to its customers or whether it makes the services available to Users within its own organization. Customers are responsible if Customer or any of their Users violates these terms, CTM may suspend Customer’s use of the Services immediately and in our sole discretion upon notice to you for cause if:

(a) you or a User has materially breached (or we, in good faith, believe that you or a User has materially breached) any provision of these Terms or any provision of the AUP;

(b) there is an unusual and material spike or increase in your use of the Services, and we believe that such traffic or use is fraudulent or materially and negatively impacting the operating capability of the Services;

(c) we determine that our provision of the Services is prohibited by applicable law or regulation;

(d) there is any use of the Services by you or a User that, in our sole judgment, threatens the security, integrity, or availability of the Services;

(e) information in your Account is untrue, inaccurate, or incomplete;

(f) you have failed to pay any amount when due and have not cured such failure within five (5) days of the date on which payment was due; or

(g) as provided in Section 7 of these Terms or the AUP.

If we suspend the Services pursuant to this Section 5, Section 7, or the AUP, you will remain responsible for the Fees (as defined below), and we will have no liability for any damage, liabilities, losses (including any loss of data or profits) of any kind whatsoever, or any other consequences that you may incur in connection with any such suspension.

6. VoIP E911 Disclaimers:

CallTrackingMetric’s outbound VoIP calling services are 911-enabled. VoIP services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, creates unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 911 emergency services.

Because of the unique nature of VoIP telephone calls, emergency calls to 911 through your VoIP service will be handled differently than traditional phone service. Specifically, the Services are nomadic in nature and can be used anywhere with an Internet connection. The following provisions describe the differences and limitations of 911 emergency calls, and you hereby acknowledge and understand the differences between traditional 911 service and VoIP calls with respect to 911 calls placed to emergency services from your account as described below.

Placing 911 Calls: When you make a 911 emergency call, the Service will attempt to automatically route your 911 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to the address of record on your account. YOU ARE RESPONSIBLE FOR PROVIDING, MAINTAINING, AND UPDATING ACCURATE CONTACT/LOCATION INFORMATION (INCLUDING NAME, RESIDENTIAL ADDRESS, AND TELEPHONE NUMBER) WITH YOUR ACCOUNT. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 911 calls may be misdirected to an incorrect emergency response site.

Further, due to the limitations of the VoIP services, your 911 call may be routed to a different location than the one that would be used for traditional 911 dialing. For example, your call may be forwarded to a third-party specialized call center that handles emergency calls. This call center is different from the PSAP that would answer a traditional 911 call, which automatically generates your address information, and consequently, you may be required to provide your name, address, and telephone number to the call center.

The VoIP Service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address, and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number, or physical location. Therefore, WHEN MAKING A 911 EMERGENCY CALL, YOU MUST IMMEDIATELY INFORM THE DISPATCHER OF YOUR LOCATION (OR THE LOCATION OF THE EMERGENCY, IF DIFFERENT). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.

Disconnections: You must not disconnect the 911 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.

Connection time: For technical reasons, including network congestion, it is possible that a 911 emergency call will produce a busy signal or will take longer to connect when compared with traditional 911 calls.

911 Calls May Not Function: For technical reasons, the functionality of 911 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:

  • Instances where your equipment used to access the VoIP Services fails or is not configured correctly,
  • If you are experiencing power outages,
  • If you are experiencing a VoIP Service outage, suspension or disconnection of your service due to billing issues,
  • If you are experiencing outages or interruptions with your Internet access services, including outages related to suspension or termination of your Internet access services for non-payment,
  • Network or Internet congestion or network outages.

If you are not comfortable with the limitations of 911 emergency calls, CTM recommends that you terminate the VoIP Services or consider an alternate means for accessing traditional 911 emergency services.

You are responsible for notifying, and you agree to notify, any user or potential users of your VoIP Services of the nature and limitations of 911 emergency calls on the VoIP Services as described herein.

Warranty Disclaimer, Limitation of Liability and Indemnification: You acknowledge and agree that, to the fullest extent permitted by applicable law, CTM shall not be liable for any inability to complete 911 calls from any customer line or site or to access emergency service personnel, for any reason whatsoever, except to the extent that such failure is caused by CTM’s gross negligence or willful misconduct. This disclaimer of liability is in addition to the limitations of liability set forth herein.

CTM DISCLAIMS ALL RESPONSIBILITY FOR THE CONDUCT OF EMERGENCY RESPONSE CENTERS, EMERGENCY PERSONNEL, AND ALL OTHER THIRD PARTIES INVOLVED IN THE PROVISION OF EMERGENCY RESPONSE SERVICES. YOU SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS CTM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL CLAIMS, LAWSUITS, LOSSES, DAMAGES, LIABILITY, FINES, PENALTIES, COSTS, AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS, ARISING FROM, OR RELATED TO, ANY ABSENCE, FAILURE, OR OUTAGE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, 911 CALLING AND/OR INABILITY OF CUSTOMER OR ANY CUSTOMER EMPLOYEE, THIRD PERSON OR PARTY, OR USER OF CALLTRACKINGMETRIC’S SERVICE TO BE ABLE TO CALL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL. IN NO EVENT SHALL CTM BE LIABLE TO YOU OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE 911 SERVICES.

7. Customer Regulatory Responsibilities

7.1 Illegal Robocalling Traceback Cooperation

CTM and Customer will cooperate and third parties, as necessary, to determine the origin of a voice call to or from a United States phone number that is suspected of being an illegal robocall by identifying (a) the upstream voice service provider from which such voice call entered CTM’ or its upstream carriers’ networks or (b) its own customer or User, as applicable, if such voice call originated from within the Customer’s Account. Notwithstanding the foregoing or any other provision hereof, CTM makes no representation, warranty or commitment of any kind regarding the attestation level that any voice service provider may assign to calls under Customer’s Account or over any phone number assigned to Customer, and CTM shall have no liability for any attestation level assigned by any voice service provider, any determination of a voice service provider to block any traffic under Customer’s Account or associated with any phone number assigned to Customer, or any blocking of traffic by CTM that it believes is necessary to comply with FCC rules or other applicable law.

7.2 Unsolicited Advertisements and Contact Law Compliance

You acknowledge and agree that communication practices including without limitation, the placing of unsolicited calls; the sending of commercial email, unsolicited facsimile, Internet facsimile, SMS, or other messages; the use of prerecorded or artificial technologies; the placing of certain calls using certain automated telephone equipment; or any other commercial contact activities (“Contact Activities”) are subject to various federal, state, and local laws, rules, and regulations, including but not limited to the Telephone Consumer Protection Act (“TCPA”), the Telemarketing Sales Rule (“TSR”), the CAN-SPAM Act, state telemarketing laws, and other applicable contact laws (collectively, “Contact Laws”). To the extent you or your Users, employees, agents, representatives or subcontractors engage in Contact Activities with your use of the Services, you shall: (a) have a lawful purpose for engaging in Contact Activities; (b) obtain prior express consent (including written when applicable) or require compliant, documented consent from a third party before initiating Contact Activities; (c) exclude contacts on the National Do Not Contact (“DNC”) list, state DNCs and your internal DNC lists, (d) provide clear opt out instructions and promptly honor opt out requests, (e) honor disclosure, calling hour, and other contact requirements; and (f) obtain all approvals, authorizations, registrations, rights, permissions, licenses, and other authorities, as are necessary or required by applicable law to authorize and enable us to process and use the phone numbers collected for use in connection with your use of the Subscription. You shall keep complete and accurate consent records, call logs, and compliance documents of all Contact Activities for a maximum of four (4) years and provide copies to us promptly upon request. We may audit your Contact Activities with five (5) business days’ notice or immediately after we receive notice of a regulatory investigation, litigation, or credible claims of TCPA violations. You shall provide complete access to all records, systems, and personnel necessary for the audit.

7.3 Call Recording and AI Call Processing

Customer and its Users shall, before recording any call through the Services: (a) implement technically and legally sufficient call recording disclosure and consent mechanisms as required by law; (b) maintain auditable records of all call recording consents; and (c) where Customer enables or uses any artificial intelligence summarization, transcription, analysis, or other automated processing feature applied to recorded calls (“AI Call Processing“), ensure that the consent obtained from call participants expressly covers the use of AI tools to process, analyze, summarize, or extract information from the recording, and that such consent disclosure identifies, at a minimum, that the call may be processed by automated AI systems following recording and call content and any derivative AI outputs may be transmitted to or processed by third-party AI service providers, as applicable.

7.4 Excluded Service

Customer will not use the Services for any Excluded Service, for excessive Short Duration Calls, or for activity that exceeds the Incomplete Call Threshold, as such terms are defined in the AUP. Such usage may, in addition to our other remedies hereunder, result in additional surcharges as outlined in the AUP or in our then-posted rates and charges.

7.5 Unauthorized Use

Customer is solely responsible for securing all passwords, access to the Service, and detecting unauthorized use. In the event Customer suspects or determines that an unauthorized user has gained access to their account and/or Services, Customer shall immediately notify CTM of the same, and Customer shall remain liable for all unauthorized use of the Services, including payment for the same, until such notice is provided.

7.6 Note About PHI

You should not use CTM products or services to receive, send, or otherwise process Personal Health Information (“PHI”) as defined by the Health Insurance Portability and Accountability Act of 1996 as amended (HIPAA), unless you have a Business Associate Agreement (“BAA”) with CTM or your use case for CTM products and services does not require a BAA. CTM disclaims all liability for PHI sent, received, or processed through CTM products or services without a Business Associate Agreement. Please contact our sales team to discuss HIPAA-compliant uses of CTM products and services.

8. Fees and Payment

8.1 Account Available Balance: To start using the CTM service, the Customer will need to select a subscription plan and add money to the “Account Available Balance” in their online account portal to fund usage in the account. The Customer chooses how much to initially add to the Available Balance and at what point it should automatically recharge. Thereafter, the usage fees, including phone number rentals, minutes used, text messages sent or received, and any other fees for services such as premium Caller ID, keyword spotting, additional calls per second capacity, transcription services, form completions, etc. (collectively “Usage”) will all be deducted from the Available Balance. If the recharge settings that the Customer has chosen result in charge attempts to their card that CTM deems, in its sole discretion, to be too frequent or to place undue burdens or costs upon CTM, CTM reserves the right to adjust the balance to reduce the frequency to no more than one charge per day based on the average daily use in the Account. Customer authorizes CTM to charge Customer’s credit card on file, in accordance with Section 9.2, for the amount associated with the Available Balance and frequency as adjusted by CTM pursuant to this Section 9.1.

8.2 Credit card Payment Terms: Customer shall provide current and valid credit card information upon establishing the Account. Customer is solely responsible for adding or modifying payment methods and maintaining valid payment information associated with its Account. Customer grants CTM the right to charge any of the credit cards in Customer’s Account for all fees incurred under the Agreement, including all Taxes and Fees, Surcharges, and Cost Recovery Fees (as hereinafter defined) applicable thereto. Customer is responsible for (a) managing auto-recharge settings on the Account and (b) ensuring that the Account has a sufficient positive balance to cover all fees due.

8.2.1 Negative Available Balance: If, for any reason, your Account has a $0 or negative balance, CTM may, instead of charging your credit card on file, in its sole discretion, suspend your Account, preventing further usage from occurring until funds are added to the Available Balance. If your balance remains at $0 or below for more than 60 days, it will be canceled until the Account is funded and all Fees and other amounts due are paid in full. You are prohibited from creating new accounts until the fees due from your prior account(s) are paid in full.

8.3 Each subscription plan has an associated monthly fee (the “Fee”), as posted on our website. The monthly Fee for the chosen subscription plan, plus all associated Taxes and Fees, Surcharges, Cost Recovery Fees, late charges, or other amounts due, will be charged to the Customer’s payment methods on file. The plan will continue to renew until the Customer cancels the Account by going to the “account settings” or “agency settings” page. In the case of an agency plan, the monthly subscription fee will continue to be charged to the Customer until the agency has been canceled (canceling just the sub-accounts will not stop the monthly subscription fee from being charged).

8.4 Customers can elect to sign up for prepaid 12 or 24-month subscription plans. In those plans, the monthly subscription Fee is discounted and paid up front by the Customer for either a 12- or 24-month period.

8.5 Tracking Numbers: Each tracking number purchased is valid for 30 days of service and will thereafter automatically renew for successive additional 30-day periods. The monthly Fee for the number will be deducted from the Available Balance as soon as the Customer purchases the number and every thirty days thereafter. The Customer can cancel a tracking number by releasing it on the edit tracking number page. There are no refunds given for tracking numbers purchased accidentally, nor are there prorated refunds for tracking numbers released during the 30-day period.

8.6 Per Minute Charges: For clarification and without limitation to which plan has been selected, CTM shall bill for all minutes of usage for each call from the instant a call is initiated by, or connected to, the CTM network to the instant all parties to such call are disconnected. Call duration calculations will be rounded up to the nearest minute. The per-minute rates shown on the pricing and signup page apply to the standard rate center for each country that matches the purchased tracking number. Actual per-minute rates may be higher depending on the rate center of the receiving number. Customer can check the exact per-minute rate of their receiving number rate center lookup here: CTM/ Rates.

8.7 Licenses: Customers can choose to add on licenses to their Account, such as “Chat” or “Agent”. The monthly license Fee(s) are charged to the Account Available Balance. If the Customer has multiple licenses renewing on the same day, they will be grouped into one deduction amount from the Available Balance. There are no refunds given for licenses purchased accidentally and no prorated refunds for licenses canceled during the month.

8.8 Collections: If CTM requires the use of collection agencies, attorneys, or courts of law for collection on the Account, Customer will be responsible for those expenses.

8.9 Fee Changes: CTM may change any Fee, or any component of its Fees under any Service plan, by posting the changes to its websites or otherwise notifying customers of the change. Such changes to any Fees will take effect at the beginning of the next period of service under Customer’s Account, unless CTM specifies another effective date in writing.

8.10 Disputed Charges: Billing disputes must be submitted within 30 days of the applicable billing date or are deemed waived. Disputes shall be considered in the order received and are subject to determination in the sole judgment of CTM. If a valid, settled transaction is disputed through the processing bank as a “chargeback” and thus the transaction is reversed, the amount of that transaction will be deducted from the current Available Balance of the corresponding Account, AND a $50 processing fee will be applied to the Account. Please take care not to dispute valid transactions.

8.11 Use of Secondary Carrier: Customers may request tracking numbers that are not available through our primary carrier. These numbers may have different monthly and per-minute rates than the standard rates for the plan. Customer will be notified of these differences prior to CTM procuring the number, and Customer must agree in writing to approve the difference. Upon such agreement, Customer shall be responsible for all costs of numbers acquired through such other carrier, including any Taxes and Fees assessed by such carrier, and shall indemnify and hold CTM harmless from all such costs.

8.12 Taxes and Fees: All Service charges are exclusive of any applicable taxes, levies, duties, regulatory fees, or other similar exactions imposed by a legal, governmental, or regulatory authority in any applicable jurisdiction, including, without limitation, sales, use, value-added, consumption, communications, or withholding taxes (collectively, “Taxes and Fees”). For the avoidance of doubt, CTM will impose sales tax, where applicable, on the software Services provided to Customers under a BYOC arrangement. BYOC Customers are responsible for ensuring that their third-party carriers are appropriately imposing and collecting communications-specific Taxes and Fees that apply to the third-party communications services.

8.12.1 Surcharges: In addition to the extent our upstream carriers and industry groups may impose surcharges related to the Services, we will pass those surcharges onto You, and the surcharges will be shown as a separate line item on an invoice. Specifically, some carriers impose fees on CTM related to the registration of numbers for emergency calling purposes. We will pass those fees and associated administrative costs on to you. In addition and without limiting the foregoing, certain telecommunications industry registry, campaign registration, vetting, or brand registration fees (including fees charged by The Campaign Registry or similar entities) may be assessed in connection with messaging services. Such fees are imposed by third-party registry or carrier partners and may be non-refundable, including in circumstances where a campaign submission is rejected, denied, suspended, or later revoked by a carrier or registry. Customer is responsible for all such fees once a campaign or registration submission is initiated, regardless of the approval outcome. You will indemnify CTM for and pay all costs, fines, or penalties that are imposed on CTM by a government or regulatory body or a telecommunications provider as a result of your or your Users’ use of the Services.

8.12.2 Cost Recovery Fees: We may also assess a cost recovery fee to recover our costs of compliance with regulatory programs applicable to the Services, as well as other administrative expenses. Such a cost recovery fee shall be shown as a separate line item on your invoice. Please refer to our fee disclosure for more information regarding the cost recovery fee.

8.12.3 Customer shall be responsible for maintaining an accurate service address for their Account, which will be used for the purpose of calculating applicable Taxes and Fees. Customer will pay all Taxes and Fees in connection with this Agreement, excluding any taxes based on CTM’s net income or employees.

8.12.4 If a Customer is exempt from any such Taxes and Fees for any reason, CTM will exempt them from such Taxes and Fees on a going-forward basis once we receive a duly executed and dated valid exemption certificate to our tax department and our tax department has approved such exemption certificate. Such exemptions should be sent directly to tax@calltrackingmetrics.com. If, for any reason, a taxing jurisdiction determines that the Customer is not exempt from any such exempted Taxes and Fees and then assesses us such Taxes and Fees, the Customer agrees to promptly pay to CTM such Taxes and Fees, plus any applicable interest or penalties assessed.

9. Term and Termination

9.1 Term: These Terms, as may be updated from time to time, will commence on the date they are accepted by you and continue until terminated in accordance with this Section 9 or the terms of your Service plan (“Term”).

9.2 Automatic Renewals: Twelve-month/annual plans automatically renew for successive 365-day periods. Twenty Four Month plans automatically renew for 730-day periods. Customers on these annual plans can cancel by notifying their Account Manager, submitting a ticket through our support center or sending an email to: info@calltrackingmetrics.com, at least 30 days in advance of the renewal date. CTM will endeavor to provide Customers on annual plans with 45 days’ notice before each annual renewal. Customers can cancel these annual plans at any time but no refunds will be given for unused portion of the annual term, and, if Customer cancels during the initial 12-month service term for reasons other than CTM’s uncured breach of these Terms, Customer will be obligated to pay an early termination fee equal to Customer’s monthly charges under its subscription plan multiplied by the remaining months in the initial service term. Plans with month-to-month terms may be cancelled by the Customer upon 30 days’ notice given to our support team via the email address or telephone number posted on our website.

9.3 Termination by CTM: We may terminate these Terms and close all of your Accounts for any reason upon thirty (30) days prior written notice to the Customer unless otherwise specified herein.

9.4 Termination By Customer: Customer may cancel Account and associated Services through the cancellation process on the Account settings page within the CTM website or for agencies, on the agency settings page. Past activity data and reports will be accessible for 60 days and then will be deleted. If Customer’s plan requires a commitment for a minimum Term and Customer cancels before the end of such Term, then Customer shall owe all Fees due for the remaining months in the Term.

9.4.1 Notwithstanding the preceding sentence, if there is an Order Form(s) or Addendum in effect, then these Terms will not terminate until such Order Form(s) or Addendum has expired or been terminated in accordance with its terms.

9.5 After canceling an Account, the Available Balance will be preserved for 90 days. If the Customer would like to request a refund of the Available Balance, they must do so within 90 days by submitting a ticket through our support center at: https://calltrackingmetrics.zendesk.com/hc/en-us/requests/new. Otherwise, the money will be forfeited.

Refunds can only be processed back to the card that was used to fund the Available Balance. For refunds in excess of $500, bank transaction fees will be withheld from any refunds– US fees are 3%, International fees are 5%. Additionally, no refund will be made if Customer terminates a Service prior to the end of the Term for that Service stated in the applicable plan or Order Form.

9.6 When canceling a monthly license, such as “Chat” or “Agent, the Customer will still be able to use the associated license through the end of the current billing cycle- unless they are also canceling the associated Account (in which case, they will no longer be able to use the licenses associated with it).

9.7 Material Breach: We, at our sole discretion, may terminate these Terms and close all of your Accounts in the event you breach these Terms and fail to remedy such breach within fifteen (15) days after we provide written notice of such breach to you. You may also terminate these Terms in the event we breach any of our material obligations under these Terms and fail to remedy such breach within fifteen (15) days after you provide written notice of such breach to us.

9.8 Insolvency: Subject to applicable law, either party may terminate these Terms immediately and close all of your Accounts by providing written notice in the event of the other party’s liquidation, commencement of dissolution proceedings, or any other proceeding relating to a receivership, failure to continue business, assignment for the benefit of creditors, or becoming the subject of bankruptcy.

10. Ownership, Confidentiality, and Use of Customer Data

10.1 Ownership: We exclusively own and reserve all right, title, and interest in and to the Services, our Confidential Information (as defined below), and any data, in anonymized or aggregated form that does not identify you, any Users, or any natural person, generated or derived from the use or operation of the Services, including volumes, frequencies, bounce rates, and performance results for the Services. You exclusively own and reserve all right, title, and interest in and to your Confidential Information and Customer Data, subject to our rights to use and disclose Customer Data in accordance with these Terms.

10.2 Our Use of Customer Data: You have or shall provide(d) all legally required notices and disclosures to agents, customers, data subjects, and other individuals; and (ii) obtain(ed) all approvals, authorizations, consents, rights, permissions, licenses, and other authority, and provide(d) all required choices, in each case as are necessary or required by applicable law to authorize and enable us to process and use Customer Data as necessary and instructed by you to (a) provide the Services consistent with this Section 11, any other applicable provisions of these Terms, our Data Protection Addendum and our Privacy Notices, including detecting, preventing, and investigating security incidents, fraud, spam, or unlawful use of the Services, and (b) respond to any technical problems or your queries and ensure the proper working of the Services.

10.3 You acknowledge that the Internet and telecommunications providers’ networks are inherently insecure. Accordingly, you agree we are not liable for any changes to, interception of, or loss of Customer Data while in transit via the Internet or a telecommunications provider’s network.
If you do not agree to the CTM Privacy Notices and/or Data Protection Addendum, you must stop using our Services. If you have any questions about either of them, you may contact us at 1-800-577-1872 or via email at privacy@calltrackingmetrics.com.

10.4 Data storage is not guaranteed by us, and you agree that we will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loss or deletion of Customer Data.

10.5 Trademarks: The brand names, slogans, trademarks, service marks, designs, and logos used on the CTM Website or in conjunction with the Service, including without limitation CTM (collectively, the “Marks”), are the trademarks of CTM and its licensors.

Customer further agrees not to use any domain name, trademark, trade name, service mark, logo, or other materials confusingly similar to the Marks without the prior written consent of CTM.

10.6 Site Content: All information and materials published, transmitted, or otherwise available on the CTM Website or through the Service (including, but not limited to, terms of service, use policies, service documentation, user help, informational resources, images, equipment configurations, audio clips, and video clips, collectively, “Content”) are protected by copyright or trademarked (as applicable), and owned or controlled by CTM, its licensors, or affiliated companies. Customer shall abide by all copyright and trademark notices, limitations, and restrictions applicable to any Content or to the Service. Without limiting the foregoing, no Content may be copied, reproduced, republished, reused, uploaded, downloaded, posted, or transmitted, other than through the Service in accordance with its intended use, nor may derivative works be created from it or distributed in any way.

10.7 Proprietary Technology: The software, hardware, and other technologies which CTM uses to deliver the Service (the “CTM Technologies”) contain confidential and proprietary information, trade secrets, and other property rights belonging to CTM and its licensors, and all rights to the CTM Technologies and all property rights related to the Service, including without limitation all patents (registered or unregistered), trade secrets (including diagrams, drawings, processes, production methods, information, data, computer software, and formulas), copyrights (whether registered or unregistered), domain names and subdomains, end-user and consumer information, work product resulting from custom implementation services, and contract rights, including all derivative works thereof (whether produced by CTM, Customer, or otherwise), shall remain exclusively with CTM and its applicable licensors.

Customer rights to the CTM Technologies are limited to a non-exclusive and non-transferable runtime right solely during the term of the applicable Account subscription and solely for the purpose of using the Service. All services are hosted by CTM, and no software code (other than APIs if CTM agrees to provide the same in its sole discretion) will be provided to Customer.

10.8 Derivative Works: Customer may not modify, create derivative works, or redistribute, sell, decompile, reverse engineer, or disassemble the CTM Technologies or otherwise attempt to deduce the source code, design, or data transmission characteristics of the CTM Technologies. Customer may not use packet sniffers or other network or IP tracing technologies on the Service or with the CTM Technologies except for the specific purpose of optimizing your network for use of the Service in accordance with CTM Service documentation.

10.9 Confidentiality: “Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party (“Disclosing Party”) to the other party (“Receiving Party”) that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure, including, without limitation, any Order Form(s), Customer Data, security reports and attestations, audit reports, customer lists, pricing, phone numbers, concepts, processes, plans, designs and other strategies, financial, and other business and/or technical information and materials of Disclosing Party and its Affiliates. Confidential Information does not include any information which: (a) is publicly available through no breach of these Terms by or fault of Receiving Party; (b) was properly known by Receiving Party, and to its knowledge, without any restriction, before disclosure by Disclosing Party; (c) was properly disclosed to Receiving Party, and to its knowledge, without any restriction, by another person without breach of Disclosing Party’s rights; or (d) is independently developed by the Receiving Party without use of or reference to the Confidential Information of Disclosing Party.

10.10 Use and Disclosure: Except as otherwise authorized by Disclosing Party in writing, Receiving Party will not (a) use any Confidential Information of Disclosing Party for any purpose outside the scope of these Terms and (b) disclose or make Confidential Information of Disclosing Party available to any party, except to its affiliates, and their respective employees, legal counsel, accountants, contractors, and in our case, subcontractors (collectively, “Representatives”) who have a “need to know” to carry out the purpose of these Terms. The receiving Party is responsible for its Representatives’ compliance with this Section 10.10. Representatives will be legally bound to protect Confidential Information of the Disclosing Party under terms of confidentiality that are at least as protective as the terms of this Section 10.10. The receiving Party will protect the confidentiality of Confidential Information of the Disclosing Party using the same degree of care that it uses to protect the confidentiality of its own confidential information, but in no event less than reasonable care.

10.11 Compelled Disclosure: Receiving Party may disclose Confidential Information of Disclosing Party if so required pursuant to a regulation, law, subpoena, or court order (collectively, “Compelled Disclosures”), provided Receiving Party gives Disclosing Party notice of a Compelled Disclosure (to the extent legally permitted). In any event, the Receiving Party will use commercially reasonable efforts to limit the Confidential Information disclosed to the minimum necessary to comply with the Compelled Disclosure, and to request confidential treatment of such Confidential Information.

11. Support

11.1 CTM General Support (“Support”) is available to Customers to help them with questions about their Account. General Support does not come with any response time or resolution guarantees. General Support does not include any uptime commitments or other service level commitments.

11.2. General Support is distinct from Professional Services, New Client Onboarding, or Premium Technical Support (collectively “Customized Support”), which are paid services. Terms for Customized Support are provided through Order Forms.

11.3 General Support does not provide detailed orientations, walkthroughs or assessments of a Customer’s Account.

11.4 The General Support Team cannot directly modify configurations or settings in a Customer’s Account.

11.5 General Support agents are not experts on the systems that CTM integrates with. Inquiries about integrations that involve the settings in another system will need to be addressed by the other system.

11.6 CTM may, in its sole discretion, determine the methods and channels for the provision of General Support. CTM has the discretion to limit the frequency and channels through which a Customer can contact General Support. If CTM determines that a Customer is requesting an excessive amount of time from General Support, CTM may rate-limit the number of inquiries responded to from that Customer or refuse to provide service to them.

11.7 CTM can only provide support to authorized Users of an Account. CTM may, in its sole discretion, limit the provision of Support to only individuals designated as authorized support contacts and/or may limit what topics can be covered based on the role the user has in the Account.

11.8 Customers seeking General Support over the phone or chat will be required to provide their Account ID, their first and last name, their login email address, and their support PIN before receiving services.

11.9 General Support inquiries can be answered by a variety of agents on the team. Customers cannot select or request to only work with particular agents.

11.10 General Support agents are not experts on supporting hardware (computers, headsets, routers, etc.) and telephone devices. Customers are responsible for their hardware and its use with CTM. Customers are solely responsible for supporting their computer hardware and telephone devices.

12. Use of Marks

Customer hereby grants CTM a royalty-free, nonexclusive, limited license to use the name and logo of Customer on the CTM website or in other public relations materials to include Customer as a customer of CTM. Customer may terminate such authorized use upon 30 days’ written notice.

13. DISCLAIMER OF WARRANTIES

CTM HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY SERVICES OR EQUIPMENT PROVIDED HEREUNDER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CTM MAKES NO WARRANTIES RELATED TO THIRD PARTY EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE.

CTM’S SERVICES AND PROPERTIES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” TO THE FULLEST EXTENT PERMITTED BY LAW. CTM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEBSITE, THE CALL TRACKING SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ALL SERVICES AND PRODUCTS IS AT YOUR SOLE RISK. TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

14. EXCLUSION OF DAMAGES, LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL CTM BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF CTM HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL CTM BE LIABLE TO CUSTOMER FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE INCIDENT OR OCCURRENCE FROM WHICH THE CLAIM AROSE.

THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

15. Anti-Corruption and International Trade Laws

Each party (a) warrants that it will comply with all applicable anti-corruption, anti-money laundering, economic and trade sanctions, export controls, and other international trade laws, regulations, and governmental orders (collectively, “Anti-Corruption and Trade Laws”) in the jurisdictions that apply directly or indirectly to the Services, including, without limitation, the United States, and (b) represents that it has not made, offered, promised to make, or authorized any payment or anything of value in violation of Anti-Corruption and Trade Laws. You will promptly notify CTM in writing of any actual or potential violation of Anti-Corruption and Trade Laws in connection with the use of the Services and take all appropriate steps to remedy or resolve such violations, including any steps requested by CTM. If applicable, you represent that you have obtained, and warrant that you will continue to obtain, all licenses or other authorizations required to export, re-export, or transfer the Services. Each party represents that it (and in your case, also your Users) is not on any government-prohibited, denied, or unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). You will immediately (i) discontinue your use of the Services if you become placed on any Sanctions List and (ii) remove your Users’ access to the Services if your Users become placed on any Sanctions List. You represent that you have not, and warrant that you will not, export, re-export, or transfer the Services to an entity on any Sanctions List without prior authorization from the applicable governmental authority. Notwithstanding anything to the contrary in this Agreement, either party may terminate this Agreement immediately upon written notice to the other party if the other party is in breach of its obligations in this Section.

16. Indemnification and Disputes

16.1 Customer agrees to indemnify and hold harmless CTM, and its subsidiaries, parents, affiliates, managers, shareholders, officers, directors, agents, resellers, sales affiliates, licensees or other partners, and employees, from all claims, demands, liabilities, losses, damages and expenses (including without limitation reasonable legal fees and expenses), arising from or in connection with the use of the Services, any other parties’ use of the Account, any conduct or omissions of Customer or any User while using the Service, any violation of these Terms or the AUP, or any violation of applicable law or rights of any third party, or any tort committed while using the Service.

16.2 Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of Maryland, without regard to principles of conflict of laws, and will govern these Terms and any dispute of any sort that might arise between Customer and CTM or its associates. Venue for all disputes arising under these Terms or the Agreement shall be solely in the state and federal courts for Anne Arundel County, Maryland. Each party hereby submits to the jurisdiction of such courts and waives any and all claims that such courts lack jurisdiction over such party or constitute an inconvenient forum.

17. Miscellaneous

17.1 Enforceability: If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

17.2 Force Majeure: CTM shall not be deemed in breach of this Agreement, nor for any breach of any obligation hereunder or implied in law, for any failure in performance arising in connection with circumstances beyond its reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accident, or other acts of God.

17.3 Transferability: The right to use the Service and access the Account is not transferable, sublicensable, and may not be sold, rented, or timeshared, unless expressly permitted in another agreement with CTM. CTM may assign the Agreement, in whole or in part, at any time with or without notice.

17.4 No Waiver: The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

17.5 Relationship: Each party is an independent contractor in the performance of each and every part of these Terms. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith and for any and all claims, liabilities, or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of this Agreement. Customer does not have the authority to commit CTM in any way and will not attempt to do so or imply that it has the right to do so.

17.6 Notices: When the Customer visits or sends e-mails to us, they are communicating with us electronically. When they create an Account and enter their email address, subject to applicable law, they consent to receive communications from us electronically. We will communicate with the Customer by e-mail or by posting notices on this site. Customer agrees that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Any notice required or permitted to be given under these Terms to you will be sent via email to the email address you designate in your Account or provided via your account portal. You hereby consent to receive email notices for all matters required or permitted under these Terms, or otherwise affecting your Account or Services.

Any questions or notices can be directed to CTM at:

CTM
231 Najoles Road, Suite #500
Millersville, MD 21108.
info@calltrackingmetrics.com
1-800-577-1872

17.7 Entire Agreement: These Terms, along with the Order Form, the policies referenced herein, the service plan terms posted on our website from time to time, and any addenda or other documents executed by the parties in connection herewith, constitute the entire Agreement between the parties with respect to the subject matter hereof and thereof, and supersede all prior agreements or understandings with respect to such subject matter. Except as stated in these Terms, the Agreement between the parties may not be amended except by a written instrument executed by the parties.