1. Introduction & Acceptance
Welcome to the CallPastNow website. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and CallPastNow ("Company," "we," "us," or "our") governing your access to and use of our marketing website located at callpastnow.com (the "Website").
Scope: These Terms apply to this website. The CallPastNow voice preservation service is governed by separate Terms of Service with additional provisions.
By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website.
Your use of this Website specifically includes agreement to:
- Our collection and use of your email address if you sign up for our mailing list
- The use of analytics cookies (with your consent)
- The use of reCAPTCHA for bot protection
- The arbitration agreement and class action waiver in Section 10
By using this Website, you are entering into this agreement electronically. This electronic agreement has the same legal force and effect as a signed paper agreement.
2. Website Description
This Website is a marketing and informational website for CallPastNow, a voice preservation service. The Website provides:
- Information: Details about our voice preservation service
- Mailing List Signup: The ability to join our mailing list for updates
- Contact Information: Ways to reach us with questions
The information on this Website is provided for general informational purposes only. Features, pricing, and service details described are subject to change.
3. Eligibility
Website Access (All Users)
You must be at least 13 years of age to use this Website. Visitors under 13 should leave this Website immediately.
Mailing List Signup
You must be at least 18 years of age to sign up for our mailing list.
This age requirement ensures that only individuals with legal capacity to enter into contracts can provide consent for marketing communications.
Minors (13-17 Years Old)
Individuals between 13 and 17 years old may browse this Website but may not sign up for the mailing list without parental or guardian consent. If you are a parent or guardian and wish to sign up on behalf of a minor, you may do so using your own email address.
Geographic Availability
This Website is accessible worldwide. However, by using this Website, you acknowledge that you are responsible for compliance with any applicable local laws in your jurisdiction.
4. Mailing List & Communications
What Happens When You Sign Up
When you provide your email address and submit the signup form, you are opting in to receive communications from CallPastNow. Your email will be added to our mailing list managed by Mailchimp.
Communications You May Receive
- Product Announcements: News about CallPastNow features and updates
- Company Updates: News about our progress and development
- Special Offers: Invitations to promotions or special programs
- Company News: Occasional updates about CallPastNow
We will not spam you. We expect to send no more than 1-2 emails per month on average.
How to Unsubscribe
You can unsubscribe from our mailing list at any time by:
- Clicking the "Unsubscribe" link at the bottom of any email we send
- Emailing us at contact@callpastnow.com with "Unsubscribe" in the subject line
Unsubscribe requests are processed within 48 hours.
No Obligation
Signing up for our mailing list does not obligate you to purchase or subscribe to the CallPastNow service. You are simply expressing interest in receiving updates.
5. Intellectual Property
Our Ownership
CallPastNow owns all rights, title, and interest in and to:
- The CallPastNow name, logo, and all related branding
- All Website content, including text, images, graphics, and design
- The Website's look and feel, layout, and user interface
- Any software, code, and technical infrastructure
- All trademarks, service marks, and trade dress
Limited License to You
We grant you a limited, non-exclusive, non-transferable, revocable license to access and view this Website for personal, non-commercial purposes only.
Restrictions
You agree not to:
- Copy, reproduce, or distribute any Website content without written permission
- Modify, adapt, or create derivative works from our content
- Use our trademarks, logos, or branding without authorization
- Remove any copyright, trademark, or proprietary notices
- Reverse engineer, decompile, or disassemble any Website technology
- Frame or mirror any portion of the Website
Feedback
If you provide us with feedback, suggestions, or ideas about the Website or our services, you grant us the right to use such feedback without restriction or compensation to you.
6. Prohibited Uses
You agree not to use this Website for any unlawful or prohibited purpose. The following activities are strictly forbidden:
Automated Access
- Using bots, scrapers, or automated tools to access the Website
- Harvesting or collecting email addresses or other user data
- Attempting to bypass reCAPTCHA or other security measures
- Overwhelming the Website with excessive requests
Harmful Activities
- Uploading viruses, malware, or other malicious code
- Attempting to gain unauthorized access to our systems
- Interfering with the Website's operation or other users' access
- Conducting security attacks or vulnerability testing without permission
Misuse of Information
- Providing false or misleading information when signing up
- Impersonating any person or entity
- Using the Website for any commercial purpose without permission
- Signing up multiple times with different email addresses to game promotions
Consequences of Violation
Violation of these prohibitions may result in immediate termination of your access to the Website, removal from our mailing list, and potential legal action.
7. Third-Party Services
We use trusted third-party services to operate this Website. Your use of these services is subject to their respective terms and privacy policies:
| Service | Purpose | Terms |
|---|---|---|
| Mailchimp | Email mailing list management | mailchimp.com/legal/terms |
| Google reCAPTCHA | Bot protection for forms | policies.google.com/terms |
| PostHog | Website analytics (with consent) | posthog.com/terms |
Third-Party Links
This Website may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of any linked websites. Clicking on third-party links is at your own risk.
Google reCAPTCHA
Our signup form uses Google reCAPTCHA v3 to protect against spam and abuse. By using this form, you acknowledge that reCAPTCHA will analyze your browser behavior and that this use is subject to Google's Privacy Policy and Terms of Service.
8. Privacy & Data
Your privacy is important to us. Our Privacy Policy explains in detail how we collect, use, and protect your personal information.
Summary of Data We Collect
| Data | Purpose | Basis |
|---|---|---|
| Email address | Mailing list communications | Your consent |
| Consent status | Legal compliance records | Legal obligation |
| Analytics data | Website improvement | Your consent |
| reCAPTCHA score | Bot protection | Legitimate interest |
We do NOT sell your personal information.
We never have and never will sell your email address or any other personal data to third parties.
For complete information about your privacy rights, data retention periods, and how to exercise your rights, please review our Privacy Policy.
9. Disclaimers & Limitations
"As-Is" Website
THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
No Guarantees
We do not guarantee that:
- The Website will be available at all times or free from errors
- Information on the Website is accurate, complete, or current
- Features or pricing described will remain unchanged
- Any specific functionality will be available
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLPASTNOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO:
- Loss of data or privacy breaches beyond our reasonable control
- Reliance on information provided on the Website
- Interruption or unavailability of the Website
- Any third-party content or services
Liability Cap
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US (WHICH IS $0 FOR THIS FREE WEBSITE), OR (B) ONE HUNDRED DOLLARS ($100 USD).
Indemnification
You agree to indemnify and hold harmless CallPastNow, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your violation of these Terms or your use of the Website.
10. General Provisions
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, United States, without regard to its conflict of law provisions.
Dispute Resolution
Step 1: Informal Resolution
Before initiating any formal dispute resolution, you agree to contact us at contact@callpastnow.com and attempt to resolve the dispute informally. We will make good faith efforts to resolve any dispute within 30 days.
Step 2: Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Website shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures.
- Arbitration will be conducted in Nevada or remotely at your option
- The arbitrator's decision will be final and binding
- Judgment on the award may be entered in any court of competent jurisdiction
Small Claims Exception
Either party may bring an individual action in small claims court if the claim qualifies.
CLASS ACTION WAIVER
YOU AND CALLPASTNOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Modifications to Terms
We may update these Terms from time to time. For material changes that affect your rights, we will:
- Provide at least 30 days' advance notice before changes take effect
- Update the "Effective Date" at the top of these Terms
- Notify mailing list subscribers via email
Continued use of the Website after changes take effect constitutes acceptance of the revised Terms.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and CallPastNow regarding use of this Website and supersede any prior agreements.
Contact Information
General Contact
Email: contact@callpastnow.com
For all inquiries including support, legal, and privacy requests.
We aim to respond to all inquiries within 5 business days.
Key Points Summary
- Website only: These terms apply to this website; the service has separate terms
- Age requirements: 13+ to browse, 18+ to join mailing list
- Mailing list: You can unsubscribe anytime, no obligation
- We don't sell your data: Your email stays with us
- Nevada law governs: Disputes resolved via binding arbitration
- Questions? Email contact@callpastnow.com
Thank you for your interest in CallPastNow.
We look forward to helping you preserve what matters most.