Terms of Service

1.1 Acceptance

By using Callmama Limited's services ("Services"), downloading our application ("App"), browsing our website (www.callmama.com), or clicking "agree" or a similar button during installation or signup, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Agreement"). Your use of the Services is expressly conditioned upon your acceptance of all terms and conditions contained herein.

1.2 Modification

Callmama Limited ("We," "Us," or "Callmama") reserves the right to modify this Agreement at any time, at our sole discretion.

1.3 Notification of Changes

We will make reasonable efforts to notify you of any material changes to this Agreement. Such notification may include, but is not limited to, publishing the updated terms on our website or within the App, or, if you have an account, sending an email or in-app notification.

1.4 Effective Date

Changes to this Agreement are typically effective immediately for new users. For existing users, material changes will generally be effective after a notice period, such as thirty (30) days, from the date of notification.

1.5 Consent to Updated Terms

We may require you to provide explicit consent to the updated terms in order to continue using the Services.

1.6 Continued Use Constitutes Acceptance

Your continued use of the Services after any changes to this Agreement become effective constitutes your acceptance of the revised Agreement. If you do not agree to the updated terms, you must discontinue your use of the Services.

1.7 Review Terms Regularly

It is your responsibility to regularly check our website and App for the most current version of these Terms. The most recent version of this Agreement will supersede all prior versions, whether electronic or written.

2.1 General

Callmama Limited provides telecommunications services that may include, but are not limited to:

• Global virtual phone numbers.
• International calling (incoming and outgoing).
• International messaging (incoming and outgoing).
• Call forwarding.
• Voicemail.
• Call recording (available only on the Web Portal).

2.2 Service Provision

Our platform may enable customers to obtain certain Services from existing Mobile Network Operators (MNOs) on a virtual basis.

2.3 Service Nature

You acknowledge and agree that the Services are not a traditional telephone service. As such, the Services are subject to different regulatory treatment, which may affect your rights and the availability of certain features, such as emergency calling.

2.4 Features and Limitations

The specific features, advantages, and limitations of each Service will be displayed within the App or on our website prior to purchase.

2.5 "As Is" Provision

All products and services are provided on an "as is" and "as available" basis. We do not warrant or guarantee that the Services will be uninterrupted, error-free, or completely secure. We are not responsible for any limitations, failures, or issues inherent in technology or third-party networks.

2.6 Geographic Availability

Services may be offered globally; however, availability is subject to local laws, regulations, and restrictions.

2.7 Service Availability Disclaimer

We may not offer or announce Services in all countries, even if our website and App are accessible worldwide. We reserve the right to focus on specific markets and to limit or restrict access to the Services from other regions, including access via Virtual Private Networks (VPNs).

2.8 Service Testing

You are strongly advised to test the Services upon initial setup and periodically thereafter to ensure that they function to your satisfaction. You acknowledge and agree that any failure to test the Services is at your sole risk, and we shall not be held liable for any issues that could have been identified through proper testing.

2.9 Third-Party Carriers

Our Services are independent of any third-party telecommunications carriers or service providers that you may use. This Agreement does not alter or affect any agreements you may have with such third-party carriers, and we are not responsible or liable for their acts, omissions, or failures. You are solely responsible for any fees, charges, or costs due to such third parties.

2.10 Data Storage and Backup

Callmama's systems are designed to store specific types of data. We will store call recording data (subject to your active subscription and the terms outlined in the "Call Recording Services" section) and voicemail data.

Voicemail Data: Voicemail data will be stored on our systems for a period of thirty (30) days. No add-ons or extensions are available for longer voicemail storage. Following this 30-day period, voicemail data will be subject to deletion in accordance with our data retention policies.

Call Recording Data: Storage of call recording data is governed by the terms of your active call recording subscription plan, as detailed elsewhere in this Agreement.

You acknowledge and agree that any such data, including voicemail and call recordings, may be lost or become unrecoverable, and we shall not be liable for any such loss.

You are solely responsible for creating and maintaining backup copies of any content, including voicemail and call recordings, that you wish to retain. Callmama does not guarantee the backup or recovery of data beyond the specific provisions outlined herein.

2.11 Call Recording Services

3.1 Eligibility

You must be of legal age to use the Services. The minimum age is typically eighteen (18) years or the age of majority in your jurisdiction, although local regulations may vary (e.g., some regions may require 13+). Callmama services generally require users to be at least 18 or the age of majority in their jurisdiction.

If you are under the age of majority, you may only use the Services with the consent of your parent or legal guardian.

Account registration is void where prohibited by law.

We reserve the right to terminate your account if we determine that you do not meet the eligibility requirements.

Some Services may not be available to residents of certain restricted regions.

3.2 Account Creation

In order to use the Services, you must create an account with Callmama.

3.3 Information Required

You agree to provide true, accurate, current, and complete information during the registration process and to promptly update such information to maintain its accuracy.

The required information may include, but is not limited to, your email address, telephone number, name, and, for certain countries or services, a copy of your government-issued identification or passport and proof of address, as necessary to comply with applicable laws and regulations, including those of Hong Kong and the jurisdiction where the Services are provided.

If you provide any false, inaccurate, incomplete, or outdated information, we reserve the right to cancel your account and refuse to provide any current or future Services to you.

3.4 Account Security & Responsibility

Access to your Callmama account is secured through a One-Time Password (OTP) sent to your registered mobile number for login and signup processes.

You are solely responsible for all activities that occur under your account.

To prevent unauthorized access, fraud, or scams, you must not share the OTP sent to your mobile number with any third party.

You agree to notify Callmama immediately of any suspected or actual unauthorized use of your account or any other breach of security.

Callmama will not be liable for any losses or damages arising from your failure to comply with these security requirements, including the safeguarding of your OTP.

3.5 Account Ownership

The account owner is generally the individual or entity identified as the "Primary" contact in Callmama's records.

Unless otherwise expressly agreed to by Callmama in writing, no other person or entity will have any ownership rights or entitlement to the account.

Accounts are generally non-transferable without our explicit written consent.

In the event of a dispute regarding account ownership, we reserve the right to determine the rightful owner in our sole and reasonable discretion.

3.6 Third-Party Logins

3.7 Instant Activation

Your Callmama account is instantly activated via a One-Time Password (OTP) sent to your registered mobile number. However, instant account activation does not guarantee immediate access to all services.

Callmama reserves the right, at its discretion, to require additional verification (which may include providing images of your credit card and/or government-issued identification) before granting full service accessibility.

Access to certain services or phone numbers may be delayed pending completion of this verification, and phone numbers selected during signup are not reserved until your account is fully approved by Callmama.

You may not be able to use ordered phone numbers until your account has been fully approved and activated by Callmama.

Please note that phone numbers selected during the sign-up process are not reserved until your account is activated and may be purchased by another subscriber if there is a delay in activation.

4.1 Term

The term of this Agreement commences when you agree to it and will continue in full force and effect until you discontinue using the Services or your account is terminated in accordance with this Agreement. The Services are provided based on the specific plan you select at the time of purchase, with terms as follows:

4.2 Automatic Renewal

Subscriptions to paid Services ("Paid Subscriptions") offered by Callmama will continue indefinitely and will automatically renew for a successive term equivalent in duration to the initial term (e.g., month-to-month or annual) at Callmama’s then-current price, unless and until you cancel your Paid Subscription prior to the applicable Renewal Commencement Date by disabling the auto-renewal feature in your account settings or by providing us with adequate notice as per the cancellation policy.

4.3 Recurring Billing Consent

By subscribing to a Paid Subscription with automatic renewal, you expressly consent to and authorize Callmama (or our third-party payment processor) to charge your chosen payment method on a recurring basis for the applicable subscription fees, including any applicable taxes and other charges, until you cancel your Paid Subscription.

5.1 General Fees

You agree to pay all fees and charges for the Services subscribed to through your Callmama account. This includes, but is not limited to, all applicable taxes, surcharges, and government-imposed fees (including any applicable taxes in Hong Kong), unless you provide valid tax exemption documentation acceptable to Callmama. Except as expressly provided in this Agreement or as required by applicable law, all fees and charges are non-refundable.

5.2 Payment Methods

You must provide a valid credit card (Visa, MasterCard, American Express, or other issuers accepted by us) or another payment method approved by Callmama (e.g., Google Pay, Apple Pay) to pay for the Services.

Your use of the designated payment method is governed by the terms and conditions of your agreement with your Payment Provider.

By providing a payment method, you authorize Callmama to immediately invoice your account for all fees and charges due and payable to Callmama.

5.3 Payment Information Storage

You acknowledge and agree that Callmama utilizes third-party payment processors to process payments and store your payment information securely.

For your security, Callmama does not directly store your credit card or other payment details.

Our current third-party payment processor(s) is Stripe.

These payment processors are responsible for the secure storage, processing, and transmission of your payment information, and they are typically certified to Payment Card Industry Data Security Standard (PCI DSS) compliance standards.

By using the Services, you consent to the collection, storage, and processing of your payment information by these third-party payment processors in accordance with their respective privacy policies and security practices.

To the fullest extent permitted by applicable law, Callmama shall not be liable for any unauthorized access to or security breaches of your payment information that occur on the payment processor's systems.

5.4 Pricing Changes

Callmama reserves the right to change its prices and billing methods for any Service at any time. We will provide you with reasonable notice of any such changes, either by posting the changes on the www.callmama.com website, within the App, or by sending you an email or in-app notification.

5.5 Billing Cycle and Due Dates

Fees for Services are typically due and payable in advance on the first day of each monthly or annual term, as applicable ("Due Date").

Annual plans are prepaid in full at the beginning of the annual term.

In addition to plan fees, you are responsible for paying for any usage that exceeds the limits of your plan, such as overage charges for exceeding allotted minutes.

5.6 Auto-Recharge

Callmama may offer an auto-recharge feature, which automatically replenishes your account balance or renews your service plan.

If you enable auto-recharge, you authorize Callmama to automatically charge your designated payment method:

• When your account balance falls below a specified threshold; or
• On the service plan’s renewal date.

You can enable or disable auto-recharge through your account settings within the App or on the Callmama website.

We will make reasonable efforts to notify you of any upcoming auto-recharges, but you are ultimately responsible for ensuring that your payment method is valid and that sufficient funds are available.

If an auto-recharge fails due to insufficient funds or an expired payment method, your service may be suspended or terminated.

5.7 Specific Payment Method Fees

Callmama accepts payments via credit card, Google Pay, and Apple Pay. There are no handling fees imposed for any payment method in any scenarios.

5.8 Usage Billing

You will be billed for all traffic volume originating from or received by the Services, as per the pricing schedule in effect at the time of usage, regardless of whether the calls or messages were solicited or unsolicited.

Call billing is typically in per-minute increments, and partial minutes may be rounded up to the next full minute.

You acknowledge that fractional charges may be rounded up to the nearest applicable unit.

Call billing may commence when the called party answers (which may include voicemail, answering machine, or Private Branch Exchange (PBX) systems) and will generally terminate when a party disconnects the call.

You understand and agree that some foreign carriers may designate a call as "answered" earlier in the call process (e.g., upon the first ring), and you will be charged accordingly.

Short-duration calls (e.g., lasting 6 seconds or less) will be charged the same as per-minute rates with round-up, to prevent abuse.

5.9 Currency

Payments are typically due in the currency specified by Callmama (e.g., USD).

Payments made in other currencies may be rejected or converted at the prevailing exchange rate, and you may be subject to additional conversion fees imposed by your bank or payment provider.

5.10 Non-Payment

If any payment is not received by the Due Date, or if any payment cannot be collected for any reason, Callmama reserves the right to suspend your access to the Services.

If your account remains unpaid for a specified period (e.g., twenty-nine (29) days), Callmama may close your account, reclaim any assigned phone numbers, and assess late payment fees (e.g., 1.5% per month on the outstanding balance).

Callmama reserves the right to attempt to collect outstanding payments from any and all payment methods you have on file with us.

5.11 Chargebacks

Any chargeback or payment dispute initiated by you with your payment provider may result in immediate cancellation of your Services, repossession of any assigned phone numbers, and the assessment of a chargeback fee (e.g., $35 USD per chargeback).

To restore your Service after a chargeback, you may be required to pay all outstanding fees, provide a service deposit (e.g., $150 USD), and complete an Authorization Form.

Callmama may restrict your future payment options to certified money order or wire transfer.

5.12 Account Balance

You are responsible for maintaining an adequate account balance to cover your use of the Services.

Email notifications regarding your account status are provided as a courtesy and do not relieve you of your responsibility to monitor your account balance.

The "Normal Balance" setting in your payment preferences is typically your total minimum monthly or annual fee. Canceling numbers does not automatically reduce this, and you must adjust the setting to avoid over-replenishment.

5.13 "Free" Services and Ad-Supported Services

Callmama may offer certain Services free of charge for personal, non-commercial use.

Callmama reserves the right to place advertisements within these free services.

If Callmama elects to introduce fees for previously free services, we will provide you with prior notice (e.g., thirty (30) days).

5.14 Billing Statements

Monthly billing statements detailing your usage and charges may be available through your online Callmama account.

5.15 Disputed Charges

If you wish to dispute any charges, you must notify Callmama in writing within thirty (7) days of the date the charge appears on your statement.

Notifications should be sent to support@callmama.com or Callmama Limited, 8/F., China Hong Kong Tower, 8-12 Hennessy Road, Wan Chai, Hong Kong, 999077, and must include specific details regarding the disputed charges.

Failure to notify Callmama of a disputed charge within the specified timeframe constitutes a waiver of your right to contest the charge.

Disputing a charge does not relieve you of your obligation to pay the full amount due.

If Callmama determines that a billing adjustment is warranted, a credit will be issued to your Callmama account.

5.16 VAT/Taxes

Charges for Services purchased via In-App Purchase (IAP) are stated exclusive of Value Added Tax (VAT) or other applicable consumption taxes (such as Goods and Services Tax or GST), which will be displayed and added by the app store provider.

Charges for Services purchased via payment cards or other non-IAP methods are inclusive of VAT/GST, unless explicitly stated otherwise.

Taxes and fees may include, but are not limited to, VAT/GST, telecommunications taxes, excise taxes, universal service fees (USF), and other surcharges imposed by local, state, or national authorities. You, the user, are responsible for bearing all applicable taxes and fees, which are calculated according to the regulations of the relevant country or jurisdiction. We may update tax calculations as required by changes in law.

5.17 Refund Policy

All fees and charges for the Services are non-refundable, unless otherwise required by applicable law. This includes subscription fees, usage charges, and any other payments, regardless of whether you use the Services or not.

You are responsible for all charges incurred, even if the Services are not utilized during the subscription term. No prorated refunds will be issued for unused portions of the term, including during trial periods or after cancellation.

Exceptions may apply in cases of demonstrable billing errors, which will be reviewed on a case-by-case basis. For any refund requests, contact us at info@callmama.com with detailed information.

6.1 Lawful and Ethical Use:

You agree to use Callmama Services only for lawful, legitimate, and ethical purposes.

You agree to comply with all applicable laws, rules, and regulations of Hong Kong and any other relevant jurisdiction, including those related to telecommunications, privacy, and data protection.

You agree that all your communications using the Services will be professional, respectful, and courteous.

6.2 Prohibited Content and Activities:

You agree that you will not use Callmama Services to post, transmit, distribute, or communicate any content, or engage in any activity, that:

• Is harmful, obscene, pornographic (including illegal pornography and depictions of nudity), excessively violent, or that promotes offensive subject matter.
• Is defamatory, slanderous, libelous, harassing, abusive, or threatening, or that promotes illegal activities or conduct.
• Infringes or violates any copyright, patent, trademark, trade secret, or other proprietary rights of any third party.
• Constitutes "spam," unsolicited advertising, marketing, or promotion of commercial services or products, or any fundraising or solicitation from other users, unless expressly permitted by Callmama in writing.
• Contains any viruses, malware, Trojan horses, worms, corrupted files, or other software or code that is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

6.3 Specific Use Restrictions:

6.4 Investigation and Enforcement:

Callmama reserves the right to investigate and take appropriate action, including suspending or terminating your account, against anyone who violates these user conduct terms.

We may implement policies and systems to monitor and prevent prohibited uses of our Services.

However, we expressly disclaim any obligation to actively monitor users for violations of these terms, and we are not responsible for any damages or losses sustained by you or any other user as a result of such violations.

Your use of Callmama Services is at your own risk, and this includes, but is not limited to, the risk of credit card theft, identity theft, fraud, and other related risks.

6.5 Reporting Violations:

If you become aware of any inappropriate or illegal conduct or content by other users of the Services, you may notify Callmama support by contacting us at info@callmama.com or through any other support channels we may designate.

6.6 Acceptable Use Policy (AUP):

You agree to comply with our Acceptable Use Policy, which prohibits spam, illegal activities, high-volume calling, robocalling, and other telecom abuses. This policy is incorporated by reference and includes detailed rules on anti-spam measures, consent requirements, and high-risk business prohibitions.

7.1 Phone Numbers:

7.2 Portability:

7.3 App Providers & Wi-Fi Hotspots:

7.4 App Merchants (e.g., Apple App Store, Google Play Store):

8.1 Privacy Policy:

Our Callmama Privacy Policy, available on www.callmama.com/privacy-policy/, governs how we collect, use, and disclose your personal data. By using the Callmama Services, you consent to the practices described in the Privacy Policy, which is incorporated by reference into these Terms of Service. We comply with all applicable data protection laws, including Hong Kong’s Personal Data (Privacy) Ordinance.

8.2 Data Collection:

By using the Callmama App and Services, you consent to the collection of your personal information, including but not limited to your name, contact information, and payment details, as necessary for the provision of the Services.

8.3 Data Security:

Callmama implements reasonable and appropriate technical and organizational measures to protect your personal data from unauthorized access, use, or disclosure.

8.4 User Rights:

You have certain rights with respect to your personal data, including the right to access, correct, or delete your data. You can exercise these rights by contacting Callmama support at support@callmama.com.

8.5 Your Content:

Callmama may collect, monitor, and store messages, information, data, text, images, graphics, and other content that you transmit or submit through the Services ("Your Content") on our servers or on the servers of our third-party service providers.

We may, but are not obligated to, monitor, screen, refuse, or remove Your Content for any reason, including but not limited to fraud prevention, abuse detection, or violations of this Agreement or applicable law.

You are solely responsible for Your Content and for its transmission and backup.

Even if you delete Your Content within the App, it may be retained on Callmama servers and may be produced if required by law, to comply with legal process, to enforce this Agreement, to respond to claims from third parties, to provide customer service, or to protect the rights, property, or personal safety of Callmama, its users, or the public.

Callmama reserves the right to delete Your Content and to establish storage limits for user content.

8.6 Disclosure of Personal Information:

You should exercise caution and carefully consider the potential risks before agreeing to have your personal information disclosed to other users or third parties through the Callmama Services. You acknowledge and agree that any such disclosure is at your own risk.

8.7 Cooperation with Investigations:

Callmama may disclose any information about your account or your use of the Services to law enforcement agencies, legal authorities (including authorities in Hong Kong), or other third parties in response to official demands, such as subpoenas or court orders. In such circumstances, we may also immediately cancel your service, repossess any phone numbers assigned to you, and block your access to the Callmama website and App, without any liability to you.

8.8 Monitoring for Violations:

Callmama may monitor your use of the Services to ensure compliance with these Terms of Service and take any actions we deem necessary to address violations.

8.9 Promotional Use of Customer Name/Logo:

During the term of this Agreement, you grant Callmama a limited license to use your name and logo (if applicable) in promotional materials to advertise that you are a customer of Callmama. We will not share or sell this information to unaffiliated third parties.

8.10 Fraud Prevention Data Sharing:

To protect against fraud and other unauthorized activity, Callmama may analyze user accounts and share relevant data, such as IP addresses, email addresses, and credit card numbers, with payment processors and law enforcement agencies.

8.11 Fraudulent and Spam Calls Policy:

Any fraudulent or spam-related calls made using Callmama’s services will result in immediate restriction of the associated account. Furthermore, a penalty fee of $2000 per call will be imposed for each violation. We take the integrity of our service seriously, and any attempt to misuse our platform for malicious or unlawful purposes will not be tolerated.

8.12 CALEA/Law Enforcement Compliance:

Callmama intends to fully comply with the Communications Assistance for Law Enforcement Act (CALEA) and similar laws. By using the Services, you consent to Callmama’s right to monitor and disclose communications if required by law enforcement, without further notice to you.

8.13 SMS/Messaging Consent:

By subscribing to our Services, you consent to receiving informational messages, emails, and push notifications regarding your account, updates, and promotions. You can opt out at any time by contacting support or adjusting your preferences.

9.1 Ownership:

Callmama Limited or our licensors own all copyright rights in all text, images, graphics, user interface elements, and other content displayed on or used in connection with the Services, as well as the selection, coordination, and arrangement of such content.

All rights in product names, company names (including Callmama Limited), trade names, logos, and designs, whether registered or unregistered, belong exclusively to Callmama or their respective owners and are protected by trademark laws in Hong Kong and internationally.

Callmama maintains exclusive ownership of all service interests and titles, including but not limited to trademarks, copyrights, phone and fax numbers managed by our systems, voicemail and call recording services, and all related technologies and software created or used to provide the Services.

9.2 License to User:

Subject to your compliance with this Agreement, Callmama grants you a limited, personal, non-exclusive, non-sublicensable, and non-assignable right and license (solely for non-commercial use, unless expressly stated otherwise by Callmama) to download, install, and use the Callmama App on your device solely for the purpose of using the Services, and to access and use the Services within the App.

9.3 Restrictions on Use of Our Properties:

You agree that you will not:

• License, sell, resell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Callmama properties or any portion thereof.
• Frame or use framing techniques to enclose any Callmama trademark, logo, or other Callmama properties.
• Use any metatags or other "hidden text" using Callmama’s name or trademarks.
• Modify, translate, adapt, merge, create derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Callmama App or Services, except to the extent expressly permitted by applicable law.
• Use any manual or automated software, devices, scripts, robots, spiders, crawlers, scrapers, data mining tools, or other similar methods to "scrape" or download data from any Callmama web pages (except for public search engines for the purpose of creating searchable indices).
• Copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Callmama properties in any form or by any means, except as expressly permitted in this Agreement.
• Remove or destroy any copyright notices or other proprietary markings contained on or within any Callmama properties.
• Intentionally avoid payment for any paid Callmama Services.

9.4 No Implied Rights:

Any use or misuse of Callmama trademarks, copyrights, or other intellectual property, except as expressly permitted in this Agreement, is strictly prohibited. Nothing in this Agreement shall be construed as conferring upon you, by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of Callmama or any third party.

9.5 Future Releases:

Any future release, update, or other addition to any Callmama properties shall be subject to the terms of this Agreement.

9.6 Reservation of Rights:

All rights not expressly granted to you in this Agreement are reserved by Callmama, our suppliers, and our service providers.

9.7 Carrier Information:

Callmama reserves the right not to disclose our carrier or supplier information to you.

9.8 Feedback and Improvements Rights:

You may provide feedback or suggestions regarding the Services. By submitting feedback, you grant us a perpetual, irrevocable license to use, modify, and incorporate it without compensation. We may take action on feedback if we deem it appropriate and useful to users.

10.1 Emergency Calling Limitations:

Because a VoIP call can be made anywhere you have an Internet connection, your telephone number will not necessarily correspond with your physical location, and emergency calls through the VoIP service will be handled differently than traditional phone service. The Services provided by Callmama are not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service. NO EMERGENCY CALLS – The Services are not intended to replace your ordinary or fixed line telephone services. As such, the Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit, or any type of emergency services of any kind.

10.2 Recommendation for Alternatives:

If you are not comfortable with the limitations of emergency calls made using a VoIP service, Callmama recommends that you consider an alternate means for accessing traditional emergency calling services.

10.3 Disclaimer of Liability:

You acknowledge and understand that CallMama, its affiliates, directors, officers, employees, agents, underlying carriers and suppliers, and app providers (collectively, “CallMama Parties”) will not be liable for any inability to access emergency services through the services or other CallMama properties. By entering into this agreement and/or using the services, you hereby waive and release CallMama from any actions, claims, damages, liabilities, losses, injuries, and costs and expenses (including attorneys’ fees) of any kind (collectively “Claims”) arising directly or indirectly out of, or relating in any way to the non-provision of emergency services through the service or CallMama properties, including without limitation any inability on the part of you or other users to access emergency services or to provide location information for emergency services, and you agree to indemnify and hold harmless the CallMama Parties from any claims arising directly from the non-provision of emergency calling capabilities through the services and CallMama properties.

10.4 Limitation of Liability with Respect to Emergency Services:

You acknowledge and understand that CallMama, its affiliates, directors, officers, employees, agents, underlying carriers and suppliers, and app providers (collectively, “CallMama Parties”) will not be liable for any inability to access emergency services through the services or other CallMama properties. By entering into this agreement and/or using the services, you hereby waive and release CallMama from any actions, claims, damages, liabilities, losses, injuries, and costs and expenses (including attorneys’ fees) of any kind (collectively “Claims”) arising directly or indirectly out of, or relating in any way to the non-provision of emergency services through the service or CallMama properties, including without limitation any inability on the part of you or other users to access emergency services or to provide location information for emergency services, and you agree to indemnify and hold harmless the CallMama Parties from any claims arising directly from the non-provision of emergency ca

11.1 Termination by You:

You may terminate your account and this Agreement at any time by contacting Callmama support or through the account management features in the App or website. Upon termination, you remain liable for all charges incurred up to the date of termination.

11.2 Termination by Callmama:

Callmama may terminate or suspend your account and access to the Services at any time, with or without notice, for any reason, including but not limited to violation of this Agreement, non-payment, or suspected fraudulent activity. Upon termination, your right to use the Services ceases immediately.

11.3 Effects of Termination:

Upon termination, Callmama may delete your account data, including any stored content, and reclaim any assigned phone numbers. You will not be entitled to any refunds for prepaid services unless required by law.

11.4 Survival:

Sections that by their nature survive termination will continue in effect, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12.1 General Limitation:

To the maximum extent permitted by law, in no event shall CallMama or the CallMama Parties be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services; or (c) unauthorized access, use, or alteration of your transmissions or content.

12.2 Aggregate Liability:

Without limiting the generality of this section to the extent permitted by law, you agree that CallMama’s total aggregate liability to you for all damages and losses that arise in connection with the use of or inability to use the services, or otherwise arise under the terms of service, shall not in any circumstance exceed the amount actually paid by you, if any, to us for the services in the five (5) month period immediately prior to the date of the event giving rise to the relevant claim, subject to a maximum of five thousand (500) US dollars in all cases (or ten (10) US dollars if the services were provided to you for free).

12.3 No Liability for Certain Matters:

Callmama shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

12.4 Fail-Safe Environment Prohibition:

You agree not to use the Services in environments where failure could lead to death, injury, or significant damage (e.g., medical, nuclear, or critical infrastructure). It is your responsibility to avoid such use, and we disclaim all liability for any harm arising from prohibited applications.

13.1 Indemnity Obligation:

You agree to indemnify, defend, and hold harmless Callmama and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, from any claim or demand or governmental investigation or enforcement action (including without limitation reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Services, your breach of the Terms of Service, or your violation of any rights of another person or entity.

14.1 Binding Arbitration:

Any dispute arising out of or relating to this Agreement or the Services shall be resolved through binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with its rules. The arbitration shall be conducted in Hong Kong. Judgment on the award may be entered in any court having jurisdiction.

14.2 Class Action Waiver:

You agree that you will not participate in any class action or collective arbitration against Callmama. All disputes must be brought on an individual basis.

14.3 Opt-Out Right:

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 8/F., China Hong Kong Tower, 8-12 Hennessy Road, Wan Chai, Hong Kong, 999077 within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with Your Account (if You have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out, all other parts of this Agreement will continue to apply to you.

15.1 Entire Agreement:

This Agreement constitutes the entire agreement between You and Callmama with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

15.2 Governing Law:

This Agreement shall be governed, construed, and interpreted in accordance with the laws of Hong Kong. Sole and exclusive jurisdiction for any dispute, claim, action, or proceeding arising out of or related to the Agreement shall be in the courts of Hong Kong. The parties specifically disclaim the United Nations Convention on Contracts for the International Sale of Goods.

15.3 Language:

The Parties have expressly required that this Agreement, any communication, and all other contracts, documents, and notices relating to this Agreement be drafted in the English language. Les parties ont expressément exigé que la présente convention, la communication et tous les autres contrats, documents et avis qui y sont afférents soient rédigés dans la langue anglaise.

15.4 Severability:

If any of the provisions (or parts thereof) contained in this Agreement are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) of this Agreement.

15.5 Headings:

Headings are for convenience only and are not part of this Agreement.

15.6 Relationship:

Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between the parties; no party is by virtue of this Agreement authorized as an agent, employee, or agent representative of the other party.

15.7 Waiver:

Any waiver of any right or remedy under this Agreement must be in writing and signed by each party. No delay in exercising any right or remedy shall operate as a waiver of such right or remedy or any other right or remedy. A waiver on one occasion shall not be construed as a waiver of any right or remedy on any future occasion.

15.8 Electronic Communications:

The communications between you and Callmama may take place via electronic means, whether You visit the Callmama Properties or send Callmama emails, or whether Callmama posts notices on the Callmama Properties or communicates with you via email. For contractual purposes, You (i) consent to receive communications from Callmama in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Callmama electronically provides to You satisfy any legal requirement that such communications would satisfy if it were to be in writing.

15.9 Force Majeure:

Callmama shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15.10 Notice:

Where Callmama requires that You provide an email address, You are responsible for providing Callmama with a valid and current email address. In the event that the email address You provide to Callmama is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Callmama’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Callmama at the contact address below. Such notice shall be deemed given when received by Callmama by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

15.11 Export Control:

You may not use, export, import, or transfer the App or Services except as authorized by applicable laws. In particular, but without limitation, the App and Services may not be exported or re-exported into any embargoed countries, or to anyone on any prohibited or restricted lists. By using the Callmama Properties, You represent and warrant that (A) You are not located in a country that is subject to an embargo, or that has been designated as a “terrorist supporting” country and (B) You are not listed on any list of prohibited or restricted parties. You also will not use the Callmama Properties for any purpose prohibited by law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by Callmama are subject to the export control laws and regulations. You shall comply with these laws and regulations and shall not, without prior authorization, export, re-export, or transfer Callmama products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.

15.12 Assignment:

You may not assign any rights or obligations under the Agreement and any assignment shall be ineffective. Callmama may assign or delegate all rights and obligations under this Agreement without notice to You.

15.13 Survival:

Any terms and conditions of this Agreement which by their nature extend beyond the termination or expiry of this Agreement shall survive the termination or expiry of this Agreement including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

15.14 Multi-Line Telephone Systems (MLTS):

Since Callmama provides multiple DID numbers on a single account, you are responsible for ensuring compliance with MLTS regulations, including providing accurate location information for emergency services (e.g., 911) where applicable. We disclaim liability for any failures in location accuracy.

16.1 The Services are provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Services will be uninterrupted, error-free, or free from viruses or other harmful components. We disclaim all liability for third-party content, links, or any damages arising from the use of the Services.