Terms of Service

Effective Date: March 9, 2026

1. Introduction & Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and CallPastNow ("we," "us," or "our") governing your access to and use of the CallPastNow application (the "Service") on web, iOS, and Android platforms.

For purposes of these Terms:

  • "Service" means the CallPastNow application, including all features, functionality, and content available through the app on web, iOS, and Android.

  • "User" means any individual who creates an account or accesses the Service.

  • "Content" means any information, data, text, photos, audio, or other materials you upload, submit, or transmit through the Service.

  • "Voice Data" means voice recordings you upload and any AI voice models derived from those recordings.

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

These Terms apply solely to the CallPastNow application and do not govern any other websites, products, or services operated by us. Our marketing website is subject to separate terms of service. Please also review our Privacy Policy, which describes how we collect, use, and protect your information.

2. Eligibility

You must be at least 18 years of age to use the Service. The creation of AI voice models from recordings of real people carries significant legal responsibility, including obligations related to consent, right of publicity, and biometric privacy laws. By using the Service, you represent and warrant that:

  • You are at least 18 years old.

  • You have the legal capacity to enter into a binding agreement.

  • You are not prohibited from using the Service under any applicable law.

  • Your use of the Service complies with all applicable local, state, national, and international laws and regulations.

The Service may not be available in all geographic regions. We reserve the right to restrict access based on location at our discretion.

3. Account Registration & Security

To use the Service, you must create an account by providing a valid email address or phone number. You agree that:

  • You will provide accurate, current, and complete information during registration.

  • You will maintain and promptly update your account information to keep it accurate and current.

  • You are responsible for maintaining the confidentiality and security of your account credentials, including any passkey or authentication method.

  • You are responsible for all activities that occur under your account, whether or not authorized by you.

  • You will notify us immediately at support@callpastnow.com if you become aware of any unauthorized access to or use of your account.

  • You may not share your account credentials or allow others to access your account.

  • You may maintain only one account per person.

We reserve the right to suspend or terminate accounts that we reasonably believe are being shared, duplicated, or used in violation of these Terms.

4. The Service

CallPastNow is a voice preservation and AI communication platform that enables you to:

  • Upload voice recordings to create AI-generated voice models of your contacts.

  • Conduct real-time AI voice calls using those voice models.

  • Manage contacts, including names, photos, notes, and relationship information.

  • View call history and logs.

We strive to make the Service available at all times, but we do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time, with or without notice.

AI-generated voice models are approximations and may not perfectly replicate the voice of the person recorded. We make no representations or warranties regarding the accuracy, quality, or fidelity of any AI voice model.

5. Voice Data & Consent Requirements

Voice data is central to the Service. The upload and use of voice recordings carries significant legal and ethical responsibilities. You must comply with all applicable laws when uploading and using voice recordings through the Service.

You are solely responsible for ensuring you have lawful authority to upload and synthesize any voice recording. Misuse of another person's voice may result in civil and criminal liability.

(a) Your Representations and Warranties

When you upload voice recordings to the Service, you represent and warrant that:

  • You have the legal right to use the voice (it is your own voice, or you have obtained explicit consent from the individual whose voice is recorded).

  • You have obtained informed consent from the individual whose voice is being recorded and synthesized, including informing them that their voice will be used to create an AI voice model.

  • Where required by law (e.g., the Illinois Biometric Information Privacy Act, two-party consent states, or equivalent laws in other jurisdictions), you have obtained consent in the specific form required by that law.

  • The voice recording was lawfully obtained and was not recorded without the knowledge or consent of the person being recorded.

  • You will not use the AI voice model to create content that the voice subject has not authorized.

(b) Rights of Living Individuals

CallPastNow recognizes that the voice of a living individual is a deeply personal attribute protected by personality rights, right of publicity, and dignity interests. When uploading the voice of a living person:

  • You must have express, ongoing authorization from the living individual whose voice you upload.

  • The living individual has the right to revoke authorization at any time, and you must promptly delete the contact and associated voice data upon revocation.

  • You may not use a living individual's AI voice model to make statements that the individual has not approved, that could be attributed to them, or that could damage their reputation.

  • Using the Service to create voice content that defames, harasses, threatens, embarrasses, or deceives using another person's voice is a material breach of these Terms resulting in immediate termination.

(c) Deceased Individuals

For voices of deceased individuals:

  • You represent that you have a legitimate personal connection (family member, close friend, or similar relationship) or legal authority (estate representative) to use the voice of the deceased individual.

  • You may not use the voice of a deceased individual for commercial purposes, political messaging, or any purpose that would be offensive to the memory of the deceased or harmful to surviving family members.

  • If an authorized family member or estate representative requests removal of a deceased individual's voice data, you must comply promptly.

(d) Biometric Data Acknowledgment

Voice recordings and derived voice models may constitute biometric data or biometric identifiers under applicable laws (including the Illinois Biometric Information Privacy Act, GDPR Article 9, the Texas Capture or Use of Biometric Identifier Act, and Washington My Health My Data Act). By uploading voice recordings, you acknowledge and consent to the collection and processing of this biometric data for the purpose of creating AI voice models. You also acknowledge your obligation to obtain equivalent consent from any third party whose voice you upload.

(e) No Secondary Use

We process voice recordings solely to create AI voice models for your use within the Service. We do not use voice recordings or voice models to train general-purpose AI, and we do not sell, license, or share voice data with third parties for their own purposes.

(f) Deletion

When you delete a contact, the associated voice recordings and AI voice models are deleted. We direct our voice synthesis provider to delete associated models within 30 days of your deletion request.

6. Prohibited Uses

You agree not to use the Service for any unlawful purpose or in any manner that violates these Terms. The following uses are expressly prohibited:

Using CallPastNow to defame, impersonate, or deceive using another person's voice is a material breach of these Terms and will result in immediate account termination.

Voice-Specific Prohibitions

  • Creating AI voice content that defames, libels, or slanders any person.

  • Impersonating any person (living or deceased) to deceive others into believing they are communicating with that person.

  • Creating voice content for fraud, scams, social engineering, or any form of deception.

  • Using AI voices for non-consensual intimate content or sexual harassment.

  • Creating voice content that constitutes harassment, bullying, threats, or intimidation.

  • Using AI voices in political campaigns, electoral communications, or propaganda without clear and prominent disclosure that the voice is AI-generated.

  • Creating AI voice content that could be used as evidence fraud (fabricated recordings presented as authentic).

  • Uploading voices of minors (under 18) without verified parental or legal guardian consent.

  • Using the Service to circumvent two-party consent recording laws or any other applicable recording or wiretapping statutes.

General Prohibitions

  • Violating any applicable local, state, national, or international law or regulation.

  • Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Service.

  • Using automated means (bots, scrapers, crawlers) to access the Service without our prior written consent.

  • Interfering with the security, integrity, or performance of the Service, or disrupting other users' use of the Service.

  • Sharing account credentials with any other person or allowing unauthorized access to your account.

  • Reselling, sublicensing, or commercially redistributing access to the Service without our prior written consent.

  • Using the Service to gather competitive intelligence or to develop a competing product or service.

7. Payments & Subscriptions

Certain features of the Service require a paid subscription or the purchase of call minutes.

Subscriptions

  • Billing. Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on the plan selected). You authorize us to charge the applicable fees to your chosen payment method.

  • Auto-Renewal. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate at each renewal.

  • Cancellation. You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until your subscription period expires. No partial refunds are provided for unused time within a billing period.

  • Refunds. Refund eligibility is determined by applicable law and the policies of the platform through which you purchased (Apple App Store, Google Play Store, or our web payment processor). Contact us or the relevant platform for refund requests.

Call Minutes

  • Minutes Balance. Call minutes purchased or included with your subscription are tracked in your account. Minutes are consumed during active AI voice calls.

  • Expiration. Purchased minutes do not expire while your account remains active.

  • Non-Transferable. Minutes are non-transferable and may not be exchanged for cash or applied to another account.

Pricing Changes

We reserve the right to change our pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing period following at least 30 days' notice. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

App Store Purchases

Purchases made through the Apple App Store or Google Play Store are subject to the terms and conditions of the respective platform. For billing disputes related to app store purchases, please contact Apple or Google directly.

8. Intellectual Property

Our Intellectual Property

The Service, including all software, design, text, graphics, interfaces, and underlying technology, is owned by CallPastNow and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes in accordance with these Terms.

Your Content

You retain ownership of all Content you upload to the Service, including voice recordings, photos, notes, and contact information. By uploading Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and transmit your Content solely for the purpose of providing and improving the Service. This license terminates when you delete your Content or your account.

Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use such feedback for any purpose without obligation or compensation to you.

9. Third-Party Services

The Service integrates with and relies on third-party service providers for certain functionality, including cloud infrastructure, voice synthesis, real-time communications, analytics, and payment processing. These providers process data on our behalf pursuant to data processing agreements.

If you access the Service through the Apple App Store or Google Play Store, your use is also subject to the terms and conditions of the respective platform. We are not responsible for any third-party services, and your interactions with third-party providers are governed by their respective terms and policies.

We do not endorse or assume any responsibility for any third-party websites, services, or content that may be linked from or integrated with the Service.

10. Privacy & Data

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood our Privacy Policy and consent to the practices described therein.

For specific information about how we handle voice data, biometric information, cookies, data retention, and your privacy rights (including rights under CCPA/CPRA and GDPR), please refer to the Privacy Policy.

11. Disclaimers & Limitation of Liability

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, QUALITY, OR FIDELITY OF ANY AI-GENERATED VOICE MODEL. AI VOICE MODELS ARE APPROXIMATIONS AND MAY NOT PERFECTLY REPLICATE THE VOICE OF THE RECORDED INDIVIDUAL.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALLPASTNOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless CallPastNow, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service or any activity under your account.

  • Your upload, creation, or use of voice recordings and AI voice models, including any claims related to right of publicity, defamation, invasion of privacy, or biometric privacy violations.

  • Your violation of these Terms, including the Voice Data & Consent Requirements in Section 5 and the Prohibited Uses in Section 6.

  • Your violation of any applicable law, regulation, or third-party right.

  • Any third-party claim arising from Content you upload or transmit through the Service.

You agree to indemnify and hold CallPastNow harmless from any claims arising from your upload or use of voice recordings, including claims related to right of publicity, defamation, or biometric privacy violations.

13. Termination & Suspension

Termination by You

You may delete your account at any time through the Service or by contacting us at support@callpastnow.com. Upon account deletion, your Content (including voice recordings and AI voice models) will be deleted in accordance with our Privacy Policy.

Termination or Suspension by Us

We may suspend or terminate your account and access to the Service, without prior notice, if:

  • You violate these Terms, including the Voice Data & Consent Requirements (Section 5) or Prohibited Uses (Section 6).

  • We reasonably believe your use of the Service poses a risk of harm to us, other users, or third parties.

  • We are required to do so by law or legal process.

  • Your account has been inactive for an extended period.

Violations of the voice data and consent provisions (Section 5) or voice-specific prohibitions (Section 6) are considered material breaches and may result in immediate termination without warning.

Effect of Termination

Upon termination, your right to use the Service immediately ceases. We will delete your Content in accordance with our Privacy Policy. Termination does not relieve you of any obligations incurred prior to termination, including payment obligations and indemnification obligations. Sections 5 (to the extent obligations survive), 6, 8, 11, 12, 14, and 15 survive termination.

14. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles.

Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@callpastnow.com and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved through good-faith negotiation.

Binding Arbitration

If we are unable to resolve a dispute informally, you and CallPastNow agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall take place in Clark County, Nevada, or at another mutually agreed location (including by videoconference). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits.

Class Action Waiver

YOU AND CALLPASTNOW AGREE THAT EACH PARTY 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

15. General Provisions

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CallPastNow regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

Modifications

We may update these Terms from time to time. For material changes that affect your rights or obligations, we will provide at least 30 days' advance notice through the Service. Non-material changes (clarifications, formatting) take effect upon posting. The "Effective Date" at the top of these Terms indicates when they were last updated. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms, except where additional consent is required by law.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of CallPastNow.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemics, wars, terrorism, labor disputes, power failures, internet disruptions, or cyberattacks.

Contact Us

If you have questions about these Terms of Service, please contact us: