Last updated: 2 July 2026
These terms are a business-to-business agreement between:
- Callyard ("we", "us", "our"): currently operated by James Shallcrass, a sole trader based in the United Kingdom. A limited company is planned; on incorporation these terms will be novated or reissued in the company's name and clients will be notified.
- The Client ("you", "your"): the business that signs up for the service.
The service is for business customers only. It is not offered to consumers, and consumer protection law that applies only to consumers does not apply to this agreement.
1. What the service is
Callyard is a managed AI office for trade businesses. When you subscribe, we provide:
- An AI voice agent that answers calls to your business number 24 hours a day, 7 days a week, and an AI chat agent where enabled.
- Recording and transcription of those calls.
- Booking of jobs into your diary or calendar based on what callers ask for.
- SMS messages to the customers who contacted you (for example booking confirmations and follow-ups), sent on your behalf.
- Reporting, including marketing attribution showing where your calls came from.
We host and operate the platform. You use it to run your front office. Section 8 covers who is responsible for what.
2. Term, billing and cancellation
- The service is billed monthly in advance at the price agreed at sign-up or as later varied under clause 2.5.
- The agreement rolls month to month. There is no minimum term and no lock-in.
- You can cancel at any time by giving us notice (email is fine). Cancellation takes effect at the end of the billing period in which you give notice. You keep full access until then. We do not give pro-rata refunds for partial months, because you can keep using the service to the end of the period you have paid for.
- We can also end the agreement on 30 days' notice to the end of a billing period, or immediately under clause 12.
- We may change our prices by giving you at least 30 days' notice. Because the agreement is monthly rolling, if you do not accept a price change you can cancel before it takes effect.
- Invoices are due on the date stated on them. Payment is normally taken by the payment method you set up at sign-up.
3. Your number and your data when you leave
- Your phone number stays yours. Whether you brought your own number or we provisioned one for you as part of the service, on termination you may keep or port the number your customers call. We will cooperate with any porting request promptly and will not hold your number hostage.
- You can export your data. On request, before or within 30 days after termination, we will provide an export of your account data, including call recordings, transcripts, contact details and booking records, in a common machine-readable format at no extra charge.
- After that export window, we delete your data in line with our Privacy Policy and the Data Processing Agreement.
4. Included minutes and fair usage
- Your plan includes an allowance of AI-handled call minutes per month, stated in your plan details at sign-up.
- Usage above your allowance is charged at the pass-through rate stated in your plan details, which reflects our underlying telephony and AI processing costs plus a stated handling margin. We will always tell you the current overage rate before it applies, and you can see your usage in your dashboard.
- Fair usage: the allowance is intended for genuine inbound business calls to your trade business. Artificially generated traffic, call flooding, using one subscription to serve multiple distinct businesses, or reselling the service without our written agreement all fall outside fair usage, and we may throttle, charge at the overage rate, or terminate under clause 12.
5. Service levels, honestly stated
- We aim for the service to be available and answering at all times, and we build for that: monitored infrastructure, redundancy where practical, and alerting.
- We do not promise 100 percent uptime, and you should not rely on any such promise from anyone. Telephony, hosting and AI providers we depend on can fail, and so can we.
- Failover: if our service is down or cannot answer, calls to your number are diverted to a fallback destination you nominate (normally your own mobile or landline). You are responsible for keeping that fallback number current in your account settings. Failover means your customers still reach a ringing phone; it does not mean the AI features are available during the outage.
- The service is provided on a best-efforts basis. Where we become aware of a significant outage affecting you, we will tell you and keep you updated until it is resolved.
- If a fault on our side means the AI agent was materially unavailable for a sustained period in a month, we will apply a fair credit to your next invoice on request. This credit is your sole remedy for downtime, subject to clause 9.
6. AI disclosure and call recording: your consent and your obligations
- You acknowledge and agree that an AI agent will represent your business to your customers: it will answer with your business name, speak with callers, take bookings and send SMS in your name.
- You acknowledge and agree that calls handled by the service are recorded and transcribed, and that the AI agent discloses at the start of each call that the caller is speaking with an AI assistant and that the call is recorded. The standard disclosure wording is set out in our Call Disclosure document and must not be disabled.
- You must not ask us to remove or suppress the AI or recording disclosures. If a regulator or law requires stronger disclosure, we may update the wording and will notify you.
- You are the data controller for your customers' personal data processed through the service, and we are your processor. The Data Processing Agreement (DPA) forms part of these terms. You are responsible for having a lawful basis for this processing and for your own privacy notice to your customers; we give you template wording in the Call Disclosure document to make that easy.
7. Acceptable use
You must not use the service, and must not ask us to configure it, to:
- Make outbound marketing calls or send outbound marketing messages. The service is for handling inbound contact and for transactional messages related to that contact (confirmations, reminders, follow-ups about a specific enquiry or booking). Automated outbound marketing is excluded by design because of UK direct marketing rules (PECR).
- Do anything unlawful, fraudulent or deceptive, including misrepresenting who you are.
- Harass, threaten or abuse callers, or instruct the agent to do so.
- Handle special category data (for example health data) as a purpose of the service. Callers may volunteer such information in a call; that incidental processing is covered by the DPA, but you must not build workflows that solicit it without agreeing that with us first.
- Interfere with, probe or overload the platform, or attempt to extract our models, prompts or other providers' services beyond normal use.
We may suspend the service immediately where we reasonably believe your use breaches this clause or puts us, our other clients or the public at risk. We will tell you why and work with you to restore service where possible.
8. Your responsibilities for your own business
This clause matters and we want it understood plainly:
- You remain fully responsible for your trade work. Callyard answers your phone and books your diary. We do not carry out, supervise or warrant your plumbing, electrics, roofing or any other work. Nothing we do transfers any of your professional, contractual or regulatory responsibilities to us.
- You are responsible for honouring quotes and prices given to your customers. The AI agent works from the pricing, availability and scripting information you give us. If the agent quotes a price or timeframe based on your configuration, that quote is yours. You should review your configured prices and scripts and keep them current. If you believe the agent has misquoted due to a fault on our side rather than your configuration, tell us and we will investigate, but as between you and your customer the commitment is yours to manage.
- You are responsible for the accuracy of the business information you give us (opening hours, services offered, prices, coverage area) and for reviewing bookings and transcripts with reasonable regularity.
9. Liability
- Cap: our total aggregate liability to you arising out of or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the total fees you paid us in the three months immediately before the event giving rise to the claim (or, if you have been a client for less than three months, the fees paid to date).
- Excluded losses: we are not liable for indirect or consequential loss, loss of profits, loss of revenue, loss of business or contracts, loss of anticipated savings, or loss of goodwill, even if advised of the possibility.
- Missed calls and bookings: except as covered by the service credit in clause 5, we are not liable for the value of any job, contract or opportunity said to be lost because a call was missed, misrouted, mishandled or misbooked. A missed call is exactly the risk clause 5's failover and this cap are designed around, and our pricing reflects that allocation of risk.
- Your trade work: for the avoidance of doubt and consistent with clause 8, we have no liability for your trade work, your quotes or your pricing, and you will indemnify us against third-party claims arising from the goods or services you supply to your customers.
- What we do not exclude: nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.
10. Intellectual property and data ownership
- We own the platform: the software, AI configurations, prompts, voice profiles we create, workflows, documentation and everything else that makes Callyard work, including improvements informed by aggregate usage. Nothing in this agreement transfers any of that to you. You get a non-exclusive, non-transferable right to use the service while you subscribe.
- You own your data: your business information, your customer contact details, your call recordings, your transcripts and your booking records. We process that data only to provide the service, as set out in the DPA and Privacy Policy, and you can take it with you when you leave (clause 3).
- We may use anonymised, aggregated usage data (which identifies neither you nor your customers) to operate, benchmark and improve the service.
11. Confidentiality
Each party will keep the other's confidential information confidential and use it only for the purposes of this agreement, except where disclosure is required by law. This clause survives termination for 3 years.
12. Suspension and termination for cause
We may suspend or terminate the agreement immediately, with written notice stating the reason, if:
- Your fees are more than 14 days overdue and remain unpaid 7 days after a reminder.
- You materially breach clause 7 (acceptable use) or clause 6 (disclosures).
- You become insolvent or cease trading.
You may terminate immediately if we materially breach this agreement and fail to remedy the breach within 14 days of your written notice. Termination for any reason triggers the data export and number porting rights in clause 3.
13. General
- Changes to these terms: we may update these terms by giving at least 30 days' notice. Continued use after the notice period is acceptance; if you do not accept, cancel under clause 2.
- Assignment: we may assign this agreement to a successor entity (including the planned limited company). You may not assign without our consent, not unreasonably withheld.
- Entire agreement: these terms, your plan details, the Privacy Policy, the DPA and the Call Disclosure document form the whole agreement. Neither party relies on any statement not set out in them, except that nothing excludes liability for fraud.
- No partnership: nothing here creates a partnership, agency (beyond the agent answering calls in your name as your service provider) or employment relationship.
- Notices: by email to the addresses on the account, effective on sending during business hours.
- Severance: if any clause is found unenforceable, the rest stays in force.
- Governing law and jurisdiction: this agreement is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
Contact
Callyard, operated by James Shallcrass (sole trader, United Kingdom)
Email: hello@callyard.co.uk