Terms of Service

1. Acceptance of Terms

By accessing or using the CallMeter platform, website, APIs, or any related services (collectively, the "Service"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to all of these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you and CallMeter ("CallMeter," "we," "us," or "our").

2. Description of Service

CallMeter is a cloud-based SIP stress testing and VoIP analytics platform ("Platform") that enables telecommunications professionals to evaluate, monitor, and benchmark their voice infrastructure. The Service includes, but is not limited to:

• Automated SIP call generation with configurable parameters (codec, duration, concurrency)
• Real-time and historical call quality metrics (MOS, jitter, packet loss, latency, R-Factor)
• Audio and video media testing with RTP/RTCP analysis
• SIP endpoint health monitoring and capacity stress testing
• Detailed analytics dashboards and exportable test reports
• REST API and CLI tool for integration with CI/CD pipelines and automation workflows
• Team collaboration features with role-based access control

CallMeter reserves the right to modify, enhance, or discontinue any feature of the Service at any time, with reasonable notice to active subscribers for material changes.

3. Account Registration

To access the Service, you must create an account. You must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater. By registering, you agree to:

• Provide accurate, current, and complete registration information, including your legal name, valid email address, and organization details
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the confidentiality and security of your account credentials, including passwords and API keys
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you
• Notify CallMeter immediately at support@callmeter.io of any unauthorized use of your account or any other breach of security
• Not share, transfer, or sell your account credentials to any third party

CallMeter reserves the right to suspend or terminate accounts that contain false or misleading information, or that are used in violation of these Terms.

4. Subscription Plans and Billing

CallMeter offers tiered subscription plans (Starter, Professional, Business, and Enterprise) with varying features, usage limits, and service levels. By subscribing to a paid plan, you agree to the following:

4.1 Fees and Payment

• All fees are quoted in United States Dollars (USD) unless otherwise stated
• Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle
• You must provide a valid payment method. All payments are processed by our merchant of record, LemonSqueezy (Lemon Squeezy, LLC)
• You authorize recurring charges to your payment method for each billing cycle until you cancel
• Fees are exclusive of all applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for all such taxes except for taxes based on CallMeter's income

4.2 Plan Changes

• Upgrades take effect immediately, with a pro-rated charge for the remainder of the current billing period
• Downgrades take effect at the start of the next billing period. No refunds or credits are issued for the remaining time on a higher-tier plan
• CallMeter may change its pricing with at least thirty (30) days' prior written notice. Price changes take effect at the start of the next billing period following the notice

4.3 Auto-Renewal

Your subscription will automatically renew at the end of each billing period (monthly or annual) at the then-current rate unless you cancel before the renewal date. You may cancel auto-renewal at any time through your account settings or by contacting support@callmeter.io. Cancellation takes effect at the end of the current billing period.

5. Credits System

CallMeter uses a prepaid credits system for usage that exceeds your subscription plan's included allowances:

• Credits are purchased in advance and deducted as overage usage occurs
• Minimum single purchase: $25.00 USD. Maximum single purchase: $1,000.00 USD
• Volume discounts may apply for larger purchases, Contact sales for details
• Credits do not expire while your account remains active and in good standing
• Upon account termination (whether by you or by CallMeter), all remaining credits are forfeited

6. Free Trial

CallMeter offers a seven (7) day free trial for select subscription plans. By enrolling in a free trial, you agree to the following:

• A valid payment method (credit card) is required at enrollment
• You will have access to the features described for your selected plan at no charge for seven (7) days from the date of enrollment
• At the end of the trial period, your subscription will automatically convert to a paid subscription at the then-current rate for your selected plan. You authorize this charge to your payment method on file
• To avoid charges, you must cancel before the trial expires through your account settings or by contacting support@callmeter.io
• You will receive a reminder notification at least three (3) days before the trial period ends
• CallMeter reserves the right to limit free trials to one per person, organization, or payment method
• Abuse of the free trial program (including creating multiple accounts) may result in account termination

7. Cancellation and Refunds

7.1 Cancellation

• You may cancel your subscription at any time through your account settings or by contacting support@callmeter.io
• Cancellation takes effect at the end of your current billing period. You will retain access to paid features until that date
• Upon cancellation, your account will be deactivated at the end of the current billing period. Your data will be retained for 30 days in accordance with Section 14.3
• Your test data will be retained for thirty (30) days after cancellation, after which it may be permanently deleted

7.2 Refunds

• Monthly subscriptions: No refunds for partial billing periods
• Annual subscriptions: Pro-rata refunds may be issued if cancellation is requested within the first thirty (30) days of the annual billing period. After thirty (30) days, no refunds will be issued
• Credits: Unused credits may be refunded on a pro-rata basis for accounts in good standing that have not violated these Terms. Accounts terminated for breach forfeit all remaining credits, except where applicable law requires otherwise
• Refund requests must be submitted to billing@callmeter.io and will be processed within fourteen (14) business days

8. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not, and shall not permit any third party to:

• Use the Service to test, attack, or stress-test any system, network, or endpoint without explicit written authorization from its owner
• Use the Service to conduct denial-of-service attacks, whether against your own infrastructure or third-party systems
• Use the Service to engage in illegal telecommunications activity, including toll fraud, traffic pumping, or unauthorized interception
• Attempt to gain unauthorized access to the Service, other accounts, or any computer systems or networks connected to the Service
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Resell, sublicense, or redistribute access to the Service without CallMeter's prior written consent
• Transmit malware, viruses, or any other harmful code through the Service
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein
• Violate any applicable local, state, national, or international law or regulation
• Use the Service in any manner that could damage, disable, overburden, or impair CallMeter's servers or networks

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, without prior notice or refund.

9. Service Level Agreement (SLA)

For customers on Business and Enterprise plans, CallMeter commits to a 99.5% monthly uptime guarantee for core platform services ("SLA"). This SLA covers:

• Web dashboard and API availability
• SIP call generation and test execution services
• Metrics collection and analytics processing

9.1 SLA Credits

If monthly uptime falls below 99.5%, eligible customers may request service credits:

9.2 SLA Exclusions

The SLA does not apply to downtime caused by:

• Scheduled maintenance (announced at least 48 hours in advance)
• Force majeure events beyond CallMeter's reasonable control
• Customer's own equipment, software, network connections, or third-party services
• Abuse or misuse of the Service in violation of these Terms
• Features designated as "beta" or "preview"

10. Intellectual Property

The Service, including all software, code, architecture, user interfaces, designs, graphics, trademarks, logos, documentation, algorithms, and data models, is and shall remain the exclusive property of CallMeter and its licensors, protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Data: You retain all ownership rights in data you upload, create, or generate through the Service ("Customer Data"), including test configurations, SIP credentials, and test results. You grant CallMeter a limited, non-exclusive, worldwide license to use Customer Data solely as necessary to provide, maintain, and improve the Service.

Feedback: If you provide suggestions, ideas, or feedback regarding the Service ("Feedback"), you grant CallMeter a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Service without obligation or compensation to you.

11. Data Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, store, and protect your personal information and is incorporated herein by reference. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

Third-Party Services

The Service uses Google reCAPTCHA v3 to protect against automated abuse. By using the Service, you acknowledge that your use is subject to the Google Privacy Policy and Terms of Service. For details about data collected, see our Privacy Policy.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

• No Consequential Damages. In no event shall CallMeter, its directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings, regardless of the cause of action or the theory of liability, even if CallMeter has been advised of the possibility of such damages.
• Aggregate Liability Cap. CallMeter's total cumulative liability under these Terms, whether in contract, tort (including negligence), strict liability, or any other theory, shall not exceed the total amount of fees actually paid by you to CallMeter during the twelve (12) months immediately preceding the event giving rise to the claim.
• Essential Basis. The limitations set forth in this section reflect an informed, voluntary allocation of risk and are an essential basis of the bargain between the parties. CallMeter would not provide the Service without these limitations.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, CallMeter's liability shall be limited to the greatest extent permitted by law.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14. Indemnification

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

• Your use of the Service or any activity conducted through your account
• Your violation of these Terms or any applicable law or regulation
• Your violation of any rights of a third party, including intellectual property rights or privacy rights
• Any unauthorized testing or stress testing of third-party systems conducted using the Service
• Any Customer Data you submit, post, or transmit through the Service

CallMeter reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

CallMeter shall indemnify, defend, and hold harmless Customer from and against any third-party claims arising from (a) CallMeter's infringement of any third-party intellectual property right, or (b) CallMeter's gross negligence or willful misconduct in providing the Service.

15. Termination

14.1 Termination by You

You may terminate your account at any time by canceling your subscription and deleting your account through your account settings. Termination does not relieve you of any obligation to pay fees accrued prior to the effective date of termination.

14.2 Termination by CallMeter

CallMeter may suspend or terminate your account immediately, without prior notice, if you:

• Breach any provision of these Terms, including the Acceptable Use Policy
• Engage in fraudulent, abusive, or illegal activity
• Fail to pay applicable fees within fifteen (15) days of the due date
• Use the Service in a manner that threatens the security, integrity, or availability of the Service for other users
• Become subject to bankruptcy, insolvency, or similar proceedings

14.3 Effect of Termination

Upon termination, your right to access and use the Service ceases immediately. CallMeter will retain your data for thirty (30) days following termination, during which you may request an export. After this period, your data may be permanently deleted. Sections that by their nature should survive termination shall survive, including Sections 10, 12, 13, 14, 16, and 17.

16. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal proceedings, you agree to first contact CallMeter at legal@callmeter.io and attempt to resolve the dispute informally for at least thirty (30) days.

15.2 Binding Arbitration

If a dispute cannot be resolved informally, you and CallMeter agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware, or at another mutually agreed-upon location.

15.3 Class Action Waiver

You and CallMeter agree that any arbitration or court proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. To the extent that arbitration is not applicable, you consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

18. Changes to These Terms

CallMeter reserves the right to modify these Terms at any time. We will provide notice of material changes by:

• Sending an email to the address associated with your account at least thirty (30) days before the changes take effect
• Displaying a prominent notice within the Service
• Updating the "Last Updated" date at the top of this page

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must stop using the Service and cancel your subscription before the changes take effect.

19. General Provisions

• Entire Agreement. These Terms, together with the Privacy Policy and any order forms or subscription agreements, constitute the entire agreement between you and CallMeter regarding the Service.
• Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver. The failure of CallMeter to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment. You may not assign or transfer these Terms or your rights hereunder without CallMeter's prior written consent. CallMeter may assign these Terms without restriction.
• Force Majeure. CallMeter shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, war, terrorism, pandemics, power outages, or internet service disruptions.
• Notices. All notices to CallMeter must be sent to legal@callmeter.io. Notices to you will be sent to the email address associated with your account.

19. Contact Information

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