Terms of Service
Updated March 6, 2025
1. Acceptance of Terms
By accessing or using Kolbera's software services or purchasing live transfer calls, you agree to be legally bound by these Terms of Service (the “Agreement”). If you disagree with these Terms, do not purchase live transfer calls or use Kolbera's services. Kolbera reserves the right to update these Terms periodically. Continued use of Kolbera’s services after any changes signifies your acceptance of those changes.
2. Obligations Regarding Services
a) Live Transfer Calls
Kolbera agrees to provide live transfer calls (“Live Calls”) to sales professionals (“Sales Professionals” or “You”) as per the agreed-upon terms. Live Calls are transferred from third-party lead providers to the Sales Professional via the Kolbera software. Calls may originate from various industries, including but not limited to insurance, real estate, and financial services. Each Sales Professional will pay Kolbera for each live transfer call in accordance with the terms agreed upon during registration or an Insertion Order (IO), if applicable.
b) Use of Consumer Information
Kolbera may provide Consumer Information for each Live Call, including but not limited to personal and contact details. You agree to use this information solely to complete the sales transaction for the Live Call and in compliance with applicable laws, including the Telephone Consumer Protection Act (TCPA), FCC regulations, and other relevant guidelines. You must maintain appropriate security measures to prevent unauthorized access.
c) Prohibited Actions
You are prohibited from reselling, transferring, or disclosing any Consumer Information provided by Kolbera to any third party. You may not contact, use, or dispose of any lead you reject, nor transfer it or its associated data to any other party.
3. Compliance with Laws
General Compliance
Both Kolbera and the sales professional must comply with all applicable laws governing the use of live transfer calls.
TCPA Compliance
Kolbera ensures that all live transfer calls comply with the TCPA, including prior express written consent when required.
Privacy Laws
Both parties must comply with consumer privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) and other applicable regulations regarding data protection and consumer rights.
Robocall Prohibition
Sales professionals are prohibited from making robocalls to any consumers received through Kolbera’s platform.
4. User Conduct
Prohibited Actions
Sales professionals must not:
- Violate any applicable laws, including TCPA and CAN-SPAM Act.
- Misrepresent their identity or affiliation.
- Attempt to hack, disrupt, or reverse-engineer Kolbera’s platform.
- Share, transfer, or sell any consumer information received from Kolbera.
Information Accuracy
Sales professionals must provide and maintain accurate, complete, and current information at all times.
Call Monitoring
Kolbera reserves the right to monitor and record calls for quality assurance and compliance purposes. Sales professionals consent to such monitoring.
5. Payment Terms
Prepayment
All live transfer calls must be prepaid before they are delivered. Sales professionals agree to pay Kolbera in advance according to the selected plan.
Credit Card Charges
Kolbera is authorized to charge the advertiser’s credit card or other approved payment methods for all transactions
6. Confidential Information
Definition and Protection
Any proprietary or consumer information provided by Kolbera is confidential and must not be disclosed to third parties without Kolbera’s written consent.
Disclosure Restrictions
If required by law, the sales professionals must notify Kolbera before disclosing any confidential information.
7. Call Delivery
Delivery Terms
Calls are considered delivered when they connect to the advertiser’s designated transfer number during business hours.
Call Volume Monitoring
Kolbera does not guarantee call volume and may adjust availability based on supply and demand.
8. Termination & Pausing Service
Termination
Either party may terminate this agreement with written notice. Any remaining balance in the sales professional’s account is non-refundable but may be used toward future purchases.
9. Billing Disputes
Dispute Resolution Process
Sales professionals must submit billing disputes within five (5) days of receiving a charge. If no dispute is raised within this period, the charge is considered final.
Confidentiality of Disputes
Sales professionals must keep billing disputes confidential and are prohibited from discussing disputes publicly. Violations may result in life-time termination.
10. Disclaimer of Warranties
Kolbera provides live transfer calls “as is” and does not guarantee a specific outcome from their use. Kolbera makes no warranties regarding call quality, conversion rates, or revenue generated.
11. Limitation of Liability
Kolbera’s liability is limited to the amount paid by the sales professionals during the calendar quarter when a claim arises. Kolbera is not responsible for indirect or consequential damages, including lost profits.
12. Indemnification
Sales professionals agree to indemnify and hold Kolbera harmless against claims, damages, or legal actions arising from using Kolbera’s services.
13. Dispute Resolution & Arbitration
Binding Arbitration
Any disputes arising from this agreement will be resolved through arbitration under the rules of the American Arbitration Association. The arbitration will take place in Delaware or Nevada, and both parties waive their right to a jury trial.
Class Action Waiver
Sales professionals waive their right to participate in any class-action lawsuit against Kolbera.
14. Governing Law
The laws of Delaware and Nevada govern this agreement.
15. Entire Agreement
This document constitutes the complete agreement between Kolbera and the sales professional, superseding all prior agreements or communications.
By using Kolbera’s services, you acknowledge that you have read, understood, and agreed to these terms and conditions.