Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service. Continued use of the Service after any modification to these Terms constitutes your acceptance of the revised Terms.

2. Description of Service

NewTracker is a cloud-based call tracking and analytics platform designed for marketing agencies and businesses. The Service includes, but is not limited to:

• Inbound call tracking and attribution to marketing campaigns, keywords, and traffic sources.
• Dynamic Number Insertion (DNI) that dynamically swaps phone numbers on your website to enable visitor-level tracking.
• Call recording capabilities for quality assurance, training, and compliance purposes.
• CRM module for lead management, sales pipeline tracking, and automated lead assignment.
• Integrations with third-party platforms including Google Ads, Twilio, Make.com, and Zapier.
• Multi-tenant architecture enabling agencies to manage multiple client accounts from a single dashboard.
• Reporting and analytics dashboards with real-time and historical call data.

3. Account Registration & Security

To use the Service, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account, whether or not authorized by you.
• Notifying us immediately of any unauthorized access or security breach at legal@new-tone.io.

Authentication is managed through Supabase. You acknowledge that account security is a shared responsibility and that we are not liable for losses arising from your failure to safeguard your credentials.

We reserve the right to suspend or terminate accounts that violate these Terms, provide false information, or remain inactive for an extended period, upon reasonable notice where practicable.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You shall not:

• Use the Service to make or track calls that violate telemarketing laws, including the Israeli Communications Law (Telecommunications and Broadcasting), TCPA, GDPR, or any applicable do-not-call regulations.
• Record calls without proper consent as required by applicable law (one-party or all-party consent as applicable in your jurisdiction).
• Transmit spam, unsolicited communications, or engage in robocalling through the Service.
• Attempt to gain unauthorized access to other tenant accounts, systems, or data.
• Reverse engineer, decompile, or disassemble any component of the Service.
• Use the Service to store or transmit malicious code, viruses, or harmful data.
• Resell, sublicense, or redistribute the Service without prior written consent.
• Use the Service in any manner that could impair, overburden, or damage our infrastructure.

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

5. Subscription & Payment Terms

5.1 Subscription Plans. The Service is offered on a subscription basis. Details of available plans, features, and pricing are published on our website and may be updated from time to time.

5.2 Billing. Subscription fees are billed in advance on a monthly or annual basis, depending on the plan selected. Usage-based charges (e.g., per-minute call recording, phone number provisioning) are billed in arrears.

5.3 Payment Methods. Payments are processed through our authorized payment processors. You authorize us to charge your designated payment method for all applicable fees.

5.4 Taxes. All fees are exclusive of taxes. You are responsible for all applicable taxes, including VAT, except for taxes based on our net income.

5.5 Late Payments. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. We reserve the right to suspend the Service for accounts with payments overdue by more than fifteen (15) days.

5.6 Refunds. Subscription fees are non-refundable except as required by applicable law or as expressly stated in a separate written agreement.

6. Intellectual Property

6.1 Our IP. The Service, including all software, algorithms, interfaces, documentation, trademarks, and underlying technology, is and remains the exclusive property of New-Tone Ltd. and its licensors. These Terms grant you no ownership rights in the Service.

6.2 Your Data. You retain all rights to the data you upload or generate through the Service ("Customer Data"). You grant us a limited, non-exclusive license to process Customer Data solely for the purpose of providing and improving the Service.

6.3 Feedback. If you provide suggestions, feature requests, or other feedback regarding the Service, you grant us an irrevocable, royalty-free, worldwide license to use and incorporate such feedback without obligation to you.

7. Privacy & Data Processing

7.1 Data Controller & Processor. With respect to Customer Data, you act as the data controller and we act as the data processor. We process personal data only on your documented instructions and in accordance with applicable data protection laws.

7.2 Data Storage. Customer Data is stored on Supabase infrastructure. We implement industry-standard technical and organizational security measures including encryption at rest and in transit, access controls, and audit logging.

7.3 Call Recordings. Call recordings are stored securely and are accessible only to authorized users within your tenant account. You are solely responsible for ensuring that call recording complies with all applicable consent and notification requirements in your jurisdiction.

7.4 Data Retention. We retain Customer Data for the duration of your subscription and for a reasonable period thereafter to allow for data export. Upon termination, you may request deletion of your data, which we will process within thirty (30) days, except where retention is required by law.

7.5 Multi-Tenancy. The Service employs strict tenant isolation. Data belonging to one tenant is never accessible to another tenant. We enforce tenant boundaries at both the application and database levels.

7.6 Sub-Processors. We may engage sub-processors to assist in providing the Service. A current list of sub-processors is available upon request. We will notify you of any changes to sub-processors and provide you the opportunity to object.

8. Third-Party Integrations

8.1 Twilio. The Service uses Twilio for telephony infrastructure, including phone number provisioning, call routing, and call recording. Your use of Twilio services through our platform is subject to Twilio's Terms of Service and Acceptable Use Policy. We are not responsible for Twilio service outages or changes to their platform.

8.2 Google Ads. Integration with Google Ads enables call conversion tracking and campaign attribution. You are responsible for complying with Google Ads policies and ensuring proper consent for data sharing between the Service and your Google Ads account.

8.3 Automation Platforms. The Service integrates with Make.com, Zapier, and similar automation platforms. These integrations are provided "as is." We are not liable for data loss, errors, or disruptions caused by third-party automation workflows or changes to third-party APIs.

8.4 General. Third-party services are governed by their own terms and privacy policies. We do not warrant the availability, accuracy, or reliability of any third-party integration. You acknowledge that disabling or modifying third-party integrations may affect Service functionality.

9. Service Level & Availability

9.1 Uptime Target. We use commercially reasonable efforts to maintain Service availability of 99.9% measured on a monthly basis, excluding scheduled maintenance and force majeure events.

9.2 Scheduled Maintenance. We will provide at least 48 hours' advance notice of planned maintenance that may affect Service availability. Maintenance windows will be scheduled during off-peak hours whenever possible.

9.3 Support. Technical support is available via email. Response times and support channels vary by subscription plan. Enterprise customers may negotiate custom SLA terms.

9.4 No Guarantees. While we strive for high availability, the Service is provided "as is" and we do not guarantee uninterrupted or error-free operation. We shall not be liable for any downtime or data loss resulting from circumstances beyond our reasonable control.

10. Limitation of Liability

10.1 Exclusion of Damages. To the maximum extent permitted by applicable law, in no event shall New-Tone Ltd., its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or related to your use of the Service.

10.2 Cap on Liability. Our total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the total amount of fees paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim.

10.3 Basis of the Bargain. The limitations set forth in this section reflect the allocation of risk between the parties and are an essential element of the basis of the bargain between us. The Service would not be provided without these limitations.

11. Indemnification

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

• Your use of the Service in violation of these Terms.
• Your violation of any applicable law or regulation, including call recording consent laws and telemarketing regulations.
• Any claim by a third party that your Customer Data or your use of the Service infringes their rights.
• Your failure to obtain necessary consents for call recording or data processing.

12. Termination

12.1 By You. You may terminate your account at any time by providing written notice or using the account cancellation feature in the Service. Termination does not entitle you to a refund of prepaid fees.

12.2 By Us. We may suspend or terminate your access to the Service immediately if you breach these Terms, fail to pay fees when due, or engage in activity that poses a security risk. For non-material breaches, we will provide thirty (30) days' written notice and an opportunity to cure before termination.

12.3 Effect of Termination. Upon termination: (a) your right to access the Service ceases immediately; (b) we will make your Customer Data available for export for thirty (30) days; (c) after the export period, we may delete your Customer Data; and (d) provisions that by their nature should survive termination will remain in effect, including Sections 6, 7, 10, 11, and 13.

13. Governing Law & Dispute Resolution

13.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law provisions.

13.2 Jurisdiction. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts located in Tel Aviv-Jaffa, Israel.

13.3 Informal Resolution. Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiations for a period of thirty (30) days following written notice of the dispute.

13.4 Injunctive Relief. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will: (a) update the "Effective Date" at the top of this page; (b) notify you by email to the address associated with your account at least thirty (30) days before the changes take effect; and (c) post a prominent notice within the Service.

Your continued use of the Service after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Service and terminate your account before the changes take effect.

15. Contact Information

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