Agent Terms of Service

These Terms of Service (the "Terms") are between The Real Corp DXB LLC ("The Real Corp DXB LLC", "we", "us"), operator of the TheyCall platform (the "Platform"), and the insurance agent or agency creating an account ("you"). You accept these Terms by checking the acceptance box during onboarding.

1. Definitions

1.1 "Campaign" (also "Offer") — a call program published in the Platform, with a published price per Qualified Call, a Buffer, and Published Criteria.

1.2 "Buffer" — the minimum connected duration published for a Campaign. The Buffer for each Campaign is displayed before you opt in.

1.3 "Published Criteria" — the qualification requirements published in the Platform for a Campaign, including the Buffer, as in effect at the time of a call. Published Criteria are versioned; the version in effect at call time governs that call.

1.4 "Qualified Call" — a call that the Platform's automated verdict determines met the Published Criteria in effect at call time.

1.5 "Wallet" and "Call Credits" — your prepaid balance on the Platform, denominated in US dollars and redeemable only against charges for Qualified Calls and related Platform charges.

1.6 "Consumer" — the individual whose inbound call is routed to you.

1.7 "Minimum Top-Up" — the minimum amount you may add to your Wallet in a single top-up, as published in the Platform.

1.8 "Minimum Go-Online Balance" — the minimum Wallet balance you must hold to set yourself available for calls, as published in the Platform.

2. Eligibility and accounts

2.1 The Platform is for licensed insurance producers (individual agents) and agencies. It is a business tool, not a consumer service.

2.2 Account activation requires: signup information, email verification, and acceptance of the current versions of these Terms and the Agent Attestation. Receiving calls ("going online") additionally requires a Wallet balance at or above the Minimum Go-Online Balance.

2.3 You must keep your account information — including your licensed states — accurate and current. Accounts are individual; agency accounts may manage their own agents through the Platform's agency features.

3. License and acceptable use

3.1 We grant you a limited, revocable, non-exclusive, non-transferable right to use the Platform for the term of these Terms.

3.2 You must not: resell or share Platform access; scrape or extract Platform data beyond your own account data; interfere with Platform operation; or use the Platform for any product or activity other than the Campaigns you opted into.

4. Insurance licensing

4.1 You select in the Platform the states in which you take calls. You represent that you hold, and will maintain in good standing, an active insurance producer license in every state you select, for the lines of business of the Campaigns you join.

4.2 If a license lapses or is restricted, you must deselect the state immediately and update your account. Taking a call while unlicensed in the Consumer's state is your sole responsibility.

4.3 We may, but are not obligated to, verify licensing. Routing is based on the states you selected; we do not warrant that routing prevents unlicensed contact.

5. Wallet — prepaid Call Credits

5.1 Top-ups. You fund your Wallet in advance by card through Stripe Checkout. Each top-up must be at least the Minimum Top-Up. Payment card data is handled by Stripe; we do not store card numbers.

5.2 Nature of credits. Call Credits are a prepayment for Platform services. They are not a deposit or stored-value account, earn no interest, and have no cash value outside the Platform.

5.3 No withdrawal. Call Credits are non-withdrawable and non-refundable, except (a) where a refund is required by applicable law, or (b) where we approve a refund in our discretion. On termination of your account by us without cause, we will refund your unused Call Credits.

5.4 Agency transfers. Agency accounts may transfer Call Credits to their own agents' Wallets inside the Platform, at no fee. Transfers are ledger movements between Wallets, not payments out of the Platform.

5.5 Adjustments. Wallet balances may be adjusted by Platform administrators to implement credits, corrections, and reversals under these Terms. Every movement is recorded in your transaction ledger, visible in the Platform.

5.6 Going online. You can only set yourself available for calls when your Wallet balance meets the Minimum Go-Online Balance.

5.7 No chargebacks on consumed credits. Disputing or reversing a card transaction (chargeback) for Call Credits that have already been consumed — i.e., applied against a Qualified Call charge or other Platform charge — is a material breach of these Terms. On a chargeback affecting consumed credits, we may immediately suspend your account and pursue recovery of the disputed amount and any chargeback fees we incur.

6. Per-call billing

6.1 Price. Each Campaign publishes your price per Qualified Call before you opt in (displayed with the Campaign's Buffer). Prices may change prospectively by publication; changes never affect calls already completed.

6.2 When you are charged. When a routed call completes, the Platform's automated verdict evaluates it against the Published Criteria in effect at call time. Your Wallet is debited the published price only for Qualified Calls. A call whose connected duration is below the Campaign Buffer is not charged.

6.3 Ledger and reconciliation. Charges are recorded per call in your ledger, one charge per call (duplicate webhooks and re-processing cannot double-charge). The Platform may re-run billing for completed calls within a reconciliation window of approximately forty-eight (48) hours to capture calls missed by transient failures.

6.4 Insufficient balance. If your balance cannot cover a charge, the charge fails, and you may be taken offline until you top up.

7. Qualified-or-Credited Guarantee

7.1 For every completed call routed to you, exactly one of the following holds: (a) the call met the Published Criteria in effect at call time and you are charged the published price; or (b) the call's connected duration was below the Campaign Buffer, and you are never charged for it — this non-charge is automatic and requires no action from you. If a charge is applied to a call that is later found not to have met the Published Criteria, it is reversed as a credit to your Wallet on review under Section 7.3, not automatically.

7.2 We call this the Qualified-or-Credited Guarantee. Credits under the Guarantee are Wallet credits, not cash refunds. The Guarantee compensates the per-call charge only; it does not cover consequential losses, commissions, or your time.

7.3 Review. If you believe a charged call was not a Qualified Call, submit it through Platform support within fourteen (14) days of the charge. Review is against the Platform's records — the recording, transcript where available, call metadata, and the Published Criteria version in effect at call time — and the resulting verdict is applied to your Wallet.

7.4 You must not manipulate call duration or call handling to defeat qualification (for example, engineering a hang-up around the Buffer, or instructing callers to call back off-Platform).

8. Call conduct

8.1 Recording disclosure. All billable Platform calls are recorded from answer; the Platform does not route billable calls without call recording active. You must follow the Platform's Call Recording Policy as published, including announcing the recording at the start of every call, regardless of state. The in-call compliance checklist flags the disclosure step for calls in all-party-consent and unknown states; the checklist is an aid, not a substitute for the obligation — the doctrine is universal disclosure on every call, not only where the checklist flags it.

8.2 Sales conduct. You are solely responsible for what you say and sell on calls: suitability, replacement rules, state insurance marketing and sales law, carrier rules, and honesty. We provide call scripts and a compliance checklist as quality and training aids only ("for training purposes only"); they are not legal advice, and checklist scores never alter billing.

8.3 Dispositions. You may record a disposition (outcome) per call, including sale amounts and do-not-call requests. Disposition data feeds your metrics and the publisher's quality verdicts. Flagging "do not call" creates an internal suppression record; it is not a DNC-registry filing. You remain responsible for honoring the Consumer's requests in your own follow-up activity.

8.4 No circumvention. You must not solicit, instruct, or incentivize callers to call you or your business outside the Platform to avoid per-call billing, and you must not divert Platform-generated demand to non-Platform numbers.

9. Consumer data

9.1 Call recordings, transcripts, and Consumer data are made available to you to service the Consumer's inquiry and for your own compliance and quality records.

9.2 You must handle Consumer data in compliance with applicable law, keep it confidential, and not sell it or share it with third parties except as needed to write the business the Consumer requested.

9.3 Flow-down of consumer privacy rights. If we notify you that a Consumer has exercised a right to delete or correct their personal information under applicable privacy law, you must honor that request as to your own copies of the affected recordings, transcripts, and other Consumer data, and confirm completion to us, within thirty (30) days of our notice. This obligation survives termination of these Terms.

10. No volume guarantee; routing

10.1 We do not guarantee call volume, call frequency, Consumer quality beyond the Published Criteria, or that you will write business.

10.2 Call routing among eligible agents is determined by the Platform (including availability, states, Campaign settings, and concurrency caps) and may change. Routing logic is not a contractual commitment.

11. Suspension and termination

11.1 You may stop using the Platform at any time; going offline stops new charges. You may terminate your account by notice through the Platform.

11.2 We may suspend or terminate your account immediately where we reasonably suspect: breach of these Terms or the Agent Attestation, unlicensed activity, abusive conduct toward Consumers, fraud, manipulation of qualification, or legal risk. Otherwise we may terminate for convenience on seven (7) days' notice.

11.3 On termination, Section 5.3 governs any remaining Call Credits. Sections 5.7, 7.3 (pending reviews), 9, 12, 13, and 14 survive.

12. Disclaimers; limitation of liability

12.1 The Platform is provided "as is", without warranties of any kind, express or implied. Automated verdicts are rendered on the Platform's records.

12.2 Neither party is liable for indirect, incidental, consequential, special, or punitive damages, or lost profits or commissions.

12.3 Our total aggregate liability under these Terms is capped at the amounts you paid to the Platform in the twelve (12) months before the event giving rise to liability.

13. Indemnification

You will defend, indemnify, and hold harmless The Real Corp DXB LLC and its affiliates from third-party claims and regulatory actions (including damages, penalties, settlements, and reasonable attorneys' fees) arising out of: (a) your conduct on calls or your insurance sales activity; (b) your breach of these Terms or the Agent Attestation; (c) your handling of Consumer data; or (d) unlicensed activity.

14. General

14.1 Amendments. We amend these Terms by publishing a new version in the Platform. New versions apply prospectively; the Platform requires acceptance of the currently active version, and your recorded acceptance (or continued use after the stated effective date) constitutes agreement.

14.2 Notices. We notify you via the Platform or account email; you notify us at legal@theycall.ai.

14.3 Assignment. You may not assign these Terms without our written consent; we may assign to an affiliate or in a corporate transaction.

14.4 Severability; waiver; entire agreement. Invalid clauses are severed. A missed enforcement is not a waiver. These Terms, the Agent Attestation, the Call Recording Policy, and the Campaign terms published in the Platform are the entire agreement.

15. Force Majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, internet or telecommunications failures, and outages or failures of third-party infrastructure providers the Platform depends on (including Twilio, Stripe, and hosting providers). The affected party must notify the other and resume performance as soon as reasonably possible. This section does not excuse payment obligations for amounts already accrued.