Terms of Service

Effective Date: March 28, 2026  ·  Last Updated: July 7, 2026

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “Subscriber”) and Call Donna, Inc., a Delaware corporation doing business as “Donna” (“Donna,” “Call Donna,” “we,” “us,” or “our”). By creating an account, subscribing to our service, or otherwise using the Donna mobile application, the Donna phone service, or the calldonna.co website (together, the “Service”), you agree to be bound by these Terms in full.

If you do not agree to these Terms, do not use the Service. We reserve the right to update these Terms at any time. Material changes will be communicated via email or in-app notice at least 30 days before taking effect. Your continued use of the Service after the effective date of any update constitutes acceptance of the revised Terms.

2. Description of Service

Donna is an AI-powered companion calling service. Through the Donna mobile application, caregivers (“Subscribers”) can schedule automated, personalized phone calls from an AI assistant (“Donna”) to their elderly loved ones (“Call Recipients”). The Service includes:

  • Scheduled AI-generated phone calls to Call Recipients
  • Personalized conversation based on preferences, interests, and everyday or social reminders configured by the Subscriber
  • Post-call summaries and transcripts delivered to the Subscriber in the app
  • Missed call notifications and call history
  • A preview phone line for prospective users to experience a sample call without an account

Account creation, subscription, scheduling, and the caregiver dashboard are provided through the Donna mobile application. The calldonna.co website is an informational and marketing site; it lets you learn about Donna, join the waitlist, reach the preview phone line, and view these legal pages. You do not create an account or subscribe on the website.

3. Not a Medical or Emergency Service

Important, please read: Donna is a companionship and conversation service. It is not a medical device, healthcare provider, medication-management or medication-adherence tool, health- or safety-monitoring service, emergency service, or a substitute for professional or family care.

You acknowledge and agree that:

  • No medical care or advice. Donna does not provide medical advice and does not diagnose, treat, monitor, or manage any medical or health condition. Donna may decline to answer medical questions and will suggest contacting a qualified professional.
  • Not for medication adherence. Donna is not designed to manage medications and is not responsible for medication adherence, dosing, or timing. Donna discourages using it for medication or other clinical reminders, and reminders are intended for everyday and social topics only. You should use a pharmacy service, a pill organizer, or a medical professional for anything involving medication or health.
  • Reminders are not guaranteed and are delivered live only. Donna delivers reminders only during a live, answered conversation. If a call is not answered or reaches voicemail, the reminder is not delivered on that call. We do not guarantee that any reminder will be delivered, delivered on time, or acknowledged. Do not rely on Donna for any reminder where a missed or mistimed reminder could cause harm.
  • Not an emergency or monitoring service. Donna does not monitor health or safety and does not contact 911 or emergency services. Safety monitoring and emergency detection are not the purpose of the product. As a courtesy, if a conversation happens to include certain concerning statements, Donna may make a best-effort attempt to send you an alert suggesting you check in; we do not promise that any such alert will be sent, be accurate, or be timely, and you must not rely on Donna to detect, report, or respond to any emergency or any health or safety issue. Post-call summaries and alerts are informational, may be delayed, incomplete, or wrong, and are not a substitute for checking on the Call Recipient yourself.
  • Your judgment governs. You are responsible for the Call Recipient's care and for using your own judgment on anything urgent. If the Call Recipient may be in danger or needs medical attention, call 911 or your local emergency number.

4. Eligibility and Suitability

You must be at least 18 years of age and capable of forming a binding contract to use the Service. By subscribing, you represent and warrant that:

  1. You are at least 18 years of age
  2. You have the legal authority to agree to these Terms
  3. You have obtained appropriate consent from the Call Recipient (or their legal guardian or authorized representative) to receive AI-generated phone calls from Donna
  4. The Call Recipient is able to take part in and understand an ordinary phone conversation, understands (or has been clearly told) that Donna is an AI assistant and not a person, and is able to make their own decisions
  5. You are not relying on Donna for medical care, medication adherence, health or safety monitoring, or emergency response
  6. All information you provide is accurate, current, and complete
Who Donna is for: Donna is intended for older adults who can think and decide for themselves. It is not intended for, and must not be relied upon by, individuals with severe dementia, advanced Alzheimer's, or other significant cognitive impairment that prevents them from understanding that they are speaking with an AI assistant or from making their own decisions.

5. Account Registration and Security

To access the Service, you must create an account in the Donna mobile application and provide accurate information including your name and email address, along with payment details when you start a paid subscription. You are solely responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activity that occurs under your account
  • Notifying us immediately at support@calldonna.co if you suspect unauthorized access

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.

6. Consent for AI-Generated Calls (TCPA Compliance)

The Service uses artificial intelligence and automated telephone dialing technology to place calls to Call Recipients. Under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, prior express consent is required before placing automated calls to any telephone number.

By subscribing to Donna and providing a Call Recipient's phone number, you expressly represent and warrant that:

  1. You have obtained the Call Recipient's prior express consent (or the consent of their legal guardian or authorized representative) to receive AI-generated, automated telephone calls from Donna at the number provided
  2. You have informed the Call Recipient that the calls will be placed by an AI system, not a human
  3. You have the legal authority to provide this consent on behalf of the Call Recipient
  4. You will promptly notify Donna if the Call Recipient revokes their consent or requests that calls cease

On Donna's first call, Donna also identifies itself as an AI assistant and asks the Call Recipient directly for their okay to continue calling and to transcribe calls. This includes Subscribers who sign up for themselves, who give that okay directly on their own first call. If the Call Recipient declines, scheduled calls stop. You agree to indemnify and hold Donna harmless from any claims, damages, or penalties arising from your failure to obtain proper consent. Call Recipients (or their Subscriber) may request to stop receiving calls at any time by contacting support@calldonna.co or by managing settings in the app.

7. Subscription, Pricing, and Payment

7.1 Free Beta and Subscription Plans

Free beta: the Service is currently offered without charge to beta users, and no payment method is required during the beta. We will give active users at least 30 days' notice before any charge begins.

When paid subscriptions launch, the Service will be offered on a monthly subscription basis at the price displayed at the time of purchase (expected to be $19.00 per month), and the remainder of this Section 7 will apply. Prices are subject to change with at least 30 days' written notice to active Subscribers.

7.2 Billing

Subscription fees are billed in advance on a recurring monthly basis starting from the date of your initial subscription. Online payments are processed through our third-party payment processor (currently Stripe). You authorize us to charge the payment method on file for all applicable fees.

If you purchase or manage a subscription through a third-party app store or platform (for example, the Apple App Store or Google Play), that purchase is billed by, and subject to the billing, cancellation, and refund policies of, that store, in addition to these Terms. In that case, your payment method is managed by the store and not by us, and refunds or cancellations may need to be requested through the store.

7.3 Failed Payments

If a payment fails, we will attempt to process it again and notify you by email. If payment is not resolved within 7 days, we reserve the right to suspend the Service until the balance is settled.

7.4 Refunds

Subscription fees are generally non-refundable. However, if you purchased directly from us and are dissatisfied with the Service within the first 14 days of your initial subscription, you may request a full refund by contacting support@calldonna.co. Refund requests after this period will be considered on a case-by-case basis at our sole discretion. If you purchased through a third-party app store, refunds are handled by that store under its own policies.

8. Cancellation

You may cancel your subscription at any time through the app or by contacting support@calldonna.co. If you subscribed through a third-party app store, you must cancel through that store's subscription settings. Upon cancellation:

  • Your subscription will remain active through the end of the current billing period
  • No further charges will be incurred after the current period
  • All scheduled calls will cease at the end of the billing period

If you delete your account, your account data is deleted promptly in accordance with our Privacy Policy, except for limited records we are permitted or required to retain for legal, security, fraud-prevention, backup, or dispute-resolution purposes.

9. Acceptable Use

You agree not to use the Service to:

  • Provide false, misleading, or fraudulent information
  • Harass, abuse, or harm any person, including Call Recipients
  • Schedule calls to numbers you are not authorized to contact
  • Rely on the Service for medication adherence, medical care, health or safety monitoring, or emergency response
  • Set up the Service for any person who cannot understand that they are speaking with an AI assistant or cannot make their own decisions
  • Use the Service for any unlawful, deceptive, or malicious purpose
  • Attempt to reverse-engineer, decompile, or extract the source code of any part of the Service
  • Interfere with or disrupt the integrity or performance of the Service
  • Resell, sublicense, or redistribute access to the Service without our written consent

Violation of these provisions may result in immediate suspension or termination of your account without refund.

10. Intellectual Property

All content, software, technology, branding, trademarks, and materials associated with the Service (“Donna IP”) are owned by or licensed to Donna and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose during your active subscription.

You retain ownership of any personal content you submit (e.g., information about your loved one). By submitting such content, you grant us a limited license to use it solely for the purposes of operating, personalizing, and improving the Service, as described in our Privacy Policy.

11. Preview Phone Line

Donna offers a preview phone line that allows prospective users to experience a sample AI-generated call without creating an account. By calling the preview line, you acknowledge that:

  • The call is with an AI system, not a human
  • The experience is a limited preview and does not reflect the full personalized service available to Subscribers
  • The call is transcribed and analyzed to operate and improve Donna, as described in our Privacy Policy; it is not stored as an audio recording
  • If you do not create an account, we keep only a limited record of the call (your phone number, the transcript, and our analysis of it) for up to 90 days, as described in our Privacy Policy

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Donna does not warrant that:

  • The Service will be uninterrupted, error-free, or completely secure
  • AI-generated calls will be perfectly accurate, appropriate, or free from errors in every instance
  • Any call, reminder, wellness check, or safety alert will be delivered, delivered on time, acknowledged, or accurate
  • The Service will meet your specific requirements or expectations
  • Call quality or connectivity will be guaranteed, as these depend on third-party telecommunications infrastructure

You expressly acknowledge that the Service is not a medical, monitoring, or emergency service and must not be relied upon as one, as described in Section 3.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DONNA, ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO DONNA IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

14. Indemnification

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

  • Your use of the Service
  • Your breach of these Terms
  • Your failure to obtain proper consent from a Call Recipient
  • Your reliance on the Service for medical, medication, monitoring, or emergency purposes contrary to these Terms
  • Any content or information you provide through the Service
  • Any dispute between you and a Call Recipient regarding the Service

15. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including but not limited to cases of:

  • Violation of these Terms or our Acceptable Use policy
  • Non-payment of subscription fees
  • Conduct that we reasonably believe is harmful to other users, Call Recipients, or Donna
  • Requests from law enforcement or government agencies

Upon termination, your right to use the Service ceases immediately. Sections 3, 10, 12, 13, 14, 16, and 17 shall survive termination.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

16.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at support@calldonna.co and attempt to resolve the dispute informally for at least 30 days.

16.2 Binding Arbitration

If informal resolution fails, 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 Consumer Arbitration Rules. The arbitration shall be conducted in the State of Delaware, or another location required by the AAA Consumer Arbitration Rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU AND DONNA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Donna regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of our right to enforce it in the future.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17.5 Force Majeure

Donna shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, telecommunications failures, government actions, or third-party service outages.

17.6 App Store Terms

If you download the Donna application from a third-party app store, your use is also subject to that store's usage rules. If you obtained the application from the Apple App Store, you acknowledge that these Terms are between you and Call Donna, Inc. only, and not with Apple, and that Apple is not responsible for the application or its content. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Maintenance, support, warranty, product claims, and intellectual property compliance for the application are our responsibility, not Apple's, to the extent required by applicable law.

18. Contact Us

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

Call Donna, Inc. (d/b/a Donna)
Email: support@calldonna.co
Website: calldonna.co