WOODPEKER / CHAARM TERMS & CONDITIONS

Last Updated: November 29, 2025

1. Introduction

These Terms & Conditions (“Terms”) govern the use of the Woodpeker and Chaarm Technologies platforms (“Platform”), including all automation tools, data services, communication workflows, AI-assisted messaging, and any related features (“Services”).

By subscribing, accessing, or using the Platform, the client (“Client”) agrees to be bound by these Terms.

If Client does not agree, they must discontinue use of the Platform immediately.

2. Definitions

“Platform”
Refers to Woodpeker / Chaarm’s software, systems, tools, AI workflows, voicemail/SMS automation, data acquisition integrations, and accompanying services.

“Client Data”
Any data uploaded, imported, purchased, or provided by Client, including phone numbers, homeowner records, ZIP-code–based targeting, leads, consent records, or contact lists.

“Compiled Homeowner Data”
Commercially aggregated consumer information obtained from public records, real estate filings, property datasets, and other lawful sources. This data does not include opt-in consent unless expressly stated.

“Consumer Consent”
Any legally required permission, authorization, or opt-in obtained directly by Client from a consumer, as required under applicable federal, state, or local laws (including TCPA, FCC rules, and state telemarketing laws such as Wisconsin ATCP 127).

“Calling Party”
The business whose identity appears in caller ID or messaging and who determines the purpose, audience, and content of outreach. Under these Terms, Client—not Woodpeker or Chaarm—is always the Calling Party.

3. Scope of Services

The Platform provides:

AI-assisted messaging

automated voicemail drops (optional)

SMS outreach workflows

technical execution of client-approved campaigns

communication sequence automation

data sourcing services (when requested)

DNC scrubbing tools

opt-out support

message routing

A2P 10DLC carrier registration

The Platform does not:

act as a telemarketing agency

provide consent for contacts

certify compliance

decide who to contact

determine campaign intent

make live calls

act as caller of record

function as the “seller” or “solicitor” under telemarketing law

Client maintains full control over:

who is contacted

why they are contacted

what is sent

when outreach occurs

which recipients are included

campaign approval and launch

4. Client Responsibilities 

Client agrees and acknowledges that:

4.1 Client is the Caller of Record

For all calls, voicemails, texts, or messages sent through the Platform, Client is the Calling Party, and all legal obligations fall on Client—not on Woodpeker/Chaarm.

4.2 Compliance With Federal & State Laws

Client is solely responsible for complying with all applicable laws, including:

TCPA

Federal Communications Commission (FCC) rules

CAN-SPAM

Do-Not-Call Registry rules

State telemarketing laws (e.g., Wisconsin ATCP 127)

Any local municipal solicitation laws

A2P 10DLC carrier compliance

4.3 Consent Obligation

Client represents and warrants that:

they have obtained any required consent, including express or written consent when applicable;

they will maintain verifiable records of such consent;

Woodpeker/Chaarm is not responsible for securing, verifying, or storing consumer consent.

4.4 Accuracy & Legality of Client Data

Client is solely responsible for ensuring that:

all Client Data is lawfully obtained;

no uploaded contact violates any law;

no prohibited number (e.g., emergency lines) is included;

the use of compiled data complies with all laws.

4.5 Do-Not-Call (DNC) Compliance

Client agrees to:

ensure numbers are checked against the National and State DNC registries;

re-scrub data every 31 days (or as legally required);

maintain an internal DNC list;

honor all DNC requests immediately.

4.6 Use of Automation Tools

Client acknowledges:

workflows may execute automatically after client approval;

automated voicemail or SMS follow-ups are part of the workflow;

such automation does not change Client’s status as the Calling Party.

5. Data Acquisition Services

If Client requests data from Woodpeker/Chaarm:

all data provided is commercially compiled homeowner information;

such data does not include opt-in consent unless explicitly stated;

Client is responsible for verifying if such consumers can be contacted.

Woodpeker/Chaarm does NOT:

guarantee data completeness, accuracy, or legal suitability;

warrant that data includes opt-in consent;

certify numbers are safe to contact.

6. No Legal Advice

The Platform does not provide:

legal advice,

compliance determinations,

representations regarding legality of outreach.

7. Platform Limitations

Woodpeker/Chaarm does not:

guarantee delivery of messages

guarantee carrier approval

guarantee outreach outcomes

guarantee data accuracy

guarantee message receipt

verify the legality of any communication Client chooses to send

8. Record-Keeping Requirements

Client agrees to maintain:

consent logs

DNC scrub logs

opt-out logs

campaign configuration history

message logs

timestamps

any regulator-required records

for at least 5 years (or applicable statutory period).

Woodpeker/Chaarm has no obligation to store or supply such records unless separately agreed in writing.

9. Indemnification (Strong Legal Shield)

Client agrees to defend, indemnify, and hold harmless Woodpeker/Chaarm and its officers, employees, contractors, and affiliates against any:

claims,

regulatory actions,

fines,

penalties,

damages,

losses, or

attorney fees

arising from:

Client’s use of the Platform,

Client’s violation of any law,

Client’s failure to obtain required consent,

Client’s failure to honor DNC laws,

Client’s outreach content,

Client Data inaccuracies,

any claim alleging TCPA violations.

10. Limitation of Liability

To the fullest extent permitted by law:

Woodpeker/Chaarm shall NOT be liable for any indirect, incidental, special, punitive, or consequential damages.

Woodpeker/Chaarm shall NOT be liable for any regulatory fines or penalties incurred by Client.

Woodpeker/Chaarm’s total liability is limited to the amounts paid by Client in the preceding 3 months.

11. Termination

Woodpeker/Chaarm may suspend or terminate access immediately for:

unlawful use,

suspicious activity,

abuse of the Platform,

repeated DNC violations,

threats of regulatory liability,

breach of these Terms.

12. Governing Law

These Terms are governed by the laws of:

State of Colorado

We may update these Terms at any time. Revisions take effect upon posting. Continued use of the Platform constitutes acceptance of the updated Terms.