Terms of Service

2.1 AI Voice Assistant

Our Service provides an AI-powered receptionist and voice assistant capable of handling inbound and outbound calls. The Service utilizes artificial intelligence to interact with callers, transcribe conversations, and perform actions based on your configuration.

2.2 Call Recording and Transcripts

The Service may record and transcribe calls for the purpose of providing the Service. You are solely responsible for compliance with all applicable laws regarding call recording and wiretapping,including obtaining any necessary consents from callers (e.g., "This call may be recorded for quality assurance").

2.3 AI Limitations

You acknowledge that the Service uses artificial intelligence and may occasionally generate incorrect or misleading information ("hallucinations"). We do not guarantee the accuracy, completeness, or reliability of any AI-generated content. You should independently verify any critical information obtained through the Service.

2.4 Third-Party Services

The Service depends on third-party providers for telephony, payment processing, cloud hosting, and AI model inference, including but not limited to Twilio, Vapi, Stripe, and Google Cloud. Outages, changes, or discontinuation of these third-party services are outside our control, and we are not liable for any resulting interruption, degradation, or modification of the Service. Your use of third-party services accessed through the Service may be subject to those providers' own terms.

2.5 Service Level

We will provide the Service using a commercially reasonable level of skill and care. We may enhance, replace, or change features of the Service, but we will not materially reduce the core functionality or security of the Service during your paid term without reasonable notice.

2.6 SMS and Messaging Features

The Service may enable SMS or MMS communications between a business and its customers, callers, or other end users. These communications may include appointment confirmations and reminders, booking links, payment checkout links, missed-call follow-ups, service request updates, and customer care communications.

3.1 Acceptable Use Policy

You agree not to use the Service, and not to permit any third party to use the Service, to:

• Send unsolicited calls, SMS messages, or communications in violation of the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or similar laws in any jurisdiction;
• Engage in robocalling, autodialing, or mass outbound calling without proper prior express written consent from recipients;
• Commit toll fraud, traffic pumping, or any scheme to artificially inflate telephony usage;
• Impersonate any person or entity, spoof caller ID in a deceptive manner, or misrepresent your affiliation with any entity;
• Harass, threaten, defraud, or engage in abusive communications with any party;
• Transmit content that is illegal, defamatory, obscene, or infringes third-party rights;
• Distribute malware, attempt to gain unauthorized access to any system, or interfere with the operation of the Service;
• Use the Service in any manner that violates applicable law or the rights of any third party.

We may suspend or terminate the Service immediately and without prior notice if we reasonably suspect fraudulent activity, a material breach of this Acceptable Use Policy, or activity that could interfere with the operation of the Service or our infrastructure.

3.2 Emergency Services Disclaimer

The Service is not a replacement for traditional telephone service and does not support 911, 112, or other emergency calling services. The Service is an AI voice assistant intended for business reception and routing and should not be relied upon to contact emergency responders or to handle emergency situations. You are responsible for maintaining an alternative means to access emergency services and for informing your callers and end users of this limitation.

3.3 Phone Numbers and Numbering Policy

Phone numbers provisioned to your account through the Service are assigned for use with the Service. We may reclaim, reassign, or change any number in response to regulatory requirements, abuse, non-payment, or termination of your account. Subject to applicable number portability laws, you may request to port an assigned number upon termination, provided your account is in good standing and all charges are paid.

3.4 Security and Platform Integrity

To prevent fraud and maintain the integrity of our Service, we implement automated security measures. Attempts to circumvent access controls or create fraudulent accounts may result in immediate suspension. We reserve the right to use technical identifiers (such as hashed IP and browser fingerprints) to block malicious actors and protect our infrastructure.

3.5 SMS Consent and Messaging Compliance

If you use the Service to send SMS or MMS messages, you are responsible for obtaining and maintaining all legally required consents from message recipients before messages are sent, including consent for appointment, booking, payment, missed-call, and customer care messages. You must honor opt-out requests, maintain accurate opt-in records, and ensure that any website forms, checkout flows, booking forms, or verbal consent scripts you use accurately describe the messages recipients will receive.

You may not use the Service to send messages to purchased, rented, scraped, or otherwise non-consented contact lists. You are responsible for ensuring that your messaging practices comply with applicable telecommunications laws, carrier rules, and industry guidelines.

4.1 Fees and Charges

You agree to pay all fees associated with your subscription plan. Fees may include fixed recurring charges (billed monthly or annually in advance) and usage-based charges (such as telephony minutes, SMS, or other metered consumption) billed in arrears. Currently effective rates are displayed on our website or in your account dashboard. All fees are stated in US dollars unless otherwise specified.

4.2 Automatic Renewal

Unless you cancel before the end of your current billing period, your subscription will automatically renew for a successive period of the same length (monthly or annual) at the then-current rate. You may cancel at any time through your account dashboard; cancellation takes effect at the end of your current paid period.

4.3 Payment Method and Authorization

By providing a valid payment method, you authorize us to charge that method for all fees, including recurring charges, usage-based overages, and any applicable taxes. If a charge is declined or fails, we may retry the charge and may suspend the Service until payment is received. You are responsible for any chargeback or similar fees resulting from disputed or refused payments.

4.4 Taxes

All fees are exclusive of taxes, levies, duties, and similar governmental assessments, including value-added, sales, use, or withholding taxes (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases, other than taxes based on our net income. If we are required to collect or pay Taxes on your behalf, we will charge those Taxes to your payment method.

4.5 Price Changes

We may change the fees for the Service. Changes to recurring fees will be effective no earlier than 30 days after we notify you (by email or through the account dashboard), and will apply starting with your next renewal period. Usage-based rates may change at any time; the rate in effect at the time of use applies.

4.6 Late Payment

Amounts not paid when due may accrue a late fee equal to the lesser of 1.5% per month or the maximum rate permitted by applicable law. We may suspend or terminate the Service for non-payment after 30 days past due.

4.7 Billing Disputes

If you believe in good faith that a charge is incorrect, you must notify us within 30 days of the invoice or charge date, identifying the reason and amount disputed. Undisputed amounts remain due. We will work with you to resolve any disputed amount promptly.

4.8 Refunds

Except where required by law or expressly stated in these Terms, fees are non-refundable. If you terminate for our uncured material breach, we will provide a pro-rata refund of prepaid, unused fees for the terminated portion of the Service.

5.1 Term

These Terms begin when you first accept them or first use the Service, and continue until your account is terminated.

5.2 Termination by You

You may terminate your account and cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of your then-current paid period. You remain responsible for all charges incurred before termination.

5.3 Termination for Cause

Either party may terminate these Terms (and any active subscription) for cause if the other party materially breaches these Terms and fails to cure the breach within 30 days after receiving written notice of the breach. We may terminate or suspend your access immediately and without notice for breach of the Acceptable Use Policy, fraudulent activity, non-payment past 30 days, or if required by law or regulation.

5.4 Effect of Termination

Upon termination, your right to access and use the Service ends immediately. We may delete your account data after a reasonable period following termination; you are responsible for exporting any data you wish to retain before termination takes effect. Sections of these Terms that by their nature should survive termination will survive, including Sections on fees owed, intellectual property, disclaimers, indemnification, limitation of liability, and dispute resolution.

13.1 Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Informal Resolution

Before filing any legal action, the parties agree to attempt in good faith to resolve any dispute informally by contacting the other party in writing and allowing 30 days to resolve the matter.

13.3 Venue

Any dispute not resolved informally must be brought exclusively in the state or federal courts located in the Commonwealth of Massachusetts, United States, and each party consents to personal jurisdiction and venue in those courts and waives any objection based on inconvenient forum.

13.4 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE MUST BE BROUGHT ON AN INDIVIDUAL BASIS. THE PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13.5 Time to Sue

Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the cause of action accrues, or it is permanently barred, except where a longer period is required by applicable law.

13.6 Equitable Relief

Nothing in this Section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any order or subscription confirmation, constitute the entire agreement between you and TOL LLC regarding the Service and supersede any prior agreements.

14.2 Changes to Terms

We may update these Terms from time to time. Material changes will be communicated by email or through the Service. Changes take effect 30 days after notice, except that changes required by law may be effective immediately. Continued use of the Service after the effective date constitutes acceptance.

14.3 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without consent to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. Any unauthorized assignment is void.

14.4 Severability and Waiver

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary, or severed, and the remaining provisions will remain in full force. A party's failure to enforce any right is not a waiver.

14.5 Independent Contractors

The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.

14.6 Export and Sanctions

You agree to comply with all applicable export control and economic sanctions laws. You represent that you are not located in, or a national or resident of, any country subject to a U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties.

14.7 Notices

We may provide notices by email to the address associated with your account or by posting in the Service. You may contact us through the support channels listed below. Electronic notices have the same legal effect as paper notices.

14.8 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.