Terms of Service for Answering Agent Inc.

Effective Date: July 4, 2025
Last Updated: July 4, 2025

This Agreement constitutes a legally binding contract between you ("Customer") and Answering Agent, Inc. ("Service Provider," "we," "us," or "our") for AI-powered phone answering services and related products ("Services"). By using our Services, you agree to these terms.

1. Service Description

Core Services

  • AI-powered phone answering services
  • Call processing and customer inquiry handling
  • Voice synthesis and natural language processing
  • Call recording and transcript storage
  • Communication workflow management

IMPORTANT: You are interacting with an AI system, not a human operator.

AI Service Disclosure

  • All calls are answered by artificial intelligence technology
  • AI responses may contain errors or inaccuracies
  • Businesses are responsible for AI configuration and responses
  • Your voice data is NOT used to train AI models

2. Acceptable Use - Voice AI

You may NOT use our service to:

  • Impersonate specific individuals without consent
  • Create deceptive or fraudulent interactions
  • Bypass laws requiring human interaction
  • Handle emergency services (911, etc.)
  • Process calls requiring licensed professionals where AI is prohibited

Caller Notification Requirements

As a customer, you MUST:

  • • Clearly disclose to callers they are interacting with AI
  • • Inform callers that conversations are being recorded
  • • Update your privacy policy to reflect AI use and data sharing
  • • Comply with all recording consent laws in your jurisdiction

3. SMS Services

Program Description

Answering Agent, Inc. SMS Service provides automated text message notifications related to your phone answering service, including call alerts, service updates, appointment confirmations, and system status notifications.

Opt-Out Instructions

Easy Opt-Out Process

You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

Customer Support

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at legal@answeringagent.com.

Carrier Liability

Carriers are not liable for delayed or undelivered messages.

Message and Data Rates

As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages as needed based on your service activity and preferences. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Privacy Policy

If you have any questions regarding privacy, please read our privacy policy.

4. Payment Terms

Fees

  • Setup fee required for account activation
  • Monthly base fee for selected service plan
  • Additional charges for usage beyond plan limits
  • All payments in US Dollars
  • Interest on late payments at 18% per annum

Billing

  • Automatic billing on monthly cycle date
  • No prorated refunds for partial months
  • $25 fee for failed payments or chargebacks

5. Data Handling

Data Collection

  • Phone numbers
  • Call recordings and transcripts
  • Timestamps and usage data
  • Customer interaction records

Call Recording

  • All calls are recorded for quality assurance and training purposes
  • By continuing the call after the recording disclosure, you consent to being recorded
  • If you do not consent to recording, you must end the call immediately
  • We cannot selectively stop recording individual calls
  • Recordings are subject to our data retention and security policies
  • Recordings may be used for service improvement and training purposes

Data Retention

  • Standard retention: 2 years for calls and transcripts
  • Enterprise: Configurable retention including zero retention
  • You are responsible for compliance with data retention laws
  • Secure encryption of all stored data

Zero Data Training Commitment

Your call data is NOT used to train AI models. All AI providers guarantee zero data training on customer content.

6. Compliance Responsibilities

Your Obligations

  • Obtain necessary consents from callers
  • Comply with recording laws in your jurisdiction (including two-party consent states)
  • Post appropriate privacy notices
  • Handle data subject requests from your callers
  • Monitor and configure the AI appropriately for your business

Industry-Specific Compliance

Healthcare: HIPAA compliance requires Enterprise tier + BAA

Financial Services: Ensure compliance with regulatory requirements

Legal Services: Verify AI use is permitted in your jurisdiction

7. Service Limitations

Restrictions

  • No emergency services (911 calls)
  • No unlawful or harassing use
  • Geographic service limitations may apply
  • Service modifications at provider discretion

Availability

  • No guarantee of uninterrupted service
  • Maintenance windows as needed
  • Right to refuse service

8. Intellectual Property

Ownership

  • All technology and systems owned by provider
  • AI models and improvements remain provider property
  • Limited license granted for service use

Restrictions

  • No unauthorized copying or distribution
  • No reverse engineering
  • No competitive use

9. Liability and Indemnification

Limitation

  • Service provided "as is"
  • No warranty of accuracy or availability
  • Maximum liability limited to one month's fees
  • No consequential damages

Indemnification

  • Customer indemnifies provider against claims
  • You are responsible for the AI's interactions with your callers
  • You indemnify us against claims arising from your use of the service
  • Legal fees included in indemnification

AI Responsibility: You acknowledge that AI responses may contain errors or inaccuracies. You must monitor and configure the AI appropriately and are responsible for all AI interactions with your callers.

10. Term and Termination

Duration

  • Month-to-month service term
  • Automatic renewal unless cancelled
  • 30-day notice for cancellation

Termination

  • Immediate for breach or non-payment
  • Provider may terminate without cause
  • Final payment required for accrued charges

11. Service Level Agreement

Enterprise Customers Only

  • Uptime commitment: 99.9%
  • Support response times as per your plan
  • Scheduled maintenance windows
  • Service credits for downtime exceeding SLA

Standard plans do not include SLA guarantees. Contact sales for Enterprise pricing.

12. Data Processing Terms

Subprocessors

We use the following categories of subprocessors:

  • Telephony infrastructure providers for call routing
  • AI voice processing providers for natural conversations
  • Natural language processing providers for transcript analysis
  • Cloud infrastructure providers for secure hosting

International Data Transfers

Your data may be processed in multiple countries. We ensure appropriate safeguards through standard contractual clauses, encryption, and strict access controls.

13. Modifications

  • Right to modify terms with notice
  • Continued use implies acceptance
  • 15-day objection period

14. Governing Law

Governing Law

  • Laws of [Your State] apply
  • Exclusive jurisdiction in [Your State] courts

Dispute Resolution

Any disputes will be resolved through:

  1. Good faith negotiation
  2. Mediation if necessary
  3. Binding arbitration as a last resort

Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class actions.

15. Additional Legal Terms

Force Majeure

Neither party shall be liable for delays or failures due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Assignment

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

Entire Agreement

These Terms, together with our Privacy Policy and any applicable Order Forms or Addenda, constitute the entire agreement between you and Answering Agent, Inc. regarding the use of our Services.

Contact Information

Answering Agent, Inc.
Email: legal@answeringagent.com