Terms of Service for Answering Agent Inc.

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

Service Features

• 24/7 availability for call handling
• Real-time AI voice synthesis
• Customizable call flows and responses
• Integration with business tools and APIs
• Detailed analytics and reporting

2. Service Terms and Obligations

Customer Responsibilities

• Compliance: Ensure compliance with all applicable laws
• Recording Consent: Obtain necessary consent for call recordings
• Accurate Information: Provide accurate business information
• Account Security: Maintain confidentiality of account credentials
• Appropriate Use: Use services for lawful business purposes only

Service Availability

• Target uptime of 99.9% (excluding scheduled maintenance)
• Scheduled maintenance windows with advance notice
• Emergency maintenance may occur without notice
• No guarantee of uninterrupted service

3. Payment Terms

Pricing Structure

• Subscription Fees: Monthly or annual basis as selected
• Usage Fees: Per-minute charges for call handling
• Additional Features: Priced separately as indicated
• Taxes: Customer responsible for applicable taxes

Billing and Payment

• Automatic billing on renewal date
• Payment due within 30 days of invoice
• Late payments subject to 1.5% monthly interest
• Service suspension for accounts 60+ days overdue

4. Data Rights and Privacy

Data Ownership

• Customer retains ownership of their data
• Service Provider has license to use data for service provision
• Aggregated, anonymized data may be used for improvements
• No sale of customer data to third parties

Data Security

• Industry-standard encryption for data in transit and at rest
• Regular security audits and assessments
• Incident response procedures in place
• Compliance with applicable data protection laws

5. Acceptable Use Policy

Prohibited Uses

The Service may not be used for:

• Illegal activities or fraudulent purposes
• Harassment, threats, or abuse
• Spamming or unsolicited communications
• Impersonation or misrepresentation
• Violation of third-party rights
• Distribution of malware or harmful content

Enforcement

Violations may result in:

• Warning or notification
• Temporary suspension of service
• Permanent termination of account
• Legal action if warranted

6. Intellectual Property

Service Provider IP

• All Service IP remains property of Service Provider
• Customer receives limited license to use during term
• No rights to modify or create derivative works
• Trademarks and logos remain exclusive property

Customer IP

• Customer retains all rights to their content
• Grant of license necessary for service operation
• Responsible for not infringing third-party rights

7. Warranties and Disclaimers

Limited Warranty

Service Provider warrants that:

• Services will perform materially as described
• Reasonable skill and care will be used
• Services will comply with applicable laws

Disclaimers

8. Limitation of Liability

Liability Cap

Maximum liability limited to the greater of:

• Total fees paid in the 12 months preceding the claim
• $1,000 USD

Exclusions

No liability for:

• Indirect, incidental, or consequential damages
• Lost profits or business opportunities
• Data loss or corruption (except as required by law)
• Third-party actions or content

9. Indemnification

Customer agrees to indemnify and hold harmless Service Provider from:

• Violations of these Terms
• Violations of applicable laws or regulations
• Infringement of third-party rights
• Customer's use of the Services
• Content provided by Customer

10. Term and Termination

Term

• Agreement effective upon account creation
• Continues until terminated by either party
• Subscription periods as selected by Customer

Termination

• By Customer: 30 days written notice
• By Service Provider: 30 days notice or immediately for cause
• For Cause: Material breach not cured within 10 days

Effect of Termination

• Access to Services ceases immediately
• Data available for export for 30 days
• No refund of prepaid fees (except as required by law)
• Survival of applicable provisions

11. Dispute Resolution

Informal Resolution

Parties agree to attempt informal resolution before formal proceedings.

Arbitration Agreement

• Binding arbitration for all disputes
• JAMS arbitration rules apply
• Location: San Francisco, California
• Each party bears own costs

Class Action Waiver

12. General Provisions

Governing Law

This Agreement is governed by the laws of California, USA, without regard to conflict of law principles.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.

Modifications

• Service Provider may modify terms with 30 days notice
• Continued use constitutes acceptance of modifications
• Material adverse changes allow termination without penalty

Assignment

• Customer may not assign without written consent
• Service Provider may assign to affiliates or successors

Severability

If any provision is found unenforceable, the remainder continues in effect.

Force Majeure

Neither party liable for delays due to circumstances beyond reasonable control.

13. Contact Information

14. Acknowledgment