Terms of Service for Answering Agent Inc.
Last Updated: August 28, 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.
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
Services provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
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
You waive any right to participate in class action lawsuits or class-wide arbitration.
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
Legal Contact
Email: legal@answeringagent.com
Phone: 1-800-ANSWER-AI
Address:
Answering Agent Inc.
123 Tech Street
San Francisco, CA 94107
14. Acknowledgment
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.