Terms of Service

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1. Acceptance of Terms

By accessing or using ProCall Assist's website, services, or applications ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Services.

These Terms constitute a legally binding agreement between you and ProCall Assist ("Company," "we," "us," or "our"). By continuing to use our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Description of Services

ProCall Assist provides AI-powered receptionist services for businesses, including but not limited to:

• 24/7 automated call answering and routing
• Appointment scheduling and calendar management
• Emergency call detection and prioritization
• Lead qualification and customer data collection
• SMS messaging and follow-up communications
• Call recording, transcription, and analytics
• Integration with business systems and workflows

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with or without notice.

3. Eligibility and Account Registration

Eligibility Requirements

To use our Services, you must:

• Be at least 18 years old
• Have the legal authority to enter into binding agreements
• Operate a legitimate business or organization
• Provide accurate and complete information during registration
• Comply with all applicable laws and regulations

Account Registration

You must create an account to use our Services. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and up-to-date account information

4. Fees and Payment

Service Fees

You agree to pay all fees associated with your selected service plan. Current pricing is available on our website and may be subject to change with notice.

Payment Terms

• Fees are billed monthly in advance
• Payment is due upon receipt of invoice
• Late payments may result in service suspension
• All fees are non-refundable except as required by law
• You authorize us to charge your provided payment method

Price Changes

We may change our pricing with 30 days' written notice. Continued use of our Services after the effective date constitutes acceptance of the new pricing.

5. Service Availability

While we strive to provide reliable 24/7 service, we do not guarantee uninterrupted availability. Service may be temporarily unavailable due to:

• Scheduled maintenance
• System updates or upgrades
• Network or infrastructure issues
• Force majeure events
• Third-party service dependencies

6. User Responsibilities

As a user of our Services, you agree to:

• Use the Services only for lawful business purposes
• Provide accurate information about your business and services
• Maintain appropriate emergency protocols independent of our Services
• Comply with all applicable laws, including recording consent laws
• Protect your account credentials and notify us of any security breaches
• Pay all fees and charges in a timely manner
• Provide feedback and report any service issues promptly

7. Prohibited Uses

You may not use our Services for:

• Illegal activities or purposes
• Harassment, abuse, or threatening behavior
• Spam, unsolicited marketing, or fraudulent activities
• Adult entertainment or inappropriate content
• Competing services or reverse engineering
• Violation of third-party rights
• Transmission of malware or harmful code
• Circumventing security measures

8. Intellectual Property

Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, software, and AI models, are owned by ProCall Assist and protected by intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable license to use our Services for your business purposes in accordance with these Terms.

Your Content

You retain ownership of any content you provide to us, but grant us a license to use, process, and store such content to provide our Services.

9. Call Recording and Data

Recording Consent

You are responsible for ensuring compliance with all applicable call recording laws and obtaining necessary consent from callers. We provide tools to assist with compliance, but you remain solely responsible for legal compliance.

Data Processing

We process call data to provide our Services, including:

• Transcribing and analyzing calls
• Training and improving our AI models
• Providing reporting and analytics
• Ensuring service quality and performance

10. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE ARE NOT LIABLE FOR MISSED CALLS, LOST BUSINESS, OR COMMUNICATION FAILURES
• YOU ACKNOWLEDGE THAT AI SERVICES MAY HAVE LIMITATIONS AND ERRORS

12. Disclaimers and Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
• ACCURACY, COMPLETENESS, OR RELIABILITY OF AI RESPONSES
• UNINTERRUPTED OR ERROR-FREE OPERATION
• SECURITY OR CONFIDENTIALITY OF TRANSMISSIONS

13. Indemnification

You agree to indemnify, defend, and hold harmless ProCall Assist from any claims, damages, losses, or expenses arising from:

• Your use of our Services
• Violation of these Terms
• Violation of applicable laws or regulations
• Infringement of third-party rights
• Your business operations or customer interactions

14. Termination

Termination by You

You may terminate your account at any time by contacting us or using account settings. Termination does not relieve you of payment obligations for services already provided.

Termination by Us

We may terminate or suspend your account immediately for:

• Violation of these Terms
• Non-payment of fees
• Illegal or harmful activities
• Risk to our Services or other users

Effect of Termination

Upon termination:

• Your access to Services will cease
• We may delete your account data after a reasonable period
• Outstanding fees remain due and payable
• Certain provisions of these Terms survive termination

15. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms on our website
• Sending email notifications to registered users
• Providing in-app notifications

Continued use of our Services after the effective date constitutes acceptance of the modified Terms.

16. Governing Law and Disputes

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms or our Services shall be resolved through:

1. Good faith negotiations
2. Binding arbitration if negotiations fail
3. Arbitration conducted under American Arbitration Association rules
4. Individual arbitration only (no class actions)

Jurisdiction

Any court proceedings shall be conducted in the state and federal courts of California.