These Terms of Service ("Terms") are a binding agreement between you ("Customer," "you") and [LEGAL ENTITY NAME] ("NexCall," "we"). By creating an account or using the Service, you agree to these Terms, the Privacy Policy, and the Acceptable Use Policy ("AUP"). If you do not agree, do not use the Service.
NexCall provides an AI phone-receptionist that answers and places calls, books appointments, takes messages, and sends summaries on your behalf, subject to your configuration and plan limits. We may change, add, or remove features over time.
You must be at least 18 and able to form a binding contract, and you must use the Service for business purposes. You are responsible for your account credentials, for all activity under your account, and for keeping your contact and configuration details accurate. Enable two-factor authentication for stronger protection.
Because the Service places and records phone calls, you are solely responsible for using it lawfully. You represent and warrant that, for every number you or your assistant calls or texts, and every call you record, you have all legally required consents and that your use complies with all applicable laws, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, state calling and recording (one-/two-party consent) laws, robocall and AI-voice disclosure laws, and Do-Not-Call requirements. The AUP is part of these Terms. Violating it is a material breach and we may suspend or terminate you immediately.
You will not use the Service to break the law, harass, defraud, or harm others; to make unlawful marketing, spam, or robocalls; to impersonate a person or agency in a deceptive way; to reverse engineer or overload the Service; or to violate the AUP. We may throttle, suspend, or terminate accounts that do.
You retain ownership of your data (contacts, recordings, messages, configuration). You grant us a limited license to process it to provide the Service. For data about your callers, you are the controller/business and we act as your processor/service provider under the Privacy Policy and our Data Processing Addendum (available on request). You are responsible for the accuracy and lawfulness of the data you provide.
The Service uses automated AI that can be wrong, incomplete, or unexpected. It is not professional advice. You are responsible for reviewing outputs (summaries, bookings, quotes, emails) before relying on them. Do not use the Service for emergencies or for calls where an error could cause injury, or in a manner requiring a licensed professional the AI is not.
The Service integrates vendors (Vapi, Anthropic, ElevenLabs, Deepgram, Stripe, Google, Supabase, and others). Your use of those integrations may be subject to their terms. We are not responsible for third-party services.
NexCall and its software, branding, and content are owned by [LEGAL ENTITY NAME] and protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service per these Terms. You may not copy, resell, or create derivative works except as permitted.
You may stop using the Service and cancel anytime. We may suspend or terminate access if you breach these Terms or the AUP, fail to pay, or create legal/security risk. On termination, your right to use the Service ends; we may delete your data after a reasonable period, subject to legal retention.
The service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, uptime, or that the service will be error-free or uninterrupted, to the fullest extent permitted by law.
To the fullest extent permitted by law, NexCall and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. Our total liability for any claim arising out of or relating to the service will not exceed the amount you paid us in the 12 months before the event giving rise to the claim (or [USD 100] if you paid nothing).
You will defend and indemnify NexCall from claims, damages, and costs (including reasonable legal fees) arising from your use of the Service, your data, or your breach of these Terms or the AUP — including any claim that a call you made or recorded through the Service violated the TCPA or a recording-consent law.
These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-laws rules. [Choose one and delete the other: (a) Any dispute will be resolved by binding arbitration on an individual basis, and you and NexCall waive class actions and jury trials; OR (b) disputes will be resolved in the state or federal courts located in [COUNTY, STATE].] Have a lawyer finalize this section — arbitration and class-waiver clauses have strict enforceability rules.
We may update these Terms. Material changes will be posted here with a new date and, where required, notified to you. Continued use after changes means you accept them.
[LEGAL ENTITY NAME] · [email protected] · [MAILING ADDRESS]