Terms of Service - Legal Terms & Conditions | AIEmply
Terms of Service
Please read these terms carefully before using our AI receptionist service. By using our Service, you agree to be bound by these terms.
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and AIEmply ("we," "our," or "us") governing your access to and use of our AI receptionist service, including our website, mobile applications, and related services (collectively, the "Service").
By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. We are based in the United States and these Terms are governed by United States law.
2. Description of Service
AIEmply provides an AI-powered receptionist service that answers calls and chats 24/7, qualifies leads, schedules appointments, updates CRM systems, and handles customer inquiries automatically. Our Service uses third-party providers including:
- Retell AI / Vapi: Voice orchestration and call handling
- Twilio / Telnyx: Telephony services for voice calls and SMS
- OpenAI / Anthropic: Large language models that power our AI voice agents
- Lemon Squeezy: Payment processing
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.
3. Account Registration and Eligibility
Eligibility: Our Service is available to users of all ages. There is no age restriction requiring users to be 18 or older. However, if you are under 18, you represent that you have obtained parental or guardian consent to use the Service.
Account Creation: To use our Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Account Security: You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.
4. Payment Terms and Billing
4.1 Subscription Plans
We offer monthly and yearly subscription plans. Pricing is based on usage (calls and chats handled) and may vary depending on your selected plan. All prices are in USD unless otherwise stated.
4.2 Payment Processing
Payments are processed securely through Lemon Squeezy, our third-party payment processor. By providing payment information, you authorize us to charge your payment method for all fees associated with your subscription.
4.3 Billing Cycle
Subscriptions are billed in advance on a monthly or yearly basis, depending on your selected plan. Your subscription will automatically renew at the end of each billing cycle unless you cancel it.
4.4 Refund Policy
Refund Policy:
- No refunds on used minutes: We do not provide refunds for telephony usage (minutes) that have already been consumed.
- 14-day refund on unused subscriptions:If you cancel your subscription within 14 days of purchase and have not used the Service, you may be eligible for a full refund. Contact us at support@aiemply.com to request a refund.
- Refund Processing: Refunds, if approved, will be processed to your original payment method within 5-10 business days.
5. Cancellation and Termination
5.1 Cancellation by You
You may cancel your subscription at any time through your account settings or by contacting us at support@aiemply.com. Cancellation will take effect at the end of your current billing cycle. You will continue to have access to the Service until the end of the billing period for which you have already paid.
5.2 Termination by Us
We reserve the right to suspend or terminate your account and access to the Service immediately, without prior notice, if you violate these Terms, engage in prohibited activities, or for any other reason we deem necessary to protect our Service, other users, or third parties.
5.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. We may delete your account data and information in accordance with our Privacy Policy. You are responsible for backing up any data you wish to retain before termination.
6. Phone Numbers
Phone numbers provisioned through AIEmply are leased from third-party carriers (Twilio or Telnyx). If you are assigned a phone number as part of our Service, you may request to port (transfer) that phone number to another service provider when you cancel or terminate your account. We will work with you to port these numbers out to another carrier, subject to carrier eligibility and a processing fee. Phone number portability is subject to applicable telecommunications regulations and may require additional verification.
7. User Responsibilities & Prohibited Use
You agree NOT to use the Service for:
- Harassment, prank calling, or abusive behavior: Using the Service to harass, threaten, intimidate, or make prank calls to any individual or organization. This includes any form of unwanted, abusive, or malicious communication.
- Illegal activities, scams, or fraud: Using the Service for any illegal purpose, scams, fraud, or in violation of any applicable laws, regulations, or ordinances.
- Robocalling or spamming: Using the Service to send robocalls or spam in violation of TCPA or other telemarketing laws.
- Recording calls without proper consent: Recording calls without proper consent where required by law (e.g., two-party consent states).
- Intellectual Property Violations:Infringing upon the intellectual property rights of others, including copyrights, trademarks, or patents.
- Service Interference: Attempting to interfere with, disrupt, or damage the Service, servers, or networks connected to the Service.
We reserve the right to suspend or terminate accounts found violating these rules immediately without refund. We may also report any illegal activity to law enforcement authorities.
8. Intellectual Property Rights
Our Intellectual Property: The Service, including all content, features, functionality, software, and technology, is owned by AIEmply and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Your Content: You retain ownership of any content, data, or information you provide to us through the Service. By using the Service, you grant us a limited, non-exclusive, royalty-free license to use, process, and store your content solely for the purpose of providing the Service to you.
AI Training: We do not use your call recordings, transcripts, or customer data to train our AI models. Your data remains private and is used solely to provide the Service to you.
8. Disclaimer of Warranties (AI Hallucinations)
IMPORTANT: Artificial Intelligence is experimental technology. AIEmply makes no guarantees regarding the accuracy, reliability, or correctness of the information provided by the AI agents. The AI may occasionally generate incorrect information ("hallucinations"). You agree that AIEmply is not liable for any damages arising from reliance on the AI's responses, including missed appointments or incorrect advice.
9. Disclaimers and Limitations of Liability
9.1 Service Availability
We strive to provide reliable and uninterrupted service, but we do not guarantee that the Service will be available at all times or free from errors, interruptions, or defects. The Service may be unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.
9.2 Third-Party Services
Our Service relies on third-party providers (Retell AI, Twilio, Telnyx, OpenAI, Anthropic, Lemon Squeezy, etc.). We are not responsible for the availability, performance, or actions of these third-party services. Any issues with third-party services may affect the availability or functionality of our Service.
9.3 Limitation of Liability
To the maximum extent permitted by law, AIEmply shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of or inability to use the Service.
9.4 Maximum Liability
Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless AIEmply, its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content or data you submit, post, or transmit through the Service.
11. Governing Law and Dispute Resolution
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Dispute Resolution: Any disputes arising out of or relating to these Terms or the Service shall be resolved through good faith negotiations. If a dispute cannot be resolved through negotiations, it shall be subject to the exclusive jurisdiction of the courts located in the United States.
12. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your account.
13. Contact Us
If you have any questions about these Terms, please contact us:
AIEmply
548 Market Street
San Francisco, CA 94104
United States
Support & Legal Inquiries
support@aiemply.com14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and AIEmply regarding the Service and supersede all prior agreements, understandings, or communications, whether written or oral.
Questions About Our Terms?
If you have any questions about these Terms of Service, please don't hesitate to contact our support team.