Terms of Service

1. Eligibility and Accounts

• You must be at least 18 and able to form a binding contract.
• If you accept on behalf of an entity, you represent authority to bind that entity.
• Provide accurate, current account information and keep it updated.
• You are responsible for all activity under your credentials and for safeguarding login details and tokens.

2. Subscriptions, Trials, and Fees

• Plans & Auto-Renewal. Subscriptions auto-renew unless you cancel per Section 3.
• Billing. You authorize charges for subscription, usage/overage, and taxes; billing may be in advance, arrears, or both.
• Usage/Overages. Features may include quotas (minutes, calls, storage, transcripts); excess usage may incur overages at posted rates.
• Trials & Promotions. Convert to paid unless cancelled before trial end.
• Taxes. Fees are exclusive of taxes; you are responsible for applicable taxes and government charges.
• Price/Plan Changes. We may change fees, plans, and features with notice; changes apply next billing cycle unless stated otherwise.
• No Refunds. Except where required by law or expressly stated, fees are non-refundable and non-creditable.

3. Term; Cancellation; Suspension; Termination

• Term. Terms remain in effect while you use the Service; subscriptions auto-renew.
• Cancellation. Cancel renewal anytime in the dashboard or by written notice; access continues through the paid term.
• Suspension. We may suspend for non-payment, suspected fraud/abuse, security risk, rate-limit violations, or legal requests.
• Compliance Suspension. Immediate suspension if your use violates law/third-party rights, poses risk, or causes regulatory/reputational harm.
• Termination. Either party may terminate for uncured material breach (30 days’ written notice). We may terminate immediately for unlawful use or risk to the Service.
• Effect. On termination, access ceases. We may retain/delete Customer Data per Section 12 and our Privacy Policy.

4. Customer Data; License; De-Identified Data; DPA

“Customer Data” means data, content, and materials you or your users submit (e.g., call audio, transcripts, summaries, prompts, knowledge bases, contacts, configuration).

• Service License. You grant us a worldwide, royalty-free license to host, process, transmit, display, and perform Customer Data solely to provide, maintain, secure, support, and improve the Service.
• De-Identified Data. We may create/use de-identified, anonymized, and/or aggregated data derived from Customer Data and Service usage for analytics, benchmarking, and improving the Service and our models; we own such data and won’t attempt to re-identify it.
• DPA Precedence. If a Data Processing Addendum (DPA) is in place, it governs processing of Customer Personal Data and controls over these Terms in case of conflict for such processing.

5. AI Outputs; No Professional Advice; HIPAA Exclusion

• Outputs. The Service may generate text, audio, or other outputs. We license you to use Outputs for your business; Outputs may be inaccurate or incomplete—you are responsible for review and use.
• No Professional Advice. The Service and Outputs are not medical, legal, or other professional advice.
• No HIPAA/PHI. Not designed for PHI and not a HIPAA service. Do not submit PHI.

6. Acceptable Use; Rate Limits; Security; DMCA

• Acceptable Use. No reverse engineering, security circumvention, malware, unlawful/infringing content, resale/sublicense without consent, interference, or misrepresentation.
• Telephony; Recording; TCPA. You must configure call flows, provide required notices, obtain all required consents (including call-recording and any telemarketing/TCPA consents), and comply with telecom laws. No unlawful robocalls, spoofing, harassment, or prohibited communications.
• Rate Limits; Fair Use. We may set/modify rate limits/quotas and throttle or suspend activity that exceeds limits or jeopardizes stability/security.
• Customer Security. Keep credentials/tokens confidential, configure security (recording, retention, access roles), promptly notify of compromise; you’re responsible for actions under your accounts.
• DMCA. Send copyright notices with sufficient detail to privacy@missedcalls.help.

7. Third-Party Services and Integrations

The Service may interoperate with third-party services (e.g., telephony carriers, calendars, CRMs, ticketing). Your use of them is governed by their terms. We are not responsible for third-party services or changes that affect interoperability.

8. Intellectual Property; Feedback

• Ownership. You own Customer Data; we own the Service, documentation, De-Identified Data, and related IP. No rights granted except as expressly stated.
• Feedback. If you provide ideas/suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction.

9. Beta Features

Alpha/beta/preview features are provided “as is,” may change or be discontinued, and are excluded from any SLA or support commitments.

10. Confidentiality; Legal Process

Each party may access the other’s non-public information (“Confidential Information”) and will use it only to perform under these Terms and protect it with reasonable care. Exclusions include information that is public, independently developed, or lawfully received without confidentiality obligations. We may disclose as required by law, regulation, subpoena, or governmental request, or to prevent death/serious harm; where permitted, we’ll use reasonable efforts to provide notice.

11. Privacy; Security

Your use is subject to our Privacy Policy, which explains how we collect and process personal information. We implement reasonable technical and organizational measures; no method is completely secure.

12. Data Retention; Export and Deletion

We retain/delete Customer Data per the Privacy Policy and your admin settings. After termination, limited export tools may be available for 30 days; thereafter, we may delete pursuant to retention schedules and backups. Certain data may be retained as required by law or for security, audit, or dispute resolution.

13. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED/ERROR-FREE OPERATION OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS/REVENUE/GOODWILL/DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY WILL NOT EXCEED AMOUNTS PAID BY CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT. Some jurisdictions do not allow certain limits; in such cases, our liability is limited to the maximum extent permitted by law.

15. Indemnification

You will defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, and agents from claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) your Customer Data/content; (b) your use in violation of law (including TCPA and recording laws) or these Terms; (c) your third-party services/integrations; or (d) Outputs used without appropriate human review. Telephony Claims: You will defend and indemnify Company for claims arising from your telephony use (e.g., recording/monitoring consent, caller ID/spoofing, TCPA/telemarketing), except to the extent caused by Company’s willful misconduct.

16. Dispute Resolution; Arbitration; Class Waiver (U.S.)

• Governing Law. Delaware law, without regard to conflict-of-laws rules.
• Arbitration. Binding arbitration administered by AAA under its Commercial Arbitration Rules; seat/venue: Delaware. Either party may seek injunctive/equitable relief in court for misuse of IP or breach of confidentiality.
• Class Action Waiver. Disputes resolved only on an individual basis; class actions/class arbitrations are waived.
• 30-Day Opt-Out. Email privacy@missedcalls.help within 30 days of first acceptance to opt out of arbitration; governing law/venue remain Delaware courts.

17. Changes to the Service or Terms

We may modify the Service and these Terms. Material changes will be noticed (e.g., via dashboard, email, or posting). Changes apply prospectively; continued use after effective date constitutes acceptance.

18. Export; Sanctions; Anti-Corruption

You represent you are not a Sanctioned Person and will comply with applicable export control and sanctions laws. Each party will comply with anti-corruption/anti-bribery laws (including U.S. FCPA and UK Bribery Act). Do not use the Service in violation of such laws.

19. Assignment

You may not assign or transfer these Terms without our prior written consent; any attempt is void. We may assign in connection with a merger, acquisition, or sale of assets.

20. Force Majeure

We are not liable for delays/failures caused by events beyond reasonable control, including acts of God, outages, labor disputes, governmental actions, or internet/telecom failures.

21. Notices

We may provide notices via the dashboard, your account email, or by posting within the Service. You agree electronic communications satisfy legal notice requirements.

22. Order of Precedence; Entire Agreement; Miscellaneous

23. Survival

Sections 2 (to the extent of unpaid fees), 3.6, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23 survive termination.

24. Contact

Questions about these Terms: privacy@missedcalls.help.