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Effective date: 14th October, 2024
These Terms and Conditions (the "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and AI Front Desk, Inc. ("Company", "we", "us", or "our"), concerning your access to and use of the www.myaifrontdesk.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Service"). You agree that by accessing the Service, you have read, understood, and agreed to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Service and you must discontinue use immediately.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
For the purposes of these Terms and Conditions, the following definitions shall apply:
The Service is intended only for access and use by individuals at least eighteen (18) years of age. By accessing or using any part of the Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service.
AI Front Desk, Inc. offers a comprehensive AI-powered phone service. Our Service includes, but is not limited to, the following features:
To gain full access to the Service, Users are required to create an Account, which involves providing accurate and complete registration information and updating such information as necessary to maintain its accuracy. The User is responsible for maintaining the confidentiality of their Account and password and for restricting access to their computer or device, and they agree to accept responsibility for all activities that occur under their Account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
6.1. Platform Provider: AI Front Desk, Inc. is solely a technology platform provider. We provide the tools and infrastructure to facilitate inbound and outbound calls using artificial intelligence. Any effects or damages of calls made with the help of our platform are entirely the user’s responsibility.
6.2. User Responsibility: You, the user, are solely responsible for how you use our platform. This includes, but is not limited to:
6.3. Indemnification for Outbound Calls: You agree to indemnify, defend, and hold harmless AI Front Desk, Inc. from any and all claims, damages, fines, penalties, or other liabilities arising from your use of our platform for both inbound and outbound calls. This includes, but is not limited to, any violations of telemarketing laws, privacy laws, or other applicable regulations.
6.4. No Legal Advice: AI Front Desk, Inc. does not provide legal advice. It is your responsibility to consult with legal counsel to ensure your use of our platform complies with all applicable laws and regulations.
You agree not to use the Service for any unlawful purpose or in any way that violates local, state, national, or international laws. You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations. Prohibited uses include but are not limited to:
AI Front Desk, Inc. reserves the right to limit calling frequency to prevent unlawful calling activity. Any damages caused by AI Front Desk as a result of prohibited or non-prohibited use cases is solely the responsibility of the user.
You agree not to upload, post, host, or transmit any content that:
AI Front Desk, Inc. has sole discretion to determine whether User Content violates this Acceptable Use Policy. AI Front Desk, Inc. may at any time remove User Content that violates this policy. Repeated violations may lead to account termination.
You may only use the Service to make calls to persons who have provided prior express consent to be called or with whom you have an established business relationship, as defined under applicable law. AI Front Desk, Inc. reserves the right to request evidence of such consent or business relationship.
You must properly identify yourself on outbound calls by transmitting accurate Caller ID information for all calls. You may not block Caller ID information, use an anonymous phone number, or misrepresent the originating phone number or identity of the caller.
AI Front Desk, Inc. reserves the right to cooperate with any law enforcement authorities or regulators regarding any suspected illegal, fraudulent, or improper use of the Service. This may include disclosing information about your use of the Service and account.
9.1. Responsibility for Compliance: While AI Front Desk, Inc. may provide features to assist with compliance, AI Front Desk, Inc. is not obligated to educate or inform you on how to remain compliant. It is ultimately your responsibility to ensure that your use of the Service, including all outbound calls, complies with all applicable laws and regulations. AI Front Desk, Inc. is not responsible for any failure on your part to comply with these laws and regulations.
Access to the Service is provided on a subscription basis. The current Subscription fees are outlined on our pricing page, subject to change at our discretion. Subscriptions are billed in advance on a monthly or annual basis and will automatically renew each month or year on the date of the original subscription until canceled by the User in accordance with our cancellation policy. The Subscription fee may be subject to tax, which will be charged in addition to the Subscription fee.
We may offer multiple Subscription plans, including special promotional plans or Subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you.
In the event of multiple failed payment attempts due to declined credit card transactions, we reserve the right to automatically cancel your Subscription and terminate your Account. Users will be notified prior to any such cancellation and provided with an opportunity to update their payment information to avoid service interruption.
In addition to the Subscription fee, Users will incur additional usage-based fees. These fees are outlined in the pricing page of our website. At the time of this writing, the fees are:
These usage fees will be calculated on a monthly basis and billed in conjunction with the Subscription fee. Billing will occur monthly, although we reserve the right to change this date at our sole discretion. All fees are non-refundable except as required by law or as explicitly set forth herein. We reserve the right to change the usage fees at any time, subject to providing Users with prior notice of such changes. In the event of late payment, we may suspend or terminate your access to the Service.
From time to time, we may offer a free trial period for our Service, the specifics of which will be provided at the initiation of the offer. If you choose to continue using the Service after the trial period, your Subscription will automatically commence, and your provided payment method will be charged. You will still be responsible for usage fees, as defined in section eleven, despite being on a free trial. You have the option to cancel your Subscription at any time. Cancellation requests must be made through your Account settings or by contacting our customer service team. Following cancellation, your access to the Service will persist until the end of the current billing period.
Our Service is offered on a digital, subscription-based model. As such, refunds are generally not provided. Exceptions may be made at our discretion, subject to specific circumstances. Should you believe you are entitled to a refund, please submit a request in writing to our customer support within the specified timeframe. Your eligibility for a refund will be assessed based on various factors, including but not limited to service usage, compliance with our Terms, and the nature of the issue prompting the refund request.
AI Front Desk, Inc. retains all rights, title, and interest in the Services, including all related intellectual property rights. Any modifications, enhancements, or customizations to the Services will be the sole property of AI Front Desk, Inc.
You retain all rights to data you provide through the use of our Services. However, AI Front Desk, Inc. may collect, generate, and use data from your usage to improve our Services. We will treat such data with strict confidentiality and in accordance with our Privacy Policy.
AI Front Desk retains all rights, title, and interest in the AI Platform and the underlying technology used to generate AI-Generated Content. User retains ownership of the specific instances of AI-Generated Content created through their use of the AI Platform, subject to AI Front Desk's underlying rights in the AI Platform and technology. User hereby grants AI Front Desk a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, and otherwise exploit any AI-Generated Content for the purposes of improving and developing the AI Platform and related services.
User agrees not to use AI-Generated Content in any manner that violates applicable laws or regulations, infringes on third-party rights, or for any unlawful, harmful, or discriminatory purposes. b. User acknowledges that AI-Generated Content may not always be accurate, complete, or appropriate for all uses, and agrees to review and validate any AI-Generated Content before using it for any purpose.
Users may have the opportunity to create, post, or share content, including but not limited to custom AI receptionists and agents, through the Service ("User-Generated Content"). By posting User-Generated Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the User-Generated Content that you post and that the use of your content does not violate these Terms and will not cause injury to any person or entity.
Our Privacy Policy, which is separate from these Terms, describes how we collect, use, and disclose information about our users. We recommend that you read our Privacy Policy thoroughly to understand our privacy practices. Our services use Artificial Intelligence (AI) for various functions. We are committed to responsible AI use, adhering to regulatory guidelines.
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security due to the inherent nature of the internet. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.
Each party agrees to protect the other party's proprietary information with the same standard of care it uses to protect its own similar information but no less than reasonable care. Proprietary information will only be used for the purpose of fulfilling obligations under this Agreement and will not be disclosed to third parties except as required by law.
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that AI Front Desk, Inc. shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We do not guarantee that the Service will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of our Service without notice. We will not be liable if, for any reason, our Service is unavailable at any time or for any period.
AI Front Desk may impose usage limitations on the AI Platform, including but not limited to the number of API calls, data processing volume, or AI model generations. These limitations may vary based on the subscription plan and will be communicated to User through the Service or other appropriate means.
Our Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by AI Front Desk, Inc. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites.
Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to AI Front Desk, Inc. regarding the Service shall remain the sole and exclusive property of AI Front Desk, Inc. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Service and the Content and materials provided therein. This includes, but is not limited to, compliance with all applicable telemarketing laws and regulations, such as the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), and any state-specific telemarketing regulations.
User agrees to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce, in connection with the AI Platform and any AI-Generated Content.
You agree to indemnify, defend and hold harmless AI Front Desk, Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Service or your breach of these Terms. This indemnification obligation will survive the termination of these Terms and your use of the Service.
To the fullest extent permitted by applicable law, in no event will AI Front Desk, Inc., its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if AI Front Desk, Inc. has been advised as to the possibility of such damages or could have foreseen such damages.
24.1. Platform Liability: To the fullest extent permitted by law, AI Front Desk, Inc. shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of our platform for outbound calls. This includes, but is not limited to, any damages arising from violations of telemarketing laws, privacy laws, or other applicable regulations.
24.2. User's Assumption of Risk: By using our platform for outbound calls, you assume all risk associated with such use. You acknowledge that it is your responsibility to use the platform in compliance with all applicable laws and regulations, and that AI Front Desk, Inc. has no control over or responsibility for the content, timing, or recipients of calls made through our platform.
24.3 No Warranty for AI-Generated Content: AI Front Desk provides no warranty regarding the accuracy, completeness, or appropriateness of any AI-Generated Content. User uses such content at their own risk and is solely responsible for any decisions or actions taken based on AI-Generated Content. AI Front Desk shall not be liable for any damages or losses resulting from decisions made by Licensee based on AI-Generated Content or AI model outputs. User acknowledges that the AI Platform is a tool to assist in decision-making and does not replace human judgment or expertise.
AI Front Desk, Inc. provides an AI phone receptionist service that involves artificial intelligence (AI) performing various tasks such as answering calls, making outbound calls, scheduling, and responding to queries. While we endeavor to ensure that the AI service operates as intended, you acknowledge and agree that AI Front Desk, Inc. shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Each party represents that they have the full right and authority to enter into this Agreement and that this Agreement does not conflict with any other agreement or obligation.
You warrant that you will use our Services in compliance with all applicable laws and that the data you provide does not infringe on any third-party rights.
AI Front Desk, Inc. provides the Services on an "as-is" and "as available" basis. Except as expressly provided in this Agreement, we disclaim all warranties, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose.
Any disputes arising out of or relating to these Terms, the Service, or your relationship with AI Front Desk, Inc. shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language, in the State of California, USA. The decision of the arbitrator shall be final and binding on both parties. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
This Agreement commences on the Effective Date and will remain in effect until terminated by either AI Front Desk, Inc. in accordance with these Terms. We reserve the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
30.1. Notices: All notices and communications must be in writing and delivered by recognized courier services, email, or registered mail to the addresses provided in this Agreement.
30.2. Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including but not limited to acts of God, labor disputes, and governmental actions.
30.3. Entire Agreement and Amendments: This Agreement constitutes the entire agreement between the parties. Any amendments must be in writing and signed by both parties.
30.4. Severability: If any part of this Agreement is found invalid or unenforceable, the remainder of the Agreement will remain in effect.
30.5. Assignment and Successors: This Agreement may not be assigned without the prior written consent of the other party, except in the case of a merger or acquisition.
The terms defined in this document apply to all current and future products created by AI Front Desk. Some additional terms around the outbound product are as follows.
31.1. Consent: You represent and warrant that you have obtained all necessary consents and permissions from individuals or entities you instruct our Service to call.
31.2. Do Not Call List: You are responsible for maintaining and adhering to any applicable Do Not Call lists.
31.3. Calling Times: You agree to only use the outbound calling feature during times permitted by applicable laws and regulations.
31.4. Call Recording: If you enable call recording for outbound calls, you are responsible for obtaining consent from called parties in accordance with applicable laws.
31.5. Content of Calls: You are solely responsible for the content of outbound calls made using our Service. You agree not to use the Service for any harassing, abusive, or unlawful purposes.
31.6. Caller ID: You must ensure that all outbound calls made using our Service transmit accurate Caller ID information.
31.7. Compliance Monitoring: We reserve the right to monitor outbound calling activity for compliance with these Terms and applicable laws. We may suspend or terminate your access to the outbound calling feature if we detect any violations.
The terms defined in this document apply to all current and future products created by AI Front Desk. Some additional terms around the reseller product are as follows.
32.1. No Guarantee of Success a) AI Front Desk, Inc. makes no guarantees or representations regarding the success, profitability, or viability of reselling the Platform. b) Resellers acknowledge that their success depends on their own efforts, market conditions, and other factors beyond AI Front Desk, Inc.'s control. c) AI Front Desk, Inc. is not responsible for any losses, expenses, or liabilities incurred by Resellers in their efforts to market and sell the Platform.
32.2. Right to Terminate a) AI Front Desk, Inc. reserves the absolute right to terminate any Reseller's participation in the Reseller Program at any time, for any reason or no reason, with or without notice. b) Termination may occur immediately and without prior warning at AI Front Desk, Inc.'s sole discretion. c) Upon termination, Resellers must immediately cease all marketing and sales activities related to the Platform. d) AI Front Desk, Inc. shall not be liable for any losses, damages, or expenses incurred by Resellers as a result of termination.
32.3. Reseller Eligibility and Application a) To become a Reseller, interested parties must submit an application to AI Front Desk, Inc. b) AI Front Desk, Inc. reserves the right to approve or deny Reseller applications at its sole discretion, without providing reasons for its decision. c) Approved Resellers must complete any required training before commencing sales activities.
32.4. Reseller Obligations a) Marketing and Sales: i. Resellers are responsible for marketing and selling the Platform within any assigned territory. ii. All marketing materials must be approved by AI Front Desk, Inc. before use. iii. Resellers must adhere to AI Front Desk, Inc.'s branding guidelines in all marketing efforts. iv. Resellers are prohibited from making any false or misleading claims about the Platform. b) Pricing and Quotations: i. Resellers must adhere to any pricing guidelines set forth by AI Front Desk, Inc. ii. Any discounts or promotions must be pre-approved by AI Front Desk, Inc. c) Customer Relationships: i. Resellers are responsible for maintaining relationships with their customers. ii. Resellers must ensure all customers agree to AI Front Desk, Inc.'s Terms and Conditions before using the Platform. d) Compliance: i. Resellers must comply with all applicable laws and regulations in their activities. ii. Resellers are responsible for obtaining any necessary licenses or permits.
32.5. Pricing, Commissions, and Payment a) Pricing: i. AI Front Desk, Inc. will provide Resellers with pricing information for the Platform. ii. AI Front Desk, Inc. reserves the right to modify pricing at any time, with or without notice. b) Commissions: i. Reseller commissions, if any, will be determined by AI Front Desk, Inc. ii. AI Front Desk, Inc. reserves the right to adjust commission structures at any time, with or without notice. c) Payment: i. Any commission payments will be made as determined by AI Front Desk, Inc. ii. AI Front Desk, Inc. reserves the right to withhold payments for any reason.
32.6. White Labeling and Resale Restrictions a) White Labeling License: i. AI Front Desk, Inc. may grant Resellers a limited, non-exclusive, non-transferable, and revocable license to white-label and resell the Platform. ii. This license may be revoked at any time, for any reason, at AI Front Desk, Inc.'s sole discretion. b) Minimum Advertised Price (MAP) Policy: i. Resellers must comply with any MAP policy set by AI Front Desk, Inc. ii. AI Front Desk, Inc. reserves the right to change the MAP policy at any time, with or without notice. c) Lifetime Licenses Restriction: i. Reselling lifetime access for a one-time fee is prohibited without prior written approval from AI Front Desk, Inc.
32.7. Support and Training a) AI Front Desk, Inc. may provide Resellers with training and support materials at its discretion. b) Resellers are responsible for providing first-level support to their end-users.
32.8. Intellectual Property a) Resellers are granted a limited license to use AI Front Desk, Inc.'s trademarks and marketing materials solely for the purpose of marketing and selling the Platform. b) All intellectual property rights remain with AI Front Desk, Inc.
32.9. Confidentiality a) Resellers agree to maintain the confidentiality of any proprietary information shared by AI Front Desk, Inc.
32.10. Liability and Indemnification a) Resellers agree to indemnify and hold AI Front Desk, Inc. harmless from any claims arising from their activities related to the Platform. b) Resellers are fully liable to their customers for their access to and use of the Platform.
32.11. No Agency a) The Reseller relationship does not create any agency, partnership, or joint venture between the Reseller and AI Front Desk, Inc. b) Resellers are prohibited from representing themselves as AI Front Desk, Inc. employees or implying an association beyond their reseller status.
32.12. Compliance with Laws and Regulations a) Resellers are solely responsible for ensuring their use of the Platform complies with all applicable laws and regulations.
32.13. Dispute Resolution a) Any disputes arising from the Reseller relationship will be subject to the dispute resolution procedures outlined in these Terms and Conditions.
32.14. Modifications to Reseller Program a) AI Front Desk, Inc. reserves the right to modify, suspend, or terminate the Reseller Program at any time, for any reason, with or without notice. b) Changes to the Reseller Program may be communicated through updates to these Terms and Conditions or by other means deemed appropriate by AI Front Desk, Inc.
32.15 Core Functionality a) Reseller shall not modify the core functionality of the services and must maintain all proprietary notices and attributions within the white-labeled version of the Service.
32.16 Responsibility a) Reseller is solely responsible for all aspects of its rebranded version of the AI Platform, including customer support, marketing, terms, and compliance with applicable laws and regulations.
If you have any questions about these Terms, please contact us at contact@myaifrontdesk.com.
AI Front Desk, Inc.
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