Terms of Service

Introduction

These Terms of Service (“Agreement”) govern your relationship with Receptionist Pro, Inc. (“Receptionist Pro,” “we,” “us,” “our”), a Florida-based company with operations in Pensacola. By accessing or using our website, platform, software, AI-powered chat or call systems, and any related tools or services (collectively, the "Services”), you acknowledge and agree to be bound by this Agreement. If you do not accept these terms, you must not use or access our Services.

We reserve the right to modify these Terms of Service at any time by posting updated terms on our website. Continued use of the Services after such changes indicates acceptance of the revised terms.

Services Overview

Our Services encompass AI-powered solutions for communication, call handling, virtual reception, and related features. This includes, but is not limited to:

-AI-driven chatbots and call reception systems

-Inbound and outbound call management tools

-Messaging (SMS, MMS, email) and voice solutions

-Automated or semi-automated workflows

We strive to provide reliable Services; however, given the nature of AI and telecommunications, we cannot guarantee uninterrupted or error-free performance. We also do not guarantee the completeness or accuracy of any AI-generated outputs.

You agree that Receptionist Pro may, at its discretion, modify or discontinue any aspect of the Services without prior notice.

AI and Automated Features Disclaimer

Our AI-powered chatbots, voice assistants, and other automated features (collectively, “AI Bots”) rely on algorithms and machine learning models trained on various datasets. While we do our best to ensure AI Bots produce relevant and helpful responses, we cannot promise exactness, infallibility, or fitness for any particular purpose.

No Guaranteed Results: AI Bots can occasionally generate incomplete, irrelevant, or inaccurate outputs. You assume full responsibility for verifying AI-generated content before relying on it for decisions or actions.

Limited Human Oversight: AI Bots may not always be monitored by a live agent. Therefore, urgent or sensitive communications should not solely rely on AI-based responses.

User Responsibility: You remain fully responsible for actions and decisions taken in reliance on AI outputs, including compliance with legal or regulatory obligations (such as disclaimers, disclosures, or any required consents).

Telecommunication and Call Center-Specific Disclaimers

Call Routing & Connectivity: We do not guarantee faultless call routing, connection quality, or reliability. Network congestion, carrier issues, or internet interruptions may disrupt or degrade your communications.

Dropped or Missed Calls: You acknowledge that calls may be dropped, misrouted, delayed, or otherwise interrupted, and we bear no liability for any losses or damages resulting from such disruptions.

Message Delivery: We make no warranty regarding message delivery (SMS, email, etc.) due to factors outside our control (e.g., carrier blocks, spam filters, device issues).

Compliance on Your End: You are solely responsible for ensuring your use of our telecom and call services adheres to all applicable laws, regulations, and industry standards (including consent requirements, disclosure obligations, and do-not-call lists).

Subscription Plans, Overages, and Billing

We offer multiple plan tiers, each with associated usage limits, features, and fees. By selecting a plan, you agree to the following:

-Plan Tiers: Each plan includes its own services and resource allocations (e.g., AI Bot usage, call minutes, SMS volume).

-Overage Charges: Exceeding your plan’s limits triggers additional fees (“overages”), which will be billed to your payment method on file.

-Upgrades: You may upgrade your plan at any time; new rates and features take effect immediately.

-Downgrades: Generally permitted at the end of a billing cycle (unless stated otherwise). You remain liable for all charges incurred prior to the downgrade’s effective date.

-Payment & Refunds: All fees are due in advance or as specified in your plan. Fees are nonrefundable except where otherwise stated or required by law.

Failure to maintain accurate billing information may result in service suspension or cancellation.

Intellectual Property

All code, AI models, training data, trademarks, service marks, logos, and other proprietary materials (collectively, “Receptionist Pro IP”) remain the exclusive property of Receptionist Pro or our licensor.

Permitted Use: We grant you a limited, revocable, non-transferable license to access the Services for your internal business purposes during the term of your subscription.

Prohibited Use: Any attempt to copy, steal, reverse-engineer, disassemble, de-compile, or otherwise misuse Receptionist Pro IP—especially for commercial or competitive purposes—is illegal and may result in immediate termination of your access, plus potential legal action.

Ownership: Nothing in this Agreement grants you ownership rights to Receptionist Pro IP, nor may you use our marks without written consent.

Confidential Information

You and Receptionist Pro may share information deemed confidential or proprietary (“Confidential Information”) during the course of using the Services. Each party agrees to:

-Only use Confidential Information as necessary to perform obligations or exercise rights under this Agreement.

-Restrict disclosure of Confidential Information to employees or contractors who need to know it under similar confidentiality obligations.

-Protect the other party’s Confidential Information with the same degree of care used to protect its own confidential information, but not less than a reasonable standard of care.

Confidential Information does not include any information that is publicly available, independently developed without reference to the other party’s data, or legitimately obtained from a third party without obligation of confidentiality.

Subscriber Data and Usage Information

By using our Services, you grant Receptionist Pro a non-exclusive, irrevocable, worldwide license to access, store, reproduce, distribute, display, and create derivative works of any data you provide or transmit through the Services (“Subscriber Data”), but only to the extent necessary to fulfill our obligations, enhance the Services, or comply with legal requirements.

Receptionist Pro may also collect usage, technical, and statistical information about how you interact with the Services. This data is owned exclusively by Receptionist Pro and may be used for analytics, product development, marketing, or any other legitimate business purpose.

Call Recording and Two-Party Consent

Some Services may enable call recording or archiving. By using these features:

-You acknowledge certain jurisdictions mandate two-party (or multi-party) consent for recording or monitoring telephone calls.

-You are responsible for ensuring that your use of call recording complies with all applicable laws and regulations, including obtaining required consents.

-Receptionist Pro disclaims any liability for failure to notify or obtain consent from participants in a recorded call.

Security and Data Privacy

While we strive to protect your data, no system is 100% secure. You agree to:

-Maintain secure access credentials (e.g., usernames, passwords, API keys).

-Promptly notify us of any suspected unauthorized access or data breach.

-Abide by any applicable data privacy or protection laws relevant to your industry or jurisdiction.

Receptionist Pro is not liable for unauthorized access resulting from your negligence, misuse, or lost credentials. We also reserve the right to suspend or terminate accounts suspected of security breaches or malicious activities.

Warranties and Disclaimers

All Services are provided “as is” and “as available.” To the fullest extent allowed by law, we disclaim all warranties—express, implied, or statutory—including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of AI outputs, or availability of telecommunications.

You agree that Receptionist Pro does not guarantee:

-Uninterrupted, secure, or error-free Service

-Specific outcomes or results from AI-driven features

-Completeness, timeliness, or accuracy of any information or content

Limitation of Liability

To the maximum extent permitted by law, Receptionist Pro and its affiliates, officers, employees, and agents shall not be liable for:

-Indirect, incidental, punitive, special, or consequential damages (including lost profits, lost data, business interruption) arising out of or related to this Agreement or use of the Services, even if advised of the possibility of such damages.

-Any amount exceeding the fees paid by you to Receptionist Pro in the twelve (12) months preceding the event giving rise to a claim.

Some jurisdictions do not allow certain exclusions or limitations; in such cases, our liability is limited to the extent permissible by Florida law.

Indemnification

You agree to defend, indemnify, and hold harmless Receptionist Pro, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from or relating to:

-Your breach or alleged breach of these Terms

-Your misuse of the Services or reliance on AI outputs

-Violations of law or regulations in connection with your communications or call recordings

-Any infringement of intellectual property rights or misappropriation of trade secrets

If requested, you will assume control of the defense with counsel reasonably acceptable to us. You may not settle any claim without our prior written consent.

Dispute Resolution and Governing Law

Any dispute or claim arising out of or relating to these Terms shall be resolved exclusively by binding arbitration under the American Arbitration Association’s commercial rules. The arbitration shall take place in Escambia County, Florida, and the arbitrator’s award will be final and binding, with no class action or consolidated arbitration permitted.

This Agreement is governed by the laws of the State of Florida, without regard to its conflict of laws principles. Subject to arbitration, you agree to submit to the personal jurisdiction of the state or federal courts located in Escambia County, Florida.

Force Majeure

Neither party (other than your obligation to pay fees) will be liable for failure to perform any obligation caused by events beyond its reasonable control—such as natural disasters, acts of government, terrorism, war, civil unrest, strikes, or power grid failures.

DMCA and Copyright Infringement

If you believe your intellectual property rights have been infringed in connection with our Services, please send a notice to our designated agent at the following address with the subject line “DMCA Takedown Request”:

[email protected]

We will respond in accordance with the Digital Millennium Copyright Act and other applicable laws.

Miscellaneous

Assignment: Receptionist Pro may assign or transfer its rights and obligations under this Agreement at any time. You may not assign your rights or delegate your obligations without prior written consent.

Severability: If any provision is deemed invalid or unenforceable, the remaining provisions remain in full force.

No Waiver: A waiver of any breach of these Terms must be in writing and signed. Failure to enforce any provision is not a waiver of that provision or subsequent breaches.

Entire Agreement: This Agreement (and any additional written agreements, such as a Business Associate Agreement if required) constitute the entire understanding between you and Receptionist Pro. All prior discussions or negotiations are merged into this Agreement.

By using or accessing our Services, you acknowledge and agree that you have read, understood, and accepted these Terms of Service, including all disclaimers and limitations of liability. If you do not agree, you must discontinue use of the Services immediately.

If you have any questions about these Terms, please contact us at:
[email protected]