Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and aircalls.ai ("Company," "we," "us," or "our") governing your access to and use of our AI-powered receptionist services, software platform, and related services (collectively, the "Service"). By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

IMPORTANT: These Terms contain provisions that limit our liability and require binding arbitration of disputes. Please read these Terms carefully before using our Service.

1. Acceptance and Modifications

1.1. Agreement to Terms

By creating an account, accessing our platform, or using any aspect of our Service, you expressly agree to these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of the Service.

1.2. Modifications

We reserve the right to modify these Terms at any time in our sole discretion. Material changes will be communicated through email notification to your registered address and prominent notice on our platform at least thirty (30) days prior to the effective date. Your continued use of the Service after such modifications constitutes acceptance of the revised Terms. If you disagree with any modifications, your sole remedy is to terminate your account.

1.3. Eligibility

You must be at least eighteen (18) years of age and have the legal capacity to enter into binding contracts. By using our Service, you represent and warrant that you meet these eligibility requirements and that all information provided is accurate and complete.

2. Service Description and Availability

2.1. AI Receptionist Services

aircalls.ai provides artificial intelligence-powered receptionist services including but not limited to:

• Automated call answering and routing
• Appointment scheduling and calendar management
• Customer inquiry handling and information collection
• Message taking and delivery
• Call analytics and reporting
• Integration with third-party business systems

2.2. Service Availability

While we strive to maintain continuous service availability, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our reasonable control. We target 99.9% uptime but do not provide service level guarantees unless specified in a separate written agreement.

2.3. Service Modifications

We reserve the right to modify, enhance, or discontinue any aspect of the Service at any time with reasonable notice. We will make commercially reasonable efforts to provide advance notice of material changes that may adversely affect your use of the Service.

3. Account Registration and Security

3.1. Account Creation

To access our Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the accuracy of your account information and promptly updating any changes.

3.2. Account Security

You are solely responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breaches
• Using strong passwords and enabling available security features

3.3. Account Suspension and Termination

We reserve the right to suspend or terminate your account immediately without notice if you violate these Terms, engage in fraudulent activity, or use the Service in a manner that could harm our systems or other users.

4. Acceptable Use and Restrictions

4.1. Permitted Use

You may use the Service solely for legitimate business purposes in accordance with these Terms and applicable laws. The Service is intended for professional use in managing customer communications and business operations.

4.2. Prohibited Activities

You agree not to:

• Use the Service for any illegal, fraudulent, or unauthorized purposes
• Violate any applicable laws, regulations, or third-party rights
• Transmit spam, unsolicited communications, or malicious content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or attempt to extract source code
• Use automated tools to access the Service without authorization
• Interfere with or disrupt the Service or our servers
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest personal information of other users
• Use the Service to compete with or create similar services

4.3. Content Standards

All content transmitted through our Service must comply with applicable laws and professional standards. You are prohibited from using the Service for communications that are defamatory, harassing, threatening, or otherwise inappropriate.

5. Subscription Plans and Billing

5.1. Subscription Terms

Our Service is provided on a subscription basis with various plans offering different features and usage limits. Subscription fees are billed in advance on a monthly or annual basis as selected during registration.

5.2. Payment Terms

• Payment Authorization: By providing payment information, you authorize us to charge the applicable fees to your designated payment method
• Automatic Renewal: Subscriptions automatically renew for successive periods unless cancelled before the renewal date
• Payment Failure: If payment fails, we may suspend your account after reasonable notice and opportunity to cure
• Late Fees: Overdue amounts may incur late fees of 1.5% per month or the maximum allowed by law

5.3. Refund Policy

Subscription fees are generally non-refundable. We may provide prorated refunds in our sole discretion for service interruptions or other exceptional circumstances. Refund requests must be submitted within thirty (30) days of the billing date.

5.4. Price Changes

We reserve the right to modify subscription pricing with sixty (60) days advance notice. Price changes will take effect at your next renewal date. You may cancel your subscription before the price change takes effect to avoid the new pricing.

6. Intellectual Property Rights

6.1. Our Intellectual Property

The Service, including all software, algorithms, artificial intelligence models, user interfaces, and related technology, is protected by intellectual property laws. We retain all rights, title, and interest in our intellectual property. No rights are granted to you except as expressly set forth in these Terms.

6.2. Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes. This license terminates automatically upon termination of your account.

6.3. Customer Data

You retain ownership of all data, content, and information you provide to the Service ("Customer Data"). You grant us a limited license to use Customer Data solely to provide the Service and as described in our Privacy Policy.

6.4. Feedback

Any feedback, suggestions, or improvements you provide regarding the Service become our property and may be used without restriction or compensation to you.

7. Data Protection and Privacy

7.1. Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.2. Data Processing

We process Customer Data solely to provide the Service and in accordance with your instructions. We implement appropriate technical and organizational measures to protect data security and comply with applicable data protection laws.

7.3. Data Retention

We retain Customer Data only as long as necessary to provide the Service and comply with legal obligations. Upon termination, we will delete or return Customer Data as requested, subject to legal retention requirements.

8. Disclaimers and Limitations of Liability

8.1. Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF INFORMATION.

8.2. AI Technology Limitations

You acknowledge that our AI technology, while advanced, may not be perfect and could occasionally misinterpret communications or make errors. We do not guarantee the accuracy or completeness of AI-generated responses or actions.

8.3. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

8.4. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, network failures, or other force majeure events.

9. Indemnification

You agree to indemnify, defend, and hold harmless aircalls.ai, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service in violation of these Terms
• Your Customer Data or any content you transmit through the Service
• Your violation of any applicable laws or third-party rights
• Any negligent or wrongful acts or omissions by you or your employees

10. Termination

10.1. Termination by You

You may terminate your account at any time by providing written notice or using the cancellation features in your account dashboard. Termination will be effective at the end of your current billing period.

10.2. Termination by Us

We may terminate your account immediately without notice if you breach these Terms, fail to pay fees, or engage in prohibited activities. We may also terminate with thirty (30) days notice for any reason.

10.3. Effect of Termination

Upon termination, your access to the Service will cease immediately. Provisions regarding intellectual property, indemnification, limitation of liability, and dispute resolution shall survive termination.

11. Dispute Resolution and Arbitration

11.1. Binding Arbitration

ANY DISPUTE ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.

11.2. Arbitration Procedures

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in the jurisdiction where our principal office is located, unless otherwise agreed.

11.3. Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS.

11.4. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

12. General Provisions

12.1. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and aircalls.ai regarding the Service and supersede all prior agreements and understandings.

12.2. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

12.3. Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

12.4. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

12.5. Notices

All notices required under these Terms must be in writing and delivered to the addresses specified in your account or our contact information below.

13. Contact Information

For questions about these Terms of Service, legal notices, or to report violations, please contact us: