Terms of Service

These Terms of Service (“Terms”) form a binding agreement between Receptionist On Call, Inc., a Delaware corporation (“Company,” “we,” “us,” or “our”), and the entity or individual identified at sign-up (“Customer” or “you”). By creating an account, accessing the website at receptionistoncall.com, or using the API, dashboard, telephony numbers, or AI voice agents we provide (collectively, the “Service”), you agree to be bound by these Terms.

1. The Service

The Service is a cloud-based platform that allows Customer to configure software-driven voice agents that answer or place telephone calls, transcribe call audio, generate synthetic voice responses, and route data to integrated systems. The Service relies on third-party providers including telephony, speech-to-text, large language model, and text-to-speech vendors, identified in our Data Processing Addendum.

2. Accounts and Eligibility

Customer must be at least 18 years old and authorized to bind the entity it represents. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized access. We may suspend accounts that we reasonably believe to be compromised, fraudulent, or in violation of these Terms.

3. Subscriptions, Fees, and Taxes

3.1 Plans.

Plans are offered on monthly subscription tiers (Free, Starter, Pro, and Scale) with included minutes and metered overage rates posted at receptionistoncall.com/pricing. We may change plans, pricing, or included quotas on at least thirty (30) days’ notice; changes take effect on your next renewal.

3.2 Billing.

Subscriptions renew automatically each billing period unless cancelled before the renewal date. Metered usage (per-minute overages) is billed in arrears. Fees are exclusive of taxes; you are responsible for all applicable sales, use, value-added, and similar taxes other than taxes on our net income.

3.3 Non-payment.

Failure to pay invoices when due may result in suspension or termination of the Service after written notice. You remain liable for outstanding fees during any suspension period.

4. Customer Content and Telephony Use

4.1 Your content.

“Customer Content” means audio, transcripts, prompts, agent configurations, contact lists, and any other data you submit or that is generated by the Service on your behalf. Customer Content is owned by you. You grant us a non-exclusive, worldwide license to process Customer Content solely to provide and improve the Service, subject to the Privacy Policy and the Data Processing Addendum.

4.2 Telephony consent.

You are responsible for complying with all applicable telecommunications and call-recording laws, including the U.S. Telephone Consumer Protection Act (TCPA), state two-party-consent statutes (e.g., California, Florida, Illinois, Massachusetts, Pennsylvania, Washington), the Federal Trade Commission’s Telemarketing Sales Rule, the Canadian Anti-Spam-Legislation, and the EU ePrivacy Directive where applicable. You will obtain all consents required to record calls, place outbound calls, and process call audio through AI sub-processors.

4.3 AI disclosure.

Several U.S. states and foreign jurisdictions require disclosure when a caller is interacting with an artificial-intelligence agent. You will configure your agent greetings or scripts as necessary to make any disclosure required by law for the calls you place or receive.

5. Acceptable Use

Your use of the Service is subject to the Acceptable Use Policy, which is incorporated by reference. Violation of the Acceptable Use Policy may result in immediate suspension.

6. Third-Party Services

The Service interoperates with third-party services, including Twilio, Inc. (telephony), Deepgram, Inc. (speech-to-text), ElevenLabs, Inc. (text-to-speech), Anthropic, PBC (LLM), Stripe, Inc. (billing), and Google LLC (calendar integrations). Your use of those services through the Service is also subject to their respective terms. We are not responsible for third-party outages or policy changes outside of our reasonable control.

7. Confidentiality

Each party agrees to protect the other party’s non-public information disclosed in connection with the Service using the same standard of care it uses to protect its own confidential information, but in no event less than reasonable care. This obligation survives termination for three (3) years, except for trade secrets, which survive for as long as they remain trade secrets under applicable law.

8. Intellectual Property

We retain all rights, title, and interest in and to the Service, including the underlying software, documentation, and trademarks. No rights are granted except those expressly stated. Feedback you provide may be used by us without restriction or compensation.

9. Warranties and Disclaimers

We warrant that we will provide the Service in a professional manner consistent with industry standards and the Service Level Agreement. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI-GENERATED OUTPUTS MAY BE INACCURATE; YOU ARE RESPONSIBLE FOR REVIEWING OUTPUTS BEFORE RELYING ON THEM FOR ANY MATERIAL DECISION.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUE. EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification

You will defend, indemnify, and hold us harmless from any third-party claim arising out of (a) Customer Content, (b) your use of the Service in violation of these Terms or applicable law, or (c) calls placed or received through your account. We will defend you against any third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes such third party’s intellectual-property rights.

12. Term and Termination

These Terms remain in effect while you have an account. Either party may terminate for material breach not cured within thirty (30) days of written notice. You may cancel your subscription at any time from the dashboard, effective at the end of the current billing period. Upon termination, we will delete or return Customer Content as set out in the Privacy Policy and the Data Processing Addendum.

13. Modifications

We may update these Terms from time to time. Material changes will be announced by email or through the dashboard at least fifteen (15) days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The exclusive venue for any dispute will be the state and federal courts located in New Castle County, Delaware, and each party consents to personal jurisdiction there. Customers based in the European Economic Area or United Kingdom may rely on mandatory consumer-protection laws of their place of residence where applicable.

15. Miscellaneous

These Terms, together with the Privacy Policy, Acceptable Use Policy, Data Processing Addendum, and Service Level Agreement, are the entire agreement between the parties and supersede all prior agreements regarding the Service. If any provision is held unenforceable, the remaining provisions will continue in full force. Neither party’s failure to enforce any right is a waiver of that right. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16. Contact

Questions about these Terms can be sent to legal@receptionistoncall.com or to Receptionist On Call, Inc., 1209 Orange Street, Wilmington, DE 19801, United States.