These Terms of Service ("Terms") form a legally binding agreement between you ("Customer" or "you") and Revenue Automation Systems, operated by [Legal Entity Name], a [State] [corporation/LLC] ("RAS," "we," "us," or "our"), governing your access to and use of our website, software, AI call-handling services, and related products (collectively, the "Service").
1. Acceptance of Terms
By creating an account, accessing the Service, or clicking a button or checkbox indicating acceptance, you agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity. If you do not have such authority or do not agree, you may not use the Service.
2. The Service
RAS provides AI-powered call intake software that answers inbound phone calls placed to a phone number designated by the Customer, captures information from callers, generates transcripts and summaries, and forwards lead information to the Customer through email, text, dispatch software, or other configured channels.
We may modify, add, or remove features at any time, provided that we will not materially decrease the core functionality of any plan you have prepaid for during your then-current subscription term.
3. Eligibility & Account Registration
You must be at least 18 years old and able to form a legally binding contract. The Service is offered only to legal businesses operating in the United States. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for safeguarding your credentials and for all activity occurring under your account.
4. Fees, Billing & Renewal
Fees. You agree to pay the fees described in your order, plan page, or signed proposal. Unless otherwise stated, fees are billed in advance on a [monthly / annual] basis and are non-refundable except as required by law.
Auto-renewal. Subscriptions automatically renew at the then-current rate at the end of each billing period unless you cancel before renewal in accordance with these Terms.
Taxes. Fees are exclusive of applicable sales, use, or other taxes, which you are responsible for paying.
Late payments. Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law. We may suspend the Service for non-payment after notice.
Price changes. We may change pricing on at least 30 days' notice. Changes take effect at the start of your next renewal term.
5. Acceptable Use
You agree not to, and not to allow any third party to:
- Use the Service in violation of any law, including laws governing telemarketing, robocalls, recording, consumer protection, or privacy.
- Use the Service to send unsolicited messages or to engage in deceptive, harassing, or fraudulent conduct.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except as expressly permitted by law.
- Resell, sublicense, or commercially exploit the Service without our written authorization.
- Upload or transmit malicious code, viruses, or other harmful technology.
- Interfere with or disrupt the Service, our infrastructure, or other users.
- Use the Service to collect health, financial, or other sensitive information except in accordance with applicable law and a separate agreement with us where required.
6. Customer Compliance Obligations (TCPA & Call Recording)
You are responsible for legal compliance on your phone lines. You acknowledge that the Service handles inbound calls placed to phone numbers you control. You are responsible for ensuring that:
- Calls are recorded, transcribed, and processed by an AI assistant in compliance with all applicable federal and state laws, including the Federal Wiretap Act, the Telephone Consumer Protection Act ("TCPA"), and all-party-consent state recording laws (e.g., California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington).
- Any required disclosures (including notice that the call is being recorded and/or handled by an automated assistant) are made.
- Any outbound communications, including text or call follow-ups, comply with TCPA, CAN-SPAM, state telemarketing laws, and applicable consent requirements.
- You have all necessary rights, consents, and notices to provide End User information to us for processing.
RAS provides the AI assistant as a tool. You are the controller of the phone line and the relationship with the End User.
7. Customer Data & Lead Information
Ownership. As between you and us, you own all data you submit to the Service and all lead and call data captured on your behalf ("Customer Data"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and use Customer Data solely as necessary to provide and improve the Service, comply with law, and as otherwise permitted by these Terms and our Privacy Policy.
Aggregated/de-identified data. We may use de-identified or aggregated data derived from Customer Data for analytics, model training, benchmarking, and product improvement.
Your responsibility. You are responsible for the accuracy, quality, legality, and appropriateness of Customer Data and your use of the Service.
8. Third-Party Services & Integrations
The Service may rely on or integrate with third-party services, including telephony providers, AI/transcription providers, payment processors, and dispatch tools (e.g., ServiceTitan, Housecall Pro, Jobber). Your use of those third-party services is subject to their own terms and privacy policies. We are not responsible for third-party services and disclaim all liability arising from your use of them.
9. Intellectual Property
RAS and its licensors own all right, title, and interest in and to the Service, including all software, models, trademarks, and content (other than Customer Data). Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription term.
Feedback. If you provide suggestions, feedback, or ideas about the Service, we may use them without obligation to you.
10. Confidentiality
Each party agrees to protect the other's confidential information using at least the same degree of care it uses to protect its own confidential information of like kind, and in any case no less than reasonable care, and to use confidential information only as necessary to perform under these Terms. Confidential information does not include information that is publicly available or independently developed without reference to the other party's confidential information.
11. AI Disclaimers & No Warranties
The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, RAS disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
Without limiting the foregoing, you acknowledge that the Service uses artificial intelligence and automated systems. AI output may contain errors, omissions, or inaccuracies. RAS does not warrant that:
- Every call will be answered correctly or completely.
- Transcripts or summaries will be free of errors.
- The Service will be uninterrupted, timely, secure, or error-free.
You are responsible for reviewing AI output before relying on it for business decisions, scheduling, or customer communications.
12. Limitation of Liability
To the maximum extent permitted by law, in no event will RAS or its affiliates, officers, employees, or agents be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost business opportunities, or loss of data, arising out of or relating to these Terms or the Service, even if advised of the possibility of such damages.
RAS's total cumulative liability arising out of or relating to these Terms or the Service will not exceed the fees you paid to RAS in the twelve (12) months immediately preceding the event giving rise to the claim, or one hundred U.S. dollars ($100), whichever is greater.
Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
13. Indemnification
You will defend, indemnify, and hold harmless RAS and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your Customer Data; (c) your violation of these Terms or any law (including TCPA or call-recording laws); or (d) your violation of any rights of a third party.
14. Term & Termination
These Terms remain in effect while you have an active subscription. Either party may terminate at the end of any billing period by providing written notice before the renewal date. We may suspend or terminate the Service immediately if you breach these Terms, fail to pay fees, or use the Service in a manner that creates legal or security risk.
Upon termination, your right to access the Service ends. Sections that by their nature should survive termination (including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of [State], without regard to conflict-of-laws principles.
Informal resolution. Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute within 60 days.
Binding arbitration. Any dispute that cannot be resolved informally will be resolved by final, binding arbitration administered by [JAMS / AAA] under its applicable rules, conducted in [City, State]. Judgment on the award may be entered in any court of competent jurisdiction.
Exceptions. Either party may bring an action in small-claims court, or seek injunctive or equitable relief in court for intellectual property infringement or unauthorized use of the Service.
16. Class Action Waiver
You and RAS agree that disputes will be resolved on an individual basis only. You waive any right to participate in a class action, class arbitration, or representative proceeding.
17. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Service. Continued use after the effective date of the updated Terms constitutes acceptance.
18. General Provisions
- Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and us regarding the Service and supersede prior agreements on the subject.
- Severability. If any provision is unenforceable, the remaining provisions remain in effect.
- No waiver. Our failure to enforce any right is not a waiver.
- Assignment. You may not assign these Terms without our consent. We may assign without restriction.
- Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
- Notices. Notices to you may be sent by email to the address on file. Notices to us must be sent to [email protected].
19. Contact
Email: [email protected]
Mail: [Legal Entity Name], [Mailing Address]