Terms of Service

1. Acceptance of Terms

By accessing or using CallWaiting.ai (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms. If you do not agree, do not use the Service.

2. Description of Service

CallWaiting.ai provides AI-powered phone answering, call routing, appointment scheduling, SMS follow-up, and call analytics for local businesses. The Service uses artificial intelligence and large language models to handle inbound calls on your behalf. CallWaiting.ai is not a licensed answering service bureau and does not provide human operators.

3. Account Registration

You must create an account to use the Service. You agree to provide accurate, complete, and current information during registration and to keep this information updated. You are responsible for all activity that occurs under your account. You must notify us immediately at hello@callwaiting.ai if you suspect unauthorized access to your account.

4. Subscription Plans and Billing

• Starter: $99/month per location - up to 200 calls/month.
• Standard: $149/month per location - up to 500 calls/month.
• Pro: $299/month per location - Unlimited calls/month, includes SMS follow-ups.
• Enterprise: Custom pricing - contact us for volume and multi-location plans.

Subscriptions are billed monthly in advance. All fees are non-refundable except as required by law or as stated in our refund policy. Overages beyond your plan's call limit are billed at $0.10 per call. We reserve the right to change pricing with 30 days' written notice.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right.
• Engage in deceptive, fraudulent, or misleading business practices.
• Record calls without proper consent disclosures as required by law.
• Transmit spam, unsolicited messages, or illegal communications via SMS.
• Interfere with or disrupt the integrity or performance of the Service.
• Reverse engineer, decompile, or attempt to extract source code from the Service.
• Resell or sublicense the Service without our written permission.

6. Call Recording Compliance

You are solely responsible for complying with all applicable call recording laws in your jurisdiction, including state wiretapping statutes and the Electronic Communications Privacy Act (ECPA). Many states, including California, require all-party consent for call recording. By enabling call recording, you agree to implement appropriate caller disclosures and to indemnify CallWaiting.ai for any claims arising from your failure to comply.

7. AI Limitations and No Warranty

The Service uses AI technology that may make errors, misunderstand callers, or provide inaccurate information. You acknowledge that:

• AI responses are not guaranteed to be accurate, complete, or appropriate for every situation.
• The AI may fail to handle emergency calls correctly - you must configure appropriate escalation paths for emergencies.
• CallWaiting.ai does not guarantee that all calls will be answered or handled correctly.

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLWAITING.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless CallWaiting.ai and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; or (d) any content or scripts you configure in the Service.

10. Intellectual Property

CallWaiting.ai and its underlying technology, trademarks, logos, and content are owned by CallWaiting.ai. Nothing in these Terms grants you a license to use our intellectual property other than as necessary to use the Service. You retain ownership of any content or scripts you provide to configure your AI receptionist.

11. Termination

You may cancel your subscription at any time from your account dashboard. Cancellation takes effect at the end of your current billing period. We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or fail to pay amounts due. Upon termination, your access to the Service will cease and your data will be deleted within 60 days.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of California without regard to conflict of law principles. Any dispute arising from these Terms or the Service shall be resolved by binding arbitration in Los Angeles County, California, under the rules of the American Arbitration Association. You waive any right to a jury trial or class action.

13. Changes to Terms

We may modify these Terms at any time. We will provide at least 14 days' notice of material changes via email or dashboard notification. Your continued use of the Service after the effective date of updated Terms constitutes acceptance.