Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") form a binding agreement between First AI Employee LLC, a Wyoming limited liability company ("First AI Employee," "we," "us," or "our"), and the individual or entity that subscribes to or uses our services ("Customer," "you," or "your"). By creating an account, starting a trial, or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Service.

2. Definitions

"Service" means the AI-powered receptionist, front-desk, and communications service we provide, including answering calls, recording and transcribing calls, booking appointments, capturing and routing messages, answering caller questions based on information you provide, routing or transferring calls, and, depending on the plan and features you enable, exchanging two-way text (SMS) messages, operating a website chat agent, and drafting or sending replies to your online reviews and inbound email, together with the related dashboard, configuration tools, and reporting. The Service records calls and generates transcripts of them, with a disclosure at the start of each call. "Caller" means any person who places a call to a telephone number connected to your use of the Service, and "End User" means any person who calls, texts, chats with, reviews, or emails you through the Service. "Customer Content" means the business information, hours, pricing, scripts, FAQs, routing rules, and other materials you provide to configure the Service. "Account" means your registration and subscription with us.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for business use by Customers operating lawful businesses.

4. Description of the Service

First AI Employee provides a managed, AI-powered receptionist, front-desk, and communications service that answers inbound telephone calls on your behalf and, depending on the plan and features you enable, also exchanges two-way text messages, operates a website chat agent, and drafts or sends replies to your online reviews and inbound email, handling each according to the configuration we build with you. The Service uses artificial intelligence, including automated speech recognition, text-to-speech, and large language models, to converse with Callers and other End Users. We configure, train, and maintain the Service for you. The specific capabilities available to you depend on the plan and features you select (see Section 6). Features, capabilities, and supported integrations may change over time. The Service is not a telephone or messaging carrier; underlying telephony and messaging are provided by third parties (see Section 13).

5. Account Registration and Responsibilities

You agree to provide accurate, current, and complete information when registering and to keep it updated. You are responsible for the activity that occurs under your Account, for the accuracy of your Customer Content, and for maintaining the confidentiality of your credentials. You are responsible for the configuration choices you make or approve, including business hours, pricing quoted to Callers, appointment rules, and how urgent or emergency calls are handled.

6. Trial, Fees, Billing, and Cancellation

We offer a trial of the Service so you can evaluate it before subscribing, available once per customer. A valid payment method is required to start any trial. There are two trial options: (a) a free trial of the voice receptionist, capped at 300 minutes of call handling, provided at no charge, which does not include SMS or texting features; and (b) an upgraded trial that provides a full Basic-plan account (including up to 1,000 minutes of call handling) for a non-refundable thirty dollar ($30) activation fee that covers our work to submit and facilitate the one-time carrier (10DLC) registration needed for business texting. Each trial runs for seven (7) days beginning when you start it. Carrier/TCR approval is outside our control and is not guaranteed; if the registration cannot be completed, we will, at your option, refund the $30 or keep your account on the voice-only lane at no additional charge. The upgraded trial also comes with a fifty dollar ($50) credit applied to your first paid month upon subscribing. For the upgraded trial, all Basic features other than SMS and texting are available at the start of the trial; SMS and texting are enabled after the carrier (10DLC) registration clears, which may occur during the trial period, and the seven (7) day trial period runs from the start regardless. Unless you cancel before your seven (7) day trial period ends, the trial automatically converts into a paid subscription and your payment method is charged the then-current monthly fee: the free trial converts to the Essential plan, and the upgraded trial converts to the Basic plan (with the $50 credit applied). You may cancel at any time before the trial ends to avoid any charge; the $30 upgraded-trial activation fee is non-refundable because it covers work we perform on your behalf, except where we agree to refund it under the registration caveat above.

After the trial, or upon subscribing, the Service is billed monthly in advance according to the plan you select: Essential at $99 per month (including up to 300 minutes of call handling), Basic at $249 per month (including up to 1,000 minutes), Standard at $499 per month (2,500 minutes), and Enterprise at $999 per month (6,000 minutes). Minutes on all plans are metered with a reasonable built-in buffer. We do not bill surprise per-minute or overage charges. As you approach your monthly minute allowance we will reach out so you can upgrade. Overage is available only as an opt-in feature that is off by default; if you enable it, minutes beyond your allowance are billed at the then-current overage rate ($0.25 per minute as of these Terms; on the Enterprise plan, opt-in overflow is billed instead at $0.10 per minute and $0.05 per SMS segment), and if you do not enable it, we may pause or limit further call handling until the next billing cycle or an upgrade, rather than charging overage fees. Filtered spam and robocalls do not count against your minute allowance; if unfiltered spam is later detected and verified, we will credit those minutes 1:1 on all plans.

Subscriptions are month-to-month and renew automatically each month until cancelled. Payments are processed by our third-party payment processor; by providing payment information you authorize us and our processor to charge the applicable fees. Fees are exclusive of taxes, and you are responsible for any applicable sales, use, or similar taxes other than taxes on our net income. Except where required by applicable law, fees are non-refundable, including for partial billing periods; we do not offer a money-back guarantee. You may cancel at any time, effective at the end of the then-current billing period; cancellation stops future renewals but does not entitle you to a refund of amounts already paid. You can cancel yourself at any time from your account dashboard, with no call or email required. We may change our fees on at least thirty (30) days' notice; changes take effect at your next renewal.

Past-due amounts accrue a late charge equal to the lesser of one and one-half percent (1.5%) per month (eighteen percent (18%) per year) or the maximum rate permitted by applicable law, from the due date until paid in full. If your account becomes past due, you are responsible for our reasonable costs of collecting the unpaid amounts, including reasonable attorneys' fees, court costs, and collection-agency fees, and we may suspend the Service after notice until your balance is brought current.

7. Call Recording, Transcription, Monitoring, and Your Compliance Obligations

The Service records calls and generates transcripts of them. You are solely responsible for ensuring that your use of the Service, including any recording, monitoring, transcription, and the use of an automated/AI agent, complies with all laws applicable to you and to your Callers. These laws vary by jurisdiction and may include one-party and two-party (all-party) consent requirements, wiretapping and eavesdropping statutes, telemarketing and autodialing rules, and laws requiring disclosure that a caller is interacting with an artificial intelligence system. The Service states at the start of each call that the call is being recorded and transcribed and that the Caller is speaking with an AI, but you remain responsible for determining what disclosures and consents are legally required in every jurisdiction where you and your Callers are located, and for ensuring those requirements are met. You represent and warrant that you have obtained, and will maintain, all consents and provided all notices necessary for us to process calls and Caller data on your behalf. You agree to indemnify us for claims arising from your failure to meet these obligations (see Section 17).

Where you enable text messaging, you are responsible for complying with the laws and industry rules that govern business texting, including the Telephone Consumer Protection Act, the CTIA messaging principles, and carrier registration requirements (such as 10DLC), and for obtaining any consent those rules require before a message is sent. The Service honors standard opt-out keywords (such as STOP), but you remain responsible for lawful use and for honoring opt-out and do-not-contact requests. Where you enable review or email features, you are responsible for complying with the terms of any review or email platform you connect and with laws governing commercial email (such as the CAN-SPAM Act), and you agree not to use the Service to solicit, filter, gate, or otherwise manipulate reviews in a way that violates a platform's policies or applicable law. These obligations are in addition to the call-related obligations above, and the indemnity in Section 17 applies to all of them.

You will not direct the Service at, or knowingly use it to collect personal information from, children under 13 (or under the age your applicable law sets, such as 16 where required), and you are responsible for any children's-data obligations, for example under the Children's Online Privacy Protection Act, arising from your Callers or other End Users. The indemnity in Section 17 applies to claims arising from children's data collected through your use of the Service.

8. Not for Emergencies

The Service is not an emergency service and must not be relied upon to handle emergencies. It does not replace emergency telephone services (such as 911) or any urgent medical, safety, legal, or crisis response. You are responsible for configuring appropriate routing so that urgent or emergency calls reach a qualified human, and for informing your Callers how to reach emergency services directly. We are not liable for any outcome arising from reliance on the Service in an emergency.

9. No Professional Advice; Accuracy and Verification

The Service uses AI and may occasionally produce errors, omissions, or inaccurate information, including incorrect appointment details or inaccurate answers to Caller questions. Information conveyed by the Service is not legal, medical, financial, tax, or other professional advice, and the Service does not exercise professional judgment. The Service is a tool that supplements, and does not replace, your own staff and professional judgment. You are responsible for reviewing and verifying appointments, messages, and other outputs, and for any decisions made based on them. We do not warrant that the Service will be error-free.

10. Acceptable Use

You agree not to use the Service to: violate any law or third-party right; place or facilitate unlawful, deceptive, harassing, or unsolicited communications, including any use that violates telemarketing, robocalling, or do-not-call rules; impersonate another person or misrepresent your affiliation; transmit malware or interfere with the Service's operation; attempt to gain unauthorized access to the Service or its systems; reverse engineer, scrape, or resell the Service except as expressly permitted; benchmark the Service or use it for competitive analysis, or access or use the Service if you are, or are acting on behalf of, a competing provider of artificial-intelligence, voice-agent, or receptionist services; or use the Service to collect or process sensitive data in violation of law. We may suspend or terminate Accounts that we reasonably believe violate this Section.

No Protected Health Information. The Service is not designed for protected health information ("PHI") as defined by HIPAA. First AI Employee is not a "business associate" and does not offer a Business Associate Agreement. You must not use the Service to collect, process, store, or transmit PHI, and you agree not to use the Service on behalf of a HIPAA covered entity in connection with PHI.

11. Customer Content and License

You retain all rights in your Customer Content and in the data generated through your use of the Service (such as transcripts and messages associated with your Account) ("Customer Data"). You grant us a limited, non-exclusive license to host, process, transmit, and use Customer Content and Customer Data solely to provide, maintain, secure, and support the Service for you, and as described in our Privacy Policy. You represent that you have the rights necessary to provide the Customer Content and to authorize this processing.

To the extent you connect or authorize the Service to access your accounts, systems, or third-party tools (for example, a calendar, email, CRM, or field-service platform), you release First AI Employee and its officers, members, employees, and agents from all claims, whether known or unknown, arising from that access or from actions the Service takes within those systems on your instructions, except to the extent caused by our gross negligence or willful misconduct. If you are a California resident or your claim is governed by California law, you expressly waive California Civil Code Section 1542, which reads: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar provision of any other jurisdiction, and you intend this release to be as broad as applicable law permits.

12. Intellectual Property

The Service, including its software, models as deployed by us, designs, and documentation, and all related intellectual property, is and remains owned by us and our licensors. Except for the rights expressly granted to you to use the Service, no rights are transferred. You grant us a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable license to use, act on, and incorporate into the Service any feedback, suggestions, or ideas you provide, without obligation, attribution, or compensation to you.

13. Third-Party Services, Telephony, and Phone Numbers

The Service relies on third-party providers, including telephony and messaging carriers, speech and AI providers, payment processing, hosting, and, where you choose to connect them, calendar and scheduling tools. Your use of such third-party services may be subject to their own terms, and we are not responsible for third-party services or their availability. Where we provision a telephone number for your use, that number is provided through our telephony provider and is subject to its terms and to applicable regulatory requirements. On termination, your right to use any number provisioned through us ends; number portability, where available, is subject to carrier rules and any applicable fees, and you are responsible for initiating a port before termination if you wish to retain a number.

14. Service Availability and Maintenance

We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. The Service may be unavailable during maintenance, updates, or due to factors outside our control, including failures of third-party providers, networks, or telecommunications. We may modify, suspend, or discontinue features of the Service at any time.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT IT WILL MEET YOUR REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR LOST OR INACCURATE DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND YOUR INDEMNIFICATION OBLIGATIONS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY IN THE AGGREGATE AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TIME LIMIT ON CLAIMS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE EVENT GIVING RISE TO IT FIRST OCCURS. AFTER THAT PERIOD, THE CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED. THIS CONTRACTUAL LIMITATIONS PERIOD DOES NOT APPLY WHERE APPLICABLE LAW PROHIBITS SHORTENING IT.

17. Indemnification

You agree to defend, indemnify, and hold harmless First AI Employee and its officers, members, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Content; (b) your use of the Service; (c) your violation of these Terms or of any law, including call-recording, consent, AI-disclosure, telemarketing, or data-protection laws; and (d) any claim by a Caller or third party arising from your configuration or use of the Service.

You will pay the reasonable costs of defending against a covered claim promptly as they are incurred and upon our request. We may, at our option, assume and control the defense and settlement of any covered claim with counsel of our choosing, in which case you will cooperate with us as reasonably requested and at your expense. You may not settle any covered claim in a way that admits fault on our behalf, imposes any obligation, payment, or restriction on us, or requires any admission by us, without our prior written consent. This Section survives termination.

18. Term and Termination

These Terms apply while you use the Service. You may cancel as described in Section 6. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Service unlawfully, or if required by a third-party provider or by law. A violation of Section 7 (compliance), Section 10 (acceptable use), or your data-protection obligations permits immediate suspension or termination without a cure period. We may also suspend or terminate your Account immediately, without notice and without a cure period, if we reasonably suspect or have a good-faith belief that you are using, or attempting to use, the Service for any unlawful, fraudulent, deceptive, or abusive purpose, or in a manner that could expose us or any third party to liability; in that case we may also preserve relevant records and report the matter to the appropriate authorities. We may also decline to provide, or terminate, the Service for any Customer at our discretion on reasonable prior notice, or immediately where we determine that continued provision would create a legal, regulatory, or compliance risk (for example, a use that trends toward protected health information or another category the Service is not built for), including where we determine in good faith that the Service is not appropriate for your business or intended use. If we terminate for our own convenience under this discretionary right, and not because of your breach, we will refund any prepaid fees for the unused portion of your then-current billing period on a pro-rata basis. On termination, your right to use the Service ends. We will handle Customer Data following termination as described in our Privacy Policy, including deletion within 14 days after account termination, subject to the narrow retention carve-outs described there (records evidencing consent and opt-outs kept for compliance and the defense of legal claims, records under a legal hold or required by law, and billing and tax records). Sections that by their nature should survive termination (including Sections 7, 9, 11, 12, 15, 16, 17, and 19) survive.

19. Governing Law, Arbitration, and Dispute Resolution

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this Section.

Informal resolution first. Before starting an arbitration, the parties will try in good faith to resolve any dispute informally. You agree to send a written description of the dispute, and the relief you seek, to [email protected], and we will send ours to your Account email; if the dispute is not resolved within sixty (60) days, either party may begin arbitration. Completing this informal step is a condition to starting arbitration.

Binding individual arbitration. Except for the excluded claims below, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, or, where they apply, its Consumer Arbitration Rules, as modified by these Terms. The arbitration will be heard by a single arbitrator, conducted in English, and seated in Wyoming, and it may proceed by videoconference or on written submissions where the AAA rules allow. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action and jury-trial waiver. To the fullest extent permitted by law, all disputes will be resolved on an individual basis. You and we each waive any right to a trial by jury and any right to bring, join, or participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding.

Excluded claims. Nothing in this Section prevents either party from bringing an individual claim in a small-claims court of competent jurisdiction, so long as it stays in that court and proceeds on an individual basis, or from seeking injunctive or other equitable relief in court to stop the actual or threatened infringement, misappropriation, or violation of its intellectual property or confidential information.

Your right to opt out. You may opt out of this arbitration agreement within thirty (30) days after you first accept these Terms by emailing [email protected] with your name, your Account, and a clear statement that you opt out of arbitration. Opting out affects only the arbitration agreement in this Section; the rest of these Terms still apply.

Severability. If the class-action and representative-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and decided in a court of competent jurisdiction while the remaining claims proceed in arbitration. If the entire arbitration agreement is found unenforceable, or if you opt out, the parties consent to the exclusive jurisdiction of the state and federal courts located in Wyoming and waive any objection to venue there.

20. Changes to the Service and to These Terms

We may modify these Terms from time to time. We will notify active Customers of material changes by email or through the Service at least fifteen (15) days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to a change, you must stop using the Service and may cancel.

21. Miscellaneous

These Terms, together with our Privacy Policy and any order or signup, are the entire agreement between the parties regarding the Service and supersede prior agreements on that subject. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. Notices to you may be sent by email or through the Service.

22. Contact