Terms of Service

These Terms of Service ("Terms") govern your access to and use of YourCallAgent (the "Service"), operated by YourCallAgent ("we", "our", or "us"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

YourCallAgent provides software that lets businesses deploy AI-powered voice agents to answer inbound phone calls, qualify leads, capture caller information, book appointments, and transfer calls. The Service integrates with third-party providers including Retell AI (voice infrastructure), Google (Drive and Calendar), Supabase (data storage and authentication), Cloudflare (hosting), and Resend (email).

You must be at least 18 years old and legally capable of entering into a binding contract. By using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.

You are responsible for keeping your account credentials secure and for all activity that happens under your account. You agree to provide accurate information and to keep it up to date. Notify us promptly of any unauthorized use of your account.

You agree not to use the Service to:

• Violate any law or regulation, including telecommunications, consumer protection, and privacy laws.
• Send unsolicited calls or messages that violate the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the CAN-SPAM Act, GDPR, or analogous laws in any jurisdiction where your callers reside.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Use the Service to harass, defraud, deceive, or threaten any person.
• Reverse-engineer, decompile, or attempt to extract the source code of the Service, except to the extent expressly permitted by applicable law.
• Interfere with or disrupt the Service, the servers or networks that host the Service, or any third-party integrations.
• Use the Service to build a competing product or to train a machine-learning model that competes with the Service.

You are solely responsible for ensuring that your use of AI voice agents complies with all applicable laws. This includes, without limitation:

• Disclosure of AI: Disclosing to callers that they are speaking with an AI system, when required by law (e.g., certain U.S. states, California Bot Disclosure Law, the EU AI Act).
• Call recording consent: Obtaining any consent required under one-party or two-party consent laws applicable to the caller's location and yours.
• Outbound calling consent: If you use the Service for any outbound calling, obtaining prior express written consent under TCPA and analogous laws, and honoring opt-out and do-not-call requests.
• Truthful representations: Configuring your agent so it does not make false or misleading statements about your goods, services, or affiliation.

We provide tools; you provide the prompts, the knowledge base content, the phone numbers, and the calling decisions. Compliance is your responsibility.

"Your Content" means any content you submit to the Service, including agent prompts, knowledge base entries, files from connected Google Drive folders, business information, and any data captured during calls. You retain all rights to Your Content.

You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Your Content solely to provide and improve the Service for you. We do not sell Your Content or use it to train general-purpose AI models.

You represent and warrant that you have all necessary rights to Your Content and that Your Content does not infringe any third-party rights or violate any law.

The Service relies on third-party providers. Your use of those providers through the Service is also subject to their terms and policies, including Retell AI, Google (Drive, Calendar, OAuth), Supabase, Cloudflare, and Resend. We are not responsible for third-party services and disclaim liability for their acts and omissions.

If a paid plan applies to your account, you agree to pay all fees on the terms described at signup or in your order form. Fees are non-refundable except where required by law. We may change pricing on at least 30 days' notice. Late payments may result in suspension or termination.

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or use the Service in a way that creates legal or operational risk for us or others. On termination, your right to access the Service ends; we may delete Your Content after a reasonable retention window unless required by law to retain it.

The Service is provided "AS IS" and "AS AVAILABLE"without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, uptime, or the suitability of any AI-generated output. AI voice agents may produce inaccurate, inappropriate, or unexpected output. You are responsible for reviewing your agent's behavior and configuration.

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenues, lost data, or business interruption, arising out of or relating to the Service.

Our aggregate liability for any claim arising out of or relating to the Service is limited to the greater of (a) the amount you paid us for the Service in the 12 months preceding the event giving rise to liability, or (b) USD $100.

You agree to defend, indemnify, and hold harmless YourCallAgent and its officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; (d) your violation of any law or regulation, including telecommunications, consumer protection, or privacy laws; or (e) any claim by a caller or third party arising from your use of an AI voice agent.

We may modify the Service or these Terms at any time. If we make a material change to these Terms, we will give you notice by email or in-product notice at least 14 days before the change takes effect. Continued use of the Service after a change becomes effective constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the arbitration seated in Wilmington, Delaware. You and we waive any right to a jury trial and to participate in a class action.

These Terms are the entire agreement between you and us about the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a right does not waive that right. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Questions about these Terms? Contact us at support@yourcallagent.com.