Terms of Service

By accessing or using OnCallClerk's AI phone service (the 'Service'), you agree to be bound by these Terms of Service ('Terms'). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service, whether as individuals or on behalf of an organization.

We reserve the right to update these Terms at any time. We will notify you of any material changes by email or through the Service. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

AI Phone Service

OnCallClerk provides an AI-powered phone answering service that handles incoming calls, takes messages, schedules appointments, and performs other call-related tasks as configured by you.

Service Availability

We strive to maintain 99.9% uptime but cannot guarantee uninterrupted service. Scheduled maintenance will be announced in advance when possible.

Service Modifications

We may modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice for significant changes that affect your use of the Service.

Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Lawful Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not use the Service for any illegal, harmful, or abusive activities.

Content Responsibility

You are solely responsible for any content, information, or data you provide through the Service, including call scripts, greetings, and business information.

Prohibited Activities

You may not: (a) attempt to gain unauthorized access to the Service; (b) interfere with or disrupt the Service; (c) use the Service to harass, abuse, or harm others; (d) violate any applicable laws or regulations.

Subscription Fees

You agree to pay all fees associated with your chosen subscription plan. Fees are billed in advance on a monthly or annual basis as selected.

Usage-Based Charges

Additional charges may apply for usage that exceeds your plan limits, such as extra call minutes or premium features.

Payment Methods

You must provide a valid payment method and authorize us to charge all fees to that payment method. You are responsible for keeping your payment information current.

Refunds and Cancellation

You may cancel your subscription at any time. Cancellations take effect at the end of your current billing period. We do not provide refunds for partial months or unused services.

Data Processing

We process call data, recordings, and transcripts to provide the Service. Our use of your data is governed by our Privacy Policy, which is incorporated into these Terms.

Data Security

We implement industry-standard security measures to protect your data, including encryption in transit and at rest.

Data Retention

We retain call recordings and data according to your configured retention settings and as required by law. You can request data deletion at any time.

Compliance

You are responsible for ensuring your use of the Service complies with applicable privacy laws and regulations, including obtaining necessary consents for call recording.

Our IP Rights

The Service and its original content, features, and functionality are owned by OnCallClerk and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Content

You retain ownership of any content you provide through the Service. By using the Service, you grant us a license to use your content solely to provide the Service.

Feedback

Any feedback, suggestions, or improvements you provide about the Service may be used by us without restriction or compensation.

Service Warranty

The Service is provided 'as is' without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

AI Limitations

Our AI technology, while advanced, may not always provide perfect responses. You acknowledge that AI-generated responses may contain errors or inaccuracies.

Third-Party Services

The Service may integrate with third-party services. We are not responsible for the availability, accuracy, or reliability of third-party services.

Limitation of Liability

In no event shall OnCallClerk be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data, arising from your use of the Service.

Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting our support team.

Termination by Us

We may terminate or suspend your account immediately if you breach these Terms or engage in prohibited activities.

Effect of Termination

Upon termination, your right to use the Service will cease immediately. We may delete your account data after a reasonable period, subject to legal retention requirements.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms or your use of the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Class Action Waiver

You agree that any arbitration or legal proceeding will be conducted on an individual basis and not as part of a class action or collective proceeding.