Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Call Recovery Services LLC ("Call Recovery," "we," "us," or "our") regarding your use of our AI-powered call answering and appointment booking service (the "Service").

By signing up for, accessing, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

2. Service Description

Call Recovery provides an AI-powered call answering service specifically designed for HVAC businesses. Our Service includes:

• 24/7 automated call answering
• Appointment booking and calendar integration
• Emergency call triage and live transfer capabilities
• Call recording, transcription, and reporting
• SMS confirmations and reminders

3. Eligibility

You must be at least 18 years old and have the authority to enter into this agreement on behalf of your business. By using our Service, you represent and warrant that you meet these requirements.

4. Account Registration and Security

4.1 Account Creation

To use our Service, you must create an account by providing accurate, complete, and current information. You agree to update your information promptly if it changes.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

4.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activity.

5. Pricing and Payment

5.1 Subscription Plans

We offer multiple subscription tiers with different features and pricing. Current pricing is available on our website. All fees are in U.S. dollars and exclude applicable taxes.

5.2 Billing

Subscription fees are billed monthly in advance. You authorize us to charge your payment method on file for all applicable fees. If payment fails, we may suspend your Service until payment is received.

5.3 Setup Fee

A one-time setup fee of $1,497 applies to certain plans. This fee may be waived during promotional periods.

5.4 Price Changes

We may change our pricing with 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5.5 Refunds

Subscription fees are non-refundable except as required by law or as specified in our Performance Guarantee (Section 6).

6. Performance Guarantee

We guarantee that our Service will book at least 10 qualified appointments for your business within the first 30 days of going live. If we fail to meet this guarantee:

• You may request a full refund of your first month's subscription fee, OR
• Receive your second month of service free of charge

Conditions:

• You must provide accurate business information and calendar access
• Your service area must receive a minimum of 50 inbound calls during the 30-day period
• You must respond to appointment requests within 24 hours
• Guarantee applies only to new clients on Managed or Pro plans

7. Client Responsibilities

You agree to:

• Provide accurate information about your business, services, and pricing
• Maintain an up-to-date calendar with accurate availability
• Respond promptly to booked appointments and customer inquiries
• Comply with all applicable laws regarding call recording and customer privacy
• Not use the Service for illegal, fraudulent, or abusive purposes
• Not attempt to reverse-engineer, copy, or replicate our AI technology

8. Call Recording and Consent

Important Legal Notice: All calls handled by our Service are recorded for quality assurance, training, and performance monitoring.

Your Obligations:

• You are responsible for complying with all federal, state, and local call recording laws
• You must obtain proper consent from callers as required by applicable law
• You acknowledge that call recording laws vary by jurisdiction and consent to seek legal advice

We provide tools to help you comply (such as automated consent messages), but ultimate legal responsibility rests with you.

9. Service Limitations and Disclaimers

9.1 AI Limitations

Our Service uses artificial intelligence technology. While we strive for accuracy, AI may occasionally:

• Misunderstand caller requests or provide incorrect information
• Fail to properly triage emergency situations
• Book appointments incorrectly or at unavailable times

We continuously monitor and improve our AI, but cannot guarantee 100% accuracy.

9.2 No Medical or Legal Advice

Our AI does not provide medical, legal, or diagnostic advice. Emergency situations requiring immediate professional judgment are transferred to your designated contact.

9.3 Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. We are not liable for service interruptions due to maintenance, technical issues, or circumstances beyond our control.

10. Intellectual Property

All content, features, and functionality of our Service (including but not limited to AI models, software, text, graphics, logos, and trademarks) are owned by Call Recovery and protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• CALL RECOVERY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR LOST REVENUE, LOST CUSTOMERS, OR BUSINESS INTERRUPTION RESULTING FROM SERVICE USE

Some jurisdictions do not allow limitation of liability for certain damages, so these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Call Recovery and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your failure to comply with call recording or privacy laws

13. Term and Termination

13.1 Term

These Terms remain in effect for as long as you use our Service.

13.2 Cancellation by Client

You may cancel your subscription at any time by providing 30 days' written notice. You remain responsible for all fees incurred through the end of your billing period.

13.3 Termination by Call Recovery

We may terminate your account immediately if you:

• Violate these Terms
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Use the Service in a manner that harms our business or reputation

13.4 Effect of Termination

Upon termination, your access to the Service will cease immediately. We will provide you with copies of your call recordings and data within 30 days. We may delete your data after 90 days.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally.

14.2 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules.

14.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in a class action lawsuit.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

16. Changes to Terms

We may modify these Terms at any time by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Notifying you via email (for material changes)

Your continued use of the Service after changes constitutes acceptance of the new Terms.

17. Miscellaneous

17.1 Entire Agreement

These Terms constitute the entire agreement between you and Call Recovery regarding the Service.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

18. Contact Information

If you have questions about these Terms, please contact us: