Terms of Service

1. Introduction and Agreement

These Terms of Service ("Terms") govern your access to and use of the AI Receptionist services, website (https://aimaxsolution.com), software, and related features (collectively, the "Service") provided by AI Max Solution ("Company," "we," "us," or "our"). "You" or "Client" refers to the individual or entity registering for or using the Service.

These Terms, together with our Privacy Policy (available here), constitute a legally binding agreement between you and the Company. By creating an account, clicking "I Agree," or by accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.

2. Description of Service

AI Max Solution provides an AI-powered virtual receptionist service designed primarily for home service businesses. The Service includes features such as: Answering incoming phone calls using an AI agent; Gathering caller information; Handling frequently asked questions; Qualifying leads; Optional call recording and transcription; Generating call summaries; Providing access to customer database/CRM features; Sending notifications via email and/or SMS (for applicable plans); Providing a dedicated phone number.

Features, minute allocations, and specifics may vary depending on your selected subscription plan, detailed on our pricing page (available here).

3. Account Registration and Security

You agree to:

• Provide accurate, current, and complete Registration Data.
• Maintain the security of your password and identification.
• Maintain and promptly update Registration Data.
• Accept all risks of unauthorized access to your data.
• Be responsible for all activities under your account.

4. Fees, Payment, and Billing

• Subscription Fees: You agree to pay all fees for your chosen plan plus applicable taxes, typically billed in advance (monthly/annually).
• Setup Fee: A non-refundable one-time setup fee applies as specified on the pricing page.
• Minute Usage: Plans include minute allocations. Rollover may apply per pricing page terms. Exceeding limits may require plan upgrades or incur overage charges.
• Payment Method: You must provide a valid payment method via our third-party processor and authorize charges.
• Billing Cycle: Subscriptions auto-renew unless cancelled per Section 9.
• Price Changes: We reserve the right to change fees with reasonable notice (e.g., 30 days), effective next billing cycle.
• Late Payments: May incur interest or lead to service suspension/termination.
• Refunds: Generally non-refundable, except as explicitly stated otherwise (e.g., specific guarantee period).

5. Acceptable Use Policy

You agree not to use the Service for unlawful or prohibited purposes, including:

• Violating any applicable law or regulation (including call recording, TCPA, GDPR).
• Harassing, abusing, stalking, threatening, or defaming others.
• Transmitting illegal, fraudulent, discriminatory, or offensive material.
• Sending spam or unsolicited messages.
• Attempting unauthorized access to the Service or related systems.
• Interfering with the Service's integrity or performance.
• Reverse engineering or attempting to discover source code/algorithms.

6. Client Responsibilities

You are solely responsible for:

• Providing accurate configuration information for the AI.
• The legality of data and instructions provided to the Service.
• Complying with all laws regarding call recording and obtaining necessary caller consents *before* using recording features.
• Managing and safeguarding call data (recordings, transcripts, etc.) received through the Service according to privacy laws.
• Ensuring the accuracy of the phone number provided for SMS notifications.
• The outcomes and interactions resulting from calls handled by the AI.

7. Intellectual Property Rights

• Our IP: The Service, software, AI models, and original content are the exclusive property of AI Max Solution and its licensors, protected by copyright and other laws. Our trademarks may not be used without prior written consent.
• Your Data: You retain ownership of your specific Client Data (call recordings, transcripts, summaries, customer info generated for you).
• License to Us: You grant us a worldwide, non-exclusive, royalty-free license to use Client Data solely to provide, maintain, and improve the Service for you, and as permitted by our Privacy Policy (e.g., anonymized data for AI training).
• Feedback: We may use any Feedback you provide freely without obligation to you.

8. Confidentiality

Each party agrees to treat the other's Confidential Information with reasonable care and not disclose it to third parties except as permitted by these Terms or required by law.

9. Term and Termination

• Term: Begins upon acceptance and continues while you have an active subscription.
• Cancellation by You: Cancel anytime via account settings or contacting support. Cancellation is effective at the end of the current billing period. No partial refunds.
• Termination/Suspension by Us: We may suspend or terminate your access immediately, with or without notice, for violation of Terms, non-payment, security risks, or illegal activity.
• Effect of Termination: Your right to use the Service ceases. We have no obligation to maintain Client Data post-termination (except as required by law). Surviving sections include Fees, IP, Confidentiality, Disclaimers, Liability Limitations, Indemnification, Governing Law, and Dispute Resolution.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

AI MAX SOLUTION DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT RESULTS (AI RESPONSES, SUMMARIES, TRANSCRIPTIONS) WILL BE ACCURATE, COMPLETE, OR RELIABLE.

YOU ACKNOWLEDGE THE AI RECEPTIONIST IS AN AUTOMATED TOOL AND MAY MAKE ERRORS. AI MAX SOLUTION IS NOT RESPONSIBLE FOR BUSINESS DECISIONS OR MISSED OPPORTUNITIES BASED ON SERVICE USE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AI MAX SOLUTION AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, GOODWILL, DATA) ARISING FROM THE USE OR INABILITY TO USE THE SERVICE, UNAUTHORIZED ACCESS, THIRD-PARTY CONDUCT, CONTENT ERRORS, OR ANY OTHER SERVICE-RELATED MATTER.

IN NO EVENT SHALL AI MAX SOLUTION's TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT GIVING RISE TO LIABILITY.

12. Indemnification

You agree to defend, indemnify, and hold harmless AI Max Solution and its affiliates from any claims, liabilities, damages, losses, costs (including attorneys' fees) arising from your violation of these Terms, your use of the Service (including Client Data), or your violation of any applicable laws (including call recording consent).

13. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by the laws of the State of Michigan and the United States, without regard to conflict of law principles.

14. Changes to Terms

We reserve the right to modify these Terms at any time. If changes are material, we will provide at least 30 days' notice before they take effect (via email or in-service notification). Continued use after revisions become effective constitutes agreement to the new terms.