Terms of Service

Effective Date: January 1, 2025
Last Updated: December 22, 2024

Agreement

By using NearMeCalls, you agree to these terms. If you don't agree, don't use the service.

What NearMeCalls Provides

We provide:

• AI phone receptionist that answers your business calls
• Automatic appointment scheduling
• Email confirmations to customers
• Call transcripts and summaries
• Google Calendar integration
• Dashboard for managing appointments

Account Requirements

To use NearMeCalls:

• Be at least 18 years old
• Run a legitimate business
• Provide accurate information
• Comply with applicable laws

You're responsible for:

• Keeping your password secure
• All activity on your account
• Notifying us of unauthorized access

Acceptable Use

Allowed:

• Use the service for your legitimate business
• Schedule appointments for customers
• Store customer information for appointments
• Integrate with your business tools

Not Allowed:

• Illegal activities or fraud
• Spam or harassment
• Impersonating others
• Hacking or disrupting the service
• Violating call recording laws
• Using for prohibited industries without approval

Call Recording Compliance

Requirements:

• Inform callers that calls may be recorded
• In some states, get caller consent before recording
• Follow TCPA regulations for phone calls
• Follow federal and state telecommunications laws

We provide:

• Tools to add consent messages
• Recording on/off controls
• Guidance on requirements

You're responsible for:

• Determining which laws apply
• Configuring consent properly
• Legal consequences of non-compliance

TCPA Compliance: The Telephone Consumer Protection Act (TCPA) prohibits unsolicited robocalls. NearMeCalls is for INBOUND calls only - we answer calls customers make to YOUR business.

Pricing and Billing

Subscription:

• Pricing displayed at time of signup
• Monthly or annual billing options
• Automatic renewal unless you cancel
• 14-day money-back guarantee (first month only)

Cancellation:

• Cancel anytime in Dashboard → Account Settings
• Service continues until end of billing period
• No refund for partial months
• Data export available for 30 days after cancellation

Failed Payments:

• 7-day grace period to update payment method
• Service suspended after 7 days
• Account deleted after 30 days of non-payment

Service Availability

What to expect:

• We strive for high reliability and uptime
• Occasional downtime for scheduled maintenance
• Dependency on third-party services (Google, SendGrid, Vapi)
• Best-effort support response times

We're not liable for:

• Service interruptions or outages
• Third-party service failures
• Lost business due to downtime
• Data loss (you should maintain backups)

Data Ownership

You own:

• All customer data you provide
• Call recordings and transcripts
• Appointment records
• Revenue information

We own:

• The NearMeCalls platform and software
• AI models and technology
• Brand names and trademarks
• Documentation and training materials

License:

• You give us permission to store and process your data to provide the service
• We can use anonymized, aggregated data to improve the service
• We won't sell your data or use it for advertising

AI Limitations

The AI may:

• Misunderstand customer requests
• Make scheduling mistakes
• Provide incorrect information
• Fail to handle complex situations

You acknowledge:

• AI technology has inherent limitations
• You should review important interactions
• Human oversight is recommended for critical appointments
• We're not liable for AI errors or miscommunications

Support

Email Support (all users):

• Response within 24-48 hours (business days)
• Email: [email protected]

Dashboard Help:

• Help Center with guides and FAQs
• Feature tutorials and documentation

Liability Limits

We're not liable for:

• Indirect or consequential damages
• Lost profits or business opportunities
• Damages exceeding what you paid us in the last 12 months
• AI errors or miscommunications
• Third-party service failures
• Customer disputes arising from your business

Service provided "AS IS":

• No guarantee of 100% accuracy or reliability
• No warranty of fitness for your specific purpose
• No guarantee of uninterrupted service
• You use the service at your own risk

Termination

You can cancel anytime:

• Dashboard → Account Settings → Cancel Subscription
• Email [email protected]
• Service ends at end of current billing period

We can terminate if:

• You violate these terms
• You engage in illegal activity
• You don't pay your bill after grace period
• You abuse the service or harm other users

After termination:

• You have 30 days to export your data
• All data permanently deleted after 30 days
• No refund for remaining time (except 14-day guarantee)
• Outstanding balances immediately due

Dispute Resolution

If there's a problem:

1. Contact us first: Email [email protected]
2. Good faith negotiation: We'll try to resolve it together
3. Legal action: If we can't resolve it, you may pursue legal action

Legal provisions:

• These terms are governed by the laws of the United States
• You agree to resolve disputes individually (not class action)
• Each side pays their own attorney fees
• Any legal action must be brought within 1 year of the issue arising

Indemnification

You agree to protect NearMeCalls from:

• Claims arising from your use of the service
• Your violation of these terms
• Your violation of applicable laws
• Customer disputes related to your business
• Your failure to comply with call recording laws

This includes covering legal fees and any judgments or settlements.

Changes to Terms

We may update these terms:

• We'll email you 30 days before changes take effect
• Notice will also appear in the dashboard
• Continued use means you accept changes
• You can cancel if you don't agree with changes

Google Calendar Integration

By connecting Google Calendar:

• You authorize us to create, read, update, and delete calendar events
• We can access your calendar availability
• You can revoke access anytime through Google account settings
• We only modify events created by NearMeCalls

Disconnecting Google Calendar will disable appointment scheduling features.

Third-Party Services

We integrate with third-party services:

• Google (calendar)
• SendGrid (email)
• Vapi (phone calls)
• Payment processors

Each has their own terms and privacy policies. We're not responsible for third-party practices or outages.

Intellectual Property

You may not:

• Copy, modify, or reverse engineer our software
• Use our trademarks without permission
• Create derivative works
• Resell or sublicense the service

Data Export

Before canceling or if your account is terminated:

You can export:

• Customer contact information (CSV)
• Appointment history (CSV)
• Call transcripts (PDF/TXT)
• Revenue reports (PDF/CSV)

How to export:

• Dashboard → Settings → Export Data
• Email [email protected] for assistance
• Must be done within 30 days of cancellation

Prohibited Industries

Without prior written approval, you may not use NearMeCalls for:

• Adult entertainment or dating services
• Illegal activities or controlled substances
• Get-rich-quick schemes or pyramid schemes
• Gambling or casinos
• Weapons or ammunition sales

Contact [email protected] if you operate in a regulated industry and want to discuss compliance options.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NearMeCalls. They supersede any prior agreements or understandings.

Severability

If any provision is found invalid or unenforceable:

• The remaining provisions stay in effect
• The invalid provision will be modified to be enforceable
• The intent of the original provision will be preserved

Contact Information

General Support:

• Email: [email protected]
• Dashboard: Help Center

Billing Questions:

• Email: [email protected] (subject: Billing)

Legal Notices:

• Email: [email protected] (subject: Legal)

Privacy Requests:

• Email: [email protected] (subject: Privacy Request)