Client User Agreement / Terms of Service
IMPORTANT NOTICE:
By accessing, using, or continuing to use any services provided by CustomWeb AI ("Provider"), you ("Client") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service. If you do not agree, you must not use the services.
1. Services
Provider offers AI-powered call assistants and related services, including but not limited to:
- AI inbound call answering
- Appointment booking
- Message taking and call summaries
- Business-hours call handling
Provider does not engage in price negotiations, sales closing, or revenue guarantees.
2. Pricing & Usage
Provider offers the following subscription plans. All plans include inbound AI call handling and core features. All pricing is custom — exact rates are agreed upon during onboarding.
Monthly Plans:
- Day-to-Day: Custom pricing — includes a agreed number of AI talk time minutes; custom per-minute overage rate
- Busy Hours: Custom pricing — includes an agreed number of AI talk time minutes; custom per-minute overage rate
Annual Plans:
- Day-to-Day: Custom pricing — includes an agreed number of AI talk time minutes; custom per-minute overage rate
- Busy Hours: Custom pricing — includes an agreed number of AI talk time minutes; custom per-minute overage rate
Overage Fees: Usage beyond the included minutes is billed at the per-minute rate agreed upon during onboarding.
All fees are billed in advance or arrears as determined by Provider. Prices are subject to change with notice.
3. Usage Overage & Spending Limits (IMPORTANT)
- Client may request a hard usage cap on AI talk-time minutes at any time by submitting a written request to the Provider.
- If a usage cap is requested and implemented, AI services will pause once the cap is reached.
- If Client does NOT request a usage cap:
- Client knowingly accepts the risk of excess usage
- Client is fully responsible for all overage charges incurred
- Client agrees not to sue, dispute, or hold Provider liable for financial losses, missed opportunities, or unexpected charges resulting from overage usage
- Failure to request a usage cap constitutes explicit acceptance of unlimited usage billing risk.
4. No Revenue Guarantee
Provider makes no guarantees regarding:
- Increased revenue or profits
- Lead conversion
- Sales or marketing performance
- Business growth or outcomes
Results depend on factors outside Provider's control.
5. AI Disclaimer
Client acknowledges and agrees that:
- AI systems may generate incorrect, incomplete, delayed, or unexpected responses
- AI is not human and may malfunction or misinterpret inputs
- Provider is not responsible for AI-generated errors
- Client assumes all risk associated with AI use.
6. No Sales or Marketing Responsibility
Provider is not responsible for:
- Closing leads
- Sales follow-ups
- Client decision-making
- Marketing strategy or performance
All business decisions remain Client's responsibility.
7. Client Responsibilities
Client is solely responsible for:
- Reviewing and approving AI scripts and configurations
- Monitoring AI behavior and outputs
- Ensuring accuracy of all business information provided
- Compliance with all applicable laws and regulations
8. Call Recording & Legal Compliance
Client is responsible for:
- Obtaining all legally required call recording consent
- Compliance with TCPA, state call recording laws, and local regulations
Provider assumes no responsibility for Client's legal compliance failures.
9. Privacy & Data Use
- Provider does not sell client data
- Data is used only to operate and improve services
- Data may be shared with necessary third parties (AI platforms, telecom providers, hosting providers)
By using the service, Client consents to this limited data usage.
10. Service Interruptions
Provider is not responsible for:
- AI downtime or errors
- Telecom outages
- Third-party platform failures
- Internet or hosting disruptions
Service availability is not guaranteed.
11. Limitation of Liability
To the maximum extent permitted by law:
- Provider's total liability shall not exceed the amount paid by Client in the prior 30 days
- Provider is not liable for indirect, incidental, consequential, or special damages
12. Indemnification
Client agrees to indemnify, defend, and hold harmless Provider, its owners, operators, and affiliates from claims arising from:
- Client's business practices
- Data or instructions provided by Client
- Client's failure to comply with laws or regulations
- Use or misuse of the AI system
13. No Professional Advice
Provider does not provide legal, medical, financial, or professional advice. Client must consult licensed professionals for such matters.
14. No Refund Policy
ALL PAYMENTS ARE NON-REFUNDABLE.
This includes:
- Monthly subscription fees
- Usage-based charges
- Setup or configuration fees
No refunds or credits will be issued for:
- Partial use
- Downtime
- Dissatisfaction
- Early termination
Once a billing cycle begins, all charges are final.
15. Cancellation Policy
- Services are provided month-to-month
- Client may cancel with thirty (30) days' written notice
- Billing continues during the notice period
- No refunds for the final billing cycle
- Failure to provide proper notice results in continued billing until satisfied
Provider may suspend or terminate services immediately for violations, misuse, or illegal activity, without refund.
16. AI Call Restrictions
- AI answers inbound calls only by default
- Outbound AI sales calls require explicit written client permission
17. Governing Law
This Agreement is governed by the laws of the State of California.
18. Acceptance of Terms
By using, accessing, or continuing to use Provider's services, Client:
- Confirms they have read and understood these Terms
- Agrees to be legally bound by them
- Accepts any future updates upon continued use
