1. Agreement to these terms
These Terms of Service (“Terms”) govern access to and use of the NOVYQUOR AI website and the NOVYQUOR AI AI receptionist service, dashboard and related features (together, the “Service”) provided by NOVYQUOR AI (“we”, “us”).
By creating an account, signing an order form or using the Service, you agree to these Terms on behalf of the business you represent (“Customer”, “you”). If you do not have authority to bind that business, do not use the Service. Where a signed agreement or order form conflicts with these Terms, the signed agreement controls.
2. The Service
The Service uses artificial intelligence to answer telephone calls on your behalf, respond to caller questions using information you provide, schedule appointments, take messages, transfer calls and provide recordings, transcripts, summaries and analytics.
AI-generated responses, transcripts and summaries can contain errors. The Service is not a substitute for professional judgement and must not be used as the sole means of handling emergencies. You are responsible for configuring appropriate escalation and transfer rules and for directing callers with urgent safety or medical needs to emergency services.
We may update and improve the Service over time. We will not materially reduce core functionality of a paid subscription during its current term without notice.
3. Accounts and access
- You are responsible for the accuracy of account information and for all activity under your users’ accounts.
- Keep sign-in credentials confidential and notify us promptly of any suspected unauthorised access.
- You decide which of your staff receive access and which roles they hold, and you are responsible for removing access when it is no longer needed.
4. Your responsibilities and call-recording compliance
You agree to use the Service in compliance with all applicable laws. In particular, you are responsible for:
- providing any notices and obtaining any consents required to record calls and to use AI to interact with callers, including all-party consent requirements where they apply;
- having a lawful basis to provide us with caller, customer and staff information;
- complying with telemarketing, anti-spam and telecommunications rules (for example, the U.S. TCPA and Canada’s CASL) for any outbound communications you initiate;
- meeting any industry-specific obligations that apply to you, such as health-information privacy rules, and not submitting regulated data unless we have agreed in writing to the safeguards required; and
- reviewing the information your AI receptionist gives callers and keeping your business details, hours and services up to date.
5. Acceptable use
You must not, and must not allow others to:
- use the Service for unlawful, deceptive, harassing or fraudulent purposes, including impersonating any person or misleading callers about who they are speaking with where disclosure is required;
- use the Service to place unsolicited robocalls or to contact numbers on do-not-call lists in violation of law;
- attempt to gain unauthorised access to the Service, other accounts or our providers’ systems;
- reverse engineer, copy or resell the Service except as permitted by law or a written agreement; or
- interfere with the security, integrity or performance of the Service.
We may suspend access that we reasonably believe violates this section, with notice where practicable.
6. Fees, billing and usage
Fees are set out in your order form or the plan you select. Subscriptions include a calling allowance; usage above the allowance may be billed at the applicable overage rate. Fees are billed in advance for each billing period unless stated otherwise and are exclusive of taxes, which you are responsible for.
Payments are processed by our third-party payment processor. If a payment fails, we may suspend the Service after notice. Except where required by law or stated in your order form, fees are non-refundable. We may change pricing for future billing periods with advance notice.
7. Customer data and privacy
“Customer Data” means call recordings, transcripts, caller details, appointments and other information processed through the Service on your behalf. As between the parties, you own Customer Data. You grant us a limited licence to process Customer Data to provide, secure, support and improve the Service and as otherwise permitted in your agreement.
We process personal information in Customer Data as your service provider and in accordance with our Privacy Policy and any data processing terms agreed between us. We use subprocessors for voice AI, telephony, calendar, payments and hosting.
When your subscription ends, you may export available Customer Data for a limited period, after which we will delete it in line with our retention practices, except where we must retain it by law.
8. Third-party services
The Service integrates with third-party services such as calendar and telephony providers. Your use of those services is governed by their own terms. We are not responsible for third-party services, and their availability may affect features of the Service that depend on them.
9. Intellectual property
We and our licensors own the Service, including software, models, designs and documentation. These Terms do not grant you any rights except the limited right to use the Service during your subscription. If you send us feedback, we may use it without obligation to you.
10. Availability and support
We aim to keep the Service available and to resolve issues promptly, but the Service depends on networks, telephony carriers and other providers outside our control. Any specific uptime or support commitments apply only if set out in your order form.
11. Disclaimers
Except as expressly stated in a signed agreement, the Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be error-free, that every call will be answered or that AI outputs will be accurate.
12. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or business opportunities. Each party’s total liability arising out of these Terms will not exceed the fees paid or payable by you to us in the twelve months before the event giving rise to the claim. These limits do not apply to liability that cannot be limited by law.
13. Indemnification
You will defend and indemnify us against third-party claims arising from your use of the Service in breach of these Terms or applicable law, including claims relating to call-recording notices and consents you were responsible for providing.
14. Term, suspension and termination
These Terms apply for as long as you use the Service. Either party may terminate for material breach that is not cured within thirty days of written notice. You may cancel your subscription as described in your plan or order form; cancellation takes effect at the end of the current billing period unless otherwise agreed.
15. Governing law and disputes
The governing law and venue for disputes will be specified in your order form. [Counsel to confirm the governing jurisdiction and any dispute-resolution or arbitration terms for U.S. and Canadian customers.]
16. Changes to these terms
We may update these Terms from time to time. We will post the updated Terms on this page with a new “Last updated” date and give reasonable notice of material changes to active customers.
17. Contact
Questions about these Terms? Contact NOVYQUOR AI at support@example.com.