Terms of Service

Last Updated: December 3, 2024

Welcome to Business AI Voice, a service provided by HonorElevate ("we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and AI voice technology.

BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

1. Acceptance of Terms

By accessing or using Business AI Voice services, you agree to:

• Be bound by these Terms of Service
• Comply with our Privacy Policy
• Follow all applicable laws and regulations
• Be at least 18 years old or have parental consent

We reserve the right to modify these Terms at any time. Continued use of our services after changes constitutes acceptance of the modified Terms.

2. Description of Services

Business AI Voice provides:

• AI Voice Chat Widget: Browser-based voice conversation technology for websites
• Premium Phone System: Dedicated phone numbers with AI voice answering and SMS capabilities
• Calendar Integration: Automatic appointment booking system
• CRM Integration: Lead capture and contact management
• Social Media Planner: Content scheduling and management tools
• Website Design Services: Custom website development (additional service)
• Training and Support: Documentation, videos, and customer support

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice.

3. Account Registration and Security

Account Creation

To use our services, you must:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your password and account credentials confidential
• Notify us immediately of any unauthorized access

Account Responsibility

You are responsible for:

• All activity that occurs under your account
• Maintaining the security of your login credentials
• Any costs or damages resulting from unauthorized use of your account

Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• Your account is used for illegal or fraudulent activity
• Payment fails or is disputed
• You engage in abusive behavior toward our staff or systems

4. Pricing and Payment

Service Fees

Our current pricing structure:

• Basic Plan: $97/month (website chat widget only)
• Premium Plan: $197/month + $297 one-time setup fee (phone + SMS system)
• Website Design: $2,500 one-time fee
• Complete Package: $2,200 one-time + $197/month

Pricing is subject to change. Current clients will be notified 30 days in advance of any price increases.

Billing

• Recurring Billing: Monthly subscriptions are billed automatically on the same day each month
• Payment Method: You must provide a valid credit card or approved payment method
• Failed Payments: If payment fails, services may be suspended until payment is received
• Late Fees: We do not charge late fees, but services will be suspended for non-payment

Refunds and Cancellations

• Monthly Services: No refunds for partial months. Cancel anytime; service continues until end of current billing period
• Setup Fees: Non-refundable once work has commenced
• Website Design: 50% refundable before design begins; non-refundable once design work starts
• Cancellation: Cancel anytime by contacting us. No cancellation fees

Promotional Offers

• Promotional pricing (e.g., waived setup fees) applies only during the promotional period
• Grandfathered pricing is maintained as long as service is not cancelled
• If you cancel and later re-subscribe, current pricing applies

5. Service Delivery and Timelines

Setup Timelines

• Website Widget (Basic): 72-hour launch guarantee
• Premium Phone/SMS: 5-10 business days (subject to carrier A2P approval)
• Website Design: 14 days
• Complete Package: 14-21 business days

Delays

Timelines may be extended due to:

• Incomplete or inaccurate information provided by client
• Third-party delays (carrier approvals, domain transfers, etc.)
• Technical issues beyond our reasonable control
• Force majeure events

We will notify you promptly of any anticipated delays.

6. Use of Services

Acceptable Use

You agree to use our services only for lawful purposes. You may NOT:

• Use services for illegal, fraudulent, or harmful activities
• Violate any local, state, federal, or international laws
• Infringe on intellectual property rights
• Transmit malware, viruses, or harmful code
• Spam, harass, or abuse other users or our systems
• Attempt to gain unauthorized access to our systems
• Reverse engineer or decompile our technology
• Use services to compete with Business AI Voice
• Resell our services without written permission

Prohibited Content

You may NOT use our AI voice systems for:

• Adult content or services
• Illegal products or services
• Deceptive or fraudulent schemes
• Hate speech, discrimination, or harassment
• Violent or threatening content
• Political campaigns or lobbying (without prior approval)

7. AI Voice Technology

Recording Notice

Our AI voice system:

• Records conversations for quality assurance and training
• Displays a notice to users that conversations may be recorded
• Stores transcripts in your CRM system
• Complies with applicable recording consent laws

YOU ARE RESPONSIBLE for ensuring your use of voice recording complies with all applicable laws in your jurisdiction, including two-party consent states.

AI Accuracy

While we strive for accuracy, our AI:

• May occasionally misunderstand or provide incorrect responses
• Should not be relied upon for medical, legal, or financial advice
• Requires proper training and configuration to work optimally
• Improves over time through machine learning

You are responsible for reviewing and approving all AI responses before going live.

Uptime and Availability

We strive for 99.9% uptime, but we do NOT guarantee:

• Uninterrupted or error-free service
• That defects will be corrected immediately
• That services will meet your specific requirements

Scheduled maintenance will be announced in advance when possible.

8. Intellectual Property

Our Intellectual Property

We retain all rights to:

• Business AI Voice brand, logos, and trademarks
• Software, code, and technology
• AI models and training data
• Website content and design
• Documentation and training materials

You may NOT copy, modify, distribute, sell, or create derivative works from our intellectual property.

Your Content

You retain ownership of:

• Your business information and data
• Content you provide for AI training
• Customer data and conversations

By using our services, you grant us a license to use your content solely to provide and improve our services.

Website Design

For custom website design services:

• You own the final website design upon full payment
• We retain rights to reuse design elements in our portfolio (with permission)
• You receive source files and full rights to modify

9. Third-Party Services

Our services integrate with third-party platforms including:

• GoHighLevel (CRM and platform)
• Payment processors (Stripe, etc.)
• Cloud hosting providers
• SMS/telephony carriers

You acknowledge that:

• Third-party services have their own terms and policies
• We are not responsible for third-party service failures or changes
• Some features require active third-party accounts
• Costs for third-party services are your responsibility (where applicable)

10. Data and Privacy

Our collection and use of data is governed by our Privacy Policy, which is incorporated into these Terms.

Your Data Responsibilities

You are responsible for:

• Obtaining necessary consents from your customers for data collection
• Complying with applicable privacy laws (GDPR, CCPA, etc.)
• Maintaining backups of critical data
• Securing your account credentials

Data Security

We implement industry-standard security measures, but:

• We cannot guarantee absolute security
• You use services at your own risk
• You should maintain independent backups of critical data

11. Warranties and Disclaimers

12. Limitation of Liability

13. Indemnification

You agree to indemnify, defend, and hold harmless Business AI Voice, HonorElevate, and our officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any laws or regulations
• Your infringement of third-party rights
• Your customer data or content
• Your AI configuration or use

14. Dispute Resolution

Informal Resolution

If you have a dispute, please contact us first at [email protected] or 661.400.1720. We will attempt to resolve disputes informally within 30 days.

Binding Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration:

• Location: Los Angeles County, California
• Rules: American Arbitration Association (AAA) rules
• Language: English
• Costs: Each party pays their own costs

Class Action Waiver

You agree to bring claims only in your individual capacity and NOT as part of any class or representative action.

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

15. Termination

Termination by You

You may cancel your services at any time by:

• Contacting us at [email protected] or 661.400.1720
• Providing written notice of cancellation

Cancellation takes effect at the end of your current billing period. No refunds for partial months.

Termination by Us

We may suspend or terminate your access immediately if:

• You violate these Terms
• Your account is used for illegal activity
• Payment fails or is disputed
• You engage in abusive behavior
• Services are used in a way that harms our systems or reputation

Effect of Termination

Upon termination:

• Your access to services will be disabled
• You remain responsible for all charges incurred
• We will retain your data for 30 days for retrieval purposes
• After 30 days, data may be permanently deleted
• Certain provisions survive termination (payment obligations, indemnification, etc.)

16. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Business AI Voice.

Modifications

We may modify these Terms at any time. Material changes will be notified via email. Continued use constitutes acceptance.

Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

Severability

If any provision is found invalid, the remaining provisions remain in full effect.

Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, war, pandemics, etc.).

No Agency

These Terms do not create a partnership, joint venture, or agency relationship between you and Business AI Voice.

17. Contact Information

18. Acknowledgment

BY CLICKING "I AGREE," SIGNING UP FOR SERVICES, OR USING OUR PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Effective Date: December 3, 2024
Company: HonorElevate / Business AI Voice
Website: BusinessAiVoice.com
Version: 1.0