1. Introduction
Welcome to FusionCaller. These Terms of Service ("Terms") govern your access to and use of our AI-powered call answering and outbound calling services ("Service"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
2. Acceptance of Terms
By creating an account, subscribing to our Service, or using any of our features, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you meet this age requirement.
3. Description of Services
FusionCaller provides AI-powered call answering and outbound calling services for businesses. Our Service includes:
- 24/7 AI receptionist that answers incoming calls
- Lead capture and management
- Appointment scheduling
- Outbound calling campaigns
- Call recording and transcription
- Analytics and reporting
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.
4. User Accounts
To use our Service, you must create an account and provide accurate, complete, and current information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
- Ensuring your contact information is kept up to date
5. Payment Terms
Subscription fees are billed in advance on a monthly or annual basis. By subscribing, you authorize us to charge your payment method for all fees associated with your subscription.
Fees: All fees are non-refundable except as required by law. We reserve the right to change our pricing with 30 days' notice to existing customers.
Free Trials: Free trials are available for new customers. If you cancel during the trial period, you will not be charged. If you do not cancel, your subscription will automatically begin at the end of the trial period.
6. Cancellation and Refunds
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will continue to have access to the Service until the end of the period you've already paid for.
We do not provide refunds for partial billing periods. If you cancel mid-cycle, you will retain access until the end of your paid period.
7. User Responsibilities
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service for any illegal or unauthorized purpose
- Violate any laws in your jurisdiction
- Transmit any viruses, malware, or harmful code
- Attempt to gain unauthorized access to the Service
- Use the Service to make unsolicited calls in violation of applicable laws (including TCPA, CAN-SPAM)
- Impersonate any person or entity
- Interfere with or disrupt the Service
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEVERMISS AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, or error-free.
10. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by email or through a notice on our website. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.
11. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice, for any breach of these Terms or for any other reason we deem necessary.
Upon termination, your right to use the Service will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive.
12. Contact Information
If you have any questions about these Terms, please contact us at:
Email: support@fusioncaller.com
Website: fusioncaller.com
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts of competent jurisdiction.