Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and AppointmentAI ("Company", "we", "us", or "our") governing your access to and use of the AppointmentAI services, software, and platform (collectively, the "Service").

By completing a purchase, creating an account, or using any part of the Service, you represent that:

• You are at least 18 years of age and have the legal capacity to enter into this agreement
• You are authorized to bind your business or organization to these Terms
• All information you provide is accurate, current, and complete
• You have read, understood, and agree to be bound by these Terms

2. Service Description

AppointmentAI provides an AI-powered virtual receptionist service designed to handle customer conversations and book appointments through various communication channels including SMS, WhatsApp, website enquiries, and Facebook lead forms.

2.1 Service Includes:

• AI receptionist configuration and setup
• Custom training on your business information
• Integration with messaging platforms (SMS, WhatsApp, etc.)
• Integration with your calendar and booking systems
• Ongoing monitoring and optimization
• Access to our proprietary software platform

2.2 Service Does NOT Include:

• Dedicated phone number (must be purchased separately by Client)
• SMS message costs (charged separately based on usage)
• WhatsApp message costs (charged separately based on usage)
• Third-party platform fees or subscriptions
• Calendar or booking system software (Client must provide existing system)

3. Payment Terms

3.1 Monthly Subscription Fee

The Service is provided on a monthly subscription basis at the rate of £499 per month (or $599 USD per month). Payment is due in advance on the first day of each billing cycle.

3.2 Additional Costs

YOU ACKNOWLEDGE AND AGREE that the following costs are NOT included in your monthly subscription and are your sole responsibility:

• Phone Number: You must purchase and maintain a dedicated phone number for the AI receptionist
• SMS Charges: All SMS message costs are charged separately based on actual usage through our platform
• WhatsApp Charges: All WhatsApp message costs are charged separately based on actual usage through our platform
• Platform Usage Fees: Any fees charged by the underlying platform for message delivery

3.3 Billing Authorization

By subscribing to the Service, you authorize us to charge your designated payment method on a recurring monthly basis. You are responsible for maintaining valid payment information.

3.4 Price Changes

We reserve the right to modify our pricing at any time. Price changes will be communicated to you at least 30 days in advance and will take effect at the start of your next billing cycle.

4. NO REFUND POLICY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• All payments are non-refundable and non-transferable
• No refunds will be provided for any reason, including but not limited to:
  • Dissatisfaction with the Service
  • Changes in your business needs
  • Technical difficulties or service interruptions
  • AI performance below your expectations
  • Unused portions of your subscription
  • Early termination of service
  • Force majeure events
  • Any other circumstance whatsoever
• If you cancel your subscription, you will retain access until the end of your current billing period, but no refund will be provided for the unused time
• Chargebacks or payment disputes initiated without valid cause may result in immediate termination and legal action

5. Client Responsibilities

5.1 Required Actions

You are solely responsible for:

• Providing accurate and complete information about your business, services, and pricing
• Purchasing and registering a dedicated phone number for the AI receptionist
• Maintaining sufficient credits/balance in the platform for SMS and WhatsApp messaging
• Providing access to your calendar and booking systems
• Monitoring your message usage and associated costs
• Ensuring your calendar is kept up-to-date with accurate availability
• Honoring all appointments booked through the Service
• Complying with all applicable laws and regulations regarding automated communications
• Obtaining necessary consents from customers to receive automated messages
• Maintaining the security of your account credentials

5.2 Prohibited Uses

You agree NOT to use the Service for:

• Any illegal, fraudulent, or harmful purposes
• Sending spam or unsolicited marketing messages
• Violating any telecommunications regulations or laws
• Impersonating any person or entity
• Transmitting malicious code or harmful content
• Circumventing or manipulating the Service's intended functionality
• Reselling or redistributing the Service without authorization
• Any purpose that violates these Terms

6. AI Service Limitations and Disclaimers

6.1 No Guarantee of Accuracy

WE MAKE NO REPRESENTATIONS OR WARRANTIES that the AI will:

• Respond accurately to all customer inquiries
• Book appointments without errors
• Understand all customer communications correctly
• Represent your business exactly as you would
• Handle every situation appropriately
• Increase your bookings or revenue
• Perform at any specific level of quality or accuracy

6.2 Potential Issues

The AI Service may:

• Misunderstand customer requests or questions
• Provide incorrect information about your services or pricing
• Book appointments at incorrect times or dates
• Double-book appointments or create scheduling conflicts
• Fail to respond to certain messages
• Generate inappropriate or unprofessional responses
• Miss important details in customer communications
• Experience downtime, delays, or technical failures

6.3 Your Obligation to Monitor

YOU ARE SOLELY RESPONSIBLE FOR:

• Reviewing conversations handled by the AI
• Verifying all appointments booked
• Correcting any errors or miscommunications
• Monitoring the AI's performance and reporting issues
• Maintaining backup procedures for critical communications

WE ARE NOT LIABLE for any consequences arising from AI errors, inaccuracies, or failures, including but not limited to lost business, missed appointments, customer complaints, or reputational damage.

7. Service Availability and Technical Issues

7.1 No Uptime Guarantee

While we strive to provide reliable service, WE DO NOT GUARANTEE that the Service will be:

• Available at all times or without interruption
• Error-free or secure from bugs or vulnerabilities
• Compatible with all systems, devices, or platforms
• Free from service disruptions, maintenance, or downtime

7.2 Service Interruptions

The Service may be interrupted, delayed, or unavailable due to:

• Scheduled or emergency maintenance
• Technical failures or infrastructure issues
• Third-party service provider outages
• Internet connectivity problems
• Software updates or upgrades
• Security incidents or attacks
• Force majeure events

WE ARE NOT LIABLE for any loss, damage, or inconvenience caused by service interruptions, regardless of cause or duration.

8. Third-Party Services and Integrations

8.1 Third-Party Dependencies

The Service relies on various third-party services including messaging platforms (SMS, WhatsApp), calendar systems, and other integrations. We are not responsible for:

• The availability, reliability, or performance of third-party services
• Changes to third-party APIs, terms, or pricing
• Third-party service outages or technical issues
• Data loss or security breaches at third-party providers
• Changes in third-party service compatibility

8.2 SMS and WhatsApp Providers

Message delivery through SMS and WhatsApp is subject to:

• Third-party carrier terms and conditions
• Carrier delivery limitations and failures
• Regulatory compliance requirements
• Potential message delays or non-delivery
• Variable per-message costs based on destination and provider

YOU ACKNOWLEDGE that we cannot control or guarantee message delivery and are not responsible for failed, delayed, or undelivered messages.

9. Limitation of Liability

9.1 Exclusion of Damages

IN NO EVENT SHALL WE BE LIABLE FOR:

• Lost profits, revenue, or business opportunities
• Lost or corrupted data
• Cost of substitute services
• Business interruption or downtime
• Reputational damage
• Customer complaints or lost customers
• Missed appointments or scheduling errors
• Indirect, incidental, special, consequential, or punitive damages
• Damages arising from AI errors or inaccuracies
• Any damages exceeding the amounts paid to us

This limitation applies regardless of:

• The legal theory (contract, tort, negligence, strict liability, or otherwise)
• Whether we were advised of the possibility of such damages
• Whether the limited remedies fail their essential purpose

9.2 Basis of the Bargain

You acknowledge that we have set our prices and entered into this agreement in reliance upon these limitations of liability, which allocate the risk between us and form the basis of the bargain between the parties.

10. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AppointmentAI, its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Information or content you provide to the Service
• AI-generated communications sent on your behalf
• Appointments booked through the Service
• Customer complaints or disputes
• Failure to honor bookings or commitments made by the AI
• Unauthorized use of your account
• Any claim that your use of the Service infringes third-party rights
• SMS or WhatsApp communications sent through your account
• Non-compliance with telecommunications regulations

This indemnification obligation survives termination of your account and these Terms.

11. Disclaimer of Warranties

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Warranties of fitness for a particular purpose
• Warranties of non-infringement
• Warranties of accuracy, reliability, or quality
• Warranties that the Service will meet your requirements
• Warranties that the Service will be uninterrupted, timely, secure, or error-free
• Warranties regarding the quality, accuracy, or reliability of AI-generated content
• Any warranties arising from course of dealing or usage of trade

No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly stated in these Terms.

12. Intellectual Property

12.1 Our Property

All rights, title, and interest in and to the Service, including all software, algorithms, AI models, designs, graphics, text, and other materials (excluding your content) are and will remain the exclusive property of AppointmentAI and its licensors.

12.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes. This license does not include any right to:

• Modify, copy, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or alter any proprietary notices
• Resell, sublicense, or distribute the Service
• Access the Service to build a competitive product

12.3 Your Content

You retain ownership of any content, information, or data you provide to the Service. However, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and store such content solely to provide and improve the Service.

13. Data and Privacy

13.1 Data Collection

We collect and process data necessary to provide the Service, including:

• Business information and settings you provide
• Customer conversations and communications
• Appointment and calendar data
• Usage data and analytics
• Technical and diagnostic information

13.2 Data Security

While we implement reasonable security measures, WE CANNOT GUARANTEE the security of your data. You acknowledge that:

• No method of electronic transmission or storage is 100% secure
• Data breaches, unauthorized access, or data loss may occur
• We are not liable for any security incidents or data compromises

13.3 Privacy Policy

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

14. Term and Termination

14.1 Subscription Term

Your subscription continues on a monthly basis until cancelled by either party.

14.2 Cancellation by Client

You may cancel your subscription at any time by providing written notice. Cancellation takes effect at the end of your current billing period. NO REFUND will be provided for the remaining time in your billing period.

14.3 Termination by Us

We reserve the right to suspend or terminate your access to the Service immediately, without notice or liability, for any reason including:

• Violation of these Terms
• Non-payment of fees
• Fraudulent, abusive, or illegal activity
• Suspected security risks
• Our decision to discontinue the Service

14.4 Effects of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• No refund will be provided for unused time or services
• We may delete your data after a reasonable period
• All provisions that should survive termination will remain in effect

15. Modifications to Service and Terms

15.1 Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice or liability. This includes:

• Adding, removing, or changing features
• Modifying AI behavior or capabilities
• Changing integrations or supported platforms
• Altering system requirements or specifications

15.2 Terms Updates

We may update these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of the Service after changes constitutes acceptance of the modified Terms. We recommend reviewing these Terms periodically.

16. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:

• Acts of God (earthquakes, floods, fires, etc.)
• War, terrorism, or civil unrest
• Government actions or regulations
• Pandemics or public health emergencies
• Internet or telecommunications failures
• Power outages or infrastructure failures
• Third-party service provider failures
• Cyber attacks or security incidents

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve any dispute informally by contacting us at the information provided on our website.

17.2 Binding Arbitration

YOU AGREE that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, rather than in court, except where prohibited by law.

17.3 Class Action Waiver

YOU AGREE to bring claims against us only in your individual capacity and not as part of any class or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

17.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AppointmentAI regarding the Service and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

18.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.

18.6 Survival

Provisions that by their nature should survive termination shall survive, including payment obligations, indemnification, limitations of liability, and dispute resolution.

18.7 Notices

All notices under these Terms must be in writing and sent to the contact information provided on our website. Notices to you may be sent to the email address associated with your account.

19. Contact Information

If you have questions about these Terms, please contact us:

AppointmentAI
Website: www.appointmentai.ai

20. Acknowledgment and Acceptance