Terms of Service
Last updated: [Month Day, Year]
Terms for using Reply365's AI phone and SMS agent and related services.
This includes dispute resolution and arbitration provisions. Please review Section 16 carefully.
Acceptance of Terms
These Terms of Service are a legal agreement between you and [Reply365 legal entity name] (doing business as Reply365). By accessing or using Reply365, you agree to these Terms.
If you do not agree, do not use the services.
Changes to Terms
We may update these Terms from time to time. When we do, we will post the revised Terms and update the date above. Continued use of Reply365 means you accept the updated Terms.
The Service
Reply365 provides an AI phone agent that answers inbound calls, captures intent, and routes or follows up based on your configuration. We may offer additional features over time, such as SMS follow ups and inbound lead funnel tools. Any current or future features are subject to these Terms.
Reply365 is not intended for emergency services or 911 response.
Eligibility and Registration
You must be at least 18 years old and able to form a binding contract to use Reply365. If you create an account, you must provide accurate information and keep it updated.
You are responsible for all activity under your account.
Customer Responsibilities
You are responsible for:
- Ensuring your configuration is accurate and appropriate for your business.
- Obtaining all required consent for calls, SMS, and recordings.
- Using Reply365 in a lawful, compliant manner.
Reply365 does not provide legal advice or compliance guidance.
Communications, Recording, and Consent
Calls and SMS messages handled by Reply365 may be recorded, transcribed, and analyzed to provide the service and improve quality. You control routing, transfer, and opt out settings.
You are responsible for complying with all applicable laws, including call recording rules and TCPA requirements. Reply365 is not responsible for your compliance decisions.
Fees, Trials, Billing, and Taxes
We may offer free setup and a trial period from time to time. Trial length, pricing, and billing details are presented at signup or in your dashboard.
If your subscription renews, it will renew automatically unless you cancel in accordance with your plan terms. You are responsible for all applicable taxes.
Acceptable Use
You may not use Reply365 to:
- Send spam or unsolicited communications.
- Collect or process sensitive data without proper authorization.
- Violate any law, regulation, or third party rights.
- Interfere with the security or operation of the service.
Intellectual Property
Reply365 and its licensors own all rights in the service, including software, branding, and related materials. You retain ownership of your business data and content.
If you provide feedback, you grant Reply365 a non exclusive, royalty free license to use it to improve the service.
Privacy
Our Privacy Policy explains how we collect and use information. By using Reply365, you agree to the practices described in the Privacy Policy.
You may review the Privacy Policy at reply365.com/privacy.
Third Party Services
Reply365 relies on third party providers for telephony, SMS delivery, analytics, and payment processing. Your use of these services may be subject to their own terms.
Termination and Suspension
You may cancel your account at any time in accordance with your plan. We may suspend or terminate access if you violate these Terms or if we must do so to protect the service or comply with law.
Disclaimers
Reply365 is provided on an "as is" and "as available" basis. We do not guarantee that the service will be uninterrupted or error free.
AI responses may be inaccurate or incomplete. You remain responsible for verifying outputs and for how the service is used with your customers.
Limitation of Liability
To the maximum extent permitted by law, Reply365 will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill.
Our total liability for any claim arising out of these Terms will not exceed the amounts paid by you to Reply365 in the twelve months before the event giving rise to the claim.
Indemnification
You agree to indemnify and hold Reply365 harmless from any claims, damages, liabilities, and expenses arising from your use of the service or your violation of these Terms.
Dispute Resolution
NOTE: This section should be reviewed by counsel before launch.
Any dispute arising out of or relating to these Terms or the service will be resolved through binding arbitration on an individual basis, and not in a class, consolidated, or representative action.
Arbitration will be administered by the American Arbitration Association under its applicable rules. The arbitration will take place in [City, State], unless you and Reply365 agree otherwise.
You and Reply365 waive the right to a jury trial and to participate in a class action.
Governing Law
These Terms are governed by the laws of [State], without regard to its conflict of law principles.
Miscellaneous
These Terms are the entire agreement between you and Reply365 regarding the service. If any provision is found unenforceable, the remaining provisions will remain in effect. You may not assign these Terms without our consent.
Contact Us
If you have questions about these Terms, contact us at: