ALEX

Terms of Service

Last Updated: May 7, 2025

1. Introduction

Welcome to ALEX AI Answering Service ("ALEX," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our AI call answering agent service, including our website, mobile applications, APIs, and all related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and ALEX AI Answering Service.

2. Service Description

ALEX is an AI-powered call answering agent service that answers calls on behalf of your business, screens out spam calls, captures lead information, and provides notifications about important calls. Our Service includes:

  • 24/7 automated call answering
  • Spam call filtering
  • Lead capture and information collection
  • Call routing and forwarding
  • Call analytics and reporting
  • SMS and email notifications

We may update, modify, or enhance the Service at any time without prior notice. We reserve the right to suspend or terminate any feature of the Service at our discretion.

3. User Accounts

To use certain features of the Service, you must create an account. When registering for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

  • Immediately notify us of any unauthorized use of your account or any other breach of security
  • Ensure that you exit from your account at the end of each session
  • Not share your account credentials with any third party
  • Not create more than one account per business unless specifically authorized by us

We reserve the right to disable any user account if we believe you have violated these Terms.

4. Subscription and Billing

ALEX offers various subscription plans with different features and call volumes. Your subscription begins when your payment is processed and continues until canceled or terminated.

Free Trial: We offer a free trial that includes 20 calls. No payment information is required to start your free trial. Once your free trial calls are used, you will need to subscribe to a paid plan to continue using the Service.

Paid Subscriptions: All paid subscriptions are billed in advance on a monthly basis. You will be charged on the same day each month. Additional calls beyond your plan's included amount will be billed at the end of the billing cycle at the per-call rate specified for your plan.

Automatic Renewal: All subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.

Cancellation: You may cancel your subscription at any time through your account settings or by contacting our customer support. Upon cancellation, you will continue to have access to the Service until the end of your current billing period, but you will not receive a refund for any unused portion of your subscription.

Price Changes: We reserve the right to change our subscription fees at any time. If we change our fees, we will provide notice of the change on the website or via email at least 30 days before the change takes effect.

5. Acceptable Use

When using our Service, you agree not to:

  • Use the Service for any illegal purpose or in violation of any applicable laws or regulations
  • Attempt to probe, scan, or test the vulnerability of our systems or breach any security or authentication measures
  • Use the Service to make automated calls, engage in telemarketing activities, or send spam calls
  • Use the Service for emergency services or any situation where failure of the Service could lead to death, personal injury, or environmental damage
  • Upload or transmit any material that contains viruses, trojan horses, worms, or any other harmful programs
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Collect or store personal data about other users without their express consent
  • Use the Service for high-risk activities that require fail-safe performance

We reserve the right to monitor compliance with these Terms and to investigate suspected violations. If we believe that your use of the Service violates these Terms, we may suspend or terminate your access to the Service without prior notice.

6. Privacy and Data Protection

We take your privacy seriously. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you and your callers when you use our Service.

When you use our Service, you may collect information from your callers. You are responsible for ensuring that your use of our Service complies with all applicable privacy laws and regulations. You agree to:

  • Provide appropriate notice to your callers about your use of ALEX
  • Obtain any necessary consents from your callers for the collection, use, and disclosure of their information
  • Use the information collected only for legitimate business purposes
  • Implement appropriate security measures to protect caller information

By using our Service, you grant us permission to collect, store, and process call data as described in our Privacy Policy.

7. Phone Numbers and Call Forwarding

If you choose to use our provided phone number, you acknowledge that:

  • The phone number is licensed to you, not owned by you
  • We reserve the right to reclaim the number if your account is inactive for 60 days or if you violate these Terms
  • Number portability may be available subject to our policies and applicable regulations

If you forward your existing number to our Service, you are responsible for:

  • Ensuring you have the right to forward that number
  • Maintaining your relationship with your current telecommunications provider
  • Any fees charged by your telecommunications provider for call forwarding

We are not responsible for any service interruptions or issues related to your telecommunications provider or network.

8. Service Limitations and Availability

While we strive to provide uninterrupted service, ALEX is provided on an "as is" and "as available" basis. We do not guarantee that the Service will be available at all times, error-free, or without interruption.

Service Limitations:

  • Our AI may not handle every call perfectly or understand all accents or speech patterns
  • The Service is not designed for emergency calls
  • Call quality depends on network conditions outside our control
  • The Service requires an internet connection for notifications and account management
  • We cannot guarantee 100% accuracy in spam call detection

Scheduled Maintenance: We may perform scheduled maintenance during which the Service may be unavailable. We will attempt to provide reasonable notice of any scheduled maintenance.

Service Level Agreement: If your subscription includes a Service Level Agreement (SLA), the terms of that SLA will govern our obligations regarding service availability.

9. Intellectual Property Rights

ALEX and its content, features, and functionality are owned by us and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service solely for your internal business purposes in accordance with these Terms.

You agree not to:

  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from our Service, except as permitted by these Terms
  • Delete or alter any copyright, trademark, or other proprietary notices from any content obtained from the Service
  • Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code for the Service
  • Use any automated means to access the Service or collect any information from the Service

All feedback, comments, and suggestions about the Service that you provide to us ("Feedback") is our exclusive property. By providing Feedback, you assign to us all worldwide right, title, and interest in and to such Feedback, including all intellectual property rights therein.

10. 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, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS
  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
  • ANY ERRORS IN THE SERVICE WILL BE CORRECTED

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE LEGAL THEORY ASSERTED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless ALEX, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

  • Your violation of these Terms
  • Your use of the Service
  • Any content or information provided by you or on your behalf
  • Any claim that your use of the Service infringes or violates the rights of another person or entity

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

13. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

  • Your right to use the Service will immediately cease
  • We may delete or archive any content or data associated with your account
  • You will remain liable for all amounts due up to and including the date of termination
  • If you have a phone number provided by us, it may be reassigned unless you have arranged to port it

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.

Any dispute arising from or relating to these Terms or the Service shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and the seat of arbitration shall be in Delaware.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

YOU AND ALEX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will post the revised Terms on our website and update the "Last Updated" date at the top of these Terms.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. We encourage you to review these Terms periodically.

If the changes are material, we may provide additional notice, such as sending you an email notification. If you do not agree to the revised Terms, you must stop using the Service.

16. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us regarding your use of the Service.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our authorized representative.

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. We may freely assign or transfer these Terms without restriction.

Notices: Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail, return receipt requested, or email (with confirmation of receipt).

Force Majeure: We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, labor disputes, or internet service provider failures.

17. Contact Information

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

ALEX AI Answering Service
support@alexoncall.com
[Support Number]