Terms of Service

These terms form a binding agreement between Service Setpoint (“we”, “us”) and the business that opens an account (“you”). By creating an account or using the service you accept them. If you are accepting on behalf of a company, you confirm you are authorised to bind it.

Our Privacy Policy forms part of this agreement. Where we have signed a separate written agreement with you, that agreement controls to the extent it conflicts with these terms.

Service Setpoint provides AI voice and messaging agents for businesses. Depending on your plan and configuration, the service can answer inbound calls, place outbound calls, send and receive text messages, quote prices from data you supply, read availability from and write bookings to systems you connect, capture leads, and transfer calls to your staff.

We provide the platform. You provide the business information the agent uses and decide how it behaves. The quality of what an agent says depends directly on the accuracy of what you give it.

You must provide accurate account information and keep it current. You are responsible for everything that happens under your account, including actions by your staff, and for keeping credentials confidential. Accounts are created by us rather than by public signup; tell us promptly if you believe an account has been compromised.

You must be at least eighteen and using the service for business purposes.

This is the section to read twice. Telephony and messaging are regulated, and the obligations attach to the business making the calls — that is you.

The information you load

You are responsible for the accuracy of every price, rate, unit, multiplier, service area, business hour and policy you enter. When an agent quotes a price it reads from your data. If that data is wrong, the quote is wrong, and the quote is yours.

You are responsible for marking as unquotable anything that should not be priced without a site visit, and for writing the reason the agent gives when it declines.

Consent and contact rules

• You must hold a lawful basis to contact each person your agent calls or texts, and you must be able to evidence it.
• You must comply with the Telephone Consumer Protection Act and its implementing rules, including those governing artificial and prerecorded voice, and with state telemarketing and automated-calling laws.
• You must honour opt-out and do-not-call requests, and must not attempt to contact anyone who has opted out.
• You must observe permitted calling hours in the recipient’s time zone.

Disclosure

Several states require disclosure that a caller is interacting with an automated system, and some prescribe when it must occur. We provide a per-agent disclosure setting. You are responsible for configuring it to meet the rules that apply to your business and the people you contact.

Recording

You decide whether calls are recorded. Some states require all parties to consent. If you enable recording, you are responsible for that being lawful and for keeping the announcement enabled.

You must not use the service to:

• Contact people who have not given you a lawful basis to be contacted, including purchased, scraped or rented lists.
• Make cold sales calls to consumers who have no prior relationship with you.
• Impersonate another person, business or public body, or misrepresent who is calling.
• Deceive anyone about whether they are speaking to an automated system when they have asked.
• Conduct fraud, phishing, debt collection harassment, or any unlawful activity.
• Deliver content that is unlawful, harassing, hateful, sexually explicit, or otherwise prohibited by carriers.
• Evade carrier filtering, rotate numbers to defeat volume limits, or register campaigns under false pretences.
• Reverse engineer the service, or resell it without a written reseller agreement.
• Interfere with the service, or attempt to access another customer’s data.

We may suspend an account immediately where we reasonably believe use is unlawful, unsafe, or exposes us or our carriers to enforcement.

If you create a synthetic voice, you confirm that it is your own voice and that you have personally enrolled it. Our providers require the speaker to verify their own voice; you may not enrol a colleague, an employee, a contractor or a hired voice actor on their behalf, even with their written permission.

• You must not create a voice model of any person without that person enrolling it themselves.
• You must not use a voice model to impersonate anyone.
• A voice model may constitute a biometric identifier under laws including the Illinois Biometric Information Privacy Act. You are responsible for compliance with those laws in respect of voices you enrol.
• You may delete a voice at any time, which revokes it at the provider and removes it from your agents.

We do not create voice models from caller audio, and callers are never cloned.

Numbers

You may buy numbers through us or forward a number you already control. Numbers obtained through us are provisioned from our carrier and remain subject to carrier terms and regulatory requirements. You are responsible for having the right to use any number you forward or ask us to port.

10DLC registration

Before any application can send text messages from a standard ten-digit US number, carriers require the business to be registered as a brand with a registered campaign. Unregistered traffic is filtered or blocked. This applies to all application-sent messaging, including replies to inbound messages and appointment confirmations — it is not limited to marketing.

Where we submit registration on your behalf, you must provide accurate legal entity information, including your registered name and tax identification number, and you are responsible for its accuracy. Registration outcomes, throughput limits and carrier fees are set by the carriers, not by us. We cannot guarantee approval or delivery.

Carrier rules

Carriers may filter, throttle or block traffic at their discretion, and may impose penalties for violations such as prohibited content or number rotation. Those penalties pass through to you.

Recording is disabled by default. If you enable it, an announcement plays at the start of each recorded call and must remain enabled. You are responsible for the lawfulness of recording in every jurisdiction where you or your callers are located, including states requiring all-party consent.

Disclosure that a caller is interacting with an automated system is configurable per agent. The agent will always answer honestly when directly asked, and will always offer to transfer to a person. You may not disable either behaviour.

You retain all rights to the information you upload and to the conversations your agents conduct. You grant us the licence needed to host, process and transmit it in order to provide the service.

For personal information contained in your calls and messages, you are the controller and we are your processor. You are responsible for having a lawful basis to collect it and for providing any notices your customers are owed. We will process it on your instructions, and will make a data processing agreement available on request.

We do not sell your data, do not use your conversations to benefit another customer, and do not permit our AI providers to train their models on it. On termination we delete or return your data within thirty days, except where law requires retention.

Agents generate speech and text automatically. Automated systems can mishear, misinterpret and make mistakes, particularly with names, addresses and unusual requests.

• Quotes an agent gives are estimates generated from data you supplied. They are not a binding offer by us, and we are not a party to any contract between you and your customer.
• You are responsible for reviewing your agent’s behaviour, including transcripts, and for correcting configuration that produces the wrong result.
• The service is not for emergency calls. Agents cannot contact emergency services and must not be relied on for anything safety-critical.
• Nothing an agent says constitutes professional, legal, financial or medical advice.

Fees are those quoted to you in writing when you sign up. Charges typically comprise a recurring subscription plus usage — call minutes, messages and telephone numbers — together with carrier and registration fees passed through at cost.

• Subscription fees are billed in advance; usage is billed in arrears.
• Fees are exclusive of taxes, which are added where applicable.
• Payment is due on receipt. We may suspend the service for non-payment after notice.
• We may change pricing on thirty days’ written notice, effective at your next renewal.
• Fees already paid are non-refundable except where these terms say otherwise.

We aim to keep the service continuously available and will give advance notice of planned maintenance where practical. We do not commit to a specific uptime level unless we have agreed one with you in a separate written service level agreement.

The service depends on carriers, AI providers and cloud infrastructure we do not control. Interruptions originating with them are outside our control, though we will work to route around them.

We own the Service Setpoint platform, software, interfaces, documentation and brand, and all rights in them. These terms grant you a limited, non-exclusive, non-transferable right to use the service during your subscription. You own your data, your configuration and your voice models.

If you send us feedback we may use it to improve the service without obligation or compensation.

The agreement runs for your subscription term and renews automatically unless cancelled before the renewal date. Either party may terminate for material breach that remains uncured thirty days after written notice.

We may suspend or terminate immediately for unlawful use, non-payment after notice, or activity that puts our carrier relationships at risk.

On termination your access ends, numbers may be released unless you arrange to port them, and we handle your data as described in section 9. Sections covering data, intellectual property, disclaimers, liability, indemnity and governing law survive.

Except as expressly stated in these terms, the service is provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the service will be uninterrupted or error-free, that an agent will correctly understand every caller, or that any particular business outcome will follow from using it.

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost business or lost data, even if advised such damages were possible.

Our total aggregate liability arising out of or relating to this agreement is limited to the amounts you paid us in the twelve months preceding the event giving rise to the claim.

These limits do not apply to your payment obligations, to either party’s indemnification obligations, or to liability that cannot be limited by law.

You will defend and indemnify us against claims, damages and costs arising from your use of the service in breach of these terms, from the content of your calls and messages, from your failure to obtain required consent, from claims under telephone consumer protection or biometric privacy law arising from your configuration or contact practices, and from the accuracy of the pricing and business information you supply.

We will defend and indemnify you against third-party claims that the service as provided by us infringes their intellectual property rights.

This agreement is governed by the laws of the State of Georgia, without regard to conflict-of-law rules. The state and federal courts located in Georgia have exclusive jurisdiction, and both parties consent to venue there.

Before filing, the parties will attempt in good faith to resolve any dispute by discussion for thirty days after written notice.

We may update these terms. The date at the top reflects the current version. For material changes we will give at least thirty days’ notice by email or in the application. Continuing to use the service after a change takes effect means you accept it; if you do not, you may terminate before it does.

Questions about these terms, or to request a data processing or reseller agreement: [email protected].