These terms are an agreement between AvenDesk LLC, a Colorado limited liability company (“we”, “us”, “our”), and the business that opens an account (“you”, “your”). They govern your use of AvenDesk — the AI receptionist that answers your telephone calls and texts, the business portal you sign in to, and the review tools. We call all of that “the Services”.

Our Privacy Policy, our Data Processing Addendum and our Messaging Policy form part of them, and the Addendum applies to you automatically without anything to sign. They take effect when you first sign up, pay, or use the Services, whichever happens first. If you do not accept them, do not sign up. Where we have signed a separate written agreement or order form with you, that document governs and these terms fill the gaps it leaves.

The Services are sold to businesses for business use. You confirm that you are at least 18, that you are opening the account for a business, and that you have authority to bind that business.

An AI agent answers your calls and texts, converses with the person on the other end in your business’s name, checks your connected calendar, books and reschedules appointments, takes messages, and transfers a caller to a human number you nominate. What it did lands in your portal with a transcript, and — depending on your setting — a recording.

The Services are business software. They are not:

This service is not built for businesses whose ordinary work involves sensitive personal information, and we do not sell it to them. It answers the telephone for trades and local services — plumbing, electrical, roofing, HVAC, landscaping, cleaning, garages, salons, removals. That is what it is designed for, priced for and secured for.

We do not serve healthcare providers who handle patient information. Hospitals, clinics, medical and dental practices, therapists and counsellors, pharmacies, laboratories, care homes, and anyone else who creates or receives protected health information. AvenDesk is not a HIPAA-compliant service and we have not signed a Business Associate Agreement with anybody. If a caller’s name attached to a medical appointment would be protected health information in your hands, it is protected health information in ours, and we are not lawfully able to hold it for you.

Do not put any of the following through the Services, and do not configure the receptionist to ask for it:

The receptionist is built not to ask for any of it, and it will not solicit it. What we cannot do is stop a caller volunteering something anyway — and if they do, it lands in the transcript. That is a reason not to route the kind of call where it is likely, not a control you can lean on.

We do not serve government or the public sector either. No federal, state, county, city, tribal or foreign agency, department or authority. No public school, college or university. No court, regulator or elections body. No police, fire, EMS, 911 or public-safety answering, corrections, immigration, child welfare or social services. No military or defence body. And no contractor working for one of them in a way that would put government records, criminal-justice information or anything export-controlled or classified through the Services. We are not assessed against FedRAMP, StateRAMP or CJIS, we will not sign a flow-down clause or a government purchase order, and a public body is required to obtain assurances from a vendor that we cannot honestly give.

If you are a regulated business of any kind — healthcare, banking, insurance, credit, debt collection, legal services, or anything else under a sectoral privacy regime — ask us before you sign up. The honest answer today is almost certainly no. We would far rather say so now than after you have pointed your telephone line at us.

Being near one of these is not the same as being one. A cleaner who services a dental office, a landscaper with a council mowing contract, an electrician who wires a school over the summer — all fine, as long as the calls coming to your line are not carrying the things listed above. If you are not sure which side of the line you are on, ask us first. That is a five-minute email, and it is a great deal cheaper than finding out afterwards.

Using the Services for any of this is a breach of §18 and is grounds for closing the account under §25.

The agent is probabilistic. It generates its answers with large language models, and it can mishear a name, a number or an address, answer something wrong or incomplete, go off script, or behave differently on two identical calls. This is a property of the technology, not a defect, and over enough calls it will produce booking errors, imperfect transcripts and calls that end badly. You accept that risk as a condition of using the Services.

Everything the agent says is said on your behalf, in your business’s name, in a voice and under a name you chose, from prices, hours and rules you entered. As between us, you are responsible for those statements as though a member of your staff had made them — except where the statement resulted from our gross negligence or wilful misconduct.

Checking the work is yours. Review what appears in your portal, confirm anything material with the customer before acting on it, and do not rely on the agent as the only point of contact for anything where a mistake would do real harm. A booking, message or escalation is treated as delivered to you when it appears in your portal, your connected calendar, or a notification we send — whether or not you read it.

We make no promise about call volume handled, bookings won, revenue, answer rate, conversion or response time. Figures shown in the portal — usage, statistics, estimates — are informational and are not warranted to be exact. No demo and no sales conversation is a warranty.

Your receptionist screens calls it believes are sales pitches, robocalls or spam, using the setting you choose in your portal. When it screens a call it tells the caller that it is your business's AI receptionist, that you do not accept sales or spam calls, and asks a customer to say so.

If you choose to have it hang up, it ends the call when the caller does not say they are a customer within 7 seconds of being asked (it asks once more if the answer is unclear), keeps selling, or says they are not a customer. If you choose to keep them on the line, it never ends a call for this reason. Anyone describing a job, a price or a booking is treated as a customer for the rest of the call.

Screening is automatic and can be wrong in either direction: a real customer can be screened, and a sales call can get through. Whenever it ends a call we tell you, with the caller's number so you can call them back. Calls it screens do not count toward your call minutes. We do not block numbers; only your phone company can.

You are responsible for everything done under your account. Keep your password to yourself, use one you have not used elsewhere, turn on the second factor, and give a login only to somebody who needs it. We will never ask you for your password.

Your portal shows real customers’ names, telephone numbers, email and home addresses. Anyone who obtains your credentials can see all of it. Tell us at Flowonnco@gmail.com the moment you suspect a login has been compromised, and change the password yourself first.

You are also responsible for your own side of the plumbing: your phone service and any porting or forwarding, your internet connection, your website, and any third-party account you connect to us.

Plans are monthly and metered. Business is $39 a month, Business Pro is $129, and Business Max+ is $249, each with the call minutes, texts, video minutes and daily email allowance published on our pricing page at the time you subscribe. A free plan is also available; unlike the paid plans it STOPS at its allowance rather than charging for the overrun, including partway through a call (§9).

Allowances run over the calendar month, in your own time zone, and reset on the 1st. They do not roll over. If you sign up part-way through a month, that month’s allowance runs to the end of it and a fresh one starts on the 1st — so a late-month signup gets a short first period and a full month’s service from then on.

Your first month is payable when you sign up, before the portal opens, and the same amount is payable on the same day of each month after that until you cancel. If a promo code gives you free days, nothing is charged until they end; the plan's price is charged on the day they end and monthly from that day, and we email you 3 days before that first charge so you can cancel first if you want to. You authorise us to charge the card you have on file for your plan and for anything else you buy in the portal. Payments are taken by our payment processor, Stripe, which emails you a receipt for every charge; each one is also listed under Plan & billing in your portal. All fees are stated in US dollars, exclusive of any sales or use tax, which we add where we are required to collect it.

Bought in the portal, alongside the plan: extra phone lines at $2 per line per month; and top-ups when you would rather not wait for the month to reset ($15 for 100 extra minutes, $39 for 300 extra minutes, $10 for 500 extra texts). These are extra charges on top of your plan and they are yours to pay. A recurring one is only ever created by you accepting it explicitly, and nothing is bought automatically on your behalf. Every recurring extra can be cancelled by you, in your portal, without asking us, and the charge stops from the next month.

On a paid plan, going past your allowance does not stop the service, and it is not free. We warn you at 80%. Past the allowance your receptionist keeps answering, and the extra usage is charged at $0.20 per call minute and $0.03 per text. The running balance is shown in your portal as it builds. If it is still unpaid 5 days after you went past the allowance, your receptionist stops answering and calls are put through to you instead until you settle it or buy more time.

You can choose not to pay for extra at all. Set "When you run out" to "Stop and send calls to me" in your portal and, once the allowance is used, your receptionist stops answering, calls come straight through to you and texts pause until the 1st or until you buy more time. Nothing is charged as extra usage while that setting is on, including the rest of a call that was already in progress when the allowance ran out. Usage you had already gone over by before switching it on stays payable.

You have 10 days from the end of that billing month to pay what you went over by. It is an amount you owe, and settling it is done in the portal. If it is unpaid after those 10 days it becomes an overdue balance under §8 — which means it keeps accruing, we may suspend the Services, and you still owe the whole of it.

We may change any price, including the extra-line rate, the top-up packs and the plans themselves. We will tell you. A change to a recurring price applies from your next billing month, and if you do not want to pay it you may cancel under §11. A one-off price — a top-up — is the price shown at the moment you order it, and a later change does not reach backwards.

Your plan has to be paid for. If the card on file will expire before your next renewal, we email you about 14 days before it renews, and again shortly before, so you can replace it in time. If the monthly payment for your plan is declined we will tell you by email, retry it, and email you again the day before your account would lock. If it is still unpaid 3 days after it was declined, or if the subscription ends because the payment could not be collected, your account goes behind a paywall: your receptionist stops answering (callers can leave a voicemail), texts and video meetings stop, and your portal opens only to the payment screen until the plan is paid. Nothing you collected is deleted, and paying restores everything at once. A new card you add is charged straight away for what is owed.

If any other payment fails we will retry it and tell you. If an amount is still unpaid 10 days after it was due, we may suspend or close the Services — the phone stops being answered. We do not have to warn you twice.

Suspension does not cancel what you owe. Charges you have already incurred stay payable, and anything that has not been cancelled — your plan, your extra lines, your add-ons — keeps being charged while the account exists. The balance accumulates, and you remain liable for the whole of it, including the period during which the Services were suspended for non-payment.

You also agree to pay our reasonable costs of recovering it, including collection-agency fees and legal costs, and interest at 1.5% per month (or the highest rate the law allows, if lower) on anything overdue. We may pass an unpaid balance to a collection agency.

Clearing the balance restores the account, provided we have not already closed it under §11 or §25. Nothing in this section requires us to keep an account open, and nothing in it lets you keep the Services while not paying for them.

We do not run a free trial on the paid plans. On a paid plan your first month is charged at the checkout, and the same amount on the same day each month after that until you stop it. You choose the plan and see its price before you give us a card. The one exception is a promo code that gives free days: §7 says when that is charged, and we email you before it is.

What you get instead is a free plan, and it is a real one. It costs nothing, it needs no card, it does not expire and it does not turn into a paid plan by itself. Its allowance is published in §7 with every other plan's. Move up whenever you want to; nothing moves you up on its own.

Free means free, not unmetered. Calls the receptionist answers on the free plan come out of that plan's 15 minutes a month. When they are used up the receptionist stops, even in the middle of a call: it puts the caller through to you if you have a number set for that, or otherwise ends the call politely and tells you who to call back. New calls then come through to you until the month resets. Nothing on the free plan is ever charged. That is the difference between the free plan and a paid one: a paid plan keeps answering and charges you for going over, unless you choose otherwise (§7).

Whatever the receptionist booked while you were trying it stays yours, whether or not you go on to pay. Export it from the portal, or ask us and we will send you a copy.

If you took free days while we were still offering them, what you were told then still applies to you: nothing is charged until they run out, and if you left no card the Services stop on that day rather than charging you — your receptionist stops answering, texts and video meetings stop, and your portal closes until you pay for your plan. Nothing you have collected is deleted and paying restores all of it immediately. Adding a card before that day converts the account normally instead.

If we ever do take money we should not have, tell us at Flowonnco@gmail.com and we will put it back. Sales and use tax is the one thing we cannot return once it has been remitted to the state — that would have to go to the taxing authority.

On a paid plan, referral rewards end on 14 October 2026. You can keep sharing your referral link after that, and the businesses that sign up through it are still listed in your portal, but while your account is on a paid plan, a referral no longer earns you anything.

On the free plan, referral rewards carry on. If your account is on our free plan, a referral keeps earning you free call minutes after 14 October 2026. What counts is the plan your account is on the day the business you referred starts paying: on the free plan that day, you earn; on a paid plan that day, on or after 14 October 2026, you do not.

What a referral earns: between 50 and 200 minutes, depending on the plan the business you referred ends up on, added to your account to spend like the minutes in your plan and, like them, not carried into the next month. It is earned when they actually start paying, not when they sign up or open a free account.

Minutes you have already earned stay yours, including any that are still on their way to your account. The credit is minutes and nothing else: it has no cash value, we will not pay it out, it cannot be sold or moved to another account, and it goes when the account goes.

Refer real businesses that genuinely want this. Not yourself, not another company you run, not somebody who is already a customer, and not an invented one. No spam, no bought lists, no bidding on our name in search, and nothing that misdescribes what the service does or costs. Credit picked up that way is reversed, and doing it is a breach handled under §25.

While a reward is on offer, say so when you recommend us in public. A referral reward is a material connection under the FTC's endorsement rules, and it has to be disclosed clearly wherever the recommendation appears — a post, a review, a video, a group chat. "I get free minutes if you sign up through my link" covers it. Saying nothing does not, and the obligation sits with whoever is posting.

There is no contract term and no notice period. Cancel in the portal and the Services run to the end of the month you have paid for, then stop, and we email you a confirmation saying when it ends and whether anything you bought separately, such as an extra phone line, keeps billing. We do not refund part-months. The free plan in §9 is different — nothing is charged for it at all, so there is nothing to refund and nothing to cancel before.

You can pause a paid plan instead of cancelling it, for 1, 2 or 3 months, in your portal. It runs to the end of the month you have paid for, then you are on the free plan in §9 and nothing is charged for your plan while it is paused. Numbers that came free with your plan are removed when the pause starts, exactly as when you cancel; your receptionist number, settings and history stay. On the restart date you chose, your plan restarts and the card on file is charged that plan's price on that day, then monthly from that day. We tell you the date and the amount when you pause, and we email you 3 days before the restart. You can stop the restart in your portal at any time before it, and nothing is charged. If the restart payment is declined we do not try it again: you stay on the free plan and we tell you. A pause is available only with a card on file, after any free days have ended, and while nothing is overdue.

After a paid plan ends, we may email you up to 2 times about picking it back up. Every one of those emails has a link that stops them without signing in, and you can also switch them off in your portal. We do not send them while a plan is paused or after you have chosen a plan again.

Closing your account switches it off and stops the billing immediately. Your data is then deleted 30 days later — a deliberate gap, because deletion has no undo and a misclick or a departing employee should not destroy every booking you have. During those 30 days you can still sign in to download your records, or reopen the account on the free plan yourself. After them it is gone, other than the invoice and tax records we are required to keep.

Get a copy of what you want to keep within those 30 days. Your portal offers your calls, bookings and customers as files to download at any time, under Settings › Your data, and still does once the account is closed. If you would rather we sent them, email Flowonnco@gmail.com and we will, at no charge. We are not your archive — see §2.

We would rather tell you that than let you find it out on the day you are leaving.

A telephone number we issued you is ours. It stops answering when the account closes and is released 7 days later; reopen before then and you keep it. A number you already owned and forwarded to us is yours and is unaffected — turn the forwarding off with your own carrier. If you want to keep a number we issued, ask before you close and we will help you port it where porting is possible.

Read this section. The Services process live call audio, create a written transcript of calls, and — depending on your setting — store an audio recording, together with the caller’s number and whatever they tell the agent.

You choose the recording setting in your portal. It offers asking the caller for permission first (the default, and what a new account gets), recording every call with a spoken disclosure, and not recording at all. On the consent setting, nothing is captured unless the caller agrees, and an unclear answer or silence is treated as a no. That behaviour is enforced in our code rather than left to the model to remember.

Choosing the setting is your decision and your legal responsibility. Federal law and the law of every US state restrict recording and monitoring telephone calls, and a number of states — California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania and Washington among them — require every party to consent. Statutes including the federal Wiretap Act, the California Invasion of Privacy Act and the Illinois Biometric Information Privacy Act carry statutory damages, private rights of action and, in places, criminal penalties.

You represent and warrant that you will select a setting that is lawful for where you and your callers are, that you will obtain any consent the law requires, and that you will not use a recording for a purpose your callers were not told about. Our providing the setting you chose does not make us responsible for your choice, and our default is not a recommendation. You indemnify us under §24 for claims arising from it.

Your data stays yours — call audio and transcripts, bookings, messages, customer records, your business profile, everything you or your callers put into the Services. You grant us the licence we need to host it, process it and show it back to you, and to do the things you have asked for: book into your calendar, send confirmations, push a job to your CRM.

We may use your call recordings and transcripts to improve the AI receptionist — to test it, correct it, tune how it handles a trade like yours, and train and evaluate the models and prompts behind it. This is how it stops mishearing an address or fumbling the same question twice, and by using the Services you agree to it. If you would rather it did not, set your recording mode to off (§12), which leaves us the transcript and no audio.

We do not sell your data. We take no money for it and we hand it to nobody for their own marketing.

But your data does pass through other companies, and we cannot make promises on their behalf. The Services cannot work otherwise: the call has to reach a telephony carrier, the audio has to reach a speech-recognition provider, the words have to reach a language-model provider. We have no negotiated data-processing agreement with those companies — we use them on their own published terms, like any other customer. What they do with what passes through them is governed by those terms and not by ours. They may use it, and they may sell it. We do not know that they do not, and we are not in a position to promise you otherwise. If that is not acceptable for the kind of calls your business takes, do not put those calls through this service.

Every one of those companies is named individually on our Subprocessors page, with what it does and what it can see, and we update it before a new one starts. Where we process your callers’ data on your behalf, our Data Processing Addendum is the binding version of what we may and may not do with it.

How we handle personal information — yours and your callers’ — is set out in our Privacy Policy, which forms part of these terms. In the language of US state privacy law, you are the controller of your callers’ personal data and we process it on your instructions.

Anything you suggest to us about the product we may use freely, without owing you anything for it.

The AI agent cannot call 911. It cannot send police, fire, an ambulance or a gas crew, and it cannot tell anyone where a caller is. It has no access to emergency services and no location data.

We can configure it to recognise urgent phrasing — a gas smell, a burst pipe, no heat — and transfer that caller to a number you give us. That is a telephone transfer to your number and nothing more. It can ring out, hit voicemail, be delayed, or miss the emergency altogether.

So: nominate a number a person actually answers and keep it current; if you advertise emergency call-outs, say on your own website and voicemail that a real emergency goes to 911 or the utility; and never tell anyone that this line reaches emergency help.

Where your plan includes texts, the agent replies to inbound messages and sends confirmations. US carriers require every business sending application-to-person SMS to be registered under 10DLC, and we submit that registration using details you give us. Those details must be accurate; carriers reject, throttle or block traffic on a bad registration, and we cannot override a carrier decision.

Telephone Consumer Protection Act compliance is yours. You will only message people who have given you the consent the law requires, you will honour STOP and every other opt-out immediately, you will not send marketing to a number on a do-not-call list, and you will not use the Services for bulk or unsolicited messaging. The TCPA carries statutory damages per message.

Carriers and message aggregators can filter, delay or refuse messages for their own reasons. We do not guarantee delivery, and message delivery is outside our control in the sense of §17.

Our Messaging Policy sets out the detail — the exact opt-out words we honour, what the receptionist sends and when, the quiet hours and the daily cap we enforce for you, and what carriers require before any of it is allowed. It forms part of these terms.

You do not have to have a website at all, and we do not build them. If you do have one, you can enter its address in your portal, change it, or take it away again. We keep the address so the portal points at the right place and so the check below knows what to look at. Giving us the address gives us nothing else: no login, no access, no ability to change a word of it, and no responsibility for it — the site stays entirely yours to run.

One small piece of code can go on that website to connect it to your portal. The appointment tag is free on every plan — the contact form you already have starts filing appointments into your portal and emailing you about each one.

The appointment tag takes a copy and changes nothing. Your form still submits where it always did, your own notifications still arrive, and nothing about the page is intercepted, delayed or redrawn. It sends us the fields somebody filled in; password fields and file uploads are dropped before anything leaves the page. It is off until you switch it on, and there is nothing to switch on before that.

The key that tag carries is public, deliberately. It goes in your page source, where anyone can read it, so it is built to be worth nothing to whoever does: it can add one entry to your appointment list and nothing else. It reads nothing back, names no customer, and reaches no recording, no setting and no portal. What somebody who copies it can do is put junk on your list — which you can see and delete, and which is rate-limited — and that is the whole of it. Switch it off or replace it whenever you like; replacing it stops anything already embedded, including your own copy, until you paste the new one in.

The submissions are your customers’ data, and your form is your form. You confirm you are entitled to send us what people put into it and that your own privacy notice tells them a supplier receives it. We hold it on your instruction, exactly as we hold what your callers tell the receptionist, and §13 governs it.

We do not touch your website unless you ask us to, and we record it when you do. Before anything is installed you are shown exactly what it does and you agree to it; we keep that agreement, including the wording you were shown, the date, and who agreed. You can withdraw it whenever you like, and withdrawing removes the tag rather than merely stopping us from claiming permission.

We cannot install it for you. The site is yours, we have no access to it, and we never will unless you give it to us. So we show you exactly where the code goes for your particular host, you paste it, and we check your page afterwards and tell you whether it is actually there.

That check fetches the public page at the address you gave us and looks for your key in it. It is not proof either way: a site that assembles its pages in the browser can be working perfectly and still show us nothing, which is why the result says so rather than telling you to paste it again.

A tag you paste into your own site is yours. We are not liable for a conflict with your theme, your plugins, your consent banner or your other scripts, for anything your own host does with it, or for a change you make to your site afterwards that removes or breaks it. If it causes you a problem, take it out — it is one line — and tell us.

A tag on your website sees your visitors. If you are subject to cookie or tracking rules where your customers are, complying with them on your own site is yours to do, as §18 and our Privacy Policy set out.

The Services run on other companies’ infrastructure: telephony and messaging, speech recognition, speech synthesis, language models, hosting, email delivery, calendar, payments and review data. We do not control any of them, and we have no negotiated agreement with them — we are their customer on their standard terms, exactly as you are ours. We are not liable for an outage, delay, error, price change, policy change, deprecation or security incident at one of them, or for the interruption that causes, or for what they do with data that passes through them (§13). This is a real allocation of risk and it is reflected in what we charge. We may substitute a provider at any time provided the Services’ core function is not materially degraded.

When you connect one of your own accounts — your calendar, your mailbox, your Google Business Profile, your CRM — you authorise us to use it within the scopes you granted, only to perform the Services, and you confirm you are entitled to grant that access. Revoke it whenever you like with that provider; the feature that depended on it stops immediately.

Your use of a connected service is governed by that company’s own terms, and complying with them is your responsibility — including the platform rules on soliciting and replying to reviews.

You will not use the Services, or let anyone using your account use them, to:

Anything unlawful done through your account is your responsibility. That is true whether you did it, an employee did it, somebody you gave a login to did it, or somebody who got hold of your credentials did it. The account is yours, the receptionist speaks in your name, and as between us you carry every consequence of what is done through it — including fines, penalties, statutory damages and claims from the people affected. You will reimburse us for anything it costs us, under §24.

If we are ordered to hand over records because of what was done through your account, we will comply, and our Privacy Policy describes how we handle a demand like that.

We are not responsible for crime committed against you by a third party. Hacking, credential theft, phishing, SIM-swapping, call or message interception, spoofed numbers, social engineering of you or your staff, payment fraud, ransomware, denial-of-service, or a breach at one of the providers the Services run on (§17) — none of that is something we accept liability for, and none of it is something we can prevent on your behalf.

What we do is the ordinary thing: hash passwords so a leak of ours does not hand anybody a usable one, offer a second factor, rate-limit sign-ins per network, lock an account out after repeated failures, and sign every other session out the moment you change your password — which is the thing that actually removes somebody who should not be there. Turning the second factor on is your job, and it is the single thing most likely to matter. Tell us at Flowonnco@gmail.com the moment something looks wrong.

We aim to keep the Services running around the clock and we monitor them, but we do not commit to an uptime figure and there is no service credit. Maintenance, provider outages and faults will interrupt the Services from time to time.

We may change, add or withdraw features. Where a change materially reduces something the Services do for you, we will give you 30 days’ notice and you may cancel without penalty within those 30 days. Features labelled beta or preview are provided as is, with no warranty and no availability commitment, and may be withdrawn at any time.

Support is by email at Flowonnco@gmail.com. We aim to answer within one business day. We are not staffed for 24-hour support, and a support response is not a fix.

The platform — the software, the models and prompts we have built, the tooling, the portal, the brand and everything about how it works — is ours and stays ours. We grant you a non-exclusive, non-transferable right to use it while your account is in good standing, and nothing more. Anything we improve as a result of your using it is ours too.

You may say publicly that you use AvenDesk. We will not use your name or logo as a customer reference without your permission.

We give no warranties at all. To the fullest extent the law allows, the Services are provided “as is” and “as available”, with every fault, and we disclaim every warranty of any kind, express or implied — including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, and any warranty arising from a course of dealing or trade usage.

In particular, we do not warrant that the Services will be uninterrupted, timely, secure or error-free; that the AI agent will hear correctly, answer correctly, book correctly or transfer correctly; that a call, text or email will be delivered; that defects will be corrected; that the Services will meet your requirements; or that anything they produce is accurate, complete or fit to rely on.

No advice or information you get from us, in any form, spoken or written, creates a warranty that is not written here. Some states do not allow the exclusion of certain implied warranties, and in those places this section applies to the extent permitted and no further.

Neither party is liable to the other for indirect, incidental, special, consequential, exemplary or punitive damages, or for the cost of substitute services, even if it was warned they were possible.

We are not responsible for what your business does or does not earn while using the Services — in either direction. We do not guarantee, and are not liable for, an increase in sales or a decrease in sales; customers gained or customers lost; profit gained or profit lost; revenue gained or revenue lost; leads, bookings, conversion rate, reputation or goodwill, gained or lost. The receptionist is a tool your business uses. How your business performs while you use it is yours, and so is the risk of it.

Our total liability arising out of or relating to these terms or the Services, on any theory, is limited to the fees you actually paid us in the twelve months before the event giving rise to the claim. Our liability for anything labelled beta or preview is limited to zero.

Nothing here limits liability that cannot lawfully be limited — including a party’s fraud, its gross negligence or wilful misconduct, or death or personal injury caused by its negligence.

Both of these limits are a deliberate allocation of risk between two businesses, they survive any failure of an exclusive remedy, and our prices are set on the basis of them.

You will defend, indemnify and hold us harmless against any claim, damage, penalty, fine or cost (including reasonable legal fees) arising out of: your call recording setting and the consent behind it (§12); your text messaging and TCPA compliance (§15); anything the agent said on your behalf under a configuration you supplied or approved; your content, your website, and the rights in them; your breach of §18; and your breach of the law or of a connected provider’s terms.

We will tell you promptly about a claim, let you control its defence, and cooperate with you. You may not settle in a way that admits fault on our behalf or binds us to anything without our agreement.

If something is done through your account that breaks these rules, we may suspend it. That covers a breach of §18, unpaid fees (§8), use that threatens the security, stability or legality of the platform for anyone else, a demand from a provider, a carrier or a regulator, and anything the law requires of us.

Some breaches we find automatically. Parts of what passes through the service are screened against these rules in ordinary code — what the receptionist says on a call, the texts you send, and the wording you give it to speak. A match records a flag for a member of staff to look at. Nothing is suspended by a machine, no flag is treated as proof on its own, and our Privacy Policy sets out exactly what is screened and what is kept.

We look into it before we do anything to your account. A complaint, a carrier escalation, a regulator's letter or an automatic flag starts an investigation, not a suspension. We read the actual calls, texts, recordings or wording at issue and we look at what the account has done before. An accusation is not a finding, and a flag on its own is not proof.

Then we tell you, and you get to answer. If we think we have found something, we write to the address on your account and set out what we found, which rule it breaks, what we are relying on, what will put it right, and by when — normally 10 working days, or sooner if a carrier or a regulator has put us on a shorter clock, in which case we will say so and say why. Write back to Flowonnco@gmail.com. If you show us we have it wrong, that is the end of it and nothing stays on your record.

A first breach gets a warning and a chance to fix it, not a suspension. Put it right inside the window and it does not happen again, and nothing else follows. We keep a note of it for 12 months.

Do it again inside those 12 months — or miss the deadline to fix it — and we suspend. That may be the whole account or just the part that caused it: texting, recording, outbound calling, the website. We will write and tell you why, and what would lift it.

Keep going and the account closes for good. A further breach after a suspension, a pattern running across different rules, or a flat refusal to fix something is where a suspension becomes permanent and the account is not reopened. Opening a second account, using another company name or a different card to get around a suspension is itself a breach, and it makes the closure permanent immediately rather than eventually.

Some things we have to act on straight away, before or during the investigation, because the harm is happening while we look: fraud, impersonation, unlawful recording, scam operations, a credible risk to somebody's safety, prohibited information sitting exposed in an account, a messaging complaint rate that threatens other customers' delivery, an unpaid balance, or a carrier, provider or regulator telling us to. We still investigate and we still write to you — the order changes, not the obligation. You can put your side of it immediately, and we will look at an appeal against an immediate suspension first.

If we got it wrong, we put it back. We reinstate the account, take the finding off your record and credit the time you lost. Where the block came from a carrier or a regulator rather than from us, we cannot lift it for you — we will say so plainly and tell you who to approach, because pretending otherwise would just cost you a fortnight. We do not refund a period lost to a suspension you did cause. If we close an account for our own convenience rather than for something you did, we refund the unused part of the month.

We may also stop offering the Services altogether, on 60 days’ notice, refunding the unused part of what you have paid.

Talk to us first. Before starting anything formal, email Flowonnco@gmail.com describing the problem and what you want. We will do the same. Give it 30 days — most things end there.

If it does not end there, any dispute arising out of or relating to these terms or the Services will be resolved by final and binding arbitration, administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Denver County, Colorado, conducted in English. The Federal Arbitration Act governs this section, and judgment on the award may be entered in any court of competent jurisdiction.

CLASS-ACTION WAIVER. Claims may only be brought in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one party’s claims. If this waiver is held unenforceable as to a particular claim, that claim — and only that claim — leaves arbitration and goes to the courts named below.

You can opt out of arbitration. Email Flowonnco@gmail.com with the subject “Arbitration opt-out” within 30 days of first accepting these terms, and this section will not apply to you. Nothing here stops either of us bringing a claim in small-claims court, or seeking an injunction to protect intellectual property or confidential information.

These terms are governed by the laws of the State of Colorado, excluding its conflict-of-laws rules. Subject to the arbitration agreement above, the state and federal courts in Denver County, Colorado have exclusive jurisdiction, and both of us consent to venue there.

We may update these terms, the Privacy Policy, the Messaging Policy and the provider list. We will email the address on your account, and the change takes effect 3 days later — not the moment it is posted. The new version goes up here with the date at the top updated.

If you do not accept a change, you can leave before it applies to you. Cancel under §11 and the Services run to the end of the month you have paid for, with no exit fee for leaving over a change. Carrying on using them after the 3 days have run is acceptance of the new version — there is no separate box to tick.

A change only ever looks forward. It does not reach back into something that already happened, it does not alter what you had already earned or owed before it took effect, and it does not touch a dispute that already existed or that we already knew about.

Four things cannot move on 3 days, because it would not be right and in places would not be lawful: a rise in your recurring price or a new recurring charge — that waits for your next renewal, on the notice the law requires; the arbitration agreement and class-action waiver in §26, which never applies to a dispute we already knew about; anything already in dispute; and a privacy change where a statute demands longer notice or your explicit consent, in which case the statute wins and we follow it.

And this is a power to keep the terms current, not to turn them into a different deal. We will not use it to take away something you have already paid for or a right you have already used, and where you have paid up front for longer than a month, a change that materially cuts the Services or materially adds to what you owe waits until that paid period ends.

Keep the address on your account current. Notice counts from when we send it, whether or not it is read. We keep prior versions and will send you one on request.

These terms, together with the Privacy Policy, the Data Processing Addendum, the Messaging Policy and anything we have signed with you, are the whole agreement between us and replace anything said beforehand. Any pre-printed terms on your purchase order or supplier form are void.

You may not assign this agreement without our written consent; we may assign it to a successor in a merger, acquisition or sale of assets. Neither of us is liable for a failure caused by something genuinely outside our control. If a provision is held unenforceable, it is narrowed to the minimum extent needed and the rest stands. Not enforcing something once does not waive it. Nothing here makes either of us the other’s agent, partner or employee, and nobody else acquires rights under it.

Notices to us go to Flowonnco@gmail.com. Notices to you go to the email on your account and are effective when sent. §8, §4, §12, §13, §14, §15, §19, §21, §22, §23, §24 and §26 survive the end of this agreement.