1. Acceptance of Terms
By accessing or using Never Closed LLC's NeverClosed.AI services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using our Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Description of Service
Never Closed LLC, operating as NeverClosed.AI, provides automated AI voice agent services including but not limited to:
- Automated phone answering and call handling
- Booking and reservation management
- Customer inquiry responses
- Payment processing coordination
- SMS/text messaging services
- Virtual receptionist capabilities
- Multi-language support (26 languages)
3. Account Registration and Security
3.1 Account Creation
You must provide accurate, complete, and current information during registration and maintain the accuracy of such information.
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
3.3 Account Restrictions
- One account per business entity
- Accounts are non-transferable without written consent
- Minimum age requirement: 18 years or legal business age in your jurisdiction
4. Privacy and Data Protection
Your use of our services is governed by our Privacy Policy, which is incorporated into these Terms by reference. Key privacy commitments include:
YOUR PRIVACY IS PARAMOUNT. WE WILL NEVER:
• Sell your information to third parties
• Share your data with third parties for marketing purposes
• Use your information for purposes other than providing our Service
• Store or retain data beyond what is necessary for Service provision
5. Data Ownership and Use Restrictions
5.1 Your Data
- You retain all ownership rights to your business data
- You grant us a limited license to process data solely for Service provision
- You can request data export or deletion at any time
5.2 Prohibited Data Use
DATA NOT FOR RESALE POLICY:
• All customer and end-user data is strictly confidential
• No data mining for commercial purposes
• No creation of user profiles for sale or transfer
• No sharing with advertisers or data brokers
6. Payment Terms
6.1 Payment Processing
WE DO NOT STORE CREDIT CARD INFORMATION
All payment processing is handled by Stripe.com. We never directly collect, store, or have access to credit card details. Stripe.com maintains PCI DSS compliance for all payment data.
6.2 Pricing Model
- Standard Pricing: 2.5% of agent-generated sales OR $250/month per agent (whichever is greater)
- Volume Discounts: May apply for qualifying customers
- 30-Day Free Trial: During initial training and setup period
- Credit Card Required: Card on file required after trial period
- No upfront setup fees
6.3 Billing
Automatic Billing: Your card will be automatically charged monthly until cancellation.
Cancellation: You may cancel service by:
- Phone: (619) 514-3201
- Text message to: (619) 514-3201
- Through your admin panel at NeverClosed.AI
Billing occurs monthly in advance. Invoices sent electronically via email. Past due accounts may result in service suspension.
6.4 Refund Policy
- No refunds for partial months
- Trial period is free with no charges
- Cancellation takes effect at the end of the current billing period
7. Service Level and Availability
7.1 Service Availability
- 99.9% uptime commitment during business hours
- 24/7 AI agent availability
- Up to 100 simultaneous call handling capability
- Real-time booking system integration
7.2 Service Timeline
- Initial agent setup: 3 business days
- Production release: 15 business days
- Ongoing training and optimization included
7.3 Support
- Technical support during business hours
- Emergency support for critical issues
- Training and onboarding assistance included
8. Acceptable Use Policy
8.1 Prohibited Uses
You may not use our Service to:
- Violate any laws or regulations
- Harass, abuse, or harm others
- Transmit malicious code or interfere with the Service
- Misrepresent your identity or affiliation
- Engage in fraudulent activities
- Collect data without proper consent
8.2 Content Standards
Your AI agent content must not:
- Contain false or misleading information
- Violate intellectual property rights
- Include discriminatory or offensive material
- Promote illegal activities
9. Cookies and Tracking Technologies
9.1 Types of Cookies We Use
We use cookies and similar tracking technologies to:
- Maintain your session and preferences
- Analyze website traffic and usage patterns
- Personalize content and improve user experience
- Remember your settings and authentication
- Provide targeted features and offerings
9.2 Cookie Management
- You can manage cookie preferences through your browser settings
- Disabling cookies may affect Service functionality
- We honor Do Not Track signals where legally required
- Third-party cookies are subject to their respective privacy policies
9.3 Analytics and Tracking
We may use analytics services to:
- Understand Service usage and performance
- Improve our Service and user experience
- Track conversion rates and campaign effectiveness
- Generate aggregated, non-identifying statistics
10. Intellectual Property Rights
10.1 Our Property
Never Closed LLC and its licensors retain all rights to:
- The Service platform and technology
- AI models and training methodologies
- Proprietary software and algorithms
- Trademarks and branding
10.2 Your Property
You retain all rights to:
- Your business information and content
- Customer data and interactions
- Custom training data you provide
- Your trademarks and branding
10.3 License Grant
You grant us a limited license to use your content solely to provide the Service.
11. Confidentiality
Both parties agree to:
- Maintain confidentiality of proprietary information
- Use confidential information only for Service purposes
- Protect confidential information with reasonable care
- Return or destroy confidential information upon termination
12. Third-Party Integrations
12.1 Booking Platforms
- Integration with your existing booking systems
- Real-time availability checking
- Automated booking creation
12.2 Payment Processing
- Stripe.com integration for payment processing
- You maintain your own Stripe account
- We facilitate but do not control payment transactions
12.3 Third-Party Terms
You are responsible for compliance with third-party service terms.
12.4 Third-Party Links
Our Service may contain links to third-party websites. We are not responsible for the privacy practices or content of these external sites. We encourage you to review their privacy policies.
13. Disclaimers and Warranties
13.1 Service Warranty
We warrant that our Service will:
- Perform substantially as described
- Be provided with reasonable skill and care
- Comply with applicable laws
13.2 Disclaimers
THE SERVICE IS PROVIDED "AS IS" WHERE LEGALLY PERMITTED. WE DISCLAIM:
- WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- UNINTERRUPTED OR ERROR-FREE SERVICE
14. Limitation of Liability
14.1 Liability Cap
Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim.
14.2 Excluded Damages
Neither party shall be liable for:
- Indirect, incidental, or consequential damages
- Lost profits or revenue
- Loss of data (except as required by data protection laws)
- Punitive damages
15. Indemnification
15.1 Your Indemnification
You agree to indemnify us against claims arising from:
- Your violation of these Terms
- Your use of the Service
- Your content or data
- Your violation of third-party rights
15.2 Our Indemnification
We will indemnify you against claims that our Service infringes third-party intellectual property rights.
16. Termination
16.1 Termination Rights
Either party may terminate:
- For convenience with 30 days' notice
- Immediately for material breach
- Immediately for insolvency or bankruptcy
16.2 Effect of Termination
Upon termination:
- Service access will be discontinued
- Outstanding fees become due
- Data will be available for export for 30 days
- Confidentiality obligations survive
17. Dispute Resolution
17.1 Informal Resolution
Parties will attempt to resolve disputes informally for 30 days.
17.2 Arbitration
Unresolved disputes will be settled by binding arbitration under AAA Commercial Arbitration Rules in San Diego County, California.
17.3 Exceptions
Either party may seek injunctive relief for:
- Intellectual property violations
- Breach of confidentiality
- Violations of data protection obligations
18. General Provisions
18.1 Governing Law
These Terms are governed by the laws of the State of California, United States.
18.2 Entire Agreement
These Terms constitute the entire agreement between the parties.
18.3 Amendments
We may update these Terms with 30 days' notice for material changes.
18.4 Severability
If any provision is unenforceable, the remaining provisions continue in effect.
18.5 No Waiver
No waiver is effective unless in writing and signed.
18.6 Force Majeure
Neither party is liable for delays due to circumstances beyond reasonable control.
18.7 Assignment
You may not assign these Terms without our written consent.
18.8 Notices
Legal notices must be sent to the addresses provided in your account.
19. Contact Information
Never Closed LLC
3802 Rosecrans Street #333
San Diego, CA 92110
Acknowledgment
By using Never Closed LLC's NeverClosed.AI services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.