Never Closed LLC (NeverClosed.AI)
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICE
ACCOUNT REGISTRATION AND SECURITY
PRIVACY AND DATA PROTECTION
DATA OWNERSHIP AND USE RESTRICTIONS
PAYMENT TERMS
SERVICE LEVEL AND AVAILABILITY
ACCEPTABLE USE POLICY
COOKIES AND TRACKING TECHNOLOGIES
INTELLECTUAL PROPERTY RIGHTS
CONFIDENTIALITY
THIRD-PARTY INTEGRATIONS
DISCLAIMERS AND WARRANTIES
LIMITATION OF LIABILITY
INDEMNIFICATION
TERMINATION
DISPUTE RESOLUTION
GENERAL PROVISIONS
CONTACT INFORMATION
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.
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)
You must provide accurate, complete, and current information during registration and maintain the accuracy of such information.
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
One account per business entity
Accounts are non-transferable without written consent
Minimum age requirement: 18 years or legal business age in your jurisdiction
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
Share your opt-in to SMS campaigns with third parties for unrelated purposes
YOUR CUSTOMERS' PRIVACY IS EQUALLY IMPORTANT. WE WILL NEVER:
Sell your customers' information to any third party
Share your customers' data for marketing or commercial purposes
Use customer interaction data for anything other than improving your Service
Retain customer data beyond agreed retention periods
Share SMS originator opt-in data and consent with any third parties
Information You Provide:
Contact Information: Name, email address, phone number, mailing address
Account Information: Username, password, account preferences
Communications: Information from customer service interactions and surveys
Payment Information: Billing address (payment details processed by Stripe)
Information Automatically Collected:
Usage Data: Pages visited, time spent, clicks, navigation patterns
Device Information: IP address, browser type, operating system, device identifiers
Location Data: General geographic location based on IP address
Call Data: Call recordings, transcripts, and interaction analytics
SMS Data: Message content and delivery confirmations
We process data solely to:
Provide the contracted AI voice agent services
Process transactions and send related information
Respond to comments, questions, and customer service requests
Send administrative information, updates, and security alerts
Send marketing communications (with consent)
Monitor and analyze usage patterns and trends
Detect, prevent, and address technical issues and security threats
Improve service quality and accuracy
Comply with legal obligations
Generate anonymized analytics for your business insights
We may share information only with:
Service Providers: Third parties that help provide our services, including platform providers, phone companies, SMS delivery vendors, and other vendors who assist in service delivery
Affiliates: Our affiliates or subsidiaries, subject to this policy
Legal Requirements: When required by law or legal process
Business Transfers: In connection with mergers, acquisitions, or asset sales
Protection of Rights: To protect our rights, privacy, safety, or property
With Consent: With your explicit consent or direction
For SMS/text messaging services:
We will not share your opt-in to SMS short codes with third parties for unrelated purposes
We may share data with providers necessary for message delivery
All SMS consent and opt-in data remains strictly confidential
Standard message and data rates may apply
We implement comprehensive security measures including:
Encryption of data in transit and at rest
Regular security assessments and updates
Access controls and authentication procedures
Employee training on data protection
Secure data centers with physical security controls
Regular security audits and penetration testing
You have the right to:
Access: Request a copy of your personal information
Correction: Request correction of inaccurate information
Deletion: Request deletion of your personal information
Portability: Receive your data in a structured, machine-readable format
Opt-out: Unsubscribe from marketing communications
Restriction: Request limitation of processing in certain circumstances
Objection: Object to certain types of processing
To exercise these rights, contact privacy@neverclosed.ai
California residents have additional rights including:
Right to know what personal information is collected
Right to know if personal information is sold or disclosed
Right to say no to the sale of personal information
Right to equal service and price
Right to delete personal information
We retain personal information only as long as necessary to:
Fulfill the purposes outlined in these Terms
Comply with legal, accounting, or reporting requirements
Resolve disputes and enforce agreements
As permitted by applicable law
If you access our Service from outside the United States:
Your information may be transferred to and processed in the United States
By using our Service, you consent to such transfers
We ensure appropriate safeguards are in place for international transfers
Our Service is not intended for children under 13 years of age
We do not knowingly collect personal information from children under 13
If we discover we have collected information from a child under 13, we will promptly delete it
Parents/guardians who believe we have information about their child should contact us immediately
We maintain compliance with:
General Data Protection Regulation (GDPR)
California Consumer Privacy Act (CCPA)
CAN-SPAM Act
Telephone Consumer Protection Act (TCPA)
Other applicable data protection laws worldwide
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
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
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
All payment data is encrypted and secured according to industry standards
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
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
No refunds for partial months
Trial period is free with no charges
Cancellation takes effect at the end of the current billing period
99.9% uptime commitment during business hours
24/7 AI agent availability
Up to 100 simultaneous call handling capability
Real-time booking system integration
Initial agent setup: 3 business days
Production release: 15 business days
Ongoing training and optimization included
Technical support during business hours
Emergency support for critical issues
Training and onboarding assistance included
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
Your AI agent content must not:
Contain false or misleading information
Violate intellectual property rights
Include discriminatory or offensive material
Promote illegal activities
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
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
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
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
You retain all rights to:
Your business information and content
Customer data and interactions
Custom training data you provide
Your trademarks and branding
You grant us a limited license to use your content solely to provide the Service.
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
Integration with your existing booking systems
Real-time availability checking
Automated booking creation
Stripe.com integration for payment processing
You maintain your own Stripe account
We facilitate but do not control payment transactions
You are responsible for compliance with third-party service terms.
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.
We warrant that our Service will:
Perform substantially as described
Be provided with reasonable skill and care
Comply with applicable laws
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
Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim.
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
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
We will indemnify you against claims that our Service infringes third-party intellectual property rights.
Either party may terminate:
For convenience with 30 days' notice
Immediately for material breach
Immediately for insolvency or bankruptcy
Upon termination:
Service access will be discontinued
Outstanding fees become due
Data will be available for export for 30 days
Confidentiality obligations survive
Parties will attempt to resolve disputes informally for 30 days.
Unresolved disputes will be settled by binding arbitration under AAA Commercial Arbitration Rules in San Diego County, California.
Either party may seek injunctive relief for:
Intellectual property violations
Breach of confidentiality
Violations of data protection obligations
These Terms are governed by the laws of the State of California, United States.
These Terms constitute the entire agreement between the parties.
We may update these Terms with 30 days' notice for material changes.
If any provision is unenforceable, the remaining provisions continue in effect.
No waiver is effective unless in writing and signed.
Neither party is liable for delays due to circumstances beyond reasonable control.
You may not assign these Terms without our written consent.
Legal notices must be sent to the addresses provided in your account.
Never Closed LLC
3802 Rosecrans Street #333
San Diego, CA 92110
Phone: (619) 514-3201
Email: legal@neverclosed.ai
For support inquiries: support@neverclosed.ai
For privacy concerns: privacy@neverclosed.ai
For security issues: security@neverclosed.ai
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.
This document was last reviewed on November 4, 2025