Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of TheRareKeep's AI receptionist services, website, and related platforms ("Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services. These Terms comply with consumer protection laws in various jurisdictions including the United States, European Union, and India.

2. Definitions

3. Service Description

3.1 AI Receptionist Features

• • 24/7 automated call handling and customer support
• • Appointment scheduling and calendar management
• • Lead capture and qualification
• • Multi-language support and international calling
• • Integration with CRM systems and business tools
• • Call recording, transcription, and analytics

3.2 Third-Party Integrations

Our Services integrate with various third-party providers:

• • N8N: Workflow automation and business process management
• • Zadarma: Virtual phone numbers and telecommunications
• • Resend: Email delivery and transactional communications
• • WhatsApp Business API: Messaging and customer communication
• • Various CRM, calendar, and business management systems

4. Eligibility and Account Registration

4.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding agreements. If you are using our Services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

4.2 Account Security

• • Maintain the confidentiality of your account credentials
• • Notify us immediately of any unauthorized access
• • Use strong passwords and enable two-factor authentication when available
• • You are responsible for all activities that occur under your account

5. Acceptable Use Policy

5.1 Permitted Uses

• • Use Services for legitimate business purposes
• • Comply with all applicable laws and regulations
• • Maintain respectful communication with AI agents and support staff
• • Provide accurate information during setup and configuration

5.2 Prohibited Activities

• • Use Services for illegal activities or fraud
• • Attempt to reverse engineer or compromise our systems
• • Transmit spam, malware, or harmful content
• • Violate intellectual property rights
• • Harass or abuse other users or our staff
• • Use Services to compete with or replicate our offerings
• • Engage in activities that violate consumer protection laws

6. Service Availability and Performance

6.1 Uptime and Reliability

We strive to maintain 99.9% uptime for our core AI receptionist services. Planned maintenance will be announced in advance, and we will work to minimize service disruptions.

6.2 Service Modifications

We may modify, update, or discontinue features with reasonable notice. Critical changes that materially affect service functionality will be communicated at least 30 days in advance.

7. Pricing and Payment Terms

7.1 Fees and Billing

• • Subscription fees are billed in advance on a monthly or annual basis
• • Usage-based charges (call minutes, SMS) are billed monthly in arrears
• • All prices are exclusive of applicable taxes unless stated otherwise
• • Fees are non-refundable except as required by law or our refund policy

7.2 Payment Processing

Payments are processed through secure third-party payment processors. By providing payment information, you authorize us to charge the applicable fees to your payment method.

7.3 Late Payments and Suspension

Past due accounts may result in service suspension after 7 days' notice. A reinstatement fee may apply to restore suspended services.

8. Data Handling and Privacy

8.1 Customer Data

You retain ownership of your data. We process your data as outlined in our Privacy Policy and in accordance with applicable data protection laws including GDPR, CCPA, and Indian IT Rules.

8.2 Voice Recordings

• • Call recordings are used to provide services and improve AI performance
• • Recordings are stored securely and encrypted at rest and in transit
• • Standard retention period is 90 days unless extended for business purposes
• • You can request deletion of recordings subject to legal requirements

8.3 AI Training and Improvement

We may use anonymized and aggregated data to improve our AI models and services. Personal identifiers are removed before any training data is used.

9. Intellectual Property Rights

9.1 Our Intellectual Property

TheRareKeep owns all rights, title, and interest in our Services, including software, algorithms, trademarks, and proprietary technologies. You may not copy, modify, or distribute our intellectual property.

9.2 Customer Content License

You grant us a limited license to use your content solely to provide our Services. This license terminates when your account is closed, except for data retention requirements.

10. Warranties and Disclaimers

10.1 Service Warranties

We warrant that our Services will substantially conform to our published specifications. We will use commercially reasonable efforts to correct any material non-conformance.

10.2 AI Performance Disclaimer

While our AI is highly trained and continuously improved, we cannot guarantee 100% accuracy in call handling, transcription, or automated responses. You should review and validate important AI-generated actions.

10.3 Third-Party Services

We disclaim warranties for third-party services (N8N, Zadarma, Resend, WhatsApp Business API) integrated with our platform. These services are governed by their respective terms.

11. Limitation of Liability

11.1 Liability Cap

Our total liability for all claims related to these Terms or our Services shall not exceed the amount you paid us in the 12 months preceding the claim.

11.2 Excluded Damages

We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption, except where prohibited by law.

12. Indemnification

You agree to indemnify and hold us harmless from claims arising from your use of our Services, violation of these Terms, or infringement of third-party rights. This indemnification is subject to applicable consumer protection laws.

13. Termination

13.1 Termination by Customer

You may terminate your account at any time with 30 days' notice. You remain responsible for all charges incurred before termination.

13.2 Termination by TheRareKeep

• • For convenience with 30 days' notice
• • For cause immediately upon material breach of these Terms
• • For non-payment after 30 days past due
• • For violation of acceptable use policies

13.3 Effect of Termination

Upon termination, your access to Services will cease, and we will provide you with an export of your data for 30 days, after which it may be deleted.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us to resolve disputes informally. We will respond to dispute notifications within 15 business days.

14.2 Jurisdiction-Specific Procedures

• • US Customers: Disputes may be resolved through binding arbitration
• • EU Customers: Right to file complaints with relevant data protection authorities
• • Indian Customers: Subject to Indian Consumer Protection Act and IT Rules
• • Other Jurisdictions: Governed by local consumer protection laws

15. Governing Law and Compliance

15.1 Applicable Laws

These Terms are governed by the laws of your jurisdiction, with specific compliance measures for:

• • GDPR for European Union residents
• • CCPA for California residents
• • Indian IT Rules and Consumer Protection Act for Indian residents
• • Applicable telecommunications and consumer protection laws globally

15.2 Regulatory Compliance

We maintain compliance with telecommunications regulations, data protection laws, and consumer protection statutes in the jurisdictions where we operate.

16. Changes to Terms

We may update these Terms periodically. Material changes will be communicated via email or platform notification at least 30 days before taking effect. Your continued use of our Services constitutes acceptance of updated Terms.

17. Contact Information

For questions about these Terms or to report violations, contact us:

18. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and TheRareKeep.