Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Frostbyte AI Receptionist platform (the “Service”) operated by Frostbyte Digital LLC (“we,” “us,” or “Frostbyte Digital”), a company organized under the laws of the State of Alaska, United States. By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

Frostbyte Receptionist is an AI-powered phone receptionist platform that provides:

• Automated phone call answering and handling using artificial intelligence
• Call transcription and summary generation
• Appointment booking and scheduling
• Message taking and caller information capture
• Integration with third-party services (e.g., Google Calendar)
• A dedicated business phone number provisioned through our telephony partner
• A web-based dashboard for configuration, call logs, bookings, and analytics

The Service uses artificial intelligence and is not a substitute for human receptionists in all situations. AI responses may occasionally be inaccurate or inappropriate. You are responsible for reviewing call outcomes and booking details.

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement. The Service is designed for business use and is not intended for personal consumer use.

3.2 Account Security

You are responsible for:

• Providing accurate and complete registration information
• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that violate these Terms or are used for fraudulent purposes.

4. Subscription & Payment

4.1 Plans and Pricing

The Service is offered on a subscription basis. Current plans, pricing, and features are displayed on our billing page. New accounts may include a promotional trial period. Trial availability and duration may change at our discretion.

4.2 Billing

• Subscriptions are billed monthly in advance via Stripe
• All fees are in US Dollars and are non-refundable except as required by law
• You authorize us to charge your payment method on a recurring basis
• Failed payments may result in service suspension after a grace period

4.3 Price Changes

We may change pricing with at least 30 days' notice via email. Continued use after a price change constitutes acceptance of the new pricing. You may cancel before the price change takes effect.

4.4 Phone Numbers

Upon subscribing, a dedicated phone number is provisioned for your account through our telephony partner (Twilio). This number remains associated with your account for the duration of your subscription. Phone numbers may be released if your subscription is terminated or remains unpaid for an extended period.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Conduct unsolicited telemarketing, robocalling, or spam calls
• Transmit harmful, threatening, abusive, or illegal content
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to any part of the Service
• Use the Service for any fraudulent, deceptive, or illegal purpose
• Reverse-engineer, decompile, or disassemble any part of the Service
• Resell or sublicense access to the Service without our written consent

Violation of this section may result in immediate account suspension or termination without notice.

6. AI Receptionist Usage

6.1 AI Limitations

The AI receptionist is designed to handle routine business calls. You acknowledge that:

• AI responses are generated automatically and may contain errors
• The AI may misunderstand caller intent, names, or details
• Bookings made by the AI should be reviewed and confirmed by you
• The AI is not suitable for emergency services, medical advice, or legal counsel

6.2 Call Recording & Compliance

You are solely responsible for:

• Complying with all applicable call recording consent laws in your jurisdiction
• Providing required disclosures to callers that they are interacting with an AI system
• Obtaining necessary consents for call recording and data collection
• Complying with the Telephone Consumer Protection Act (TCPA) and FCC regulations

While we provide configurable disclosure messages, you are responsible for ensuring they meet your legal requirements.

6.3 Configuration Responsibility

You are responsible for configuring your AI receptionist accurately, including business information, FAQs, operating hours, and service types. Frostbyte Digital is not liable for incorrect information provided to callers due to misconfiguration.

7. Third-Party Integrations

The Service integrates with third-party services such as Google Calendar. When you enable integrations:

• You authorize us to access and use data from those services as described in our Privacy Policy
• Third-party services are governed by their own terms and privacy policies
• We are not responsible for the availability, accuracy, or security of third-party services
• You may disconnect integrations at any time from your dashboard

8. Intellectual Property

8.1 Our Property

The Service, including all software, design, branding, content, and technology, is owned by Frostbyte Digital LLC and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes.

8.2 Your Content

You retain ownership of all content you provide, including business information, FAQs, and configuration data. You grant us a limited license to use this content solely to provide the Service.

9. User Data & Content

Call data, transcripts, bookings, and messages generated through the Service are your data. We process this data on your behalf to provide the Service, as described in our Privacy Policy. You may export your data at any time and request deletion upon account termination.

We maintain strict data isolation between customer accounts. Your data is never shared with or used for the benefit of other customers.

10. Service Availability & Support

10.1 Uptime

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or factors beyond our control. We will provide reasonable notice of planned maintenance when possible.

10.2 Support

Support is available via email. We aim to respond to inquiries within 1-2 business days. Glacier Growth and Northern Lights subscribers may receive priority support as described in their plan details.

11. Limitation of Liability

This limitation applies to all claims, including but not limited to: AI errors or inaccuracies, missed or mishandled calls, incorrect bookings, integration failures, and service interruptions.

12. Warranty Disclaimers

13. Indemnification

You agree to indemnify, defend, and hold harmless Frostbyte Digital, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service or violation of these Terms
• Your failure to comply with call recording, AI disclosure, or other applicable laws
• Content you provide through the Service (business information, FAQs, etc.)
• Your interactions with callers or third parties through the Service

14. Termination

14.1 By You

You may cancel your subscription at any time through the billing portal or by contacting us. Cancellation takes effect at the end of your current billing period. You will retain access until then.

14.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay subscription fees after reasonable notice
• Use the Service for illegal purposes
• Engage in activity that harms the Service or other users

For non-urgent violations, we will provide 30 days' notice and an opportunity to cure the violation before termination.

14.3 Effect of Termination

Upon termination:

• Your access to the Service will cease
• Your phone number may be released after 30 days
• You may export your data within 30 days of termination
• We will delete your data in accordance with our Privacy Policy
• Provisions that by their nature should survive termination will survive (including Sections 8, 11, 12, 13, and 15)

15. Governing Law & Disputes

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Alaska, United States, without regard to conflict of law principles.

15.2 Dispute Resolution

Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Alaska, United States.

15.3 Class Action Waiver

You agree that any disputes shall be resolved on an individual basis and not as part of any class, consolidated, or representative action.

16. Changes to Terms

We may update these Terms from time to time. For material changes, we will notify you via email at least 30 days before changes take effect. We will update the “Last Updated” date at the top of this page. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

If you do not agree to updated Terms, you must stop using the Service and cancel your subscription before the effective date.

17. Contact Information

General Provisions

• Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Frostbyte Digital regarding the Service.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.