Terms of Service

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Notice: These Terms of Service constitute a legally binding agreement. Please read them carefully before using our services. By using Frankly Alice, you agree to be bound by these Terms.

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Frankly Alice LLC, a Pennsylvania single-member limited liability company ("Company," "we," "us," or "our"). By accessing our website at franklyalice.com, creating an account, or using any of our services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a business entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you must not access or use our services.

2. Description of Services

Frankly Alice provides a Software-as-a-Service (SaaS) platform that delivers custom AI assistant services, including but not limited to automated call answering, SMS text follow-up, appointment scheduling, missed-call text-back, and proactive callback features (collectively, the "Services"). The Services are designed for small to mid-sized businesses operating within the United States. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice to active subscribers.

3. Eligibility

You must be at least 18 years of age and capable of forming a legally binding contract to use our Services. By using the Services, you represent and warrant that you meet these requirements. The Services are intended solely for business use within the United States. Use of the Services for personal, family, or household purposes is not permitted.

4. Account Registration

To access the Services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.

5. Subscription and Billing

The Services are offered on a month-to-month subscription basis. Subscription fees are billed in advance on a monthly cycle beginning on the date you activate your subscription. All payments are processed securely through Stripe, Inc., a third-party payment processor. We do not store, retain, or have access to your payment card information; all payment data is handled exclusively by Stripe in accordance with their privacy policy and PCI-DSS compliance standards. Subscription fees are non-refundable except as expressly stated in these Terms or required by applicable law. We reserve the right to change subscription pricing upon thirty (30) days' written notice to your registered email address. Continued use of the Services after a price change takes effect constitutes your acceptance of the new pricing.

6. Free Trial

We may offer a seven (7) day free trial to new customers. No credit card is required to begin a free trial. At the end of the trial period, you must provide payment information and select a subscription plan to continue using the Services. We reserve the right to modify or discontinue free trial offers at any time without notice. Only one free trial is permitted per business entity.

7. Cancellation

You may cancel your subscription at any time by contacting us at [email protected] or through your account settings. Cancellations take effect at the end of the current monthly billing period. You will retain access to the Services through the end of the paid period. We are not obligated to provide refunds for any unused portion of a subscription period, except where required by applicable law. We reserve the right to cancel or suspend your account for violation of these Terms, non-payment, or any other reason at our sole discretion, with or without notice.

8. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not: (a) use the Services to transmit unsolicited commercial communications in violation of the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or any other applicable law; (b) use the Services to harass, threaten, or harm any individual; (c) attempt to gain unauthorized access to any part of the Services or related systems; (d) reverse engineer, decompile, or disassemble any component of the Services; (e) resell, sublicense, or otherwise transfer access to the Services to any third party without our prior written consent; (f) use the Services in any manner that could damage, disable, or impair our infrastructure. You are solely responsible for ensuring your use of the Services complies with all applicable federal, state, and local laws, including telecommunications regulations.

9. Customer Data and Privacy

You retain ownership of all data, content, and information you submit to the Services ("Customer Data"). By using the Services, you grant us a limited, non-exclusive license to process Customer Data solely as necessary to provide the Services to you. We will handle Customer Data in accordance with our Privacy Policy, available at franklyalice.com/privacy. You represent and warrant that you have obtained all necessary consents and authorizations required under applicable law to submit Customer Data to the Services, including any consents required under the TCPA for automated communications with your customers.

10. Intellectual Property

All rights, title, and interest in and to the Services, including all software, algorithms, interfaces, documentation, and branding, are and shall remain the exclusive property of Frankly Alice LLC. These Terms do not grant you any ownership rights in the Services. The Frankly Alice name, logo, and all related marks are trademarks of Frankly Alice LLC. You may not use our trademarks without our prior written consent. Any feedback, suggestions, or ideas you provide regarding the Services may be used by us without restriction or compensation to you.

11. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. This obligation does not apply to information that: (a) is or becomes publicly available through no breach of this agreement; (b) was rightfully known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of confidential information; or (d) is required to be disclosed by law or court order, provided the receiving party gives prompt written notice to the disclosing party.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRANKLY ALICE LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless Frankly Alice LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party rights, including privacy rights; or (e) any content or data you submit through the Services.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall first be submitted to good-faith negotiation between the parties. If the dispute is not resolved within thirty (30) days of written notice, it shall be resolved by binding arbitration administered in accordance with the American Arbitration Association's Commercial Arbitration Rules, with proceedings conducted in Pennsylvania. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

16. Class Action Waiver

YOU AND FRANKLY ALICE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide at least thirty (30) days' notice of material changes by sending an email to your registered address or by posting a notice on our website. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must cancel your subscription before the effective date of the changes.

18. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

19. Entire Agreement

These Terms, together with our Privacy Policy and any order forms or service agreements executed between the parties, constitute the entire agreement between you and Frankly Alice LLC with respect to the Services and supersede all prior and contemporaneous agreements, representations, and understandings. No amendment to these Terms shall be effective unless made in writing and signed by an authorized representative of Frankly Alice LLC.

20. Contact Information

If you have any questions about these Terms or our Services, please contact us at: Frankly Alice LLC, a Pennsylvania Single-Member LLC. Email: [email protected]. Website: franklyalice.com

Questions about these Terms? Email us at [email protected]