Terms And Conditions

Effective Date: September 9, 2024

Welcome to LiveCaller.ai

This Terms of Service Agreement (“Agreement”) governs your use of LiveCaller.ai (“Service”), an AI-powered phone agent solution owned and operated by 4Spot Marketing LLC (“Company,” “We,” “Us,” “Our”). By using or accessing the Service, you agree to comply with and be bound by the following Terms of Service. If you do not agree with these terms, you must not use our Service.

1. Definitions

  • “Service” refers to the AI phone calling services, software, and related products provided by LiveCaller.ai.
  • “You” or “Your” refers to any user of the Service.
  • “Credits” refer to prepaid usage funds that are applied towards the purchase of minutes for AI phone agent services.
  • “Subscription Plan” refers to the month-to-month subscription fee associated with accessing the Service, which may include base-level access or premium features.

2. Acceptance of Terms

By using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept these terms, you must immediately cease using the Service. Your continued use of the Service after any modification to these terms constitutes your acceptance of the updated Agreement.

3. Modification of Terms

We reserve the right to modify this Agreement at any time and without prior notice. Such modifications will become effective upon posting. You are encouraged to review the Agreement periodically for updates. Continued use of the Service after changes are made will signify your acceptance of the revised terms.

4. Description of Service

LiveCaller.ai provides a subscription-based AI phone agent system designed to handle inbound and outbound calls, including but not limited to virtual receptionists, B2B sales calls, and other customizable solutions for phone communication.

5. Subscription Plans and Credits

5.1 Subscription Model

  • The Service is offered on a month-to-month subscription basis. There are no long-term commitments, and you may cancel at any time. Upon cancellation, your subscription will remain active until the end of the current billing period. For example, if you sign up on January 16 and cancel on January 20, your subscription will end on February 16.
  • If a free trial period is offered, your credit card will be charged on the first day after the trial period ends, unless you cancel the subscription before that billing date. You are responsible for canceling your subscription prior to the conclusion of the trial period to avoid charges.

5.2 Credits and Rollover Policy

  • In addition to the subscription, you may purchase Credits which are used to cover the cost of minutes for phone calls made via the Service.
  • Credits that you purchase roll over for up to two months. If unused within this period, they may expire. For example, Credits purchased in January will roll over to February and March, but will expire by the end of March if unused.
  • Credits do not constitute a form of legal tender and may only be used for Service-related purposes. Credits are non-refundable and non-transferable.

6. Compliance with Laws

You agree to comply with all applicable laws and regulations when using the Service, including Federal Communications Commission regulations regarding telemarketing calls, autodialed calls, prerecorded calls, and unsolicited advertisements. You will not use the Service for any unlawful purpose, including violating federal and state telemarketing laws.

7. Billing and Payment Methods

All payments for subscription fees and credits are non-refundable for any reason. Payments must be made via approved payment methods, which include Visa, Mastercard, American Express, Discover, ACH, and wire transfers. You authorize us to charge your payment method for the applicable fees at the time of purchase and for subsequent monthly renewals unless you cancel the subscription.

7.1 Large Credit Purchases For significant purchases of credits, we may require payment via ACH or wire transfer instead of a credit card. This requirement will be communicated to you at the time of purchase if applicable.

7.2 Automatic Repurchase of Credits If you opt for automatic repurchase of credits, when you reach 95% of your usage threshold, additional credits will be automatically purchased and charged to your payment method on file. You may modify or disable this feature through your account settings.

8. Prohibited Uses

You may not use the Service to make any calls to emergency telephone lines, public safety answering points, health care facilities, or any service for which the called party is charged for the call. You may not use the Service to engage in spamming or other abusive calling practices. We reserve the right to limit calling frequency to prevent unlawful calling activity.

9. User Account and Security

You must create an account to access certain features of the Service. By registering, you agree to:

  • Provide accurate and current account information.
  • Maintain the confidentiality of your login credentials.
  • Be responsible for all activities conducted under your account.

10. Ownership and Proprietary Rights

The Service, including but not limited to all content, design, software, and proprietary information, is owned by 4Spot Marketing LLC and protected under applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

11. Indemnification

You agree to indemnify and hold harmless 4Spot Marketing LLC, its affiliates, officers, employees, and agents from any claims, damages, liabilities, or expenses (including attorney’s fees) arising from your use of the Service, violation of this Agreement, or breach of any laws related to your use of the Service.

12. Limitation of Liability

To the fullest extent permitted by law, 4Spot Marketing LLC will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or relating to the Service or this Agreement. Your sole remedy for dissatisfaction with the Service is to discontinue using the Service.

13. Termination

LiveCaller.ai may terminate your access and use of the Service at any time and for any reason. LiveCaller.ai may suspend or terminate your account if you violate these Terms, abuse the Service, use the Service in a way not intended, commit fraud, or violate any applicable law. If your access is terminated, your account will be deactivated and you may no longer be able to access your account or any files or other content contained in the account, and LiveCaller.ai will have no liability to you.

14. Disclaimers

THE SERVICE AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LIVECALLER.AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LIVECALLER.AI DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

15. Limitation of Liability

LIVECALLER.AI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE ACCESS OR USE OF THE SERVICE OR MATERIALS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR MATERIALS IS TO STOP USING THE SERVICE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF LIVECALLER.AI FOR ALL DAMAGES, LOSSES, AND CLAIMS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL BE ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIVECALLER.AI’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16. Governing Law

This Agreement is governed by the laws of the State of Nevada without regard to conflict of law principles. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and Federal courts located in Nevada.

17. Additional Terms

17.1 Modification of Terms: LiveCaller.ai reserves the right, at its sole discretion, to modify these Terms, including the Privacy Policy and other policies incorporated herein, at any time and without prior notice. Your continued use of the Service after any such changes constitutes your binding acceptance of the new Terms. If any change is unacceptable to you, your sole remedy is to cease using the Service.

17.2 Miscellaneous: If any provision of these Terms is found unenforceable, it shall be severed without affecting the enforceability of the remaining provisions. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and LiveCaller.ai. No person or entity not a party to these Terms is an intended third-party beneficiary, and no provision hereunder confers any right or benefit to such third party. LiveCaller.ai may assign its rights and obligations under these Terms.

17.3 Entire Agreement: These Terms constitute the entire agreement between you and LiveCaller.ai with respect to the Service. They expressly supersede and replace any prior agreements or understandings, written or oral, relating to the Service.

17.4 Feedback: If you provide LiveCaller.ai with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service (“Feedback”), you hereby assign to LiveCaller.ai all right, title, and interest in that Feedback, including all intellectual property rights. LiveCaller.ai may use and share any Feedback without restriction or compensation to you.

17.5 Indemnification: You agree to fully indemnify, defend, and hold harmless LiveCaller.ai, its affiliates, officers, employees, and agents from and against any and all claims, damages, liabilities, losses, investigations, inquiries, costs, and expenses (including attorneys’ fees and court costs) that arise out of or result from (i) your use or misuse of the Service, (ii) your violation of these Terms, and (iii) your violation of any rights of another. LiveCaller.ai reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate in that defense. The provisions of this section will survive any termination of your account or the Service.

17.6 Governing Law: These Terms are governed by the laws of the State of Nevada, without regard to conflict of law principles. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts located in Nevada.

17.7 Termination: LiveCaller.ai may terminate your access and use of the Service at any time and for any reason. LiveCaller.ai may suspend or terminate your account if you violate these Terms, abuse the Service, use the Service in a way not intended, commit fraud, or violate any applicable law. If your access is terminated, your account will be deactivated, and you may no longer be able to access your account or any files or other content contained in the account. LiveCaller.ai will have no liability to you for such termination.