Terms of Service

1. Acceptance of Terms

By accessing or using AgentZap's AI-powered appointment scheduling and customer service platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

2. Description of Service

AgentZap provides an AI-powered virtual receptionist and appointment scheduling platform that includes:

24/7 AI phone answering and call handling
Automated appointment scheduling and management
CRM and calendar integrations
Call recording and transcription services
Analytics and reporting dashboards
Multi-channel communication support

3. Account Registration

To use our Service, you must:

Be at least 18 years old or have legal authority to enter contracts
Provide accurate and complete registration information
Maintain the security of your account credentials
Promptly update any changes to your information
Accept responsibility for all activities under your account

4. Subscription and Billing

4.1 Pricing

Subscription fees are based on your selected plan and usage. Current pricing is available on our website. We reserve the right to modify pricing with 30 days' notice.

4.2 Payment Terms

Subscriptions are billed monthly or annually in advance
Payment is due upon invoice receipt
We accept major credit cards and ACH transfers
Failed payments may result in service suspension

4.3 Refund Policy

We offer a 30-day money-back guarantee for new subscribers. If our AI agent fails to perform as committed or does not behave in accordance with the service expectations outlined in your plan within the first 30 days, you are entitled to a full refund, no questions asked. After this period, refunds are provided at our discretion. Annual subscriptions may receive prorated refunds for unused months. All approved refunds will be processed within two (2) working days.

4.3.1 Non-Refundable One-Time Fees

The following one-time fees, if charged, are non-refundable under any circumstances, including early termination by Customer or termination by Company without cause:

(a) AI Training and Knowledge Base Setup Fee – the one-time fee for initial configuration, scripting, and training of the AI voice agent on Customer's Knowledge Base.
(b) Integration Fee – the one-time fee for connecting and configuring the Service with Customer's existing software, CRM, or third-party platforms.
(c) RPA (Robotic Process Automation) Fee – the one-time fee for building, deploying, and configuring any robotic process automation workflows on Customer's behalf.

These fees represent work already performed at the time of payment and are fully earned upon completion of the applicable service, regardless of whether Customer continues the Subscription.

5. Acceptable Use

You agree not to use our Service to:

Violate any applicable laws or regulations
Infringe on intellectual property rights
Transmit malware, spam, or harmful content
Harass, abuse, or harm others
Attempt to gain unauthorized access to systems
Interfere with the Service's operation
Use the Service for illegal telemarketing or robocalls
Misrepresent the AI as a human caller without disclosure

6. AI and Call Recording Disclosures

You acknowledge and agree that:

Our Service uses AI technology to handle calls and communications
You are responsible for complying with call recording laws in your jurisdiction
You will provide appropriate disclosures to callers as required by law
You will configure settings to comply with two-party consent states if applicable

7. Consent for AI-Generated Calls (TCPA Compliance)

By using AgentZap and providing your phone number, you expressly consent to receive AI-generated and automated telephone calls and voicemails from AgentZap and its AI agents at the phone number(s) you provide. We send text messages only to people who opt in separately, as described in section 7.5. This consent includes, but is not limited to:

Outbound AI Calls: You consent to receive calls made by our AI sales agents, virtual receptionists, and automated systems for purposes including appointment confirmations, reminders, follow-ups, service updates, and promotional communications.
Artificial or Prerecorded Voice: You understand and agree that calls may be made using artificial intelligence, prerecorded messages, or automated voice technology.
Autodialed Calls: You consent to calls made using automatic telephone dialing systems (ATDS) as defined under the Telephone Consumer Protection Act (TCPA).
Text Messages: Not covered by this section. Texts are sent only to people who opt in under one of the SMS Messaging Programs in section 7.5.

7.1 Scope of Consent

This consent to calls applies to the phone numbers you provide to us, whether during registration, through your account settings, or through any other means. Your consent is not a condition of purchasing any goods or services, but certain features of our Service may require it to function properly. Providing a phone number is never consent to text messages; that is given only by ticking the opt-in box described in section 7.5.

7.2 Withdrawal of Consent

You may withdraw your consent to receive AI-generated calls or text messages at any time by:

Replying "STOP" to any text message
Updating your communication preferences in your account settings
Contacting us at support@agentzap.ai
Calling us at +1-804-208-9894

Please note that withdrawing consent may limit our ability to provide certain services, including appointment reminders and important notifications.

7.3 Message and Data Rates

Standard message and data rates may apply to text messages. Message frequency varies; see section 7.5 for the full terms of the AgentZap SMS Messaging Programs.

7.4 Your Responsibilities for End-User Consent

If you use AgentZap to contact your own customers or leads, YOU are responsible for:

Obtaining proper prior express written consent from individuals before using our AI calling features to contact them
Maintaining records of consent as required by TCPA and FTC regulations
Honoring opt-out requests from individuals you contact
Complying with all applicable telemarketing laws, including the TCPA, Telemarketing Sales Rule (TSR), and state-specific regulations
Ensuring calls are made only during permitted hours (8 AM to 9 PM local time)
Maintaining an internal Do-Not-Call list

AgentZap provides tools to help you maintain compliance, but ultimate responsibility for legal compliance rests with you.

7.5 SMS Messaging Programs

AgentZap (a product of Mega Systems LLC) runs two text-message programs. Consent to each is separate and optional, is given by ticking an unchecked box, and is never a condition of purchase or employment. Providing a phone number anywhere else, including when you create an account, is not consent to texts.

(a) Demo and enquiry texts. You opt in by ticking the text-message box on a demo, sign-up or contact form. We send demo confirmations, reminders and reschedule links, account set-up and support updates, and replies to your enquiry. Frequency varies with your booking, account or enquiry.

(b) AgentZap SMS Call Alerts (for AgentZap customers and their team members). You get a text when the AgentZap AI receptionist takes a message from a caller for your business. You opt in yourself, for your own mobile number: in the AgentZap dashboard at app.agentzap.ai if you are an admin of your business (Settings › Notifications › SMS Notifications), or on a personal opt-in page your business sends you. Enter your number and tick the unchecked consent box; we text a one-time code to check that the number is yours, and after you enter it you will receive one confirmation text. No one can opt in a number for someone else. Call alerts are never sent to a business's callers or customers and contain no marketing. Frequency varies with your business's call volume. See AgentZap SMS Call Alerts for screenshots of the opt-in.

For both programs: Message and data rates may apply. To opt out, reply STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, REVOKE or OPTOUT) to any message; you will receive one confirmation text and no further messages from that program. A business's admins can also pause call alerts to its numbers in the dashboard. For help, reply HELP, email support@agentzap.ai or call +1-804-208-9894. Mobile carriers are not liable for delayed or undelivered messages. Your mobile number and opt-in data are never sold or shared with third parties or affiliates for marketing or promotional purposes; see section 5 of our Privacy Policy.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. You retain ownership of your data and grant us a license to process it to provide the Service. We implement industry-standard security measures to protect your data.

9. Intellectual Property

AgentZap and its licensors retain all rights to the Service, including software, designs, trademarks, and content. You receive a limited, non-exclusive license to use the Service during your subscription. You may not copy, modify, distribute, or reverse engineer any part of the Service.

10. Third-Party Integrations

Our Service integrates with third-party platforms. Your use of these integrations is subject to the respective third-party terms. We are not responsible for third-party services' availability, accuracy, or compliance.

11. Service Level Agreement

We strive to maintain 99.9% uptime for our Service. Scheduled maintenance will be announced in advance. Service credits may be available for extended outages as specified in your plan.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

AgentZap shall not be liable for indirect, incidental, special, consequential, or punitive damages
Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim
We are not liable for losses resulting from third-party services or your violation of these Terms

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee that the Service will be uninterrupted, error-free, or secure.

14. Indemnification

You agree to indemnify and hold harmless AgentZap, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

15. Termination

15.1 By You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period.

15.2 By Us

We may suspend or terminate your account for violation of these Terms, non-payment, or at our discretion with 30 days' notice. Immediate termination may occur for serious violations.

15.3 Effect of Termination

Upon termination, your access to the Service will cease. You may request export of your data within 30 days of termination. We may retain certain data as required by law.

16. Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in San Francisco, California, under the rules of the American Arbitration Association. You waive any right to participate in class actions.

17. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any legal action must be brought in the courts of San Francisco County, California.

18. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or through the Service. Continued use after changes constitutes acceptance of the updated Terms.

19. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and AgentZap
Severability: If any provision is unenforceable, the remaining provisions remain in effect
Waiver: Failure to enforce any right does not waive future enforcement
Assignment: You may not assign these Terms without our consent

20. Contact Information

For questions about these Terms, please contact us:

Email: legal@agentzap.ai
Address: AgentZap, 30 N Gould St, Ste 40651, Sheridan, WY 82801, USA