Blue Collar Caller
Blue Collar
Caller

Template notice: This document is a starting template and has not been reviewed by legal counsel. Before relying on it in a commercial launch, please have an attorney specializing in SaaS, privacy, and US telecommunications law (TCPA) review and customize it for your jurisdiction and business specifics.

Terms of Service

Effective date: TBD — set on launchLast updated: TBD — set on launch

These Terms of Service ("Terms") form a legally binding agreement between you ("you," "Subscriber") and [Legal Entity Name], a [State] [entity type] ("Company," "we," "us," or "Blue Collar Caller"), and govern your access to and use of the Blue Collar Caller website, application, and AI voice receptionist service (collectively, the "Service").

By creating an account, subscribing, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and have the legal authority to enter into binding contracts on your own behalf or on behalf of the business you represent. The Service is currently offered only to businesses operating in the United States.

2. The Service

Blue Collar Caller provides an AI voice receptionist ("Sarah") designed to answer inbound phone calls forwarded from a Subscriber's business telephone number. Sarah is configured to greet callers, identify the type of service requested, collect contact information and a description of the customer's need, and schedule appointments using the Subscriber's connected calendar.

The Service is not designed for emergency communications. Sarah cannot reliably detect or respond to medical, safety, or other emergencies. If you or a caller is experiencing an emergency, dial 911 or contact appropriate emergency services directly. The Service is not a substitute for emergency dispatch.

3. Account and security

You agree to:

  • Provide accurate, current, and complete account information
  • Maintain the confidentiality of your account credentials
  • Notify us immediately of any unauthorized access or use of your account
  • Be responsible for all activity conducted under your account

We may suspend or terminate accounts that violate these Terms, that are inactive for extended periods, or that pose a security or compliance risk.

4. Subscription, billing, and refunds

  • The Service is offered on a recurring subscription basis at the prices published on our website at the time of purchase.
  • Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date through your account settings.
  • Payments are processed by Stripe, and you agree to Stripe's terms when you provide payment information.
  • All fees are non-refundable except as required by law or as expressly stated in these Terms. We do not generally provide pro-rated refunds for partial billing periods.
  • If a charge fails or a payment is reversed, we may suspend or terminate your account until payment is current.
  • We may change pricing or features with at least thirty (30) days' notice; changes take effect at the start of your next billing period.

5. Acceptable use

You agree not to use the Service to:

  • Engage in any activity that violates federal, state, or local law, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), CAN-SPAM, or state telecommunications laws;
  • Place or facilitate unsolicited telemarketing calls or messages, or call numbers on the National Do Not Call Registry without proper consent;
  • Harass, threaten, defraud, defame, or harm any person;
  • Misrepresent the source or content of any communication, including impersonating any person or business;
  • Use the Service for emergency or safety-critical communications;
  • Reverse engineer, decompile, disassemble, or attempt to derive source code of the Service or any underlying components;
  • Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Service;
  • Use automated means (other than the Service's intended functionality) to access, scrape, or interfere with the Service;
  • Interfere with or disrupt the integrity or performance of the Service, including by introducing malware or attempting unauthorized access;
  • Use the Service in a manner that exceeds reasonable usage limits, that we determine in our discretion to be abusive, or that consumes a disproportionate share of resources.

6. Subscriber responsibility under the TCPA and telecommunications laws

You are solely responsible for ensuring that your use of the Service complies with all federal, state, and local laws governing telephone communications, including without limitation the Telephone Consumer Protection Act (47 U.S.C. § 227), the FTC's Telemarketing Sales Rule, the FCC's implementing regulations, and any state laws regarding telephone calls, text messages, automatic dialing, AI/synthetic voice, call recording, and consent. Among other things, you are responsible for:

  • Obtaining the consent of any individual you contact, where consent is required by law;
  • Honoring opt-out and do-not-call requests promptly;
  • Configuring Sarah's greeting and prompts to provide any disclosure required in your jurisdiction (for example, two-party-consent recording disclosures in states such as California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington);
  • Maintaining records of consent and call activity as required by applicable law;
  • Refraining from using the Service to place outbound telemarketing calls that violate the TCPA or any other applicable law.

We provide tools (including configurable Sarah greetings) to assist with compliance, but we make no representations about whether your use will be compliant in any particular jurisdiction. You bear the ultimate legal responsibility for your use of the Service. Without limiting Section 11, you agree to indemnify and hold us harmless from any third-party claim arising out of or related to your alleged non-compliance with the TCPA, TSR, or any other telecommunications law.

7. Your data and license to us

  • You retain ownership of the data you and your callers provide through the Service ("Subscriber Data").
  • You grant us a worldwide, non-exclusive, royalty-free license to access, store, process, transmit, and display Subscriber Data solely as necessary to provide, secure, and improve the Service and to comply with applicable law.
  • You represent and warrant that (a) you have all rights and consents necessary to share Subscriber Data with us, and (b) Subscriber Data does not violate any third party's rights or any law.
  • As described in our Privacy Policy, you act as the data controller for your callers' personal data and we act as the processor.

8. Intellectual property

The Service, including the Sarah AI persona, prompts, software, source code, designs, text, graphics, logos, trademarks, and all other content (other than Subscriber Data), is owned by the Company or its licensors and is protected by intellectual property and other laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service. All rights not expressly granted are reserved.

9. Third-party services

The Service incorporates services provided by third parties (including, without limitation, Vapi.ai, Twilio, OpenAI, Google, Stripe, Supabase, Railway, and Vercel). Your use of those underlying services may be subject to their own terms and policies. We are not responsible for the acts, omissions, or availability of third-party services, but we use commercially reasonable efforts to keep the Service operational.

Google API Services — Limited Use. Blue Collar Caller's use and transfer of information received from Google APIs to any other app will adhere to the Google API Services User Data Policy, including the Limited Use requirements. Data obtained through Google APIs (Google Sign-In and the Google Calendar API) is used only to provide and improve the Service's user-facing scheduling features, is not transferred except as necessary to provide those features or as required by law, is never used for advertising, and is not read by humans except as permitted under that policy. For full details, see Section 6 of our Privacy Policy.

10. Service availability and changes

We strive to keep the Service available 24/7 but do not guarantee uninterrupted access. We may suspend or modify portions of the Service, including for maintenance, security, upgrades, or to comply with law. We will use commercially reasonable efforts to provide notice of planned outages.

11. AI limitations; disclaimer of warranties

Artificial intelligence systems can produce inaccurate, inappropriate, or unexpected results. Sarah may mishear, misclassify, double-book, mistime, omit information, or otherwise behave unexpectedly. You acknowledge and accept these limitations and agree to (a) review appointments and contact details before fulfilling them, (b) verify critical information directly with your customers when needed, and (c) configure Sarah and the related settings appropriately for your business.

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS, OR ANTICIPATED SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the foregoing limitations apply to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your access to or use of the Service;
  • Your breach of these Terms;
  • Your violation of any law or regulation, including the TCPA, TSR, or any state telecommunications law;
  • Subscriber Data, including any claim that Subscriber Data infringes or violates the rights of a third party;
  • Any dispute between you and a third party (including any caller or end customer).

14. Termination

You may terminate your account at any time by cancelling your subscription through your account settings or by emailing support@bluecollarcaller.com. We may suspend or terminate your access to the Service immediately, without notice or liability, for any breach of these Terms or for any other reason we determine in our reasonable discretion.

Upon termination: (a) your right to use the Service ceases; (b) any unpaid fees become immediately due; (c) we may delete or anonymize your account data after the retention period described in our Privacy Policy; and (d) provisions that by their nature should survive termination (including Sections 6, 7, 8, 11, 12, 13, 15, and 16) will survive.

15. Governing law and dispute resolution

These Terms are governed by and construed in accordance with the laws of the State of [State, e.g. Delaware], without regard to its conflict-of-laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in [City, State], except that either party may bring an individual action in small-claims court or seek injunctive relief in court to protect intellectual-property rights.

YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.

16. Changes to these Terms

We may revise these Terms from time to time by posting an updated version with a new "Last updated" date and, for material changes, notifying Subscribers by email. Continued use of the Service after the effective date of revised Terms constitutes acceptance. If you do not agree with the revised Terms, your sole remedy is to discontinue use of the Service.

17. Miscellaneous

  • Entire agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous understandings.
  • Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • No waiver. Our failure to enforce a right or provision is not a waiver of that right or provision.
  • Assignment. You may not assign these Terms or your account without our prior written consent. We may assign these Terms freely.
  • Notices. We may provide notices to you by email at the address on file. You should provide us notices at legal@bluecollarcaller.com.
  • Force majeure. We will not be liable for any failure or delay due to events outside our reasonable control.

18. Contact

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