Terms of Service

DRAFT: counsel must review before launch. This is a starting text written by the product team. It is not legal advice and must be reviewed by a lawyer before outside customers rely on it. Bracketed items need a decision.

These Terms of Service ("Terms") are an agreement between [legal entity name], doing business as Sell For Me ("we", "us"), and the business that creates an account ("you"). By creating an account or using Sell For Me ("the Service") you agree to these Terms, the Acceptable Use Policy and the Privacy Policy. The person who accepts these Terms confirms they are authorized to bind the business.

1. The Service

Sell For Me provides AI sales reps that call, text and email your leads, book appointments and take payments for you, plus the dashboard and tools around them. The Service is for businesses, not for personal or household use.

2. Your account

2.1. You must give accurate information and keep it up to date, keep your sign-in details secure, and tell us at once about any unauthorized use.

2.2. You are responsible for everything done in your account, including by your team members.

3. Your responsibilities

3.1. Compliance. You are responsible for complying with every law that applies to your outreach and sales, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, CAN-SPAM, state telemarketing and "mini-TCPA" laws, call-recording laws, and consumer-protection laws.

3.2. Consent. You warrant that you have, and will keep records of, the consent the law requires for every person the Service contacts for you.

3.3. What you sell. You are responsible for your products and services, your prices, claims, refunds and delivery, and for the accuracy of everything you tell us or your reps.

3.4. Acceptable use. You must follow the Acceptable Use Policy.

4. AI reps

The Service uses artificial intelligence. AI can make mistakes. Your reps always disclose that they are AI and follow fixed safety rules (opt-outs, crisis, hardship, no income claims) that you cannot turn off. Review your reps' scripts and results regularly.

5. Plans, trials and payment

5.1. Paid plans are billed in advance through our payment processor (Stripe). Free trials need a card and turn into a paid plan at the end of the trial unless you cancel first.

5.2. Minutes, numbers and other limits are as shown for your plan. Calls stop when your minutes run out unless you add more.

5.3. If a payment fails we may pause outbound calling after a grace period. Fees are not refundable except where the law requires or we say otherwise in writing. [Counsel: confirm refund and cancellation terms, auto-renewal notices by state.]

6. Monitoring, suspension and termination

6.1. We may monitor use of the Service to enforce these Terms and the AUP, as described in the AUP.

6.2. We may suspend or limit the Service, including outbound calling and texting, at any time if we believe you have broken these Terms, the AUP or the law, or if needed to protect people, our carriers or the Service. New accounts have lower daily limits and closer review at first.

6.3. You may cancel at any time from Settings. We may end these Terms on notice, or at once for a serious breach.

7. Your data

You own the data you put into the Service ("Customer Data"). You let us use it to provide, secure and improve the Service, as the Privacy Policy describes. You are the controller of your leads' personal data; we process it for you. [Counsel: data processing terms.]

[DRAFT – pending counsel. Not in force; the setting below is off for every account until counsel approves this clause and a new terms version is published.] Learning across businesses. While your workspace's "Learning across businesses" setting is on (off by default; you can turn it on or off at any time in Settings > My account), we may use de-identified, aggregated results of the tests the Service runs for you, such as which kind of answer booked more appointments in your industry, to suggest improvements to all customers. We use only counts and fixed labels, never your or your leads' words, names or contact details, and only results combined from at least five businesses. Turning it off removes your contributions.

8. Our property

We own the Service, its software and its content. You may not copy, resell, reverse-engineer or misuse it.

9. Indemnity

You will defend and indemnify us against claims, fines and costs arising from your outreach, your products, your Customer Data, your breach of these Terms or the AUP, or your violation of law, including TCPA claims about people the Service contacted for you.

10. Disclaimers and limits of liability

THE SERVICE IS PROVIDED "AS IS". TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL IMPLIED WARRANTIES, AND OUR TOTAL LIABILITY UNDER THESE TERMS IS LIMITED TO THE FEES YOU PAID US IN THE [12] MONTHS BEFORE THE CLAIM. WE ARE NOT LIABLE FOR LOST PROFITS OR INDIRECT DAMAGES. [Counsel: review.]

11. Changes to these Terms

We may update these Terms. When we make a material change we publish a new version, and you must accept it the next time you sign in before you keep using the Service.

12. General

These Terms are governed by the laws of [state], and disputes go to the courts of [county, state] [or arbitration: counsel to decide]. If part of these Terms is unenforceable, the rest still applies. Questions: [legal@sellforme.ai].