Terms of Service

1. Service Description

Van Tech provides an AI-powered receptionist platform designed for home service businesses. The Service includes, but is not limited to: automated call answering, real-time call transcription, AI-driven conversation handling, appointment booking, SMS follow-ups, customer management, analytics dashboards, reputation management, and related tools. Features may vary by subscription plan.

2. Account Registration and Eligibility

To use the Service, you must create an account and provide accurate, complete information. You must be at least 18 years old and have the legal authority to bind the business entity you represent. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

3. Subscription and Payment Terms

3.1 Plans and Pricing

The Service is offered on a subscription basis. Our standard plan is priced at $649 per month. Additional add-on features may be available at additional cost. Pricing is subject to change with 30 days' prior notice.

3.2 Free Tier

We may offer a free tier or trial period with limited functionality. Free tier accounts are subject to usage limits and may not include all features available to paid subscribers. We reserve the right to modify or discontinue the free tier at any time.

3.3 Billing

All payments are processed through Stripe. By subscribing, you authorize us to charge your payment method on a recurring monthly basis. You are responsible for keeping your payment information current. Failed payments may result in suspension of the Service.

3.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying any sales tax, use tax, VAT, or similar taxes associated with your use of the Service.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service to make or facilitate unsolicited calls, spam, or robocalls in violation of the Telephone Consumer Protection Act (TCPA) or any applicable law.
• Use the Service for any illegal, fraudulent, or deceptive activity.
• Transmit malware, viruses, or any code designed to disrupt or damage the Service.
• Attempt to gain unauthorized access to the Service, other user accounts, or our infrastructure.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Resell, sublicense, or redistribute the Service without our prior written consent.
• Use the Service in a manner that could harm, disable, or impair the Service or interfere with other users' access.
• Misrepresent the AI receptionist as a human agent to callers where such misrepresentation is prohibited by law.
• Harassing, threatening, or discriminating against any individual.
• Using the Service for debt collection activities without compliance with the Fair Debt Collection Practices Act.

5. Call Recording and Consent

• The Service records and transcribes all inbound and outbound calls handled by the AI receptionist.
• You are solely responsible for complying with all applicable federal and state laws regarding call recording, including the federal Wiretap Act and state two-party consent laws (California, Florida, Illinois, Pennsylvania, Washington, and others).
• You must ensure all callers are notified that their call is being recorded and transcribed by an AI system.
• You must ensure your use of AI-generated call handling complies with applicable disclosure requirements regarding artificial intelligence in customer communications.
• Van Tech is not responsible for any claims, damages, or penalties arising from your failure to comply with call recording or AI disclosure laws.
• Call recordings and transcripts are processed by third-party AI services (Retell AI for voice, OpenAI and Anthropic for analysis). By using the Service, you consent to this processing.

6. AI-Generated Content

• The Service uses AI to generate call responses, transcriptions, booking confirmations, SMS messages, review responses, business profile content, and analytical insights.
• AI-generated content may contain errors, inaccuracies, or inappropriate responses. Van Tech does not guarantee accuracy, completeness, or appropriateness.
• AI-generated responses do not constitute legal, medical, financial, or professional advice.
• You are solely responsible for reviewing and taking responsibility for AI-generated content published on your behalf, including Google review responses, business profile content, SMS messages, and website content.
• Van Tech is not liable for damages arising from reliance on AI-generated content.

7. SMS Communications Compliance

• You represent that you have obtained prior express written consent from each SMS recipient as required by the TCPA.
• You will maintain records of all consent and provide them upon request.
• You will honor all opt-out requests promptly. Recipients may opt out by replying STOP.
• You are solely responsible for fines, penalties, or claims from non-compliant SMS communications.
• Van Tech reserves the right to suspend SMS functionality if non-compliance is suspected.

8. Phone Numbers

• Phone numbers provisioned through the Service are owned by Van Tech Systems LLC or our telephony providers.
• Upon termination, you do not retain rights to these numbers unless a separate porting agreement is executed.
• Van Tech will make reasonable efforts to facilitate number porting upon request, subject to applicable fees and provider policies.

9. Intellectual Property

The Service, including its software, design, text, graphics, and all other content, is owned by Van Tech Systems LLC and is protected by copyright, trademark, and other intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes. You may not copy, modify, distribute, or create derivative works based on the Service.

10. Data Ownership and License

You retain ownership of all data you provide to the Service, including business information, customer data, call recordings, and transcripts ("Your Data"). By using the Service, you grant Van Tech a limited, non-exclusive license to process, store, and transmit Your Data solely as necessary to provide and improve the Service. We will not use Your Data for any purpose unrelated to the Service without your explicit consent.

You are solely responsible for the accuracy, legality, and appropriateness of Your Data. You represent that you have all necessary rights and consents to provide Your Data to the Service.

11. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service is provided on a best-effort basis. We do not offer a formal Service Level Agreement (SLA) at the current subscription tier. Planned maintenance windows will be communicated in advance when practicable. We are not liable for any downtime, data loss, or service interruptions.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VAN TECH SYSTEMS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE FREE OF ERRORS OR DEFECTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY AI-GENERATED RESPONSES OR TRANSCRIPTIONS.

14. Indemnification

You agree to indemnify, defend, and hold harmless Van Tech Systems LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including TCPA and call recording laws; or (d) any dispute between you and your customers or callers.

15. Termination and Cancellation

15.1 Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until the end of your paid period.

15.2 Termination by Us

We may suspend or terminate your account immediately if you violate these Terms, engage in prohibited conduct, fail to pay fees, or if we determine in our sole discretion that your use poses a risk to the Service or other users. We may also terminate accounts that have been inactive for an extended period.

15.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will retain your data for up to 90 days following termination, during which you may request an export. After 90 days, your data will be permanently deleted.

16. Refund Policy

All subscription fees are non-refundable. No refunds or credits will be issued for partial months of service, downgraded accounts, or unused features. You may cancel at any time, but you will not receive a refund for any remaining time in your current billing period.

17. Dispute Resolution

17.1 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered in Miami-Dade County, Florida, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

17.2 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

17.3 Exception

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida.

19. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email or by posting a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your account.

20. Third-Party Service Dependencies

• The Service relies on Retell AI (voice), Twilio (SMS), Stripe (payments), Supabase (database), Anthropic and OpenAI (AI models), Google (business profiles/reviews), and Cloudflare (storage/CDN).
• We are not responsible for the availability, performance, or policies of these third-party providers.
• Interruptions to third-party services may affect the Service, and we are not liable for any resulting impact on your business.

21. General Provisions

• Entire Agreement: these Terms, together with our Privacy Policy and SMS Consent Policy, constitute the entire agreement between you and Van Tech regarding the Service.
• Severability: if any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: you may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: we shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, acts of government, or third-party service outages.

22. Contact Information

If you have questions about these Terms, contact us at: