Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the PhoneAt platform and any related services, websites, and applications (collectively, the "Services") provided by PhoneAt LLC ("PhoneAt", "we", "us", or "our"). By accessing or using the Services you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Acceptance of Terms

By creating an account, embedding our phone numbers, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.

2. Eligibility

You must be at least 18 years old and capable of entering into a binding contract to use the Services. You may not use the Services if you have been previously suspended or banned by PhoneAt.

3. Accounts & Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use. We may suspend or terminate accounts that we reasonably believe have been compromised.

4. Description of Service

PhoneAt is a multi-tenant SaaS platform for orchestrating automated outbound and inbound voice calls and SMS messages, configured through customizable scripts and IVR flows, with optional AI-assisted chatbot integrations. Specific features may vary by plan and may evolve over time.

5. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law or regulation;
• Send unsolicited or unlawful telemarketing, robocalls, or SMS in violation of the TCPA, CAN-SPAM, CASL, GDPR, or any other applicable law;
• Place calls to recipients on Do-Not-Call registries without proper consent or exemption;
• Impersonate any person or entity, or misrepresent your affiliation;
• Transmit fraudulent, harassing, threatening, defamatory, or obscene content;
• Attempt to disrupt, reverse-engineer, probe, or otherwise compromise the Services or their underlying infrastructure;
• Use the Services to compete with PhoneAt or to build a substantially similar service.

6. Telecom & SMS Compliance

You are solely responsible for ensuring that all calls and messages placed through the Services comply with applicable telecommunications laws, including obtaining and maintaining any required consent from recipients. You agree to honor all opt-out requests promptly and to maintain accurate Sender ID and caller information.

7. Fees, Billing & Commissions

Use of the Services may be subject to fees calculated based on call volume, call duration, script length, SMS messages sent, and other usage metrics. Per-team commissions and rates are configured in your account. Fees are non-refundable except where required by law. We reserve the right to change our pricing on prospective notice.

8. Intellectual Property

The Services, including all software, designs, logos, and content (excluding User Content), are owned by PhoneAt or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services in accordance with these Terms. No other rights are granted.

9. User Content

You retain ownership of any content you submit to the Services (e.g., voice scripts, recordings, uploaded files, contact lists). By submitting content you grant PhoneAt a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display such content solely as needed to provide the Services. You represent that you have all rights necessary to submit such content and that it does not infringe any third-party rights.

10. Third-Party Services

The Services rely on third-party providers including Twilio (telephony) and OpenAI (AI features). Your use of those features is also subject to the providers' terms, and PhoneAt is not responsible for their acts or omissions.

11. Service Availability

We strive to keep the Services available, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

12. Termination

You may terminate your account at any time by contacting us. We may suspend or terminate your access to the Services if you breach these Terms, fail to pay any fees, or for any other reason at our sole discretion. Upon termination, your right to use the Services will immediately cease, and we may delete account data after a reasonable retention period.

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, OR THAT TRANSCRIPTS OR AI-GENERATED OUTPUT WILL BE ACCURATE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHONEAT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

15. Indemnification

You agree to indemnify, defend, and hold harmless PhoneAt, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your User Content, or your breach of these Terms or applicable law.

16. Governing Law & Disputes

These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-law principles. Any dispute arising out of these Terms shall be resolved exclusively in the state or federal courts located in Orange County, Florida, and you consent to the personal jurisdiction of those courts.

17. Changes to Terms

We may update these Terms from time to time. The "Effective Date" at the top reflects the latest revision. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

18. Contact Us

For questions about these Terms, contact us:

PhoneAt LLC
127 West Fairbanks Ave.
Winter Park, FL 32789
Email: legal@phoneat.net