Terms of Service

1. Agreement to Terms

By accessing or using fiveto9 ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

fiveto9 is a cloud-based software-as-a-service (SaaS) platform that provides AI-powered virtual receptionist capabilities including automated call handling, appointment scheduling, and calendar integration. The Service is designed for business use and is not intended for personal, family, or household purposes.

3. User Accounts

When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account. You are responsible for safeguarding the password and API keys associated with your account and for any activities or actions under your account. You agree not to disclose your credentials to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Subscriptions and Billing

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.

5. Usage Limits

Each subscription plan includes a specified number of AI-assisted minutes per billing cycle. If you exceed your plan's allocated minutes, additional usage may be charged at our prevailing overage rates, or your service may be limited until the next billing cycle begins. You can monitor your usage through your dashboard at any time.

6. Acceptable Use

You agree not to use the Service: (a) for any unlawful purpose or to solicit others to perform unlawful acts; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code; (g) to spam, phish, pharm, pretext, spider, crawl, or scrape; (h) for any obscene or immoral purpose; or (i) to interfere with or circumvent the security features of the Service.

7. Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of fiveto9 and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks may not be used in connection with any product or service without our prior written consent.

8. Third-Party Integrations

Our Service may integrate with third-party services such as Google Calendar. Your use of such integrations is subject to the terms and privacy policies of those third-party providers. We are not responsible for the content, privacy policies, or practices of any third-party services.

9. Limitation of Liability

In no event shall fiveto9, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

10. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. fiveto9 does not warrant that the Service will function uninterrupted, secure, or available at any particular time or location.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws applicable in the jurisdiction where the Company is established, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

13. Contact Us

If you have any questions about these Terms, please contact us at info@eleven23.works.