Introduction

Welcome to Grow by Phone. These Terms of Service (“Terms”) govern your access to and use of our website and AI-powered phone agent services, including any content, functionality, and services offered on or through our website or platform (“Services”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

Services Description

Grow by Phone provides conversational AI agents for businesses of all sizes. Our platform enables businesses to automate their phone communications while maintaining natural, human-like interactions. Our Services include but are not limited to:

• Inbound call handling
• Outbound call management
• Specialized functions (appointment scheduling, information provision, etc.)
• Integration with existing business systems
• Call documentation and analytics

Account Registration and Security

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

Subscription and Payment Terms

We offer various subscription plans for our Services. By selecting a subscription plan, you agree to pay the applicable fees as described on our website at the time of your subscription.

All payments are due in advance of the subscription period. We may change our fees at any time with notice to you. If you do not agree to the fee changes, you must cancel your subscription before the next billing cycle.

Unless otherwise specified, subscriptions automatically renew for the same subscription period unless canceled before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us.

Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation
• To impersonate or attempt to impersonate Grow by Phone, a Grow By Phone employee, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
• To attempt to circumvent any security measures or rate limiting systems
• For telemarketing, call center operations, or bulk unsolicited communications, unless explicitly permitted by a specific plan

Your Content and Data

You retain all rights to any content or data that you provide to us or that is processed through our Services (“Your Content”). By providing Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based upon, distribute, and display Your Content for the purposes of:

• Operating and providing our Services to you
• Improving and developing our Services
• Protecting our legal rights and enforcing these Terms
• With your explicit consent, training our AI systems to improve service quality

You represent and warrant that you own or have the necessary rights to Your Content and that the provision of Your Content will not violate any third party's intellectual property or other rights.

Confidentiality and Call Data

We understand the sensitive nature of phone communications. We treat all call recordings, transcripts, and customer information processed through our Services as confidential information. We will:

• Process call data only in accordance with your instructions and these Terms
• Implement appropriate technical and organizational security measures
• Not use call data for purposes other than providing and improving our Services without your consent
• Comply with applicable privacy and data protection laws

Intellectual Property Rights

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

Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GROW BY PHONE MAKES NO GUARANTEES REGARDING THE ACCURACY, RELIABILITY, OR EFFECTIVENESS OF THE AI AGENTS IN ALL CIRCUMSTANCES. YOU ACKNOWLEDGE THAT THE AI SYSTEM MAY MAKE ERRORS OR MISINTERPRETATIONS IN CERTAIN SITUATIONS.

Limitation of Liability

IN NO EVENT SHALL GROW BY PHONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GROW BY PHONE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

You agree to defend, indemnify, and hold harmless Grow by Phone, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party.

Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or cancel your subscription through your account settings.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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 Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, 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. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Contact Information

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

Grow by Phone Inc.
Email: hello@growbyphone.com
Phone: +1 (877) 350-9233