Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Phoneless service ("Service"), provided by Phoneless Inc. ("Phoneless", "we", "us"). By creating an account or using the Service, you agree to be bound by these Terms.
1. The Service
Phoneless provides an AI booking agent that answers calls and texts on phone numbers you provision through us, and connects to your calendar to schedule appointments. Specific features depend on the plan you select.
2. Eligibility and account
You must be at least 18 years old. If you sign up on behalf of an organization, you represent that you have authority to bind that organization. You are responsible for the security of your credentials and for all activity under your account.
3. Acceptable use
You agree not to use the Service to:
- Send unsolicited marketing in violation of TCPA, CAN-SPAM, or any other applicable law.
- Harass, defraud, or impersonate any person.
- Transmit malware or unlawful content.
- Resell or sublicense the Service without our written permission.
- Reverse-engineer, scrape, or attempt to access non-public APIs.
- Handle emergency communications. The Service is not a substitute for 911 or any other emergency service.
You are solely responsible for obtaining all consents required to record calls or send messages to your customers in your jurisdiction.
4. Pricing and billing
- Plans are billed monthly in advance.
- Overage minutes are billed monthly in arrears at the rates shown on the pricing page.
- New accounts have a 14-day money-back guarantee.
- We may change pricing on 30 days' notice.
- You authorize us to charge your payment method for all fees.
5. Phone numbers
Numbers we provision for you remain yours to port out at any time, subject to carrier requirements. We charge no exit fee. If your account is closed, we reserve the right to release unported numbers back to the carrier after 30 days.
6. Your content
You retain all rights to the data you and your callers provide. You grant Phoneless a limited license to host, copy, transmit, and display that content solely to provide and improve the Service. We will not use call recordings or transcripts to train third-party foundation models.
7. Suspension and termination
We may suspend or terminate your access for material breach of these Terms (including spam, fraud, or non-payment). You may close your account at any time from settings. Sections that by their nature should survive termination will survive.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that every call will be answered, that the AI will book correctly in every case, or that the Service will be uninterrupted or error-free.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHONELESS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO PHONELESS IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10. Indemnification
You will indemnify, defend, and hold Phoneless harmless from any third-party claim arising from (a) your use of the Service in violation of these Terms or applicable law, or (b) content you submit through the Service.
11. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. The state and federal courts in Delaware will have exclusive jurisdiction, except where you have non-waivable consumer rights in your country of residence.
12. Changes to these Terms
We will notify account holders at least 30 days before material changes take effect.
13. Contact
Phoneless Inc.
Email: legal@phoneless.us