Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services provided by SimonIT LLC ("SimonIT," "we," "us," or "our"), including our website at simonit.com, voice AI agents, software integrations, and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Services Overview

SimonIT provides AI-powered voice agents and software solutions for businesses, including but not limited to automated call handling, appointment scheduling, dispatch management, CRM integration, and workflow automation. Our Services are designed primarily for HVAC, plumbing, and home services contractors, though they may be used by other businesses.

2. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the business entity you represent. By using our Services, you represent that you meet these requirements.

3. Account Registration

To use certain features of our Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Use of Voice AI Services

Our voice AI agents handle calls on behalf of your business. By using these Services, you agree that:

• You will inform your callers that they may be interacting with an AI-powered system where required by law
• You are responsible for ensuring your use of our voice services complies with all applicable federal, state, and local laws, including the Telephone Consumer Protection Act (TCPA)
• Calls may be recorded and transcribed for service delivery and quality assurance purposes
• You will not use our voice services for any unlawful, deceptive, or harassing purpose
• You are responsible for the accuracy of the business information, scripts, and data you provide to configure your voice agents

5. Fees and Payment

Certain Services require payment. Fees are outlined in your service agreement or on our pricing page. All payments are processed through Stripe. You agree to provide accurate billing information and authorize recurring charges as specified in your plan. Fees are non-refundable except as expressly stated in your service agreement or required by law.

6. Service Level and Availability

We strive to maintain high availability for our Services but do not guarantee uninterrupted access. Scheduled maintenance, third-party service outages (including Retell AI, Twilio, and hosting providers), and unforeseen events may cause temporary disruption. Specific uptime commitments, if applicable, are defined in your Service Level Agreement (SLA).

7. Data and Intellectual Property

Your data: You retain ownership of all data you provide to us. You grant SimonIT a limited license to use your data solely to provide and improve the Services.

Our property: All software, AI models, workflows, website content, branding, and other materials provided by SimonIT remain our intellectual property. You may not copy, modify, reverse-engineer, or redistribute any part of our platform without written permission.

Feedback: Any suggestions or feedback you provide about our Services may be used by us without obligation to you.

8. Prohibited Uses

You agree not to:

• Use the Services for any illegal purpose or in violation of any applicable law
• Use voice agents to make unsolicited robocalls or spam calls
• Attempt to gain unauthorized access to our systems or other users' data
• Interfere with the operation of our Services or infrastructure
• Impersonate another person or entity through our voice services
• Use our Services to collect personal information without proper consent
• Resell or sublicense our Services without written authorization

9. Limitation of Liability

To the maximum extent permitted by law, SimonIT LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, data, or business opportunities, arising from your use of or inability to use our Services. Our total liability for any claim arising from these Terms or the Services shall not exceed the amount you paid to SimonIT in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless SimonIT LLC, its owners, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorney fees) arising from your use of the Services, your violation of these Terms, or your violation of any applicable law including TCPA regulations.

11. Termination

Either party may terminate the service relationship with 30 days' written notice. We may suspend or terminate your access immediately if you violate these Terms. Upon termination, your right to use the Services ceases. We will provide a reasonable period (30 days) for you to export your data before deletion.

12. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our AI voice agents will perform flawlessly or that the Services will meet all of your specific requirements.

13. Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in Middlesex County, Massachusetts, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs in any arbitration.

14. Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Continued use of our Services after changes constitutes acceptance. If you do not agree with the modified Terms, you must stop using the Services.

15. Contact Us

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

SimonIT LLC
legal@simonit.com