Terms & Conditions

These Terms & Conditions (“Terms”) are a legally binding agreement between you (“you,” “your,” or “Customer”) and Nicecall™ (“Nicecall.ai,” “Nicecall™,” “we,” “us,” or “our”), governing your access to and use of (i) our website located at nicecall.ai, (ii) any associated web apps, portals, dashboards, APIs, and integrations, and (iii) any voice, messaging, automation, AI receptionist, calling, routing, recording, transcription, analytics, or related services we provide (collectively, the “Services”).

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

ARBITRATION NOTICE & CLASS ACTION WAIVER: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 18.

1. Definitions

• “End User” means your customers, leads, contacts, employees, callers, recipients, or any person you communicate with or whose data you process using the Services.
• “Customer Data” means data you or End Users provide, transmit, upload, import, or generate through the Services (including call audio, recordings, voicemails, transcripts, contact lists, phone numbers, message content, prompts, call routing rules, tags, notes, and metadata).
• “Usage-Based Charges” means fees based on minutes, messages, calls, AI usage, storage, transcription, or other consumption-based metrics.
• “Third-Party Services” means telecom carriers, phone number providers, payment processors, CRMs, calendars, email systems, webhooks, and any other third-party products you connect to the Services.

2. Eligibility and Authority

You represent and warrant that: (1) you are at least 18 years old and of legal capacity, and (2) if you use the Services on behalf of an entity, you have authority to bind that entity to these Terms.

3. Scope of the Services

Nicecall.ai provides AI-enabled calling and communications tools that may include: inbound AI receptionist/voice agent, outbound calling and follow-ups, texting/SMS or MMS (where enabled), call routing, call forwarding, voicemail handling, call recording and transcription (where enabled), appointment scheduling and integrations, analytics, reporting, and automation.

No guarantee: AI output and call handling are probabilistic and may be inaccurate, incomplete, or inappropriate. You are responsible for configuring, monitoring, and validating results.

4. Account Registration and Security

You must provide accurate information and keep it current. You are responsible for maintaining confidentiality of credentials, all activity under your account (authorized or not), and promptly notifying us of suspected unauthorized access.

We may suspend access to protect security, the Services, or third parties.

5. Customer Responsibilities (Critical)

You are solely responsible for:

• How you use the Services, including every call, text, recording, message, and workflow you initiate or enable.
• Your scripts, prompts, routing rules, training data, and instructions supplied to the AI.
• All Customer Data you import or process, including ensuring you have legal rights to collect, use, and share it.
• Obtaining and maintaining all required consents, permissions, and notices (see Section 6).
• Ensuring your use complies with all laws and industry rules (see Section 6), including telecom and consumer protection laws.

6. Compliance Obligations (TCPA, TSR, Call Recording, SMS, Privacy, etc.)

6.1 You must comply with all applicable laws

You agree to comply with all applicable laws, rules, and regulations, including without limitation those relating to: telemarketing, robocalls, automated dialing, and prerecorded/artificial voice; text messaging/SMS marketing; caller ID and spoofing restrictions; Do-Not-Call lists and opt-out requirements; privacy and data protection; call recording and interception laws; and consumer protection and unfair/deceptive practices.

6.2 Consent for calls, texts, and AI voice interactions

You represent and warrant that you have obtained all legally required consents for each call and message initiated or received through the Services, including: prior express consent and/or prior express written consent when required (e.g., marketing/telemarketing); consent to receive SMS/MMS, including recurring messages where applicable; consent for use of an artificial/prerecorded voice or AI agent where required; consent to contact individuals on mobile numbers and any reassigned numbers; and compliance with opt-out instructions (e.g., “STOP”) and honoring do-not-contact requests.

You agree to maintain records of consent and provide them upon request.

6.3 Call recording and transcription laws

Recording laws vary by jurisdiction. You are solely responsible for determining whether one-party or all-party consent is required, providing legally sufficient notice and obtaining consent, configuring any required recording disclosures, and ensuring recording, storage, and use comply with law.

6.4 Telecom carrier policies & A2P rules (SMS)

If SMS/MMS features are enabled, you agree to comply with all applicable carrier, registry, and industry requirements (including A2P registration, campaign registration, messaging policies, and content restrictions). Carriers may block or filter messages; we do not guarantee delivery.

6.5 Healthcare / HIPAA

Unless we have signed a separate Business Associate Agreement (“BAA”) with you, the Services are not intended for processing Protected Health Information (PHI). Do not use the Services to collect, store, or transmit PHI without a BAA.

6.6 High-risk and regulated activities

You may not use the Services for unlawful, harmful, deceptive, or regulated activities without required licensing/permissions, including scams, harassment, discrimination, illegal debt collection practices, or any activity that violates consumer protection laws.

7. Prohibited Uses

You may not (and may not allow any third party to):

• violate any law or third-party rights,
• place emergency service calls (e.g., 911) via the Services unless expressly supported and configured (if ever),
• send spam, abusive, deceptive, or fraudulent communications,
• impersonate others or misrepresent identity,
• attempt to bypass carrier filtering or compliance systems,
• reverse engineer, decompile, or attempt to derive source code,
• interfere with service security or integrity,
• use the Services to build or train a competing product except as permitted in writing,
• upload malware or attempt unauthorized access.

We may suspend or terminate your access for suspected violations.

8. Third-Party Services and Integrations

The Services may interoperate with Third-Party Services. We do not control and are not responsible for third-party systems, outages, carrier actions, filtering, or changes in APIs/policies. Your use of Third-Party Services is governed by their terms, and you are responsible for maintaining those accounts.

9. Fees, Billing, Taxes, and Payments

9.1 Fees

You agree to pay all fees associated with your plan, including subscription fees and Usage-Based Charges, in accordance with the pricing presented at purchase and/or in your order form.

9.2 Auto-renewal

Unless you cancel before renewal, subscriptions renew automatically for the same term, and you authorize us (and our payment processor) to charge your payment method.

9.3 Usage-based charges are generally non-refundable

Because usage resources are consumed in real time (minutes, messages, AI computation, carrier fees), Usage-Based Charges are generally non-refundable.

9.4 Taxes

Fees are exclusive of taxes. You are responsible for all applicable taxes, levies, and duties, except taxes based on our net income.

9.5 Late payment

We may suspend Services for nonpayment and charge late fees or collection costs as permitted by law.

10. Cancellation; Suspension; Termination

10.1 Cancellation by you

You may cancel your subscription per your account settings or by contacting support at support@nicecall.ai. Cancellation stops future renewals; you remain responsible for charges incurred prior to cancellation.

10.2 Termination or suspension by us

We may suspend or terminate your access immediately if: you violate these Terms; we suspect unlawful or harmful activity; required payments are not received; your usage threatens the security, stability, or legality of the Services; or a carrier, regulator, or partner requires it.

10.3 Effect of termination

Upon termination, your right to use the Services stops. We may delete or disable access to Customer Data per our retention policies and applicable law.

11. Intellectual Property

11.1 Our IP

We own all rights in the Services, including software, models, interfaces, workflows, and documentation, except Customer Data. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Services during your subscription, subject to these Terms.

11.2 Customer Data

As between the parties, you retain ownership of Customer Data. You grant us a license to host, process, transmit, and use Customer Data to provide, secure, and improve the Services as described in these Terms and our Privacy Policy.

11.3 Feedback

If you provide suggestions or feedback, you grant us the right to use it without restriction or compensation.

12. AI and Model Improvement; Training Data Options

We may use de-identified or aggregated data derived from usage (including transcripts and metadata) to improve the Services, including quality, safety, and performance.

If we offer an opt-out for certain forms of human review or model improvement use, you may request it by contacting support@nicecall.ai. Some improvement and logging may still occur for security, abuse prevention, billing, and legal compliance.

13. Confidentiality

Each party may receive confidential information from the other. Each party agrees to protect the other’s confidential information with reasonable care and use it only for the purposes of providing or using the Services, except where disclosure is required by law.

14. Privacy

Your use of the Services is subject to our Privacy Policy located at: https://nicecall.ai/privacy

You agree you are the controller/owner (or equivalent) of Customer Data you provide, and you are responsible for all required notices and lawful bases for processing under applicable privacy laws.

15. Disclaimers (No Warranties)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; AI OUTPUTS WILL BE CORRECT, COMPLIANT, OR SUITABLE FOR ANY PURPOSE; CALLS OR MESSAGES WILL BE COMPLETED, DELIVERED, OR ANSWERED; OR CARRIER NETWORKS WILL PERMIT OR DELIVER TRAFFIC.

YOU ARE SOLELY RESPONSIBLE FOR VERIFYING OUTPUTS, CONFIGURATIONS, CONSENTS, AND COMPLIANCE.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO US IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

17. Indemnification (You protect us)

You agree to defend, indemnify, and hold harmless Nicecall.ai and its officers, directors, employees, contractors, agents, affiliates, and partners from any claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising from or related to: (i) your use of the Services, (ii) your Customer Data, (iii) any calls, texts, recordings, scripts, prompts, or campaigns you initiate or enable, (iv) alleged violations of TCPA, TSR, CAN-SPAM, call recording laws, privacy laws, carrier rules, or any other applicable law, (v) your breach of these Terms, or (vi) disputes between you and End Users or third parties.

18. Dispute Resolution; Binding Arbitration; Class Action Waiver

18.1 Informal resolution first

Before filing a claim, you agree to contact us at legal@nicecall.ai and attempt to resolve informally for at least 30 days.

18.2 Binding arbitration

Except for disputes eligible for small claims court or requests for injunctive relief to protect intellectual property, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration under its rules.

Arbitration location: Broward County, FL (or remote/telephonic if allowed).

Governing arbitration law: The Federal Arbitration Act (FAA) to the fullest extent permitted.

18.3 Class action waiver

YOU AND NICECALL.AI AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

18.4 Opt-out

You may opt out of arbitration by sending written notice within 30 days of first accepting these Terms to: legal@nicecall.ai, Attn: Legal, including your name, account email, and a clear statement that you wish to opt out.

19. Governing Law; Venue

These Terms are governed by the laws of Florida, without regard to conflict-of-law rules, except as preempted by the FAA for arbitration.

If arbitration does not apply, you agree to exclusive venue in the state or federal courts located in Broward County, FL, and you consent to personal jurisdiction there.

20. Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will provide notice via the Services, email, or other reasonable means. Continued use after the effective date constitutes acceptance.

21. Miscellaneous

• Entire agreement: These Terms and any referenced policies/order forms are the entire agreement.
• Severability: If any provision is invalid, the rest remains effective.
• Assignment: You may not assign these Terms without our consent; we may assign in connection with a merger, acquisition, or sale of assets.
• No waiver: Failure to enforce a provision is not a waiver.
• Force majeure: We are not liable for delays beyond our reasonable control.

22. Affiliate Program

22.1 Enrollment and eligibility

Nicecall™ may offer an affiliate or referral program (“Affiliate Program”) that allows approved participants (“Affiliates”) to earn commissions by referring new customers to the Services. Participation is subject to acceptance by Nicecall™ at our sole discretion. We may reject or revoke participation at any time, with or without cause.

22.2 Referral links and tracking

Affiliates must use only the referral links, codes, or tracking methods provided by Nicecall™. Commissions are tracked through our systems, and our records are the sole basis for determining referral attribution and commission eligibility. We are not responsible for tracking failures caused by browser settings, ad blockers, VPNs, or other technical factors outside our control.

22.3 Commissions and payouts

Commission rates, payout schedules, minimum payout thresholds, and payment methods are set by Nicecall™ and communicated through the Affiliate Program dashboard or documentation. Commissions are earned only on qualifying referrals — meaning new customers who sign up through your referral link and maintain an active, paid subscription. We reserve the right to withhold, adjust, or claw back commissions in cases of fraud, chargebacks, refunds, cancellations, or violations of these Terms.

Affiliates are solely responsible for any taxes, fees, or reporting obligations arising from commissions earned.

22.4 Prohibited affiliate practices

Affiliates may not:

• use spam, unsolicited messages, or deceptive tactics to promote Nicecall™,
• make false, misleading, or unsubstantiated claims about the Services, pricing, features, or results,
• bid on Nicecall™ branded keywords (e.g., “Nicecall,” “Nicecall.ai”) in paid search advertising without prior written approval,
• use the Nicecall™ name, logo, or trademarks in a way that implies an official partnership, endorsement, or employment relationship,
• refer themselves, create fake accounts, or engage in self-referral schemes,
• offer unauthorized discounts, rebates, or incentives to prospective referrals,
• violate any applicable advertising, marketing, or consumer protection laws in connection with their promotional activities.

22.5 Modification and termination

We may modify the Affiliate Program terms — including commission rates, payout thresholds, and eligibility criteria — at any time with reasonable notice. We may suspend or terminate any Affiliate’s participation immediately for violations of these Terms or the Affiliate Program rules. Upon termination, unpaid commissions that have met the minimum payout threshold and are not subject to clawback will be paid according to the standard payout schedule. Commissions below the minimum threshold at the time of termination are forfeited.

22.6 Relationship

Affiliates are independent contractors. Nothing in these Terms or the Affiliate Program creates an employment, agency, partnership, or joint venture relationship between you and Nicecall™. Affiliates have no authority to bind Nicecall™ or make commitments on our behalf.

23. Contact Information

Nicecall.ai
Email: hello@nicecall.ai
Legal notices: legal@nicecall.ai