Terms of Service

1. What CoverDial is

The service

CoverDial is a done-for-you AI phone receptionist. For each of your locations we set up and run an AI receptionist on a phone number. It answers calls forwarded to it (or made to it directly), greets callers in your business's name, answers from the business information you give us, takes messages and, where your plan includes it, puts urgent callers through to people you choose. After each call where the caller leaves a message, you get a written summary by email. Each call's summary, recording and transcript are kept for you as described in the Privacy Policy. Together these are "the Service".

What every receptionist always does

These rules are built into every receptionist. Neither you nor we can turn them off for a single client:

• in its first sentence or two it says it is an AI assistant and that the call is recorded (and, if you offer Spanish, says so in Spanish too);
• it never claims to be a human;
• if a caller describes a life-safety emergency, it tells them to hang up and call 911; if a caller mentions harming themselves, it gives them 988, the Suicide and Crisis Lifeline;
• if a caller doesn't want to be recorded, it offers your email address or website instead and ends the call;
• it doesn't ask for or repeat card or bank numbers, passwords or one-time codes, or health details, and it doesn't make up answers or quote prices you haven't given it;
• it never reads out your staff's phone numbers, the numbers it transfers to, or internal notes.

How we build and change it

Your receptionist is generated from our template plus the settings you give us. You ask for changes, and where your account offers it you can make them yourself in your online account (the "portal"). Most changes publish after our automatic tests pass. Some changes (for example your business name, the greeting, transfer numbers, or text our checks flag) wait for our review first. We keep each published version of your receptionist.

Features by plan, and features still coming

What each plan includes is listed on our pricing page on the day you sign up. Some features are marked there as "coming" or "after carrier approval". In particular:

• Text messages (urgent alerts to your team by text, caller confirmation texts, missed-call text-back) start only once texting is available and the mobile carriers approve your texting registration, which can take days or weeks and is outside our control. Until then, alerts go by email.
• Moving your existing number to us ("porting"), once available. Until then, you forward your calls to the number we give you.
• Booking appointments on your calendar is coming soon and isn't available on any plan yet. Which plans include it will be shown on the pricing page when it's available.
• Website chat, multi-location screens and hand-off to job software (Business and Premium plans), once available. Until then, those plans are offered by waitlist or custom quote.

Inbound calls only

CoverDial answers inbound calls. It does not place marketing, sales, reminder or other outbound calls for you, and you may not use it to. The only calls it places are transfers of a caller who is already on the line, to numbers you've verified. Any outbound feature would come with its own terms.

2. Who may use it

Businesses only

CoverDial is for businesses in the United States. By signing up you confirm that you are signing up for a business (including a sole proprietorship), not for personal, family or household use, and that the person accepting these terms has authority to bind the business.

Industries we don't serve

We don't provide CoverDial to the businesses, or for the uses, listed under "Businesses we don't serve" in our Acceptable Use Policy. That list is the one that applies. If your business turns out to be on it, we may end the Service.

Approval

We review every new receptionist before it goes live, and we may decline to provide the Service to any business, for example if we can't verify it or its use looks risky. If we decline before go-live, we refund anything you paid us for it.

3. Your account

Signing up

You give us accurate business details (including your legal business name exactly as on your IRS paperwork, which the texting registration needs) and keep them current. We record which version of these terms you accepted and when.

People on your account

The owner can add staff. You're responsible for everything done under your account, for choosing who has access, and for removing people who leave.

Security

Keep sign-in details private, use two-step sign-in where we offer it, and tell us straight away if you think someone has got into your account.

Our access

Our staff see your settings and calls only to set up, approve, support and protect the Service.

4. Your responsibilities

The receptionist answers calls on your behalf. Legally, you are the business your callers are dealing with, and you decide how their information is used. So you agree to all of the following.

Lawful use

You use CoverDial only for lawful purposes and in line with the Acceptable Use Policy.

Callers' notice and consent

You are responsible for giving your callers any notice, and getting any consent, that the law requires for calls to be answered by an AI, recorded, transcribed and summarized. That includes the laws of states that require every party's consent to record a call, at least in some situations. As commonly listed, these are California, Connecticut (civil liability), Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Lists differ (some also include Michigan or Oregon), and California's law can apply when a California resident calls a business in another state. Get your own advice for the states where you and your callers are.

The receptionist's built-in greeting tells every caller that it is an AI and that the call is recorded, and a caller who objects is offered another way to reach you. That greeting is a tool to help you meet your obligations. It is not a promise that it satisfies every law that applies to you. You should also:

• not play anything to callers ahead of the greeting without its own notice;
• tell your staff that a call transferred to them from the receptionist may still be recorded;
• tell callers who ask how to get a recording deleted (you can ask us to delete any call).

Your privacy policy

You keep a privacy policy that tells your customers you use service providers to answer, record and transcribe calls and, once you use texting, includes the wording the carriers require. You remain responsible for its accuracy.

Accurate business information

The receptionist answers from what you give us: hours, services, service area, policies, FAQs, and prices only if you choose to share them. You're responsible for that information being accurate, current and lawful, and for telling us when it changes. You must not include instructions that would make the receptionist mislead callers, claim to be a person, ask for payment details, or impersonate anyone.

Numbers you give us

• Transfer and alert numbers must be US numbers that you or your staff control. We verify each transfer number with a code before it can be used.
• Your fallback is where calls go when the receptionist can't take them: if the AI fails, your account is paused, or your spending cap is reached. It is either a second phone number or, where available, voicemail emailed to you. A fallback number must be a line that rings a person and does not forward back to CoverDial, or calls can loop. Usually it's the owner's mobile. Every account needs a fallback before go-live.
• People who get texts from us about your calls must agree to receive them, as described in the Privacy Policy.

Your phone setup

You set up call forwarding with your own phone provider (we give you step-by-step guides), keep it working, and keep your own phone service. You keep a way to call 911 that does not depend on CoverDial.

Sensitive information

You won't ask or configure the receptionist to collect health information, card or bank numbers, Social Security numbers, passwords or similar sensitive data from callers.

Your staff

You make sure your staff who use CoverDial or take transferred calls follow these terms.

Our phone and AI provider's rules

CoverDial runs on a telecommunications and AI provider, Telnyx (see the provider list in our Privacy Policy), whose terms require us to pass the following on to you. You agree that:

• Its acceptable use rules apply to you. You follow our Acceptable Use Policy, which includes the provider's rules that apply to CoverDial, and you comply with every law that governs AI systems where your callers are.
• No high-risk uses. You don't use CoverDial where a failure of the AI could lead to death or personal injury (see "Uses where a failure could cause harm" below).
• Recording consent, and proof on request. Where the law requires it, you obtain the consent of every party to a call before it is recorded, transcribed or summarized, and give them clear notice. You keep a record that shows that notice and consent, and you give us (or the provider, through us) prompt written proof of it on request. We'll help you with the information we hold about the disclosure given on your calls.
• Callers are told they're talking to an AI. You don't do anything that stops callers being clearly told, at the start of the call, that they are talking to an AI, or that would make anyone believe the receptionist or what it says is a person's work. The built-in greeting does this, and you must not try to remove or get around it.
• How the provider uses call data. You accept that the provider processes call audio, transcripts and AI output to deliver the Service, may use them under its own data-processing terms to develop and improve its products and AI features, and may use data that contains no personal data without restriction. You must not configure the receptionist to collect payment-card data or health information, which the provider does not accept.

5. Plans, minutes and add-ons

Plans

Each plan has a monthly price, an allowance of AI minutes and texts for each billing cycle, and its features. At the effective date of these terms:

Texts are used once texting is available to you. The plans, features and prices on our pricing page on the day you sign up or change plan apply to you.

One price, card or bank

Every price is the same whether you pay by card or by bank (ACH): one price, whatever the payment method.

What a minute is

A "minute" is a minute of your receptionist's time on a call. We count it by the second, and total the seconds and round them to a whole minute once a month, not call by call. The time a caller spends talking to the person they were transferred to doesn't count, and calls our spam filter ends don't count.

Extra minutes and texts

When you've used the minutes included in your cycle, your receptionist keeps answering, and each extra minute is charged at 30¢, on every plan, in arrears on your next invoice. Once texting is available, extra texts are 4¢ each, billed the same way. When available, we'll email you when you reach 80% and 100% of your included minutes.

Spending cap

When available, you can set a monthly dollar limit on what you spend on extra minutes and texts, in the portal or by asking us. There's no limit unless you set one. When you reach it, calls go to your fallback instead of the receptionist until your next cycle starts or you raise the limit, and we tell you. Calls that go to your fallback because of the cap aren't charged.

Add-ons

Optional add-ons, each at the same price every month:

Add-ons share your plan's minute and text allowance. Other items, such as a 1-800 word number, are by quote, and some have a minimum term stated in the quote.

Your price

Existing clients keep their price while they keep their plan. Price changes need 30 days' notice. A client's prices don't change because Telnyx's do. This covers the price of your plan and of each add-on, and your extra-usage rates. Founding customers keep their launch price for their first 12 months.

Taxes and government fees

Prices don't include taxes. Where the law requires us to collect sales, use or telecommunications taxes or government fees, we show them as a separate line on your invoice. We don't add fees of our own.

Changing plan

You can move to a different plan by asking us (or in the portal, where available). Before the change takes effect, we'll tell you how it affects your allowance, features and invoice. A change can switch features on or off (for example transfers), and we republish your receptionist to match.

6. Billing

Setup

Setup is $299 on every plan.

• Month to month: setup is charged when you sign up, because we buy your number and prepare your texting registration during setup. It is non-refundable once your texting registration has been submitted. If we decline your business, or you cancel before that, we refund it.
• 12-month term: setup is free.

When the subscription starts

Your monthly subscription starts 7 days after we approve your receptionist, or at the first call to your CoverDial number (your own test calls don't count), whichever comes first.

How you pay

You pay by card or by bank account (ACH), through our payment processor or by invoice. We don't see or store your full card or bank number. Your subscription renews automatically each billing cycle until it ends as these terms describe. Charges appear on your card or bank statement as ELEVATE* COVERDIAL.

Invoices and disputes

We send invoices and receipts by email. If you think a charge is wrong, tell us at support@coverdial.com as soon as you can, and we'll look at it with you before you dispute it with your bank.

7. Failed payments and pausing

Grace period

If a payment fails, you have 7 days to pay it. Your receptionist keeps answering during that time. When available, we retry the payment and remind you automatically during those 7 days.

Pause

When available, if the payment still hasn't gone through after 7 days, your account is paused: the receptionist stops answering, your calls go straight to your fallback, and we tell the account owner. Callers never get dead air because of billing. When you pay, we restore your account.

A paused account

If your account stays paused, we may end the Service under "Suspension and termination".

8. Term, renewal and cancelling

Month to month

Your subscription runs one month at a time. Either of us can end it with 30 days' notice. You can give notice by email to support@coverdial.com (or in the portal, where available). You pay for the notice period, and we don't refund partial months, except under our first-month guarantee.

12-month term

If you chose a 12-month term, setup is free. The 12-month term's early-exit and renewal terms are set out in the order you accept when you sign up.

Add-ons with a minimum term

Add-ons with a minimum term (stated in their quote) are owed for that term even if you cancel earlier.

9. Our first-month guarantee

No free trial

We don't offer a free trial. Ask us for a demo to hear how the receptionist sounds.

The guarantee

If CoverDial doesn't work for you, tell us within 30 days after your subscription starts and we'll end the Service and refund your first month's subscription charge.

What it covers

It covers the first month's plan subscription only. It doesn't cover the setup charge once your texting registration has been submitted, extra minutes or texts, or add-ons (including any minimum term). It applies once per business. It is not a promise of any number of calls, leads or jobs.

Pilot pricing doesn't stack

If you joined at a pilot or introductory price, the guarantee doesn't apply on top of it.

10. Support

Hours

Our human support (onboarding, changes that need review, questions and problems) is available Monday to Friday, 8am to 5pm Central time. Messages received outside those hours are answered the next business day. Human support is closed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and the day after, and Christmas Day; the receptionist still answers every call. We don't provide around-the-clock human support.

Your receptionist answers day and night

Your receptionist answers calls day and night, every day, while our systems are up. Our automated monitoring runs around the clock and alerts us to outages. If your service is affected outside support hours, we'll tell you how to keep your calls flowing (for example by turning forwarding off), and a person follows up during support hours.

How to reach us

Email support@coverdial.com.

11. Availability and the limits of AI

Availability

We work to keep CoverDial answering calls day and night, but we can't promise it will never be interrupted. It depends on our phone and AI provider, our hosting providers, and your own phone carrier's forwarding. In particular:

• if the AI can't answer (for example the model or our systems fail), the call goes to your fallback;
• if our phone provider itself is down, calls forwarded to CoverDial can fail until the provider recovers or you turn forwarding off. No carrier switches over automatically. We'll tell you how to turn forwarding off with your carrier;
• we do planned maintenance at quiet times where we can.

We don't offer a service-level agreement or service credits.

AI makes mistakes

The receptionist is an AI. It can mishear, misunderstand, get a detail wrong, put a message in the wrong category, or fail to transfer a call. It answers only from the information you give it and is instructed not to make things up, but we can't guarantee that every answer, summary or transcript is complete or accurate. Check summaries and recordings for anything important, and tell us when an answer was wrong so we can fix it.

Not an emergency service

CoverDial is not a 911 service, an emergency line, an alarm-monitoring service or a crisis line. It cannot dispatch emergency services: it does not call 911, transfer callers to 911, or tell emergency services where a caller is. When a caller describes a life-safety emergency, it tells them to hang up and call 911. When a caller mentions harming themselves, it gives them 988, the Suicide and Crisis Lifeline. You must not advertise your CoverDial number as an emergency number or rely on it to handle emergencies.

Uses where a failure could cause harm

You must not use CoverDial for any purpose where a failure or error of the receptionist could lead to death, personal injury, or serious physical or environmental damage: for example as an emergency dispatch line, an alarm or medical-alert line, a crisis line, or any line callers rely on to get help in an emergency. The receptionist's 911 and 988 guidance points callers elsewhere; it does not handle emergencies.

No professional advice

The receptionist doesn't give legal, medical, financial, tax or insurance advice, and doesn't make coverage, pricing or eligibility decisions for your business.

12. When you leave: export and deletion

Export

When your Service ends, you can ask us for an export of your call records and summaries (as a spreadsheet file) and of your call recordings, and we'll provide it. When our automatic process is available, you'll have 30 days after your Service ends to ask for it.

Deletion

After that, we delete your account's data when you ask us to. When our automatic process is available, we'll delete it once the 30 days have passed. When we delete it, we also remove your receptionist and its resources from our phone provider, end your texting registration, and release your number (or move it to another provider for you, if you've asked and it can be moved). We keep invoices and payment records, and records of changes to your account, for as long as tax and other laws require. Backup copies containing your data expire automatically on our providers' rolling backup schedule.

Your number

If you moved your own number to us, ask us to move it out before we delete your account's data. A number we provided may be released to our phone provider after the Service ends.

While you're a client

Our Privacy Policy says how long we keep recordings, transcripts and summaries while your account is open.

13. Suspension and termination

Suspension for risk

We may suspend all or part of the Service straight away (sending your calls to your fallback where we can) if your use breaks the Acceptable Use Policy, creates a security, fraud or legal risk, or puts our phone account or texting registrations at risk (for example after carrier complaints). We'll tell you why, and restore the Service when the problem is fixed.

Your right to end

You may end the Service as "Term, renewal and cancelling" describes.

Our right to end

We may end the Service: with 30 days' notice for any reason; straight away if you materially breach these terms and don't fix it within 10 days of notice (or straight away if it can't be fixed); or if your account stays paused for a failed payment. If we end it for no fault of yours, we refund any prepaid amount for the period after it ends.

What survives

Terms about payment owed, export and deletion, confidentiality, intellectual property, disclaimers, liability, indemnities and disputes survive the end of the Service.

14. Data and privacy

Your data

"Your data" means your settings and business information, your users' details, and the calls, recordings, transcripts, summaries and messages the Service handles for you. You own your data. You give us permission to use it only to provide, secure, support and improve the Service for you.

Callers' information

For your callers' personal information we act as your service provider (processor). We process it only on your instructions (these terms, your receptionist's settings and your requests) and only to provide the Service. We don't sell it, share it for advertising, or combine it with other businesses' data to profile callers. We pass on to you any request a caller makes to us about their information, and help you respond. We'll tell you without undue delay if a security incident affects your callers' information.

Our providers

We use the service providers listed in our Privacy Policy, which process data on our behalf to run CoverDial, and only for that purpose. We're responsible for them. We'll give you at least 30 days' notice before a new provider starts processing your callers' personal information, except in an emergency needed to keep the Service running. If you object on reasonable data-protection grounds and we can't find an alternative, you may end the affected Service without penalty and get a pro-rata refund of prepaid fees for it.

Usage data

We may use information about how the Service performs (for example call counts, minutes, error rates and costs), with no caller content in it, to run, bill, secure and improve CoverDial.

Our own privacy practices

These are in our Privacy Policy.

15. Confidentiality

Each of us keeps the other's non-public business information confidential, uses it only for this agreement, and shares it only with people who need it and are bound to keep it confidential. This doesn't cover information that is public, already known to the recipient, independently developed, or lawfully received from someone else. Either of us may disclose information when the law requires, after giving the other notice where allowed.

16. Intellectual property

Ours

We and our licensors own CoverDial: the software, the portal, the receptionist template and its built-in rules, our call flows, scripts, tests and documentation, and anything we build to improve them. We give you a non-exclusive, non-transferable right to use the Service during your subscription for your own business.

Yours

You own your business name, logos and your data. You give us a licence to use them only to provide the Service.

Feedback

If you suggest improvements, we may use them without owing you anything.

Restrictions

You won't copy, resell, reverse-engineer or try to extract the template or its instructions, test the Service's security without our written permission, or use it to build a competing product.

17. Disclaimers

EXCEPT AS THESE TERMS EXPRESSLY SAY, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT EVERY CALL WILL BE ANSWERED, TRANSFERRED OR SUMMARIZED CORRECTLY.

18. Limitation of liability

Excluded losses

Neither of us is liable to the other for lost profits, lost revenue, lost business or jobs, missed calls, lost data, or indirect, incidental, special, consequential or punitive damages, even if told they were possible.

Cap

Each of our total liability for all claims relating to the Service is limited to the amounts you paid us for the Service in the 12 months before the event that caused the claim.

Exceptions

These limits don't apply to your payment obligations, either party's indemnity obligations under these terms, either party's fraud or wilful misconduct, or anything the law doesn't allow to be limited.

19. Indemnities

By you

You will defend and indemnify Elevate against third-party claims (including by your callers, staff and regulators) arising from: your business information or instructions; your failure to give notice or get consent as these terms require; your breach of the Acceptable Use Policy; or your use of the Service in breach of law.

By us

We will defend and indemnify you against third-party claims that the Service, used as these terms allow, infringes their US intellectual-property rights, and against third-party claims arising from our breach of our security obligations to you.

Process

The party asking for indemnity tells the other promptly, lets it control the defence and settlement (with no settlement admitting the other's fault without its consent), and cooperates.

20. Changes to these terms

We may update these terms. We'll give you at least 30 days' notice by email before a change that reduces your rights takes effect. If you don't agree, you may cancel before it takes effect, and the old terms apply until your cancellation takes effect. Changes required by law or for security can take effect sooner. We keep each version with its date.

21. Disputes and governing law

Talk first

If a dispute arises, we'll each try in good faith to resolve it by talking for 30 days before starting a claim.

Governing law

These terms are governed by the laws of the State of Missouri, without regard to its conflict-of-laws rules.

Venue

Any claim must be brought in the state courts in Cass County, Missouri, or in the United States District Court for the Western District of Missouri, and each of us consents to those courts.

Time limit

Any claim must be brought within one year after it arises, where the law allows.

22. General

• Notices. We send notices to the account owner's email address. You send notices to support@coverdial.com.
• Electronic records. You agree to receive these terms, invoices and notices electronically, and that clicking to accept is your signature.
• Assignment. You may not transfer this agreement without our consent. We may transfer it to an affiliate or a successor to the CoverDial business, with notice.
• Force majeure. Neither of us is liable for delay or failure caused by events beyond reasonable control, including carrier, phone-network or cloud outages, but this doesn't excuse payment.
• Entire agreement. These terms, the order you accept when you sign up, the pricing page or any order form we sign with you, the Acceptable Use Policy and the Privacy Policy are the whole agreement. If an order you accepted or an order form we signed conflicts with these terms, the order or order form controls.
• Severability. If any part of these terms can't be enforced, the rest stays in effect.
• No waiver. Not enforcing a right straight away doesn't mean giving it up.
• Independent parties. We are independent contractors. Nothing in these terms creates a partnership, employment or agency relationship, and no one else has rights under them.

23. Contact

Elevate IT Solutions LLC, 117 S Lexington St, Ste 100, Harrisonville, MO 64701. Email support@coverdial.com. Support hours: Monday to Friday, 8am to 5pm Central, except Thanksgiving and the day after and the other holidays listed under "Support".