easyRep Service Agreement

1. The service

easyRep provides an AI receptionist that answers the Customer's business calls, tools to collect client details and send them emails, and a dashboard, as described on easyRep's website (the "Service"). The easyRep Terms of Service and Privacy Policy are part of this Agreement. If they conflict with this Agreement, this Agreement wins.

2. Authorization to use the Customer's name and business details

The Customer authorizes easyRep, for as long as this Agreement lasts, to use the Customer's business name, trade names, logo (if provided), phone numbers, address, hours, services, prices and other business details the Customer gives (the "Business Details") to provide the Service. This includes:

1. answering calls, greeting callers and speaking on the Customer's behalf in the Customer's name, and telling callers when asked that it is the Customer's AI assistant;
2. taking messages, orders and appointment requests for the Customer, and transferring calls to the numbers the Customer sets;
3. sending emails to the Customer's clients in the Customer's name, from an easyRep address or from the Customer's own domain once connected, with replies going to the Customer;
4. labelling phone numbers with the Customer's name at easyRep's phone provider, and registering the Customer's name and details with phone carriers and email providers where required (for example caller ID, business texting registration, or domain verification), acting as the Customer's agent for that purpose;
5. buying, assigning, forwarding and, at the Customer's request, porting phone numbers on the Customer's behalf.

The Customer confirms that it has the right to use the Business Details and to let easyRep use them, that they are accurate, and that it will keep them up to date. easyRep won't use the Customer's name or logo to advertise easyRep (for example as a customer reference) without the Customer's separate permission. This authorization ends when the Agreement ends, except as needed to wind down the Service.

3. Subscription and recurring payment authorization

1. Monthly subscription. Each paid service is a monthly subscription that renews automatically each month on the same day it started (its "billing date") until it is paused or cancelled. Fees are charged in advance for the coming month.
2. Authorization. The Customer authorizes easyRep and its payment processor to charge the payment method the Customer puts on file, automatically on each billing date and without a further signature, for: the monthly subscription fees of the services and sizes the Customer has chosen (as shown in the dashboard at the time); extra call minutes at $0.25 each, only up to the monthly spending limit the Customer sets; extra phone numbers ($5/month each) and team logins ($10/month each) the Customer adds; one-time services the Customer orders; and applicable taxes.
3. Changes the Customer makes. Upgrades, added services, extra numbers and logins chosen in the dashboard are authorized by this Agreement and take effect straight away; the new amounts are charged from then on.
4. Price changes. easyRep will give at least 30 days' notice by email before increasing a price. The new price applies from the first billing date after the notice period. The Customer can pause or cancel before then.
5. Failed payments. If a charge fails, easyRep may retry it, ask for a new payment method, and pause the Service after notice until the balance is paid. The Customer authorizes easyRep to use updated card details supplied by the card networks.
6. Refunds and disputes. Fees already charged for a month are not refunded for a partial month, except where the law requires or easyRep agrees in writing. Before disputing a charge with its bank, the Customer agrees to contact easyRep first so it can be fixed.
7. Ending this authorization. The Customer can stop future charges at any time by pausing or cancelling services or deleting the account in the dashboard, or by emailing support@myeasyrep.com. This doesn't affect charges already due.

4. Free trial

If the Customer starts a free trial of the AI Receptionist, it lasts 7 days and includes up to 100 call minutes. Nothing is charged for it. When it ends the AI Receptionist stops until the Customer chooses to keep it; keeping it starts the monthly subscription from that day under section 3. One free trial per business, email address, phone number and payment card.

5. Pausing and cancelling

The Customer can pause a paid service at any time. It keeps working until its next billing date (already paid for), then stops and isn't charged until resumed. Resuming before that date changes nothing; resuming later starts a new monthly period, and a new billing date, on the day it's resumed. Phone numbers of a paused AI Receptionist are held for 90 days, then released. The Customer can cancel a service or delete the account at any time; after deletion the account can be restored for 30 days, then its data is erased and its phone numbers released.

6. The Customer's responsibilities

1. Calls. The Customer is responsible for complying with call recording, transcription and telemarketing laws. easyRep tells callers by default that calls may be recorded; the Customer won't turn that off where the law requires notice or consent.
2. Emails and client data. The Customer will only add clients who have agreed to hear from it, and will comply with anti-spam and privacy laws (such as CAN-SPAM). The Customer will keep its mailing address on its emails and won't work around unsubscribe links.
3. Accuracy. The receptionist answers from the Business Details. The Customer will keep them accurate and review messages and orders it receives.
4. Emergencies. The Service is not an emergency service and does not contact 911. The Customer won't rely on it where a missed or wrong message could put someone in danger.
5. Lawful use. The Customer won't use the Service for anything unlawful, deceptive or abusive, and is responsible for its team members' use of it.

7. Data, confidentiality and security

The Customer owns its data. For personal information about the Customer's callers and clients, easyRep acts as the Customer's service provider: it processes that information only to provide the Service and as the Customer instructs, keeps it confidential, doesn't sell or share it for advertising, protects it with reasonable security measures, uses only the sub-processors listed in the Privacy Policy, helps the Customer respond to people's privacy requests, and tells the Customer without undue delay about a security breach affecting it. Each party will keep the other's non-public business information confidential.

8. Warranties and liability

easyRep will provide the Service with reasonable skill and care. Otherwise the Service is provided "as is", and the disclaimers and limits of liability in the Terms of Service apply: in short, neither party is liable for indirect or consequential losses, and easyRep's total liability is limited to the fees paid in the 3 months before the claim, to the extent the law allows. The Customer will cover easyRep for third-party claims arising from the Business Details it provides or from its breach of section 6.

9. Term and ending

This Agreement starts on the Effective Date and continues month to month until the Customer deletes its account or either party ends it. easyRep may end it, or suspend the Service, with notice if the Customer seriously breaches it and doesn't fix the breach within 10 days, or straight away where needed to stop unlawful use or protect others. Sections 3(f), 6, 7, 8 and 10 continue after it ends.

10. Electronic signature and general terms

The Customer agrees to sign this Agreement electronically and to receive notices, receipts and records electronically, by email and in the dashboard, under the U.S. ESIGN Act and similar laws. Checking the "I agree" box, together with the record of signing (the signer's name and email, the time, internet address and the text agreed to), is the Customer's signature and is as binding as a handwritten one. The person signing confirms they are authorized to sign for the Customer. This Agreement, with the Terms of Service and Privacy Policy, is the whole agreement about the Service. It is governed by the laws of the State of New York. If any part is unenforceable, the rest still applies. easyRep may update this Agreement with 30 days' notice; continued use after that means the update is accepted.