Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and OzyOps ("we," "us," or "our") governing your use of our AI-powered receptionist and follow-up services.

By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our services.

1.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into this agreement on behalf of yourself or your business. By using our services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity and authority to agree to these Terms
• You are authorized to bind your business to these Terms
• All information you provide is accurate and complete

1.2 Scope

These Terms apply to all services offered by OzyOps, including:

• AI receptionist services across all verticals (Trades, Law, Healthcare)
• Customer portal (portal.ozyops.com)
• Marketing websites (trades.ozyops.com, law.ozyops.com, health.ozyops.com)
• All associated features, tools, and integrations

2. Description of Services

OzyOps provides Done-For-You AI receptionist and follow-up services designed to help businesses capture leads, book appointments, and manage customer communications.

2.1 Core Services

• 24/7 AI Receptionist: Automated call answering, qualification, and routing using advanced natural language processing
• Google Calendar Integration: Automated appointment booking based on your availability rules and preferences
• Call Recording and Transcription: All calls are recorded and transcribed for quality assurance and review
• Follow-Up Automation: SMS and email sequences for lead nurturing and quote follow-up
• Customer Portal: Web-based dashboard for managing settings, viewing analytics, and accessing call recordings
• Monthly Optimization: Regular review of call recordings and optimization of scripts and routing rules

2.2 Service Tiers

Overage Rates: Additional minutes beyond your plan's allocation are billed at $0.15 per minute. We will notify you when you reach 80% and 100% of your included minutes.

2.3 Industry Verticals

Our services are tailored for specific industries:

• Trades: HVAC, Plumbing, Electrical, Roofing (trades.ozyops.com)
• Law: Solo practitioners, small law firms (law.ozyops.com)
• Healthcare: Medical spas, dental practices, healthcare clinics (health.ozyops.com)

2.4 Third-Party Services

Our services utilize the following third-party providers:

• Retell AI: Voice processing and conversational AI technology
• Supabase: Database hosting and authentication
• Google OAuth & Calendar: Authentication and appointment booking
• Stripe: Payment processing and subscription management
• Twilio: SMS messaging and telephony services
• Zapier: Integration automation and workflow coordination

You acknowledge that service availability and performance may be affected by these third-party providers, and OzyOps is not liable for third-party service failures or interruptions.

3. Account Registration and Responsibilities

3.1 Account Creation

To use our services, you must create an account by providing:

• Accurate business and contact information
• Valid email address
• Secure password meeting our security requirements
• Payment method for subscription billing

3.2 Google OAuth Integration

If you use Google OAuth to sign in to the customer portal, you authorize us to:

• Access your Google account email and profile information for authentication
• Access your Google Calendar for appointment booking and availability management
• Create, modify, and delete calendar events on your behalf based on booking requests

You can revoke these permissions at any time through your Google Account settings, though this will limit appointment booking functionality.

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• Enabling multi-factor authentication (strongly recommended)
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breaches

We are not liable for any losses resulting from unauthorized use of your account due to your failure to maintain adequate security.

3.4 Account Information Accuracy

You must provide accurate, current, and complete information and promptly update it as needed. Failure to maintain accurate information may result in service interruptions or account termination.

4. Subscription and Payment

4.1 Pricing and Plans

Subscription pricing is based on the service tier you select (Essential, Professional, or Business). Pricing includes:

• Base monthly subscription fee
• Included call minutes as specified in your plan
• Access to customer portal and features
• Monthly optimization and reporting

Overage charges apply for usage beyond included minutes at $0.15/minute.

4.2 Billing Cycle

• Billing Date: Subscriptions are billed monthly in advance on the anniversary of your signup date
• Auto-Renewal: Your subscription automatically renews each month unless you cancel
• Payment Method: You must provide a valid payment method (credit card or bank account) processed securely through Stripe
• Payment Authorization: By providing a payment method, you authorize us to charge all subscription fees and overages

4.3 Failed Payments

• Retry Attempts: Failed payments will be retried automatically for up to 3 attempts over 7 days
• Grace Period: You have 7 days to update your payment method before service suspension
• Service Suspension: If payment fails after 7 days, your service will be suspended
• Account Termination: Accounts with failed payments for 30 days will be terminated
• Reactivation Fee: A $100 reactivation fee may apply to restore suspended accounts

4.4 Refund Policy

4.5 Price Changes

We reserve the right to change our pricing with 30 days' notice. Price changes will not affect your current billing cycle but will apply to the next renewal period. If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

5. Your Obligations

5.1 Call Recording Consent (CRITICAL)

5.2 Accurate Business Information

You must provide and maintain accurate information about your business, including:

• Business name, address, phone number, hours of operation
• Service areas, service types, pricing structure
• Emergency escalation contacts and protocols
• Calendar availability rules and booking parameters

5.3 Script Approval and Compliance

You are responsible for:

• Reviewing and approving all AI receptionist scripts and call flows
• Ensuring scripts comply with all applicable laws and regulations
• Providing industry-specific requirements and terminology
• Updating scripts as your business needs change

5.4 Timely Response to Leads

You must:

• Respond promptly to emergency escalations and callback requests
• Follow up on booked appointments and qualified leads
• Monitor your call recordings and portal notifications regularly
• Maintain adequate staffing to handle escalated calls and bookings

5.5 Integration Setup and Maintenance

If you use third-party integrations (CRM, scheduling software, etc.), you are responsible for:

• Providing API keys and access credentials
• Maintaining active subscriptions with integrated services
• Troubleshooting integration issues on your end
• Notifying us of any changes to integrated systems

6. Prohibited Uses

You may not use our services for any unlawful purpose or in any way that violates these Terms. Prohibited activities include:

6.1 Illegal Activities

• Any illegal activity, fraud, or deceptive practices
• Violations of consumer protection laws or TCPA regulations
• Recording calls without required consent in two-party consent states
• Harassment, threats, or abusive communications

6.2 Intellectual Property Violations

• Infringing on copyrights, trademarks, patents, or trade secrets
• Using our services to distribute pirated content or materials
• Reverse engineering, decompiling, or attempting to extract source code

6.3 System Abuse

• Attempting to gain unauthorized access to our systems or networks
• Introducing viruses, malware, or other malicious code
• Interfering with or disrupting service availability
• Excessive API usage or denial-of-service attacks

6.4 TCPA Violations

• Making unsolicited calls or sending spam messages
• Failing to honor do-not-call requests
• Using auto-dialers or prerecorded messages without consent

6.5 Reselling Without Authorization

• Reselling, sublicensing, or white-labeling our services without written permission
• Offering our services as part of your own service offerings without authorization

Violation of these prohibitions may result in immediate account termination, service suspension, and legal action.

7. Service Performance and Guarantees

7.1 Uptime Target

We strive to maintain 99.9% uptime for our services, excluding:

• Scheduled maintenance (announced at least 48 hours in advance)
• Third-party service provider outages (Retell AI, Supabase, Google, Twilio, etc.)
• Downtime caused by factors beyond our reasonable control (force majeure events)

7.2 No Guarantee of Results

7.3 AI Limitations

You acknowledge that:

• AI technology is not 100% accurate and may occasionally misunderstand or misroute calls
• Call transcriptions may contain errors or inaccuracies
• AI responses are based on training data and may not cover all possible scenarios
• Human review of critical calls and decisions is recommended

7.4 Third-Party Dependencies

We are not liable for:

• Outages, failures, or performance issues with third-party service providers (Retell AI, Google, Twilio, etc.)
• Changes to third-party APIs, pricing, or terms of service
• Discontinuation of third-party services we rely upon
• Integration failures due to changes in your connected systems

8. Intellectual Property

8.1 OzyOps Intellectual Property

OzyOps and our licensors own all rights, title, and interest in:

• The OzyOps customer portal, websites, and software
• Our brand name, logos, trademarks, and service marks
• Call scripts, workflows, and documentation we create
• Proprietary processes, methodologies, and know-how

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services during your subscription term.

8.2 Third-Party AI Intellectual Property

8.3 Your Content

You retain ownership of all content you provide, including:

• Your business information, branding, and marketing materials
• Call recordings of your customer interactions
• Customer data collected through our services
• Custom scripts and call flows you create

You grant us a license to use this content solely to provide and improve our services.

8.4 Feedback

If you provide feedback, suggestions, or ideas about our services, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into our services without compensation or attribution.

9. Termination and Cancellation

9.1 Termination by You

You may cancel your subscription at any time by:

• Providing 30 days' written notice via email to support@ozyops.com
• Cancelling through the customer portal (if available)

Important:

• Cancellation takes effect at the end of your current billing cycle
• No refunds are provided for unused portions of your subscription
• You remain responsible for all charges incurred up to the cancellation date

9.2 Termination by OzyOps

We may suspend or terminate your account immediately without notice if:

• You breach these Terms or our Privacy Policy
• Payment fails for 30 days despite retry attempts
• You engage in prohibited uses or fraudulent activity
• Your use threatens the security or stability of our services
• Required by law or court order

We may also terminate your account with 30 days' notice for any reason, including discontinuation of services to your industry vertical or geographic area.

9.3 Effect of Termination

Upon termination or cancellation:

• Immediate: Your access to the customer portal and services is terminated
• Call Forwarding: Your phone number forwarding will be discontinued
• Data Retention: Your data (call recordings, transcripts, account information) is retained for 90 days for legal compliance and dispute resolution
• Data Deletion: After 90 days, all data is permanently deleted unless you request earlier deletion or extended retention
• Outstanding Charges: You remain liable for all outstanding charges, including overages and fees

9.4 Transition Assistance

If you cancel, we will provide up to 30 days of transition assistance, including:

• Export of call recordings and transcripts
• Export of customer data in CSV format
• Guidance on updating call forwarding to a new provider or your direct line

Transition assistance must be requested within 14 days of cancellation notice.

10. Disclaimers and Warranties

10.1 No Warranty

To the fullest extent permitted by law, we disclaim all warranties, including:

• Merchantability: No warranty that services are fit for commercial use
• Fitness for Particular Purpose: No warranty that services meet your specific business needs
• Non-Infringement: No warranty that services do not infringe third-party rights
• Accuracy: No warranty that AI responses, transcriptions, or data are accurate or error-free
• Availability: No warranty of uninterrupted or error-free service availability

10.2 No Guarantee of Performance

We make no guarantees regarding:

• Call answer rates, booking rates, or conversion metrics
• Lead quality, customer satisfaction, or revenue generation
• AI accuracy, call routing decisions, or transcription quality
• Integration reliability or third-party service performance

10.3 Third-Party Services

We do not warrant the reliability, availability, or performance of third-party services (Retell AI, Google, Twilio, Stripe, etc.) and are not responsible for their failures or changes.

11. Limitation of Liability

11.1 Exclusion of Damages

11.2 Liability Cap

Our total liability to you for any claims arising from or related to these Terms or our services shall not exceed the greater of:

• The total fees you paid to OzyOps in the 12 months preceding the claim, OR
• $100

11.3 Exceptions

Nothing in these Terms limits liability for:

• Death or personal injury caused by our gross negligence
• Fraud or fraudulent misrepresentation
• Violations of law that cannot be contractually limited

11.4 Basis of the Bargain

You acknowledge that we have set our pricing in reliance on these limitations of liability and that they reflect a reasonable allocation of risk between the parties.

12. Indemnification

12.1 Your Indemnification of OzyOps

You agree to indemnify, defend, and hold harmless OzyOps, our affiliates, and our respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms or applicable laws
• Your failure to obtain necessary consents for call recording
• Your negligence, willful misconduct, or illegal activities
• Claims by your customers or third parties related to your use of our services
• Your violation of intellectual property rights
• Your inaccurate or misleading representations to customers

12.2 OzyOps Indemnification of You

We will indemnify you against claims that our services infringe third-party intellectual property rights, provided that:

• You notify us promptly in writing of any such claim
• You give us control of the defense and settlement
• You provide reasonable cooperation in the defense

This indemnification does not apply to claims arising from your modifications, misuse, or combination of our services with third-party products.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

13.2 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at legal@ozyops.com to attempt informal resolution. We will work in good faith to resolve disputes within 30 days.

13.3 Binding Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Location: Arbitration will take place in California (or your location if more convenient)
• Costs: Each party bears its own costs unless the arbitrator awards fees to the prevailing party
• Award: The arbitrator's award is final and binding and may be entered as a judgment in any court

13.4 Class Action Waiver

13.5 Small Claims Court

Either party may bring an individual action in small claims court if the claim qualifies.

13.6 Injunctive Relief

Either party may seek injunctive or equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OzyOps and supersede all prior agreements, representations, and understandings.

14.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

14.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure

Neither party is liable for delays or failures in performance caused by circumstances beyond reasonable control, including natural disasters, acts of war or terrorism, government actions, labor disputes, or third-party service provider failures.

14.6 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.

14.7 Notices

Legal notices must be sent in writing to:

• To OzyOps: legal@ozyops.com
• To You: The email address on file in your account

Notices are deemed received when sent via email or 3 business days after mailing.

15. Industry-Specific Terms

The following additional terms apply based on your industry vertical:

15.1 Trades (HVAC, Plumbing, Electrical, Roofing)

• Emergency Escalation: You must provide 24/7 on-call contact information for emergency service requests
• After-Hours Routing: You are responsible for defining and updating emergency vs. non-emergency call routing rules
• Seasonal Variations: You must notify us of seasonal schedule changes (e.g., HVAC busy season, holiday hours)
• Licensing Compliance: You represent that you hold all required state and local contractor licenses

15.2 Law Firms

• Conflict Checking: You remain responsible for conducting conflict checks before accepting new clients
• Attorney Routing: You must provide clear routing rules for which attorneys handle specific practice areas
• Attorney-Client Privilege: You acknowledge that conversations with prospective clients via our AI receptionist do not establish attorney-client privilege until you formally accept representation
• Bar Rules Compliance: You are solely responsible for compliance with your state bar's rules on client solicitation, advertising, and communication

15.3 Healthcare (Medical Spas, Dental, Clinics)

• Appointment Scheduling: You must provide detailed availability rules, appointment types, and duration requirements
• No Medical Advice: Our AI receptionist does not provide medical advice, diagnosis, or treatment recommendations
• HIPAA Disclaimer:

16. Changes to Terms

16.1 Right to Modify

We may update these Terms at any time to reflect changes in our services, legal requirements, or business practices.

16.2 Notice of Changes

We will provide notice of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending an email notification to your registered email address
• Displaying a notice in the customer portal

Material changes will take effect 30 days after notice is provided.

16.3 Acceptance of Changes

Your continued use of our services after changes take effect constitutes acceptance of the updated Terms. If you do not agree with the changes, you must cancel your subscription before the changes take effect.

17. Contact Information

For questions or concerns about these Terms of Service, please contact us:

OzyOps
General Inquiries: hello@ozyops.com
Support: support@ozyops.com
Legal: legal@ozyops.com
Privacy: privacy@ozyops.com
Website: https://ozyops.com
Portal Support: https://portal.ozyops.com/support

For legal notices and formal disputes:
Please send written notice to legal@ozyops.com with "Legal Notice" in the subject line.