Terms of service.

1. The service

ModPhone (“we”, “us”) provides an AI platform (“Service”) that handles inbound and outbound phone calls, SMS, email, and web chat on behalf of businesses (“you”, “Customer”). You configure an AI agent, we route your customer conversations through it, and you pay monthly based on the plan and usage you select.

2. Your account

To use ModPhone, you need to create an account and provide accurate information. You are responsible for safeguarding your credentials and for all activity under your account. Let us know right away at hello@modphone.ai if you suspect unauthorized access.

3. Acceptable use

You agree not to use ModPhone to:

• Violate any law or regulation, including telemarketing laws (TCPA, CAN-SPAM, CASL, etc.)
• Make outbound calls or texts to anyone who has not given appropriate consent
• Impersonate someone else, or misrepresent your identity or your agent’s identity in a way that defrauds callers
• Attempt to collect protected health information (PHI) without enabling HIPAA-compliant configuration on an eligible plan
• Reverse engineer, resell, or white-label the Service without a partner agreement
• Upload content you don’t have rights to, or content that’s unlawful, harmful, or infringing
• Probe, scan, or test the vulnerability of the Service without written authorization

We may suspend or terminate accounts that violate these rules, with or without notice depending on the severity.

4. Consent & compliance

You are responsible for obtaining any consent required by law from the people your ModPhone agent talks to — including recording consent, SMS opt-in, and outbound calling consent. ModPhone provides tooling to help (consent prompts, opt-out handling, recording disclosures) but you are the data controller and you own the compliance relationship with your customers.

5. Your content

You retain ownership of everything you put into ModPhone — knowledge base content, uploaded documents, voice recordings, transcripts, customer data, and configurations (“Customer Content”). You grant us a limited license to use Customer Content only as necessary to operate the Service for you.

We do not use Customer Content to train shared AI models. We do not sell Customer Content.

6. Third-party services

ModPhone relies on third-party services (Twilio, Daily.co, Anthropic, OpenAI, and others) to deliver parts of the Service. If a third-party service experiences an outage or changes its behavior, that may affect the Service. We aim for 99.9% monthly uptime on standard plans and 99.95% on Enterprise, but third-party outages outside our control can impact availability.

7. Payment & billing

• Monthly subscriptions bill in advance on the same day each month
• Usage overages (minutes and messages beyond your plan) bill at the end of the billing cycle at the rates published on our pricing page
• We’ll warn you at 80% and 100% of your plan limits; you can set hard caps in your dashboard
• Taxes and telecom surcharges may be added where applicable
• Non-payment after reasonable notice may result in suspension

8. Refunds & cancellation

Paid plans include a 30-day money-back guarantee on your first paid month. You can cancel any paid plan from your dashboard at any time; we’ll prorate the remaining days. After cancellation we retain account data for 30 days in case you come back, then delete it (subject to legal retention requirements).

9. Intellectual property

The ModPhone platform, code, and branding remain our intellectual property. Your content remains yours. We may use aggregated, anonymized usage data to improve the Service.

10. Disclaimers

The Service is provided on an “as is” and “as available” basis. We don’t warrant that the Service will be uninterrupted, error-free, or suited to every specific use case. AI responses may occasionally be incorrect — you are responsible for the configuration, supervision, and any automated actions your agent takes.

11. Limitation of liability

To the fullest extent allowed by law, ModPhone, Inc. is not liable for indirect, incidental, special, or consequential damages, including lost profits or lost customers. Our total cumulative liability for any claim will not exceed the amount you paid us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify us against claims arising from (a) your misuse of the Service, (b) your violation of law (including TCPA or CAN-SPAM violations), or (c) Customer Content that infringes a third party’s rights.

13. Termination

Either of us can terminate for material breach with reasonable notice. We can suspend the Service without notice if we reasonably believe your use threatens security, integrity, or legal standing of the Service. On termination you can export your data within 30 days; after that it’s permanently deleted.

14. Changes

If we materially change these terms, we’ll email account owners at least 30 days before the change takes effect. Continued use after the effective date is acceptance.

15. Governing law

These terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict-of-laws rules. Disputes will be resolved in the state or federal courts located in Louisville, Kentucky. Nothing here waives statutory rights you have under your local consumer protection law.

16. Contact

Questions about these terms: hello@modphone.ai. Legal notices to: ModPhone, Inc. via the same address.