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These Terms form an agreement between Call Me Booked (“Call Me Booked”, “we”, “us”) and the business that signs up for the Service (“Client”, “you”). By creating an account, signing an order form or using the Service, you agree on behalf of your business to these Terms, our Data Processing Addendum and the plan details you accept at sign-up. If an order form signed by both parties conflicts with these Terms, the order form wins.

The Service is for businesses only. By accepting these Terms you confirm that you are acting for the purposes of your business and not as a consumer.

1. The service

Call Me Booked provides AI-assisted call answering, call sorting, estimate booking, missed-call text-back, estimate drafting, invoice auditing, customer-reactivation messaging, reporting and an Android crew app for your staff, for home-improvement and exterior businesses (the “Service”). Features available to you depend on your plan. We may improve and change the Service over time; we will not materially reduce the core features of your plan during a paid term without notice.

The Service is available only to businesses in the trades we support at sign-up, and currently only to businesses located in Canada (outside Québec).

Free missed-call check. These Terms also apply to a free missed-call check. For the check's stated period, the AI answers only the calls you forward to the check line: it takes messages and texts back callers who hang up, and never books anyone. Urgent messages are emailed to you. The check line is released a few days after the check ends unless you sign up, and recordings, transcripts and messages from the check are deleted 30 days after it ends unless you sign up.

2. Accounts and users

• You are responsible for the people you invite and the roles you give them (owner, office staff, estimator or crew).
• Keep passwords confidential and tell us promptly about any unauthorized use.
• You must provide accurate business information, including your legal name for carrier registration.
• If you ask estimators or crew members to share their location, including the optional work-hours location in the crew app, you are responsible for telling them in writing how their location is used, getting each person's agreement, and having any written policy the law requires (for example, Ontario requires employers with 25 or more employees to have a written policy on electronic monitoring). Each crew member can stop sharing at any time.

3. Important limits of an AI service

• Not an emergency service. The Service is for sales and scheduling calls and does not handle emergencies. It is not a substitute for 911, your gas utility or other emergency services, and it does not assess whether a situation is safe. If a caller mentions possible danger, the assistant tells them to hang up and call 911, takes a message and flags it to you as urgent. It does not give safety advice, book the call or send anyone, and it cannot guarantee that anyone will respond.
• Supported trades. You will use the Service only for the trades you selected at sign-up, and not for heating, plumbing, electrical, gas, restoration or other emergency work.
• Urgent messages. You are responsible for following up on every message the Service flags as urgent, and for keeping your urgent contacts current in the Service.
• AI can make mistakes. Classification, transcription, scheduling and drafted content may contain errors. You are responsible for reviewing estimates, invoices and campaigns before they are sent. Nothing binding (such as an estimate) is sent to a customer without your approval.
• Dependence on others. Calls and messages travel over third-party carriers and internet providers that we do not control. If the AI is unavailable, the Service falls back to voicemail and, where it can, an instant text alert to you. If our own systems are down, callers hear a short apology and are asked to leave a message or call back (and to call 911 in an emergency), and those calls may not appear in your dashboard or trigger alerts. We do not guarantee that every call or message will be delivered.
• No prices or promises from the assistant. The assistant does not quote prices, discuss insurance coverage or promise timelines, warranties or financing; it books estimates and takes messages. The only fee it mentions is the estimate-visit fee you set. Keep your service area, hours and that fee accurate. You are responsible for what you and your staff tell customers.

4. Your responsibilities for calls and messages

• You authorize us to answer, record and transcribe calls to your Call Me Booked number and to tell callers that they are speaking with an AI assistant and that the call is recorded.
• Recording notices. The Service plays a notice at the start of every call it answers, including voicemail, that the call is recorded and transcribed, and you may not disable or shorten it. When the assistant transfers a call to you or your staff, the person answering first hears that the call is recorded, and recording stops at the transfer unless you choose to keep it. You are responsible for notices and consents for any recording you make outside the Service, and you will tell your employees and crew in writing that calls transferred to them through the Service may be recorded.
• You control your messaging. You decide whether to use each type of automated message, who receives it and what it says, and you can switch each type off in Settings; for businesses in the United States, each type starts off until you turn it on. You are the sender of every call and message made through the Service on your behalf, and before turning on any message type you will obtain every consent the law requires. Our consent and scheduling tools help you comply but do not make us the sender or shift your obligations to us.
• You confirm that you have the consent required by Canada's Anti-Spam Legislation (CASL), the US Telephone Consumer Protection Act (TCPA) and other laws for the contacts you upload. For each contact you upload, you will tell us whether you have express or implied consent, how and when it was obtained and, for implied consent, the date of the last purchase, contract or inquiry. Contacts without this information are treated as service-only and receive no marketing messages. We block sends our records show are not permitted, but you remain responsible for the accuracy of the consent information you provide.
• You will cooperate with carrier registration (for example, US A2P 10DLC and toll-free verification).
• You will not use the Service for unlawful, deceptive, harassing or spam communications.
• Insurance. While you are a paying Client, you will maintain, at your own cost, commercial general liability insurance suitable for your business with limits of at least $2,000,000 per occurrence, and provide a certificate of insurance on request. If your order form requires it, you will have Call Me Booked added to that policy as an additional insured.

5. Fees and payment

• Subscription fees are billed in advance, in CAD for Canadian Clients and USD for US Clients: monthly, or yearly if you choose a yearly plan.
• Charges start on the day you go live. By saving a payment card you authorize us to charge it automatically for your subscription, applicable taxes and any additional minutes, until you cancel. Invoices and receipts are available in the app under Billing.
• Yearly billing is available on Growth (11 times the monthly price for 12 months of service, 1 month free) and Pro (10 times the monthly price for 12 months of service, 2 months free). Starter is billed monthly only. A yearly plan is paid in advance for the whole year. Included AI call minutes still reset each month.
• Each plan includes the number of AI call minutes per month shown on your order form or the plan summary you accepted at sign-up. Additional minutes are billed monthly in arrears at the rate shown there (on a yearly plan, on a separate monthly invoice).
• Spending cap (optional). If you set a monthly cap on additional-minute charges, the AI stops answering once the cap is reached, until your next billing month or until you raise or remove the cap. While it's stopped, calls go to your voicemail, whose greeting tells callers to call 911 if anyone is in danger, and callers who hang up still get a text back. The cap is checked every few minutes, so the final charge can be slightly above it.
• Off-season pause (optional). On a monthly plan you can pause the Service for up to 4 months in each 12 months, for the pause fee shown in your plan summary instead of your subscription fee. While paused we keep your answering number, voicemail and missed-call text-back, and your plan includes 50 AI call minutes a month; everything else resumes when the pause ends. Paused months don't count towards the results guarantee period.
• Promo codes, credits and referral rewards are discounts we may offer from time to time. A promo code reduces the plan fee only (never additional minutes or taxes) for the period stated when you apply it. Credits reduce your next invoices. A referral reward is one free month when a business that signed up with your referral link has paid for a year. We may end an offer at any time without affecting discounts already applied.
• Onboarding is included unless your order form says otherwise.
• Fees exclude applicable taxes (such as GST/HST), which we will add to your invoice.
• If a payment fails, we retry it and tell you. If it is not fixed within 14 days of our notice, we may suspend the Service until it is paid. We will email you before we suspend it.
• Card payments from your customers. If you connect your own Stripe account to take card payments on invoices, deposits or payment links, those payments are made to your Stripe account under your agreement with Stripe. We do not receive, hold or take a fee from that money. Refunds, disputes and chargebacks are handled by you in your Stripe account, and card payments are not counted as revenue in your Call Me Booked revenue report.

Results guarantee

If the revenue shown in your Call Me Booked revenue report for your first 90 days (starting the day your calls go live; 120 days if they go live between November 1 and the last day of February) is less than 5 times your monthly subscription fee, we will credit one month's subscription fee (excluding usage charges and taxes) on your next invoice, or, on a yearly plan, add one free month to your term. For a yearly plan the target uses the plan's regular monthly price. To qualify:

• calls are forwarded to Call Me Booked as set up during onboarding (at least after-hours and unanswered calls) for the whole period;
• your business hours, estimate availability and calendar are kept up to date in Call Me Booked;
• your account is in good standing; and
• the guarantee applies once per business, to its first 90 days (or 120 days, as above), on monthly and yearly plans.

Revenue is counted as described in the report: quotes accepted by customers whose first contact was a call or message answered by Call Me Booked, at the accepted amount, and jobs for those customers that you mark as won in Call Me Booked, at the amount you enter (each replaced by the invoiced amount once invoiced), plus recoveries and reactivations you confirmed. Booked estimates that have not been accepted or marked as won are shown as estimated pipeline and do not count. The credit is your only remedy under this guarantee.

6. Term and cancellation

• Monthly subscriptions renew each month and yearly subscriptions renew each year, until cancelled.
• Either party may cancel with 30 days' written notice; you can also cancel in the app under Billing, which counts as written notice. Fees already paid are not refunded except where the law requires, under the results guarantee, or as stated in section 13 or in our Data Processing Addendum.
• If you cancel a yearly plan partway through its year, the Service continues until the end of the year you paid for and the plan does not renew; the unused part of the yearly payment is not refunded. If we end the Service for a reason other than your breach, we refund the unused whole months of your yearly payment.
• You can switch a yearly plan to monthly billing in the app under Billing: the switch takes effect when the year you paid for ends. Switching from monthly to yearly takes effect straight away, and we credit the unused part of the current month.
• We may suspend or end the Service immediately for serious breaches, such as unlawful messaging or non-payment.
• For 60 days after your service ends you can download your data in the app, or ask us to export it. We then delete it within 90 days of the end of your service, except where the law requires us to keep it. Your answering number is kept for those 60 days and then released; ask us before then if you want it transferred (ported) to another provider.

7. Your data

• You own your data, including your customer records, call recordings and transcripts. You give us permission to use it only to provide, secure and support the Service, and as described in our Privacy Policy.
• We process your customers' personal information as your service provider under our Data Processing Addendum, which forms part of these Terms and applies automatically to every Client. It sets out our security measures, limits our use of that information to providing the Service to you, lists our subprocessors, requires us to notify you of any security incident affecting it without undue delay, and requires us to return or delete it when the Service ends.
• Conversation Data means the audio, transcripts, summaries, messages and related content of communications between you and your callers or customers that pass through the Service. We process Conversation Data only on your behalf, only on your instructions and only to provide the Service to you. We will not: (a) use Conversation Data to train, fine-tune or improve any artificial-intelligence model; (b) sell or disclose it, except to the subprocessors in our list of subprocessors under written terms at least as protective as these; (c) combine it across clients, except to produce counts that contain no message content, cannot identify any caller or customer, and are drawn from at least five clients; or (d) access it except to provide support you ask for (support access you allow in Settings, for up to 24 hours), to keep the Service secure, or as required by law, with every access logged and shown to you.
• We may use anonymized statistics, which cannot identify you or any person and are never built from the content of calls or messages, to operate and improve the Service.
• Comparisons with similar businesses: your monthly figures (such as the share of calls answered) may be combined with those of other clients in the same trade and area to show each client typical and top-quarter figures. A comparison is shown only when it combines at least 5 other businesses, and no client ever sees another business's own figures or name.

8. Confidentiality

Each party will protect the other's non-public information with reasonable care and use it only for this agreement, except where disclosure is required by law.

9. Intellectual property

We own the Service, including its software, prompts, model configurations and documentation. You receive a non-exclusive, non-transferable right to use the Service for your business during your subscription. Suggestions you give us may be used freely to improve the Service.

10. Warranties and disclaimers

We will provide the Service with reasonable skill and care. Except as stated in these Terms, the Service is provided “as is” and, to the extent the law allows, we exclude all other representations, warranties and conditions, whether express or implied by statute (including sale of goods legislation), common law, civil law or otherwise, including those of merchantable quality, fitness for a particular purpose and uninterrupted or error-free operation.

11. Limitation of liability

To the extent the law allows: (a) neither party is liable for indirect, consequential, special or punitive damages, or for lost profits, revenue, business opportunity or data, even if advised of the possibility; and (b) each party's total aggregate liability for all claims arising out of or relating to this agreement or the Service, whether in contract, tort (including negligence), under statute or otherwise, is limited to the greater of the fees paid or payable by you in the 12 months before the first event giving rise to liability and CAD $5,000.

These limits do not apply to your payment obligations, to either party's indemnity obligations (ours are limited as set out in section 12), or to liability that cannot be limited by law. Nothing in this agreement excludes or limits liability for bodily or moral injury, or for intentional or gross fault, where the law does not permit it.

12. Indemnity

You will defend and indemnify us against third-party claims arising from messages sent on your behalf without the required consent, from inaccurate rates or information you configure, from your breach of law, from your failure to follow up on messages taken by the Service, including those flagged as urgent, or from statements you or your staff make to customers about prices, insurance, warranties, timelines or financing.

We will defend and indemnify you against third-party claims that the Service's software, used as permitted, infringes their Canadian or US intellectual property rights. This does not cover content or data you provide, content generated at your direction, or combinations with products we did not supply. Our total liability under this indemnity is limited to the greater of the fees paid or payable by you in the 12 months before the claim and CAD $10,000.

A party seeking indemnity must promptly tell the other about the claim, let it control the defence and settlement (it may not settle in a way that admits fault by the other party without that party's consent), and cooperate reasonably at the other's cost.

13. Changes to these Terms

We may update these Terms. We will give at least 30 days' notice by email of material changes. If a change materially disadvantages you, you may cancel before it takes effect, and on a yearly plan we will refund the unused whole months you prepaid. Otherwise, continuing to use the Service after the effective date means you accept the change.

14. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. The courts of Ontario have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any court with jurisdiction.

15. General

This agreement (with any order form, the plan details you accepted at sign-up and the Data Processing Addendum) is the entire agreement between us about the Service. If a provision is unenforceable, the rest remains in effect. Neither party may assign the agreement without consent, except to a successor in a merger or sale of its business. Notices may be sent by email to the addresses on your account and to support@callmebooked.com.