The services
We provide three categories of service: (a) the AI Receptionist, a voice and SMS assistant that answers calls and books appointments on your behalf; (b) website design, build, and hosting; and (c) content production and distribution. The exact services you're entitled to are described in your order form, quote, or active subscription.
Your account and your obligations
You're responsible for keeping your login credentials confidential, for the accuracy of the information you give us, and for everything that happens under your account.
You'll give us the access we need to deliver the service — for example, calendar permissions, your business knowledge base, or website hosting credentials.
You'll comply with the laws that apply to your business and your callers, including telephone consumer protection, do-not-call, and call-recording disclosure laws in the jurisdictions you operate in. You are the controller of your customer data; we are a processor acting on your instructions.
Acceptable use
You won't use the service to make or receive calls that violate the law, harass anyone, evade do-not-call rules, defraud, infringe intellectual property, distribute malware, or impersonate someone else.
We may suspend or terminate the service immediately if your usage threatens the safety, integrity, or legality of our platform or another customer's use of it.
Fees, billing, and taxes
Fees are billed monthly in advance unless your order form says otherwise. All amounts are in Canadian dollars (CAD) unless stated. Applicable taxes (GST/PST/HST and any equivalent) are added at the prevailing rate.
Late invoices accrue interest at 1.5% per month (18% annualized). We may pause the service if an invoice is more than 15 days overdue.
Setup fees are non-refundable once setup work has begun.
Cancellation and term
Subscriptions are month-to-month with 30 days' written notice to cancel, unless your order form sets a fixed term. Annual plans end at the end of the paid term.
On cancellation we'll wind down integrations, return the data you ask for in a standard export format, and delete remaining data on the schedule described in our Privacy Policy.
Service availability
We target high availability for the AI Receptionist (call answering and booking) but we don't promise uninterrupted service. Telephony, calendar APIs, and AI infrastructure providers occasionally go down.
If a call cannot be answered by the AI for reasons under our control, we'll route to your configured fallback (voicemail, on-call number, or another destination you set).
Scheduled maintenance is communicated in advance where possible.
Intellectual property
We own the AI Receptionist software, our website templates, our prompts, our knowledge-base structures, and our internal tools.
You own your business content, brand assets, customer data, and the websites or content deliverables we produce for you (once invoices for those deliverables are paid in full).
You give us a limited license to use your name, logo, and anonymized usage data for security, analytics, troubleshooting, and (with separate written approval) marketing case studies.
Confidentiality
Each side will protect the other's confidential information using at least the care it uses for its own. Confidential information doesn't include anything that becomes public through no fault of the receiving party, was already known, or is independently developed.
Disclaimers
The service is provided "as is" and "as available". To the maximum extent permitted by law we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The AI Receptionist is a software tool. It will sometimes mishear, mistranscribe, or misroute. You are responsible for configuring fallbacks and for reviewing outcomes. We do not guarantee any specific revenue, conversion, or capture rate.
Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost business opportunity.
Our total aggregate liability under these Terms in any 12-month period is capped at the fees you actually paid us during the 12 months preceding the event giving rise to the claim.
Indemnity
You will defend and indemnify us against third-party claims arising from your use of the service in violation of these Terms, your violation of law (including telephone consumer-protection laws), or your customer data.
Governing law
These Terms are governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable in Saskatchewan, without regard to conflict-of-laws rules. Disputes will be resolved in the courts located in Saskatoon, Saskatchewan, and you consent to that jurisdiction.
Changes
We may update these Terms as the service evolves. Material changes will be sent by email to active customers at least 30 days before they take effect. Continued use after the effective date means you accept the updated Terms.
Contact
Questions about these Terms: support@underdogcreativesolutions.com.