Terms of Service

    Last updated: December 29, 2024

    1. Acceptance of Terms

    By accessing or using Newtells services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services. These terms apply to all visitors, users, and others who access or use our platform.

    2. Description of Services

    Newtells provides an AI-powered voice and communication platform designed to automate business operations including phone calls, scheduling, customer service, and related business communications. Our services include but are not limited to AI voice agents, automated scheduling, call management, and analytics dashboards.

    3. Account Registration

    To use certain features of our services, you must register for an account. You agree to:

    • Provide accurate, current, and complete information during registration
    • Maintain and promptly update your account information
    • Keep your password secure and confidential
    • Accept responsibility for all activities under your account
    • Notify us immediately of any unauthorized use of your account

    4. Subscription and Payments

    Billing

    Paid services are billed in advance on a monthly or annual basis. You authorize us to charge your payment method for all fees incurred. All fees are non-refundable except as expressly stated in these terms.

    Free Trial

    We may offer a free trial period. At the end of the trial, your account will be automatically charged unless you cancel before the trial ends. You may cancel at any time during the trial period without charge.

    5. Acceptable Use

    You agree not to use our services to:

    • Violate any applicable laws or regulations
    • Infringe upon the rights of others
    • Send spam, unsolicited communications, or harassing messages
    • Impersonate any person or entity
    • Interfere with or disrupt our services or servers
    • Attempt to gain unauthorized access to our systems
    • Use our AI services for illegal, fraudulent, or deceptive purposes
    • Record or use calls in violation of applicable consent laws

    6. AI Services and Limitations

    Our AI-powered services are designed to assist with business communications but have inherent limitations:

    • AI responses may not always be accurate or appropriate for every situation
    • You are responsible for monitoring and reviewing AI interactions
    • AI services should not be used for emergency communications
    • You must disclose to callers that they may be interacting with an AI system where required by law

    7. Intellectual Property

    The Newtells platform, including all content, features, and functionality, is owned by Newtells and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our services without our express written permission. You retain ownership of any content you submit to our platform, but grant us a license to use it to provide our services.

    8. Data and Privacy

    Your use of our services is also governed by our Privacy Policy. You acknowledge that voice recordings, transcriptions, and other data generated through our services may be processed and stored to provide and improve our services. You are responsible for obtaining any necessary consents from third parties whose data you process through our platform.

    9. Third-Party Integrations

    Our services may integrate with third-party applications and services. Your use of such integrations is subject to the terms and policies of those third parties. We are not responsible for the availability, accuracy, or functionality of third-party services.

    10. Disclaimer of Warranties

    OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU USE OUR SERVICES AT YOUR OWN RISK.

    11. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEWTELLS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

    12. Indemnification

    You agree to indemnify, defend, and hold harmless Newtells and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of our services, your violation of these terms, or your violation of any rights of a third party.

    13. Termination

    We may terminate or suspend your account and access to our services at any time, with or without cause, with or without notice. Upon termination, your right to use our services will immediately cease. You may cancel your account at any time through your account settings or by contacting us.

    14. Changes to Terms

    We reserve the right to modify these terms at any time. We will notify you of material changes by posting the new terms on our platform and updating the "Last updated" date. Your continued use of our services after changes constitutes acceptance of the modified terms.

    15. Governing Law

    These terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising from these terms or your use of our services shall be resolved in the courts of Delaware.

    16. Contact Information

    If you have questions about these Terms of Service, please contact us at:

    Newtells

    Email: legal@newtells.com

    Phone: 1-(559) 847-3133

    🍪 Cookie Notice

    We use cookies to enhance your experience, analyze site traffic, and for marketing purposes. By clicking "Accept", you consent to our use of cookies. Read our Privacy Policy for more information.