Terms of Service

1. Who we are and what these terms cover

These Terms of Service (“Terms”) are a contract between LiveDial LLC, a Wyoming limited liability company (“LiveDial”, “we”, “us”), and the business that subscribes to our services (“Client”, “you”).

LiveDial.ai is a managed telephone answering service. We build, operate and maintain an automated phone agent that answers calls placed to your business, qualifies callers, quotes work from your price list, books appointments into your calendar, and follows up on leads. The service is delivered as a managed operation: you do not receive a software login, and you are not required to configure anything.

These Terms apply to businesses only. The service is not offered to consumers, and by accepting these Terms you confirm you are acting for a business and have authority to bind it.

Where you have signed a Master Services Agreement with us, that agreement prevails over these Terms to the extent of any conflict.

2. The service

2.1 What is included

• Inbound call answering, qualification, quoting from your supplied price matrix, and booking.
• SMS confirmation and reminder messages where enabled.
• Escalation and warm transfer to a number you nominate.
• A weekly performance report covering calls handled, jobs booked, estimated booked revenue, escalations and flagged calls.
• A monthly written performance review of how your agent is handling calls.
• A read-only client dashboard showing your calls, minutes used against your plan allowance, and the agent configuration we hold for you.
• Speed-to-lead callbacks on all plans, subject to section 6.4.
• Further outbound calling — quote follow-up and reactivation campaigns — on Pro and Multi-Location plans, subject to section 6.4.

2.2 What is not included

• We do not guarantee any level of sales, bookings, revenue or close rate. What we handle is the call; what closes the job is your pricing, your reputation and your work.
• We do not provide direct access to the underlying systems, and the service is not self-service software. You are given a read-only client dashboard showing your calls, minutes used and current agent configuration; changes to that configuration are made by us on your request rather than by you.
• We are not an emergency service. The service must not be used as the sole means of contact for any situation involving risk to life, health or property.
• We do not provide business coaching, mentorship, strategy calls or training. The service is the phone line and the reporting described in section 2.1.
• We do not provide legal, tax, accounting or insurance advice, and nothing in our reports or recommendations is professional advice of that kind.

2.3 Changes to the service

We may change how the service is delivered, including the underlying technology, provided the change does not materially reduce the functionality described in section 2.1. Where a change does materially reduce that functionality we will give you 30 days’ written notice, and you may terminate without penalty within that period.

3. Plans, minutes and fees

3.1 Plans

3.2 How minutes are counted

A minute is a minute of connected call time handled by the agent, measured across all calls in the billing month and rounded to the nearest whole minute at the end of the billing period rather than per call. Included minutes reset at the start of each billing month and do not carry over. Only minutes above your included allowance are charged as overage.

3.3 Overage notification and billing

We will notify you when you reach approximately 80% of your included minutes for the month. Minutes used above the allowance are charged at the rate in section 3.1 and billed automatically to your payment method in arrears, on the same invoice as the following month’s subscription fee.

3.4 Payment

• The onboarding fee and the first month’s subscription are payable before onboarding begins.
• Subscription fees are billed monthly in advance. Overage is billed monthly in arrears.
• Payment is by card or bank debit through our payment processor. You authorise us to charge your payment method for all amounts due.
• Annual prepayment is available at a discount equivalent to two months free. Annual prepayments are non-refundable except as set out in section 5.2.
• Fees exclude sales, use and other transaction taxes. Where any tax is required to be collected on the service, it will be added to the invoice at the applicable rate.

3.5 Late payment and suspension

If a payment fails we will attempt to collect again and will contact you. If an invoice remains unpaid 10 days after the due date we may suspend the service after giving you written notice. Suspension does not reduce fees accrued. We will not delete your call data during a suspension of fewer than 30 days.

3.6 Price changes

We may change our fees on 30 days’ written notice. A price change does not apply to a period you have already prepaid. If you do not accept a price change you may terminate before it takes effect.

4. Founding client and referral offers

Where you have been accepted onto a founding client offer, the discount applies for the stated period from the start of your first paid month, after which the standard rate for your plan applies automatically. The founding client offer is conditional on your providing a testimonial, participating in a recorded case study, and acting as a reference for prospective clients. We will not publish your name, business or results without your prior written approval of the specific material.

Under the referral programme, a client you refer to us has their one-time onboarding fee waived in full at signup. You receive $100 of account credit once that client's first invoice has been paid. A referral must be a new business with separate ownership from yours; additional locations of your own business are not referrals.

Where you purchase through an eligible affiliate link, the setup discount shown at checkout applies instead of a full setup-fee waiver. Affiliate compensation does not increase your subscription or usage charges.

Account credit is applied automatically against your next invoice, and may be used towards subscription fees and overage. Credit has no cash value, cannot be withdrawn, exchanged, transferred to another account or refunded, and is forfeited on termination. Unused credit expires 12 months after it is issued. We may withhold or reverse credit where a referral is cancelled, refunded, or found to have been made in breach of these Terms.

5. Term, termination and the performance guarantee

5.1 Term

The service is month to month. Either party may terminate on 30 days’ written notice, effective at the end of the notice period. There is no minimum term and no early termination fee.

5.2 30-day performance guarantee

If, during your first month of live service, the agent does not handle calls in material accordance with the configuration you approved under your onboarding — the call flows, quoting rules, booking behavior and escalation rules demonstrated in the approved demo call — you may notify us in writing within 45 days of going live and we will refund that month’s subscription fee. The guarantee covers our handling of calls against the approved configuration. It does not guarantee any commercial outcome and does not cover the onboarding fee, which reflects work already performed. This refund is your sole remedy for service performance during that first month.

5.3 Termination for cause

Either party may terminate immediately on written notice if the other commits a material breach that is not remedied within 15 days of notice, or becomes insolvent. We may suspend or terminate immediately, without a cure period, if your use of the service is unlawful or creates a risk of liability for us or for our suppliers.

5.4 What happens on termination

• The agent stops answering calls at the end of the notice period. You are responsible for removing call forwarding from your business number before that time.
• Telephone numbers provisioned by us remain ours. Where a number has been advertised by you, we will discuss porting in good faith; porting is subject to carrier processes and timelines.
• On written request made within 30 days of termination we will provide a copy of your call transcripts, call metadata and captured contact records in a standard machine-readable format.
• We will delete your data in accordance with our Privacy Policy and the retention periods in our Call Recording & Consent Policy.

6. Your obligations

• Provide accurate and current information about your services, pricing, vehicle size tiers, surcharges, service area, availability and escalation preferences, and tell us promptly when any of it changes. We quote from what you give us; we are not responsible for a quote that is wrong because the underlying information was wrong.
• Honour quotes given by the agent in accordance with your supplied price matrix. If you decline to honour a correctly generated quote, that is a matter between you and your customer.
• Comply with all laws applying to your business, including consumer protection and advertising rules.
• Where outbound calling or messaging is offered on your plan, it will be enabled only after you have provided, and we have reviewed, documentary evidence that every contact you supply has given the consent required by law — including the Telephone Consumer Protection Act, under which calls placed with an artificial or AI-generated voice require the called party’s prior express consent, and prior express written consent for marketing calls. You warrant that this consent remains in place for every contact you supply, and you must not supply purchased, scraped or rented lists. We may suspend outbound features immediately if we have reason to believe consent is missing.
• Display a call recording notice on your website and on any web form that collects a telephone number, with a link to our Privacy Policy.
• Tell us every state in which you operate or actively solicit customers, and tell us when that changes. This information is used for outbound calling and messaging compliance; the recording announcement itself does not vary by state.
• Not resell, sublicense or white-label the service without our written agreement.

7. Call recording

Calls handled by the agent are recorded and transcribed. Recording is used to quote accurately, to produce your call summaries and reports, to review and improve call quality, and to resolve disputes.

Every call is announced at its start: the agent states that the call is recorded. This applies to every account, without exception and without variation by state, and it is not configurable — you cannot suppress or condition the announcement, and we will not agree to do so on request. If a caller asks whether they are speaking with a human, the agent answers truthfully. How consent is handled, how long recordings are kept and how a caller who objects is dealt with are set out in our Call Recording & Consent Policy, which forms part of these Terms and which you acknowledge you have read.

8. Intellectual property and data

8.1 Ours

We own the agent templates, prompts, detailing knowledge base, playbooks, scripts, reports, processes and all other materials we create, including any configuration built for your account. Nothing in these Terms transfers ownership of any of it to you. You receive a non-exclusive right to the benefit of the service during the term.

8.2 Yours

You retain ownership of your business information, your price list, your customer records and the content of calls placed to your business. You grant us the rights needed to operate the service, produce your reports, and meet our legal obligations.

8.3 Improving the service

We may use call data to improve our agents, test suites and knowledge base. Where call data is used beyond your account, we use transcripts from which names, telephone numbers, addresses and other direct identifiers have been removed; we do not use call audio for cross-account improvement. We will not disclose your business, your customers or your pricing to any other client, and we will not use your data to build a service for a competing detailing business in your stated service area during the term and for 12 months afterwards.

9. Liability and indemnities

9.1 Disclaimers

The service is provided without warranties other than those expressly stated, and all implied warranties, including merchantability and fitness for a particular purpose, are disclaimed to the maximum extent permitted by law. We do not warrant that the service will be uninterrupted or error-free, that the agent will handle every call correctly, or that it will produce any particular commercial result. Automated voice systems make mistakes; that is the nature of the technology and is reflected in the price.

9.2 Cap on liability

Except for the excluded matters below, each party’s total liability arising out of or in connection with these Terms is limited to the total fees you paid to us in the 12 months before the event giving rise to the claim. Neither party is liable for indirect or consequential loss, or for loss of profit, revenue, business, goodwill or anticipated savings, however arising.

The cap does not apply to: your obligation to pay fees; either party’s liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or your indemnity under section 9.3.

9.3 Your indemnity

You will indemnify us against any claim, loss, damage, fine or cost (including reasonable legal fees) arising out of: the information you supplied to us being inaccurate; your failure to obtain or maintain the consents required for outbound calling or messaging; your instruction to suppress or vary the call recording disclosure; or your breach of section 6.

9.4 Our indemnity

We will indemnify you against any third-party claim that the service as provided by us infringes that third party’s intellectual property rights.

9.5 Insurance

We maintain errors and omissions and general liability insurance at commercially reasonable levels, and will provide evidence of cover on request.

10. Confidentiality

Each party will keep the other’s confidential information confidential, use it only to perform or receive the service, and protect it with at least reasonable care. This does not apply to information that is public through no breach, was already known, is independently developed, or must be disclosed by law.

11. General

11.1 Governing law

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of laws rules.

11.2 Dispute resolution and class action waiver

The parties will first try to resolve any dispute informally: either party may give written notice of a dispute, and the parties will confer in good faith within 15 days.

Any dispute not resolved informally will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator, in English, and may be conducted by videoconference; any in-person proceedings will take place in Sheridan County, Wyoming, unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

All disputes must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective or representative proceeding. The arbitrator may not consolidate more than one party’s claims. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court.

Either party may bring an individual claim in small claims court instead of arbitration, and either party may seek injunctive relief in court to protect its intellectual property or confidential information.

11.3 Changes to these Terms

We may update these Terms. We will give at least 30 days’ notice of any material change by email to your account contact. Continuing to use the service after the change takes effect means you accept it. If you do not accept it, you may terminate before it takes effect.

11.4 Other

• Neither party may assign these Terms without the other’s consent, except to a successor of its business.
• If any provision is unenforceable, the rest continues in force.
• A failure to enforce a right is not a waiver of it.
• Nothing in these Terms creates a partnership, joint venture or employment relationship.
• Where these Terms conflict with a signed Master Services Agreement between us, the Master Services Agreement prevails.

11.5 Notices and contact

Notices to us should be sent by email to legal@livedial.ai, and are effective on receipt. Our postal address is LiveDial LLC, 30 N Gould St #55371, Sheridan, WY 82801, USA; postal notices are effective on delivery. Notices to you will be sent to the email address given at onboarding.