Terms of Service

1. Introduction and Acceptance

Welcome to LampkinAI. These Terms of Service ("Terms") govern your access to and use of the LampkinAIplatform, including our AI-powered virtual receptionist services, website, mobile applications, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

IMPORTANT: Our Service uses artificial intelligence to handle phone calls on your behalf. By using our Service, you acknowledge and consent to AI-powered voice interactions with your callers.

2. Description of Service

LampkinAI provides an AI-powered virtual receptionist service that:

• Answers incoming phone calls on behalf of your business
• Uses artificial intelligence and natural language processing to understand and respond to callers
• Schedules appointments and manages your calendar
• Answers frequently asked questions about your business
• Transfers calls to designated numbers when appropriate
• Records and transcribes calls for quality assurance and record-keeping
• Provides analytics and insights about your call activity

The Service operates 24 hours a day, 7 days a week, subject to scheduled maintenance and system availability.

3. Account Registration and Security

To use our Service, you must:

• Create an account with accurate and complete information
• Be at least 18 years of age or the age of majority in your jurisdiction
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account

You are responsible for all activities that occur under your account. LampkinAI is not liable for any loss or damage arising from unauthorized use of your account.

4. AI Disclosure and Caller Notification

Mandatory AI Disclosure: Our AI receptionist will identify itself as an automated assistant at the beginning of each call. This disclosure is required by law in many jurisdictions and cannot be disabled.

You agree and acknowledge that:

• Callers will be informed they are speaking with an AI assistant
• Callers will be notified if the call is being recorded
• The AI may not perfectly understand all accents, dialects, or complex requests
• The AI operates based on the information and instructions you provide
• You are responsible for ensuring the accuracy of information the AI provides to callers

You must not attempt to disguise, hide, or misrepresent the AI nature of the Service to your callers.

5. Call Recording and Data Retention

Call Recording: By default, all calls handled by our Service are recorded and transcribed. These recordings are used for:

• Quality assurance and service improvement
• Providing you with call history and transcripts
• Training and improving our AI models (with data anonymization)
• Dispute resolution and compliance purposes

Retention Period: Call recordings and transcripts are retained for 90 days from the date of the call. After this period, recordings are automatically deleted unless you have exported or saved them. Metadata (call duration, timestamp, caller ID) may be retained longer for analytics purposes.

Your Responsibilities: You are responsible for complying with all applicable laws regarding call recording in your jurisdiction, including obtaining any necessary consents from callers beyond the automated disclosure provided by our Service.

6. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Engage in telemarketing, robocalling, or unsolicited outbound calls
• Harass, threaten, or defraud callers or third parties
• Collect sensitive personal information without proper consent and security measures
• Transmit malware, viruses, or other harmful code
• Interfere with or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or attempt to extract source code
• Resell or redistribute the Service without authorization
• Use the Service for any illegal, fraudulent, or deceptive purposes
• Impersonate any person or entity or misrepresent your affiliation

We reserve the right to suspend or terminate your account for violations of this policy.

7. TCPA and Telecommunications Compliance

The Telephone Consumer Protection Act (TCPA) and similar regulations govern automated telephone communications. You agree to:

• Use the Service only for receiving inbound calls or making outbound calls with proper consent
• Maintain records of consent for any outbound communications
• Honor Do Not Call requests and maintain appropriate suppression lists
• Comply with all applicable federal, state, and local telecommunications laws
• Not use the Service for automated outbound calling campaigns without explicit consent

Indemnification: You agree to indemnify and hold LampkinAI harmless from any claims, damages, or penalties arising from your violation of telecommunications laws.

8. Pricing, Billing, and Payment

Subscription Plans: The Service is offered on a monthly subscription basis. Current pricing is available on our website and may be updated from time to time.

Billing: Subscriptions are billed monthly in advance. Your subscription will automatically renew unless cancelled before the renewal date.

Usage Limits: Each plan includes a specified number of minutes or calls. Overage charges may apply if you exceed your plan limits.

Refunds: Subscription fees are non-refundable except as required by law. If you cancel mid-cycle, you will retain access until the end of your billing period.

Price Changes: We may change our prices with 30 days' notice. Continued use after a price change constitutes acceptance of the new pricing.

9. Intellectual Property

Our IP: The Service, including all software, AI models, algorithms, designs, and content, is owned by LampkinAI and protected by intellectual property laws.

Your Content: You retain ownership of the content you provide (business information, FAQs, etc.). You grant us a license to use this content to provide the Service.

Feedback: Any suggestions or feedback you provide may be used by us without obligation to you.

10. Disclaimers and Limitation of Liability

AS-IS BASIS: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AI LIMITATIONS: We do not guarantee that the AI will perfectly understand or respond to every caller. The AI may make mistakes, misunderstand requests, or provide incorrect information based on the data you have provided.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW,LampkinAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM YOUR USE OF THE SERVICE.

Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless LampkinAI, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or third-party rights; or (d) any content or information you provide to the Service.

12. Termination

By You: You may cancel your subscription at any time through your account settings or by contacting support.

By Us: We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or fail to pay fees when due.

Effect of Termination: Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days to allow for export, after which it will be deleted.

13. Dispute Resolution and Arbitration

Informal Resolution: Before filing any claim, you agree to contact us at legal@lampkinai.com to attempt to resolve the dispute informally.

Binding Arbitration: Any dispute not resolved informally shall be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitration shall be conducted in English and the decision shall be final and binding.

Class Action Waiver: You agree to resolve disputes on an individual basis and waive the right to participate in any class action or class-wide arbitration.

14. General Provisions

Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Modifications: We may modify these Terms at any time. Material changes will be communicated via email or through the Service. Continued use after changes constitutes acceptance.

Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and LampkinAI.

Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

15. Contact Information

For questions about these Terms, please contact us: