Terms Of Service Jan 9th 2025 Afterhour

Terms of Service (TOS) Agreement for Afterhour™ - A Big Voodoo Interactive, Inc family of AI products tailored for legal professionals.

This Terms of Service (“Agreement”) is between Big Voodoo Interactive, Inc., a Massachusetts corporation (“Provider”), and the entity or individual agreeing to these terms (“Client”). Client agrees to these terms by using Provider’s services.

1. Scope of Services

1.1 Standard Tier Services

Provider will deliver the following services under the Standard Tier:

Industry-Specific Call Center Intake AI Agent: An AI program trained for specific legal sector(s) as selected by Client.
Text Call Verification: Verification of incoming call details via SMS notifications.
Morning Email Summary Reports: Comprehensive reports summarizing after-hours activity.

1.2 Pro Tier Services (If Selected)

In addition to Standard Tier Services, Provider will deliver the following services under the Pro Tier:

Text Notifications with Nighttime Alert.
Post-Call follow-up AI Marketing Agent which automatically texts callers with firm information and details right after a call.
Basic CRM integration.

1.3 Enterprise Tier Services (If Selected)

In addition to Standard and Pro Tier Services, Provider will deliver the following services under the Enterprise Tier:

24/7 Dashboard with Transcriptions: A secure online dashboard that provides call transcriptions, case insights and analytics.
Multi-Language Support: AI responses in multiple languages tailored to client needs.
API Integration: Integration with most major CRM platforms.

1.4 Rules Applicable to all Tiers

The following is not permitted for any reason whatsoever:

Making any use of the Afterhour service that is not expressly permitted under this Agreement or applicable law or which otherwise infringes the data, privacy, or other rights of anyone.
Removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Afterhour service including to disguise or change any indications of the ownership or source of any Content.
Providing your password to anyone not directly associated with your business or using any other person’s username and password.
“Crawling” the Afterhour service or using any automated means (including bots, scrapers, and spiders) to collect information.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all uses of your username and password on the Afterhour service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

1.5 Service Limitations & Modification

Provider will make reasonable efforts to keep the Afterhour service operational. Technical difficulties or maintenance may, from time to time, result in temporary interruptions. Provider reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Afterhour service, with or without notice, all without liability to you, except where prohibited by law. You understand, agree, and accept that Provider is not obligated to upgrade or update the service or provide any specific content through the Afterhour service. This section will be enforced to the extent permissible by applicable law.

1.6 Customer Support

For customer support (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service contact form on the Contact Us section of our website. We will use reasonable efforts to respond to all Customer Support queries within a reasonable time frame. Still, we make no guarantee or warranty that any Customer Support Queries will be responded to within any particular time frame or that we can answer any such queries satisfactorily.

2. AI Terms

2.1 Nature of AI Services

Client acknowledges that Provider’s services use advanced artificial intelligence (“AI”) trained for industry-specific applications. While AI operates within established guidelines and guardrails, it will self-learn and generate responses autonomously. Client understands such autonomous responses may include unintended or inaccurate outputs that could be misaligned with Client’s intended business goals.

2.2 Accuracy Limitations

Client understands and agrees that the AI used:

Is designed to provide highly accurate responses but may generate incorrect, incomplete, or misleading information.
May independently discover and incorporate additional business information, the accuracy and relevance of which are not guaranteed.
Could produce outputs that contradict Client’s objectives or preferred practices despite the guardrails used in its development.

Provider assumes no liability for actions or decisions taken based on AI-generated responses. Client is responsible for independently verifying all AI outputs before using them.

3. Fees and Payment Terms

3.1 Fees

Client agrees to pay the following fees based on the selected tier:

Standard Tier: $[150] per [Month] plus $0.15 per minute phone charges.
Pro Tier: $[250] per [Month] plus $0.15 per minute phone charges.
Enterprise Tier: $[550] per [Month] plus $0.15 per minute phone charges.

3.2 Billing and Payment

Payments are due on the fifth day of each month.

Provider will invoice Client for the monthly charge in advance, together with the per-minute phone charges in arrears on the first day of the month.
Payments will be made via the credit card on file, and invoiced amounts will be posted to the card on file on the fifth day of each month.
- Dishonored charges will terminate the Afterhour service and suspend dashboard access. All information associated with accounts terminated for more than sixty (60) days will be deleted from the system and unrecoverable.
Reactivating a terminated account within sixty (60) days of termination will require payment of past due amounts and a reactivation fee of Fifty ($50.00) Dollars US.
You authorize Provider to charge your provided credit card for all charges on your account, and Provider will automatically charge your credit card for all such charges on the applicable billing due date. YOU ARE RESPONSIBLE TO UPDATE AND KEEP YOUR CREDIT CARD AND EMAIL INFORMATION CURRENT.

3.3 Taxes

Client is responsible for any applicable taxes and fees on the services.

3.3 Price Changes

The provider may change the price for its services and any fees from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. As permitted by Massachusetts law, you accept the new price by continuing to use the Afterhour service after the price change takes effect. If you disagree with the price changes, you have the right to reject the change by unsubscribing from the Afterhour service before the price change goes into effect. Client’s use of the Afterhour service after the price change goes into effect constitutes Client’s acceptance of the price change. Please make sure you carefully read any notification about price changes.

4. Confidentiality

4.1 Data Protection

Provider will implement reasonable measures to ensure the security of all data processed on behalf of Client.

4.2 Client Responsibility

Client is responsible for ensuring that the use, sharing and storage of all data obtained by Client through the AfterhHour service complies with all applicable data protection and privacy laws.

5. Limitation of Liability

5.1 No Warranty

YOU UNDERSTAND AND AGREE THAT THE AFTERHOUR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE AFTERHOUR SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER MAKES NO REPRESENTATION AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THE SHERLOQ® AFTERHOUR SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

5.2 Liability Cap

To the fullest extent permitted by law, in no event will Provider, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Afterhour service regardless of legal theory, without regard to whether Provider has been warned of the possibility of those damages, and even if a remedy fails its essential purpose. Provider’s total liability for damages arising from or related to the Afterhour service shall not exceed the total fees paid by Client in the six months preceding the event giving rise to the claim.

5.3 Indemnification

Client will indemnify and hold Provider harmless against any claims, damages, or liabilities arising from Client’s use or misuse of the Afterhour service.

6. Term and Termination

6.1 Term

This Agreement shall remain in effect until terminated by either party. Each party has the right to terminate this Agreement and the Afterhour service at the end of any billing period by providing notice to the other at the beginning of any billing period.

6.2 Termination for Cause

Provider retains the right to terminate this Agreement and Client’s access to the Afterhour service for any misuse or failure to comply with this Agreement upon notice.

6.3 Effect of Termination

Upon termination, Client’s access to the Afterhour service will be revoked, and all outstanding fees shall be immediately due and chargeable to the credit card on file.

7. Governing Law & Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.

The Parties agree to resolve all disputes, claims, or controversies arising out of or related to this Agreement exclusively through binding arbitration.

If a dispute arises from or relates to this contract, the breach thereof or Client’s use of the Afterhour service, the parties agree that it must be filed within one (1) year after the facts causing the claim have arisen and shall be settled by arbitration administered by the American Arbitration Association in accordance with the Expedited Procedures of its Commercial Arbitration Rules in all cases before a single arbitrator in Boston, Massachusetts and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be based on the submission of documents with no in-person or oral hearing. If the arbitrator determines a hearing should be held, it shall be held by electronic communication if at all possible. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and an award rendered within 120 days. The Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages and as limited by this Agreement, except as may be required by statute. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

9. Miscellaneous

9.1 Amendments

Provider may amend this Agreement by communicating said amendment to Client at Client’s email address on file with Provider. Client has the right to reject the change by unsubscribing from the Afterhour service before the amendment goes into effect. Client’s use of the Afterhour service after the amendment goes into effect constitutes Client’s acceptance of the amendment.

9.2 Entire Agreement

This Agreement contains the entire agreement between you and the Provider relating to the Afterhour service. Any other written or oral statements do not change this Agreement. Neither the course of conduct between you and Provider nor trade practices will act to modify any provision of this Agreement. Provider may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is found to be unenforceable or invalid, this Agreement’s unaffected provisions will remain in effect. If either you or Provider fails to enforce or waives any requirement under this Agreement, that does not waive that party’s right to enforce that later.

9.3 Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.