Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a binding agreement between you and ProFront ("ProFront," "we," "us"). "ProFront" means the business operating the Service as identified in Section 25 (Contact), together with its successors and permitted assigns. By creating an account, clicking to accept, or using the Service, you accept these Terms on behalf of the business you represent, and you confirm you have authority to bind that business.

The Service is offered to businesses located in the United States. We may decline or close accounts outside our supported territory.

2. Description of the Service

ProFront is an AI-powered front office for businesses. Depending on your plan and configuration, the Service includes:

• AI receptionist ("Customer Assistant") that answers and conducts conversations with your customers by phone, SMS, and web chat, and can take messages, answer questions from your business knowledge, book appointments, and place or send outbound calls and messages you have configured or requested.
• Business assistant available to you and your team for managing your business through the Service, including drafting and, on your approval, sending communications.
• Dashboard for configuration, conversation review, contacts, appointments, analytics, and billing.
• Conversation records and quality systems. The Service captures records of conversations and related activity across all channels and runs automated review systems over them, as described in Section 8.
• Telephony and messaging provisioned through our carriers and service providers.

We improve the Service continuously and may add, change, or remove features. Where a change materially reduces core functionality you pay for, we will provide notice. Features identified as beta, preview, or "coming soon" are provided as-is, may change or be withdrawn at any time, and are excluded from any availability commitments.

3. Business Use Only

The Service is a business tool, offered and licensed for business use only. You represent that you are entering these Terms for business purposes and not as a consumer. Protections and rights afforded exclusively to consumers under applicable law do not apply to your use of the Service. Your customers and callers are not parties to these Terms; your relationship with them is yours. You represent that neither you nor your business is subject to US sanctions or located in an embargoed jurisdiction, and you will not use the Service in violation of US export control laws.

4. Account Registration and Responsibilities

You must provide accurate registration information and keep it current. You are responsible for all activity under your account, for safeguarding credentials, and for the actions of team members you invite. Notify us promptly of any unauthorized use. We may suspend accounts that present a security, legal, or platform-integrity risk; where practicable we will notify you and work to restore access promptly. We are not liable for losses resulting from a suspension applied in good faith under these Terms.

5. Acceptable Use

You agree not to, and not to permit anyone using your account or interacting with your configured assistants to:

1. Use the Service for any unlawful purpose or in violation of any applicable law, including telemarketing, robocall, recording, privacy, and consumer-protection laws;
2. Instruct or configure the Service to contact people who have not consented to be contacted, to ignore opt-out requests, or to send marketing or promotional content through channels registered for transactional use;
3. Attempt to manipulate, jailbreak, or inject instructions into any AI system in the Service (yours or another customer's), including through prompts, uploaded knowledge, field values, or third-party content designed to alter system behavior, exfiltrate data, or bypass safety controls;
4. Use the Service to collect, store, or transmit protected health information subject to HIPAA, or use it in any context requiring a Business Associate Agreement, which we do not offer;
5. Misrepresent the identity of the assistant as human where disclosure is required, or remove or defeat AI-identity or recording disclosures the platform provides;
6. Resell, sublicense, or white-label the Service without a written agreement with us;
7. Probe, scan, overload, or test the vulnerability of the Service except through a disclosure program we publish;
8. Upload malicious code or content that infringes third-party rights;
9. Use the Service to harass, threaten, defame, or defraud any person, or to engage in debt collection activity;
10. Use another customer's data, or attempt to access it, in any way.

We may suspend or terminate accounts for material or repeated violations. Where the violation creates legal exposure or harm to third parties, suspension may be immediate.

6. AI Services: Limitations and Your Oversight

1. AI output can be wrong. The Service uses artificial intelligence. AI-generated responses, summaries, bookings, and actions may be inaccurate, incomplete, or inappropriate despite our safeguards. You are responsible for reviewing AI-generated output that matters to your business and for the instructions and knowledge you provide to your assistants.
2. Not professional advice. The Service does not provide legal, medical, financial, or other professional advice, and you must not configure it to do so.
3. Not for emergencies. The Service is not an emergency service, is not a substitute for 911, and must not be relied on to receive, triage, or respond to emergency communications. You will not hold the Service out to your customers as a channel for emergencies.
4. Human path. The Service provides mechanisms for callers to reach a human (transfer, message-taking, callback). Keeping a working human path configured is your responsibility.
5. Protective actions. To protect you, your customers, and the platform, the Service includes automated monitoring that may take bounded protective actions, such as reverting a recent configuration change, pausing a capability, or holding an outbound message for review, when it detects likely harm, abuse, or malfunction. We will surface any such action to you in the dashboard. These mechanisms are platform-managed and deterministic in their triggers; they do not expand your obligations or our rights over your data beyond this agreement.

7. Communications Compliance (Your Duties)

The Service places calls and sends messages on your behalf and at your instruction. As between you and ProFront:

1. Consent. You are responsible for having the legally required consent for every outbound call or message the Service makes for you, including consent for automated or prerecorded contact where required. The platform's defaults are designed for transactional contact with your own customers; you must not use it beyond the consent you actually hold.
2. Recording. Call recording is optional. When you enable it, the platform plays a recording disclosure; you are responsible for confirming that recording with disclosure is lawful for your business and jurisdictions, and you must not disable or defeat disclosures.
3. Opt-outs. The platform honors standard opt-out keywords and maintains suppression lists. You must not attempt to contact suppressed recipients through the Service or instruct the assistant to do so.
4. Quiet hours and frequency. The platform enforces contact-time and frequency limits on automated outreach. These are floors, not advice; stricter rules may apply to you.
5. Registration. SMS traffic is subject to carrier registration requirements. We may withhold or suspend messaging capability on numbers or campaigns that are not properly registered, without liability.
6. Provider requirements. Telephony, messaging, and AI capabilities are delivered through carriers and service providers whose acceptable-use and messaging policies apply to traffic and content sent on your behalf. Those requirements pass through to your use of the Service, and we may suspend or limit the affected capability where your use jeopardizes our provider relationships or their compliance rules, with notice where practicable.

You are the party facing your customers; Section 17 (Indemnification) applies to claims arising from contact made at your instruction or with consent you failed to obtain.

8. Conversation Records and Automated Review

1. What we capture. The Service keeps records of conversations and related activity across voice, SMS, and chat, including transcripts, optional recordings, tool and system actions taken during a conversation, and snapshots of relevant configuration, so that the Service can function, you can review your business activity, and we can operate the systems below.
2. Automated review. We run automated review systems over conversation records, including deterministic safety checks on every conversation and AI-assisted review of flagged or sampled conversations, to detect safety issues, abuse, malfunctions, quality drift, and compliance risks, and to support the protective actions in Section 6(5).
3. Replay for quality. We may re-run recorded conversations against updated configurations or software in a sandboxed environment that does not contact any real person, to validate fixes and improvements.
4. Retention. Conversation records are retained per the schedule in our Privacy Policy and deleted on account deletion per Section 18.
5. Details of data handling, including our role as processor for your customers' data, are in the Privacy Policy and the Data Processing Addendum, which are part of these Terms.

9. Customer Data, Privacy, and Security

You own your data. You are the controller of your customers' personal information; ProFront processes it on your behalf to provide the Service, per the Privacy Policy and the Data Processing Addendum ("DPA"). The DPA is incorporated into these Terms for all customers. We maintain administrative, technical, and organizational safeguards appropriate to the data we process and restrict access to customer data to what operating the Service requires.

10. Platform Improvement and Aggregate Data

We use data about how the Service performs, including de-identified and aggregated patterns derived from conversations across customers, to improve safety, quality, and features. Aggregated or de-identified data used this way does not identify you or your customers, and no customer-identifying information is shared with other customers through this process. All right, title, and interest in de-identified and aggregated data derived from the Service belong solely to ProFront. We do not sell personal information, and we do not use your customers' personal information to train third-party foundation models.

11. Fees, Billing, and Refunds

1. Plans and usage. Fees consist of subscription charges and any usage-based charges (such as call minutes or messages beyond plan allowances) at the rates shown at purchase or in the dashboard. Usage charges reflect real underlying costs and are billed as incurred or in arrears.
2. Billing. Subscriptions bill in advance on a recurring basis until cancelled. You authorize our payment processor to charge your payment method.
3. Cancellation. You may cancel at any time in the dashboard. Cancellation stops future renewals; your Service continues through the end of the paid period.
4. No refunds. Except as stated in this section or required by law, all fees are non-refundable and non-creditable: no refunds or proration for partial periods, unused capacity, or consumed usage. We provision real telephony and compute resources when your period starts. If your account is suspended or terminated for material breach of these Terms (including Section 5 or Section 7), you remain responsible for all fees for the current billing period, and no refund or credit is due for any unused portion.
5. Exceptions. We will correct billing errors (including duplicate charges) promptly. If the Service materially failed for a sustained portion of a billing period due to a fault on our side, we may issue a service credit toward future periods; credits are the exclusive remedy for availability issues and have no cash value.
6. Price changes. We may change prices with at least 30 days' notice; changes apply from your next renewal. If you do not accept a change, cancel before it takes effect.
7. Taxes. Fees exclude taxes; you are responsible for applicable taxes other than our income taxes.
8. Nonpayment. We may suspend the Service for amounts past due after notice. Past-due amounts may accrue interest at the lesser of 1.5% per month and the maximum permitted by law, plus reasonable collection costs.

12. Hibernation Mode

Hibernation reduces cost while preserving your configuration and data, per the feature description at purchase. Hibernated accounts remain subject to these Terms, including storage and data provisions.

13. Intellectual Property

ProFront retains all right, title, and interest in the Service, including software, models' orchestration, prompts and system design, and all improvements. You retain ownership of the content and data you upload. You grant us the license to host, process, transmit, and display your content as needed to provide the Service and as described in Section 10. AI-generated outputs produced for you by the Service are provided to you for your business use; to the extent we hold rights in such outputs, we assign them to you on payment of applicable fees, except for platform-level learnings under Section 10. You grant us a perpetual, irrevocable, royalty-free right to use feedback and suggestions you provide, without obligation or attribution. We may identify you as a customer and use your business name and logo in customer lists and marketing materials indicating customer status, with goodwill accruing to you; you may opt out at any time by contacting us.

14. Confidentiality

Each party may receive non-public information of the other. The receiving party will use it only to perform under these Terms and protect it with reasonable care. This obligation survives termination for three years; trade secrets are protected for as long as they remain trade secrets.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF AI OUTPUT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. NO ADVICE OR INFORMATION OBTAINED FROM US OR THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
2. PROFRONT'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (a) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE ONE (1) MONTH BEFORE THE EVENT GIVING RISE TO LIABILITY AND (b) ONE HUNDRED DOLLARS ($100).
3. IF THE LIMITATION IN SUBSECTION (2) IS HELD UNENFORCEABLE IN WHOLE OR IN PART, PROFRONT'S TOTAL LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND THE REMAINDER OF THIS SECTION CONTINUES TO APPLY.
4. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, YOUR INDEMNIFICATION OBLIGATIONS, YOUR BREACH OF SECTION 5, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.

The Service's pricing reflects this allocation of risk, and each provision of this Section applies independently and survives even if a limited remedy fails of its essential purpose.

17. Indemnification

You will defend and indemnify ProFront against third-party claims, damages, fines, and reasonable costs arising from: (a) your content, knowledge, or instructions to the Service; (b) communications made at your instruction or on your configuration, including claims that you lacked required consent to call, text, or record; (c) your violation of law or of Section 5 or Section 7; or (d) your products, services, or dealings with your customers. We will notify you promptly of a claim and reasonably cooperate at your expense; you may not settle a claim imposing obligations on us without our consent.

18. Term, Termination, and Data Deletion

1. These Terms apply while you have an account. You may close your account at any time; Section 11 governs the effect on fees.
2. We may terminate for material breach uncured after notice, for the risks listed in Section 4/5, or on discontinuation of the Service with reasonable notice. Termination for your breach does not entitle you to any refund or credit (Section 11(4)).
3. Deletion. Upon account deletion (and after any stated grace period), we permanently delete your data from our systems within 30 days, including account and business profile data, contacts, conversation records across all channels (transcripts, recordings, conversation-activity records and snapshots), knowledge base content, appointments, and configuration. Excluded: billing and consent records we must keep for legal, tax, and audit purposes; de-identified or aggregated data under Section 10, which no longer identifies you; residual copies in backups, which age out on the backup cycle and are protected until then; and copies held by our service providers, which are deleted per their retention policies and the safeguards in the DPA.
4. Sections that by nature survive termination (including 10, 11 amounts owed, 13-17, 18(3), 20-24) survive.

19. Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including carrier or upstream provider outages, epidemics, and pandemics, provided the affected party uses reasonable efforts to mitigate.

20. Dispute Resolution; Class Action Waiver

1. Informal first. Before filing a claim, each party will give notice and 30 days to resolve the dispute informally.
2. Arbitration. Any dispute not resolved informally will be finally settled by binding arbitration administered by JAMS under its streamlined rules, seated in California, conducted in English, by one arbitrator. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this agreement to arbitrate, except that a court decides the enforceability of the class waiver in subsection (4). Arbitration fees are allocated per the administrator's rules; each party bears its own attorneys' fees unless applicable law provides otherwise. Judgment may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive relief in court for IP infringement, misuse of confidential information, or unauthorized access to the Service, without any requirement to post a bond or other security.
3. Mass filings. If 25 or more similar arbitration demands are filed against ProFront by or with the assistance of coordinated counsel or organizations, the parties agree the demands will be batched and resolved in staged proceedings under the administrator's mass-filing procedures, with filing fees due only as each batch commences.
4. Class action waiver. Disputes will be resolved only on an individual basis; neither party may participate in a class, consolidated, or representative action, and the arbitrator may not consolidate proceedings or preside over any representative proceeding. If this waiver is held unenforceable as to a particular claim, that claim (and only that claim) must proceed in court under Section 21, not in arbitration — the unenforceability of this waiver never authorizes a class, consolidated, or representative arbitration.
5. Jury waiver. For any dispute that proceeds in court, both parties waive trial by jury to the fullest extent permitted by law.
6. Opt-out. You may opt out of this agreement to arbitrate within 30 days of first accepting these Terms by emailing us (Section 25) from your account email with a clear statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms, including the class-action and jury waivers to the extent independently enforceable.
7. Claims must be brought within one year of accrual, where permitted by law.

21. Governing Law

These Terms are governed by the laws of the State of California, excluding its conflict-of-laws rules. Subject to Section 20, courts located in California have exclusive jurisdiction. The Service is deemed based solely in California, and your use of it does not give rise to personal jurisdiction over ProFront in other jurisdictions.

22. Assignment

You may not assign these Terms without our written consent, except to a successor of your business that assumes them. We may assign these Terms, in whole or part, to an affiliate or to a successor in connection with a reorganization, incorporation, merger, acquisition, or sale of assets, without your consent; we will provide notice, and these Terms continue to bind the assignee. In connection with such a transaction, customer data may be transferred to the successor as part of the business, as described in the Privacy Policy, with the successor bound by these Terms and the DPA. This Section is what carries your agreement across ProFront's own entity changes and any future sale of the business.

23. Changes to These Terms

We may update these Terms from time to time. Non-material changes (clarifications, formatting, contact details, changes that do not reduce your rights) take effect when posted. For material changes we will give at least 14 days' notice (dashboard and/or email) before the new version takes effect; continued use after the effective date is acceptance, and we may additionally require you to affirmatively re-accept in the dashboard. Use of the Service includes the Service's continued operation on your behalf (for example, your assistant answering calls and messages), whether or not you sign in. If you do not agree to a change, your remedy is to cancel before it takes effect. Each version carries its effective date, and the current version is always available on the Service.

24. General

These Terms, with the Privacy Policy, DPA, and any order or plan terms, are the entire agreement and supersede prior discussions; if you have a separately signed agreement with us (such as a Master Service Agreement), it controls over these Terms to the extent of any conflict. In accepting these Terms you have not relied on any statement, promise, or representation not set out in them. If a provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the rest remains in effect. No waiver is implied from any failure to enforce. The parties are independent contractors. These Terms create no third-party beneficiaries: your customers, callers, and message recipients have no rights under these Terms. You agree to contract electronically; your electronic acceptance and our electronic records are valid and admissible to the same extent as a signed writing. Section headings and numbering are for convenience only and do not affect interpretation. Notices to you may be given via the Service or your account email; notices to us go to the contact in Section 25.

25. Contact

ProFront — legal notices: legal@profront.ai