Effective Date: March 7, 2026 · Last Updated: March 7, 2026
Welcome to I'm OnCall ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our AI-powered phone receptionist service, website at imoncall.ai, and all related applications, tools, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
Please read these Terms carefully before using the Service. These Terms constitute a legally binding agreement between you and I'm OnCall.
By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.
You represent and warrant that:
If you do not meet all of these requirements, you must not access or use the Service.
I'm OnCall provides an AI-powered phone receptionist service designed for contractors, home service businesses, and related trades. The Service answers inbound telephone calls on behalf of your business using artificial intelligence and natural language processing technology.
The Service includes, but is not limited to, the following features:
The Service is NOT a replacement for emergency services. I'm OnCall does not provide 911 or emergency dispatch capabilities. Callers experiencing emergencies should be directed to call 911 or the appropriate emergency services number. We are not liable for any failure to connect callers to emergency services. You are responsible for ensuring that your AI receptionist's script includes appropriate guidance for callers with emergencies.
We target a service availability of 99.9% uptime, measured on a monthly basis, excluding scheduled maintenance windows. Scheduled maintenance will be communicated to you with at least 48 hours' advance notice whenever practicable. We do not guarantee uninterrupted, error-free, or completely secure service, and we shall not be liable for any downtime, interruptions, or performance issues beyond our reasonable control.
To use the Service, you must create an account by providing accurate, current, and complete information as requested during the registration process. You agree to update your account information promptly to keep it accurate, current, and complete at all times.
You are solely responsible for maintaining the confidentiality of your account credentials, including your username, password, and any API keys or access tokens associated with your account. You agree to:
Each business entity is permitted one active account. If you operate multiple business entities, each entity requires its own separate account and subscription. We reserve the right to merge, suspend, or terminate duplicate accounts at our discretion.
The Service is intended solely for legitimate business purposes related to managing inbound phone calls for your contractor, home service, or trade business. You agree to use the Service in compliance with all applicable laws and regulations and in accordance with these Terms.
You agree that you will NOT use the Service to:
You are solely responsible for ensuring that your use of the Service complies with all industry-specific regulations applicable to your business, including but not limited to licensing requirements, consumer protection laws, advertising regulations, and any requirements related to AI-generated communications or automated call handling in your jurisdiction. We make no representation that the Service satisfies any specific regulatory requirements beyond general applicability.
The Service is offered on a monthly subscription basis. Your subscription begins on the date you select a paid plan and provide valid payment information (or upon conversion from a free trial). Billing occurs on the same date each month (your "Billing Date"). If your Billing Date falls on a day not contained in a given month (e.g., the 31st), you will be billed on the last day of that month.
Current pricing is published on our Pricing page. Prices are quoted in U.S. dollars and do not include applicable taxes, which will be added where required by law. We reserve the right to change our pricing at any time, provided that we give you at least thirty (30) days' advance written notice via email before any price increase takes effect. Your continued use of the Service after a price change constitutes your acceptance of the new pricing.
We accept payment via major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and ACH bank transfer. You authorize us to charge your designated payment method for all fees due under your subscription. You are responsible for ensuring that your payment information remains accurate and current.
If payment is not received by your Billing Date, we will attempt to process payment again and notify you of the failure. If payment remains overdue for fifteen (15) calendar days, we reserve the right to suspend your account and cease answering calls on your behalf until the outstanding balance is resolved. Suspension of service due to non-payment does not relieve you of your obligation to pay all fees owed.
Subscription fees are non-refundable for partial months of service, except during the free trial period as described in Section 6. If you cancel your subscription, you will retain access to the Service through the end of your current billing period, but no pro-rated refund will be issued for the remaining days. We may, at our sole discretion, issue refunds or credits in cases of documented service failures or billing errors.
If your usage exceeds the minutes included in your subscription plan, we will notify you before any overage charges apply. Additional minutes will be billed at the per-minute rate published on our Pricing page. We will never apply surprise overage charges without prior notification.
We offer a fourteen (14) day free trial for new accounts. The trial period begins on the date your account is activated and your AI receptionist is configured to receive calls.
You are not required to provide credit card or payment information to start a free trial. You may use the full features of the Service during the trial period without charge.
During the trial period, you will have access to all features available on the plan tier you select, including call answering, lead notifications, transcripts, and any applicable integrations. Usage during the trial may be subject to reasonable limits to prevent abuse.
At the end of the trial period, your account will NOT automatically convert to a paid subscription. Conversion to a paid plan requires your explicit consent and the provision of valid payment information. If you do not convert to a paid plan within seven (7) days after the trial period ends, your account will be deactivated and call answering will cease. Your data will be retained for thirty (30) days following deactivation, after which it may be permanently deleted.
The free trial is limited to one (1) trial per business entity. We reserve the right to refuse trial access to any applicant, terminate a trial early for abuse, or modify the terms of the trial at any time.
The Service uses artificial intelligence, including natural language processing, speech recognition, and voice synthesis technology, to handle telephone calls on your behalf. By using the Service, you acknowledge and accept that the AI technology powering the Service, while advanced, is not infallible.
You acknowledge and agree that:
We are not liable for any missed information, miscommunication, misunderstanding, or errors arising from the AI's handling of calls. This includes, but is not limited to, incorrectly captured phone numbers, misspelled names, inaccurate addresses, misunderstood project descriptions, or any other data inaccuracies.
We are committed to continuously improving the accuracy, reliability, and capabilities of our AI technology. However, we do not guarantee perfection and cannot warrant that the AI will perform flawlessly in all circumstances or with all callers.
You are responsible for reviewing all lead notifications, call transcripts, and caller information for accuracy before taking action. You should not rely solely on AI-generated data for critical business decisions without independent verification. We strongly recommend that you follow up directly with callers to confirm key details.
You retain all ownership rights to your business data, including your business name, contact information, service descriptions, pricing information, scripts, and any other business-specific content you provide to us for use in configuring the Service ("Client Data"). Upon termination of your account, you may request an export of your Client Data as described in Section 12.
We retain all ownership rights to the Service itself, including but not limited to all AI models, machine learning algorithms, voice synthesis models, natural language processing systems, software code, user interface designs, trade secrets, trademarks, and all other intellectual property and proprietary technology used to deliver the Service (collectively, "Company IP"). Nothing in these Terms grants you any right, title, or interest in or to the Company IP except for the limited right to use the Service as permitted under these Terms.
Data collected from callers during calls handled by the Service ("Caller Data"), including names, phone numbers, addresses, project details, and call recordings or transcripts, is jointly managed by you and us. You have the right to access, use, and export Caller Data for your legitimate business purposes. We have the right to process Caller Data as necessary to deliver, maintain, and improve the Service, subject to our Privacy Policy. Caller Data is handled in compliance with all applicable privacy laws.
By using the Service, you grant us a limited, non-exclusive, royalty-free, worldwide license to use, process, store, and transmit your Client Data and Caller Data solely for the purposes of providing, maintaining, improving, and supporting the Service. This license terminates upon deletion of your data following account termination.
We may create aggregated, anonymized, or de-identified data derived from your use of the Service ("Aggregated Data"). Aggregated Data does not identify you or any individual caller and may be used by us for any lawful purpose, including analytics, benchmarking, research, product development, and marketing, without restriction or obligation to you.
We treat all Client Data, account information, business configurations, and custom scripts as confidential information. We will not disclose your confidential information to any third party except as necessary to provide the Service, as required by law, or with your prior written consent.
Caller information collected through the Service is shared only with:
We will not share, sell, rent, or disclose your Client Data, Caller Data, business configurations, call scripts, or any other confidential information to your competitors or to any third party for competitive purposes. This obligation survives the termination of these Terms.
We employ industry-standard technical and organizational security measures to protect your data, including encryption in transit and at rest, access controls, and regular security assessments. While we take reasonable precautions to safeguard your data, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY:
These exclusions apply regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if we have been advised of the possibility of such damages.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You acknowledge that the limitations of liability and disclaimers set forth in this Section 10 are an essential basis of the bargain between you and us, and that we would not provide the Service to you without these limitations.
You agree to indemnify, defend, and hold harmless I'm OnCall, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
We agree to indemnify, defend, and hold harmless you and your officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) to the extent arising directly from our gross negligence or willful misconduct in providing the Service. This indemnification obligation shall not apply to claims arising from your instructions, content, configurations, or use of the Service in a manner inconsistent with these Terms.
The indemnified party must: (a) promptly notify the indemnifying party in writing of any claim; (b) grant the indemnifying party sole control of the defense and settlement of the claim; and (c) provide reasonable cooperation at the indemnifying party's expense. The indemnifying party shall not settle any claim in a manner that imposes obligations on the indemnified party without the indemnified party's prior written consent.
You may terminate your subscription at any time by providing thirty (30) days' written notice to us via email at legal@imoncall.ai or through your account settings. Upon termination, you will retain access to the Service through the end of your current billing period. No early termination fees apply.
We may terminate or suspend your account under the following circumstances:
Upon termination of your account, regardless of the reason:
We do not charge early termination fees under any circumstances. You are free to cancel your subscription at any time without penalty.
The following sections shall survive termination of these Terms: Section 7 (AI Disclaimer), Section 8 (Data Ownership), Section 9 (Confidentiality), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 14 (Governing Law), Section 15 (Dispute Resolution), and Section 16 (Miscellaneous).
We reserve the right to update, modify, or replace these Terms at any time. When we make material changes, we will provide you with at least thirty (30) days' advance notice by sending a notification to the email address associated with your account and by posting the updated Terms on our website with a revised "Last Updated" date.
Your continued use of the Service after the effective date of any modified Terms constitutes your acceptance of those changes. If you do not agree with the modified Terms, you must discontinue your use of the Service and terminate your account before the changes take effect.
For non-material changes (such as typographical corrections, formatting updates, or clarifications that do not alter the substance of these Terms), we may update the Terms without advance notice. The "Last Updated" date at the top of this page will always reflect the most recent revision.
These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of South Carolina, United States of America, without regard to its conflict of law principles.
Subject to the arbitration provisions in Section 15, any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in York County, South Carolina, and you irrevocably consent to the personal jurisdiction and venue of such courts.
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute"), you and we agree to first attempt to resolve the Dispute through good faith negotiation. The party raising the Dispute shall provide written notice to the other party describing the nature of the Dispute and the desired resolution. The parties shall use reasonable efforts to resolve the Dispute within thirty (30) days of receipt of such notice.
If the Dispute is not resolved through good faith negotiation within thirty (30) days, the Dispute shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or, if the parties cannot agree, appointed by the AAA. The arbitration shall take place in York County, South Carolina, or, at the election of either party, may be conducted via video conference. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.
YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST US. If for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of the applicable small claims court, provided the action remains in that court and is not removed or appealed to a court of general jurisdiction.
Nothing in this Section 15 shall prevent either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or other proprietary rights.
These Terms, together with the Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
Our failure or delay in exercising any right, power, or remedy under these Terms shall not operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. A waiver of any provision of these Terms shall be effective only if made in writing and signed by our authorized representative.
You may not assign, transfer, or delegate your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any attempted assignment without such consent shall be void. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
Neither party shall be liable for any delay or failure to perform its obligations under these Terms (except for payment obligations) to the extent such delay or failure results from causes beyond that party's reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, power outages, internet or telecommunications failures, cyberattacks, labor disputes, or government actions. The affected party shall provide prompt notice of the force majeure event and use reasonable efforts to mitigate its effects.
Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and us. Neither party has the authority to bind the other or to incur any obligation on behalf of the other.
All notices required or permitted under these Terms shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by confirmed email; or (c) sent by nationally recognized overnight courier, addressed to the party at the email or mailing address associated with their account (for you) or to the address below (for us). Either party may change its notice address by providing written notice to the other party.
These Terms do not confer any third-party beneficiary rights. No person or entity other than you and us has any rights under these Terms.
The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:
I'm OnCall
Email: legal@imoncall.ai
Website: imoncall.ai
For general inquiries about the Service, you may also reach us at hello@imoncall.ai.