Terms of Service

1. Acceptance of Terms

By accessing or using the Agensive platform, website, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, do not access or use the Services. We reserve the right to update these Terms at any time, and your continued use of the Services after any such changes constitutes acceptance of the new Terms.

2. Description of Services

Agensive provides an AI-powered voice receptionist platform designed for home service businesses, including but not limited to HVAC, plumbing, roofing, and electrical contractors. Our Services include inbound call answering, lead qualification, appointment booking, CRM integration, and related analytics tools.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. Account Registration

To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@agensive.com of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account.

4. Subscription and Payment

Access to the Agensive platform requires a paid subscription. By subscribing, you authorize us to charge your payment method on a recurring basis at the then-current subscription rate. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.

We reserve the right to change our pricing at any time. We will provide at least 30 days' notice of any price changes before they take effect. If you do not agree to the new pricing, you may cancel your subscription before the change takes effect.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services to: violate any applicable law or regulation; infringe the intellectual property rights of any third party; transmit any unsolicited commercial communications; impersonate any person or entity; or interfere with or disrupt the integrity or performance of the Services.

You are solely responsible for all call content, lead data, and other information processed through your Agensive account. You represent that you have obtained all necessary consents to record, transcribe, and process any calls handled by the platform.

6. Call Recording and Compliance

Agensive records and transcribes inbound calls as part of its core functionality. You are solely responsible for ensuring that your use of call recording complies with all applicable federal, state, and local laws, including but not limited to wiretapping and call recording consent laws that vary by jurisdiction.

In states or jurisdictions that require all-party consent for call recording, you are responsible for implementing appropriate disclosure mechanisms (such as a recorded greeting notifying callers that the call may be recorded) before enabling the Services. Agensive is not liable for your failure to comply with applicable call recording laws.

7. Intellectual Property

The Services and all content, features, and functionality thereof — including but not limited to software, text, graphics, logos, and AI models — are owned by Agensive Inc. and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.

You retain ownership of all data, content, and information you submit through the Services. By using the Services, you grant Agensive a limited, non-exclusive license to process your data solely for the purpose of providing the Services to you.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or completely secure. We do not warrant that any defects will be corrected, or that the Services are free of viruses or other harmful components. Your use of the Services is at your sole risk.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGENSIVE INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association in Maricopa County, Arizona.

You agree to resolve any disputes individually and waive any right to bring or participate in a class action lawsuit or class-wide arbitration. Nothing in these Terms shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction.

11. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination, your right to use the Services will immediately cease. Termination does not relieve you of any obligation to pay fees accrued prior to termination.

You may cancel your subscription at any time through your account settings or by contacting support@agensive.com. Cancellation will take effect at the end of your current billing period.

12. Contact

If you have any questions about these Terms of Service, please contact us at:

Agensive Inc. Phoenix, AZ legal@agensive.com

We will respond to all inquiries within 5 business days.