The rules of
the road.

These Terms of Service ("Terms") govern your access to and use of the Agensive platform, website, and AI receptionist services (collectively, "Services") operated by Agensive Inc. ("Agensive", "we", "our", or "us").

By creating an account or using our Services, you agree to be bound by these Terms. If you are using our Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

We may update these Terms from time to time. We will notify you of material changes by email or by prominent notice on our platform. Continued use of the Services after any changes constitutes your acceptance of the new Terms.

Agensive provides an AI-powered receptionist platform designed for service businesses including, but not limited to, HVAC, roofing, plumbing, and electrical contractors. Our Services include: 24/7 AI call answering, lead qualification, appointment scheduling, CRM integrations, and related tools.

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

Access to certain features may require a paid subscription. Features and availability may vary by subscription tier.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not use the Services to engage in any conduct that is illegal, fraudulent, deceptive, or harmful to others.

You are responsible for obtaining all necessary consents required under applicable law before using our AI receptionist to interact with your callers, including but not limited to call recording disclosures required by federal and state law.

You may not: attempt to gain unauthorized access to any part of the Services; use the Services to send spam or unsolicited communications; use automated systems to scrape or access our Services in an unauthorized manner; or resell or sublicense the Services without our written consent.

Certain features of our Services require payment of a subscription fee. By subscribing, you authorize Agensive to charge your payment method on a recurring basis at the applicable subscription rate.

Subscription fees are billed in advance on a monthly or annual basis. 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 upon 30 days' notice.

If your payment fails, we may suspend your access to the Services until payment is received. You are responsible for all taxes associated with your subscription. If we are required to collect taxes, they will be added to your bill.

The Services, including all software, algorithms, designs, text, graphics, and other content, are the property of Agensive or our licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

You retain ownership of all content you submit through the Services ("Your Content"), including customer data, call recordings made through your account, and business information. By submitting Your Content, you grant Agensive a worldwide, royalty-free license to use, process, and store Your Content solely to provide and improve the Services.

You agree not to copy, modify, distribute, sell, or lease any part of our Services or underlying software, nor may you reverse engineer or attempt to extract the source code of our software.

To the maximum extent permitted by applicable law, Agensive and its directors, employees, partners, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services.

Our total liability to you for any claim arising from these Terms or your use of the Services shall not exceed the amount you paid to Agensive in the 12 months preceding the claim, or $100 USD, whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights, so some of the above limitations may not apply to you.

You may cancel your subscription at any time through your account settings or by contacting us at hello@agensive.com. Cancellation takes effect at the end of the current billing period. No refunds are issued for the unused portion of a subscription term.

We may suspend or terminate your access to the Services immediately and without notice if we reasonably believe you have violated these Terms, engaged in fraudulent or abusive activity, or if required to do so by law.

Upon termination, your right to use the Services ceases immediately. Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

You agree to waive your right to participate in class action lawsuits or class-wide arbitrations. Both parties waive any right to a jury trial.

Notwithstanding the foregoing, Agensive may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or other proprietary rights.

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

Agensive Inc. hello@agensive.com 340 Pine Street, Suite 700 San Francisco, CA 94104

We will respond to all inquiries within a reasonable time. For urgent legal matters, please clearly indicate the nature of your request in the subject line.