Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "Customer") and Call Monkey, LLC, a Wyoming limited liability company ("Call Monkey," "we," "us," or "our").

By creating an account or using our Service, you agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity.

1. Description of the Service

Call Monkey AI provides an AI-powered 24/7 phone answering and scheduling service for home-service and trade businesses. The Service includes:

• Answering incoming calls with advanced voice AI
• Collecting and storing customer information
• Booking, rescheduling, or canceling appointments directly into Google Calendar, Calendly, Jobber, Markate, Housecall Pro, Service Titan, Service Fusion, and Call Monkey AI's own scheduling system
• Processing deposits and payments through Square
• Sending call summaries, transcripts, and recap emails

2. Free Trial & Billing

• 7-day free trial with up to 500 minutes (no credit card required)
• Paid plans begin on the date you select a plan and provide payment information.
• Billing is monthly in advance on your signup anniversary date.
• Overage minutes are billed in the following billing cycle.
• All payments processed securely via Square.
• 7-day grace period for failed payments; services may be suspended after 7 days.
• No refunds except as required by law.

3. Cancellation & Termination

You may cancel anytime via your dashboard or hello@callmonkey.ai. Cancellation takes effect at the end of the current billing cycle. We may suspend or terminate your account immediately for non-payment or violation of these Terms.

4. Your Responsibilities

You agree to:

• Comply with all applicable laws (including TCPA and state call-recording laws).
• Maintain active accounts and permissions with any third-party scheduling or payment tools you connect.
• Not use the Service for illegal, harassing, or fraudulent purposes.

5. Call Recording, Privacy & Data

• All calls are recorded for quality, training, compliance, and dispute resolution. Every call automatically begins with a disclosure that the call may be recorded or monitored.
• You own your customer data and call recordings. We will never sell your customer data. Anonymized data may be used to improve our AI.

6. Third-Party Integrations

You are solely responsible for maintaining active accounts and proper permissions with Google Calendar, Calendly, Jobber, Markate, Housecall Pro, Service Titan, Service Fusion, Square, and any other connected services. Call Monkey AI is not liable for errors, downtime, or changes made by those providers.

7. Intellectual Property

The Service, AI models, software, and branding are owned by Call Monkey AI. You receive a limited, revocable license to use the Service during your active subscription.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE ERROR-FREE, UNINTERRUPTED, OR PERFECT AI PERFORMANCE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALL MONKEY AI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA.

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Nothing in these Terms limits liability for gross negligence, willful misconduct, or violations of law that cannot be limited under Wyoming law.

10. Indemnification

You agree to indemnify and hold Call Monkey AI harmless from any claims arising from your use of the Service, violation of these Terms, or violation of any law or third-party right.

11. Governing Law & Dispute Resolution

These Terms shall be governed exclusively by the laws of the State of Wyoming, without regard to conflict of law principles.

Any dispute arising out of these Terms or the Service shall be resolved exclusively in the state or federal courts located in Laramie County, Wyoming.

11.A Mandatory Binding Arbitration & Class Action Waiver

• Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in Cheyenne, Wyoming.
• Both parties waive the right to a jury trial and the right to participate in a class action.
• This arbitration provision survives termination of these Terms.

12. California Residents

If you are a California resident, please review our Privacy Policy at https://www.callmonkey.ai/privacy-policy for your rights under the California Consumer Privacy Act (CCPA/CPRA).

13. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or in-app notice. Continued use after changes constitutes acceptance.

14. Contact Us

Email: hello@callmonkey.ai

Phone: (800) 677-7819 (24/7)

By using Call Monkey AI, you acknowledge that you have read, understood, and agree to these Terms of Service.