Terms of Service

These Terms of Service ("Terms") form a legally binding contract between Call Monkey LLC ("Company," "we," "us," or "our"), located at 5830 E 2nd St, Ste 7000 #31971, Casper, WY 82609, and you or the entity you represent ("Customer," "you," or "your"). By accessing or using any part of the CallMonkey.ai platform, website, applications, or services (collectively, the "Services"), 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 that entity.

We may update these Terms from time to time. We will notify you of material changes by posting the new version on our website or through the Services. Your continued use after the effective date means you accept the updated Terms. If you do not agree, you must stop using the Services.

These Terms incorporate by reference our Privacy Policy (available on our website) and any other policies or guidelines we post.

1. Definitions

• Services: Our AI-powered phone answering system, field service management software (including scheduling, job tracking, invoicing, and customer payments processed through Square), AI website builder, and social media suite (including tools to generate and manage images and content).
• Customer Data: Any information, content, prompts, files, or materials you or your authorized users upload, input, or provide to the Services.
• Generated Content: Any output created by the AI features of the Services, including website pages, text, designs, images, call transcripts, responses, or social media assets.
• Account: The user account(s) you create to access the Services.

2. Eligibility and Accounts

You must be at least 18 years old and capable of forming a binding contract. The Services are intended for business use only. You agree to provide accurate information and keep your account credentials secure.

3. Description of Services

• AI Answering Service: We provide an AI system that answers calls, handles inquiries, books appointments, and performs other telephony tasks. Calls may be recorded and transcribed for quality, training, and service improvement.
• Field Service Software: Tools to manage scheduling, dispatching, job tracking, inventory, invoicing, and customer communications. Customer payments are processed through our integration with Square. You are solely responsible for your customer transactions.
• AI Website Builder: A generative AI tool that creates websites, pages, designs, and content based on your inputs. We may install basic placeholder documents (such as a Privacy Policy and Terms of Service) as a starting point only.
• Social Media Suite: Tools that help create, schedule, and manage social media posts and assets, including AI-generated images.

We may modify, suspend, or discontinue any feature or the entire Services at any time with or without notice.

4. User Responsibilities

You are fully responsible for:

• All Customer Data and Generated Content.
• Ensuring compliance with all applicable laws, including data privacy, telemarketing (e.g., TCPA), payment card rules, and accessibility requirements.
• Thoroughly reviewing, editing, testing, and approving every aspect of any website or content created by the AI Website Builder. This includes all text, images, designs, links, functionality, forms, and any placeholder legal documents we install. You must have a qualified human from your company (or a professional advisor) verify accuracy, completeness, legal compliance, and suitability before publishing or using any site. The AI Website Builder is not a substitute for professional legal, design, or technical review.
• Verifying all AI-generated outputs, including call responses, transcripts, appointment details, images, and social media content. AI systems can produce inaccurate, incomplete, biased, or inappropriate results (sometimes called "hallucinations"). You must independently confirm facts, dates, pricing, availability, and legal compliance.
• Obtaining all necessary consents from your callers, customers, and end users (e.g., for recordings, SMS, data processing).
• Backing up your own data; we are not responsible for data loss.
• All activities of your authorized users.

You agree not to:

• Use the Services for illegal purposes or to violate any laws.
• Reverse engineer, copy, or create competing services.
• Upload harmful code, viruses, or prohibited sensitive data (e.g., payment card data outside of Square processing, protected health information without proper agreements).
• Generate or distribute content that infringes third-party rights, is defamatory, hateful, or harmful.
• Attempt to overload or interfere with our systems.
• Use the Services in high-risk environments (e.g., medical, legal advice, safety-critical systems) without appropriate safeguards and human oversight.

5. Intellectual Property

We (or our licensors) own all right, title, and interest in the Services, underlying technology, trademarks, and our own content. You retain ownership of your Customer Data and any Generated Content you create, to the extent you have rights in it. However, because of the nature of AI, Generated Content may not be unique and may resemble content generated for others.

You grant us a worldwide, non-exclusive, royalty-free license to use, host, reproduce, modify, and process Customer Data and Generated Content solely to provide, improve, and maintain the Services, train our models (in anonymized form), and as required by law.

You represent that you have all necessary rights to your Customer Data and Generated Content and that they do not infringe any third-party rights.

6. Payments and Billing

Subscription fees are billed in advance on a monthly or annual basis, as selected. All fees are non-refundable except as expressly stated or required by law. We may change pricing with notice; continued use constitutes acceptance. Late payments may accrue interest at 1.5% per month (or the maximum allowed by law) and may result in suspension.

For field service customer payments processed through Square, you agree to comply with Square's terms of service and privacy policy. We are not a party to your customer transactions and have no liability for Square's actions, chargebacks, refunds, or payment processing issues. You are responsible for all chargebacks, disputes, and related fees.

You are responsible for all taxes (except taxes on our net income).

8. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (OR $100 IF NO FEES WERE PAID). THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY.

These limitations do not apply to our gross negligence, willful misconduct, or indemnification obligations.

9. Indemnification

You agree to defend, indemnify, and hold us, our affiliates, officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your or your users' use of the Services.
• Your Customer Data or Generated Content.
• Any breach of these Terms or violation of law.
• Any dispute with your customers or third parties (including payment disputes handled through Square).
• Any claim that your website, images, or content infringes or violates third-party rights.

10. Termination

You may cancel your subscription at any time through your Account settings; cancellation takes effect at the end of the current billing period. We may suspend or terminate your access immediately for breach, non-payment, or to protect the Services.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Wyoming, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in Natrona County, Wyoming. You agree to submit to the personal jurisdiction of those courts.

12. Miscellaneous

• Entire Agreement: These Terms (together with our Privacy Policy) constitute the entire agreement.
• Severability: If any provision is invalid, the remainder remains in effect.
• No Waiver: Our failure to enforce a right does not waive it.
• Independent Contractors: We are independent contractors; no partnership or agency is created.

13. Contact

Questions about these Terms should be sent to hello@callmonkey.ai.

Call Monkey LLC
5830 E 2nd St, Ste 7000 #31971
Casper, WY 82609
hello@callmonkey.ai

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Last updated: February 24, 2026