Terms of service

A. Introduction

These Terms of Service ("Terms") govern the use of the Spikey AI inbound call answering service (the "Services") provided by SVA Products, LLC, a limited liability company with offices at 169 Madison Ave, New York ("Spikey AI," "we," "our" or "us"), to any business or individual that subscribes to them ("Customer," "you" or "your").

B. Acceptance of these Terms

By selecting the agreement checkbox, signing an order form that refers to these Terms, or using the Services, you agree to these Terms. If you do not agree, you may not use the Services.

Authority: you confirm that you are at least 18 years old and authorised to enter into these Terms on behalf of the business you represent.

Callers: members of the public who telephone your business do not become subscribers and do not accept these Terms by calling.

C. Description of the Services

AI call answering: we answer inbound calls that your business forwards to us, using artificial intelligence to greet callers, answer questions from the business information you approve, and record what the caller requested.

Request capture: each call produces a transcript, a summary, and a suggested next step, presented in your dashboard for human follow-up.

Text messaging: where you separately opt in, we send post-call summaries by text message to a mobile number you verify.

Calendar availability: where you connect a supported calendar, we read availability so that the assistant can discuss possible times. Calendar connections are read-only and never book, edit or cancel events. Availability discussed on a call is not a confirmed appointment; recheck the calendar before confirming a time with a caller.

Exclusions: the Services do not place outbound AI calls, perform telemarketing, or provide emergency calling or dispatch. The assistant cannot contact emergency services on a caller's behalf. You must maintain an alternative means of contact and must not rely on the Services for urgent or safety-critical communications.

D. Subscription and payments

Subscription: subscriptions renew automatically each month until cancelled. Checkout discloses the plan price, currency, billing interval, included minutes, the additional usage rate and applicable taxes before payment. Completing checkout authorises those recurring charges to your payment method.

Usage: included minutes apply to the current billing period and do not carry over. Additional usage is calculated from recorded call duration at the rate disclosed for your plan and may be billed after use. Carrier forwarding charges and recipients' mobile charges are separate and are your responsibility.

Extra-usage billing: within a billing period, additional usage charges may build up to an amount equal to your plan's monthly price (for example, $60 on Starter and $180 on Growth). Once they reach that amount, we reserve the right to charge them to your payment method immediately rather than at the end of the billing period. Additional usage after that point continues to be charged at your plan's rate.

Spending limits: an optional extra-usage limit pauses new calls once the recorded threshold is reached. It is not a guaranteed invoice ceiling: concurrent calls, calls already in progress and delayed usage records can produce further charges. Lowering a limit does not remove charges already incurred, and a limit does not cancel your subscription.

Cancellation: you may cancel online at any time through Settings > Billing > Manage billing, without contacting us. Cancel before the next renewal date to stop the next charge. Service continues through the period already paid for, and usage already incurred remains payable. If online cancellation is unavailable, email hello@spikeyai.com; we will use the time your request is received.

Price changes and refunds: price increases apply prospectively after notice, and you may cancel before they take effect. Except where the law requires a refund or we agree otherwise, used services and partial periods are not refundable. Nothing in this section limits your right to dispute an incorrect or unauthorised charge.

E. Service availability and performance

Availability: we aim to maintain high availability but do not guarantee uninterrupted access. Carrier, internet and provider outages can interrupt calls, message delivery and integrations, and we may perform maintenance that temporarily affects the Services. Connection checks and failure alerts assist in identifying problems but do not guarantee that every failure is detected.

Performance: we aim to answer calls accurately and efficiently. We do not guarantee the accuracy or completeness of any AI-generated response, transcript, summary or suggestion.

Telephone numbers: a number provided with a subscription is allocated to you for the term and is not owned by you. Contact us before cancelling to discuss a transfer; portability is determined by the carriers. Remove call forwarding when service ends to avoid lost calls.

Pausing: while an owner pauses AI answering, forwarded callers hear an unavailability message and nothing is captured. Pausing does not change carrier forwarding or cancel your subscription.

F. Customer responsibilities

You agree to:

• provide accurate, complete and current business information for the assistant to rely on, and keep it up to date;
• maintain the confidentiality of your account credentials and notify us promptly of any suspected unauthorised access;
• ensure that your use of the Services complies with the laws and regulations that apply to your business;
• obtain the consents described in section G from your callers;
• verify that AI interactions are appropriate for your business before relying on them; and
• apply appropriate access, retention and deletion practices to call information you receive, including copies delivered by email or text message.

You are responsible for all activity conducted through your account, including by users you authorise.

G. AI disclosure, recording and caller consent

Calls forwarded to your Spikey AI number connect directly to the AI assistant, without a separate keypad or consent step. Speech is transcribed as the call happens, and a transcript and summary are saved for your team. You must:

• tell your customers that AI and call transcription are used, and provide another way to reach you for anyone who prefers not to speak with AI;
• obtain any consent the laws applying to you require from every participant before a substantive conversation is recorded or transcribed, and honour any refusal or withdrawal; and
• not configure the assistant, through prompts, greetings, integrations or forwarding settings, to claim to be human or to hide that calls are transcribed.

Your acceptance of these Terms is not your caller's consent. You remain responsible for any additional notice, permission or record required of your business, including for any separate recording system you operate.

H. AI accuracy and human review

AI research, instructions, responses, transcripts, summaries and suggested follow-ups can be inaccurate, incomplete or out of date. You must review researched business information before approving it (we record your approval with the reviewed version and date), keep it current, and have a person verify material statements before acting on them. The assistant is not a licensed professional and must not be used to make eligibility, employment, housing, credit, insurance, healthcare, educational admission or similarly consequential decisions about any person.

I. Acceptable use and restricted information

You must not use the Services for:

• unlawful activity, impersonation, deception, discrimination, harassment, spam, unauthorised surveillance, security attacks or infringement of another person's rights;
• voice cloning, the creation of voiceprints, or biometric identification or authentication of a caller by voice; or
• marketing text messages or automated outbound calling.

The standard Services are not offered for healthcare or mental-health intake, consumer health data, regulated financial or legal intake, debt collection, emergency response, or services directed to children. You must not request or submit protected health information, payment card or bank credentials, government identification numbers, passwords, biometric identifiers or precise location data, and must not upload medical, financial, legal or personnel files as agent knowledge. These Terms are not a HIPAA business associate agreement. Any restricted workflow requires our prior written approval and appropriate safeguards.

J. Data protection and service providers

Roles: personal information relating to your callers remains under your control. We process it solely to provide, secure and support the Services on your documented instructions, and for no other purpose.

Restrictions: we do not sell that information, do not use it for advertising, and do not use your calls or connected calendar data to train general-purpose AI models. Our personnel access it only for support you have requested, security, or where the law requires, and are bound by confidentiality obligations.

Security: where a security incident affects your information, we will notify you without undue delay and provide the information you reasonably need to meet your own obligations.

Service providers: we use the providers in the provider list in our Privacy Policy, which states what each one does and what information it receives. We will give notice before adding or replacing a provider, and you may object.

Assistance and deletion: we will assist you in responding to a privacy request from one of your callers. On termination, we will delete or return your data on request through our privacy request contact details, except where retention is required by law. Our Privacy Policy describes information handling in full.

K. Content, confidentiality and integrations

Your content: you retain all rights in the content you provide and grant us a non-exclusive licence to host, process and transmit it solely to provide, secure and support the Services. You confirm that you hold the rights necessary to provide it. We retain all rights in the Spikey AI software, branding and documentation.

Confidentiality: each party will protect the other's non-public business information with reasonable care and disclose it only to personnel or providers who need it and are bound by confidentiality obligations, or as required by law.

Integrations: connecting a third-party account is your choice, and you may disconnect in Setup or revoke access with the provider. The provider's own terms govern your account with it.

L. Text messages and email

Post-call text messages are optional and are not a condition of purchase. Enrol only a number you control or have documented permission to enrol. Frequency varies with call volume, and message and data rates may apply. Reply STOP to unsubscribe or HELP for help, disable text messages in Settings, or email hello@spikeyai.com. Opting out of text messages does not cancel your subscription. Carriers are not liable for delayed or undelivered messages.

Email callback notices sent to the owner's verified sign-in address include the caller's name, callback number and request; notices sent to any other address contain a generic alert and a link to the authenticated dashboard. Post-call text messages contain the caller's callback number, a short summary and the next action, and may appear on a recipient's lock screen. Select recipients accordingly. Essential account, security and billing communications may still be sent by email.

M. Warranties and limitation of liability

We will provide the Services with reasonable care and skill. To the extent permitted by law, we make no other warranty, express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, and we do not warrant uninterrupted or error-free operation, the accuracy of AI output, or any particular commercial result.

To the extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, data, business interruption or the cost of substitute services. Each party's total cumulative liability arising out of or in connection with the Services is limited to the fees paid or payable for them in the twelve months preceding the event giving rise to the claim.

These limits do not apply to fraud, wilful misconduct, gross negligence, breach of confidentiality or data-protection obligations, your payment obligations, or any liability that cannot lawfully be limited. Nothing in these Terms excludes mandatory consumer rights, remedies or guarantees.

N. Indemnification

You agree to indemnify, defend and hold harmless Spikey AI and its officers, directors, employees and agents from and against any claim, action, demand, loss, damage, fine, penalty, cost or expense, including reasonable attorneys' fees, arising out of or related to:

• your use of the Services;
• your breach of these Terms;
• your violation of the rights of any other party;
• content or data you upload, transmit or process through the Services;
• your failure to obtain the caller notices and consents required by section G; or
• negligent or wilful misconduct by you, your employees or your agents.

We will notify you promptly of any such claim, you will have control of its defence and settlement with our reasonable assistance, and you may not settle a claim in a way that imposes an obligation or admission on us without our prior written consent. This section does not apply to the extent a claim arises from our own breach of these Terms.

O. Suspension and termination

You may cancel at any time as described in section D. We may restrict or suspend the Services where reasonably necessary to address unlawful use, a security risk, non-payment or a material breach, and, where practical and lawful, we will give notice and an opportunity to resolve the problem. If we discontinue a paid service for any reason other than your breach, we will refund prepaid fees for the unused portion.

On termination, outstanding fees remain payable, post-termination data handling follows section J and our Privacy Policy, and any provision that by its nature should survive does so.

P. Force majeure

Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, war or terrorism, governmental action, network, carrier or infrastructure failure, cyber attack, or pandemics and other widespread health emergencies. This does not excuse an obligation to pay amounts already due.

Q. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles. These Terms do not require arbitration and do not waive a jury trial or class action, and nothing in them prevents a complaint to a regulator or a claim in a court of competent jurisdiction. If any provision is held unenforceable, the remaining provisions continue in effect. Delay in enforcing a right does not waive it.

R. Changes to these Terms

We may update these Terms. We will give notice before a material change takes effect and obtain agreement where required. Changes apply prospectively and do not retroactively alter charges, permissions or disputes. You may cancel before a change you do not accept takes effect.

S. Security reporting and contact

Report suspected vulnerabilities or questions about these Terms to hello@spikeyai.com, or write to SVA Products, LLC, 169 Madison Ave, New York.