Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services provided by Jackalope AI LLC, an Indiana limited liability company ("Jackalope AI," "we," "us," or "our"), including our website at getjackalope.ai, our AI receptionist service "Dolly," and any related products or services (collectively, the "Service").

By creating an account, accessing, or using the Service, you ("Customer," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of Service

Jackalope AI provides an artificial intelligence-powered receptionist and appointment scheduling service designed for home services contractors (including but not limited to HVAC, plumbing, electrical, roofing, and general home repair businesses). Our AI assistant handles inbound and, where applicable, outbound communications on your behalf, qualifies leads, schedules appointments, and integrates with calendar and customer management tools.

The Service is provided "as is" and may evolve over time. Features described in marketing materials are aspirational and may change.

2. Account Registration

To use the Service, you must:

• Be at least 18 years old
• Be authorized to enter into binding agreements on behalf of your business
• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized use of your account

You are responsible for all activity that occurs under your account.

3. Subscription, Pricing, and Billing

3.1 Plans and Fees

The Service is offered on a subscription basis. Current plans, pricing, and included usage are listed on getjackalope.ai. Plans include a one-time setup fee and recurring monthly subscription fee.

3.2 Billing

Subscription fees are billed monthly in advance via the payment method on file. Setup fees are charged at the time of signup. All fees are in U.S. dollars and are non-refundable except as required by law or as expressly stated in these Terms.

3.3 Usage and Overage

Each plan includes a monthly call allowance. Calls beyond the included amount may be billed as overage at the rates specified on getjackalope.ai. We will use commercially reasonable efforts to notify you when you approach your plan limit.

3.4 Automatic Renewal

Your subscription automatically renews each month until canceled. You may cancel at any time through your account or by contacting us at info@getjackalope.ai. Cancellations take effect at the end of the current billing period.

3.5 Price Changes

We may change pricing with at least 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

3.6 Failed Payments

If a payment fails, we may suspend or terminate the Service after reasonable notice. You remain responsible for any outstanding amounts owed.

4. Cancellation by You

You may cancel your subscription at any time through your account dashboard or by emailing info@getjackalope.ai. Upon cancellation:

• Your access to the Service continues through the end of the current billing period
• You will not be charged for subsequent periods
• You forfeit access to any unused portion of your monthly allowance
• Setup fees are non-refundable
• You are responsible for ensuring continuity of service if you switch providers

5. Suspension and Termination by Jackalope AI

We reserve the right, in our sole and reasonable discretion, to suspend, restrict, or terminate your account and access to the Service at any time, with or without notice, for any of the following reasons:

• Violation of these Terms or our Acceptable Use Policy (Section 6)
• Abusive, threatening, harassing, profane, or hostile conduct directed at Jackalope AI employees, contractors, agents, or other customers
• Fraudulent, deceptive, or illegal activity
• Misuse, gaming, or attempted exploitation of the Service or our billing systems
• Use of the Service in a manner that could expose Jackalope AI to legal, regulatory, reputational, or financial risk
• Non-payment, chargeback disputes, or repeated failed payments
• Material breach of these Terms that is not cured within a reasonable time after notice (where curable)
• Use of the Service to harm, defraud, or mislead third parties (including your own customers)
• Provision of false or misleading information during signup or service operation
• At our reasonable business discretion when continuing to provide the Service is not commercially viable for us

In the event of suspension or termination by us:

• We will provide reasonable notice and an explanation when practical, except in cases of egregious conduct, fraud, security risk, or where notice is not legally required
• You forfeit any unused portion of your subscription period
• Any outstanding fees become immediately due
• We may delete your data after a reasonable retention period (see Section 9)
• The provisions of these Terms that by their nature should survive termination will do so

You acknowledge that the Service is offered at our discretion and that we have no obligation to provide the Service to any specific party indefinitely. Termination by us under this section does not constitute breach of contract.

6. Acceptable Use Policy

You agree not to use the Service to:

• Engage in any illegal, fraudulent, or unauthorized activity
• Violate any applicable federal, state, or local laws or regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), Federal Trade Commission (FTC) regulations, state telemarketing laws, and consumer protection laws
• Make calls or send communications without proper consent from recipients
• Harass, threaten, defame, or mislead any person
• Misrepresent your business identity or affiliations
• Use the Service for any business or industry outside of home services contracting without our prior written consent
• Reverse engineer, copy, scrape, or attempt to extract the underlying AI models, prompts, code, or systems
• Resell, sublicense, or provide the Service to third parties without our written consent
• Interfere with, disrupt, or attempt to overload the Service or our infrastructure
• Use automated tools to make calls to the Service in a manner inconsistent with normal customer call patterns
• Upload or transmit malware, viruses, or harmful code
• Engage in any conduct that we reasonably determine to be harmful, offensive, or inconsistent with the spirit of these Terms

Violation of this Acceptable Use Policy may result in immediate suspension or termination under Section 5.

7. Customer Data and Information

7.1 Customer Data Ownership

You retain all rights to data you provide to us, including information about your business, your customers, and the content of calls handled by the Service ("Customer Data").

7.2 License to Use Customer Data

You grant Jackalope AI a worldwide, non-exclusive, royalty-free license to use, store, process, transmit, and display Customer Data solely as necessary to provide and improve the Service, comply with legal obligations, enforce these Terms, and for aggregated, anonymized analytics.

7.3 Your Responsibilities Regarding Customer Data

You represent and warrant that:

• You have all necessary rights and consents to provide Customer Data to us
• Your use of the Service complies with all applicable laws regarding customer notice, consent, recording, and data handling
• You will not provide us with any data you are not authorized to share

7.4 Compliance with TCPA and Related Laws

You are responsible for ensuring all calls made or received through the Service comply with applicable telemarketing and communication laws, including obtaining any required prior express written consent for marketing, recording, or follow-up communications. Jackalope AI provides tools to help you capture such consent, but you remain solely responsible for legal compliance.

8. Phone Call Recording and Monitoring

By using the Service, you acknowledge and agree that:

• All calls handled by the Service may be recorded, transcribed, and stored for quality assurance, training, dispute resolution, service improvement, and legal compliance purposes
• Indiana law permits recording calls with the consent of one party; many other states require all-party consent. You are responsible for ensuring proper consent is obtained where required, including communicating that calls may be recorded.
• Recordings and transcripts may be processed by us and our third-party service providers (see our Privacy Policy)
• We reserve the right to monitor call content for compliance with our Acceptable Use Policy

9. Data Retention and Deletion

• We retain Customer Data for the duration of your active subscription plus a reasonable period afterward (typically 90 days) for billing reconciliation, dispute resolution, and legal compliance
• Upon termination, you may request export of your Customer Data within 30 days
• After the retention period, we may delete Customer Data in accordance with our internal data lifecycle policies
• Aggregated, anonymized data may be retained indefinitely for analytical purposes

10. AI Service Limitations and Disclaimers

You acknowledge that:

• The Service uses artificial intelligence and machine learning, which can produce errors, inaccuracies, hallucinations, or unexpected behavior
• The AI may misunderstand callers, misroute requests, schedule appointments incorrectly, or provide incomplete or inaccurate information
• The Service is not a substitute for human judgment, professional advice, or licensed services
• We do not guarantee that the Service will be uninterrupted, error-free, secure, or perfectly accurate
• Performance may be affected by call quality, caller speech patterns, third-party service availability, and other factors outside our control
• You are responsible for reviewing appointments, lead information, and other outputs before acting on them
• You should not rely on the Service for emergency, medical, legal, or life-safety communications

11. Third-Party Services

The Service integrates with third-party services including but not limited to ElevenLabs (voice AI), Anthropic (language models), Cal.com (calendar), Twilio (telephony), Stripe (payments), Supabase (database), and Google (email and calendar). Use of these third parties is subject to their respective terms and privacy policies. We are not responsible for third-party services beyond our reasonable control.

12. Intellectual Property

12.1 Our IP

Jackalope AI and its licensors own all rights, title, and interest in the Service, including all software, AI models, system prompts, voice configurations, branding, and content (excluding Customer Data). Nothing in these Terms grants you any ownership rights in our intellectual property.

12.2 Feedback

If you provide feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate that feedback without compensation or attribution.

12.3 Trademarks

"Jackalope AI," "Dolly," the Jackalope logo, and related marks are trademarks of Jackalope AI LLC. You may not use these marks without our prior written consent.

13. Confidentiality

Each party agrees to maintain the confidentiality of the other party's non-public business information disclosed in connection with the Service. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.

14. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless Jackalope AI, its officers, directors, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms or any applicable law
• Your violation of any third party's rights, including TCPA, privacy, or intellectual property rights
• The content of communications handled by the Service on your behalf
• Any dispute between you and your customers or third parties

16. Dispute Resolution

16.1 Informal Resolution

Before initiating any formal proceeding, the parties will attempt in good faith to resolve any dispute through informal negotiation by emailing info@getjackalope.ai with a written description of the dispute.

16.2 Binding Arbitration

If informal resolution fails within 60 days, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Indianapolis, Indiana, in English, by a single arbitrator.

16.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis. You waive any right to participate in a class action, class arbitration, or representative action.

16.4 Exception for Equitable Relief

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, or to prevent ongoing harm.

17. Governing Law

These Terms are governed by the laws of the State of Indiana, United States, without regard to conflict of law principles. Any disputes not subject to arbitration will be resolved exclusively in the state or federal courts located in Marion County, Indiana, and the parties consent to the personal jurisdiction of those courts.

18. Modifications to These Terms

We may update these Terms from time to time. Material changes will be communicated by email or through the Service with at least 30 days' notice before taking effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

19. General Provisions

• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Jackalope AI regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in full force and effect.
• No Waiver: Our failure to enforce any right or provision will not constitute a waiver of that right or provision.
• Force Majeure: Neither party will be liable for delays or failures caused by events beyond reasonable control (natural disasters, war, pandemic, internet outages, third-party service failures, government action, etc.).
• Independent Contractors: The parties are independent contractors. No partnership, joint venture, or agency relationship is created by these Terms.
• Notices: Notices to Jackalope AI should be sent to info@getjackalope.ai. We may provide notices to you through your registered email address or through the Service.

20. Contact

If you have questions about these Terms, contact us at:

Jackalope AI LLC
Email: info@getjackalope.ai
Website: getjackalope.ai

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.