Terms of Service

1. Acceptance of Terms

By accessing or using the ProconnAI website (proconnai.com) and any associated services, platforms, applications, or APIs (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Services. Your continued use of the Services following any changes to these Terms constitutes your acceptance of the revised Terms.

2. Services Description

ProconnAI provides AI-powered solutions for businesses, including but not limited to:

• AI-powered phone answering and call handling
• Automated lead qualification and capture
• Appointment scheduling and calendar management
• Script generation for voice agents
• Custom voice agent deployment and configuration
• Digital agent solutions for workflow automation
• AI consulting and custom AI solution development

ProconnAI reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We strive to provide reliable and high-quality services, but we do not guarantee that the Services will be uninterrupted, error-free, or available at all times.

3. User Responsibilities

As a user of ProconnAI's Services, you agree to:

• Provide accurate, current, and complete information when creating an account or using the Services.
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access.
• Use the Services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
• Not use the Services to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
• Not attempt to reverse engineer, decompile, or extract the source code of any ProconnAI software or AI models.
• Not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use.
• Not use the Services to engage in spam, unsolicited communications, or automated dialing in violation of applicable telemarketing laws (including the TCPA).
• Obtain all necessary consents and comply with all applicable recording and privacy laws when using our voice agent services for call recording or monitoring.

You are solely responsible for all activity that occurs under your account and for any data, content, or information you provide to or transmit through the Services.

4. AI Disclaimer

IMPORTANT: Artificial Intelligence is not perfect and may make errors. ProconnAI's Services utilize artificial intelligence and machine learning technologies to process information, generate responses, and interact with callers. While we continuously work to improve our AI systems, you acknowledge and agree that:

• AI-generated responses may contain inaccuracies, errors, or omissions.
• AI voice agents may misinterpret caller intent, mispronounce names or terms, or provide responses that are inconsistent with your business practices.
• AI-powered scheduling may conflict with actual availability or create double-bookings.
• AI-generated content (including scripts, responses, and recommendations) should be reviewed and verified before use in production.
• ProconnAI does not warrant or guarantee the accuracy, completeness, or reliability of any AI-generated output.
• You assume full responsibility for reviewing and validating AI outputs before relying on them for business decisions.

By using the Services, you acknowledge that ProconnAI is not liable for any damages, losses, or claims arising from AI errors, inaccuracies, or misunderstandings. You agree to independently verify critical information generated by the Services.

5. Intellectual Property

All rights, title, and interest in and to the Services, including all software, algorithms, AI models, designs, text, graphics, logos, trademarks, and other content provided by ProconnAI, are and shall remain the exclusive property of ProconnAI and its licensors. These Terms do not grant you any right, title, or interest in ProconnAI's intellectual property except for the limited license to use the Services as set forth herein.

You retain ownership of any data, content, or materials that you provide to ProconnAI through your use of the Services ("Customer Data"). By providing Customer Data, you grant ProconnAI a non-exclusive, worldwide, royalty-free license to use, reproduce, and process such Customer Data solely for the purpose of providing and improving the Services. ProconnAI will not sell or share your Customer Data with third parties except as necessary to provide the Services or as required by law.

Any feedback, suggestions, or ideas you provide to ProconnAI regarding the Services may be used by ProconnAI without restriction or obligation to you.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROCONNAI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOST DATA, OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PROCONNAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PROCONNAI'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PROCONNAI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY FEES TO PROCONNAI, PROCONNAI'S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD).

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

7. Payment Terms

Fees for the Services are set forth in the applicable order form, statement of work, or online pricing page. All fees are due in accordance with the payment terms specified at the time of purchase. Unless otherwise stated, all fees are quoted in United States Dollars (USD) and are non-refundable.

ProconnAI reserves the right to change its fees and pricing at any time upon reasonable notice. Changes to pricing will not affect any prepaid services. If you fail to make timely payments, ProconnAI may suspend or terminate your access to the Services after providing reasonable notice.

You are responsible for all applicable taxes, duties, and governmental assessments associated with your use of the Services, excluding taxes based on ProconnAI's net income.

8. Termination

Either party may terminate your access to the Services at any time, with or without cause, by providing the other party with written notice. Upon termination:

• Your right to access and use the Services will immediately cease.
• ProconnAI may delete or archive your account data in accordance with its data retention policies.
• You remain responsible for all fees accrued through the date of termination.
• Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5 (Intellectual Property), 6 (Limitation of Liability), 9 (Dispute Resolution), and 10 (Governing Law).

ProconnAI reserves the right to suspend or terminate your access immediately, without prior notice, if you breach these Terms, violate applicable law, or engage in conduct that ProconnAI determines, in its sole discretion, to be harmful to ProconnAI, its users, or third parties.

9. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall first be attempted to be resolved through informal negotiations. If the parties are unable to resolve the dispute within thirty (30) days of written notice, either party may pursue resolution through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

Arbitration shall take place in Montgomery County, Texas, or via video conference if mutually agreed. The decision of the arbitrator shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

10. Governing Law

These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

For any claims not subject to arbitration, you agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Montgomery County, Texas.

11. Changes to Terms

ProconnAI reserves the right to modify or update these Terms at any time. When we make material changes, we will notify you by email (to the address associated with your account), by posting a notice on our website, or through the Services. Changes will be effective upon posting, unless otherwise specified.

Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must discontinue use of the Services.

12. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, please contact us: