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Terms of Service

Last Updated: December 1, 2025

These Terms of Service ("Terms") govern your access to and use of the services provided by Douglas Broughton, doing business as ServiceRelay ("ServiceRelay", "we", "our", or "us"), including our website, AI-powered after-hours answering service, and related services (collectively, the "Services").

By signing up for, accessing, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Acceptance of Terms

By creating an account or using our Services, you represent that:

• You are at least 18 years of age
• You have the authority to enter into these Terms on behalf of your business
• You will comply with all applicable laws and regulations
• All information you provide is accurate and current

2. Description of Services

ServiceRelay provides an AI-powered after-hours answering service for service-based businesses. Our Services include:

• AI voice assistant to answer incoming calls 24/7
• Call transcription and recording
• Emergency situation detection
• Daily call summaries delivered at 8am in your local timezone
• Monthly performance reports and analytics
• Customizable AI assistant prompts and configurations
• Team management and multi-user access

We reserve the right to modify, suspend, or discontinue any part of our Services at any time with reasonable notice.

3. Account Registration and Security

(a) Account Creation

To use our Services, you must create an account by providing:

• Business name and industry
• Your name, email address, and phone number
• Emergency contact information
• Payment information (for paid plans)

(b) Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains accurate and up-to-date

(c) Account Termination

We reserve the right to suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Misuse our Services or interfere with other users
• Fail to pay fees when due

4. Subscription Plans and Pricing

(a) Free Trial

We offer a 14-day free trial to new customers. Your trial begins when your AI assistant is set up and activated. No credit card is required for the trial. At the end of your trial, you must subscribe to a paid plan to continue service.

(b) Paid Plans

We offer the following subscription plans:

• After-Hours Plan ($297/month): Unlimited after-hours calls (weeknights 5pm-8am, weekends). Daytime calls billed at $0.30/minute.
• Pro Plan ($497/month): Includes 1,000 daytime minutes. Overage billed at $0.25/minute.

All prices are in U.S. dollars and subject to change with 30 days' notice. Price changes do not affect your current billing cycle.

(c) Billing and Payment

• Subscriptions are billed monthly in advance
• Usage charges (daytime minutes) are billed monthly in arrears
• Payments are processed automatically via Stripe
• All sales are final - no refunds for partial months
• Failed payments may result in service suspension after a 3-day grace period

(d) Cancellation

You may cancel your subscription at any time through your account Settings or by contacting support. Cancellations take effect at the end of your current billing period. You remain responsible for all charges incurred before cancellation.

5. Acceptable Use Policy

You agree NOT to use our Services to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit harmful, offensive, or inappropriate content
• Harass, threaten, or harm others
• Impersonate any person or entity
• Interfere with or disrupt our Services
• Attempt to gain unauthorized access to our systems
• Use our Services for telemarketing, robocalls, or spam
• Collect or harvest user information without consent
• Reverse engineer or copy our technology

Violation of this Acceptable Use Policy may result in immediate account termination without refund.

6. Intellectual Property

(a) Our Property

ServiceRelay retains all rights, title, and interest in:

• The Services, website, and platform
• Our software, algorithms, and technology
• Our trademarks, logos, and branding
• All improvements and derivative works

(b) Your Content

You retain ownership of:

• Your business information and account data
• Call transcripts and recordings of calls to your business
• Custom AI assistant configurations you create

By using our Services, you grant us a limited license to use your content solely to provide and improve our Services. We will not use your call data to train AI models for other customers or for marketing purposes.

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key privacy commitments:

• We do NOT sell your personal information
• We do NOT use your data for marketing
• We do NOT use your call data to train AI for other customers
• We use your data only to provide Services and improve your AI assistant
• You can request data deletion at any time

8. Service Level and Availability

(a) Uptime

We strive to maintain 99.9% uptime for our Services, but we do not guarantee uninterrupted or error-free operation. Scheduled maintenance will be announced in advance when possible.

(b) Support

We provide email support at support@servicerelayhq.com. We aim to respond to support requests within 24 business hours (Monday-Friday, 9am-5pm Central Time).

(c) Third-Party Dependencies

Our Services rely on third-party providers (ElevenLabs, Twilio, Google Cloud). We are not responsible for outages or issues caused by these providers, though we will work diligently to resolve any service disruptions.

9. Limitations of Liability

(a) Service "AS IS"

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

(b) No Guarantee of Accuracy

While our AI assistant strives for accuracy, we do not guarantee that:

• All caller information will be captured accurately
• All emergencies will be detected correctly
• Transcripts will be 100% accurate
• The AI assistant will respond appropriately in all situations

You are responsible for verifying important information from callers and following up appropriately.

(c) Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ON CALL PRO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

(d) Emergency Services Disclaimer

CRITICAL: Our Services are NOT a substitute for emergency services (911). Our AI assistant attempts to detect emergencies and notify you or your emergency contact, but:

• Emergencies may not be detected correctly
• Notifications may be delayed
• SMS/email delivery is not guaranteed

You must ensure your customers know how to contact emergency services directly if needed. We are not liable for injuries, property damage, or other harm resulting from reliance on our emergency detection.

10. Indemnification

You agree to indemnify, defend, and hold harmless ServiceRelay and Douglas Broughton from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Content you submit or actions you take using our Services

11. Dispute Resolution and Governing Law

(a) Governing Law

These Terms are governed by the laws of the State of Tennessee, United States, without regard to conflict of law principles.

(b) Informal Resolution

Before filing a lawsuit or arbitration, you agree to contact us at support@servicerelayhq.com to attempt to resolve the dispute informally. We will work in good faith to resolve any issues.

(c) Venue

Any legal action arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Tennessee, and you consent to the jurisdiction of such courts.

12. Modifications to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by:

• Email to your account email address
• A notice on our website or in your dashboard

Changes take effect 30 days after notice is provided. Your continued use of our Services after the effective date constitutes acceptance of the modified Terms. If you do not agree to the changes, you must cancel your subscription before the effective date.

13. Miscellaneous

(a) Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ServiceRelay regarding use of our Services.

(b) Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

(c) No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

(d) Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any successor entity.

(e) Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14. Contact Information

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