Terms of Service
Last Updated: December 3, 2024
Welcome to ClutchLead. These Terms of Service ("Terms") govern your use of our AI receptionist service. By using ClutchLead, you agree to these Terms.
Plain English Summary: Use our service legally and ethically. Pay your bills on time. We provide the AI receptionist "as is" and aren't liable for missed calls or business losses. You can cancel anytime.
1. Acceptance of Terms
By creating an account or using ClutchLead, you agree to be bound by these Terms and our Privacy Policy. If you're using ClutchLead on behalf of a business, you represent that you have authority to bind that business to these Terms.
2. Description of Service
ClutchLead provides an AI-powered receptionist service that:
- Answers incoming phone calls on your behalf
- Engages callers in natural conversation
- Collects caller information and qualifies leads
- Books appointments (where configured)
- Detects and alerts you to emergencies
- Provides call recordings, transcripts, and analytics
3. Account Registration
To use ClutchLead, you must:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Promptly update any changes to your information
- Be at least 18 years old
- Have authority to use the phone numbers you connect to our service
4. Subscription and Payment
4.1 Pricing
ClutchLead offers monthly subscription plans. Current pricing is displayed on our website and may change with 30 days notice.
4.2 Billing
- Subscriptions are billed monthly in advance
- Payment is processed through Stripe
- You authorize us to charge your payment method on file
- Failed payments may result in service suspension
4.3 Overage Charges
If you exceed your plan's included minutes, additional minutes are billed at $0.25 per minute, charged at the end of each billing cycle.
4.4 Refunds
Subscription fees are non-refundable except as required by law. If you cancel mid-cycle, you'll retain access until the end of your billing period.
5. Acceptable Use
You agree NOT to use ClutchLead to:
- Violate any laws or regulations
- Engage in fraudulent, deceptive, or misleading practices
- Harass, abuse, or harm others
- Transmit spam, malware, or harmful content
- Impersonate others or misrepresent your business
- Interfere with or disrupt our service
- Reverse engineer or attempt to extract our AI models
- Use our service for any illegal telemarketing or robocalling
Important: You are responsible for complying with all applicable laws regarding call recording and disclosure in your jurisdiction. Many states require you to inform callers they may be recorded.
6. Call Recording Compliance
ClutchLead records calls to provide transcripts and improve service quality. You are responsible for:
- Understanding and complying with call recording laws in your state/country
- Configuring appropriate disclosures if required (we can help with this)
- Obtaining any necessary consents from callers
7. Service Availability
We strive for high availability but do not guarantee uninterrupted service. We are not liable for:
- Temporary service outages or maintenance
- Telecommunications failures outside our control
- Force majeure events
8. Intellectual Property
ClutchLead and its AI technology are owned by us. You retain ownership of your business information and call data. By using our service, you grant us a limited license to process your data as necessary to provide the service.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- ClutchLead is provided "AS IS" without warranties of any kind
- We are not liable for any indirect, incidental, special, or consequential damages
- We are not liable for lost profits, lost business, or missed opportunities
- Our total liability is limited to the amount you paid us in the 12 months preceding the claim
10. Indemnification
You agree to indemnify and hold ClutchLead harmless from any claims, damages, or expenses arising from your use of our service, your violation of these Terms, or your violation of any third-party rights.
11. Termination
11.1 By You
You may cancel your subscription at any time through your account dashboard or by contacting support. Cancellation takes effect at the end of your current billing period.
11.2 By Us
We may suspend or terminate your account if you violate these Terms, fail to pay, or for any reason with 30 days notice. We may terminate immediately for serious violations.
11.3 Effect of Termination
Upon termination, your access to ClutchLead ends. You may request export of your call data within 30 days of termination.
12. Modifications to Terms
We may modify these Terms at any time. We'll notify you of material changes via email or through the service. Continued use after changes constitutes acceptance.
13. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Los Angeles County, California.
14. Dispute Resolution
Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us. If we can't resolve the dispute within 30 days, either party may proceed with legal action.
15. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and ClutchLead
- Severability: If any provision is found unenforceable, the rest remains in effect
- No Waiver: Failure to enforce any right doesn't waive that right
- Assignment: You may not assign these Terms without our consent
16. Contact Us
Questions about these Terms? Contact us: