Terms of Service

1. The Service

NeverLose AI provides an AI-powered phone receptionist that answers calls, shares the business information you provide, books and manages appointments, sends SMS and notifications, and offers a dashboard to configure it. The Service depends on third-party providers (including telephony, voice-AI, calendar, and payment providers) and its features, behavior, and availability may change at any time.

2. Eligibility & your account

You must be authorized to act for your business. You are responsible for the accuracy of the information you provide, for your login credentials, and for all activity under your account.

3. Free trial

We may offer a free trial. When the trial ends, your paid subscription starts automatically and your payment method is charged unless you cancel before the trial ends. We may change or end trial offers at any time. Free trials include the same monthly talk-minute allowance as a paid plan, and we may limit, pause, or suspend a trial or account that exceeds the included allowance or that we reasonably believe is used abusively or to obtain free usage beyond what the trial is intended to provide.

4. Fees, billing & usage

• Base subscription: billed monthly in advance. Founding or promotional rates may apply for a stated period, after which the standard rate applies.
• Included usage: a monthly allowance of talk-minutes is included. Overage beyond the allowance is billed at the then-current per-minute rate.
• Optional payment-processing fee: if you use the Service to collect or send payments, an application fee may apply to amounts processed, in addition to third-party processor fees.
• Fees are in Canadian dollars unless stated, exclusive of taxes (which are your responsibility). You authorize us and our payment processor (Stripe) to charge your payment method on file for all recurring and usage-based charges.

5. Price & plan changes

We may change pricing, included allowances, rates, fees, and features at any time. For existing subscribers, material changes take effect from the next billing cycle and we will provide reasonable notice. Continued use after a change constitutes acceptance.

6. Auto-renewal & cancellation

Subscriptions renew automatically each month until cancelled. You may cancel anytime, effective at the end of the current billing period. Fees already paid are non-refundable except where required by law.

7. Your responsibilities & acceptable use

You agree to:

• Provide accurate business information. You are solely responsible for the content you publish and for what the AI tells callers based on it.
• Comply with all laws governing phone calls, call recording, and messaging — including obtaining any required consents from callers and recipients (e.g., Canada's CASL, and where applicable the U.S. TCPA). You are responsible for the legality of calls and messages made through the Service on your behalf.
• Not use the Service for unlawful, harmful, deceptive, abusive, or high-volume spam/robocalling purposes, or in violation of any third-party provider's rules.

We may suspend, throttle, or limit the Service to protect against abuse, fraud, runaway usage, security threats, or risk to the platform or other customers.

8. Intellectual property & license

The Service — including its software, dashboard, designs, branding, prompts, configurations, and all related intellectual property — is owned by NeverLose AI and is licensed, not sold, to you. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your business while your subscription is active, subject to these Terms. You may not copy, modify, resell, sublicense, reverse-engineer, or create derivative works from the Service.

You retain ownership of the business information and content you provide (“Your Content”). You grant us a non-exclusive, worldwide license to host, store, use, reproduce, process, and transmit Your Content as needed to operate and provide the Service — including passing it to third-party providers (such as Retell and Twilio) so the AI can answer calls and send messages on your behalf. You represent that you have the rights to provide Your Content for these purposes.

If you choose to send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them to improve the Service, with no obligation to you.

9. Third-party services

The Service relies on third parties (including Twilio for telephony, Retell for voice AI, Stripe for payments, and calendar providers). Their performance, availability, and terms are outside our control, and your use may be subject to their terms. We are not responsible or liable for the acts, omissions, outages, or failures of third-party providers.

10. No guarantee of availability, answering, or results

We strive to keep the Service running, but we do not warrant or guarantee that the Service will be uninterrupted, timely, secure, or error-free; that any call will be answered, captured, transcribed, routed, or returned; that any appointment will be booked correctly; or that you will achieve any particular booking, lead, revenue, or business result. Phone, network, and AI systems can fail, be delayed, be unavailable, mis-hear, or behave unexpectedly. The Service is provided “AS IS” and “AS AVAILABLE.”

11. AI output

The Service uses automated and AI systems that can produce inaccurate, incomplete, unexpected, or inappropriate responses. You are responsible for reviewing and monitoring how the Service represents your business. We are not liable for statements, bookings, quotes, or actions generated by the AI, and you should not rely on it for advice requiring a licensed professional.

12. Security

We use commercially reasonable measures to protect the Service, but no system is completely secure, and we do not guarantee that the Service or your data cannot be accessed, altered, or disclosed through unauthorized access, hacking, or other events beyond our reasonable control. We are not liable for damages arising from such events except to the extent required by law.

13. Disclaimer of warranties

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.

14. Limitation of liability

To the maximum extent permitted by law:

• We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost or missed calls, leads, bookings, or business, lost or corrupted data, reputational harm, or business interruption — even if advised of the possibility, and even if a remedy fails of its essential purpose.
• Our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the total amount you actually paid us for the Service in the three (3) months immediately before the event giving rise to the claim.

Some jurisdictions (including British Columbia) do not allow certain limitations; where a limitation is not permitted, it applies to the fullest extent allowed, and nothing here limits liability that cannot be limited by law.

15. Our commitment

We genuinely care about the Service and, if you report a problem, we will use commercially reasonable efforts to investigate and address it as promptly as we reasonably can. This is a statement of our intent and good faith only — it is not a warranty, guarantee, uptime commitment, or service-level agreement, and it does not expand our obligations or liability under these Terms.

16. Indemnification

You will defend, indemnify, and hold harmless NeverLose AI (Edward Karame) from any claims, damages, liabilities, and costs (including reasonable legal fees) arising from your use of the Service, your business information or content, your communications with your callers/customers, or your breach of these Terms or applicable law (including consent and recording laws).

17. Data & privacy

Our handling of personal information is described in our Privacy Policy. You are responsible for having any consents required for the personal information of your callers and customers that flows through the Service. Questions: neverloseai@gmail.com.

18. Termination

We may suspend or terminate the Service for breach, non-payment, abuse, or risk to the platform. Provisions that by their nature should survive (including fees owed, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law) survive termination.

19. Dispute resolution

If a dispute arises, you agree to first contact us at neverloseai@gmail.com and attempt to resolve it informally and in good faith for at least thirty (30) days before starting any formal proceeding. If it cannot be resolved, the dispute will be handled exclusively through the courts of British Columbia, as set out in the Governing Law section below. This does not prevent either party from seeking urgent injunctive relief where available.

20. Governing law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The courts located in British Columbia have exclusive jurisdiction, subject to any non-waivable rights you have under applicable consumer-protection law.

21. General

These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Service and supersede any prior agreements on the subject. If any provision is found unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will stay in full force (severability). Our failure to enforce any right is not a waiver of it. You may not assign or transfer these Terms without our consent; we may assign them in connection with a merger, acquisition, financing, or sale of assets. We are not liable for any delay or failure to perform due to causes beyond our reasonable control (including outages, network or telecommunications failures, third-party provider failures, natural events, or government action) (“force majeure”). Notices to you may be sent to the email associated with your account; notices to us must go to neverloseai@gmail.com.

22. Changes to these Terms

We may update these Terms. The “Last updated” date will change; continued use after an update constitutes acceptance.

23. Contact

Questions about these Terms: neverloseai@gmail.com.