Terms of Service

You represent and warrant that you are at least eighteen (18) years of age and legally capable of entering into binding agreements. If you are accessing or using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms. In such case, the term “you” refers to the entity and the individual acting on its behalf.

You further represent that your use of the Services complies with all applicable federal, state, and local laws and regulations. Zevaux reserves the right to refuse access to the Services to any person or entity at its sole discretion.

You may not use the Services if you have previously been suspended or removed from the Services for any reason.

Zevaux provides an artificial intelligence-powered virtual receptionist and automation platform designed to assist small and medium-sized businesses with communication management. The Services may include, without limitation: AI-driven call answering, call routing, appointment scheduling, SMS messaging, email communications, call recording, transcript generation, lead capture, knowledge base management, analytics dashboards, and third-party software integrations.

The Services are intended for use by businesses operating within the United States. Zevaux makes no representation that the Services are appropriate, legally compliant, or available for use outside the United States. Use of the Services from outside the United States is at your sole risk and discretion, and you are solely responsible for compliance with any applicable local laws.

Zevaux may modify, enhance, suspend, or discontinue any aspect of the Services at any time in its sole discretion. Features marked “Coming Soon” are not guaranteed for release by any particular date. Zevaux does not guarantee that any specific feature will remain available indefinitely.

The Services are intended solely as business communication tools. Zevaux does not provide legal advice, medical advice, financial advice, or regulatory compliance services.

Important Disclaimer: The Services incorporate artificial intelligence and machine learning technologies that generate automated responses and outputs. AI-generated outputs may contain inaccuracies, omissions, or errors and may not reflect human judgment.

You are solely responsible for reviewing, verifying, and approving any AI-generated output before relying on it in connection with your business operations. Zevaux does not guarantee the accuracy, completeness, legality, or appropriateness of any AI-generated content, including but not limited to call summaries, email drafts, SMS messages, and lead classifications.

The Services shall not be used for high-risk activities, including medical diagnoses, legal determinations, financial underwriting, or employment eligibility decisions where inaccurate output could result in material harm.

AI Features are not a substitute for human oversight. You are responsible for ensuring your AI receptionist operates appropriately for your Callers and that Callers are not under the age of 16.

To access the Services, you must create an account and provide accurate, complete, and current information. You agree to keep your registration information updated at all times.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify Zevaux immediately at support@zevaux.com if you suspect unauthorized access. Zevaux shall not be liable for any loss or damage arising from your failure to safeguard your credentials.

Each account is for use by a single business entity. You may not share account access across unrelated organizations without Zevaux’s prior written consent.

By accessing or using the Services, you consent to conducting business electronically and agree that electronic signatures, acceptances, and agreements carry the same legal force as written signatures. You consent to receiving all notices, agreements, disclosures, and communications from Zevaux electronically to the email address associated with your account. You are responsible for maintaining a valid and current email address on your account at all times.

5.1 Legal Compliance

You are solely responsible for your use of the Services and for ensuring compliance with all applicable laws and regulations, including without limitation:

• Telephone Consumer Protection Act (TCPA)
• CAN-SPAM Act
• State and federal call recording consent laws
• Telemarketing Sales Rule (TSR)
• Applicable data privacy laws including state consumer privacy acts

You are responsible for obtaining all required consents from your callers and customers before recording calls, sending SMS messages, or initiating automated communications. Zevaux does not monitor your compliance with telecommunications or privacy laws and disclaims any responsibility for violations resulting from your actions or omissions.

If Zevaux determines, in its sole discretion, that your use of the Services exposes the Company to legal or regulatory risk, Zevaux may immediately suspend or terminate your access without notice or refund.

5.2 HIPAA

If you are a covered entity or business associate under the Health Insurance Portability and Accountability Act (HIPAA), you must execute a separate Business Associate Agreement with Zevaux prior to using the Services in connection with any protected health information. Absent such a written agreement, use of the Services to process, transmit, or store protected health information is strictly prohibited.

5.3 Prohibited Use

You are strictly prohibited from using the Services to:

• Contact individuals who have not provided lawful consent to receive communications;
• Transmit obscene, harassing, threatening, defamatory, discriminatory, or violent content;
• Promote adult services, illegal gambling, counterfeit or pirated goods, or any activity that violates applicable law;
• Defraud, deceive, or mislead any person or entity;
• Impersonate another business, individual, or organization;
• Process protected health information without a signed Business Associate Agreement with Zevaux;
• Probe, scan, test, or attempt to circumvent the security or authentication measures of the Services or any connected systems;
• Install or distribute malware, spyware, or other harmful code through the Services;
• Reverse engineer, copy, modify, sublicense, or create derivative works from the Services;
• Use the Services in any manner that creates disproportionate load on or disrupts Zevaux’s infrastructure or other customers’ use of the Services; or
• Use the Services in any manner that violates these Terms or applicable law.

Zevaux reserves the right to immediately suspend or terminate access and pursue all available legal remedies against any Subscriber who engages in prohibited use.

If you enable call recording, calls may be recorded and transcribed. Call recording laws vary by jurisdiction and may require one-party or two-party consent. You are solely responsible for determining the legal requirements applicable to your jurisdiction, for providing all required disclosures to Callers, and for obtaining any necessary consent before recording calls.

Zevaux disclaims all liability for claims arising from unlawful recording, improper disclosure, or failure to obtain required consent for recorded communications.

If you use SMS, email, or automated communication features, you represent and warrant that you have obtained lawful consent from all recipients as required by applicable law. You agree to honor opt-out requests promptly and to maintain appropriate records of consent.

Zevaux does not review, pre-approve, or control the content of messages sent through the Services and is not responsible for their legality, accuracy, or appropriateness.

7A. SMS Messaging Program Terms

If you enable SMS messaging through the Services, the following terms apply to end users of your business who receive messages sent through Zevaux:

• End users receive transactional text messages related to inquiries, appointments, service updates, booking confirmations, and customer support interactions.
• Message frequency varies based on user interaction and business activity.
• Message and data rates may apply.
• End users may opt out at any time by replying STOP. Additional opt-out keywords honored: CANCEL, UNSUBSCRIBE, QUIT, END, REVOKE.
• For assistance, end users may reply HELP or contact support@zevaux.com.
• Carriers are not liable for delayed or undelivered messages.
• SMS consent is not required as a condition of purchase.

Zevaux operates SMS messaging through an approved messaging campaign under JCER LLC. Subscribers are responsible for ensuring their customer-facing SMS use remains within the approved transactional scope. Promotional or marketing SMS outside this approved scope is not permitted without prior written authorization from Zevaux.

As between you and Zevaux, you retain ownership of the business data, caller data, customer information, and other content that you provide to the Services (“Your Data”).

You grant Zevaux a non-exclusive, worldwide, royalty-free license to process, store, transmit, and analyze Your Data solely for the purposes of providing and improving the Services, maintaining security, and complying with legal obligations.

Zevaux may use aggregated, anonymized data derived from Your Data for business analytics, product development, and AI model improvement, provided that such data does not identify you or your customers individually.

You represent and warrant that you have all rights necessary to provide Your Data to Zevaux and that Your Data does not violate any third-party rights or applicable law.

Unsolicited Submissions

If you submit unsolicited ideas, suggestions, feature requests, or other materials to Zevaux outside of a formal feedback process, you acknowledge that Zevaux has no obligation to keep such submissions confidential, compensate you for them, or refrain from independently developing similar features. Any such unsolicited submissions may be used by Zevaux without restriction or compensation.

Zevaux implements commercially reasonable technical and organizational safeguards designed to protect customer data from unauthorized access, disclosure, or loss. However, no system can be guaranteed to be completely secure, and you acknowledge that you provide data to the Services at your own risk.

You are responsible for safeguarding your credentials and for implementing appropriate security measures within your own systems and integrations.

In the event of a confirmed data breach affecting customer data within Zevaux’s control, Zevaux will provide notification as required by applicable law.

The Services may integrate with third-party platforms including telecommunications providers, payment processors, email and calendar services, and automation platforms. You acknowledge that such third-party services are governed by their own terms and privacy policies.

Zevaux does not control and is not responsible for the performance, availability, security, or data practices of third-party services. Disruption to third-party services may affect the availability of the Services, and Zevaux shall have no liability for such disruptions. Your use of third-party integrations is at your own risk.

11.1 Subscription Fees

Access to paid features of the Services requires a valid subscription. By subscribing, you authorize JCER LLC to charge your designated payment method on a recurring monthly basis for the applicable subscription fees. All fees are stated in U.S. dollars.

11.2 Free Trial

Zevaux may offer a free trial period of seven (7) calendar days. During the trial, you receive access to a designated feature tier subject to a limited allowance of AI receptionist minutes. Trial scope, duration, minute allowance, and feature access are subject to change at Zevaux’s discretion without notice. When your trial expires or you exhaust your trial minute allowance — whichever occurs first — paid features and usage-based services will cease until you subscribe to a paid plan.

11.3 Automatic Renewal

Subscriptions are billed on a monthly basis and automatically renew every 30 days from your subscription start date unless canceled prior to the renewal date in accordance with Section 12. You acknowledge that your subscription renews automatically and that you are responsible for canceling before renewal if you do not wish to be charged for the next billing period.

11.4 Payment Method

You must maintain a valid payment method on file at all times. You represent that you are authorized to use the payment method provided. Payments are processed through our third-party payment processor. By subscribing, you authorize our payment processor to store and charge your payment method on Zevaux’s behalf. If your payment method fails, Zevaux reserves the right to retry the charge and may suspend your access pending successful payment resolution.

11.5 Late Payment and Grace Period

If payment is not successfully collected on your renewal date, Zevaux will provide a short grace period during which your account remains active. If payment is not received within that grace period, Zevaux may suspend your account and release any Zevaux-assigned phone number associated with your account to the general number pool. The length of the grace period is determined by Zevaux in its sole discretion and may vary. Released phone numbers are not guaranteed to be available for recovery or reassignment upon resubscription. You are solely responsible for ensuring your payment method remains current and valid at all times.

11.6 Price Changes

Zevaux reserves the right to change subscription pricing at any time. We will provide at least 30 days’ prior written notice by email to your registered address before any price change takes effect for existing subscribers. Continued use of the Services after the effective date of a price change constitutes your acceptance of the new pricing.

11.7 Non-Refundable Fees

All subscription fees are non-refundable except as expressly required by applicable law. There are no refunds or credits for partially used billing periods, unused AI receptionist minutes, unused features within a subscription tier, plan downgrades, or any downtime attributable to third-party service providers.

12.1 Cancellation by You

You may cancel your subscription at any time through your Zevaux account dashboard. Cancellation takes effect at the end of your then-current 30-day billing period. You will retain access to paid features through the end of the paid period for which you have already been charged. No refunds or credits will be issued for any remaining unused days in your billing period upon cancellation.

12.2 Effect of Your Cancellation

Upon the effective date of your cancellation:

• Your right to access paid features of the Services immediately ceases.
• Any Zevaux-assigned phone number associated with your account will be released and may be reassigned to another user. Zevaux does not guarantee the availability of your phone number if you choose to resubscribe.
• You will have a reasonable period following cancellation to export or download your data, including call logs, transcripts, leads, and contact records, as communicated to you at the time of cancellation. After that period, Zevaux may permanently delete your data from its systems. Zevaux is not liable for data lost due to failure to export within this period.
• Your obligation to pay any outstanding fees, including charges already incurred, survives cancellation.

12.3 Termination by Zevaux

Zevaux may suspend or terminate your access to the Services immediately and without prior notice if:

• You violate any provision of these Terms;
• You fail to pay any subscription fee within the grace period described in Section 11.5;
• Zevaux determines, in its sole discretion, that your use of the Services involves fraudulent, illegal, abusive, or harmful activity;
• Your use of the Services creates legal, regulatory, reputational, or operational risk for Zevaux or its other customers;
• Zevaux determines that the Services are not appropriate for your business type or use case; or
• Zevaux ceases to offer the Services.

12.4 Effect of Termination by Zevaux

If Zevaux terminates your account for reasons under Sections 12.3(a) through (e), no refund will be issued for any prepaid fees. If Zevaux terminates your account solely because it ceases to offer the Services (Section 12.3(f)), Zevaux will provide a pro-rated refund of prepaid fees for the unused portion of your then-current billing period.

12.5 Survival

The following provisions survive any termination or expiration of your subscription: Sections 3, 5, 6, 7, 8, 11.7, 12.4, 13, 14, 15, 16, 17, and 18.

All rights, title, and interest in and to the Services — including software, AI systems, algorithms, trademarks, trade names, branding, and proprietary technology — are owned exclusively by JCER LLC or its licensors and are protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services during your active subscription period solely for your internal business purposes. You may not reverse engineer, copy, modify, sublicense, distribute, resell, or create derivative works based on the Services without prior written consent from Zevaux.

The Zevaux name, logo, and associated marks are trademarks of JCER LLC. Nothing in these Terms grants you any right to use Zevaux’s trademarks, trade names, or branding without prior written consent.

Only a duly authorized officer of JCER LLC may grant permission or a license to use any Zevaux intellectual property. Any attempted grant by any other person is invalid.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZEVAUX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ZEVAUX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS. ZEVAUX DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC BUSINESS REQUIREMENTS OR THAT ANY PARTICULAR BUSINESS OUTCOMES WILL RESULT FROM USE OF THE SERVICES.

AI-GENERATED OUTPUTS — INCLUDING CALL TRANSCRIPTS, EMAIL DRAFTS, APPOINTMENT SUMMARIES, AND LEAD CLASSIFICATIONS — ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND. NO ORAL OR WRITTEN INFORMATION OR REPRESENTATION FROM ZEVAUX SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZEVAUX’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES — WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE — SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO ZEVAUX DURING THE FOUR (4) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS ($100), WHICHEVER IS GREATER.

IN NO EVENT SHALL ZEVAUX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF ZEVAUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION AND SHALL SURVIVE TERMINATION OR EXPIRATION OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, ZEVAUX’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS JCER LLC, ZEVAUX, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO:

• Your use of or access to the Services;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or third-party right, including telecommunications, privacy, and consumer protection laws;
• Any content transmitted through your account, including SMS messages, emails, or AI-generated communications sent to your customers;
• Your failure to obtain required consents from callers, message recipients, or email recipients;
• Any claim by a third party arising from your use of the Services; or
• Your use of the Services in connection with protected health information without a valid Business Associate Agreement.

Notwithstanding the foregoing, Zevaux reserves the right to assume exclusive control of any matter subject to indemnification, in which case you agree to cooperate fully with Zevaux’s defense of such claim and reimburse Zevaux for its reasonable costs and attorneys’ fees as they are incurred.

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A CLASS ACTION WAIVER AND REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES. IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ZEVAUX.

17.1 Informal Resolution

Before initiating any formal legal proceeding, the disputing party must provide written notice to the other party at the contact information set forth in Section 21, describing the dispute in reasonable detail and the relief sought. The parties agree to attempt to resolve the dispute informally and in good faith for a period of thirty (30) days from the date of such notice. If the dispute is not resolved within 30 days, either party may commence arbitration as described below.

17.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services, that is not resolved informally under Section 17.1 shall be resolved exclusively by binding arbitration conducted in the Commonwealth of Maryland, United States, in accordance with applicable arbitration rules, except where such arbitration is prohibited by law.

Nothing in this Section prevents either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration.

17.3 Class Action Waiver

YOU AND ZEVAUX EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. YOU MAY ONLY BRING CLAIMS AGAINST ZEVAUX IN YOUR INDIVIDUAL CAPACITY.

17.4 Time Limitation on Claims

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. ANY CLAIM NOT FILED WITHIN THIS PERIOD IS PERMANENTLY BARRED.

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Maryland, United States, without regard to its conflict-of-law principles. Any legal action not subject to arbitration under Section 17 shall be brought exclusively in the state or federal courts located in Maryland, and you consent to the personal jurisdiction and venue of such courts.

Zevaux reserves the right to modify these Terms at any time. When we make material changes, we will provide at least 14 days’ prior notice by email to your registered address or by prominent notice within the Services. The updated Terms will include a new “Last Updated” date. Continued use of the Services after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, your sole remedy is to cancel your subscription and discontinue use of the Services.

20.1 Entire Agreement

These Terms, together with any additional terms, policies, or agreements referenced herein (including any executed Business Associate Agreement), constitute the entire agreement between you and Zevaux with respect to the Services and supersede all prior agreements, representations, and understandings.

20.2 Relationship of Parties

The relationship between you and Zevaux is solely that of independent contractors. These Terms do not create any partnership, joint venture, employment relationship, or similar business relationship. Neither party may represent, assume, or create obligations on behalf of the other.

20.3 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

20.4 Waiver

Zevaux’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Zevaux.

20.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without Zevaux’s prior written consent. Zevaux may assign these Terms or any rights hereunder without restriction, including in connection with a merger, acquisition, or sale of assets. Any purported assignment in violation of this Section is void.

20.6 Force Majeure

Zevaux shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, telecommunications infrastructure failures, third-party service provider outages, government actions, or other events beyond Zevaux’s reasonable control.

20.7 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Zevaux and do not create any third-party beneficiary rights. No third party shall have any right to enforce any provision of these Terms.

20.8 Notices

Any notices or communications provided under these Terms shall be given by Zevaux to you via email to the address on your account or by posting notice within the Services. Notices to Zevaux shall be sent to support@zevaux.com. Notices are deemed received on the date sent by email, provided no delivery failure notification is received.