Terms of Service

1. Agreement to Terms

By accessing or using ChirpReply (“the Service”), operated by ChirpReply (“we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service. These Terms apply to all users, including business owners, team members, and visitors.

2. Description of Service

ChirpReply is an AI-powered voice and text receptionist platform that answers phone calls, handles text messages, books appointments, dispatches service technicians, manages customer lifecycle communications, and provides a business dashboard. The Service operates through integration with third-party providers including Twilio (voice/SMS), Vapi (voice AI), Anthropic Claude (conversation AI), Google Calendar, Stripe (payments), and Clerk (authentication).

3. Account Registration

To use ChirpReply, you must create an account and provide accurate, complete information about yourself and your business. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must be at least 18 years old and have the legal authority to bind your business to these Terms. You agree to notify us immediately of any unauthorized use of your account.

4. Billing and Payments

ChirpReply offers three subscription plans: Starter ($199/month), Pro ($199/month), and Business ($399/month). All plans are billed monthly in advance via Stripe. Prices are in US dollars and do not include applicable taxes.

No free tier: The AI receptionist activates only after payment is confirmed. Overages: If you exceed your monthly call or text allotment, overages are billed at $0.50 per call and $0.10 per text at the end of the billing cycle. Credit top-ups: You may purchase additional call or text credits at any time. Credits do not expire. Plan changes: You may upgrade or downgrade at any time. Upgrades are prorated and take effect immediately. Downgrades take effect at the next billing cycle. Cancellation: You may cancel your subscription at any time. Service continues until the end of the current billing period. No refunds are provided for partial months except as described in our 14-day satisfaction guarantee.

5. 14-Day Satisfaction Guarantee

If you are not satisfied with ChirpReply within 14 days of your first payment, contact us at support@chirpreply.com for a full refund of your first month. This guarantee applies only to first-time subscribers.

6. Acceptable Use

You agree not to use ChirpReply to:

• Violate any applicable law, regulation, or third-party rights
• Send spam, unsolicited messages, or bulk marketing texts without consent
• Transmit any harmful, offensive, or illegal content
• Attempt to reverse-engineer, decompile, or extract the AI models or algorithms
• Impersonate another person or business
• Interfere with or disrupt the Service or its infrastructure
• Use the Service for any purpose other than legitimate business communications
• Resell or sublicense the Service without written permission

We reserve the right to suspend or terminate accounts that violate these terms.

7. Telephony Compliance

You are responsible for complying with all applicable telecommunications laws and regulations, including the Telephone Consumer Protection Act (TCPA), state recording consent laws, CAN-SPAM Act (for email communications), and local business communication regulations. ChirpReply provides tools to assist with compliance, including recording disclosures and opt-out mechanisms, but compliance remains your responsibility. You must ensure that your use of automated text messages and calls complies with consent requirements in your jurisdiction.

8. Call Recording and Data

ChirpReply records and transcribes phone calls to provide transcripts, analytics, and quality assurance. You acknowledge and agree that call recordings are stored for 12 months, callers are notified of recording via automated disclosure, you are responsible for compliance with two-party consent laws in applicable states, and call data is processed by third-party providers (Twilio, Vapi, Anthropic) as described in our Privacy Policy.

9. AI Limitations

ChirpReply uses artificial intelligence to handle phone calls and text messages. While we strive for accuracy and reliability, you acknowledge that AI responses may occasionally be inaccurate or inappropriate, the AI may not handle every caller scenario perfectly, critical or emergency situations should not rely solely on AI handling, and we offer a supervised mode for the first 2 weeks to help identify and correct issues. ChirpReply is not a substitute for emergency services (911) and should not be relied upon for medical, legal, or safety emergencies.

10. Intellectual Property

The Service, including its software, design, features, and content, is owned by ChirpReply and protected by copyright, trademark, and other intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for your business purposes. You retain ownership of your business data, call recordings, and customer information.

11. Service Availability

We aim to maintain 99.9% uptime for the Service but do not guarantee uninterrupted availability. Service may be temporarily unavailable due to maintenance (planned or emergency), third-party provider outages (Twilio, Vapi, etc.), force majeure events, or technical issues. We will make commercially reasonable efforts to minimize downtime and will notify you of planned maintenance in advance.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHIRPREPLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, REVENUE, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless ChirpReply, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or violation of any law or third-party rights.

14. Termination

We may suspend or terminate your account if you violate these Terms, fail to pay for the Service, use the Service for illegal purposes, or upon 30 days written notice for any reason. Upon termination, your right to use the Service ceases immediately. You may export your data before termination. We will retain your data for 30 days after termination, after which it will be permanently deleted.

15. Dispute Resolution

Any dispute arising from these Terms or the Service shall first be addressed through informal negotiation. If unresolved within 30 days, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Class action lawsuits and class-wide arbitration are waived.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law provisions.

17. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or in-app notification at least 30 days before the changes take effect. Continued use of the Service after changes constitutes acceptance.

18. Contact

Questions about these Terms? Contact us at:

ChirpReply
Email: legal@chirpreply.com
Website: chirpreply.com