Terms of Service
Last Updated: December 31, 2024
1. Acceptance of Terms
By accessing and using Badger Booking ("Service"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.
2. Description of Service
Badger Booking provides an AI-powered assistant technology for phone answering and appointment booking for service businesses. Our Service includes:
- 24/7 AI assistant for phone answering
- Automated appointment booking and scheduling assistance
- Call transcripts and analytics
- Client management tools
- Calendar integration
Important: Our AI technology is an assistive tool designed to support your business operations. It is not a replacement for human judgment, supervision, or decision-making. You retain full responsibility for all aspects of your business operations, customer service, and customer interactions.
3. Account Registration
To use the Service, you must:
- Be at least 18 years old
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Promptly update your account information if it changes
- Accept responsibility for all activities under your account
4. Subscription and Payment
4.1 Subscription Plans
We offer monthly subscription plans with different minute allocations. All plans include a one-time setup fee charged with your first payment.
4.2 Billing
- Subscriptions are billed monthly in advance
- Payment is processed through Stripe
- You authorize us to charge your payment method on file
- All fees are non-refundable except as required by law
- We reserve the right to change pricing with 30 days notice
4.3 Usage Limits
Each plan includes a monthly minute allocation. Minutes reset at the start of each billing period and do not roll over. If you exceed your allocation, we may contact you to upgrade your plan.
5. Cancellation and Termination
5.1 Your Right to Cancel
You may cancel your subscription at any time from your billing dashboard. Cancellation takes effect at the end of your current billing period.
5.2 Our Right to Terminate
We may suspend or terminate your account if you:
- Violate these Terms
- Fail to pay fees when due
- Use the Service for illegal or fraudulent purposes
- Abuse or misuse the Service
6. Acceptable Use
You agree not to:
- Use the Service for any illegal purpose
- Attempt to gain unauthorized access to our systems
- Reverse engineer or copy any part of the Service
- Use the Service to transmit spam or malicious content
- Impersonate another person or entity
- Interfere with or disrupt the Service
- Share your account credentials with others
7. Intellectual Property
The Service, including all content, features, and functionality, is owned by Badger Booking and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.
8. AI Assistant Service and Call Recording
8.1 AI as Assistive Technology
The AI technology provided by Badger Booking is an assistive tool only. By using our Service, you acknowledge and agree that:
- The AI assistant may make errors, misunderstand requests, or provide incorrect responses
- You are solely responsible for all customer interactions and the quality of service provided to your customers
- You must actively monitor, review, and verify all AI interactions and appointments
- The AI does not replace your professional judgment or business decision-making
- You remain fully liable for all business operations and customer service outcomes
8.2 Call Recording and Consent
By using our Service:
- You consent to AI processing of phone calls
- You confirm you have the legal right to record calls in your jurisdiction
- You agree that call recordings may be used to train and improve our AI technology
- You are solely responsible for complying with all applicable call recording laws
- You are responsible for obtaining any required consent from callers
8.3 No Liability for AI Actions
Badger Booking is not liable for any errors, omissions, inappropriate responses, miscommunications, missed appointments, incorrect bookings, or any other issues arising from AI interactions with your customers. You accept full responsibility for reviewing and correcting any AI-generated communications or bookings.
9. Data and Privacy
Your use of the Service is also governed by our Privacy Policy. We process your data in accordance with applicable data protection laws, including GDPR.
10. Disclaimers and Limitations of Liability
IMPORTANT LEGAL NOTICE
10.1 Service Provided "As Is"
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.2 No Guarantee of AI Accuracy
Our AI assistant is assistive technology that may make errors. We do not guarantee that the AI will:
- Perfectly understand or respond to all calls
- Accurately book all appointments or record correct information
- Handle all customer requests appropriately
- Avoid miscommunications or misunderstandings
- Operate without errors or interruptions
You are solely responsible for monitoring, verifying, and correcting all AI interactions. You must have processes in place to review AI performance and customer satisfaction.
10.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BADGER BOOKING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.
10.4 AI Assistant Limitations and Your Responsibilities
CRITICAL: AI IS ASSISTIVE TECHNOLOGY ONLY
You acknowledge and accept that:
- The AI assistant is a support tool, not a substitute for human oversight
- AI technology has inherent limitations and may produce unexpected or incorrect results
- You must implement adequate supervision and quality control measures
- You bear full responsibility for all customer interactions, regardless of whether handled by AI
- You are liable for any damages, disputes, or issues arising from AI interactions with your customers
- Badger Booking provides the AI tool "as is" without warranties regarding its performance, accuracy, or suitability for your specific business needs
BY USING THIS SERVICE, YOU AGREE TO HOLD BADGER BOOKING HARMLESS FROM ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM AI ERRORS, MISCOMMUNICATIONS, MISSED APPOINTMENTS, INCORRECT BOOKINGS, OR ANY OTHER AI-RELATED ISSUES.
11. Indemnification
You agree to indemnify and hold harmless Badger Booking and its affiliates from any claims, damages, losses, or expenses arising from your use of the Service, violation of these Terms, or violation of any rights of another party.
12. Dispute Resolution
Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through a prominent notice on our Service. Your continued use of the Service after such notice constitutes acceptance of the modified Terms.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
16. Contact Information
If you have questions about these Terms, please contact us:
Email: legal@badgerbooking.com
Support: support@badgerbooking.com