Terms of Use

1. Definitions

In these Terms of Use, the following words and expressions have the meanings set out below:

• "Phone Phoebe", "we", "us", "our" means the operator of the Phone Phoebe service, a business based in the United Kingdom.
• "Service" means the Phone Phoebe AI phone receptionist platform, including the website, dashboard, AI call-handling functionality, call transcription, booking integration, SMS notifications and all related features.
• "You", "your", "Customer" means the individual or business entity that has created an account and is using the Service.
• "Subscription" means a recurring monthly payment plan that grants access to the Service.
• "End-customers" means the callers who telephone your business number and whose calls are answered by Phoebe on your behalf.
• "Content" means all data, text, information and materials you provide to us, including your business configuration data and any information uploaded to the dashboard.
• "AI Agent" or "Phoebe" means the AI-powered voice assistant that answers calls and interacts with your end-customers.

2. Acceptance of Terms

By accessing or using the Service, you confirm that:

1. You are at least 18 years of age;
2. You have the legal capacity to enter into a binding contract;
3. If you are entering into these Terms on behalf of a business or other legal entity, you have the authority to bind that entity to these Terms;
4. You have read, understood and agree to be bound by these Terms; and
5. You have read and agree to our Privacy Policy, which is incorporated into these Terms by reference.

These Terms form a legally binding agreement between you and Phone Phoebe. If you do not accept these Terms, you must not use the Service.

3. Description of the Service

Phone Phoebe provides an AI-powered telephone receptionist service that:

• Answers incoming telephone calls on your behalf using an AI voice agent
• Conducts natural-language conversations with your end-customers
• Captures caller details, enquiry information and booking requests
• Sends you real-time notifications by SMS and email
• Optionally books appointments directly into connected calendar systems
• Provides call transcripts and a management dashboard

The specific features available to you depend on your Subscription plan. We reserve the right to modify, update or discontinue features of the Service at any time, provided that we give reasonable notice for material changes.

4. Account Registration and Security

4.1 Registration

To use the Service, you must create an account by providing accurate and complete information including your name, email address and business name. You agree to keep this information up to date.

4.2 Account security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Choose a strong, unique password and not share it with others;
• Notify us immediately if you suspect any unauthorised access to your account;
• Log out at the end of each session on shared devices;
• Not allow any other person to use your account credentials.

We are not liable for any loss or damage arising from your failure to maintain account security.

4.3 One account per business

Each account is for a single business. You may add team members to your account under the applicable plan, but you may not share your account credentials or transfer your account to another business.

5. Subscription and Billing

5.1 Plans and pricing

The Service is available on a monthly subscription basis. Our current plans and pricing are published on our Pricing page. We may change our pricing from time to time with at least 30 days' notice.

5.2 Payment

Payments are processed securely by Stripe. By providing payment details, you authorise us to charge your chosen payment method on a recurring monthly basis. All prices are quoted in pounds sterling (GBP) and are inclusive of VAT where applicable.

5.3 Billing cycle

Your Subscription renews automatically on the same day each month (your "renewal date"). Your payment method will be charged on each renewal date. You are responsible for ensuring your payment method remains valid.

5.4 Failed payments

If a payment fails, we will attempt to retry the charge. If payment remains outstanding after 7 days, we reserve the right to suspend or terminate your access to the Service until payment is received.

5.5 Price changes

We will give you at least 30 days' notice of any price increase, either by email or within the dashboard. If you do not wish to continue at the new price, you may cancel before the new price takes effect.

5.6 Refunds

Given the nature of the Service, we do not generally offer refunds for partial months or unused time. However, if you experience a service outage or technical failure directly attributable to us lasting more than 24 consecutive hours in a billing month, you may request a pro-rated credit for that period. Refunds at our discretion may be offered in exceptional circumstances. Please contact us at corkhill17@gmail.com if you believe a refund is warranted.

6. Free Trial

New customers are offered a 7-day free trial ("Trial Period") upon registration. During the Trial Period:

• No payment details are required;
• You have access to the features of your selected plan;
• These Terms apply in full.

At the end of the Trial Period, you will need to provide payment details and select a plan to continue using the Service. Your access will be suspended if you do not do so.

We reserve the right to modify or withdraw the free trial offer at any time, and to limit the number of free trials per business or individual.

7. Acceptable Use

7.1 Permitted use

You may use the Service only for lawful business purposes in accordance with these Terms and all applicable laws and regulations.

7.2 Prohibited uses

You must not use the Service to:

• Violate any applicable law, regulation, or the rights of any third party;
• Make or facilitate fraudulent, misleading or deceptive calls;
• Engage in cold-calling, telemarketing or unsolicited contact in breach of the UK Privacy and Electronic Communications Regulations (PECR) or similar laws;
• Harass, threaten, intimidate or abuse any person;
• Process the personal data of children under the age of 18 without appropriate parental consent;
• Process sensitive personal data (including health, financial, political or criminal data) without ensuring you have appropriate legal safeguards in place;
• Reverse engineer, decompile, disassemble or attempt to derive the source code of any part of the Service;
• Scrape, copy or extract data from the Service in an automated manner without our express written consent;
• Introduce malware, viruses or any other harmful code into the Service;
• Circumvent, disable or interfere with any security feature of the Service;
• Resell, sublicense or commercially exploit the Service without our express written agreement;
• Use the Service to make claims, representations or commitments on behalf of third parties that you have no authority to make.

We reserve the right to suspend or terminate accounts that breach these acceptable use provisions without notice.

8. Intellectual Property

8.1 Our IP

All intellectual property rights in the Service — including the software, AI models, branding, website design, documentation, interface elements and any improvements — belong to Phone Phoebe or our licensors. Nothing in these Terms grants you any ownership of or licence to our intellectual property beyond the limited right to access and use the Service during your active Subscription.

8.2 Feedback

If you provide us with suggestions, ideas, bug reports or feedback relating to the Service ("Feedback"), you grant us a perpetual, royalty-free, worldwide licence to use, reproduce, modify and incorporate that Feedback into the Service without any obligation to you.

8.3 Trade marks

"Phone Phoebe" and our logo are trade marks of Phone Phoebe. You may not use our trade marks in any way that could mislead or confuse, or that suggests endorsement by us, without our prior written consent.

9. Your Content and Licence

You retain ownership of all Content you provide to us, including your business configuration data, scripts and any other materials you upload to the Service.

By providing Content to us, you grant Phone Phoebe a non-exclusive, worldwide, royalty-free licence to use, store, process and display that Content solely for the purpose of providing and improving the Service.

You represent and warrant that:

• You own or have the right to provide all Content you submit to us;
• Your Content does not infringe any third-party intellectual property rights; and
• Your Content does not violate any applicable law.

10. Data Processing

When you use the Service, we process personal data about you (as data controller) and, on your behalf, personal data about your end-customers (as data processor). Our collection and use of personal data is governed by our Privacy Policy.

In your capacity as data controller for your end-customers' data, you are responsible for ensuring that your use of the Service complies with all applicable data protection laws, including the UK GDPR and the Data Protection Act 2018. This includes obtaining any necessary consents and ensuring you have a lawful basis for processing.

Our obligations as data processor are set out in our Privacy Policy, which together with these Terms constitutes the Data Processing Agreement between us.

11. Third-Party Services and Integrations

The Service integrates with or relies on third-party services, including Stripe (payments), Vapi.ai (AI voice processing), Cal.com (calendar booking) and SMS gateway providers. Your use of these integrations is subject to the terms and privacy policies of the relevant third parties.

We are not responsible for the availability, performance or content of any third-party services. We will notify you of significant changes to the third-party services we use where we reasonably believe they may materially affect your use of the Service.

12. Service Availability and Maintenance

We aim to provide the Service 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted availability. The Service may occasionally be unavailable due to:

• Scheduled maintenance (for which we will provide advance notice where practicable);
• Unplanned outages or technical failures;
• Events beyond our reasonable control (see Force Majeure, below).

We will use reasonable endeavours to restore the Service as quickly as possible in the event of an unplanned outage.

Force Majeure

We shall not be liable for any failure or delay in providing the Service that results from circumstances outside our reasonable control, including (without limitation) natural disasters, civil unrest, cyberattacks on critical infrastructure, failures of third-party internet services, or acts of government.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available". To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including (without limitation):

• That the Service will meet your specific requirements;
• That Phoebe's responses will be accurate, complete, appropriate or error-free in every case;
• That the Service will be uninterrupted, timely, secure or free from errors;
• That any errors in the Service will be corrected;
• That the Service is fit for any particular purpose.

You acknowledge that AI-generated responses may sometimes be inaccurate or inappropriate, and that you are responsible for reviewing and validating call transcripts and booking information before relying on them.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable UK law.

14. Limitation of Liability

Subject to Section 13 above, and to the fullest extent permitted by law:

1. Our total aggregate liability to you for any loss, damage or claim arising from or in connection with the Service — whether in contract, tort (including negligence), breach of statutory duty or otherwise — shall not exceed the greater of: (a) the total fees paid by you for the Service in the 3 months immediately preceding the event giving rise to the claim; or (b) £100.
2. We shall not be liable for any: (a) loss of profits; (b) loss of business; (c) loss of revenue; (d) loss of anticipated savings; (e) loss of data; (f) loss of goodwill; or (g) indirect, special, incidental, consequential or punitive losses — even if we have been advised of the possibility of such losses.
3. We shall not be liable for any losses arising from: (a) your failure to maintain accurate business configuration data; (b) incorrect or outdated information provided to Phoebe; (c) your failure to review call transcripts; (d) your end-customers' actions or omissions; or (e) incompatibility with your existing systems or telephone arrangements.

Some jurisdictions do not allow certain limitations of liability. In such cases, our liability shall be limited to the maximum extent permitted by applicable law.

15. Indemnification

You agree to indemnify, defend and hold harmless Phone Phoebe and its officers, employees, contractors and agents against any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from or in connection with:

• Your breach of these Terms;
• Your violation of any applicable law or regulation;
• Your Content or business configuration data;
• Your use of the Service in a manner not permitted by these Terms;
• Any claim by an end-customer relating to your use of Phoebe on their call; or
• Your breach of your obligations as a data controller under applicable data protection law.

16. Cancellation and Termination

16.1 Cancellation by you

You may cancel your Subscription at any time by contacting us at corkhill17@gmail.com or through the cancellation option in your dashboard. Cancellation takes effect at the end of your current billing period. You will not receive a refund for any unused time in the current billing period.

16.2 Termination by us

We may suspend or terminate your account and access to the Service immediately and without notice if:

• You breach any material provision of these Terms;
• You engage in any prohibited use described in Section 7;
• You fail to pay any amount due and do not resolve the payment within 7 days of notification;
• We are legally required to do so; or
• We discontinue the Service (in which case we will give you at least 30 days' notice).

16.3 Effect of termination

On termination or cancellation:

• Your access to the Service will be revoked;
• Phoebe will no longer answer calls on your behalf;
• You may request an export of your call transcripts and configuration data within 30 days of termination, after which we may delete it;
• Any accrued but unpaid amounts remain due and payable.

Sections 8, 13, 14, 15, 17 and 18 survive termination of these Terms.

17. Dispute Resolution

If a dispute arises between you and Phone Phoebe, we ask that you contact us in the first instance to seek an informal resolution. Please email corkhill17@gmail.com describing the nature of your dispute and your preferred resolution.

If we are unable to resolve the dispute informally within 30 days, either party may refer the matter to the courts as set out in Section 18.

Nothing in this clause prevents either party from seeking urgent or interim relief from a court where appropriate.

18. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim arising out of or in connection with these Terms.

If you are a consumer (i.e., acting for purposes outside your trade, business or profession), nothing in these Terms affects your statutory rights under English consumer protection law, and you may also be entitled to bring proceedings in the courts of your country of residence.

19. Changes to These Terms

We may amend these Terms from time to time. When we make material changes, we will:

• Give you at least 14 days' notice by email and/or by displaying a prominent notice in the dashboard;
• Update the "last updated" date at the top of this page.

Your continued use of the Service after the effective date of any amended Terms constitutes your acceptance of those changes. If you do not agree to the amended Terms, you must stop using the Service and cancel your Subscription before the changes take effect.

20. General Provisions

Entire agreement

These Terms, together with our Privacy Policy and any plan-specific documentation, constitute the entire agreement between you and Phone Phoebe relating to the Service and supersede all prior agreements, representations or understandings.

Waiver

A failure or delay by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable by a court of competent jurisdiction, that provision shall be limited or removed to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a successor entity in connection with a merger, acquisition or sale of assets, provided that the successor entity assumes all of our obligations hereunder.

No partnership

Nothing in these Terms creates any partnership, joint venture, agency, employment or franchise relationship between you and Phone Phoebe.

Notices

Notices from us to you will be sent to the email address associated with your account. You are responsible for keeping your contact details up to date. Notices from you to us should be sent by email to corkhill17@gmail.com.

21. Contact Us

If you have any questions about these Terms of Use, please contact us:

Phone Phoebe
Email: corkhill17@gmail.com
Country: United Kingdom

We aim to respond to all enquiries within 5 working days.