Terms of Service

1. Agreement to Terms

By accessing or using TimkaMe.com ("Service," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including businesses that subscribe to our AI phone receptionist service.

2. Description of Service

TimkaMe.com provides an AI-powered phone receptionist service that:

• Answers incoming calls on behalf of your business using AI voice assistants
• Makes outbound follow-up calls to existing customers (appointment reminders, missed call callbacks)
• Converses with customers using natural language AI
• Collects customer information and appointment requests
• Sends appointment confirmations and reminders via SMS
• Manages your business calendar and customer data
• Provides analytics and reporting on call activity

2.2 Call Recording and AI Disclosure

All calls processed through TimkaMe.com are recorded. At the beginning of every call (both inbound and outbound), the AI assistant automatically discloses:

• That the call may be recorded
• That the caller/recipient is speaking with an AI assistant

This disclosure is mandatory and cannot be disabled or modified by the business subscriber. This ensures compliance with federal and state wiretapping laws, including two-party consent states (California, Florida, Illinois, and others), and the California BOT Act (SB 1001).

2.2.1 AI-Specific Consent

By using TimkaMe.com's services, you acknowledge and agree that:

• AI-Generated Voice Calls: All calls processed through the Service use artificial intelligence to generate voice responses. Under FCC regulations effective February 2024, such calls are classified as using an "artificial or prerecorded voice" under the TCPA.
• Express Prior Consent Required: For outbound calls, you must obtain express prior written consent from recipients before initiating AI-generated voice calls, as required by the TCPA and FCC rules.
• Mandatory AI Disclosure: The AI assistant will always disclose its AI nature at the start of every call. This disclosure cannot be disabled, modified, or circumvented.
• Consumer Right to Opt-Out: Recipients of AI-generated calls must be able to opt out of future calls at any time during or after the call. You must honor all such opt-out requests immediately.

2.3 Outbound Calling Restrictions

Outbound calls made through TimkaMe.com are strictly limited to follow-up communications with existing customers only. Permitted use cases include:

• Appointment follow-up and reminders
• Missed call callbacks
• Service completion follow-up
• Estimate follow-up
• Seasonal service reminders to existing customers

All outbound calls require explicit consent from the recipient, collected either during a prior inbound call or via a web consent form. Consent records are maintained for a minimum of 5 years per TCPA requirements.

Prohibited outbound activities:

• Cold calling or telemarketing to new prospects
• Bulk unsolicited calls
• Calls to numbers not associated with existing customer relationships
• Uploading or importing external phone number lists for outbound calling
• Calls outside TCPA-permitted hours (before 8:00 AM or after 9:00 PM recipient's local time)
• Calls to numbers on the Do Not Call (DNC) list

2.4 Data Processor and Controller Roles

Under applicable data protection laws:

• You (the business subscriber) are the Data Controller — you determine why and how customer personal data is processed
• TimkaMe.com is the Data Processor — we process customer data only on your behalf and according to your instructions

As the Data Controller, you are responsible for obtaining necessary consents from your customers and complying with applicable privacy laws. We process data only as necessary to provide the Service.

3. Account Registration

3.1 Account Creation

To use the Service, you must:

• Register an account with accurate and complete information
• Be at least 18 years old or have legal authority to enter into contracts
• Represent a legitimate business entity
• Maintain the security of your account credentials

3.2 Account Responsibility

You are responsible for all activities that occur under your account. You must immediately notify us of any unauthorized access or security breach.

4. Subscription Plans and Billing

4.1 Free Trial

• New accounts receive a 7-day free trial with up to 15 minutes of AI calls
• Trial calls are limited to 3 minutes per call and 3 calls per day
• No credit card required for trial
• Trial automatically ends after 15 minutes or 7 days (whichever comes first)

4.2 Paid Plans

After the trial, you must select a paid plan to continue using the Service. Plans are billed based on included minutes (60/60 rounding — each call is rounded up to the nearest full minute, with calls under 10 seconds not billed):

• Starter ($39/month): 150 included minutes, overage at $0.20/min
• Professional ($79/month): 300 included minutes, overage at $0.19/min

4.2.1 Pre-Paid Overage Credits

You may purchase pre-paid overage credits in the following denominations: $10, $25, $50, or $100. Pre-paid credits:

• Never expire
• Are applied automatically when your included plan minutes are exhausted
• Are refundable within 30 days of purchase if unused
• Are consumed at the overage rate of your current plan

4.3 Overage Charges

Calls exceeding your plan's included minutes will be billed at the overage rate specified in your plan, or deducted from your pre-paid credit balance if available. You will be notified when you reach 80% of your plan limit.

4.4 Payment Terms

• Subscriptions are billed monthly in advance
• Payments are processed securely through Stripe
• Failed payments may result in service suspension
• No refunds for partial months or unused plan minutes. Pre-paid overage credits are refundable within 30 days of purchase if unused

4.5 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds will be issued for the remaining portion of the billing period.

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service for:

• Managing incoming calls for your legitimate business
• Scheduling appointments and managing customer information
• Sending appointment-related SMS notifications to consenting customers

5.2 Prohibited Activities

You may NOT use the Service for:

• ❌ Illegal activities or fraudulent purposes
• ❌ Sending spam, unsolicited marketing, or bulk SMS messages
• ❌ Violating TCPA or other telecommunications laws
• ❌ Harassing, threatening, or abusive communications
• ❌ Impersonating another person or business
• ❌ Circumventing usage limits or security features
• ❌ Reverse engineering or attempting to access source code
• ❌ Interfering with the Service's operation or infrastructure

5.3 Consequences of Violation

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund. We reserve the right to report illegal activities to law enforcement.

6. Service Limitations and Fair Use

6.1 Call Duration Limits

To prevent abuse and ensure fair use, calls are automatically limited based on your plan:

• Trial: 3 minutes per call, 3 calls per day
• Starter: 5 minutes per call
• Professional: 5 minutes per call

6.2 Rate Limiting

• Maximum 10 calls per hour from the same phone number
• Calls exceeding this limit may be automatically declined

6.3 Service Availability

We target 99.9% uptime as a performance goal, but this is not a guarantee or service level commitment. We do not guarantee uninterrupted service and are not liable for any downtime. Scheduled maintenance will be announced in advance when possible. No credits, refunds, or compensation will be provided for service unavailability.

7. Intellectual Property

7.1 Our Property

The Service, including all software, designs, text, graphics, and other content, is owned by TimkaMe.com and protected by copyright, trademark, and other intellectual property laws.

7.2 Your Data

You retain all rights to your business data, customer information, and call transcripts. By using the Service, you grant us a limited license to process this data to provide the Service.

7.3 Feedback

If you provide feedback or suggestions about the Service, we may use them without obligation or compensation to you.

8. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. Please review it carefully to understand how we collect, use, and protect your information.

Key points:

• We collect and process data necessary to provide the Service
• We do not sell your personal information to third parties
• We use industry-standard security measures to protect your data
• You can request deletion of your data at any time

9. Disclaimers and Limitation of Liability

9.1 Service "AS IS"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 AI Accuracy and Limitations

IMPORTANT: Our AI assistant uses advanced machine learning technology, but it is not perfect and has inherent limitations:

• The AI may occasionally misunderstand conversations, mishear words, or extract incorrect information
• The AI may fail to capture important details or make incorrect assumptions
• The AI's responses may not always be appropriate for every situation
• Transcriptions may contain errors, especially with accents, background noise, or unclear speech
• The AI cannot replace human judgment and should not be relied upon for critical business decisions

YOU ARE SOLELY RESPONSIBLE FOR:

• Verifying all important details with your customers
• Confirming appointment information before providing services
• Following up on ambiguous or unclear customer requests
• Maintaining backup systems for critical business communications

WE ARE NOT LIABLE for any losses, damages, or business consequences resulting from AI errors, misunderstandings, or incorrect information extraction.

9.3 NO LIABILITY FOR SERVICE INTERRUPTIONS

TIMKAME.COM SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR BUSINESS CONSEQUENCES ARISING FROM:

• ❌ Service Outages: Downtime, maintenance, server failures, or service unavailability
• ❌ Missed Calls: Calls not answered, dropped calls, or calls routed incorrectly
• ❌ Lost Appointments: Appointments not scheduled, scheduled incorrectly, or cancelled due to system errors
• ❌ Network Issues: Internet connectivity problems, DNS failures, or routing errors
• ❌ Performance Degradation: Slow response times, delayed SMS delivery, or reduced service quality

YOU ACKNOWLEDGE THAT:

• No software service can guarantee 100% uptime
• Service interruptions may occur without warning
• You are responsible for maintaining backup communication methods
• We are not liable for lost business opportunities during outages

9.4 NO LIABILITY FOR THIRD-PARTY FAILURES

Our Service relies on third-party providers for critical infrastructure. WE ARE NOT LIABLE FOR ANY FAILURES, ERRORS, OR ISSUES ARISING FROM:

• ❌ Twilio: Phone service outages, call quality issues, SMS delivery failures
• ❌ OpenAI: API downtime, rate limiting, model errors, or degraded performance
• ❌ Deepgram: Speech recognition errors, audio analysis failures
• ❌ Stripe: Payment processing issues, billing errors, or transaction failures
• ❌ Supabase/Hetzner: Database outages, data center failures, or hosting issues
• ❌ Internet Service Providers: Network outages, routing problems, or connectivity issues

We make reasonable efforts to select reliable providers, but we cannot control or guarantee the performance of third-party services.

9.5 NO LIABILITY FOR BUSINESS LOSSES

UNDER NO CIRCUMSTANCES SHALL TIMKAME.COM BE LIABLE FOR:

• ❌ Lost Customers: Customers who choose competitors due to service issues
• ❌ Lost Revenue: Income not earned due to missed calls, failed appointments, or service problems
• ❌ Reputation Damage: Negative reviews, customer complaints, or brand harm
• ❌ Business Interruption: Operations disrupted by service outages or failures
• ❌ Opportunity Costs: Potential business lost during service unavailability
• ❌ Employee Productivity: Time wasted dealing with service issues or customer complaints
• ❌ Customer Dissatisfaction: Frustrated customers due to AI errors or service problems

YOU ACKNOWLEDGE THAT: Using an AI service involves inherent business risks, and you are solely responsible for managing these risks and maintaining customer relationships.

9.6 NO LIABILITY FOR DATA LOSS

WE ARE NOT LIABLE FOR ANY DATA LOSS, CORRUPTION, OR UNAVAILABILITY, INCLUDING:

• ❌ Call transcripts lost due to system failures
• ❌ Customer information deleted or corrupted
• ❌ Appointment records lost during outages
• ❌ Analytics data unavailable or incorrect
• ❌ Backup failures or incomplete data recovery

YOU ARE RESPONSIBLE FOR: Maintaining your own backups of critical business data and customer information. We recommend exporting important data regularly.

9.7 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIMKAME.COM'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED:

The greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) $100 USD.

9.8 Excluded Damages

IN NO EVENT SHALL TIMKAME.COM BE LIABLE FOR:

• ❌ Indirect, incidental, special, consequential, or punitive damages
• ❌ Loss of profits, revenue, data, use, goodwill, or other intangible losses
• ❌ Damages resulting from unauthorized access, hacking, or security breaches
• ❌ Damages resulting from your violation of these Terms
• ❌ Damages resulting from your reliance on the Service for critical operations

These limitations apply even if we have been advised of the possibility of such damages.

9.9 TCPA Liability

YOU AGREE TO INDEMNIFY AND HOLD TIMKAME.COM HARMLESS FROM ANY CLAIMS, DAMAGES, OR PENALTIES ARISING FROM YOUR VIOLATION OF TCPA OR OTHER TELECOMMUNICATIONS LAWS. We provide tools to assist with compliance, but you are solely responsible for ensuring your use of SMS notifications complies with all applicable laws.

10. Indemnification

You agree to defend, indemnify, and hold harmless TimkaMe.com, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from:

• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Your use of the Service in violation of these Terms, including unauthorized SMS communications
• Any false or misleading information you provide
• Claims from your customers regarding service quality or errors
• TCPA violations or telecommunications law violations

Limitation: Your indemnification obligations under this section are limited to claims directly resulting from your acts or omissions, and do not extend to claims arising solely from TimkaMe.com's negligence, willful misconduct, or breach of these Terms.

11. Termination

11.1 By You

You may cancel your account at any time through your account settings or by contacting support.

11.2 By Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your payment fails or your account becomes past due
• We are required to do so by law
• We discontinue the Service (with 30 days' notice)

11.3 Effect of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• You will be charged for any outstanding amounts owed
• Your data will be retained for 90 days, then permanently deleted
• You may request a data export within 30 days of termination

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes by:

• Posting the updated Terms on this page with a new "Last Updated" date
• Sending an email notification to your registered email address
• Displaying a notice in your account dashboard

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@timkame.com to attempt to resolve the dispute informally.

13.2 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

• Venue: Arbitration shall take place in the State of Delaware or via video conference at the parties' mutual agreement
• Costs: Each party shall bear its own attorney fees. AAA filing fees and arbitrator compensation shall be shared equally, unless the arbitrator determines otherwise
• Decision: The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction

13.2.1 Arbitration Opt-Out

You have the right to opt out of this arbitration agreement. To opt out, you must send written notice to legal@timkame.com within 30 days of first accepting these Terms. Your opt-out notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out of arbitration, all other provisions of these Terms remain in effect, and disputes will be resolved in courts located in the State of Delaware.

13.3 Small Claims Exception

Either party may bring a claim in small claims court instead of arbitration, provided the claim is within the small claims court's jurisdiction and proper notice is given to the other party.

13.4 Class Action Waiver

To the maximum extent permitted by applicable law, you agree to resolve disputes with us on an individual basis and waive your right to participate in class actions, class arbitrations, or representative actions. If this waiver is found to be unenforceable as to a particular claim or request for relief, the parties agree that such claim or request shall be severed and resolved in a court of competent jurisdiction.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TimkaMe.com.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to: natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, government orders or regulations, network infrastructure failures, third-party service provider outages (including but not limited to Twilio, OpenAI, Deepgram, Stripe, Hetzner, Cloudflare, Resend, Supabase, and other cloud hosting or infrastructure providers), cyberattacks, denial of service attacks, power outages, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. We will use reasonable efforts to notify you of any force majeure event and to resume performance as soon as reasonably practicable.

16. Contact Information

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

• Email: legal@timkame.com
• Support: support@timkame.com
• SMS Support: Text HELP to receive assistance
• Address: TimkaMe.com, New York, NY 10001, United States