Terms of Service

Last Updated: December 2024

1. Agreement to Terms

Welcome to BookNexa AI. These Terms of Service ("Terms") govern your access to and use of the BookNexa AI website, applications, and AI-powered voice assistant services (collectively, the "Services") operated by BookNexa AI ("Company," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Services.

If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" or "your" shall refer to such entity.

2. Description of Services

BookNexa AI provides AI-powered virtual receptionist and voice assistant services designed primarily for contractors, home service professionals, and small businesses. Our Services include, but are not limited to:

• 24/7 automated call answering and handling
• Appointment scheduling and calendar management
• Lead qualification and capture
• SMS and text message conversations
• Call transcription and summarization
• Call bridging and transfer capabilities
• Automated follow-up communications
• Integration with third-party calendars and CRM systems
• Invoicing and payment processing (where applicable)
• Review request automation
• Multilingual voice support

The specific features available to you depend on your selected subscription plan.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using BookNexa AI, you represent and warrant that you meet these eligibility requirements.

4. Account Registration and Security

To access certain features of our Services, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that contain inaccurate or incomplete information, or that we reasonably believe have been compromised.

5. Subscription Plans and Pricing

5.1 Plan Tiers

BookNexa AI offers multiple subscription tiers with varying features and pricing. Current plans include Starter, Growth, and Premium tiers, with pricing and features as displayed on our website at the time of purchase.

5.2 Founder's Club Pricing

Limited-time promotional pricing ("Founder's Club") may be offered to early customers. Founder's Club pricing is locked in for the duration of your continuous subscription and is non-transferable. Cancellation and re-subscription will result in loss of Founder's Club pricing.

5.3 Usage Limits

Certain plans may include limits on call minutes, SMS messages, or other usage metrics. Exceeding these limits may result in additional charges or service limitations as specified in your plan details.

5.4 Price Changes

We reserve the right to modify pricing for future subscription periods with 30 days' notice. Price changes do not affect current billing periods or Founder's Club locked pricing.

6. Free Trial and Billing Structure

We offer a 14-day free trial for new customers on monthly subscription services. A valid credit card is required at signup, but you won't be charged until Day 15.

6.1 How the Free Trial Works

• You will have full access to the features included in your selected plan
• Your trial begins when your AI assistant is deployed and ready to receive calls
• You may cancel at any time during the trial without being charged for subscription services
• If you do not cancel before the trial ends, your payment method will be charged for your first month of subscription service

6.2 One-Time Fees vs. Subscription Fees

One-time setup fees and add-on services (such as White Glove Onboarding, Payment Processing Setup, etc.) are charged immediately at checkout. These fees compensate for work performed before or during your trial period and are separate from the free trial offer.

6.3 Founder's Club Benefits

Founder's Club members receive:

• $0 standard setup fees — No upfront charges for basic AI configuration
• 14-day free trial — Full access to your plan features before your subscription begins
• Locked-in pricing — Your Founder's rate never increases as long as you remain subscribed
• Discounted add-ons — Special Founder's pricing on optional services

Optional add-on services selected at checkout are charged at the time of purchase, even for Founder's Club members.

6.4 What Happens After the Trial

If you continue after your 14-day trial:

• Your subscription begins automatically on Day 15
• Your payment method on file will be charged for the monthly subscription fee (plus any recurring add-ons)
• Billing continues on the same date each month thereafter

If you cancel before the trial ends, your subscription will not begin and you will not be charged for subscription services. Any one-time fees already paid are subject to our refund policy.

7. Payment Terms

7.1 Payment Collection

When you complete checkout:

• Immediately charged: Any one-time setup fees or services
• Card saved: Your payment method is securely stored for future subscription charges
• After trial: Recurring subscription fees begin on Day 15

7.2 Billing Cycle

Subscription fees are billed monthly in advance on the anniversary of your subscription start date (Day 15 after signup). All fees are quoted and payable in U.S. dollars unless otherwise specified.

7.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed during checkout. You authorize us to charge your selected payment method for all fees incurred, including automatic renewal of your subscription.

7.4 Failed Payments

If payment fails, we will attempt to process the charge again. After multiple failed attempts, your account may be suspended until payment is successfully processed. You remain responsible for all unpaid fees.

7.5 Taxes

Fees do not include applicable taxes. You are responsible for paying all taxes associated with your use of the Services, excluding taxes based on our net income.

8. Your Responsibilities and Acceptable Use

8.1 Compliance with Laws

You agree to use the Services only for lawful purposes and in compliance with all applicable federal, state, local, and international laws and regulations, including but not limited to:

• The Telephone Consumer Protection Act (TCPA)
• Federal Trade Commission (FTC) regulations
• State telemarketing and consumer protection laws
• Do Not Call registry requirements
• Truth in advertising laws
• Anti-spam regulations (CAN-SPAM Act)

8.2 Consent Requirements

8.3 Prohibited Uses

You agree NOT to use the Services to:

• Make calls or send messages to numbers on the National Do Not Call Registry without proper consent
• Engage in telemarketing fraud or deceptive practices
• Harass, threaten, or intimidate any person
• Transmit illegal, harmful, threatening, abusive, defamatory, or obscene content
• Impersonate any person or entity
• Collect personal information without proper disclosure and consent
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any systems
• Use the Services for any illegal gambling, adult content, or prohibited industries
• Resell or redistribute the Services without authorization
• Use automated systems to overload our infrastructure
• Reverse engineer or attempt to extract source code from the Services

8.4 Content Responsibility

You are responsible for all content, information, and data you provide to configure your AI assistant, including business information, scripts, responses, and any data uploaded to the platform.

9. Call Recording and Data

9.1 Recording Consent

Our Services may record calls for quality assurance, training, and to provide call transcriptions. You acknowledge that:

• You are responsible for complying with all applicable call recording laws
• Some jurisdictions require all-party consent for call recording (see Section 9.2)
• Your AI assistant should inform callers that calls may be recorded where required by law
• We can configure appropriate disclosures based on your jurisdiction

9.2 Two-Party Consent States

The following states require all parties to consent to call recording: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. If you operate in or receive calls from these states, your AI must include a recording disclosure.

9.3 Call Data

Call recordings, transcriptions, and related data are processed and stored as described in our Privacy Policy. You retain ownership of your call data, subject to our license to process it for providing the Services.

10. Third-Party Services and Integrations

10.1 Third-Party Providers

Our Services utilize and integrate with various third-party services, including voice synthesis and AI providers, telephony providers, calendar services, payment processors, and CRM systems.

10.2 Third-Party Terms

Your use of third-party integrations may be subject to additional terms and conditions from those providers. We are not responsible for third-party services' availability, accuracy, or performance.

10.3 Payment Processing

If you use payment link features, payments are processed by third-party payment processors (e.g., Stripe). We do not store or have access to your customers' full payment card information. You are responsible for maintaining your own payment processor accounts and complying with PCI-DSS requirements.

11. Intellectual Property Rights

11.1 Our Intellectual Property

The Services, including all software, algorithms, designs, text, graphics, logos, and other content provided by BookNexa AI, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

11.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes in accordance with these Terms.

11.3 Your Content

You retain ownership of content you provide to us. By providing content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and display such content as necessary to provide the Services.

11.4 Feedback

If you provide suggestions, ideas, or feedback about our Services, we may use such feedback without obligation to you.

12. Disclaimers

12.1 "As Is" Basis

12.2 AI Limitations

You acknowledge that AI technology has inherent limitations. Our AI assistants may occasionally misunderstand or misinterpret caller requests, provide responses that are not perfectly aligned with your preferences, experience technical difficulties or service interruptions, or require ongoing refinement and adjustment. We continuously work to improve our AI systems but cannot guarantee perfect performance.

12.3 Not Professional Advice

The Services are not intended to provide legal, medical, financial, or other professional advice. You should consult appropriate professionals for such matters.

13. Limitation of Liability

13.1 Exclusion of Damages

13.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

14. Indemnification

You agree to defend, indemnify, and hold harmless BookNexa AI, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Content you provide to the Services
• Your interactions with your customers or callers
• Any claims related to calls made or received through the Services

15. Term and Termination

15.1 Termination by You

You may terminate your account at any time by using the cancellation feature in your account settings, contacting our support team, or providing written notice via email.

15.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if you breach any provision of these Terms, we are required to do so by law, we discontinue the Services, or we reasonably believe your use poses a security risk.

15.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases, you remain liable for all fees incurred prior to termination, and we may delete your data after a reasonable retention period.

16. Dispute Resolution

16.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at support@booknexaai.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

16.2 Arbitration Agreement

If we cannot resolve a dispute informally, you and BookNexa AI agree to resolve any disputes through binding arbitration rather than in court, except for disputes that qualify for small claims court.

16.3 Class Action Waiver

16.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@booknexaai.com within 30 days of first accepting these Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Hawaii.

18. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and BookNexa AI.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
• Waiver: Our failure to enforce any right will not be considered a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign without restriction.
• Force Majeure: We are not liable for failures due to causes beyond our reasonable control.

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last Updated" date. Continued use constitutes acceptance.

Privacy Policy

Last Updated: December 2024

1. Introduction

BookNexa AI ("Company," "we," "us," or "our") respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our website, applications, and AI-powered voice assistant services (collectively, the "Services").

By using our Services, you consent to the collection and use of information in accordance with this policy.

2. Information We Collect

2.1 Information You Provide Directly

Account Information:

• Name and contact information (email, phone, mailing address)
• Business name and information
• Username and password
• Billing and payment information
• Profile information and preferences

Business Configuration Data:

• Business hours and availability
• Service offerings and pricing
• Appointment types and durations
• Custom scripts and responses for your AI assistant
• Integration credentials for third-party services

2.2 Information Collected Through the Services

Call Data:

• Inbound and outbound call recordings
• Call transcriptions and summaries
• Caller phone numbers and caller ID information
• Call duration, timestamps, and metadata
• Voicemail recordings

Message Data:

• SMS and text message content
• Message timestamps and delivery status
• Recipient phone numbers

Appointment and Lead Data:

• Caller/customer names and contact information
• Appointment details and scheduling information
• Service requests and preferences
• Lead qualification information

2.3 Information Collected Automatically

Usage Information: Pages accessed, actions taken, time spent, referring URLs

Device Information: IP address, browser type, operating system, device type, time zone

Cookies: See our Cookie Policy section for details

3. How We Use Your Information

We use the information we collect for:

• Providing Services: Operating the platform, processing transactions, configuring your AI assistant, providing call/messaging services, generating transcriptions
• Communications: Responding to inquiries, sending service announcements, technical notices, marketing (with consent)
• Analytics: Analyzing usage patterns, measuring effectiveness, improving AI systems
• Legal/Security: Complying with laws, enforcing Terms, preventing fraud, ensuring security

4. How We Share Your Information

We may share information with:

• Service Providers: Cloud hosting, AI providers, telephony/SMS providers, payment processors, analytics providers — all contractually obligated to protect your data
• Integration Partners: When you connect third-party services (calendars, CRMs, payment processors)
• Business Transfers: In connection with mergers, acquisitions, or asset sales
• Legal Requirements: To comply with laws, court orders, or protect rights and safety
• With Your Consent: When you explicitly authorize sharing

5. Your Customers' Information

When you use BookNexa AI to interact with your customers or callers, you act as the data controller for their information, and we act as a data processor. You are responsible for:

• Providing appropriate privacy notices to your customers
• Obtaining necessary consents for call recording and data collection
• Complying with applicable privacy laws regarding your customers' data
• Responding to your customers' privacy requests

6. Data Retention

7. Data Security

We implement appropriate security measures including:

• Encryption of data in transit (TLS/SSL) and at rest
• Secure cloud infrastructure with access controls
• Regular security assessments
• Employee training on data protection
• Incident response procedures

However, no method of transmission or storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.

8. Your Privacy Rights

Depending on your location, you may have the right to:

• Access: Request access to your personal information
• Correction: Request correction of inaccurate information
• Deletion: Request deletion of your information (subject to exceptions)
• Portability: Receive your data in a portable format
• Opt-Out: Opt out of marketing communications

To exercise these rights, email support@booknexaai.com. We will respond within 30 days.

9. California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have additional rights:

• Right to Know: What personal information we collect, use, and disclose
• Right to Delete: Request deletion of your personal information
• Right to Opt-Out: Opt out of "sale" or "sharing" of personal information
• Right to Non-Discrimination: We will not discriminate against you for exercising rights

California residents may submit requests by emailing support@booknexaai.com with subject "California Privacy Request."

10. Other State Privacy Rights

Residents of Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, and other states with privacy laws have similar rights to access, correct, delete, and opt-out. Contact us to exercise these rights.

11. Nevada Residents

Nevada residents may opt out of the sale of certain personal information by emailing support@booknexaai.com with subject "Nevada Opt-Out Request."

12. International Data Transfers

BookNexa AI is based in the United States. If you access our Services from outside the US, your information may be transferred to and processed in the United States. By using our Services, you consent to this transfer.

13. Children's Privacy

Our Services are not intended for children under 18. We do not knowingly collect personal information from children. If we learn we have collected such information, we will delete it promptly.

14. Third-Party Links

Our Services may contain links to third-party websites. This Privacy Policy does not apply to those sites. We encourage you to review their privacy policies.

15. Changes to This Policy

We may update this Privacy Policy periodically. We will notify you of material changes by posting the updated policy and updating the "Last Updated" date. Continued use constitutes acceptance.

Refund Policy

Last Updated: December 2024

1. Our Commitment

At BookNexa AI, we are committed to your satisfaction. We offer a 14-day free trial so you can fully experience our AI voice assistant services before your subscription begins. Your trial starts when your AI assistant is deployed and live — not at signup.

2. Understanding Our Billing Structure

3. 14-Day Free Trial

3.1 What's Included

All new customers receive a 14-day free trial of subscription services. Your trial begins when your AI assistant is deployed and live:

• Full access to features in your selected plan
• Trial begins when your AI assistant is deployed
• Cancel anytime during trial — no subscription charges
• Your payment method is saved for future billing

3.2 Important Trial Notes

3.3 Trial Cancellation

To cancel during your trial:

• Log into your account → Subscription Settings → Cancel
• Or email support@booknexaai.com

If you cancel before Day 15, you will NOT be charged for subscription services. Any one-time fees already paid are subject to Section 4 below.

3.4 After Trial Ends

If you don't cancel before Day 15:

• Your subscription automatically begins
• Your payment method is charged for Month 1
• Billing continues monthly on the same date

4. One-Time Fee Refunds

4.1 General Policy

One-time fees compensate for work performed during your onboarding. Refund eligibility depends on when you request and how much work has been completed:

4.2 Exceptions for One-Time Fees

We may provide refunds in these circumstances:

• Technical impossibility: We cannot configure your AI due to platform limitations
• Significant delays: Setup takes 10+ business days beyond our estimate through no fault of yours
• Service not delivered: We fail to provide the purchased service
• Billing error: You were charged incorrectly or multiple times

4.3 Founder's Club Members

Founder's Club members receive $0 standard setup fees. If you purchase optional add-on services (White Glove Onboarding, Payment Setup, etc.), those are still subject to this refund policy.

5. Subscription Refunds

5.1 During Free Trial

5.2 After Trial (Paid Subscription)

Because we offer a 14-day free trial to fully evaluate our Services, we generally do not provide refunds for subscription fees once charged.

5.3 Subscription Refund Exceptions

We may provide subscription refunds in these circumstances:

6. Subscription Cancellation

6.1 How to Cancel

Cancel your subscription anytime by:

• Using the cancellation feature in account settings
• Emailing support@booknexaai.com
• Contacting customer support

6.2 Effect of Cancellation

• Your service remains active until the end of your current billing period
• No charges for subsequent periods
• No partial refunds for unused time in current period
• Your AI stops answering calls when service ends
• You may request a data export before service ends

7. Add-On Services

• Monthly add-ons (Extra Phone Line, Smart Alerts, Language Upgrades): Same policy as subscriptions — cancel anytime, no partial refunds
• One-time add-ons (Onboarding, Setup services): Same policy as one-time fees in Section 4

8. How to Request a Refund

To request a refund:

1. Email support@booknexaai.com with subject "Refund Request"
2. Include your account email and business name
3. Specify which charge you're requesting a refund for (one-time fee or subscription)
4. Explain the reason for your request
5. Provide any relevant details or documentation

We will review and respond within 5 business days.

9. Refund Processing

• Approved refunds are processed to your original payment method
• Credit card refunds typically appear within 5-10 business days
• We may offer service credits as an alternative when appropriate

10. Disputed Charges

11. Account Reactivation

If you cancel and later wish to return:

• You may reactivate your account at any time
• Founder's Club pricing is NOT available for reactivated accounts
• You will be charged at current standard rates
• A new setup process may be required
• Previous data may not be available after 90 days

12. 30-Day Money-Back Guarantee

This guarantee applies to subscription fees only. One-time service fees are subject to Section 4 above.

13. Changes to This Policy

We may modify this Refund Policy at any time. Changes apply to purchases made after the effective date of the updated policy.

Cookie Policy

Last Updated: December 2024

1. What Are Cookies?

Cookies are small text files stored on your device when you visit our website. They help our site function properly, remember your preferences, and understand how you use our Services.

2. Types of Cookies We Use

2.1 Essential Cookies

Necessary for the website to function. These include:

• Session management (keeping you logged in)
• Security features
• Load balancing

2.2 Analytics Cookies

Help us understand how visitors use our website:

• Google Analytics — pages visited, time on site, traffic sources
• GoHighLevel tracking — funnel and conversion tracking

Information collected: Pages visited, time on site, traffic sources, device type, general location (city/region).

2.3 Marketing/Advertising Cookies

Track activity to deliver relevant advertising:

• Facebook/Meta Pixel — retargeting and conversion tracking
• Google Ads remarketing

These cookies allow us to show you BookNexa AI ads on other websites after you visit our site.

2.4 Functional Cookies

Enable enhanced functionality:

• Remembering preferences
• Chat widget functionality
• Video player settings

3. Third-Party Cookies

Some cookies are placed by third-party services on our pages. We do not control these cookies. Third parties may include:

• Google (Analytics and Ads)
• Meta/Facebook
• Stripe (payment processing)
• ElevenLabs (voice technology)
• Scheduling tools (Calendly, etc.)

Please review their respective privacy policies.

4. Cookie Duration

5. Your Cookie Choices

5.1 Cookie Consent Banner

When you first visit our website, you'll see a consent banner where you can:

• Accept All: Allow all cookies
• Reject Non-Essential: Only allow essential cookies
• Customize: Choose which categories to allow

5.2 Browser Settings

Control cookies through your browser:

• Chrome: Settings → Privacy and Security → Cookies
• Firefox: Settings → Privacy & Security → Cookies
• Safari: Preferences → Privacy → Cookies
• Edge: Settings → Privacy → Cookies

5.3 Opt-Out Tools

• Google Analytics: Google Analytics Opt-out Add-on
• Facebook: Facebook Ad Preferences
• General: YourAdChoices or NAI Opt-out

6. Impact of Disabling Cookies

If you disable cookies:

• Some website features may not work properly
• You may need to re-enter information each visit
• Personalized features won't work
• You may still see ads, but they won't be tailored to your interests

7. Do Not Track

Our website does not currently respond to "Do Not Track" browser signals. However, you can use the opt-out methods above to limit tracking.

8. California Residents

Under CCPA/CPRA:

• You have the right to know what information is collected via cookies
• You have the right to opt out of "sale" or "sharing" of personal information
• Targeted advertising cookies may constitute "sharing" under California law

To opt out: Click "Do Not Sell or Share My Personal Information" in our cookie banner or email support@booknexaai.com.

9. Nevada Residents

Nevada residents may opt out of the sale of certain personal information. Email support@booknexaai.com with subject "Nevada Opt-Out Request."

10. Updates to This Policy

We may update this Cookie Policy periodically. Changes will be posted with an updated "Last Updated" date.

📱 SMS / Text Messaging Terms

Last Updated: January 2025

When you submit your phone number on our website and check the consent box, you agree to receive SMS text messages from BookNexa AI related to scheduling, service notifications, onboarding, and support.

• Message & data rates may apply
• Message frequency varies
• Consent is not required to purchase

How to Opt Out

To opt-out at any time, reply STOP.

How to Get Help

To get help, reply HELP or email support@booknexaai.com.

Carrier Disclaimer

Mobile carriers are not liable for delayed or undelivered messages.