Last Updated: October 22, 2025

Introduction

Welcome to BailVoice! These Terms of Service (“Terms”) govern your use of the BailVoice AI-powered call answering service. BailVoice is a service provided by Smitten, LLC (doing business as “BailVoice”) based in Walla Walla County, Washington. By signing up for or using BailVoice, you agree to these Terms. If you do not agree, you may not use the service.

These Terms are written in plain language to be easy to read, but they are legally binding. They describe your rights and responsibilities as the customer (“you”) and ours as the service provider (“BailVoice”, “we”, or “us”). Please read them carefully. Below is a summary of key points (each explained in detail later):

• BailVoice is not a bail bond company or law firm. We do not offer bail bonding services, legal advice, or marketing services. We provide a software tool for call answering and message-taking only, to assist licensed bail bond professionals.

• Licensed Use Only. Only properly licensed bail bond agents or agencies may use BailVoice. You must be a licensed bail bondsman (or an authorized employee of one) to utilize this service.

• Service Scope. BailVoice’s AI answers calls, gathers intake information, and takes messages. It can provide basic information (e.g. explain general procedures, office hours) and forward calls or messages to you. The AI cannot and will not give legal advice, quote bond fees, decide whether to issue a bond, or make any binding decisions. All final decisions regarding bail bonds must be made by a human licensed agent (not by the AI).

• Your Responsibilities. You remain fully responsible for legal and regulatory compliance in your use of BailVoice. This includes complying with all bail bond laws and regulations in your jurisdiction, telephone consumer protection and telemarketing laws (e.g. TCPA), call recording consent laws, and prohibitions on unauthorized practice of law (UPL). Using BailVoice does not relieve you of your obligations under those laws – you must ensure that all use of the service is lawful.

• Subscriptions and Cancellation. BailVoice is provided on a subscription basis. You will choose a plan (e.g. monthly service) and pay recurring fees. You may cancel at any time as described in these Terms. We also reserve the right to suspend or terminate your access if you violate these Terms or for other valid reasons. We explain below how cancellation, termination, and refunds (if any) work, and how you can access your call data if you leave the service.

• Data Handling and Privacy. We record calls and process call data to provide the service. We outline how we handle these recordings and any personal information (like caller names or contact info). We take reasonable measures to keep data secure and confidential. We do not use call recordings or data for any purpose other than providing and improving the service (unless required by law or permitted by you). We also offer options for you to download or delete call recordings, and tools to help redact sensitive information.

• AI and Call Recording Disclosure. We will inform callers at the start of each call that they are speaking with an AI assistant and that the call is being recorded. This upfront disclosure is made to comply with consent laws and ensure transparency. By using BailVoice, you agree to this practice.

• Standard Provisions. Like most software services, our Terms include important legal sections on intellectual property ownership, acceptable use restrictions, disclaimers of warranty (we provide the service “as is”), limitation of liability (we limit our liability for certain damages), indemnification (both you and we agree to protect each other from certain legal claims), dispute resolution (binding arbitration under Washington State law), force majeure (neither party liable for events beyond control), confidentiality, and other boilerplate clauses to protect both parties. All these are explained in clear terms below.

Please note that these Terms replace and supersede any prior terms or agreements you might have for BailVoice. We may update these Terms from time to time, but we’ll notify you if we do. If you have any questions about them, feel free to contact us. Now, on to the details:

1. BailVoice is Not a Bail Bond Company or Law Firm

No Bail Bond Services. BailVoice itself is not a bail bond agency, surety company, or insurance company, and we do not provide actual bail bonds or bonding services. We do not negotiate, underwrite, post, or guarantee bonds, and we do not make decisions about whether a bond will be issued. Our role is limited to providing a communication tool (an AI receptionist) to assist you, the licensed bail agent, in handling calls. Nothing in this service constitutes a bail bond or a promise to secure anyone’s release from jail.

No Legal Advice. BailVoice is also not a law firm or legal services provider. The AI agent cannot and will not give any legal advice to you or to callers. Any information the AI provides is purely administrative or general in nature (for example, explaining how the bail process works in general terms). The AI will not advise callers on legal rights, strategies, or outcomes, and it will not perform any activity that could be considered the practice of law. In fact, as a bail bonds professional, you understand that giving legal advice without a law license could violate unauthorized practice of law rules. BailVoice is designed to avoid this: it will stick to basic procedural information and gathering caller info, and leave any specific legal questions or advice to you or the caller’s attorney.

No Marketing or Solicitation Services. BailVoice does not provide marketing or lead generation services. We will not make outbound calls to solicit business for you, and we do not send promotional texts or automated messages to potential clients on your behalf (unless explicitly agreed as a separate feature, and then only in compliance with the law). The service is primarily for handling inbound calls to your business. You are responsible for your own advertising and marketing compliance. BailVoice does not guarantee you any increase in customers, and we do not engage in telemarketing campaigns for you.

In summary, BailVoice is a technology tool – essentially a virtual receptionist – to help manage your calls. We are independent from your bail bond business. Using BailVoice does not make us your partner, employee, or agent in providing bail bonds, and it does not create any attorney-client or other professional advisory relationship. You (and your business) remain solely responsible for providing bail bond services to your clients.

2. Eligibility and Licensed Use Only

Because of the regulated nature of the bail bond industry, BailVoice is only for licensed professionals. By using this service, you represent and warrant that:

• Licensed Bail Bond Agent/Agency: You are a duly licensed bail bond agent or a licensed bail bond agency in the jurisdiction(s) where you operate. You have met all requirements (education, background checks, licensing fees, etc.) required by your state or local authorities to engage in the bail bond business. (For example, Texas law requires a person to hold a bail bond license to act as a bail bond agent. Similarly, most states require bail agents to be licensed before they can conduct bail bond business.) You agree to provide proof of an active license if requested. If you are an agency, the individual agreeing to these Terms on the agency’s behalf must have authority to bind the agency and ensure all users under your account are properly licensed or supervised.

• Business Purpose: You are using BailVoice only for your professional bail bond business. Personal or consumer use of the service is not allowed – it’s designed for bail bond agencies handling client calls. You will not use BailVoice for any other industry or purpose without our approval, as the service and pricing are tailored to bail bonds.

• Minimum Age: You (and anyone you authorize to use your BailVoice account) are at least 18 years old and legally capable of entering into this agreement.

• Accurate Information: You provided true, accurate, and complete information when signing up (including your identity, business name, contact information, and licensing details). You will keep this information up to date. We reserve the right to verify your licensing status and other credentials at any time. If you lose your license or no longer meet the legal requirements to operate as a bail bondsman, you must notify us and stop using the service. We may suspend or terminate your account if we believe you are not a licensed bail bond professional or if your license lapses or is revoked.

Restricted to Licensed Use: You agree not to allow any unlicensed person or entity to use your BailVoice account to engage with callers as if they were a bail agent. The service must operate under the authority of a licensed bondsman at all times. The AI is effectively acting as an assistant to you (the licensed professional), not as an independent agent. Any configuration where the AI would answer calls for an unlicensed business or individual offering bail bonds is strictly prohibited. If we discover unlicensed use, we may immediately terminate service and report such activity to regulators if appropriate.

3. Scope of Service – AI Call Answering and Its Limits

What the AI Will Do: BailVoice provides an AI-powered call answering assistant. When someone calls your published phone number (which you forward to our system or otherwise integrate with BailVoice), the AI will greet them (for example, “Hello, you’ve reached [Your Bail Company]. How can I help you?”). The AI can perform tasks similar to a receptionist or intake coordinator, such as:

• Gathering Information: The AI will ask callers basic intake questions that you configure or that are standard in the industry – for example, the caller’s name, the name of the person in jail, what jail or county they are in, the charges if known, the bond amount if known, and contact information. This helps collect the info you would need to begin assisting the client.

• Providing General Information: The AI can provide general answers to frequently asked questions, based on information you provide or common knowledge about the bail process. For instance, it could explain your business’s hours of operation, address or service area, the general process for posting bail, or the types of payment you accept. It might also answer common procedural questions (e.g., “How does bail work?” or “What do I need to bail someone out?”) with pre-approved, general answers. However, these answers will be broad and informational, not specific legal advice.

• Call Routing or Messaging: Depending on your settings, the AI can either transfer the call to a human agent (for example, if the caller needs urgent assistance or requests a human), or take a message. The message (and the call recording/transcript) will then be passed to you via the BailVoice dashboard, email, SMS, or another notification method you set up. Essentially, if the AI determines the caller’s needs and it’s something routine, it will log the info for you; if the caller needs immediate or complex help, the AI will attempt to connect them to you or your on-call staff.

• 24/7 Availability: One key feature is that BailVoice can answer calls 24/7, even outside of your normal office hours or when you are busy. It helps ensure no client calls go unanswered. It provides a polite, consistent experience for callers at any time of day.

What the AI Will Not Do: BailVoice’s AI has strict limitations to make sure it does not overstep its role or violate any regulations:

• No Bond Decisions or Quotes: The AI will not set bond terms, quote fees/rates, provide financing offers, or make any decision to approve or deny a bond. Decisions that require a licensed agent’s judgment – such as deciding to take on a client, determining collateral, negotiating payment terms, or actually agreeing to post a bond – are left entirely to you (the human). The AI might gather preliminary info like the bond amount or whether collateral is available, but it will never tell a caller “you are approved” or negotiate pricing. It can explain general fee structures if you’ve provided that info (e.g., “In this state, the premium is typically 10% of the bond amount”), but it will always defer the final word to you.

• No Legal Advice or Opinions: As stated, the AI will not give legal advice. It won’t speculate on outcomes of a case, won’t advise someone whether they should turn themselves in, how to plead, or anything that a lawyer would do. If callers ask legal questions (for example, “What should I do about my court case?”), the AI will respond with a polite refusal or suggest that they consult an attorney or wait to speak with you for non-legal guidance. This is both to avoid unauthorized practice of law and because the AI isn’t programmed to handle such questions.

• No Guaranteed Information Accuracy: While the AI strives to provide correct general information, it is limited to the data and scripts provided. It should not be considered 100% authoritative. For example, if a caller asks about the exact bail process in a specific county and our system’s information is outdated or incomplete, the AI might not have the perfect answer. It will not intentionally mislead, and we train it to give useful answers, but it might sometimes say it doesn’t know or provide a generic response. You should always verify critical information with your own expertise.

• No Marketing/Solicitation Calls: The AI will not initiate calls out of the blue to people who haven’t contacted you. It won’t do telemarketing or any kind of unsolicited outreach. (If in the future we introduce a feature to allow automated follow-ups or reminders to people who have engaged with you, that will be covered separately and will require proper consent under laws like TCPA. As of now, BailVoice’s core service is inbound.)

• No Misrepresentation: The AI will always identify itself as part of your company when greeting callers (using your provided business name). It will not pretend to be a human if asked, and will not claim to hold any position (like “licensed agent” or “attorney”). It will not say anything false or misleading about your services. You are responsible for providing us with an accurate business name and any license information you want stated to callers. For example, if your state requires your license number to be given in advertisements or on the phone, you should include that in the greeting or we can configure the AI to say it. The AI will follow the script and info you configure, so ensure that all information (like promotions, slogans, or claims about “lowest rates” etc.) are truthful and compliant with advertising rules (no false promises). We reserve the right to refuse to have the AI state certain content if we believe it’s unlawful or misleading.

Human Backup: You understand that BailVoice is a tool to assist you, not replace you. We highly recommend that you (or someone in your company) be available on-call for escalations. The AI will hand off to a human when it encounters something beyond its scope. If no human is available (e.g., it’s 3 AM and you’re truly unavailable), the AI will take a message. It’s your responsibility to follow up on those messages. BailVoice does not guarantee that the AI can handle every situation – it has pre-defined capabilities. Complex or unique situations will require your personal attention.

Service Reliability: We strive to keep the BailVoice service up and running 24/7 so that calls are answered. However, we cannot guarantee zero downtime. There may be occasional maintenance or unexpected outages. We will do our best to minimize disruptions and, when possible, to notify you in advance of planned maintenance. But please understand that, as with any technology, outages or errors can occur. We are not liable for missed calls or information due to system downtime or errors (see No Warranties and Liability sections below for more details on limitations).

4. Customer Responsibilities and Legal Compliance

Using BailVoice means you agree to a number of important responsibilities. These ensure that our service is used lawfully and effectively. In this section, “you” includes your company, staff, and anyone who uses BailVoice under your account. You agree to the following:

• Maintain Your License and Compliance: You will keep all required licenses, permits, and registrations up to date while using BailVoice. You will follow all laws and regulations that apply to bail bond agents/agencies in the areas you operate. This includes:

  • Any state or county bail bond board rules (for example, rules about where you can operate, using approved business names/phone numbers, displaying license numbers on ads, etc.). If your jurisdiction requires that a phone line used for bail business be registered or approved, you must ensure that using BailVoice does not violate that – e.g., if BailVoice provides you with a forwarding number or an AI persona name, make sure that’s allowed or registered as needed.

  • All record-keeping, fee disclosures, premium limits, and other bail-specific regulations. BailVoice is a tool and does not automatically ensure you meet these obligations. For instance, if your law requires a written record of every call or inquiry, you need to ensure the call logs we provide meet your needs (or export them and file as required).

  • No circumvention: You won’t use BailVoice to do anything that you as a bondsman are not allowed to do. If a law says you cannot do X, you can’t have the AI do X either. The AI is an extension of your business. For example, if you’re not allowed to solicit clients in a jail lobby or make unsolicited calls to arrestees, you must ensure the AI also isn’t used for those purposes. In short, you’ll treat the AI’s operations as if it were a staff member that must follow the same rules.

• Responsible for Content and Scripts: You are responsible for the content provided to or used by the AI when interacting with callers. While we can help configure your AI with industry-standard scripts, ultimately you must review and approve the AI’s responses (especially any business-specific info). Make sure nothing in the AI’s script violates any law or regulation. For example, ensure that any fee information is accurate and compliant, that no promises are made that violate your underwriting rules, and that no statement could be construed as false advertising (e.g., don’t have the AI say “we guarantee you’ll get out of jail” if that’s not a promise you can legally or ethically make). The AI will only provide legal information that you have approved and that is of a general nature (as discussed, not legal advice). If the AI’s knowledge base includes general legal facts (like “the judge sets bail based on factors like flight risk”), those are neutral facts, not advice. If you see any AI response that concerns you or seems legally sensitive, notify us so we can adjust the script or training.

• TCPA and Telemarketing Law Compliance: If you ever use BailVoice for any form of outbound calling or messaging (for example, if we introduce a feature where the AI can call someone back who requested a quote, or send a follow-up text), you must comply with telemarketing laws such as the U.S. Telephone Consumer Protection Act (TCPA) and any state “mini-TCPA” laws. This means, among other things: (a) you must obtain prior express consent from the called party if the call could be considered marketing or uses an artificial/prerecorded voice; (b) you must honor do-not-call requests and applicable calling time restrictions (e.g., generally do not call before 8am or after 9pm local time of the recipient); (c) you must include appropriate identification and opt-out mechanisms in any automated call or text. BailVoice’s default service is inbound-only, but even for inbound, if the AI is answering a call that was prompted by some advertisement or text you sent, ensure that initial outreach was compliant. We strongly advise consulting legal counsel before using any automated outreach features. Remember, you are the one directing the AI – if it makes a call or sends a text, the law treats it as if you did so. BailVoice disclaims any responsibility for your unsolicited or non-compliant communications. You agree to indemnify us for any fines or claims arising from unlawful calls or texts made through the service (see Indemnification below).

• Call Recording and Privacy Laws: Our service will be recording the calls and possibly transcribing them. You are responsible for knowing and following the call recording laws that apply. Laws vary by state and country: some places require all parties to consent to a call being recorded, others require just one party’s consent. BailVoice helps facilitate compliance by automatically playing a disclosure at the start of each call that the call is being recorded (and handled by an AI) – this announcement is recorded in the call record. By continuing the call after the disclosure, the caller is deemed to consent (or at least, that is a strong argument in “two-party consent” jurisdictions). However, it remains your responsibility to ensure this method is sufficient in your jurisdiction. If your state has additional requirements (for instance, some states may require a specific wording or maybe written consent in certain scenarios), you must inform us and/or configure the greeting accordingly. You also agree not to disable or circumvent the built-in recording disclosure. If a caller objects to being recorded, the AI will either stop the call or notate that objection for you – it’s up to you to handle such situations per your compliance procedures (for example, you might have to take the call live and not record it, or end the call). Additionally, you must handle any personal data collected in calls in accordance with privacy laws (like if a caller provides personal info, you might have obligations under laws like California’s privacy laws or others if applicable to you). We provide tools to help you with data (see Data Handling below), but we do not provide legal advice on what you need to do. If a caller asks about privacy (e.g., “what will you do with the info I give?”), the AI can give a basic reassurance (like “We use your information only to help with the bail process.”), but any specific privacy notices you want to convey are up to you to include or provide later.

• No Unauthorized Practice of Law: You will not use BailVoice in any manner that causes the AI (or the service) to cross the line into providing legal services or advice. As mentioned, the AI doesn’t do that by design. But, for example, do not feed the AI detailed legal strategies or tell it to guide callers on legal matters. If a caller asks a legal question, the AI should either defer or connect them to you. If you happen to be an attorney and a bail agent and you want to use the service in a dual role, please keep the functions separate (and note that BailVoice is not built for attorney-client communications security or confidentiality in the same way a dedicated legal service would be). In any event, you agree that you (and not BailVoice) are responsible for any legal advice or opinions given to any caller. We specifically do not endorse or accept responsibility if you, through misuse of the service, manage to give legal advice via the AI. Keep it to bail operational info only. This protects both of us from UPL issues.

• Advertising and Representations: If you use BailVoice, you likely will advertise a phone number that leads to the AI. Ensure your advertising is truthful and compliant. For instance, do not advertise the AI line as “24/7 Legal Help” or something misleading. Make it clear it’s a bail bonds line. If your local regulations require including your license number on ads or that certain disclosures be made in solicitations, make sure your use of BailVoice doesn’t inadvertently violate that. For example, some jurisdictions prohibit using any name other than your licensed agency name – so don’t create some fake business name for the AI to use. Use your real business identity. If registration of an additional phone number is required by a bail bond board (as is the case in some counties), ensure you do that if needed. No misrepresentation: You will not use the service to impersonate any other company or government entity. The AI will clearly state your company’s name, and it should not give any impression that the caller has reached a government office or a jail – that would be illegal in many places and is strictly forbidden.

• General Lawful Use: Beyond bail-specific rules, you agree not to use BailVoice for any unlawful, fraudulent, or abusive purpose. This includes (but is not limited to) not using the service to harass individuals, make threats, extort money, engage in fraud (like bail scams), or any communication that is defamatory, obscene, or otherwise violates any law. If someone provides information over a BailVoice call (e.g., a credit card number for payment), you must handle that information in compliance with applicable laws (e.g., PCI-DSS standards for credit cards – note: BailVoice is not intended for taking credit card payments over the phone, so we discourage that use; see Data Handling for more). You are responsible for any content or instructions you provide to BailVoice and for the outcomes of your use of the service.

• Cooperation with Us: You agree to cooperate with any reasonable compliance requests we have. For example, if we ask you to certify that you have consent from a list of people before running a call campaign, you should be able to do so. If regulators or law enforcement contact us about a call that was handled by BailVoice, we may notify you and you agree to provide any required information or assistance to resolve any issues (such as proof of your license or evidence of consent if a telemarketing issue arises). We reserve the right to immediately suspend your account if we believe your use of the service is causing legal risk to others or to us, such as if we suspect you of using it for scams or without proper consent.

In short, you agree that you are the boss of the AI and you take full responsibility for its activities as if it were an employee. BailVoice provides the tool, but how you use it must be in line with all laws and these guidelines. We will do our best to help configure things safely, but we rely on you to use the service ethically and legally. If you are ever unsure about a particular use of the service or a particular type of call, please seek legal advice or contact us for guidance before proceeding.

5. Subscription Plans, Fees, and Payment

Subscription Service: BailVoice is offered as a subscription-based software-as-a-service (SaaS). When you sign up, you will select a plan (for example, a plan might include a certain number of minutes of call handling per month, or a flat monthly fee for unlimited calls up to a fair usage limit). The specifics of available plans and pricing are provided on our website or your order form. By creating an account and choosing a plan, you agree to pay the subscription fees for that plan.

Billing Cycle: Fees are typically charged monthly (unless otherwise stated for your plan). Your subscription will automatically renew each billing period (e.g., on the same day each month) until you cancel. We will charge the payment method you provided (such as a credit card on file) for the recurring fees. If you have any overage charges (for example, if your plan includes a certain number of call minutes and you exceed that, or extra charges for additional agents or features), those may be billed either at the time of overage or in the next cycle, depending on our plan structure. We will be transparent about how overages are calculated in your plan details.

Payment Method: You must provide a valid payment method (such as a credit/debit card, ACH, or other method we support). You authorize us to charge your payment method for the subscription fees and any applicable taxes on a recurring basis. It is your responsibility to ensure your payment information is accurate and up to date. If a payment fails (e.g., your card expires or is declined), we will notify you, and we may attempt to re-charge after a short interval. If payment continues to fail, we may suspend your service until payment is resolved. We reserve the right to charge late fees or interest as allowed by law for overdue amounts, but our main approach will be to work with you to get the subscription back on track.

Free Trials and Promotions: If we offer a free trial or promotional period, that is a one-time offer per customer (unless we specify otherwise). After the trial period ends, if you have not cancelled, your subscription will begin and your payment method will be charged the normal fees. We will clearly inform you of the terms of any free trial (such as duration and what happens after). If you’re not sure, please ask or check our promotional details. Trials are intended to let you evaluate the service; misuse of trial offers (like creating multiple accounts to get repeated free trials) is prohibited.

Taxes: Our fees do not automatically include any government taxes (such as sales tax, VAT, etc.) that may apply. If any taxes are required by law, we will either include them in the charge or notify you that you need to pay them. You are responsible for any taxes or duties associated with your subscription, other than taxes on our income. For example, if your state has a sales tax on software services, we may add that to your bill.

Price Changes: We may adjust the pricing or fees for BailVoice in the future. If we do, we will give you at least 30 days’ notice via email or via the service. Price changes would typically take effect in your next billing cycle after the notice period. If you do not agree to the new price, you may cancel your subscription before the change takes effect. Continuing to use the service after the price change constitutes acceptance of the new fees.

No Refunds (Unless Required): We generally do not offer refunds for subscription fees already paid. For example, if you sign up for a monthly plan and use the service for 20 days and then cancel, you will not receive a pro-rated refund for the remaining days of that month. However, you will continue to have access to the service for the remainder of the paid period (unless we terminated for a serious violation, in which case access might end immediately). In certain cases, if a refund is required by law or a specific money-back guarantee is explicitly stated in a promotion, we will of course honor that.

Invoice Option: If you are a larger enterprise client or have a custom plan that involves invoicing rather than automatic card charges, payment terms will be specified on your invoice (e.g., Net 30 days). You agree to pay within the timeframe and method agreed. We may charge interest on overdue invoices as permitted by law.

Disputed Charges: If you believe there is an error in billing (for example, you were charged the wrong amount), you must contact us in writing (email is fine) within 60 days of the charge to dispute it. We will investigate and, if there was an error, correct it (issuing credit or refund as needed). After 60 days, charges are deemed accepted. Please note that triggering a chargeback with your bank/card without first attempting to resolve with us may be considered a breach of this agreement if the charge was actually valid.

6. Cancellation and Termination

We understand that circumstances change, and you might need to cancel, or we might need to terminate the service. Here’s how that works:

Your Right to Cancel: You may cancel your BailVoice subscription at any time. Cancellation means that your subscription will not renew at the end of the current billing period. You can cancel through the account settings on our website or by contacting our customer support in writing with a clear request to cancel. Once we process your cancellation, your subscription will remain active until the end of the period you’ve paid for. We do not provide refunds for the remainder of the billing period, but you won’t be charged again after the effective cancellation date. For example, if you’re on a monthly plan billed on the 1st of each month and you cancel on April 15th, you will continue to have service until April 30th, and you will not be billed on May 1st.

Immediate Deactivation: If you wish to cancel immediately and not continue using the service through the period you paid for, you can request an immediate deactivation. However, even in that case, the fee for the ongoing period won’t be refunded. We’ll simply shut off the service so no further calls are answered. (This might be useful if, say, your phone number is being transferred to another service and you don’t want BailVoice to pick up calls anymore.)

Our Right to Terminate or Suspend: We reserve the right to suspend or terminate your access to BailVoice for reasons including, but not limited to:

• Violation of Terms: If you breach any material provision of these Terms (for example, using the service without a license, using it for unlawful purposes, failing to follow compliance requirements, or not paying fees), we may suspend your account immediately and/or terminate the agreement. In many cases, we will attempt to notify you and give you a chance to rectify the issue (for instance, update your payment info, or stop a prohibited use) before termination, but for serious breaches or illegal conduct we may terminate without prior notice.

• Danger to the Platform: If your use of BailVoice (intentionally or not) poses a security risk or could harm our system or other users (for example, you introduced a virus via some integration, or your usage is overwhelming the system, or your configuration is causing the AI to do problematic things), we may temporarily suspend your service to mitigate the issue. We will inform you and attempt to help resolve the situation so you can be reinstated.

• Legal Compliance: If we determine that continuing to provide you service may violate any law or subject us to liability (for instance, we get an official notice that your use is unlawful in some way, or you are named in a legal action and continuation is problematic), we may suspend or terminate. Similarly, if we find out you are not actually licensed or have become disqualified to operate as a bail agent, we will terminate service.

• Ceasing Service: In the unlikely event we decide to discontinue the BailVoice service entirely for all customers (for example, if our company shuts down or pivots business), we will give you as much advance notice as reasonably possible, and these Terms will terminate at the date of service discontinuation. We would refund any prepaid amounts for periods after the shutdown date in that scenario.

Effect of Termination: Upon termination or cancellation (either by you or by us), several things happen:

• We will stop providing the service to you after the effective date. This means the AI will no longer answer your calls; if someone calls, the call will either not be picked up by us or you’ll have had to re-route your number elsewhere. It’s your responsibility to reconfigure your phone lines when the service ends. We are not responsible for any missed calls or business lost due to termination once the service is off.

• Your account login may be disabled or set to read-only mode. You will no longer be able to change settings or actively use the system. However, we typically allow a grace period for you to retrieve your data (call logs, recordings, etc.) after termination – see Access to Call Data below.

• Any licenses or rights granted to you to use our software or intellectual property end as well. You must cease representing that you use BailVoice. If you had any of our trademarks or logos on your site (for instance, if we allowed you to say “Powered by BailVoice”), you must remove them.

• If termination was due to your breach of these Terms, we reserve any legal rights, such as pursuing fees owed or claims for damages if your breach caused harm (hopefully that never comes up). If termination was without cause (e.g., you simply canceled or we shut down the service generally), then neither party will have further obligations to the other after the effective date, except as stated in sections that survive termination (like confidentiality, data handling, liability limitations, etc., which by their nature continue).

• We may send an optional survey or follow-up to understand why you left and if you were satisfied, but that’s just for our improvement. There’s no further contractual interaction needed except handling any wrap-up of accounts.

Reactivation: If you cancel and later decide to re-subscribe, we’ll welcome you back! Note that your account settings and data might not be retained indefinitely (see Data Retention below). If you reactivate after a short period, some of your configuration might still be available. After longer periods, you might need to set up from scratch. Also, prior pricing or legacy plans might no longer be available, so you’d choose from whatever plans are current at the time.

7. Access to Call Data and Records

During your use of BailVoice, the system will generate and store data such as call logs, audio recordings of calls, and transcripts of conversations (if transcription is enabled). We want to clarify how you can access this data and what happens to it after you leave:

Access During Subscription: While your subscription is active, you can access your call data at any time through the BailVoice dashboard (or via any provided API, if applicable). This includes viewing call details (time, caller number, etc.), playing call recordings, reading transcripts, and downloading those recordings or transcripts. We encourage you to regularly download or backup any important call records that you may need for your own files, especially if you have compliance needs to store communications for a certain period.

Data Portability: If you need assistance exporting your data (for example, downloading all calls from a date range), please contact us – we can help generate an export if the self-service options are insufficient. We want to make sure you are not “locked in” just because of data; it’s your data related to your customers, after all.

Retention Policy: BailVoice’s general data retention policy is to store call recordings and transcripts for a default period (for instance, 1 year from the date of the call) unless you delete them sooner or request a longer retention (business plan permitting). We chose a default retention to balance usefulness (you might need to refer to a call months later) with privacy/storage concerns. We may allow you to adjust this retention period in your settings (for example, you might choose to auto-delete recordings older than 90 days if that suits your privacy policy). Check the dashboard or documentation for current retention options. If you need a custom retention (shorter or longer) and it’s not configurable, reach out to us to discuss.

After Cancellation/Termination: When your subscription ends, we do not immediately wipe out all your data. We will generally retain your call records for a limited period – typically at least 30 days post-termination – during which you can request copies of your data. This grace period is to ensure you have time to retrieve anything you need. Important: It is your responsibility to export any needed data within this period. After the grace period, we reserve the right to permanently delete or anonymize your data from our systems, in accordance with our data retention schedule. We do this for privacy and storage management. Once data is deleted, it cannot be recovered. We are not obligated to keep your call data beyond the retention period, so please don’t rely on us as archival storage once you leave. If laws require us to retain certain data for a longer period (for example, some jurisdictions might require records of certain transactions be kept for X years), we will comply with those laws, but that does not mean you will have access to the data through the dashboard – it might be in offline archives purely for legal compliance.

Your Data Ownership: You (or your company) own the content of the calls and messages between you and your clients. BailVoice does not claim ownership of the information callers provide about their cases or any outcomes. By using the service, you do grant BailVoice the rights to store, process, and transmit the data as needed to provide the service (and improve it), but that’s a license, not a transfer of ownership. We may use aggregated, anonymized data (i.e., data that does not identify you or your callers) to analyze and improve our service, or for industry insights, but we will not sell personal call data or use it to compete with you.

Privacy Considerations: Some of the call data may include personal identifiable information (PII) of your customers (like names, phone numbers, maybe addresses or even sensitive details about an arrest). Both you and we have obligations to protect that. We will handle that data per our Privacy Policy and these Terms – essentially, we treat it as confidential and use it only for providing the service. You should also handle any copies of the data you download with care, in line with your own privacy policy. If a caller (data subject) has a privacy request (like a request to access or delete their personal data under laws like GDPR or CCPA, if applicable), we will cooperate with you to fulfill it, since in context you might be considered the data controller and us the processor. For example, if John Doe calls and later says “delete my data”, you can delete the call from our dashboard and it will purge the recording from our active systems; if he requests a transcript, you can download it. We will assist as needed.

Redaction and Deletion Features: We understand that calls might contain sensitive info (perhaps credit card numbers, social security numbers, etc., even though ideally the AI will not specifically ask for those over the phone). We provide (or are working to provide) tools such as:

• Auto-Redaction: An option to automatically redact or mask certain types of sensitive data in transcripts (for instance, we might automatically detect and mask credit card numbers or SSNs in the text transcripts). This helps if you want to retain the call for reference but don’t want highly sensitive info stored.

• Manual Redaction or Deletion: The ability for you to click and redact portions of a transcript or delete a recording entirely. For example, if a caller accidentally reveals something highly sensitive and you don’t want it stored, you can remove it.

• Opt-Out of Recording: While by default all calls are recorded for quality and record-keeping, if for some reason you or a particular caller do not want a call recorded, we may be able to accommodate that (perhaps via a special code or transferring to a line that isn’t recorded). This is more of an exception handling – by default, recording is on (with disclosure). But if your compliance regime calls for some calls not being recorded (though that’s rare in bail context), talk to us to see if we can configure something.

Keep in mind, if you delete or redact something, we have no way to restore it. Deletion is permanent on our side (except possibly residual backup copies which are typically overwritten after a short time). We are not liable for any loss of data that you intentionally delete or that you fail to download before your access ends.

8. Data Security and Confidentiality

Security Measures: BailVoice takes data security seriously. We implement industry-standard security measures to protect your data. This includes encryption of data in transit (calls and data are encrypted where feasible) and at rest in our databases, secure access controls to our servers, and regular security assessments. However, no system is 100% foolproof. By using the service, you understand that there is always some risk of unauthorized access or data breach, despite our efforts. We do not guarantee absolute security, but we do commit to using commercially reasonable measures and following best practices to safeguard information. If we become aware of a data breach that affects your information, we will notify you as required by law and cooperate on any remedial actions.

Confidentiality: The content of calls and any information you provide to BailVoice that is non-public is considered your confidential information. We will not disclose your confidential information to any third party except: (a) as needed to operate the service (for example, our cloud telephony providers will obviously transmit call audio, our speech-to-text provider will process the audio to create transcripts – these subprocessors are bound by confidentiality as well); (b) as required by law or legal process (if we get a valid subpoena or court order, we might have to provide call records – we will try to inform you unless legally barred); or (c) with your consent. Internally, we restrict access to your call recordings and data to personnel who need it to support your account or improve the system. We may also listen to or review some call recordings for quality control and to refine our AI’s performance (e.g., if the AI misunderstood something, we analyze it to improve the model), but such review is done under strict confidentiality and limited to our team. We treat your call content as confidential business communications. We also expect you to treat any non-public information about BailVoice that we might share with you as confidential. For example, if you’re invited to test a new feature under NDA, or you gain access to our proprietary technology details, you shouldn’t reveal that to competitors or the public.

Third-Party Services: Note that BailVoice may integrate with third-party services as part of delivering the functionality (for example, a transcription service, cloud hosting on platforms like AWS or Azure, SMS delivery services for notifications, etc.). We make efforts to ensure these providers have strong security and confidentiality commitments. However, you acknowledge that your data will pass through and be stored on third-party systems that we do not fully control. Our Privacy Policy details third-party subprocessors we use. By using the service, you consent to this usage of third-party services. We remain responsible to you for the handling of your data by any subcontractors we engage, to the extent provided in our agreement with you.

Data Location: Our servers may be located in the United States (and possibly other jurisdictions if we use global cloud providers). If you are using the service from outside the United States, you acknowledge your data (including call audio) may be transferred to and stored in the U.S. or other locations. We will handle it according to our privacy commitments regardless of location. If certain data localization laws apply to you, please inform us to see if we can accommodate (for example, if you operate in the EU and need data stored in the EU, we need to discuss a specialized arrangement).

Client Privacy Responsibilities: While we secure data on our end, you also have a responsibility when accessing or using data from BailVoice. For example, if you download a call recording onto your laptop, it’s then on you to keep that laptop secure. Or if you share a transcript with a third party, that’s on you. Use good practices like not sharing your login credentials, enabling two-factor authentication if we offer it, and only granting access to the BailVoice dashboard to authorized employees. Immediately notify us if you suspect any unauthorized access to your account or data.

9. AI and Call Recording Disclosure to Callers

Transparency is key when using an AI system to interact with your clients. We want your callers to be informed, both for legal reasons and to maintain trust. Therefore, we include an automated disclosure at the start of each call answered by BailVoice, stating (in substance) that: the caller is speaking with an AI assistant and that the call is being recorded.

Legal Compliance: This disclosure is designed to comply with various laws: for example, certain jurisdictions (like Washington state) require all-party consent for call recording, which can be achieved by announcing the recording at the start. Also, emerging regulations and ethical guidelines suggest informing individuals when they are interacting with an AI rather than a human. By having the AI introduce itself as an AI agent of your company, we meet these requirements and set the proper expectations. By using BailVoice, you agree to let us make this disclosure on your behalf, and you will not attempt to disable or bypass it.

Disclosure Wording: The typical greeting might be something like: “Hello, this is the virtual assistant for XYZ Bail Bonds. I am an automated system that can help answer your questions. This call may be recorded for quality and training purposes.” We tailor the exact phrasing in consultation with you. It will always include an identification of your business, a note that it’s an automated or AI system, and mention of recording. If you prefer certain wording (for example, you might want it to say “recorded for quality assurance”), let us know and we’ll accommodate as long as the key legal elements are present. We recommend being straightforward so callers aren’t confused or feeling misled.

Caller’s Acknowledgement: By continuing the call after hearing the disclosure, the caller is implicitly consenting to both interacting with an AI and being recorded. If a caller explicitly says they do not consent or are uncomfortable, the AI will attempt to apologize and offer to transfer them to a human or end the call. We can configure a fail-safe such that if a caller says “I don’t want to talk to a robot” or “I don’t want to be recorded,” the call is immediately routed to you (if possible) or terminated with a polite message. We find, however, that as long as the disclosure is polite and the AI is helpful, most callers proceed without issue.

Importance of Honesty: We want to emphasize that disclosing the AI nature of the call is not only about legal compliance but also about honesty. You and we do not want to deceive callers. The goal is to serve them efficiently, not to trick them. Regulatory bodies like the FCC have indicated that transparency in automated calls is important. In the unlikely event a caller feels misled (perhaps they didn’t understand the initial disclosure and later realize it’s an AI), we advise you to handle it with good customer service – apologize for any confusion and address their needs personally.

Recording Announcement in All Cases: Even if your jurisdiction is a one-party consent state (meaning legally you wouldn’t have to announce recording), our policy is to still announce it. This is for uniformity and because your callers might be calling from another state (if someone from a two-party consent state calls in, you’d need consent). It’s simpler and safer to just always disclose. It also aligns with good customer service practice.

Your Own Recorded Lines: If for some reason you have a system that already plays a recording disclaimer (some phone systems do), let us know so we don’t end up double-announcing. Typically, you’d disable other announcements and let BailVoice’s greeting handle it, or vice versa. Coordination is key – we don’t want the caller to hear multiple redundant messages.

Changes to Disclosure: We reserve the right to slightly modify the disclosure language as laws change or best practices evolve. For instance, if a new law required a specific wording like “this is an AI, not a human”, we will incorporate that. We will try to keep the disclosure brief and user-friendly while meeting requirements.

By agreeing to these Terms, you confirm that you understand the need for these disclosures and will support their usage. You should also ensure that any of your staff who might manually answer forwarded calls (bypassing the AI in some cases) are aware of the recording and either take over the call with knowledge it’s being recorded or make a manual disclosure if appropriate. (For example, if you occasionally pick up the call mid-way, be mindful that recording is still on – though typically if a human takes over via our system, the caller has already been told about recording at the start.)

10. Acceptable Use Policy

We want BailVoice to be reliable and safe for everyone. By using the service, you agree to this Acceptable Use Policy, which sets out some additional rules of the road for usage:

• No Illegal Content or Behavior: You will not use BailVoice to transmit or store content that is illegal, tortious, or that promotes illegal activity. This includes (but is not limited to) content that is fraudulent, defamatory, harassing, threatening, or hateful. While BailVoice’s AI is mostly the one doing the talking, you could still choose to input certain prompts or information. Do not instruct the AI to engage in illegal discrimination or profanity or anything like that when talking to callers. Keep it professional and lawful.

• No Abuse of the Service: You will not take any action that interferes with or disrupts the integrity or performance of our service or the data contained therein. This means no attempts to hack, DDOS, overload, or exploit vulnerabilities of BailVoice. Also, you should not use BailVoice in a manner that excessively uses resources beyond what is covered by your plan (for example, deliberately keeping the AI on calls for extremely long durations to test it, or running non-stop test calls to scrape transcripts, etc., especially if it impairs others’ use). We may have usage limits in place, and you agree to respect those. If you genuinely need to stress-test something, coordinate with us.

• No Unauthorized Access: Only authorized users (you and your staff who have accounts) should access the BailVoice dashboard or settings. Do not share your passwords publicly or try to access another customer’s data. If you happen to receive someone else’s information by mistake, you must notify us and not misuse it.

• No Resale or Misrepresentation: You are not allowed to resell the BailVoice service to others without our permission. For example, you can’t just sign up and then offer “AI answering services” to other companies by routing their calls through your account – unless you have a reseller agreement or we explicitly allow such use. Similarly, do not misrepresent the service as your own proprietary system in a way that deceives others; you can certainly say “we have an AI assistant answering our phones” (that’s you using the service), but you shouldn’t claim to have built the system or mislead people about how it works if such statements would violate someone’s rights or these Terms.

• AI Limitations and Compliance: Do not try to modify or use the AI in ways that conflict with our Scope of Service and Limitations section. For instance, don’t attempt to jailbreak the AI to do things we forbade (like giving legal advice or making bonding decisions). If you tinker with any provided scripts or if we allow custom intents, you agree not to program the AI to do something that would breach these Terms or any laws. If you do and we find out, we may remove that capability or terminate service.

• No Violation of Others’ Rights: You will not use BailVoice to infringe on the intellectual property or privacy rights of any person. For example, do not upload or use copyrighted content in the service (not that it likely applies to phone calls, but maybe if you tried to use a famous movie clip as your greeting or something – please don’t, unless you have rights). Do not violate privacy rights – ensure you have the right to input or record the information you are processing (which ties back to obtaining consent from callers as required).

• Telephone Numbers and Compliance: If we provide you with any phone number (DID) to use with the service, that number remains our property or our vendor’s property. You’re getting a right to use it while you’re with us. Do not use that number outside our service or in a way not intended (like running your own call campaigns on it separate from the AI). Also, do not use the service to place 911 or emergency calls – our system is not a replacement for a telephone carrier’s emergency calling.

• Feedback and Testing: If you are participating in a beta test or providing feedback, do it in good faith. Don’t use any test environment for production-critical calls because beta features might be unstable. Provide constructive feedback and keep any non-public beta features confidential as requested.

We reserve the right to monitor (automated checks or sampling) the usage of the service for compliance with this Acceptable Use Policy. If we detect possible violations, we may investigate. Violations can result in suspension or termination as noted. We prefer to give warnings and guidance first, but blatant or harmful violations might result in immediate action.

11. Intellectual Property Rights

Our Intellectual Property: BailVoice (and Smitten, LLC) owns all rights, title, and interest in and to the BailVoice service, including all software, algorithms, AI models, recordings (other than your specific call content), prompts, website content, trademarks (like “BailVoice”), logos, and any materials we provide to you. These are protected by intellectual property laws. We are not selling or transferring ownership of any of our IP to you through this agreement. We are granting you a limited, revocable license to use our service and associated materials for your internal business use in accordance with these Terms. You agree not to copy, modify, distribute, sell, or lease any part of our software or content (except your own data) and not to reverse engineer or attempt to extract the source code of our software, unless laws prohibit those restrictions or you have our written permission. If you provide suggestions or feedback about the service, we may use those ideas without obligation to you (for example, if you suggest a feature and we incorporate it, we still own that feature).

Your Intellectual Property: You retain ownership of the content you provide to us. For instance, your business name, logo, and any custom prompts or scripts you give us remain yours. The audio of calls and information callers provide are considered your confidential business communications (as between you and us). We don’t take ownership of your data. However, you grant us a license to use, store, and process your data for the purposes of providing the service, as well as to improve the service. For example, we might use recordings of calls to train our AI models to better recognize speech or respond, but that training use will be internal and we won’t publish your raw call content. Any personal data will be handled as described in these Terms and our Privacy Policy.

Caller Content: If callers leave voicemails or send texts (if such features apply) or otherwise provide content, you are responsible for having the right to use that content. We just process it for you. If a caller says something or provides a document that is copyrighted or confidential, we wouldn’t know – that’s between you and the caller. We will treat everything as confidential as stated.

Third-Party IP: We respect intellectual property rights of third parties. If you believe BailVoice or content on it infringes your copyright or other IP rights, please notify us with specifics (such as a DMCA takedown notice for copyright). We will investigate and respond appropriately, which may include removing or disabling access to the allegedly infringing material. If any part of the service is found to infringe someone’s IP and we can’t reasonably obtain the right to use it or modify it, we may terminate this agreement with you (with a refund for any prepaid period for the affected service) and have no further liability, or we’ll work on a fix. This is pretty unlikely, but just to cover bases.

Your Name and Marks: We may, with your consent, use your company name or logo in our customer lists or marketing materials (e.g., saying “BailVoice is proud to serve [Your Agency]”). Let us know if you’re not okay with this, and we won’t. Conversely, if you want to advertise that you use BailVoice, we’re usually fine with that – just let us approve any description of our service for accuracy and ensure proper use of our trademark (don’t alter our logo, etc.).

12. No Warranties (Service Provided “As Is”)

BailVoice aims to provide a high-quality, reliable service, but there are some things we cannot promise. Except as expressly set forth in this agreement, the BailVoice service is provided “AS IS” and “AS AVAILABLE”.

We and our suppliers disclaim all warranties and representations of any kind, whether express, implied, or statutory, to the fullest extent permitted by law. This includes, but is not limited to:

• Implied Warranties: We disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. For example, we are not guaranteeing that the service will fit your particular business needs or that it will work flawlessly in every scenario.

• No Guarantee of Accuracy or Outcomes: We do not warrant that the information or responses provided by the AI will always be correct, complete, or suitable for every situation. While we strive for accuracy and useful answers, the AI is a tool that might occasionally err or require your oversight. You assume all risk for any decisions made based on the AI’s communications. We encourage you to double-check critical information.

• Service Uptime and Quality: We do not guarantee that the service will be uninterrupted, timely, secure, or error-free. We will do our best, but we make no warranty that calls will always be answered or that the system will always be accessible. There might be downtime, and call quality can depend on phone networks, etc.

• Integration and Compatibility: We do not warrant that the service will be compatible with all phone systems or third-party integrations except as specifically stated. For example, if you try to forward some unusual VoIP setup to us, we’ll try to make it work but can’t promise compatibility.

• No Warranty on Legal Compliance: While we incorporate compliance features (like the call recording announcement and limitations on AI actions), we do not warrant that using our service will make you compliant with all laws. We assist with compliance, but ultimate responsibility is on you. We are not providing legal advice via the service or these Terms. If you follow our general guidance it should help, but we can’t guarantee that some application of the service might not raise an issue – especially if you use it in a novel way we didn’t anticipate.

• Third-Party Services: We don’t warrant any third-party service or product that we don’t control. For example, if we integrate with an SMS provider to send you notifications, we aren’t responsible for that provider’s reliability. If they fail, we can’t be held accountable for their failure, though we’ll make efforts to remedy issues.

• Beta Features: If you are using any beta or experimental features, those are provided “as is” without any warranties at all. They’re use-at-your-own-risk until officially launched.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not fully apply to you. In such cases, we limit warranties to the minimum extent permitted by applicable law.

In summary, we want to set appropriate expectations: We will provide the service professionally and with reasonable care, but we are not making promises beyond what is explicitly stated. If something does go wrong, we will try to fix it, but we won’t be contractually in breach just because the AI missed a call or misunderstood someone. That’s where the limitation of liability below comes in, to further clarify the division of risk.

13. Limitation of Liability

Use at Your Own Risk: To the maximum extent permitted by law, in no event will BailVoice (Smitten, LLC), its affiliates, or its suppliers be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or related to the service or these Terms. This exclusion includes any loss of profits, loss of business, loss of data, loss of goodwill, or the cost of substitute services, even if we have been advised of the possibility of such damages. In plain English, if something goes wrong and you incur costs or losses, we are not on the hook for anything other than perhaps a refund of what you paid us (as detailed below). We are certainly not liable for any amount of damages beyond what you have paid for the service.

Liability Cap: Our total cumulative liability to you for any and all claims arising from or related to the service or these Terms (whether in contract, tort, negligence, strict liability, violation of law, or any other legal theory) is limited to the amount you have paid us in the 12 months prior to the event giving rise to the claim. If the claim happened in your first year of service, then the cap is the total amount paid to date. If you are on a free trial and haven’t paid anything, our liability for any issue is at most $100 (since we have received no payment to apply the 12-month rule). This cap is an aggregate across all claims; for example, if there are multiple issues, the cap doesn’t reset per issue.

Exceptions: We do not exclude or limit liability for any liability that cannot be excluded by law. For instance, some jurisdictions do not allow limiting liability for death or personal injury caused by negligence, or for gross negligence or willful misconduct. We obviously aren’t trying to limit that in any illegal way. But given the nature of our service, those situations are highly unlikely (the service isn’t physically dangerous – but theoretically, if our service failed and someone stayed in jail longer, we still aren’t accepting liability for that consequence, as painful as it might be, because we cannot guarantee outcomes).

Third-Party Claims: Under no circumstances will we be liable for any claims or demands made against you by any third party, except as outlined under the Indemnification section where we might defend you for certain IP claims. For example, if a caller sues you because they felt something the AI said was improper, that’s your responsibility, not ours (again, unless it was a result of our violation of some IP right or law as specified in indemnities). Or if a regulator fines you for a compliance issue related to your use of the service, that’s on you as we’ve disclaimed being your legal compliance guarantor.

Your Responsibility for Your Business: You acknowledge that you have decision-making authority and responsibility in how you use BailVoice. The service is just one component of your operations. You should have your own insurance and risk management for your business activities. BailVoice’s fee is small relative to the potential liabilities in the bail bond business (which can be high if something goes wrong in a case). It would not make sense for us to accept liability beyond what you pay us. This allocation of risk is part of the basis of our bargain.

Multiple Users and Account Holders: If you have multiple authorized users in your account (say, your employees accessing call records), our liability towards the entire account (company) is still capped as above, not multiplied by number of users. The company (or main subscriber) is considered the beneficiary of these Terms and the one to whom any liability cap applies.

Release: To the extent legally permitted, you release us from any and all liability or claims for any injuries, damages, or losses (direct or indirect) that arise in any way from your use of BailVoice. If you are a California resident, you waive California Civil Code §1542 (which says a general release doesn’t extend to claims you don’t know or suspect exist in your favor at the time of signing) – basically, you waive any laws that would prevent this release from applying to unknown claims.

We know this section sounds heavy, but it’s standard for technology services. We stand behind our service and will work with you to resolve issues; we just need to clearly delineate that we can’t take on open-ended liability for things beyond our control or for how you use the service.

14. Mutual Indemnification

Your Indemnification of Us: You agree to defend, indemnify, and hold harmless Smitten, LLC (BailVoice) and its affiliates, officers, directors, employees, agents, and partners from and against any and all third-party claims, demands, suits, or proceedings (collectively, “Claims”), and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) that arise from or relate to:

• Your Violation of Law or Terms: Your use of the service in violation of these Terms or any applicable law or regulation. For example, if a government agency or private party brings a claim against us because you used BailVoice to make unlawful robocalls or to engage in unauthorized bail practices, you will cover us for all costs and damages associated with that.

• Your Business Operations: Any aspect of your business that is not directly caused by BailVoice. For instance, if a caller sues you (and includes us) alleging that they relied on information you (or the AI configured by you) gave and it was wrong, or if someone claims you failed to appear for them or mismanaged a bond, that’s on you, not us. We are not providing your services, you are. So you’d indemnify us if we get dragged into any dispute between you and one of your customers or any injury stemming from your services.

• Your Content or Instructions: Any content or materials you provide to us (like your prompts, or data you input) or your specific instructions to the AI that result in a Claim. For example, if you gave us a script that infringes someone’s copyright or that contains defamatory statements and a third party sues, you indemnify us. Or if you instruct the AI to do something and that causes someone to sue, you indemnify us.

• Data or Privacy Breaches on Your Side: If a Claim arises from your side of data handling – e.g., you expose call data by not securing your login, or you misuse caller information – you will indemnify us for any resulting third-party claims (like a caller’s lawsuit for privacy invasion).

• Combined Use: If you combine our service with other services or modify it in a way not intended, and that triggers a Claim, you indemnify us.

Our Indemnification of You: We also agree to defend, indemnify, and hold you (and your officers, directors, employees) harmless from any third-party Claims and related costs arising from or relating to:

• Intellectual Property Infringement: A claim that the BailVoice service itself (in its unmodified form provided to you) directly infringes a third party’s U.S. patent, copyright, or trademark, or misappropriates a third party’s trade secret. If such a claim arises, we may choose to (a) obtain the right for you to continue using the service, (b) modify or replace the service so it’s no longer infringing, or (c) if those are not feasible, terminate your use of the service and refund any prepaid fees for unused services. We will not have an obligation to indemnify for claims that relate to combinations of our service with other products you use (where the issue wouldn’t exist but for the combination), or for uses of the service in violation of these Terms or after we told you to stop due to an issue. Also, if the claim arises from content or data you provided, that’s on you, not us. This IP indemnity is meant to cover the base technology of our service.

• Our Legal Violations: If a claim arises because we violated a law in our provision of the service (unrelated to any misuse by you). This is unlikely, but for example, if a regulator said our system as designed was illegal (not because of how you used it, but inherently), or if we had a data breach due to our negligence and someone sues you for that, we would indemnify for those types of claims. Essentially, we cover you for things that are directly our fault beyond the contractual scope.

Indemnification Procedures: The indemnified party (the one seeking coverage) must: (a) promptly notify the indemnifying party in writing of the Claim (delay in notice only relieves the obligation if it prejudiced the defense); (b) give the indemnifying party sole control of the defense and settlement of the Claim (provided that any settlement that imposes non-monetary obligations or admission of fault on the indemnified party will require that party’s consent); and (c) provide reasonable assistance in the defense at the indemnifying party’s expense. The indemnifying party will not settle any Claim in a manner that admits fault of or imposes liability on the indemnified party without that party’s prior written consent (not to be unreasonably withheld).

This mutual indemnity is a key part of sharing risk: you protect us from issues you cause, and we protect you from issues we cause.

15. Dispute Resolution and Governing Law

Governing Law: These Terms and any dispute arising out of or relating to the service or this agreement will be governed by the laws of the State of Washington (USA), without regard to its conflict of laws principles. However, if you are using the service in another state or country that mandates the use of its laws (for example, because you’re contracting as a consumer in the EU), then those mandatory protections remain in force. But generally, as between us, we choose Washington law as the baseline.

Initial Effort to Resolve: We value our relationship with you and would like to address any concerns without formal proceedings if possible. If you have an issue with the service or believe we’ve breached these Terms, please contact us and we will try to resolve it informally through discussions. Likewise, if we have an issue (like unpaid fees or suspected misuse), we’ll reach out to you. Often a quick call or email can clear things up.

Agreement to Arbitrate: If we cannot resolve a dispute informally, you and we agree to resolve any claims relating to these Terms or the BailVoice service by binding arbitration, rather than in court, except for the exceptions below. “Claim” here includes any dispute, whether based on contract, tort, statute, or otherwise, between you and us (and/or our affiliates or employees) arising out of or relating to these Terms or the service. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration provision (even though we said Washington law generally, arbitration clauses are often governed by the FAA).

Arbitration Process: The arbitration will be administered by a neutral arbitrator and conducted through a reputable arbitration provider. Unless we agree otherwise, it will be under the rules of the American Arbitration Association (AAA) for commercial disputes (or if you are an individual and it’s deemed a consumer matter, then AAA’s consumer rules may apply). You may also agree to use JAMS or another service if both parties consent. The arbitration will be held in Walla Walla County, Washington (or another mutually agreed location, or via video/telephone conference for convenience, especially if the amounts are small). The arbitrator can award any relief that a court could, including monetary, declaratory, or injunctive relief on an individual basis. The arbitrator will provide a reasoned written decision if requested by either party.

Costs of Arbitration: Each party is responsible for its own attorneys’ fees, but if you cannot afford the arbitration fees, let us know – for bona fide financial hardship, we will consider advancing or covering administrative costs (especially if your claim isn’t frivolous). The arbitrator may award fees and costs to the prevailing party as allowed by law or the arbitration rules (for example, if a claim is found frivolous, the arbitrator could order the claimant to pay the other’s fees).

Exceptions to Arbitration: Both you and BailVoice retain the right to:

• Small Claims Court: If your claim is within the jurisdictional limit of small claims court in Walla Walla, WA (or your local small claims if required by law), you may choose to file in small claims court instead of arbitration. As long as the claim remains in small claims and is not combined with others, that’s fine.

• Injunctive Relief for IP or Misuse: Either party may seek temporary or preliminary injunctive relief in a state or federal court in Washington to prevent an imminent misuse of intellectual property or breach of confidentiality or data security that would cause irreparable harm (for example, if you tried to steal our software or we found you are exposing caller data, we don’t have to go to arbitration first to stop it; similarly if you think we’re misusing your data, you could seek an immediate court order). This is not for seeking damages, just emergency stop-gap measures.

• Opt-out: If you are a new user, you have the right to opt out of this arbitration agreement by sending us written notice within 30 days of accepting these Terms, stating that you wish to opt out of the arbitration clause. Include your name and account info. If you do so, neither you nor we can require the other to arbitrate. (However, past that 30-day window, this agreement to arbitrate remains in effect binding both of us.)

No Class Actions: You and we agree that all claims will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. This means no class actions, no class arbitrations, and no consolidation of your claim with others. The arbitrator can only decide your and/or our individual claims. If this class action waiver is found unenforceable, then the entire arbitration agreement shall be null and void (meaning the dispute would then proceed in court, probably as a class, but that’s only if a court refuses to enforce the waiver, which we’d contest).

Jurisdiction for Litigation: In the event the arbitration clause is not enforced for a particular dispute and it goes to court (or for any of the exceptions where court action is allowed), the case shall be brought in the state or federal courts located in Walla Walla County, Washington. Both you and we consent to venue and personal jurisdiction in those courts for such purposes. If you are in a different country or state and mandatory law gives you the right to sue in your locale, this provision doesn’t override that for non-arbitration matters; but for most business users, Washington is the agreed forum.

This dispute resolution section is important. By agreeing, you’re giving up the right to a trial by jury and to participate in a class action against us, which we believe helps both parties resolve issues more efficiently.

16. Force Majeure

Neither party will be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control. This includes, but isn’t limited to: acts of God (e.g. earthquakes, floods, hurricanes), acts of government (e.g. government shutdowns, new laws that impede service), war, civil unrest, acts of terror, strikes or other labor problems (excluding those involving our own employees), Internet or telecommunications failures (e.g. major outage at a telecom provider or cyberattacks that cripple infrastructure), power outages, fire, epidemic or pandemic (and related government actions like quarantines), or any other event of a magnitude or type for which precautions are generally not taken in the industry.

In the event of a force majeure, the affected party should notify the other as soon as practicable, describing the nature of the event and expected duration of the impact. The duties of the affected party are suspended for the period of the force majeure. The party must make good-faith efforts to mitigate the impact and resume full performance as soon as reasonably possible.

For example, if a massive internet backbone failure occurs and our cloud provider is down, BailVoice might not function – we wouldn’t be liable for that downtime caused by the outage. Similarly, if you are in an area hit by a disaster and can’t use the service or pay us on time, we’d have understanding that those obligations are paused.

If the force majeure event lasts an extended period (say more than 30 days) and substantially affects the service, either party might have the right to terminate the agreement without penalty (if, for instance, we cannot provide service for 2 months due to something catastrophic, you shouldn’t be obliged to keep paying; conversely, if you can’t operate for 2 months due to a disaster, we might let you out of the contract). We will handle such situations case-by-case with fairness in mind.

17. Miscellaneous Provisions

Entire Agreement: These Terms (along with any applicable Order Form or pricing agreement and our Privacy Policy) constitute the entire agreement between you and BailVoice regarding the service. They supersede all prior or contemporaneous communications, proposals, or agreements (whether oral or written) between us relating to the service. In other words, what’s in writing here is what we’re agreeing to. Any changes or amendments to this agreement must be in writing and agreed by both parties (except that we may update the Terms as described below).

Updates to Terms: We may update or modify these Terms from time to time. If we make material changes, we will notify you (for example, by email or a prominent notice on the dashboard) at least 15 days before the changes take effect, or longer if required by law. If you continue to use the service after the effective date of the updated Terms, that constitutes your acceptance of the changes. If you do not agree to the revised Terms, you should stop using the service and may cancel your subscription. We try not to change terms frequently, but as our business and the law evolve, some updates may be necessary (for example, to add new features or address new legal requirements).

No Waiver: If either party fails to enforce a provision of these Terms or delays in doing so, that does not mean they have waived their right. Any waiver of rights must be explicit and in writing. For instance, if we don’t immediately act on a violation of these Terms by you, we still have the right to enforce it later or enforce other provisions. One forbearance doesn’t mean future ones.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect. The idea is that we want the rest of the agreement to still work even if one part is struck down. For example, if a specific time limit in the dispute section was not allowed, it would be severed, but the rest of arbitration clause would remain.

Assignment: You may not assign or transfer these Terms (or any rights or obligations in them) to anyone else without our prior written consent. Any attempt to do so without consent is void. (The only exception is if you undergo a full business acquisition or merger, you can transfer the agreement to the successor as long as you provide notice to us and the successor is also a licensed bail bond entity that agrees to be bound by these Terms.) We may assign these Terms or delegate our obligations to an affiliate or as part of a merger, reorganization, or sale of our business or assets. These Terms will bind and benefit any permitted successors or assigns.

Independent Contractors: The relationship between you and BailVoice is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between us. You are not an agent of BailVoice, and BailVoice is not an agent of you. Neither of us has the authority to bind the other to any third party, contractually or otherwise. This is important especially to reiterate that we are not providing your services – we provide a tool, and you use it. Your business is yours to run.

No Third-Party Beneficiaries: These Terms are for the benefit of you and us, and not for any other person or entity. That means no third party (e.g., one of your customers) has the right to enforce any provision of these Terms against us. If your customer has an issue, that’s between you and them; these Terms don’t give them rights to sue us (they’d have to go through you or have an independent cause of action outside this contract). Similarly, our suppliers aren’t directly a party to this contract, though we can enforce things on their behalf as needed.

Notices: Official notices under these Terms should be sent via email or through the service as designated. For example, you can reach us at the contact info provided on our website (or support@bailvoice.com for legal notices), and we will use the email address on file for your account for notices to you. We might also send legal notices to your physical address if we have it. Email notices are considered given when sent, as long as the sender doesn’t get an error. Either party should update the other if contact information changes. Informal communications (like support chats) are great for day-to-day, but formal contract notices should be clearly indicated as such.

Headings and Interpretation: The section headings in this document are for convenience only and have no legal effect. These Terms were written in plain language and jointly by the parties (even though we drafted it, you had the opportunity to review and ask questions), so any ambiguities shall not be construed in favor of or against either side by virtue of authorship.

Survival: Any provisions which by their nature should survive termination of these Terms (such as payment obligations accrued, data handling commitments, confidentiality, no warranties, liability limits, indemnities, dispute resolution, etc.) will survive. Termination doesn’t wipe those out.

Counterparts / Electronic Acceptance: If these Terms are ever signed physically (in some enterprise contract scenario), they could be executed in counterparts. But for most users, you accept these Terms electronically by clicking an “I Agree” or by using the service. That action is as binding as a signature.

Finally, we want to thank you for taking the time to read these Terms. We know it’s long, but it’s important to set expectations right. Our goal is to provide a great service that helps your bail bond business and stays compliant. If you have any questions or concerns about these Terms or any aspect of the service, please reach out to us. We value our partnership and are here to support you.

By using BailVoice, you confirm that you have read and understood these Terms and agree to abide by them. Let’s answer some calls and help get people home on bail, efficiently and lawfully!