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Terms of Service

ZeroMiss LLC - AI Front Desk Service

Last Updated: February 2026

1. Agreement to Terms

By accessing or using the AI Front Desk service ("Service") provided by ZeroMiss LLC ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. Description of Service

The Service provides:

3. Eligibility

You must be:

4. Account Registration

4.1 Account Creation

You must provide accurate, complete, and current information during registration. You are responsible for maintaining the confidentiality of your account credentials.

4.2 Account Security

You are responsible for all activities under your account. Notify us immediately of any unauthorized access.

5. Voice Cloning Consent

5.1 Authorization Required

Use of voice cloning features requires execution of a separate Voice Recording Consent form. You represent and warrant that:

5.2 Prohibited Uses

You may NOT use the cloned voice for:

5.3 Deep-Fake and Synthetic Media Compliance

You acknowledge that AI-generated voice content may be subject to state and federal laws governing synthetic media. You are solely responsible for compliance with all applicable laws, including any disclosure requirements. We are not liable for your failure to comply with synthetic media regulations.

5.4 Revocation and Deletion

You may revoke voice cloning consent at any time by written notice. Upon revocation:

6. Client Responsibilities

6.1 Accuracy of Information

You are responsible for providing accurate business information including:

6.2 Prompt Review

You must review and approve AI prompts and settings before going live. You are responsible for the content your AI communicates.

6.3 Monitoring

You should regularly review call transcripts and recordings to ensure quality and accuracy.

6.4 Compliance

You are responsible for compliance with laws applicable to your business, including:

6.5 Prohibited Content

You may not configure the AI to:

7. Fees and Payment

7.1 Subscription Fees

7.2 Payment Terms

7.3 Price Changes

We may change pricing with 30 days' notice. Continued use after the effective date constitutes acceptance.

7.4 No Refunds

Fees are non-refundable except as required by law.

8. Service Level

8.1 Availability

We target 99.5% monthly uptime but do not guarantee uninterrupted service. We rely on third-party providers (Retell, ElevenLabs, Twilio) whose outages may affect Service availability. Uptime is calculated as: ((total minutes in month - downtime minutes) / total minutes in month) x 100.

8.2 Service Credits

If monthly uptime falls below 99.5% due to issues within our reasonable control (excluding third-party outages and Force Majeure events), you may request a service credit:

Monthly Uptime Service Credit
99.0% - 99.5% 10% of monthly fee
95.0% - 99.0% 25% of monthly fee
Below 95.0% 50% of monthly fee

Credits must be requested within 30 days of the affected month. Credits are applied to future invoices and do not exceed one month's fees. Service credits are your sole remedy for downtime.

8.3 Support

Support is available via email during business hours. Response time target: 24 hours for non-urgent issues, 4 hours for service outages.

8.4 Maintenance

We may perform scheduled maintenance with reasonable notice. Emergency maintenance may occur without notice. Scheduled maintenance windows do not count against uptime calculations.

9. Intellectual Property

9.1 Our Property

The Service, including software, algorithms, and documentation, is our proprietary property protected by intellectual property laws.

9.2 Your Content

You retain ownership of your business information, prompts, and voice recordings. You grant us a license to use this content solely to provide the Service.

9.3 Voice Models

AI voice models created from your recordings are considered our property but are:

10. Data Privacy

10.1 Privacy Policy

Our collection and use of data is governed by our Privacy Policy, incorporated herein by reference.

10.2 Call Data

We record and store calls made through the Service. Recordings are:

10.3 Caller Data

Information collected from callers (name, phone, appointment details) is:

10.4 SMS/Text Messaging Terms

The Service sends transactional SMS messages on behalf of your business. By signing up for ZeroMiss and providing a mobile phone number, you consent to receive text messages from ZeroMiss related to the Service.

Types of messages sent:

Consent: Business owners consent to receive SMS notifications by providing a mobile phone number during account registration and agreeing to these Terms. Callers consent by voluntarily providing a phone number and requesting a text during a live phone call (e.g., “text me a payment link” or “send me a confirmation”). Messages are transactional and triggered only by real-time call events or account activity—never bulk or marketing sends.

Message frequency: Message frequency varies based on call volume and account activity. Business owners may receive 1–10 messages per day depending on call traffic and notification preferences. Callers typically receive 1–2 messages per call interaction.

Opt-out: You can opt out of SMS messages at any time by replying STOP to any message. After opting out, you will receive one final confirmation message. You may opt back in by replying START or by updating your notification preferences in the portal.

Help: Reply HELP to any message for support information, or contact us at jessica@zeromiss.co or (866) 763-9915.

Message and data rates: Message and data rates may apply. Check with your wireless carrier for details.

No sharing: Your mobile phone number and SMS-related information will not be shared with or sold to third parties or affiliates for marketing or promotional purposes. Mobile information is used exclusively for the transactional service communications described above.

Carriers supported: Major U.S. carriers are supported. Carriers are not liable for delayed or undelivered messages.

11. HIPAA Compliance (Healthcare Clients)

11.1 Business Associate Agreement

If you are a HIPAA-covered entity, you must sign our Business Associate Agreement (BAA) before using the Service.

11.2 PHI Handling

With a BAA in place, we will:

11.3 Your HIPAA Obligations

You remain responsible for your own HIPAA compliance, including patient authorizations and notices.

12. Disclaimers

12.1 AI Limitations

THE SERVICE USES ARTIFICIAL INTELLIGENCE WHICH MAY:

YOU ACKNOWLEDGE THAT AI IS NOT PERFECT AND ACCEPT THESE LIMITATIONS.

12.2 No Professional Advice

The AI does not provide medical, legal, financial, or other professional advice. You must configure prompts to avoid such advice.

12.3 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR NON-INTERFERENCE.

12.4 Client Validation Requirement

YOU ACKNOWLEDGE THAT AI-GENERATED RESPONSES MAY CONTAIN ERRORS, INACCURACIES, OR INAPPROPRIATE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING CALL TRANSCRIPTS, VALIDATING AI OUTPUTS, AND CORRECTING ANY ERRORS. WE ARE NOT LIABLE FOR BUSINESS DECISIONS, CUSTOMER INTERACTIONS, OR OUTCOMES BASED ON AI-GENERATED CONTENT THAT YOU FAILED TO REVIEW OR CORRECT.

12.5 Disclaimer Limitations

NOTHING IN THIS SECTION LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR BREACH OF HIPAA OBLIGATIONS UNDER A SIGNED BAA.

13. Limitation of Liability

13.1 Cap on Damages

EXCEPT AS PROVIDED IN SECTION 13.4, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000).

13.2 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR:

13.3 Third-Party Services

We are not liable for failures of third-party services (Retell, ElevenLabs, Twilio, calendar providers).

13.4 Exceptions to Liability Cap

The limitation in Section 13.1 does NOT apply to:

14. Indemnification

14.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless ZeroMiss LLC, its officers, directors, employees, and agents ("Indemnitees") from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) to the extent arising from:

14.2 Indemnification Limitations

Your indemnification obligations do NOT extend to claims arising from:

14.3 Indemnification Procedures

We will (a) promptly notify you of any claim subject to indemnification, (b) provide reasonable cooperation at your expense, and (c) allow you to control the defense and settlement, provided any settlement does not impose obligations on us without our written consent.

15. Termination

15.1 Termination by You

You may cancel your subscription at any time with 30 days' notice. No refunds for partial months.

15.2 Termination by Us

We may terminate or suspend your account immediately for:

15.3 Effect of Termination

Upon termination:

15.4 Data Export

Upon written request made within 30 days of termination, we will provide an export of your data in a commonly used format (CSV or JSON), including:

Voice recordings are available for download via the dashboard during the 30-day retention period. Data export requests are fulfilled within 14 days.

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of the State of Pennsylvania, without regard to conflict of law principles.

16.2 Informal Resolution First

Before initiating formal dispute resolution, the parties agree to attempt informal resolution by contacting each other in writing and negotiating in good faith for at least thirty (30) days.

16.3 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Lancaster, Pennsylvania. Judgment on the award may be entered in any court of competent jurisdiction.

16.4 Waiver of Jury Trial

THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO A JURY TRIAL. The arbitrator may award any remedy or relief that a court of competent jurisdiction could award, including monetary damages, injunctive relief, and attorneys' fees.

16.5 Individual Claims Only

All arbitration shall be conducted on an individual basis. THE PARTIES WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.

16.6 Small Claims Exception

Either party may bring claims in small claims court if eligible, provided the claim is brought on an individual basis.

17. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from Force Majeure Events, including but not limited to:

The affected party must notify the other party promptly and make reasonable efforts to mitigate the impact. If a Force Majeure Event continues for more than 30 consecutive days, either party may terminate this Agreement without penalty upon written notice.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any signed agreements (BAA, Voice Consent), constitute the entire agreement between the parties.

18.2 Modifications

We may modify these Terms with notice. Continued use after modifications constitutes acceptance.

18.3 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

18.4 No Waiver

Failure to enforce any provision does not waive our right to enforce it later.

18.5 Assignment

You may not assign your rights under these Terms without our written consent.

19. Contact Information

ZeroMiss LLC

Email: jessica@zeromiss.co

Phone: (866) 763-9915

Address: Lancaster County, Pennsylvania

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.