Terms of Service
ZeroMiss LLC 250 Marticville Rd Conestoga, PA 17516
Effective Date: April 3, 2026
1. Agreement to Terms
By accessing or using the ZeroMiss Smart Voicemail platform (the “Service”) you (the “Client” or “you”) agree to be bound by these Terms of Service (the “Terms”). If you do not agree to these Terms, you may not use the Service.
2. Description of Service
ZeroMiss provides an AI‑powered Smart Voicemail platform that: - Answers missed calls and provides AI‑generated spoken responses; - Generates call transcripts and summaries; - Books appointments and syncs them to Google Calendar or Microsoft Outlook; - Sends SMS notifications via Twilio; - Captures call metadata (caller number, timestamp, duration, outcome); - Offers optional call recording that is enabled and controlled by the Client.
The Service is delivered through third‑party providers including Retell AI (speech‑to‑text and AI response generation), ElevenLabs (optional voice cloning), Twilio (telephony/SMS), Supabase (database), Google Cloud (hosting), Microsoft Graph (Outlook integration), and SendGrid (email).
ZeroMiss offers an optional Voice Cloning add‑on (available as a separate Stripe product) that uses ElevenLabs to create an AI voice model replicating the Client’s voice. Voice cloning requires execution of a separate Voice Cloning Consent form before any voice samples are recorded or processed.
3. Eligibility
You must be at least 18 years old and have the authority to bind the business entity you represent.
4. Account Registration
- You must provide accurate, complete, and current information during registration and keep it up to date.
- You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
- Notify legal@zeromiss.co immediately of any unauthorized use.
5. Fees, Payment, and Pricing
5.1 Service Tiers
| Tier | Catch Minutes Included | Monthly Fee | Overage Rate (per minute) |
|---|---|---|---|
| Starter | 100 | $29 | $0.10 |
| Essentials | 300 | $79 | $0.09 |
| Growth | 750 | $149 | $0.08 |
| Pro | 2,000 | $299 | $0.07 |
| Enterprise | 5,000 | $499 | $0.06 |
5.2 Billing
- Fees are billed in advance on a monthly basis via Stripe.
- Payments are due on the first day of each billing period.
- Late payments accrue interest at 1.5 % per month (or the maximum lawful rate). If payment is more than 15 days past due, ZeroMiss may suspend the Service.
- Overages are charged at the per‑minute rates shown above.
- No refunds are provided for partial months, except as required by law.
- ZeroMiss may change pricing with at least 30 days notice; continued use after the effective date constitutes acceptance.
6. Term and Termination
- Initial Commitment. The initial term of this Agreement is three (3) months.
- Renewal. After the initial term, the relationship continues on a month‑to‑month basis and may be terminated by either party with 30 days written notice.
- Termination for Cause. ZeroMiss may terminate immediately for material breach or illegal use.
- Effect of Termination. Upon termination, access to the Service ends. ZeroMiss will retain your data for 15 days to allow export and then delete it, except where retention is required by law.
- Data Export. Upon termination, Client may request a data export within 15 days of termination. Data will be provided in a ZeroMiss standard format (CSV or JSON) at no charge.
7. Acceptable Use
You may not use the Service to: - Violate any applicable law, including the TCPA and state call‑recording statutes; - Send unsolicited spam, harassing, or abusive communications; - Engage in fraud, deception, or any illegal activity; - Reverse engineer, decompile, or otherwise attempt to derive the underlying code or models; - Develop a competing product using ZeroMiss technology or data.
8. Call Recording & Consent
- Call recording is optional and may be enabled only by you.
- When enabled, you are solely responsible for obtaining all required consents under the TCPA and applicable state laws.
- By default, only call metadata is stored; recordings are stored only when you opt‑in.
8A. Voice Cloning (Optional Add‑On)
- Voice cloning is an optional paid add‑on. You must sign a separate Voice Cloning Consent form before any voice samples are recorded.
- You represent and warrant that you have the legal right to authorize voice cloning of the voice provided, and that you have obtained written consent from the voice owner if the voice is not your own.
- You may not use the cloned voice for fraud, impersonation, deceptive practices, harassment, political advertising without required disclosures, or any purpose beyond your business’s AI voicemail service.
- You acknowledge that AI‑generated voice content may be subject to state and federal synthetic media laws. You are solely responsible for compliance.
- You may revoke voice cloning consent at any time. Upon revocation, ZeroMiss will cease using your voice model within 7 days and permanently delete it within 30 days (backup copies within 90 days).
- Voice models are created using ElevenLabs technology. The model is used exclusively for your business and is not shared with other clients.
9. AI Output Disclaimer
AI‑generated responses, transcripts, and summaries are provided “as is” without any warranty of accuracy, completeness, or fitness for a particular purpose. You must review and validate all AI output before relying on it for business decisions or communications.
10. HIPAA Compliance
- Not HIPAA Compliant. The Services are NOT designed for Protected Health Information (PHI) and are not HIPAA compliant by default.
- Business Associate Agreement. HIPAA compliance is available only via a separate Business Associate Agreement (BAA) that ZeroMiss approves in writing.
- Prohibition. Client shall not upload or process PHI unless such a BAA is executed.
11. Privacy Policy
ZeroMiss’s collection, use, and disclosure of personal data are governed by the ZeroMiss Privacy Policy, incorporated herein by reference. The Privacy Policy is available at https://www.zeromiss.co/privacy and was last updated on April 3, 2026.
12. Intellectual Property
- ZeroMiss IP. All software, AI models, algorithms, and documentation underlying the Service remain the exclusive property of ZeroMiss.
- Client Content. You retain all rights to the data you provide (business information, prompts, recordings). You grant ZeroMiss a worldwide, royalty‑free license to use that content solely to provide the Service.
- Indemnification for IP. ZeroMiss will indemnify you against third‑party claims that the unmodified Service infringes a valid U.S. patent, copyright, or trade secret, provided you (i) promptly notify ZeroMiss of the claim, (ii) give ZeroMiss control of the defense, and (iii) allow ZeroMiss to remedy the claim by (a) procuring a license, (b) modifying the Service, or (c) terminating the Service and refunding prepaid fees.
13. Indemnification
- Client Indemnifies ZeroMiss. You will indemnify, defend, and hold harmless ZeroMiss, its affiliates, officers, directors, employees, and agents from any third‑party claim, loss, or expense arising out of (a) your business operations, (b) content you provide or cause the Service to generate, (c) any violation of TCPA, recording consent, or other applicable law, and (d) any breach of these Terms.
- ZeroMiss Indemnifies Client only as described in Section 12.
14. Limitation of Liability
- Cap. ZeroMiss’s total aggregate liability for any claim arising out of or related to the Service shall not exceed the fees actually paid by you in the six (6) months preceding the claim. There is no minimum floor.
- Exclusions. The cap does not apply to (a) fraud or willful misconduct, or (b) any liability that cannot be limited by applicable law.
- No Indirect Damages. Neither party shall be liable for indirect, consequential, special, or punitive damages.
15. Confidentiality
Each party will protect the other’s confidential information with at least reasonable care and will use it solely for performance of these Terms. Confidentiality obligations survive termination for five (5) years; trade‑secret obligations survive indefinitely.
16. Force Majeure
Neither party shall be liable for any failure to perform caused by events beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, governmental actions, and failures of third‑party providers (Retell AI, Twilio, Supabase, Google Cloud, SendGrid, carriers). The affected party must notify the other promptly and may terminate if the event persists for more than 30 days.
17. Governing Law, Venue, and Dispute Resolution
- Governing Law. These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict‑of‑laws principles.
- Venue. All disputes will be resolved in the courts of Lancaster County, Pennsylvania.
- Arbitration. Any dispute not resolved informally within 30 days shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted by a single arbitrator in Lancaster County, Pennsylvania.
- Class Action Waiver. You may bring claims only individually; you waive any right to participate in a class, collective, or representative action.
- Jury Trial Waiver. Both parties waive their right to a jury trial.
18. Assignment
ZeroMiss may assign or transfer its rights and obligations under these Terms to any affiliate or successor without notice. You may not assign without ZeroMiss’s prior written consent.
19. Amendments
ZeroMiss may modify these Terms at any time by posting the revised Terms on its website and providing 30 days notice via the email address on file. Continued use of the Service after the notice constitutes acceptance of the amended Terms.
20. Miscellaneous
- Entire Agreement. These Terms, together with the Client Service Agreement and the Privacy Policy, constitute the entire agreement between the parties concerning the Service.
- Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
- No Waiver. Failure to enforce any provision does not constitute a waiver of that provision.
- Survival. Sections 9 (AI Output Disclaimer), 10 (HIPAA Compliance), 11 (Privacy Policy), 12 (IP), 13 (Indemnification), 14 (Limitation of Liability), 15 (Confidentiality), 17 (Dispute Resolution), and 20 (Miscellaneous) survive termination.
Contact Information ZeroMiss LLC 250 Marticville Rd Conestoga, PA 17516 Email: legal@zeromiss.co
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.