Terms of Service
These Terms of Service (“Terms”) are a binding agreement between Trimark Marketing Group, Inc., a California corporation doing business as LimoVoice.AI (“LimoVoice.AI,” “we,” “us,” or “our”) and the company or individual accessing our website at limovoice.ai (the “Site”) or subscribing to our AI voice reservation and customer service platform (the “Service”). By using the Site or Service, or by signing an order form that references these Terms, you (“Customer,” “you,” or “your”) agree to these Terms. If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company.
If you do not agree to these Terms, do not use the Site or Service.
1. The Service
LimoVoice.AI provides an automated, AI-powered voice agent that answers inbound calls on your business phone line, provides quotes, creates and modifies reservations, sends SMS messages, transfers calls, and performs related functions as described in your subscription plan and order form (the “Order Form”). Features vary by plan. Some plans include website design and an AI website chat agent, which are subject to the additional terms in Section 13.
We may modify, improve, or discontinue features of the Service at any time. We will give you reasonable notice of any change that materially reduces the core functionality of your plan.
2. Accounts and Eligibility
- You must be at least 18 years old and operate a legitimate ground transportation or related business.
- You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
- You must provide accurate, current, and complete information and keep it updated.
- You may not use the Service for any purpose other than operating your own transportation business, and you may not resell the Service without our written consent.
3. Fees, Billing, and Payment
3.1 Subscription fees
The Service is billed on a monthly subscription basis at the plan rate stated in your Order Form, plus usage charges (for example, per-minute call time, SMS messages, or outbound calls) at the rates stated in your Order Form or on the Site.
3.2 Setup fee
A one-time implementation fee of $1,500 (or the amount stated in your Order Form) is due before configuration begins. Setup fees are non-refundable once configuration work has started, except as expressly provided in a promotional offer.
3.3 Automatic renewal
Your subscription renews automatically each month until cancelled. By subscribing, you authorize us to charge your payment method on file for recurring subscription fees and usage charges at the start of each billing cycle (or, for usage, in arrears). We will send you a receipt for each charge.
3.4 Cancellation
You may cancel at any time by emailing office@limovoice.ai or through your account dashboard. Cancellation takes effect at the end of the current billing cycle. We do not provide refunds or credits for partial months, unused minutes, or unused features.
3.5 Price changes
We may change subscription or usage rates with at least 30 days’ written notice. Continued use after the effective date of a price change constitutes acceptance.
3.6 Late payment
Amounts not paid when due may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is less. We may suspend the Service for accounts more than 10 days past due after notice.
3.7 Taxes
Fees exclude taxes. You are responsible for any applicable sales, use, or similar taxes, excluding taxes on our net income.
3.8 Third-party charges
You are responsible for any fees charged by your telephone carrier, reservation software provider, or payment processor in connection with your use of the Service.
4. Your Responsibilities as Customer
You are the business on whose behalf the Service answers calls. You control why and how Caller data is used, and you are responsible for compliance with laws that apply to your business. Specifically, you agree to:
4.1 Call recording and AI disclosure
- Keep the recording-and-AI disclosure in your agent’s greeting enabled and unmodified in substance. The default greeting informs callers that they are speaking with an automated assistant and that the call is recorded. Removing or altering this disclosure without our written approval is a material breach.
- Comply with all federal and state call-recording laws, including all-party consent requirements in states such as California (Cal. Penal Code §§ 631–632) and Florida (Fla. Stat. § 934.03), for calls to and from your business line.
4.2 Outbound calls and text messages
- Obtain and maintain any consent required by the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the Florida Telephone Solicitation Act, California Public Utilities Code § 2874, and any other applicable law before enabling outbound calls, automated voice messages, or SMS through the Service.
- Honor opt-out requests (including “STOP” replies) promptly and maintain any required do-not-call records.
- Not use outbound features for cold telemarketing to numbers on the National Do Not Call Registry.
4.3 Accuracy of configuration
Provide and maintain accurate pricing rules, service areas, fleet details, business hours, policies, and FAQs. The agent quotes and books based on the information you provide. You are responsible for the consequences of inaccurate or outdated configuration.
4.4 Review of bookings
Monitor reservations created or modified by the Service and verify them before dispatch. The Service is a tool to assist your operations; it does not replace your obligation to review and confirm trips.
4.5 Integrations
You authorize us to access your third-party reservation, dispatch, and payment systems using credentials you provide, solely to deliver the Service. You are responsible for your compliance with those providers’ terms.
4.6 Your privacy notice
Maintain a privacy policy for your own business that discloses your use of automated call handling, call recording, and third-party service providers.
4.7 Prohibited uses
You may not use the Service to: violate any law; harass, defraud, or deceive any person; impersonate another business; transmit malware; attempt to reverse engineer, scrape, or extract our models, prompts, or software; interfere with the Service’s operation; or test the Service’s security without our written permission.
5. Caller Data and Our Role as Service Provider
- Ownership. As between you and us, you own the Caller data, booking records, recordings, and transcripts generated through the Service for your account (“Customer Data”).
- Our use. We process Customer Data only to provide, maintain, secure, and improve the Service; to comply with law; and as otherwise instructed by you. We do not sell Customer Data and do not use Caller audio or transcripts to train general-purpose AI models. We may use de-identified, aggregated data for analytics and product improvement.
- Service provider status. To the extent the California Consumer Privacy Act or a similar state law applies to you, we act as your “service provider” or “processor” with respect to Customer Data, and this Section together with our Privacy Policy constitutes the required contract terms. We will assist you, at your reasonable request and expense, in responding to consumer privacy requests concerning Customer Data.
- Subprocessors. You authorize us to use third-party subprocessors (telephony carriers, cloud hosting, speech and language model providers, SMS providers, and payment processors) to deliver the Service. A current list is available on request.
- Retention and return. Customer Data is retained as described in our Privacy Policy. Upon termination, you may request an export of your booking data within 30 days; after that period we may delete Customer Data.
- Security. We maintain reasonable administrative, technical, and physical safeguards for Customer Data and will notify you without undue delay of any confirmed security breach affecting your Customer Data.
6. AI Limitations and Disclaimers
You acknowledge and agree that:
- The Service uses automated speech recognition and generative AI. It may mishear, misunderstand, or respond inaccurately, including in quotes, addresses, times, and other booking details.
- The Service does not guarantee that any call will be answered, any booking will be completed, or any revenue will result.
- Telephone, internet, carrier, AI provider, and integration outages beyond our control may interrupt the Service.
- The Service is not designed for emergency calls. Callers experiencing an emergency should be instructed to dial 911.
- You remain solely responsible for the operation of your transportation business, including vehicle availability, driver assignment, pricing, safety, licensing, and passenger service.
7. Intellectual Property
- We and our licensors own all rights in the Service, including software, models, prompts, voices, designs, documentation, and trademarks. You receive a limited, non-exclusive, non-transferable right to use the Service during your subscription for your internal business purposes.
- You retain ownership of your business name, logos, content, and Customer Data. You grant us a license to use them as needed to provide the Service.
- Feedback you provide may be used by us without restriction or compensation.
- With your prior written consent, we may identify you as a customer in marketing materials.
8. Service Levels and Support
We aim for high availability but do not guarantee uninterrupted operation. Support is provided by email at office@limovoice.ai during Monday through Friday, 9:00 AM to 6:00 PM Pacific Time, with response times varying by plan. Scheduled maintenance will be announced in advance where practical.
9. Term, Suspension, and Termination
- These Terms begin when you first use the Site or Service and continue until terminated.
- You may terminate by cancelling your subscription under Section 3.4.
- We may suspend or terminate your access immediately if you materially breach these Terms (including Sections 4.1, 4.2, or 4.7), fail to pay, or if continued service would create legal risk for us.
- We may terminate for convenience with 30 days’ notice, in which case we will refund any prepaid, unused subscription fees.
- Upon termination, your right to use the Service ends, phone numbers provisioned by us may be released, and amounts owed become immediately due. Sections 3, 5, 6, 7, 10, 11, 12, and 14 survive termination.
10. Warranty Disclaimer
THE SITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BOOKINGS, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the greatest extent permitted by law.
12. Indemnification
You will defend, indemnify, and hold harmless LimoVoice.AI and its owners, employees, and contractors from any claims, damages, fines, penalties, and expenses (including reasonable attorneys’ fees) arising from: (a) your violation of these Terms; (b) your failure to obtain consents or provide disclosures required by call-recording, telemarketing, SMS, or privacy laws; (c) your configuration data, pricing, or business practices; (d) any dispute between you and a Caller or passenger; or (e) your violation of any law or third-party right.
13. Website Design and AI Chat Services (Applicable Plans Only)
If your plan includes website design and/or an AI website chat agent:
- Website deliverables are described in your Order Form. Revisions beyond the stated scope are billed at our then-current hourly rate.
- Upon full payment, you own the final website content and design files, excluding our pre-existing tools, themes, code libraries, and the AI chat agent, which remain licensed to you during your subscription.
- You are responsible for domain registration, hosting fees (unless included), content accuracy, and any third-party licenses for images, fonts, or plugins you supply.
- The AI chat agent is subject to Section 6 and must display a visible disclosure that visitors are interacting with an automated assistant.
14. General Terms
14.1 Governing law and venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any dispute will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to their jurisdiction.
14.2 Dispute resolution
Before filing any claim, the parties will attempt in good faith to resolve the dispute by written notice and discussion for at least 30 days. Any dispute not resolved will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Los Angeles County, California, on an individual basis only, with no class or representative proceedings.
14.3 Force majeure
Neither party is liable for delays or failures caused by events beyond its reasonable control, including carrier or internet outages, AI provider outages, natural disasters, labor disputes, or government action.
14.4 Assignment
You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
14.5 Entire agreement; order of precedence
These Terms, our Privacy Policy, and your Order Form are the entire agreement between us. If they conflict, the Order Form controls, then these Terms, then the Privacy Policy.
14.6 Changes to these Terms
We may update these Terms by posting a revised version on the Site with a new “Last Updated” date and, for material changes, emailing Customers at least 15 days before the changes take effect. Continued use after the effective date constitutes acceptance.
14.7 Severability; waiver
If any provision is held unenforceable, the remainder stays in effect. Our failure to enforce any provision is not a waiver.
14.8 Notices
Notices to us must be sent to office@limovoice.ai or 11400 Luddington St, Unit B, Sun Valley, CA 91352. Notices to you will be sent to the email address on your account.
Contact
Trimark Marketing Group, Inc. d/b/a LimoVoice.AI
11400 Luddington St, Unit B, Sun Valley, CA 91352
office@limovoice.ai