Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (the business subscribing to the NOUS platform, “Client” or “you”) and NOUS, Inc. (“NOUS,” “we,” “us,” or “our”), a Delaware corporation headquartered in the United States. The Service is available to businesses in the United States and Canada.

By signing up for or using the NOUS service, you agree to these Terms in full. If you are entering into these Terms on behalf of a business entity, you represent that you have authority to bind that entity.

1. The Service

NOUS provides an AI-powered communications platform that handles inbound telephone calls, Instagram direct messages, and SMS on your business's behalf. The Service captures lead information, books appointments, and delivers analytics through a client-facing dashboard (the “Service”).

The Service is provided as a business-to-business tool only. You must be a registered business to subscribe.

2. Account Registration

You must provide accurate and complete information when registering your account. You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately at hello@callnous.com if you suspect unauthorized access.

3. Free Trial Period

New clients receive a 30-day free trial during which the monthly platform fee is waived. During the trial:

• Per-minute usage charges accrue and are billed monthly.
• If you cancel before day 31, no platform fee is charged.
• If you do not cancel before day 31, the monthly platform fee activates automatically.
• We will send a reminder email before the trial period ends.

4. Fees and Billing

Pay-Per-Use

The pay-per-use plan charges a monthly platform fee plus a per-minute rate for call time. Minutes are billed monthly based on actual usage. No minimum minute commitments.

Flat-Rate Plans

Flat-rate plans include a set number of minutes per month at a fixed monthly fee, with overage charged per minute above the included amount.

Billing

• All fees are denominated in US dollars (USD) unless otherwise agreed.
• Fees are exclusive of applicable taxes.
• Billing is monthly in advance for the platform fee and monthly in arrears for usage charges.
• Overdue invoices accrue interest at 1.5% per month.
• We reserve the right to suspend the Service if payment is not received within 10 days.

Price changes

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

5. Cancellation and Termination

• You may cancel at any time by contacting hello@callnous.com. Cancellation takes effect at the end of the billing period. No refunds for partial periods.
• We may suspend or terminate your account immediately if you breach these Terms or fail to pay fees.
• On termination, we retain your data for 90 days, during which you may request an export.

6. Your Responsibilities

• Call recording disclosure. You must ensure callers are informed that their call may be recorded and/or handled by an AI, as required by applicable law.
• Accuracy of business data. You are solely responsible for ensuring inventory, pricing, hours, and other business information are accurate.
• Lawful use. You must not use the Service for any unlawful purpose.
• Compliance with telecom regulations. Including TCPA, FCC regulations, and CRTC rules.
• Human oversight. NOUS is an AI tool and may make errors. You are responsible for maintaining human oversight.

7. Instagram and Social Media Features

If you connect your Instagram Business account to NOUS, the following additional terms apply:

Instagram direct messages

• NOUS will receive and respond to Instagram direct messages sent to your business account using an AI assistant. Responses are generated automatically and are not reviewed by a human before sending unless you configure manual review.
• You are responsible for ensuring your Instagram profile or bio adequately discloses that messages may be answered by an AI, where required by applicable law.
• Users who message your account may opt out of automated replies at any time by sending keywords such as “stop” or “unsubscribe.”
• NOUS respects Instagram's messaging window policies. We will not send messages to users outside the permitted messaging windows defined by Meta.

Meta Platform Terms compliance

• By connecting your Instagram account, you agree to comply with the Meta Platform Terms, Instagram Platform Policy, and applicable Developer Policies.
• NOUS's use of Instagram data is subject to Meta's Limited Data Use requirements, as described in our Privacy Policy.
• You may disconnect your Instagram account at any time through the NOUS dashboard or by revoking access in your Instagram settings. Disconnection stops all automated messaging immediately.

8. AI Disclaimer

The NOUS AI assistant operates using probabilistic language models and may occasionally produce inaccurate, incomplete, or contextually inappropriate responses across all channels, including phone calls, Instagram direct messages, and SMS. We do not warrant that the AI will correctly answer every question or that automated replies will be appropriate in every context. The Service is designed to augment, not replace, human judgment.

9. Intellectual Property

• NOUS retains all intellectual property rights in the platform, software, AI models, and documentation.
• You retain all rights in the business data you provide.
• Call transcripts and logs generated by the Service are owned jointly.

10. Confidentiality

Each party agrees to keep the other's confidential information strictly confidential. This obligation survives termination for three years.

11. Warranties and Disclaimers

We warrant that we will provide the Service with reasonable skill and care.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS.” WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

• NOUS's total aggregate liability shall not exceed the total fees paid in the three months preceding the claim.
• NOUS shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
• Nothing in these Terms limits liability for fraud, gross negligence, or willful misconduct.

13. Indemnification

You agree to indemnify and hold harmless NOUS from claims arising out of your use of the Service in violation of these Terms, failure to make required call recording disclosures, inaccurate data you provided, or violation of applicable law.

14. Uptime and Service Levels

We target 99.5% monthly uptime, excluding scheduled maintenance and events outside our reasonable control.

15. Force Majeure

Neither party is liable for delays or failures resulting from causes beyond their reasonable control.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware. Disputes shall first be submitted to good-faith negotiation, then binding arbitration administered by the AAA.

Class action waiver: To the fullest extent permitted by applicable law, you waive any right to bring or participate in any class action against NOUS.

17. Changes to These Terms

Material changes will be communicated by email with at least 14 days' notice.

18. Entire Agreement

These Terms, together with our Privacy Policy and any written order form, constitute the entire agreement.

19. Severability

If any provision is found to be unenforceable, it will be modified to the minimum extent necessary.

20. Contact

NOUS, Inc.
Delaware, United States
Email: hello@callnous.com