Legal

Terms of Service

Last updated: March 25, 2026  ·  Effective: March 25, 2026

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 a voice AI platform that answers inbound telephone calls on your business's behalf, checks inventory, captures lead information, and delivers analytics through a client-facing dashboard (the "Service"). The AI assistant operates using large language models, speech-to-text, and text-to-speech technologies provided by third-party sub-processors.

The specific features and configuration of the Service applicable to your subscription are as set out on our pricing page and any written order form agreed between us.

The Service is provided as a business-to-business tool only. You must be a registered business to subscribe. Individual consumers may not 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 and for all activity that occurs under your account. Notify us immediately at hello@callnous.com if you suspect unauthorized access.

3. Free Trial Period

New clients receive a 60-day free trial during which the monthly platform fee is waived. During the trial:

• Per-minute usage charges accrue and are billed monthly at the rate shown on our pricing page at the time of signup.
• If you cancel your account before day 61, no platform fee is charged. You remain responsible only for any per-minute usage incurred.
• If you do not cancel before day 61, the monthly platform fee activates automatically and your subscription continues on a monthly basis.
• 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 handled by NOUS. Minutes are billed monthly based on actual usage. There are no minimum minute commitments. Current rates are displayed on our pricing page.

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. Current plan details and rates are displayed on our pricing page and are subject to change with 30 days' notice.

Billing

• All fees are denominated in US dollars (USD) unless otherwise agreed in writing.
• Fees are exclusive of applicable taxes. US clients are responsible for any applicable state or local sales taxes on software services. NOUS will collect and remit taxes where required by law. Canadian clients are responsible for applicable GST/HST.
• Billing is monthly in advance for the platform fee and monthly in arrears for usage charges.
• Payment is due on the billing date. Overdue invoices accrue interest at 1.5% per month (18% per annum).
• We reserve the right to suspend the Service if payment is not received within 10 days of the due date.

Price changes

We may change our fees with 30 days' written notice. Continued use of the Service after the effective date of a price change constitutes acceptance. If you do not accept the new pricing, you may cancel before the effective date without penalty.

5. Cancellation and Termination

• You may cancel your subscription at any time by contacting us at hello@callnous.com. Cancellation takes effect at the end of the then-current billing period. No refunds are issued for partial billing periods.
• We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees, use the Service in a manner that causes legal liability, or if required by law.
• On termination, your access to the dashboard and call data ends. We will retain your data for 90 days after termination, during which you may request an export, after which it is permanently deleted.

6. Your Responsibilities

As a Client, you are responsible for:

• Call recording disclosure. You must ensure that callers are informed that their call may be recorded and/or handled by an AI, as required by applicable law. Several US states (including California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington) require all-party consent before recording begins. You are solely responsible for compliance with the recording laws of your jurisdiction. NOUS provides a configurable opening disclosure message for this purpose.
• Accuracy of business data. The AI's responses are based on data you provide. You are solely responsible for ensuring that inventory, pricing, hours, and other business information are kept accurate and up to date.
• Lawful use. You must not use the Service for any unlawful purpose, to harass or deceive callers, to engage in fraudulent activity, or in any manner that could damage NOUS's reputation or expose NOUS to liability.
• Compliance with telecom regulations. For US clients, this includes the Telephone Consumer Protection Act (TCPA) and all applicable FCC regulations and state telecom laws. For Canadian clients, this includes the CRTC's Unsolicited Telecommunications Rules and applicable provincial regulations.
• Human oversight. NOUS is an AI tool and may make errors. You are responsible for reviewing call logs, verifying lead information, and maintaining human oversight of customer interactions.

7. AI Disclaimer

The NOUS AI assistant operates using probabilistic language models and may occasionally produce inaccurate, incomplete, or contextually inappropriate responses. We do not warrant that the AI will correctly answer every question, book every appointment, or capture every lead. The Service is designed to augment, not replace, human judgment. You acknowledge these limitations and agree not to rely solely on NOUS for critical business decisions.

8. Intellectual Property

• NOUS retains all intellectual property rights in the platform, software, AI models, and documentation.
• You retain all rights in the business data (inventory, business information) you provide to us.
• Call transcripts and logs generated by the Service are owned jointly: NOUS has a non-exclusive license to use de-identified, aggregated data to improve the Service; you have full access to and ownership of the identifiable call records associated with your account.

9. Confidentiality

Each party agrees to keep the other's confidential information (including pricing, system architecture, and business data) strictly confidential and not to disclose it to third parties without prior written consent. This obligation survives termination of these Terms for a period of three years.

10. Warranties and Disclaimers

We warrant that we will provide the Service with reasonable skill and care and in compliance with applicable law.

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. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI RESPONSES WILL BE ACCURATE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• NOUS's total aggregate liability to you for any claim arising out of or related to these Terms or the Service shall not exceed the total fees paid by you to NOUS in the three months immediately preceding the event giving rise to the claim.
• NOUS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.
• Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or any liability that cannot be excluded under applicable law.

12. Indemnification

You agree to indemnify and hold harmless NOUS, Inc. and its officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service in violation of these Terms; (b) your failure to make required call recording disclosures; (c) inaccurate data you provided to NOUS; or (d) your violation of any applicable law.

13. Uptime and Service Levels

We target 99.5% monthly uptime for the Service, excluding scheduled maintenance and events outside our reasonable control. In the event of extended outages affecting your live call answering, contact us at hello@callnous.com and we will work with you to provide a fair remedy, which may include service credits.

14. Force Majeure

Neither party is liable for delays or failures in performance resulting from causes beyond their reasonable control, including acts of God, internet outages, third-party infrastructure failures, government actions, or natural disasters.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware and applicable federal laws of the United States, without regard to conflict of law principles. Both US and Canadian clients expressly consent to Delaware law as the governing law for all disputes.

Any dispute arising out of or in connection with these Terms shall first be submitted to good-faith negotiation between senior representatives of each party. If unresolved within 30 days, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted remotely (by video or telephone). The language of arbitration shall be English. Nothing prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction.

Class action waiver: To the fullest extent permitted by applicable law, you waive any right to bring or participate in any class action, collective action, or representative proceeding against NOUS. All disputes must be resolved on an individual basis through arbitration as described above.

16. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email to your registered account address with at least 14 days' notice before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, you may cancel your subscription before the effective date.

17. Entire Agreement

These Terms, together with our Privacy Policy and any written order form or addendum, constitute the entire agreement between you and NOUS with respect to the Service and supersede all prior agreements, representations, or understandings.

18. Severability

If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable. The remaining provisions continue in full force.

19. Contact

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