Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and cheaply (“cheaply,” “we,” “us,” or “our”) and govern your access to and use of the cheaply website, applications, phone numbers, and services (together, the “Service”). By creating an account, configuring your AI front desk, or otherwise using the Service, you agree to these Terms and to our Privacy Policy.

If you are entering into these Terms on behalf of a business, you represent that you are authorized to bind that business, and “you” refers to that business. If you do not agree to these Terms, do not use the Service.

cheaply is an AI-powered “front desk” for small service businesses — plumbers, HVAC technicians, electricians, salons, dental and wellness practices, and others. The Service answers incoming phone calls with a natural-voice AI assistant, sends text-message replies to missed or unanswered calls, asks qualifying questions, and books jobs into your calendar around the clock.

We work continually to answer and book as many calls as we can, but the Service is an automated assistant and not a guarantee. We do not warrant that every call will be answered, every message delivered, or every job correctly booked. Call handling depends on factors outside our control, including carrier networks, third-party AI providers, your own configuration, and the behavior of your callers.

To use most features you must create an account and provide accurate, current, and complete information, including a valid business phone number and a mobile number where we can reach you. You are responsible for keeping your account details and credentials confidential and for all activity that occurs under your account.

Notify us promptly at legal@cheaply.ai if you suspect any unauthorized use of your account. You must be at least 18 years old and legally able to enter into contracts to use the Service.

You agree to use the Service only for lawful business purposes and in compliance with these Terms. You will not:

• use the Service for any illegal, fraudulent, deceptive, or harassing purpose;
• send or facilitate unsolicited, spam, or unlawful calls or text messages;
• resell, sublicense, or provide the Service to third parties without our prior written permission;
• abuse, overload, or attempt to disrupt the phone, SMS, or other systems — including through auto-dialing, robocalling, or traffic pumping;
• reverse engineer, scrape, or attempt to gain unauthorized access to the Service; or
• use the Service to infringe or violate the rights of anyone else.

We may suspend or terminate access for conduct we reasonably believe violates this section or exposes us, our users, or others to harm or legal risk.

The Service places, answers, records, transcribes, and sends calls and text messages on your behalf. Laws governing call recording, monitoring, wiretapping, and SMS/telemarketing — including the U.S. Telephone Consumer Protection Act (TCPA) and the one- and two-party consent rules that vary by state and country — are complex and depend on where you and your callers are located.

You are solely responsible for determining which laws apply to your business and for obtaining any consents, providing any disclosures, and honoring any opt-out or do-not-call requests those laws require. cheaply provides tools and configurable disclosures to help, but we do not provide legal advice, and nothing in the Service or these Terms is a substitute for advice from your own qualified counsel. You are responsible for the content of the greetings, scripts, and messages you configure.

Where the Service sends text messages on your behalf, you represent and warrant that you have every consent the law requires to contact each recipient — including prior express written consent for marketing-type messages such as review requests. The Service automatically honors STOP and similar opt-out keywords and suppresses further texts to numbers that opt out; you must not attempt to bypass that suppression.

The assistant’s standard greeting identifies it as an automated virtual assistant and discloses that the call may be recorded. Some jurisdictions require one or both of these disclosures, and you must not configure the Service to remove or contradict them where they are required. You are also responsible for maintaining and posting any privacy notice your own customers and callers are entitled to receive from your business.

THE SERVICE IS NOT AN EMERGENCY SERVICE. IT CANNOT PLACE CALLS TO 911 OR OTHER EMERGENCY SERVICES, DISPATCH HELP, OR GUARANTEE THAT AN URGENT SITUATION WILL BE RECOGNIZED, ESCALATED, OR HANDLED CORRECTLY. DO NOT USE OR RELY ON THE SERVICE FOR EMERGENCY COMMUNICATIONS OF ANY KIND.

The assistant attempts to recognize urgent situations, advise callers to contact 911 when there may be immediate danger, and alert you quickly — but this is a best-effort convenience, not a safety or life-safety system, and it may fail or be delayed. You are responsible for maintaining a way for your customers to reach you or emergency services directly, and callers remain responsible for contacting emergency services themselves in any emergency.

The Service is offered on monthly subscription plans (currently $97, $197, and $397 per month) that each include a set allotment of usage minutes. Usage beyond your included minutes is billed as metered overage at the per-minute rate for your plan.

Fees are charged in advance for each billing period, and your subscription automatically renews every month until cancelled. You authorize us and our payment processor to charge your payment method for all applicable fees, overages, and taxes. Prices are exclusive of taxes, which are your responsibility.

New subscriptions may start with a 14-day free trial. A payment method is collected when the trial starts, and the first subscription charge occurs automatically when the trial ends unless you cancel before then. You can cancel during the trial — and at any time after — from your dashboard’s billing settings, and a trial cancelled before it ends costs nothing.

You may cancel at any time; cancellation takes effect at the end of the current billing period, and you keep access until then. Except where required by law, fees already paid are non-refundable, and we do not provide refunds or credits for partial billing periods, unused minutes, or downgrades.

The Service is a general-purpose front-desk and scheduling tool. It is not designed to store or safeguard protected health information under HIPAA, and we do not currently offer Business Associate Agreements. If you operate a healthcare or wellness practice, you are responsible for determining whether the Service is appropriate for your use, and you must configure it to collect only the contact and scheduling details needed to book an appointment — not medical histories, diagnoses, or treatment information. The same applies to other sensitive categories of data: do not configure the Service to solicit them.

The Service relies on third-party providers — including telephony and SMS carriers and AI/voice technology vendors — to function. Your use of the Service may be subject to those providers’ terms and policies, and their availability, performance, and pricing are outside our control. We are not responsible for the acts, omissions, outages, or content of third-party services, and we may change providers at any time. Any phone numbers provisioned through the Service are used under the applicable carrier’s terms and may be subject to portability and regulatory requirements.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, or error-free, that the AI will answer or book every call, that it will capture every detail accurately, or that it will prevent every missed lead. Artificial-intelligence output is probabilistic: the assistant may mishear, mistranscribe, or state something inaccurate or incomplete — including in what it says to your callers on your behalf. You authorize it to speak for your business, and you are responsible for the accuracy of the business information you configure and for reviewing the jobs, messages, and information the Service produces before relying on them. The Service does not provide legal, medical, or other professional advice.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, cheaply AND ITS OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST JOBS OR LEADS, OR LOSS OF DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain of these limitations, so some may not apply to you.

You agree to defend, indemnify, and hold harmless cheaply and its owners, employees, and suppliers from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to:

• your use of the Service;
• your violation of these Terms or of any law, including call-recording, consent, and telemarketing laws;
• the greetings, scripts, messages, or other content you configure;
• your handling of your customers’ data and communications; and
• claims brought by your callers, customers, or other third parties relating to calls, texts, recordings, or bookings handled through your account — including claims arising out of urgent or emergency situations.

You may stop using the Service and cancel your subscription at any time, as described in the Fees & billing section. We may suspend or terminate your access, with or without notice, if you breach these Terms, fail to pay, or if we reasonably believe your use creates risk or legal exposure for us, other users, or third parties.

Upon termination, your right to use the Service ends, and we may deactivate your account and phone numbers. Sections that by their nature should survive termination — including fees owed, disclaimers, limitation of liability, indemnification, and governing law — will survive.

We are continually improving the Service and may add, change, or remove features at any time. We may also update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Changes are effective when posted. Your continued use of the Service after changes take effect means you accept the revised Terms; if you do not agree, stop using the Service and cancel your subscription.

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules. Subject to the Dispute resolution & arbitration section below, any dispute that is not subject to arbitration will be resolved exclusively in the state and federal courts located in Wyoming, and you consent to venue there.

Talk to us first. Before filing any claim, you agree to contact us at legal@cheaply.ai with a written description of the dispute and to work with us in good faith to resolve it informally for at least 60 days. Most disputes are resolved this way, quickly and at no cost.

Binding individual arbitration. Any dispute, claim, or controversy arising out of or relating to the Service or these Terms that is not resolved informally will be settled by binding arbitration on an individual basis, administered by the American Arbitration Association under its rules, before a single arbitrator. The arbitration will be conducted remotely by videoconference or, if an in-person hearing is required, in the county where your business is located. The Federal Arbitration Act governs this section, and the arbitrator has exclusive authority to decide questions of arbitrability. Each party bears its own attorneys’ fees except where the applicable rules or law provide otherwise.

NO CLASS ACTIONS: YOU AND CHEAPLY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS. If the class-action waiver in this paragraph is found unenforceable as to a particular claim, then this entire arbitration section will not apply to that claim, which will instead proceed in the courts described in the Governing law section.

Carve-outs and fairness. Either party may bring an individual claim in the small-claims court of your county (notwithstanding the Governing law section’s venue rule), and either party may seek injunctive relief in court for misuse of the Service or infringement of intellectual property. If 25 or more similar arbitration demands are filed against cheaply in coordination, the parties agree the AAA’s mass-arbitration procedures apply, with bellwether proceedings before the remainder may be filed. You may opt out of arbitration entirely by emailing legal@cheaply.ai within 30 days of first accepting these Terms, with your account email and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms — including the class-action and jury-trial waivers above, which survive an opt-out independently. This section survives termination of your account.

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service and supersede any other statements, including marketing materials — which describe the Service in general terms and are not warranties, promises, or guarantees. If any provision of these Terms is found unenforceable, it will be limited to the minimum extent necessary and the rest will remain in full effect. Our failure to enforce a provision is not a waiver of it.

You own your business data, and the recordings, transcripts, and bookings generated for your account; you grant us the license needed to operate, secure, and improve the Service. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control, including carrier or telephony outages, internet or power failures, labor disputes, natural disasters, or government action.

Questions about these Terms? Legal entity details are available on request — reach our team at legal@cheaply.ai and we’ll be glad to help.