Terms & Conditions
These Terms & Conditions ("Terms") govern your access to and use of the website tryeverycall.ai (the "Site") and the AI call answering service ("EveryCall" or the "Service") provided by Rethink Life LLC ("we," "us," or "our"). By accessing the Site, creating an account, or using the Service, you agree to these Terms. If you do not agree, do not use the Site or the Service.
1. About EveryCall
EveryCall is a brand operated by Rethink Life LLC, a limited liability company registered in the State of Wyoming, with a mailing address at 11923 NE Sumner St, Portland, Oregon, United States. References to "EveryCall" in these Terms refer to Rethink Life LLC operating under that brand.
The Service provides an AI-powered phone-answering agent that handles inbound calls to your business, screens callers, captures information, sends booking links, and produces call summaries and transcripts.
2. Eligibility
You must be at least 18 years old and have the legal authority to bind the entity you represent in order to use the Service. By accepting these Terms on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms.
3. Accounts
To use the Service you must create an account and provide accurate, complete, and current information. You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Notify us immediately at support@tryeverycall.ai if you suspect unauthorized access. We are not liable for losses caused by unauthorized account use that you could have prevented with reasonable care.
4. Subscription, Billing, and Cancellation
4.1 Subscription Fees
The Service is provided on a paid subscription basis. The applicable subscription fee, billing frequency, and payment method will be agreed between you and EveryCall at the time of signup or in a written order. Unless otherwise agreed, fees are charged monthly in advance and renew automatically each billing period.
4.2 Payment
You authorize us (and our payment processor) to charge your designated payment method on each renewal date. If a payment fails, we may retry, and we may suspend or terminate the Service for non-payment.
4.3 Usage Charges
Some pricing models may include per-minute or per-call usage charges in addition to the base subscription fee. Usage charges, if applicable, are billed monthly in arrears.
4.4 Cancellation
You may cancel your subscription at any time by contacting support@tryeverycall.ai. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until the end of that period.
4.5 Refunds and Money-Back Guarantee
We offer a 30-day money-back guarantee for new customers: if you are dissatisfied with the Service within the first 30 days of your initial subscription, you may request a refund of fees paid for that initial period by emailing us. After the first 30 days, fees are non-refundable, except as required by applicable law.
4.6 Price Changes
We may change subscription fees from time to time. If we change the fee that applies to you, we will give you at least 30 days' notice before the change takes effect. If you do not agree to the new fee, you may cancel before it takes effect.
4.7 Taxes
Fees are exclusive of any applicable taxes. You are responsible for any sales, use, VAT, or similar taxes assessed on your subscription, except for taxes on our income.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- Use the Service to harass, defraud, deceive, or harm any person;
- Use the Service to send spam, robocalls in violation of the TCPA, or unsolicited communications;
- Reverse engineer, decompile, or attempt to extract the underlying source code or models of the Service;
- Resell, sublicense, or otherwise commercially exploit the Service without our prior written consent;
- Bypass or attempt to bypass any rate limits, security measures, or access controls;
- Use the Service to transmit malware, viruses, or other harmful code;
- Use the Service to compete with us, develop a competing product, or for benchmarking against competing products;
- Use the Service in any manner that could damage, disable, overburden, or impair the Service.
6. Customer Responsibilities
6.1 Call Recording and Consent
You are responsible for compliance with all applicable call recording, wiretap, and consent laws in every jurisdiction your callers may be located in. By default, our AI agent provides a verbal disclosure at the start of each call to support compliance with two-party (all-party) consent requirements in U.S. states such as California, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.
If you disable, modify, or override the default disclosure, you accept full responsibility for ensuring lawful collection of call recordings and you agree to indemnify us as set out below.
6.2 Communications Compliance
You are responsible for complying with all applicable laws relating to your communications with customers, including the Telephone Consumer Protection Act (TCPA), the Federal Trade Commission Act, the CAN-SPAM Act, state-level "do-not-call" rules, and any equivalent international laws.
6.3 No Healthcare or Protected Health Information
The Service is not authorized for use by HIPAA-covered entities, including hospitals, clinics, dental offices, medical practices, mental-health providers, and any other entity that handles Protected Health Information ("PHI"). You agree not to use the Service to receive, store, transmit, or process PHI. We do not enter into Business Associate Agreements (BAAs) at this time. If you require HIPAA-grade infrastructure, please do not use the Service.
6.4 Accurate Configuration
You are responsible for ensuring that the information you provide for AI training (including business website, services, hours, service area, pricing, and intake questions) is accurate and up to date. We are not responsible for misinformation conveyed by the AI agent that results from inaccurate or outdated configuration data.
6.5 Caller Notice
You agree to disclose, where reasonably required, that calls to your business may be answered by an AI agent and may be recorded.
7. Intellectual Property
7.1 Our IP
EveryCall, the EveryCall name and logo, the Site, the Service, and all related software, content, and materials are owned by Rethink Life LLC or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms during your active subscription. No other rights are granted.
7.2 Your IP
You retain ownership of your business information, your callers' information, and any content you provide ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and create derivative works of Your Content solely as necessary to provide and improve the Service.
7.3 Aggregate and De-identified Data
We may use aggregated, anonymized, or de-identified data derived from your use of the Service for any business purpose, including analytics, benchmarking, and model improvement, provided that such data does not identify you, your business, or any individual.
7.4 Feedback
If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.
8. Service Availability
We strive to keep the Service available at all times, but we do not warrant uninterrupted or error-free operation. The Service may be unavailable due to scheduled maintenance, infrastructure issues affecting our underlying providers, or events outside our reasonable control. We do not provide a contractual uptime SLA except as separately agreed in writing.
9. Third-Party Services
The Service relies on third-party providers (including voice and AI infrastructure, cloud hosting, payment processing, and communications). We are not responsible for the acts, omissions, or downtime of those third parties, except to the extent such acts or omissions are within our reasonable control.
10. Disclaimers
The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by law, we disclaim all warranties, including any warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, or quiet enjoyment. We do not warrant that the Service will meet your requirements, be uninterrupted or error-free, or that defects will be corrected.
The AI agent provided by the Service may make mistakes, miss information, or produce inaccurate output. You are responsible for reviewing the agent's output and for any business decisions you make based on it.
11. Limitation of Liability
To the fullest extent permitted by law, in no event will Rethink Life LLC, its affiliates, officers, employees, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost goodwill, or business interruption, arising out of or related to these Terms or the Service, even if advised of the possibility of such damages.
Our total aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of (a) the total fees you paid us in the 12 months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In those jurisdictions our liability is limited to the maximum extent permitted by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless Rethink Life LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of or access to the Service;
- Your violation of these Terms or any applicable law (including call-recording, wiretap, TCPA, or HIPAA-related laws);
- Your violation of any third-party right, including any intellectual property or privacy right;
- Your Content or any content you direct the Service to convey to callers.
13. Termination
13.1 Termination by You
You may terminate your account at any time as described in Section 4.4.
13.2 Termination by Us
We may suspend or terminate your access to the Service at any time, with or without notice, if (a) you breach these Terms, (b) we believe your use of the Service poses a security, legal, or reputational risk to us or others, (c) you fail to pay fees, or (d) we discontinue the Service. We may also terminate accounts that have been inactive for an extended period.
13.3 Effect of Termination
Upon termination, your right to access and use the Service ends immediately. Sections that by their nature should survive termination will survive, including Sections 4 (in respect of accrued fees), 6, 7, 10, 11, 12, 14, and 15.
14. Governing Law and Disputes
14.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict-of-laws principles, and applicable U.S. federal law.
14.2 Informal Resolution
Before filing any legal claim, you agree to first contact us at support@tryeverycall.ai and try to resolve the dispute informally for at least 30 days.
14.3 Binding Arbitration
If a dispute is not resolved informally, you and we agree that the dispute will be resolved by binding individual arbitration administered by a recognized arbitration provider, in the State of Wyoming or another mutually agreed location, under that provider's commercial arbitration rules. Either party may bring an individual claim in small-claims court if the claim qualifies.
14.4 Class Action Waiver
You and we agree that any disputes will be brought on an individual basis only, and not as a plaintiff or class member in any class, collective, or representative action.
14.5 Exceptions
Nothing in this Section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.
15. General Provisions
15.1 Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date and, where appropriate, notify you by email or through the Service. Your continued use of the Service after the updated Terms take effect constitutes acceptance.
15.2 Entire Agreement
These Terms, together with our Privacy Policy and any written order or addendum we sign with you, constitute the entire agreement between you and us regarding the Service.
15.3 Severability
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be reformed only to the extent necessary to make it enforceable.
15.4 No Waiver
Our failure to enforce any right or provision will not constitute a waiver of that right or provision.
15.5 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
15.6 Force Majeure
Neither party is liable for any failure or delay in performance caused by events outside its reasonable control, including acts of God, war, terrorism, pandemics, internet outages, or actions of third-party providers.
15.7 Notices
Notices to us should be sent to support@tryeverycall.ai or to our mailing address below. Notices to you may be sent to the email address associated with your account or posted within the Service.
16. Contact
For questions about these Terms, contact us:
Rethink Life LLC (d/b/a EveryCall)
11923 NE Sumner St
Portland, Oregon, United States
Email: support@tryeverycall.ai