Terms of Service
These nexTalker Terms of Service ("Agreement") are entered into by and between Point Dynamics, LLC d/b/a nexTalker ("nexTalker" or "we") and the entity or person placing an order for or accessing the Service ("Customer" or "you"). If you are accessing or using the Service on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to "you" or "Customer" in this Agreement mean your company.
1. Service Description
nexTalker provides an AI-powered communication platform designed to enhance business conversations through intelligent voice assistance and smart SMS engagement. Our Services include voice calls, SMS capabilities, AI-driven conversation analysis, and other communication tools. The Service is provided on a subscription basis and includes access to our platform's features as described in our documentation.
2. Subscription Terms
2.1. nexTalker offers a Basic subscription plan that can be paid monthly or annually. Annual subscriptions are offered at a discount compared to monthly billing.
2.2. A 7-day free trial is available for new customers. After the trial period, you must subscribe to continue using the Service.
2.3. Monthly subscriptions are billed in advance and are non-refundable once the month has started. You may cancel your subscription at any time, effective at the end of your current billing period.
3. Acceptable Use
You agree not to use the Service for:
- Any illegal activities or purposes
- Harassment or transmission of spam
- Unauthorized marketing or telemarketing
- Automated dialing without proper consent
- Impersonation or fraudulent activities
- Any purpose that violates applicable telecommunications laws and regulations
4. Data and Privacy
4.1. We retain your data for the duration of your active subscription. You may export your data at any time through the platform's export features.
4.2. You maintain ownership of all your data. By using our Service, you grant us the necessary rights to process and store your data to provide the Service.
4.3. We implement reasonable security measures to protect your data, but you are responsible for maintaining the security of your account credentials.
5. Healthcare and HIPAA
nexTalker is NOT HIPAA compliant. The Service should not be used for processing or storing Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA). Healthcare providers must not use the Service for any purpose that requires HIPAA compliance.
6. Service Availability
We strive to maintain high availability of the Service through our enterprise-grade infrastructure. However, we do not guarantee specific uptime percentages. The Service may occasionally be unavailable for maintenance or due to circumstances beyond our control.
7. Compliance with Laws
7.1. You must comply with all applicable laws and regulations, including but not limited to telecommunications laws, data protection regulations, and marketing regulations.
7.2. You are responsible for obtaining any necessary consents from your end users and maintaining appropriate records of such consents.
8. Termination
8.1. You may terminate your subscription at any time through your account settings. Termination will be effective at the end of your current billing period.
8.2. We may terminate or suspend your access to the Service immediately if you violate these Terms of Service.
9. Changes to Terms
We may modify these Terms of Service from time to time. We will notify you of any material changes through the Service or via email. Your continued use of the Service after such modifications constitutes acceptance of the updated terms.
10. Contact Information
For questions about these Terms of Service, please contact Point Dynamics, LLC.
Last updated: 12/20/2024