Terms of Service

In these Terms, the following definitions apply:

• "Services" means the AI voice agent platform, telephony services, and related services provided by FPComms
• "AI Agent" means the artificial intelligence voice assistant configured and deployed through our platform
• "Customer Data" means all data, content, and information you or your end users provide or generate through the Services
• "End User" means any individual who interacts with your AI Agent, including callers and call recipients
• "Subscription" means your paid access to the Services under a chosen pricing plan
• "Usage Charges" means charges based on actual usage (e.g., per-minute call costs)
• "Intellectual Property" means patents, copyrights, trademarks, trade secrets, and other proprietary rights
• "Force Majeure" means circumstances beyond reasonable control including acts of God, war, terrorism, strikes, and infrastructure failures

FPComms provides AI-powered voice agent technology that enables automated telephone conversations for business purposes including but not limited to lead qualification, appointment scheduling, customer service, and outbound calling campaigns.

2.1 Service Inclusions

• AI voice agent configuration and deployment
• Telephony infrastructure for inbound and outbound calls
• Call recording and transcription (where enabled)
• Integration capabilities with third-party systems
• Dashboard access for monitoring and analytics
• Technical support as specified in your plan

2.2 Service Exclusions

• Legal, regulatory, or compliance advice
• Script or conversation design consulting (unless separately purchased)
• Guarantees of specific business outcomes or results
• 24/7 human support (unless specified in Enterprise plans)
• Custom development work (unless separately contracted)

3.1 Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Be a registered business or authorised representative of a business
• Have the legal authority to bind your organisation to these Terms
• Not be prohibited from receiving services under applicable laws
• Provide accurate, current, and complete registration information

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorised access or security breach. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.1 Legal Compliance

You agree to:

• Comply with all applicable laws, regulations, and industry standards, including but not limited to:
  • UK GDPR and Data Protection Act 2018
  • Privacy and Electronic Communications Regulations (PECR)
  • Telecommunications regulations (Ofcom)
  • Consumer Protection from Unfair Trading Regulations 2008
  • Financial services regulations (if applicable)
  • Any sector-specific regulations applicable to your business
• Obtain all necessary consents before initiating outbound calls
• Maintain appropriate do-not-call lists and respect opt-out requests
• Ensure AI agents identify themselves as artificial intelligence
• Not use the Services for any unlawful, fraudulent, or harmful purpose

4.2 Prohibited Uses

You must not use the Services to:

• Make unsolicited calls in violation of telemarketing laws
• Conduct fraud, phishing, or impersonation
• Harass, threaten, or intimidate any person
• Distribute malware or conduct cyberattacks
• Infringe upon third-party intellectual property rights
• Transmit illegal, offensive, or harmful content
• Interfere with or disrupt the Services or other users
• Attempt to gain unauthorised access to any systems
• Resell the Services without authorisation
• Use the Services for emergency calling (999/112)
• Engage in any activity that could damage our reputation

4.3 Content Responsibility

You are solely responsible for all scripts, prompts, and content used by your AI agents. We do not review, approve, or endorse any customer content, and you bear full responsibility for ensuring such content is accurate, legal, and appropriate.

5.1 Pricing and Fees

• All prices are quoted in British Pounds (GBP) unless otherwise specified
• Subscription fees are charged in advance on a monthly basis
• Usage charges are calculated and billed monthly in arrears
• Setup fees (where applicable) are due upon contract execution
• All fees are exclusive of VAT, which will be added at the applicable rate

5.2 Payment Terms

• Payment is due within 7 days of invoice date unless otherwise agreed
• We accept payment by credit/debit card, direct debit, or bank transfer
• Failed payments may result in service suspension
• Late payments accrue interest at 8% above the Bank of England base rate
• We reserve the right to use debt collection services for unpaid amounts

5.3 Price Changes

We may modify our pricing with 30 days' written notice. Continued use of the Services after a price change constitutes acceptance of the new pricing. You may terminate your subscription before the new pricing takes effect without penalty.

5.4 Refunds

Setup fees and subscription fees are non-refundable except where required by law. We do not provide refunds for unused call minutes or partial months of service.

6.1 Our Intellectual Property

All intellectual property rights in the Services, including but not limited to software, algorithms, user interfaces, documentation, and trademarks, are and remain the exclusive property of Fresh Printz Automations Ltd. You receive only a limited, non-exclusive, non-transferable licence to use the Services during your subscription.

6.2 Customer Data

You retain all rights to your Customer Data. By using the Services, you grant us a limited licence to process Customer Data solely as necessary to provide the Services and as described in our Privacy Policy.

6.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Services become our property and may be used without compensation or attribution to you.

10.1 Term

These Terms commence upon your acceptance and continue until terminated in accordance with this section. Subscriptions are for the period specified in your order and automatically renew unless cancelled.

10.2 Termination by Customer

You may terminate your subscription with 30 days' written notice. No refund will be provided for the remaining subscription period. Setup fees are non-refundable.

10.3 Termination by Us

We may terminate or suspend your access immediately, without notice, if:

• You breach any material provision of these Terms
• You fail to pay fees when due
• You engage in prohibited activities
• Your use poses a security risk or legal liability
• Required by law or regulatory authority
• We reasonably believe you are using the Services fraudulently

10.4 Effect of Termination

Upon termination: (a) your right to use the Services immediately ceases; (b) all outstanding fees become immediately due; (c) we may delete your Customer Data after 30 days; (d) provisions that by their nature should survive termination will survive, including Sections 6-9, 11-13.

Our processing of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. Where we process personal data on your behalf, the following applies:

• You are the data controller; we are the data processor
• You are responsible for ensuring a lawful basis for processing
• We will process data only on your documented instructions
• We will implement appropriate technical and organisational measures
• We will assist you in responding to data subject requests
• We will notify you of any data breaches without undue delay
• Data Processing Agreements are available upon request

Each party agrees to keep confidential all non-public information received from the other party and to use such information only for purposes of these Terms. This obligation does not apply to information that: (a) is or becomes publicly available without breach; (b) was known prior to disclosure; (c) is independently developed; or (d) is required to be disclosed by law.

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

13.2 Dispute Resolution

Before initiating legal proceedings, the parties agree to attempt in good faith to resolve any dispute through negotiation. Either party may initiate negotiations by providing written notice. If the dispute is not resolved within 30 days, either party may proceed with legal action.

13.3 Jurisdiction

The courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms.

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of government, strikes, power outages, telecommunications failures, internet service provider failures, pandemic, or any other event beyond the reasonable control of the affected party.

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by email or through the Services. Your continued use of the Services after the effective date of modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services before the changes take effect.

• Entire Agreement: These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between the parties and supersede all prior agreements, understandings, and representations.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any provision does not constitute a waiver.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations to any affiliate or successor entity.
• No Partnership: Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between the parties.
• Third-Party Rights: These Terms do not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.
• Notices: All notices must be in writing and sent to the email addresses on file. Notices are deemed received when delivered by email.
• Headings: Section headings are for convenience only and do not affect interpretation.