Legal

Terms of Service

Last updated May 7, 2026

These Terms of Service (“Terms”) govern your use of the Oncalled service (the “Service”) provided by Holden King doing business as Oncalled, a sole proprietorship operating out of Pasadena, CA (“we,” “us,” “Oncalled”). By signing up, completing checkout, or using the Service, you (“Customer,” “you”) agree to be bound by these Terms.

Read these Terms carefully. They limit our liability and shift certain responsibilities to you. If you do not agree, do not use the Service.

1. The Service

Oncalled provides an AI-powered voice receptionist that answers, qualifies, dispatches, and books inbound phone calls on your behalf. The Service runs on third-party infrastructure including but not limited to Vapi (voice AI), Telnyx (telephony), OpenAI / Anthropic / Google (large language models), ElevenLabs / Deepgram (voice synthesis and transcription), n8n (workflow orchestration), DigitalOcean (hosting), Vercel (web hosting), Stripe (payments), and Google Calendar (scheduling). Outages, errors, or changes by any of these providers may interrupt or alter the Service.

2. Service AS-IS; no warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We disclaim all warranties including but not limited to merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, free from defects, free from AI hallucinations or misrouting, or that any defects will be corrected. We make no warranty regarding call quality, voice fidelity, transcription accuracy, AI response accuracy, availability of any phone number, deliverability of SMS, or compatibility with any third-party system.

3. No uptime guarantee

We do not provide a service-level agreement or uptime guarantee. The Service depends on multiple third-party providers; an outage at any provider can cause the Service to fail in whole or in part. You are responsible for maintaining a backup answering arrangement (voicemail, call forwarding to a real person, or alternative answering service) for periods when the Service is unavailable. We will use reasonable efforts to restore service after an outage but make no commitment to specific response times unless explicitly stated in your plan.

4. AI-generated communications — your acknowledgement

You acknowledge and agree that the Service uses generative AI to converse with your callers. Generative AI can and does make mistakes, including but not limited to: misunderstanding the caller, asking irrelevant questions, providing incorrect information, scheduling incorrectly, misrouting calls, hallucinating non-existent facts, or failing to capture important details. You agree to:

• Spot-check call transcripts and recordings regularly;
• Treat all AI output as a draft requiring human verification;
• Not rely on the Service alone for life-safety, medical, legal, financial, or other consequential decisions;
• Promptly report errors or harmful outputs so we can adjust prompts and guardrails.

5. Telecommunications compliance — your responsibility

You are solely responsible for complying with all applicable federal, state, and local laws and regulations governing your use of the Service, including but not limited to:

• The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and FCC implementing regulations;
• State two-party consent recording laws (including but not limited to California Penal Code §§ 631, 632 (CIPA); Florida Statute § 934.03; Pennsylvania 18 Pa. C.S. § 5704; and equivalents in IL, MA, MD, MI, MT, NH, NV, WA);
• California SB 243 and similar AI-disclosure laws;
• CAN-SPAM (15 U.S.C. § 7701) and equivalent SMS regulations;
• Carrier-level requirements including A2P 10DLC registration via The Campaign Registry;
• Industry-specific regulations (HIPAA, FCRA, FDCPA, GLBA, etc.) if your business is in a regulated industry.

Our default Service configuration includes a recording disclosure and AI-assistant disclosure on every inbound call to satisfy CIPA and SB 243. You are responsible for any additional disclosures your state, industry, or call type may require. You represent and warrant that all calls and messages handled by the Service are lawful, properly consented, and not for the purpose of telemarketing without an established business relationship, political robocalling, debt collection without applicable licensure, or other restricted use.

6. Acceptable use

You agree NOT to use the Service to: place or receive calls in violation of any law; deceive or defraud callers; impersonate any person or business other than your own; transmit illegal, harassing, defamatory, obscene, or threatening content; reverse-engineer or scrape our systems; circumvent our usage caps, rate limits, or security controls; resell or sublicense the Service without our prior written consent; or use the Service to train competing AI models. We may suspend or terminate the Service immediately if we reasonably believe you are violating this section.

7. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITIES, LOST GOODWILL, COST OF SUBSTITUTE SERVICES, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE LESSER OF (A) THE TOTAL FEES PAID BY YOU TO US FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND U.S. DOLLARS ($1,000).
• THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE A MATERIAL BASIS OF THE BARGAIN.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the maximum extent permitted by law.

8. Indemnification

You will defend, indemnify, and hold harmless Oncalled, its founder, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) any call placed to or received by the Service involving you or your business; (c) your violation of any law or regulation including any telecommunications law; (d) your violation of these Terms; (e) any third-party claim brought by a person who called or was called by your number; or (f) any claim that any content, instruction, or recording you provided to the Service infringes a third party’s rights. We may, at our option, assume control of the defense at your expense.

9. Fees, billing, and refunds

Subscription fees are billed monthly in advance via Stripe. One-time activation fees are non-refundable after the seventh (7th) day following payment. Subscription fees are not pro-rated upon cancellation; you retain access through the end of the current billing period. Per-call telephony costs (including but not limited to Telnyx fees) and per-token AI costs (including but not limited to Vapi, OpenAI, Anthropic, Google, ElevenLabs, and Deepgram fees) may be billed separately as pass-through usage. We may change fees with thirty (30) days’ advance notice; the new fees apply at the start of your next billing period. Failed payments will result in service suspension after seven (7) days and termination after thirty (30) days.

10. Term and termination

These Terms begin when you first sign up and continue until terminated. Either party may terminate at any time by providing written notice (email is sufficient). We may suspend or terminate the Service immediately if you (a) fail to pay fees when due; (b) breach these Terms; (c) use the Service in violation of any law; or (d) create operational, legal, or reputational risk for us or our other customers. Upon termination, your right to use the Service ends; we will, on request, provide your Vapi assistant configuration, n8n workflow export, phone number transfer authorization, and call recordings under the Portability Guarantee described below.

11. Portability Guarantee

At any time during or after your subscription, on your written request, we will provide, at no additional charge: (a) your Vapi assistant configuration as a JSON export; (b) your n8n workflow as an importable JSON file; (c) authorization to transfer your dedicated phone number to another carrier of your choice; (d) your stored call recordings and transcripts as downloadable files; and (e) a one-page handoff document. We will deliver these within ten (10) business days of your request. The Portability Guarantee does not require us to support, configure, or maintain your data after delivery.

12. Data, recordings, and privacy

Our handling of call recordings, transcripts, intake information, and personal data is described in our Privacy Policy, which is incorporated by reference. As between you and us, you own the call recordings, transcripts, and intake data generated from calls to your number. You grant us a limited license to process this data solely to provide and improve the Service.

13. Confidentiality

Each party will hold the other party’s non-public information in confidence and use it only to perform under these Terms. This obligation survives termination for two (2) years.

14. Intellectual property

We retain all right, title, and interest in and to the Service, the Oncalled name and marks, our prompts and workflow templates, and any improvements to any of the foregoing. You retain all right, title, and interest in your business name, your callers’ data, and any custom content you provide. Nothing in these Terms grants either party a license to the other party’s trademarks except as expressly stated.

15. Changes to these Terms

We may modify these Terms at any time by posting the updated version on our website and updating the “Last updated” date. Material changes take effect thirty (30) days after posting. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree, your sole remedy is to terminate.

16. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Any dispute will first be addressed by good-faith informal negotiation between the parties for at least thirty (30) days. If unresolved, the dispute will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Los Angeles County, California. Each party waives the right to a jury trial and the right to participate in any class action. Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction in Los Angeles County, California for breach of confidentiality or intellectual property rights.

17. Force majeure

Neither party will be liable for any failure or delay caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, internet or telecommunications outages, third-party provider failures, governmental action, or labor disputes.

18. Independent contractor; no agency

The parties are independent contractors. Nothing in these Terms creates an employer-employee, partnership, joint venture, agency, or franchise relationship. Neither party may bind the other to any obligation.

19. Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets. Any attempted assignment in violation of this section is void.

20. No third-party beneficiaries

These Terms are for the benefit of you and us only. No callers, end users, employees, contractors, or other third parties have any rights or remedies under these Terms.

21. Severability and waiver

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be modified only to the minimum extent necessary. Our failure to enforce any provision is not a waiver of that provision.

22. Entire agreement

These Terms (together with the Privacy Policy and any signed order form or written agreement between us) constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

23. Contact

Questions or notices about these Terms can be sent to [email protected] or to Oncalled, c/o Holden King, Pasadena, CA.

These Terms are a plain-English starting point and not a substitute for legal counsel tailored to your business. Customers are encouraged to review with their own attorney.