Terms of Service

These Terms of Service ("Terms") govern your access to and use of the OpusCall platform, website (opuscall.ai), and related services (collectively, the "Services"), provided by OpusCall Inc. ("OpusCall," "we," "us," or "our"), a corporation incorporated in Ontario, Canada, with its registered office in Richmond Hill, Ontario.

By signing up for an account, accessing the Services, or clicking "I agree," you agree to be bound by these Terms. If you do not agree, do not use the Services.

If you are using the Services on behalf of a business, clinic, or organization, you represent that you have the authority to bind that entity to these Terms. In that case, "you" and "your" refer to both you personally and the entity you represent.

OpusCall provides an AI receptionist platform that handles inbound calls, books appointments, manages contacts, and supports business operations for clinics and other businesses.

We may add, modify, or remove features at any time. We will provide reasonable notice before making changes that materially reduce the core functionality of the Services.

To use the Services, you must:

• Be at least 18 years old
• Have the legal capacity to enter into a binding contract
• Not be barred from using the Services under applicable law
• Provide accurate, current, and complete information when signing up

We may refuse service, suspend accounts, or terminate accounts at our discretion if these conditions are not met.

You are responsible for:

• Keeping your account credentials secure
• All activity that occurs under your account
• Notifying us immediately of any unauthorized access or security breach

We use passwordless authentication (magic-link email and Google SSO) to reduce credential risk. You agree not to share your account with anyone outside your organization.

OpusCall offers a 30-day free trial to new customers.

• A valid credit card is required to start the free trial
• You will not be charged during the 30-day trial period
• On day 31, your subscription will automatically begin and your card will be charged $150 CAD per month (taxes included)
• You may cancel at any time during the trial to avoid being charged

We reserve the right to determine eligibility for the free trial and to limit, modify, or discontinue trials at any time.

6.1 Pricing

The OpusCall subscription is $150 CAD per month, taxes included. All applicable Canadian taxes (including HST/GST) are included in this price for Canadian customers.

For customers outside Canada, additional taxes or duties may apply based on local law and will be disclosed at checkout.

6.2 Billing Cycle

• Subscriptions are billed monthly in advance
• Payments are processed by Stripe
• Your subscription renews automatically each month until cancelled
• You authorize us to charge your payment method on file for each billing cycle

6.3 Failed Payments

If a payment fails, we will attempt to retry the charge. If we cannot collect payment within 14 days, we may suspend your account until payment is resolved. Continued non-payment may result in termination.

6.4 Price Changes

We may change our pricing from time to time. We will give you at least 30 days' notice before any price increase takes effect. If you do not agree to the new price, you may cancel before it takes effect.

6.5 Refunds

We do not offer refunds for partial months or unused time. You may cancel at any time to stop future charges.

You may cancel your subscription at any time from your account dashboard or by contacting hello@opuscall.ai.

• Cancellation takes effect at the end of your current billing period
• You will retain access to the Services until the end of that period
• After cancellation, you have 30 days to export your data
• After 30 days, your data will be permanently deleted, except where retention is required by law

You agree not to use the Services to:

• Violate any law, regulation, or third-party right
• Send spam, unsolicited messages, or robocalls
• Engage in fraud, deception, or impersonation
• Harass, threaten, or harm any person
• Upload viruses, malware, or malicious code
• Reverse engineer, decompile, or attempt to extract the source code of the Services
• Scrape, copy, or duplicate the Services for competitive purposes
• Resell or sublicense the Services without our written permission
• Share account credentials outside your organization
• Use the Services in any way that could damage, disable, or impair our infrastructure
• Interfere with other customers' use of the Services

We may suspend or terminate your account immediately, without refund, if you violate this section.

9.1 Compliance

You are responsible for:

• Complying with all laws and regulations that apply to your business
• Obtaining any required consents from your patients, customers, or callers
• Posting required disclosures (such as call recording notices) where applicable
• Acting as the health information custodian under PHIPA or equivalent law, if applicable
• Reviewing call recordings and transcripts for accuracy

9.2 Configuration

You are responsible for the content you upload, including:

• Knowledge base information (hours, pricing, policies, FAQs)
• Custom system instructions
• Voice greetings and scripts
• Booking rules and routing logic

We are not liable for errors in patient communication that result from inaccurate or incomplete configuration data provided by you.

9.3 Phone Numbers

If you purchase a phone number through OpusCall (via Twilio), you may port that number out within 30 days of cancellation. After 30 days, the number may be released and become unavailable.

If you forward your existing number to OpusCall, you retain full ownership of that number.

10.1 OpusCall's Property

OpusCall owns all rights to:

• The OpusCall platform, software, and infrastructure
• Our AI models, voice personas, and proprietary technology
• The OpusCall brand, logos, and trademarks
• Documentation, content, and design elements created by us

You receive a limited, non-exclusive, non-transferable license to use the Services during your subscription period. Nothing in these Terms transfers ownership of our intellectual property to you.

10.2 Customer Data

You own your data, including:

• Your business and account information
• Call recordings and transcripts on your account
• CRM contacts and configuration data
• Knowledge base content and custom instructions

You grant OpusCall a limited license to process your data solely to provide the Services.

10.3 No Training on Customer Data

We do not use your data, your patients' data, or your callers' data to train AI models. Period.

10.4 Aggregated and De-identified Data

We may use fully aggregated and de-identified data (data that cannot be linked back to you, your business, or any individual) to improve the Services, generate analytics, and develop new features.

10.5 Feedback

If you send us suggestions, ideas, or feedback, you grant us the right to use them without obligation or compensation.

The Services rely on third-party providers including Twilio Canada, Amazon Web Services, Supabase, OpenAI, Google, and Stripe.

• We are not responsible for outages, errors, or failures caused by third-party providers
• We are not liable for any actions taken by third parties on your account
• Your use of third-party integrations (Google Calendar, practice management software, etc.) is subject to their terms and privacy policies

We aim to keep the Services running 24/7, but we do not guarantee uninterrupted access. The Services may be unavailable due to:

• Scheduled maintenance
• Emergency repairs
• Third-party outages
• Force majeure events
• Security incidents

We will make reasonable efforts to notify you of planned downtime and to restore service quickly when issues occur. We do not currently offer a formal Service Level Agreement (SLA) or uptime guarantee.

From time to time, we may offer beta or experimental features. These features:

• Are provided "as-is" with no warranties
• May change, break, or be removed at any time
• Are not covered by our standard support obligations
• Should not be relied upon for mission-critical operations

By using a beta feature, you accept the risks associated with it.

Our handling of personal information is governed by our Privacy Policy, available at opuscall.ai/privacy. By using the Services, you agree to the practices described in that policy.

For healthcare clinics: OpusCall acts as your agent and information processor under PHIPA or equivalent provincial law. You remain the health information custodian and are responsible for compliance with all applicable health privacy laws.

15.1 Suspension

We may suspend your account if:

• Payment fails or is overdue
• We suspect fraud, abuse, or unauthorized use
• You violate these Terms
• We are required to do so by law

15.2 Termination by Us

We may terminate your account:

• Immediately, without refund, for serious violations of these Terms (including breach of Section 8)
• With 14 days' written notice for non-payment
• With 30 days' written notice for any other reason, at our discretion

15.3 Termination by You

You may cancel your subscription at any time, as described in Section 7.

15.4 Effect of Termination

Upon termination:

• Your access to the Services ends
• You have 30 days to export your data
• After 30 days, your data is permanently deleted, except where retention is required by law
• Sections 10, 16, 17, 18, and 19 survive termination

The Services are provided "as-is" and "as-available" without warranties of any kind, whether express, implied, statutory, or otherwise.

To the maximum extent permitted by law, we disclaim:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Services will be uninterrupted, error-free, or completely secure
• Any warranty regarding the accuracy or reliability of AI-generated responses
• Any warranty regarding outcomes from using the Services (such as patient bookings or revenue)

You use the Services at your own risk. AI agents may occasionally make errors, miscommunicate, or fail to handle specific situations correctly. You are responsible for reviewing call recordings and transcripts and correcting any issues.

To the maximum extent permitted by law, OpusCall's total aggregate liability to you for any and all claims arising out of or related to these Terms or the Services is limited to the amount you paid to OpusCall in the 12 months preceding the event giving rise to the claim.

OpusCall is not liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, business, data, or goodwill
• Damages caused by third-party services, outages, or actions
• Damages caused by your failure to comply with applicable law
• Damages caused by inaccurate configuration, instructions, or content provided by you

These limitations apply even if we have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose.

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.

You agree to defend, indemnify, and hold harmless OpusCall, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any law or third-party right
• The content, instructions, or data you upload to the Services
• Any dispute between you and a third party (including patients, callers, or customers)

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles.

Any dispute arising out of or related to these Terms or the Services will be resolved exclusively in the courts of Ontario, Canada. You consent to the personal jurisdiction of those courts.

If you are an international customer, you waive any right to pursue claims in your local courts and agree that Ontario courts have exclusive jurisdiction.

We may update these Terms from time to time. When we make material changes:

• We will update the "Last Updated" date at the top
• We will notify you by email or through the dashboard
• We will provide at least 30 days' notice before changes take effect

Continued use of the Services after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services.

21.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced, constitute the entire agreement between you and OpusCall regarding the Services. They supersede any prior agreements or understandings.

21.2 Severability

If any part of these Terms is found unenforceable, the rest will remain in full effect.

21.3 No Waiver

Our failure to enforce any provision is not a waiver of our right to enforce it later.

21.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any successor entity (such as in a merger, acquisition, or sale).

21.5 Force Majeure

We are not liable for failures or delays caused by events beyond our reasonable control, including natural disasters, war, terrorism, government action, internet outages, or third-party service failures.

21.6 Notices

We may send notices to the email address associated with your account. You agree that electronic notices satisfy any legal requirement for written communication.

If you have questions about these Terms, contact us at:

• OpusCall Inc.
• Richmond Hill, Ontario, Canada
• Email: hello@opuscall.ai