Terms of service
These Terms of Service ("Terms") are an agreement between Aspenline ("Aspenline", "we", "us") and the business that uses our service ("you", "the Client"). They apply to the aspenline.ca website, the client dashboard at app.aspenline.ca, and the Aspenline AI phone receptionist service (together, "the Service").
1. Accepting these terms
- 1.1 The person who accepts these Terms confirms they are at least 18 and authorized to bind the Client. Each person who signs in to the dashboard must also accept them.
- 1.2 The Service is for businesses only, not for personal or household use.
- 1.3 If you sign a separate service agreement or order with us, it is part of these Terms. If they conflict, the signed agreement or order applies.
- 1.4 We record the name, email, date, time, IP address and version of each acceptance as evidence of agreement. An electronic acceptance is as binding as a signature on paper.
2. The Service
- 2.1 We set up and support an AI assistant that answers your calls using the information and instructions you give us. Depending on your plan and setup, it answers questions, takes messages, books appointments, puts callers through to your team and flags urgent calls.
- 2.2 You get a private dashboard with your calls, recordings, transcripts, summaries and bookings, and alerts by text message, WhatsApp or email.
- 2.3 We may change, improve or replace parts of the Service, including the AI models and providers we use, as long as the core Service you pay for stays substantially the same.
- 2.4 Setup timelines are estimates. The Service starts when your assistant is live on your phone number.
3. Your responsibilities
- 3.1 Accurate information. You're responsible for the information you give us and approve, such as hours, services, prices, policies, booking rules, transfer numbers and answers to common questions. Tell us promptly when anything changes. We're not responsible for what the assistant says based on information you gave or approved.
- 3.2 Review and follow-up. You're responsible for reviewing summaries, messages and bookings, calling customers back, confirming appointments, and the services you provide to your customers.
- 3.3 Your legal obligations. You're responsible for complying with the laws that apply to your business and your callers, including privacy law (PIPEDA and Alberta PIPA), consent for recording, Canada's Anti-Spam Legislation (CASL), telemarketing rules, and the rules of your profession or industry.
- 3.4 Your phone line. You're responsible for your own phone service and for setting up and maintaining call forwarding as we explain. Call forwarding fees from your phone company are yours.
- 3.5 Accounts. Keep dashboard sign-in details private, give access only to people who need it, and tell us right away if you suspect unauthorized access. You're responsible for activity under your accounts.
- 3.6 Alert recipients. You confirm that every phone number and email you set up to receive alerts belongs to you or to someone who has agreed to receive them.
4. Acceptable use
You must not use the Service to:
- make outbound sales calls, robocalls, or send unsolicited messages or spam;
- mislead callers, including by removing or hiding the AI or recording notices, or by having the assistant pretend to be a person;
- handle emergencies, medical triage, or anything where a delay or mistake could cause injury or death;
- give legal, medical, financial or other professional advice that callers might rely on;
- collect payment card numbers, health card numbers, social insurance numbers, passwords or similar sensitive information by phone;
- break any law or infringe anyone's rights; or
- interfere with, copy, reverse-engineer or resell the Service, or try to access other clients' data.
5. Fees, billing and cancellation
- 5.1 Fees are as set out in your plan or order: a monthly plan fee, a one-time setup fee, and per-minute charges for minutes above your plan. All amounts are in Canadian dollars and exclude GST and other taxes, which you pay.
- 5.2 Plans are billed monthly in advance. Extra minutes are billed in arrears. Payment is due when invoiced unless your order says otherwise.
- 5.3 Setup fees and fees for past periods are non-refundable. We don't refund partial months.
- 5.4 If payment is more than 15 days late, we may suspend the Service after giving you notice, and charge interest on overdue amounts at 1.5% per month (18% per year) or the highest rate the law allows, if lower. You're responsible for reasonable costs of collecting overdue amounts.
- 5.5 You can cancel at any time with 30 days' written notice, effective at the end of the billing period in which the notice period ends. A minimum term in your order, if any, still applies.
- 5.6 We may change our prices with at least 30 days' notice. Continuing to use the Service after the change takes effect means you accept the new prices.
- 5.7 Pilot or discounted pricing applies only for the period stated in your order.
6. AI and service limits
- 6.1 Not an emergency service. The Service is not a replacement for 911 or any emergency or safety-critical line. The assistant tells callers with an emergency to hang up and call 911. Don't rely on the Service for emergencies.
- 6.2 AI can make mistakes. The assistant uses artificial intelligence and speech recognition. It may mishear or misunderstand callers, give incomplete or wrong answers, record wrong details, fail to book or transfer, or end a call unexpectedly. Summaries and transcripts may contain errors. You accept these limits.
- 6.3 No professional advice. Anything the assistant says is general information on your behalf, not advice from Aspenline.
- 6.4 Availability. We aim to keep the Service running at all times, but we don't guarantee it will be uninterrupted, error-free or available for every call. Planned maintenance, outages and failures can happen.
- 6.5 Third parties. The Service relies on phone carriers, internet providers and third-party services such as Vapi, Twilio, Google and AI providers. We're not responsible for their failures, delays, changes or outages, or for missed, dropped or misrouted calls, texts or emails caused by them or by your call forwarding.
- 6.6 Bookings and transfers. We don't guarantee that any call will result in a booking, sale or transfer, or that a calendar booking or text alert will always be created or delivered.
7. Calls, recordings and data
- 7.1 Your data. Call recordings, transcripts, summaries and caller details ("Call Data") belong to you. You give us permission to collect, store and use Call Data to provide, support, secure and improve the Service for you, as described in our Privacy Policy.
- 7.2 Roles. You decide why Call Data is collected. We handle it on your behalf. You're responsible for having a lawful basis to collect it and for answering your callers' privacy questions. We'll help you respond to callers' access and deletion requests.
- 7.3 Notices. The assistant tells every caller that it is an AI and that the call is recorded. You agree not to remove or weaken these notices.
- 7.4 Storage. Some of our service providers store or process data in the United States. You agree to this and will tell your callers where your own privacy policy requires it.
- 7.5 Retention. Recordings are deleted automatically after the period you choose (90 days by default). You can delete individual calls at any time. When you leave, you can ask for an export of your call summaries within 30 days. We delete your remaining data within 90 days after that, unless the law requires us to keep it.
- 7.6 Usage data. We may use anonymous, combined data that doesn't identify you or your callers, such as call counts and durations, to run and improve our business.
- 7.7 Security incidents. If we learn of a breach affecting your Call Data, we'll tell you without undue delay and work with you on any notices the law requires.
8. No warranties
To the fullest extent the law allows, the Service is provided "as is" and "as available". Aspenline makes no warranties or conditions, express or implied, including about merchantability, fitness for a particular purpose, accuracy, availability, results, or that the Service will meet your needs. Examples, sample calls, savings estimates and calculator results on our website are illustrations, not promises.
9. Limitation of liability
- 9.1 To the fullest extent the law allows, Aspenline is not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business, customers, goodwill or data, even if we were told they were possible. This includes losses from missed, dropped, misrouted or mishandled calls, wrong information given to callers, missed or wrong bookings, and undelivered alerts.
- 9.2 Aspenline's total liability for all claims relating to the Service or these Terms, of any kind and under any legal theory, is limited to the fees you actually paid us for the Service in the 3 months before the event giving rise to the claim.
- 9.3 These limits apply even if a remedy fails of its essential purpose. They don't limit liability that cannot be limited by law.
- 9.4 You must bring any claim within 1 year after the event giving rise to it, unless the law requires a longer period.
10. Indemnity
You agree to defend and indemnify Aspenline and its owners, contractors and service providers against all claims, losses, fines, damages and costs, including reasonable legal fees, arising from: (a) information, content or instructions you gave or approved; (b) your use of the Service, or use under your accounts; (c) your breach of these Terms or of any law, including privacy, recording, anti-spam and telemarketing laws; or (d) your dealings with your callers and customers.
11. Suspension and termination
- 11.1 We may suspend the Service immediately, without liability, if: you break section 4 (Acceptable use); payment is overdue as described in 5.4; your use creates a security, legal or fraud risk; or a provider or the law requires it. Where reasonable, we'll tell you first and restore the Service once the issue is fixed.
- 11.2 Either party may end the Service with 30 days' written notice. We may end it immediately if you seriously breach these Terms and don't fix the breach within 10 days of notice.
- 11.3 When the Service ends, your access ends, you pay all fees owed up to the end date, and data is handled as described in 7.5. Phone numbers we provided remain ours. We may help you move a number where the provider allows, at your cost.
- 11.4 Sections 5, 7 to 10, 12 and 13 continue after the Service ends.
12. Intellectual property and confidentiality
- 12.1 Aspenline owns the Service, the dashboard, our prompts, configurations, templates and know-how, including improvements we make while serving you. You get a non-exclusive, non-transferable right to use the Service while you're a client.
- 12.2 You own your business name, logos, content and Call Data. You give us permission to use them only to provide the Service. With your written permission, we may list you as a client.
- 12.3 If you send us suggestions or feedback, we may use them freely without obligation to you.
- 12.4 Each party will keep the other's non-public business information confidential and use it only for the Service, except where the law requires disclosure.
13. General terms
- 13.1 Changes to these Terms. We may update these Terms. For significant changes, we'll tell you by email or in the dashboard at least 30 days before they take effect and ask you to accept them again. If you don't accept, you may cancel before they take effect.
- 13.2 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as outages of carriers, internet or cloud providers, power failures, natural disasters, pandemics, labour disputes, cyberattacks or government action. This doesn't excuse payment.
- 13.3 Independent parties. We're independent contractors. Nothing in these Terms creates a partnership, employment or agency relationship.
- 13.4 Assignment. You may not transfer these Terms without our written consent. We may transfer them as part of a sale, merger or reorganization of our business.
- 13.5 Notices. We send notices to the email on your account or through the dashboard. Send notices to us at info@aspenline.ca.
- 13.6 Entire agreement. These Terms, the Privacy Policy and any signed agreement or order are the entire agreement about the Service and replace earlier discussions. Proposals, emails and sales materials are not part of it unless included in an order.
- 13.7 Severability and waiver. If any part of these Terms can't be enforced, the rest stays in effect and that part is enforced to the maximum extent allowed. Not enforcing a right is not a waiver of it.
- 13.8 Governing law and disputes. These Terms are governed by the laws of Alberta and the federal laws of Canada that apply there. Before starting a legal claim, both parties will try in good faith to resolve the dispute by discussion for at least 30 days. The courts of Alberta, sitting in Edmonton, have exclusive jurisdiction.
- 13.9 Language. The parties have required that these Terms be written in English.
Contact
Aspenline, Edmonton, Alberta · info@aspenline.ca · (825) 600-5544