Terms of Service

1. Agreement and eligibility

You accept these Terms when you create an account, check a box or tap a button that refers to them (for example, “By continuing you agree to the Terms”), or use the Services. These Terms incorporate our Privacy Policy, our SMS Terms, the plan, price and usage details shown when you subscribe or buy something through the Services (“Order Details”), and the third-party terms referenced below. If documents conflict, Order Details control, then these Terms, then the other documents, except that the Privacy Policy controls how we handle personal information.

• You must be at least 18 years old and able to form a binding contract.
• The Services are for business use only, not for personal, family or household purposes. Sole proprietors are welcome; you use the Services for your business.
• The Services are offered to businesses established in the United States and are designed for calls and texts with U.S. phone numbers. Some calling features also reach Canadian numbers.
• You may not use the Services if you are located in a country subject to a U.S. embargo, or if you or your business appears on a U.S. government list of prohibited or restricted parties.
• Government entities (including agencies and government-owned or government-controlled organizations) may use the Services only with our prior written agreement.

2. Key terms

• “Services” means the FrontLark websites, web app and mobile apps, Business Numbers, AI receptionist, website builder and hosting, forms and electronic signature tools, payment features, scheduling, customer records, automations, reports, and the support we provide.
• “Business Number” means a phone number we provide to you or that you connect to the Services.
• “Team Member” means anyone you invite or allow to use your account, and any staff you add to your schedule.
• “Your Customers” means the people who interact with your business through the Services, such as callers, people who text your Business Number, visitors to your FrontLark website and website chat, and people who book with you, receive your messages, fill out or sign your forms, or pay you.
• “Customer Data” means data and content submitted to or collected by the Services by you, your Team Members or Your Customers, or on your behalf, including call audio, recordings, transcripts, summaries, voicemails, messages, contact records, appointments, jobs, forms, signatures, files, website content and payment records. Customer Data does not include Usage Data.
• “Your Content” means the Customer Data you or your Team Members provide, such as business information, instructions for the receptionist, prices, website copy, photos, logos, reviews and form templates.
• “AI Features” means features that use artificial intelligence or machine learning, including the AI receptionist on calls and website chat, speech recognition and synthesized speech, call summaries and intent, reply drafts, website import and editing help, and automation writing. “Output” means content the AI Features generate, including spoken responses, transcripts, summaries, drafts and website copy.
• “Third-Party Services” means products and services provided by others that the Services use or connect to, as described in Third-party services.
• “Usage Data” means information about how the Services are used and perform, such as feature use, call counts and durations, error logs and device types, in a form that does not identify Your Customers.

3. The Services

FrontLark is a front office for small businesses. Depending on your plan and the tools you turn on, the Services may include:

• Phone: a Business Number; routing calls to your team’s apps and cell phones; an AI receptionist that can answer calls, take messages, answer questions using the information you provide, book, move or cancel appointments, and text links; call recording, transcription and summaries; voicemail; and texting.
• Website: a website for your business hosted at a frontlark.site address or your own domain, with online booking, website chat, request forms and visitor counts.
• Forms: intake forms, waivers, change orders, approvals and other forms, electronic signatures, signed PDF copies and audit trails.
• Payments: invoices, estimates, payment links, deposits, saved cards, tips and in-person payments, processed by Stripe.
• Office: scheduling, customer records, pipelines, automations, notifications and reports.

We may change, add or remove features. If we remove a material feature you pay for, we will give you reasonable advance notice. Features labeled beta, preview or similar (“Beta Features”) are provided “as is,” may change or end at any time, and are not covered by any commitment in these Terms.

4. Accounts, security and your team

• You must give accurate, current and complete information when you sign up and keep it up to date, including your business details, legal profile and contact information.
• You must verify a mobile number you control. We send sign-in codes to it by text, as described in our SMS Terms.
• You are responsible for keeping your credentials and devices secure and for all activity in your account, including by your Team Members. Tell us right away at help@frontlark.com if you suspect unauthorized access.
• You decide who joins your account and what role they have. You are responsible for your Team Members’ compliance with these Terms and for removing a person’s access when they should no longer have it.
• Calls your Team Members answer or join, and their messages with Your Customers, may be recorded, transcribed and reviewed according to your settings. You are responsible for telling your Team Members this and for obtaining any consent the law requires from them.
• We may require additional verification, and we may suspend access when needed to protect your account or the Services.

5. Business Numbers

• We obtain Business Numbers from our telecommunications providers. You may use a Business Number while your account is active and in good standing. Numbers are subject to the rules of carriers, regulators and numbering authorities. We cannot guarantee a particular number or area code, or that a number will stay available if a regulator or carrier reclaims it.
• Porting. Where available, we will help you move an existing number to FrontLark. If you want to move a Business Number to another provider, we will cooperate with a valid port-out request from your new provider. Porting a number out does not cancel your subscription or any amount you owe.
• If your account ends and you have not ported your Business Number out, we may release it 30 days later. A released number may be assigned to someone else.
• Caller ID display, spam labels and call blocking are controlled by carriers and other third parties. We may register your Business Number with caller authentication and branding programs for you, but we do not control how other carriers display or label your calls.
• To prevent fraud, calls placed through the Services are limited to U.S. and Canadian numbers and cannot reach premium-rate numbers.

6. Calls, recording and AI disclosure

Your settings

You control how calls to your Business Number are handled, including whether your team or the AI receptionist answers first, how long calls ring, whether calls are recorded and transcribed, whether callers your team answers hear a recording notice, and how long recordings and transcripts are kept. By default, calls are recorded and transcribed, and recordings and transcripts are kept for 365 days. The AI disclosure described below cannot be turned off.

Recording and monitoring laws

You are solely responsible for complying with every law that applies to recording, monitoring, transcribing and analyzing calls and chats, including federal and state wiretap and eavesdropping laws. Tennessee and federal law allow a call to be recorded with one party’s consent, but many states require the consent of everyone on the call, including California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington, and some states’ laws can reach recordings made by a service provider. Those laws can apply to a caller in that state even though your business is elsewhere. Because callers can be anywhere, keep the recording notice on whenever recording or transcription is on. Do not turn the notice off unless you have confirmed that the law allows it for every call you handle. You authorize us and our providers (including Twilio, which records calls and transcribes calls your team answers) to record, transcribe and analyze calls and chats for you according to your settings.

AI disclosure

The AI receptionist is an automated system, not a person. Before anyone talks or chats with it, the AI receptionist tells them that they are talking with AI rather than a person, that the conversation is processed by FrontLark’s AI providers, and that it is recorded and transcribed. If anyone asks whether they are talking with a person, it says that it is an AI. Our AI provider requires these disclosures, and laws such as California Business and Professions Code § 17941, Utah’s Artificial Intelligence Policy Act and Maine’s law on AI chatbots in trade (10 M.R.S. ch. 241) may also require them. You must not remove, shorten, obscure or contradict these disclosures, or configure, instruct or use the AI Features to make anyone believe they are communicating with a human.

You must give people who do not want to talk with AI or be recorded another way to reach you, for example by asking the receptionist for a person, leaving a message, or contacting you by email or in person. Where the law requires consent for a call or chat, you must keep documentation that you obtained it for at least five years (or longer if the law requires), and provide it to us on request if we need it to respond to a claim, complaint or regulatory inquiry.

Outbound calls

The AI receptionist answers calls; it does not place sales or marketing calls. The Federal Communications Commission treats AI-generated voices as “artificial” voices under the Telephone Consumer Protection Act (“TCPA”). You must not use the Services to place calls that use an artificial or prerecorded voice or an automatic telephone dialing system without the prior express consent the law requires (prior express written consent for telemarketing), or to make telemarketing calls to numbers on the National Do Not Call Registry or your own do-not-call list. Calls your Team Members place from the apps are your calls, and you are responsible for them. Test calls to the AI receptionist may be placed only to numbers you or your Team Members control.

What the AI receptionist does

The AI receptionist acts on the information, instructions, permissions and approval rules you set. You are responsible for keeping your business information accurate (such as services, prices, hours, service area, booking policies and fees) and for the actions you allow it to take. The receptionist will not take payment card numbers, bank details or Social Security numbers on calls. It is instructed to tell callers to get to safety and call 911 when people may be in danger, but it is not an emergency service (see 911 and emergencies).

7. 911 and emergencies

The Services are not a replacement for an ordinary phone line, and you cannot use them to call 911 or other emergency services. Calls to 911 and other emergency numbers cannot be placed from a Business Number or the FrontLark apps. Use your mobile phone’s regular dialer or a landline to call 911.

• Keep a mobile phone or landline available for emergencies, and tell every Team Member about this limitation.
• The AI receptionist is not an emergency dispatcher. It may not recognize an emergency, it cannot contact emergency services or transfer a caller to them, and nothing it says means otherwise.
• The Services may also stop working during power, internet, carrier or provider outages, or if your account is suspended.

By accepting these Terms, you acknowledge that you have read and understand these limitations. To the extent the law allows, we and our providers are not liable for any inability to reach emergency services through the Services.

8. Text messaging

Registration

U.S. carriers require businesses to register before texting from a local number (known as A2P 10DLC). You appoint us as your agent to submit your business, brand and campaign information to our messaging provider (Twilio), The Campaign Registry and wireless carriers; to register and maintain your brand and campaigns; and to respond to carrier and registry questions for you. You represent that the information you provide is accurate and that you are authorized to provide it. Registration fees are charged at cost and shown before you submit. Carriers and the registry decide whether to approve a registration and may suspend it; we do not guarantee approval or timing. Until texting is approved, the Services may send some messages to Your Customers by email instead.

You are the sender

You are the sender of texts from your Business Number, including automated texts the Services send for you (such as confirmations, reminders, form and payment links, review requests and missed-call text backs) and replies your Team Members send or approve. You are responsible for complying with the TCPA, state telemarketing and texting laws (such as Tennessee’s telephone and text solicitation laws, the Florida Telephone Solicitation Act, the Oklahoma Telephone Solicitation Act, the Virginia Telephone Privacy Protection Act, and Texas’s telephone solicitation law, which can require registration before sending marketing texts), the CTIA Messaging Principles and Best Practices, carrier codes of conduct, and Twilio’s Acceptable Use Policy and Messaging Policy. Among other things, you must:

• obtain each recipient’s prior express written consent to receive texts from your business before texting them (for example, a box they check on your website or forms, or a text they send you first), as Twilio’s Messaging Policy requires of businesses on platforms like FrontLark, and obtain separate express written consent before sending marketing or promotional texts;
• keep proof of each consent at least until it is revoked (and as long as the law requires), and never sell, rent, share or transfer consent or rely on consent given to someone else;
• never text purchased, rented, shared or scraped lists, or anyone who has not agreed to hear from your business;
• honor opt-outs. The Services process STOP and similar replies automatically. If someone opts out another way, such as on a call or in person, you must record it in FrontLark promptly, and in any case within the time the law requires;
• identify your business in your messages and send only messages that match your registered campaign;
• follow the time-of-day, day-of-week and frequency limits that apply to you, including state limits on when and how often marketing texts may be sent (several states allow them only between 8 a.m. and 8 p.m. in the recipient’s time zone, and some prohibit them on Sundays or holidays), and complete any registration or bonding a state requires;
• not send content that carriers or Twilio prohibit, including content about sex, hate, alcohol, firearms or tobacco; cannabis, CBD, kratom or vaping; prescription drugs; gambling; high-risk financial services, debt relief or “get rich quick” offers; third-party lead generation; or links through public URL shorteners;
• notify the people you text, and obtain their consent, that our messaging provider transmits text messages and collects and monitors their content (for example, to prevent spam and fraud). The SMS terms and privacy policy we generate for your website include this notice; and
• publish a privacy policy and SMS terms. We generate drafts of both on your FrontLark website; you must review them and keep them accurate.

Our consent checkboxes, consent records, opt-out handling and limits on marketing messages are tools to help you comply. They do not make your messages compliant or shift your responsibility to us. Carriers may filter, delay or block messages, and we do not guarantee delivery.

Email

Emails the Services send for you come from our sending domain and identify your business. You are responsible for their content and for complying with the CAN-SPAM Act and other email laws, including for any promotional email.

9. AI Features

• How they work. The AI Features use machine learning models operated by our providers, including ElevenLabs (the receptionist on calls and website chat, speech recognition and synthesized voices) and OpenAI models we access through Cloudflare (summaries, drafts and website help). Our current providers are listed in our Privacy Policy.
• Mistakes happen. AI Features can be wrong. Output may be incomplete, inaccurate or inappropriate, and the receptionist may misunderstand a caller, mishear a name or number, or book the wrong time. You are responsible for reviewing Output and outcomes (such as summaries, bookings and drafted replies) before relying on them, and for requiring approval for actions that matter to your business.
• Not for high-stakes uses. Do not use the AI Features to give medical, legal, financial, insurance or other professional advice; to diagnose or treat any condition; for emergency dispatch; or to make decisions that have legal or similarly significant effects on people, such as decisions about credit, employment, housing, insurance, education, healthcare or access to essential services.
• Provider rules. Your use of the AI Features must also comply with the OpenAI Usage Policies and the ElevenLabs terms described below.
• Voices. The receptionist speaks with licensed synthetic voices that we make available. You may not use the Services to clone, imitate or impersonate the voice or likeness of any real person (including in violation of Tennessee’s Ensuring Likeness, Voice, and Image Security (ELVIS) Act), or to impersonate another business or a government agency.
• Output. As between you and us, you own the Output generated for your account. Output may be similar to output generated for others, and you have no rights in output generated for others.
• Training. We do not use Customer Data to train AI models for anyone other than you, and we require our AI providers not to use it to train their models. We may use Customer Data to provide, support, secure and improve the Services for you, for example to troubleshoot a call or refine the instructions we give our providers.
• No misuse. Do not attempt to bypass the AI Features’ safeguards, extract their instructions or underlying models, or use Output to develop competing AI models.

ElevenLabs terms

The AI receptionist is provided using services of ElevenLabs, Inc. and its affiliates (“ElevenLabs”). As a condition of using it, you agree that:

• you are bound by restrictions, obligations and prohibitions on your use of the AI receptionist at least as restrictive as those in the ElevenLabs Terms of Service, including its incorporated Prohibited Use Policy, as ElevenLabs updates them, and you will comply with them;
• neither we nor you are an agent or partner of, or in a joint venture with, ElevenLabs, and you will not hold yourself out as one;
• ElevenLabs is a third-party beneficiary of these Terms and may enforce them as they relate to its services; and
• you grant ElevenLabs and its affiliates and subcontractors a non-exclusive right to process and use your Customer Data to provide and support their services.

We make no representations or warranties about ElevenLabs’ services beyond those in these Terms, and we will forward to you any notice from ElevenLabs that may affect your use of the AI receptionist.

10. Websites, domains and your content

• Your website. We host a website for your business at a frontlark.site address and, if you connect one, your own domain. Your website shows “Powered by FrontLark.” You are responsible for its content, including that business claims such as licenses, insurance, prices and reviews are accurate and lawful.
• Reviews. Reviews and testimonials you publish must be genuine and not misleading, and you must comply with the Federal Trade Commission’s rule on consumer reviews and testimonials (16 C.F.R. Part 465). Do not publish fake or AI-written reviews or hide negative ones. Review requests you send through the Services must go to customers without regard to whether their experience was positive, and must not offer anything in exchange for a positive review.
• Legal pages we generate. We publish a draft privacy policy and SMS terms on your website so carriers can review your texting program. These drafts are templates, not legal advice. You instruct us to publish them, and you are responsible for reviewing them and making sure they accurately describe your practices.
• Your own domain. If you connect a domain you own, you authorize us and Cloudflare to verify it and to issue and renew security certificates for it. You are responsible for your DNS settings.
• Domains you buy through FrontLark. Domains are registered through our registrar partner, Porkbun, with your business as the registrant. When you buy a domain, you agree to the then-current Porkbun Domain Name Registration Agreement and the ICANN policies it incorporates, including the Uniform Domain-Name Dispute-Resolution Policy, and we keep a record of your agreement. ICANN describes your rights and duties as a registrant in its Registrants’ Benefits and Responsibilities and registrant educational information. You must provide accurate registrant contact information, update it within 7 days of any change, and respond to registrar inquiries; willfully inaccurate information can lead to cancellation of the registration. You represent that your registration and use of the domain do not infringe anyone’s rights. We charge the registrar’s price with no markup, shown before you buy, and we turn on automatic renewal; renewal fees are your responsibility. You authorize us to act as your agent to register, renew, manage DNS for and transfer the domain. If your account ends, we will give you what you need to transfer the domain to another registrar or account. A domain whose renewal is not paid may expire.
• Copyright complaints. If you believe content on a site we host infringes your copyright, send a notice that meets 17 U.S.C. § 512(c)(3) to our designated agent at legal@frontlark.com or by mail to Simplisik LLC, Attn: Copyright Agent, Nashville, Tennessee. If your content was removed and you believe it was a mistake, you may send a counter-notice under 17 U.S.C. § 512(g). We remove or disable infringing content and terminate the accounts of repeat infringers in appropriate circumstances.

11. Forms and electronic signatures

• Your forms, your agreements. Agreements and forms signed through the Services, such as intake forms, waivers, change orders, estimates, maintenance agreements, photo releases and financing consents, are between you and the signer. We are not a party to them, and we do not guarantee that any form is enforceable or complies with the laws that apply to you, which vary by state and industry.
• Templates are not legal advice. Our templates, sample wording and default settings are starting points. You are responsible for reviewing and adapting them with your own advisers, including for state rules on liability waivers, home improvement and door-to-door sales (including the FTC’s Cooling-Off Rule, 16 C.F.R. Part 429), automatic renewals and maintenance plans, cosmetology and massage regulations, and consumer financing.
• Electronic consent. Before anyone signs, the Services ask them to consent to electronic records and signatures, as the federal ESIGN Act requires for consumer disclosures. You must honor requests for paper copies and withdrawals of consent, and use paper where the law requires it.
• Records. The Services keep signed PDFs, signatures and an audit trail (including times, IP addresses and device information) to help show what was signed and when. Signed records may be kept in write-protected storage for their retention period even if other data is deleted.
• Health and sensitive information. The Services are not designed for protected health information under HIPAA, and we do not sign business associate agreements. If you are a HIPAA covered entity or business associate, you must not use the Services to collect, store or send protected health information. If your forms collect health-related information (for example, allergies or a massage intake), you are responsible for the notices and consents the law requires, including under Washington’s My Health My Data Act and similar state laws. Do not ask Your Customers for Social Security numbers, full payment card numbers or bank account numbers in forms or messages.

12. Payments (Stripe)

Payment processing services for businesses on FrontLark are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a business that accepts payments on FrontLark, you agree to be bound by the Stripe Services Agreement, as the same might be modified by Stripe from time to time. As a condition of FrontLark enabling payment processing services through Stripe, you agree to provide FrontLark accurate and complete information about you and your business, and you authorize FrontLark to share it and transaction information related to your use of the payment processing services provided by Stripe.

• You are the merchant. You are the merchant of record for your sales and have your own account with Stripe. Stripe sets and collects its processing fees from you and pays out on its schedule. FrontLark does not currently charge any fee on your payments; if that changes, we will tell you clearly and in advance.
• What FrontLark does in your Stripe account. You authorize FrontLark to access your Stripe account information (such as account status and requirements, payments, refunds, disputes, balances, payouts, customers and saved payment methods) and to act in your Stripe account for you as needed for the payment features you use: creating your account and onboarding, invoices, payment links and payments, deposits and fees, saved cards, refunds, tips, in-person payment locations and readers, and payment method domains for your websites. You also authorize FrontLark to share this information with Stripe. We use it only to provide the Services.
• Stripe’s decisions. Stripe decides whether to approve your account and may hold funds, delay payouts or close your account under the Stripe Services Agreement. We are not responsible for Stripe’s decisions or services. You may not use the payment features for, or enable anyone else to operate or benefit from, any business on Stripe’s Prohibited and Restricted Businesses list.
• Your sales. You are responsible for your prices, the taxes you charge and remit, receipts, refunds, chargebacks and disputes, and your customer policies.
• Saved cards and fees. If you save Your Customers’ cards to charge later (for example, deposits, balances, or late-cancellation and no-show fees under your booking policy), you must, before the card is saved, clearly disclose your policy, when and how often you may charge the card, the amount or how it is calculated, and how the customer can cancel; obtain the customer’s authorization (the Services show authorization wording and keep a record of it); charge only what was authorized; and follow card network rules.
• In-person payments. Tap to Pay and card readers are powered by Stripe Terminal and subject to Stripe’s Terminal terms and Terminal device license. On iPhone, the account owner must also accept Apple’s Tap to Pay on iPhone terms in the app, using an Apple ID associated with the business. Tap to Pay requires a supported device (on Android, a Google-certified device), and Apple and Google are not parties to these Terms. You may use Tap to Pay only for business transactions, only while you have an active Stripe account, and you may use card information only to process the transaction. You must tell your customers how you handle their personal information, for example in your privacy policy. The app uses your device’s location while you take a payment, as card networks require. We will tell you when a payment software update is required.
• Card data. Card numbers are entered directly into Stripe’s systems. FrontLark does not receive or store full card numbers. Never write card numbers in notes, messages or forms.

13. Plans, trials, billing and renewal

• Plans. Plan prices, included allowances (such as the minutes FrontLark spends answering or joining calls), seat limits and usage rates are shown on our pricing page and when you subscribe. Calls your team answers itself are unlimited unless your plan says otherwise.
• Free trial. If your plan includes a free trial, you will not be charged during the trial. We will remind the account owner before the trial ends. Unless you cancel before the trial ends, your paid subscription begins when the trial ends and your payment method will be charged.
• Automatic renewal. Your subscription renews automatically for successive periods of the same length (monthly or yearly) at the then-current price until you cancel. You authorize us to charge your payment method at the start of each period, plus any usage fees, pass-through costs and taxes. For yearly plans, we will email the account owner a reminder before each renewal.
• Cancellation. You can cancel anytime in your account settings or by emailing help@frontlark.com. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Usage fees. If you go over your plan’s allowance, additional minutes are charged at the rate shown on our pricing page.
• Pass-through costs. Carrier and registry fees for texting registration (a one-time brand fee and a monthly campaign fee) and domain registrations and renewals are charged at our cost and shown before you agree to them.
• Price changes. We may change prices with at least 30 days’ notice. Changes take effect at your next renewal; if you do not agree, cancel before then.
• Refunds. Except where the law requires or these Terms say otherwise, fees are non-refundable, and we do not give refunds or credits for partial periods, unused allowances or downgrades.
• Taxes. Fees do not include taxes. You are responsible for sales, use, telecommunications and similar taxes and regulatory fees (other than taxes on our income), which we will collect where required, including Tennessee sales tax where it applies.
• Failed payments. If a payment fails, we may retry it and, after notice to you, suspend the Services until it is paid. You must tell us about any billing dispute within 60 days of the charge.

14. Customer Data and data protection

Ownership and license

As between you and us, you own Customer Data. You grant us a non-exclusive, royalty-free license to host, copy, process, transmit, display and adapt Customer Data as needed to provide, secure and support the Services, to comply with law, and as described in these Terms and our Privacy Policy. You also permit us to show your business name, logo and website content publicly on the websites and pages you publish.

Your responsibilities

You are responsible for Customer Data and for how you collect and use it, including giving Your Customers the notices the law requires (such as a privacy policy); obtaining the consents the law requires (including for recording, texts, marketing, health information and electronic signatures); having the rights to Your Content; and responding to Your Customers’ requests about their information. We will refer to you any request we receive from one of Your Customers about information we process for you.

Our role and commitments

For personal information in Customer Data, you are the “business” or “controller,” and we are your “service provider” or “processor,” under the California Consumer Privacy Act and other U.S. state privacy laws. We will:

• process it only to provide the Services under your documented instructions (these Terms, your settings and your use of the Services) and for other purposes the law allows a service provider, such as security, fraud prevention, debugging and legal compliance;
• not sell it, not share it for cross-context behavioral advertising, and not retain, use or disclose it outside our direct business relationship with you or for any purpose other than those listed here;
• not combine it with personal information we receive from others, except as the law allows service providers to do;
• not use call audio, recordings, transcripts, chats or messages to train AI models for anyone other than you, and require our AI providers not to do so;
• comply with the privacy laws that apply to us as your service provider, give it the level of privacy protection those laws require, and tell you if we can no longer meet these obligations;
• require our personnel who handle it to keep it confidential;
• use subprocessors under written contracts that protect it at least as well as these Terms, list them in our Privacy Policy, update that list before a new subprocessor begins processing it, and remain responsible for them;
• help you, taking into account the nature of our processing, respond to requests from individuals and complete data protection assessments;
• maintain reasonable security measures appropriate to the nature of the data;
• notify you without undue delay after we confirm a security breach affecting it, and give you the information you reasonably need to meet your own notice obligations;
• delete or return it when the Services end, as described below, unless the law requires us to keep it; and
• give you information reasonably necessary to show that we meet these obligations, and allow you to take reasonable and appropriate steps to stop and remediate any unauthorized use.

We may create de-identified or aggregated information from Customer Data and Usage Data, which we will not attempt to re-identify, and use it to operate, analyze and improve the Services. Usage Data belongs to us.

Retention and deletion

Call recordings and transcripts are kept for the retention period you choose (365 days by default). You may ask us for an export of your Customer Data within 30 days after your account ends. We delete Customer Data within 90 days after your account ends, except data the law requires us to keep, signed records held in write-protected storage until their retention period ends, consent and opt-out records we keep to show compliance, and copies in backups that are deleted on their normal schedule.

15. Acceptable use

You will not, and will not allow anyone else to, use the Services to:

• break any law or regulation, or violate anyone’s rights, including privacy, publicity, intellectual property and consumer protection rights;
• send spam or unwanted messages, or make robocalls or autodialed or artificial-voice calls without the consent the law requires;
• harass, threaten, defame, discriminate against or deceive anyone, or engage in fraud, phishing, scams or impersonation, including impersonating a person, a business or a government agency, or presenting an AI as a human;
• send or collect content prohibited by our providers’ policies, including Twilio’s Acceptable Use Policy and Messaging Policy, the ElevenLabs Prohibited Use Policy, the OpenAI Usage Policies and Stripe’s Prohibited and Restricted Businesses list;
• text for a type of business the Services do not support, such as high-risk financial services (for example, payday loans, debt relief or cryptocurrency), gambling, adult content, cannabis, or lead generation that sells or shares people’s information or consent;
• collect Social Security numbers or other government ID numbers, full payment card numbers, bank account numbers or credentials, passwords, protected health information or similar sensitive information through calls, chats, messages or forms (card payments through Stripe are fine);
• target children, knowingly collect information from children under 13, or use the AI Features for a service directed primarily at people under 18;
• falsely imply that you are affiliated with, endorsed by or sponsored by FrontLark or any of our providers;
• send political, polling, fundraising or debt collection communications, unless we have approved them in writing;
• upload malware, or interfere with, overload, probe or disrupt the Services or our providers’ networks;
• reverse engineer or decompile the Services (except where the law allows), scrape them, or bypass usage limits, security or access controls;
• resell or provide the Services to others, or use them for a business other than the one on your account, without our written permission;
• generate artificial traffic to inflate usage, or engage in toll fraud or traffic pumping; or
• build a competing product, or publish benchmarks of the Services without our consent.

We may investigate suspected violations, remove content, suspend or limit features such as texting or calling, and cooperate with carriers, providers and authorities. Carriers and providers may also suspend services for violations of their policies.

16. Third-party services

The Services rely on and connect to Third-Party Services, including Twilio (Business Numbers, calls, texts and sign-in codes), ElevenLabs (the AI receptionist), OpenAI (AI summaries, drafts and website help), Cloudflare (hosting, storage, email, AI gateway and website delivery), Stripe (payments), Google (calendar connection, Android notifications and some sign-in code delivery), Apple (iPhone notifications and Tap to Pay), Expo (app notifications) and Porkbun (domain registration). Your use of a Third-Party Service may be subject to its own terms. We are not responsible for Third-Party Services or their acts or omissions.

When you connect a Third-Party Service such as Google Calendar, you authorize us to access and exchange data with it as needed for the features you turn on, and you may disconnect it at any time. A Third-Party Service may change or stop working with the Services, and we may need to change the Services as a result.

17. Mobile apps

• License. Subject to these Terms, we grant you and your Team Members a limited, non-exclusive, non-transferable, revocable license to install and use the FrontLark mobile apps on devices you own or control, only to use the Services.
• Permissions. The apps may ask to use your microphone (to talk on calls), notifications (incoming calls and alerts), location (while taking a card payment), Bluetooth and local network (card readers), and camera and photos (job photos). You can change these in your device settings, but some features will not work without them.
• Updates. We may update the apps or require you to install an update to keep using them.
• Google Play. If you get an app from Google Play, Google’s terms also apply to that download, and Google is not responsible for the app.

Apps from Apple’s App Store

If you download an app from Apple’s App Store, you and we also agree that:

• these Terms are between you and us only, not Apple, and we, not Apple, are solely responsible for the app and its content;
• your license to the app is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple’s Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing;
• Apple has no obligation to provide any maintenance or support for the app;
• if the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any). To the maximum extent the law allows, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses from a failure to conform to a warranty are our responsibility to the extent these Terms do not disclaim them;
• we, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws;
• if a third party claims that the app or your possession or use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim;
• you represent that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties;
• you must comply with applicable third-party terms (such as your wireless data service agreement) when using the app; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the app, and once you accept these Terms, Apple has the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Questions, complaints and claims about the apps go to us, using the contact information at the end of these Terms.

18. Our intellectual property and feedback

• We and our licensors own the Services, including the software, templates, designs, documentation, the voices and models made available through the Services, and the FrontLark name and logo. Except for the rights expressly granted in these Terms, we reserve all rights.
• Subject to these Terms and payment of the applicable fees, we grant you a non-exclusive, non-transferable right during your subscription to access and use the Services for your business.
• If you send us suggestions or feedback, we may use them without restriction or payment to you.
• We will not publicly name you as a customer without your permission, other than the “Powered by FrontLark” notice on your website and pages, and the fact that your messages and pages are delivered by FrontLark.

19. Confidentiality

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”). The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and share it only with employees, contractors and advisers who need to know it and are bound by confidentiality obligations. Confidential Information does not include information that is or becomes public through no fault of the recipient, was already known to the recipient without restriction, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information when the law requires, after giving reasonable notice where allowed. Customer Data is also protected as described in Customer Data and data protection and our Privacy Policy.

20. Suspension and termination

• By you. You may cancel at any time, as described in Plans, trials, billing and renewal.
• By us. We may suspend or end your account or any part of the Services, with notice where practical, if you materially breach these Terms and do not cure the breach within 15 days after notice (or immediately if it cannot be cured); you violate Acceptable use; your use creates a security, legal, fraud or reputational risk, or harms our providers, carriers or other customers; a carrier, provider or authority requires it; or you do not pay. We may also stop offering the Services to everyone with at least 30 days’ notice, and we will refund prepaid fees for the unused period.
• What happens next. Your right to use the Services ends, and amounts you owe become due. A Business Number you have not ported out may be released after 30 days. Domains you registered remain yours, and we will help you transfer them. Customer Data is handled as described in Retention and deletion. Provisions that by their nature should survive, including those about fees owed, Customer Data, disclaimers, limitation of liability, indemnification and disputes, survive.

21. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES, OUTPUT, TEMPLATES AND THIRD-PARTY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE AND OUR PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; THAT EVERY CALL WILL BE ANSWERED OR CONNECTED OR EVERY MESSAGE DELIVERED; THAT OUTPUT WILL BE ACCURATE; OR THAT THE SERVICES, TEMPLATES, CONSENT WORDING OR GENERATED LEGAL PAGES WILL MEET YOUR LEGAL OBLIGATIONS. NOTHING WE PROVIDE IS LEGAL, TAX OR OTHER PROFESSIONAL ADVICE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

22. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, BUSINESS, BOOKINGS OR GOODWILL, MISSED OR DROPPED CALLS OR MESSAGES, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS ($100).

The limits in (B) do not apply to your payment obligations, your indemnification obligations or your breach of Acceptable use. Nothing in these Terms limits either party’s liability for fraud, gross negligence or willful misconduct, or any other liability that cannot be limited by law.

These limits apply to every theory of liability, including contract, tort (including negligence), strict liability and statute, and they are an essential part of the bargain between us.

23. Indemnification

You will defend, indemnify and hold harmless Simplisik LLC, its affiliates, and their members, managers, officers, employees, contractors and providers from and against any third-party claim, and all related losses, damages, fines, penalties, settlements and expenses (including reasonable attorneys’ fees), arising out of or relating to: (a) Customer Data or Your Content; (b) your or your Team Members’ use of the Services, including calls, recordings, texts, emails, forms, payments and any Output you use; (c) your violation of these Terms, our providers’ policies or any law, including the TCPA and telemarketing, recording, privacy and consumer protection laws; (d) your products, services, prices, policies and agreements with, and conduct toward, Your Customers; or (e) your instructions to or configuration of the AI Features.

We will defend you against any third-party claim that the Services, as we provide them and you use them under these Terms, infringe a U.S. patent, copyright or trademark or misappropriate a trade secret, and pay the amounts finally awarded or agreed in a settlement we approve. This does not apply to claims arising from Customer Data, Your Content, Output, Third-Party Services, combinations with things we did not provide, or changes we did not make. If the Services are or may become subject to such a claim, we may modify them, obtain a license, or end the affected Services and refund prepaid fees for the unused period. This paragraph states our entire obligation, and your exclusive remedy, for infringement claims.

The party seeking defense must promptly notify the other in writing, give it control of the defense and settlement (no settlement may impose obligations on the indemnified party without its consent), and reasonably cooperate.

24. Disputes, governing law and venue

• Talk to us first. Before filing a claim, send a written description of the dispute to legal@frontlark.com. We will both try in good faith to resolve it for 30 days.
• Governing law. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Tennessee and applicable U.S. federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
• Venue. The state courts located in Davidson County, Tennessee, and the United States District Court for the Middle District of Tennessee have exclusive jurisdiction over any such dispute, and each party consents to personal jurisdiction and venue there. Either party may bring an individual claim in small claims court if it qualifies, or seek an injunction in any court with jurisdiction to protect its intellectual property or Confidential Information.
• JURY TRIAL WAIVER. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
• CLASS ACTION WAIVER. TO THE EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION.
• Time limit. Any claim must be filed within one year after it arises, unless the law requires a longer period.

25. Changes to these Terms

We may update these Terms. If a change is material, we will notify the account owner by email or in the Services at least 30 days before it takes effect, unless the change is required by law or concerns new features or security, in which case it may take effect sooner. The “Last updated” date shows when these Terms last changed. If you do not agree to a change, you may cancel before it takes effect, and if you prepaid for a yearly plan we will refund the unused portion. Using the Services after the change takes effect means you accept it.

26. General terms

• Entire agreement. These Terms, including the documents they incorporate, are the entire agreement between you and us about the Services and replace any prior agreements on that subject.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of all or substantially all of our assets or of the Services.
• Force majeure. Neither party is liable for a delay or failure (other than a payment obligation) caused by events beyond its reasonable control, including outages of carriers, the internet, power, cloud or AI providers; natural disasters; labor disputes; government action; and cyberattacks.
• Notices. We may give you notice by email to the account owner or in the Services. Send legal notices to legal@frontlark.com and by mail to Simplisik LLC, Attn: Legal, Nashville, Tennessee.
• Electronic communications. You agree to receive these Terms, notices and other communications from us electronically, and that they satisfy any requirement that they be in writing.
• Relationship. The parties are independent contractors. Except as stated in AI Features (ElevenLabs), Mobile apps (Apple) and Indemnification, there are no third-party beneficiaries of these Terms.
• Severability and waiver. If a provision is found unenforceable, it will be enforced to the maximum extent possible and the rest of these Terms will remain in effect. A failure to enforce a provision is not a waiver.
• Export and sanctions. You must comply with U.S. export control and sanctions laws in using the Services.
• Interpretation. Headings are for convenience only. “Including” means “including without limitation.” These Terms are written in English, which controls over any translation.

27. State-specific notices

• California. The Services are provided by Simplisik LLC, Nashville, Tennessee, at the charges shown on our pricing page and when you subscribe. Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
• New Jersey. For New Jersey residents, the sections titled Disclaimers, Limitation of liability and Indemnification, and the jury trial and class action waivers in Disputes, governing law and venue, apply only to the extent New Jersey law allows.
• Every state. Nothing in these Terms limits a right you have under your state’s law that cannot be waived by contract. Where a provision is not allowed in your state, it applies only to the extent your state’s law allows.

28. Contact us

Simplisik LLC (FrontLark), Nashville, Tennessee.

• Legal notices and questions about these Terms: legal@frontlark.com
• Support: help@frontlark.com