Terms of Use

Last Updated: Dec 11, 2025

These Terms of Use (“Terms”) govern your access to and use of the AI phone assistant services, websites, applications, and related technologies provided by Pacific Direct Marketing Company / i118.com (“Our Company”, “we,” “us,” or “our”). By creating an account, subscribing to our Services, forwarding your phone number to our system, or otherwise using the Services, you (“you,” “your,” or “Client”) agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Services.

1. Acceptance of These Terms; Using the Services

By accessing or using the Services, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. Your continued use of the Services constitutes acceptance of any updates to these Terms.

“Our Services” include, but are not limited to:
• AI-powered phone answering and call handling
• Order-taking, reservation-taking, and information services
• Optional credit card collection on your behalf
• Delivery of conversation summaries, transcripts, and call recordings
• Access to dashboards, notifications, or management tools
• Month-to-month subscription access

You acknowledge that we may update or modify the Services at any time.

2. Eligibility and Use Restrictions

To use the Services, you must:

1. Be at least 18 years of age (or the legal age of majority in your jurisdiction).
2. Have the authority to enter into these Terms on behalf of yourself or your business.
3. Use the Services only for lawful purposes and in compliance with all applicable laws, including telephone, data privacy, and payment regulations.

You must not use the Services to:
• Engage in fraud or illegal activity
• Harass, abuse, or harm others
• Violate intellectual property rights
• Interfere with system operation, security, or integrity

We may suspend or terminate your access if you violate these Terms.

3. Personal Data

By using the Services, you allow us to collect, process, store, and transmit personal data necessary to provide the Services. This may include:
• Caller phone numbers, names, addresses
• Caller voice recordings
• Transcripts and call summaries
• Payment information (if applicable)
• Your account and profile information

We do not store credit card numbers long-term. Payment information collected by the AI assistant is transmitted to you through recordings for processing in your own payment system.

You are responsible for complying with all applicable privacy laws regarding your customers’ information. You must handle all recordings, transcripts, and summaries in accordance with your own privacy obligations.

4. Account Creation

To access the Services, you must create an account. You agree to:
• Provide accurate and complete information
• Maintain the confidentiality of your login credentials
• Notify us immediately of unauthorized access or security breaches

You are responsible for all activities that occur under your account.

5. Your Content

“Your Content” includes the menu, business information, custom messages, special instructions, recordings, and any data you upload, submit, or collect in connection with the Service.

You represent that:
• You own or have permission to use Your Content
• Your Content does not violate laws or third-party rights
• Your Content is accurate and up to date

You grant Our Company a non-exclusive, worldwide, royalty-free license to use Your Content solely to provide and improve the Services.

6. Our Intellectual Property

All content, software, algorithms, branding, and systems used in the Services are owned by or licensed to Our Company. These include but are not limited to:
• AI models and integrations
• Voice technology
• AI prompts and instructions
• Call-handling workflows
• Dashboards and interfaces
• Documentation and materials

You receive a limited, non-transferable, non-sublicensable license to use the Services solely for your internal business use.

You may not:
• Copy, modify, or reverse engineer the Services
• Resell, redistribute, lease, or sublicense the Services without written permission
• Use our trademarks without written permission

7. Subscription Services; Payment

The Services are billed on a month-to-month subscription basis. By subscribing, you agree to pay all fees associated with your plan, including any usage-based overage fees.

Additional terms:
• Fees are non-refundable unless required by law.
• Your subscription will auto-renew each month until canceled.
• You authorize us to charge your payment method automatically each billing cycle.
• If a payment fails, we may suspend or terminate your access.

If purchased through a reseller, the reseller’s terms may apply.

8. Copyright Complaints

If you believe any content uploaded to the Services infringes your copyright, please send a written notice to our designated agent. We will investigate and take appropriate action in accordance with applicable law.

9. Third-Party Services and Content

Our Services rely on third-party providers such as:
• ChatGPT, Google Gemini and other AI language models and providers
• Telecommunication carriers
• Cloud hosting and data storage services
• Payment or notification service providers

These third-party services are not under our control, and we are not responsible for their availability, accuracy, or performance. Your use of such services may be subject to additional terms and privacy policies.

10. Indemnification

You agree to indemnify, defend, and hold harmless Our Company, its directors, officers, employees, partners, and providers from any claims, losses, damages, liabilities, or expenses arising out of:
• Your use of the Services
• Your Content
• Your violation of these Terms
• Your violation of any law or third-party rights

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
We make no guarantees that the Services will:
• Be uninterrupted or error-free
• Identify or prevent fraudulent caller behavior
• Correctly interpret every caller’s voice or intent
• Always capture orders or reservations perfectly

We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

You understand that AI technologies may generate inaccurate or unexpected outputs, and you use the Services at your own risk.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:
• Our Company will not be liable for indirect, incidental, special, punitive, or consequential damages.
• Our total liability for all claims will not exceed the amount you paid to us in the three (3) months preceding the event giving rise to the claim.

These limitations apply regardless of legal theory and even if we have been advised of possible damages.

13. Dispute Resolution; Binding Arbitration

Any disputes arising out of or related to these Terms or the Services will be resolved through binding arbitration, not in court.

Waiver of Jury Trial

You and Our Company waive all rights to a jury trial.

Waiver of Class and Other Non-Individualized Relief

You agree that disputes will be resolved individually, not as part of a class action, private attorney general action, or group arbitration.

14. Governing Law

These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law principles.

15. Modifying Terms

We may update or change these Terms at any time. We will notify you of material changes, and continued use of the Services constitutes acceptance of the updated Terms.

16. Terminating Our Services

You can cancel your next period subscription at any time through your account dashboard. Your current subscription period remains active until it ends, and partial refunds are not available.
We may terminate or suspend your access if:
• You violate these Terms
• You fail to pay fees
• We discontinue part or all of the Services

Upon termination, you must stop using the Services immediately.

17. Additional Terms Applicable to Mobile Devices

If you access the Services via a mobile app:
• Your device manufacturer or app store may impose additional terms.
• You must comply with the app store’s usage rules.
• We are responsible solely for the app, not for your device or network.

18. Purchases Through Reseller

If you obtained the Services from a reseller:
• Your payment relationship is with the reseller
• These Terms still govern your use of the Services
• Our Company is not responsible for any promises made by resellers beyond these Terms

19. Miscellaneous

• These Terms constitute the entire agreement between you and Our Company.
  • If any part of these Terms is found invalid, the remaining provisions remain in effect.
  • Our failure to enforce any right is not a waiver of that right.
  • You may not assign these Terms without our permission.
  • We may assign these Terms in connection with a merger, sale, or restructuring.