1. Agreement to These Terms
These Terms of Service govern your access to and use of the TimeSurge Labs website, dashboard, voice agent application, missed-call recovery workflows, lead response services, SMS and email notification tools, calendar and webhook integrations, onboarding support, and related services. In these Terms, TimeSurge Labs is referred to as "TimeSurge," "we," "us," and "our." Customers, account owners, account users, website visitors, callers, and other users are referred to as "you" or "your" as applicable.
By using the website, submitting an inquiry, creating or using an account, connecting a phone number, routing calls through the service, or otherwise using the services, you agree to these Terms. If you use the services on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" includes that organization.
Additional written order forms, statements of work, service descriptions, invoices, dashboard settings, or onboarding documents may apply to specific services. If there is a conflict between these Terms and a signed written agreement with TimeSurge, the signed written agreement controls for the conflicting term.
2. What TimeSurge Provides
TimeSurge provides lead response infrastructure for contractors, local service businesses, and other organizations. The services may include conversational voice agents, inbound call routing, owner or employee call forwarding, missed-call fallback, after-hours call handling, form lead follow-up, SMS summaries, email notifications, webhooks, customer notes, transcripts, call summaries, appointment records, customer records, and a dashboard for reviewing activity.
The voice agent application may use third-party communications and AI providers to receive calls, connect calls, generate real-time voice responses, record calls where enabled, transcribe recordings, summarize transcripts, and create operational records. The exact features available to you depend on your plan, configuration, integrations, provider availability, and account settings.
TimeSurge is not a replacement for your business judgment, dispatch procedures, emergency response obligations, professional licensing obligations, legal compliance duties, or customer service policies. You remain responsible for deciding how to respond to leads, customers, appointments, urgent requests, and service work.
3. Accounts, Users, and Access
You are responsible for maintaining accurate account information, protecting account credentials, and controlling which users have dashboard access. You must promptly remove access for any person who should no longer use the services on your behalf.
You are responsible for all activity under your account, including actions by employees, contractors, administrators, and other users you authorize. You must notify us promptly if you believe your account, phone routing, dashboard access, API credentials, or connected integrations have been compromised.
We may suspend or limit access if we reasonably believe an account is being used in violation of these Terms, creates security or legal risk, threatens service reliability, or may harm TimeSurge, our providers, callers, customers, or other users.
4. Your Responsibilities
You are responsible for providing accurate business information, intake scripts, service details, owner contact information, phone numbers, email addresses, calendar settings, webhook URLs, and routing rules. You are also responsible for reviewing the agent's script, testing the workflow, and confirming that it matches your business needs before using it with real callers.
You must use the services only for lawful business purposes. You may not use the services to deceive callers, impersonate people, collect information you are not permitted to collect, transmit unlawful or abusive content, interfere with communications networks, violate telecommunications rules, or use AI-generated communications in a way that is unlawful, misleading, or harmful.
You are responsible for honoring your promises to customers and callers. TimeSurge may collect lead details, create summaries, send notifications, and create records, but you remain responsible for follow-up, scheduling decisions, pricing, estimates, job performance, customer communications, dispute resolution, refunds, warranties, and regulatory compliance in your industry.
5. Voice Agents, AI Output, and Human Review
The voice agent uses AI systems and scripted business context to answer questions and collect lead details. AI output may be incomplete, inaccurate, delayed, unavailable, or inappropriate for a particular situation. You should review scripts, transcripts, summaries, customer records, and appointment records for accuracy before relying on them for business decisions.
The voice agent is instructed not to claim to be human. You must not configure the services, scripts, prompts, or workflows to deceive callers about the nature of the system or to make claims the system cannot support.
The services are not designed for emergencies or life-safety communications. You must not rely on the services as the sole method for handling emergencies, hazardous conditions, medical situations, public safety matters, or other urgent matters where failure, delay, or misunderstanding could cause harm.
6. Call Recording, Consent, and Communications Compliance
The services may record calls, download recording media, transcribe audio, summarize calls, store call metadata, and make recordings or playback links available in the dashboard. Recording and monitoring laws vary by jurisdiction. You are responsible for determining whether notice or consent is required and for providing all legally required notices and obtaining all legally required consents before using call recording, transcription, monitoring, or analytics features.
If you use SMS, email, outbound calls, form follow-up, missed-call texts, or similar messaging features, you are responsible for compliance with the Telephone Consumer Protection Act, CAN-SPAM Act, state telemarketing and privacy laws, carrier rules, consent requirements, opt-out rules, quiet hours, message content rules, and any other laws that apply to your communications.
You represent that you have all rights, permissions, and consents needed for TimeSurge and our service providers to process calls, caller information, recordings, transcripts, messages, calendar data, and customer records as necessary to provide the services.
7. Third-Party Services and Integrations
The services may interoperate with third-party providers such as telephony providers, AI providers, database and storage providers, hosting providers, calendar providers, SMS providers, email providers, automation tools, security tools, analytics tools, and customer-provided webhook destinations. Third-party services may be subject to their own terms, privacy policies, service limits, outages, and billing rules.
You are responsible for maintaining your own accounts, permissions, credentials, phone numbers, calendars, webhook endpoints, and provider configurations when those are required for your setup. TimeSurge is not responsible for failures caused by third-party outages, revoked credentials, rate limits, number suspension, carrier filtering, webhook failures, calendar permission changes, or other third-party issues outside our reasonable control.
You authorize TimeSurge to access and use connected third-party services as needed to provide the configured workflows, including sending messages, looking up calendar availability, creating appointment records, delivering owner notifications, or storing operational records.
8. Fees, Billing, and Taxes
Fees, billing schedules, included usage, overage charges, setup fees, support fees, and cancellation terms are described in the applicable order form, invoice, written proposal, or other agreement between you and TimeSurge. Unless stated otherwise in writing, fees are due according to the invoice or payment terms provided to you.
You are responsible for all applicable taxes, duties, carrier charges, provider usage charges, and other governmental assessments associated with your use of the services, except taxes based on TimeSurge's income.
If payment is overdue, we may suspend or limit access to the services after providing reasonable notice, unless the issue creates urgent operational, legal, security, or provider risk.
9. Customer Content and Data
You retain your rights in business information, scripts, prompts, caller information, call recordings, transcripts, summaries, customer records, appointment information, messages, webhook payloads, and other data you provide to or generate through the services, subject to the rights granted in these Terms.
You grant TimeSurge a limited right to host, process, transmit, display, reproduce, modify, and use Customer Content as necessary to provide, secure, support, troubleshoot, maintain, improve, and document the services. This includes processing Customer Content through third-party providers that help us deliver the services.
You represent that Customer Content does not violate law, infringe third-party rights, or include information you are prohibited from providing to TimeSurge or our service providers.
10. Confidentiality
Each party may receive non-public business, technical, customer, operational, or financial information from the other party. The receiving party must use reasonable care to protect confidential information and may use it only to perform under these Terms, operate the services, or exercise rights expressly permitted by these Terms.
Confidential information does not include information that is public through no fault of the receiving party, was already known without restriction, is independently developed without use of the other party's confidential information, or is lawfully received from a third party without a duty of confidentiality.
A party may disclose confidential information when required by law, subpoena, court order, or governmental request, provided that the party gives notice when legally permitted and uses reasonable efforts to limit disclosure.
11. Security and Service Management
TimeSurge uses reasonable administrative, technical, and organizational safeguards designed to protect the services and Customer Content. No system is perfectly secure, and we cannot guarantee that unauthorized access, service interruptions, data loss, provider failures, or security incidents will never occur.
We may update, modify, suspend, or discontinue features from time to time, including to improve performance, maintain security, comply with law, respond to provider changes, or manage service reliability. We will try to avoid materially reducing core paid functionality without reasonable notice when practical.
You must not attempt to probe, scan, disrupt, overload, reverse engineer, bypass authentication for, or gain unauthorized access to the services or related systems.
12. Intellectual Property
TimeSurge and our licensors own the website, software, workflows, dashboards, designs, documentation, templates, know-how, service methods, and other materials we provide, excluding Customer Content. These Terms do not transfer ownership of TimeSurge intellectual property to you.
Subject to your compliance with these Terms and payment of applicable fees, TimeSurge grants you a limited, non-exclusive, non-transferable right to access and use the services for your internal business operations during the applicable service term.
Feedback, suggestions, or ideas you provide may be used by TimeSurge without restriction or obligation to you, provided we do not disclose your confidential information in doing so.
13. Disclaimers
The services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, TimeSurge disclaims all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, error-free operation, and accuracy of AI-generated output.
TimeSurge does not guarantee that the services will capture every call or lead, book any specific number of jobs, increase revenue, prevent missed calls, comply with laws specific to your business, or produce complete or accurate transcripts, summaries, messages, appointments, or customer records.
You are responsible for reviewing legal, regulatory, licensing, insurance, employment, telemarketing, recording, consumer protection, and industry-specific requirements that apply to your use of the services.
14. Limitation of Liability
To the maximum extent permitted by law, TimeSurge will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, lost data, service interruption, replacement services, or missed opportunities, even if we have been advised of the possibility of those damages.
To the maximum extent permitted by law, TimeSurge's total liability arising out of or relating to the services or these Terms will not exceed the amounts you paid to TimeSurge for the services giving rise to the claim during the three months before the event giving rise to liability, or one hundred dollars if no amounts were paid.
Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you. In those jurisdictions, liability is limited to the greatest extent permitted by law.
15. Indemnification
You will defend, indemnify, and hold harmless TimeSurge, our affiliates, service providers, officers, directors, employees, contractors, and agents from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your Customer Content, your business operations, your use of the services, your violation of these Terms, your violation of law, your communications with callers or customers, or your failure to obtain required consents.
We may assume exclusive control of any matter subject to indemnification, and you agree to cooperate with our defense. You may not settle a claim in a way that imposes obligations on TimeSurge without our prior written consent.
16. Term, Suspension, and Termination
These Terms apply while you access or use the services. Either party may terminate services according to the applicable order form, written agreement, or invoice terms. If no specific term applies, either party may terminate ongoing services by providing reasonable written notice.
We may suspend or terminate access immediately if continued use could create legal, security, provider, operational, or reputational risk, or if you materially breach these Terms.
After termination, we may retain, export, delete, or disable access to Customer Content according to our Privacy Policy, operational needs, legal obligations, backup practices, and any written agreement with you.
17. Governing Law and Disputes
These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law rules, unless another governing law is required by a signed written agreement.
Before filing a claim, each party agrees to try to resolve disputes in good faith by providing written notice that describes the dispute and allowing a reasonable opportunity to respond. If the dispute is not resolved informally, the parties may pursue available remedies in a court of competent jurisdiction, unless a signed written agreement requires a different process.
18. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted at https://timesurgelabs.com/terms with a revised effective date. Changes are effective when posted unless the updated Terms state otherwise.
Your continued use of the services after updated Terms become effective means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the services.
19. Contact
Questions about these Terms may be sent through the contact form at https://timesurgelabs.com. Please include your name, business name, contact information, and a description of your request so we can route it appropriately.