Terms of Use

1. The service

BigPhone.ai is software that connects to customer-controlled data sources, including CRM systems, and enables automated and AI-generated voice communications and related workflows. You configure campaigns, provide or connect data, and control how you use the service.

2. Eligibility and account authority

You represent that you are at least the age of majority in your jurisdiction, that your registration information is accurate, and that you are authorized to bind the business identified in your account. You are responsible for safeguarding your account credentials and access to your organization.

3. Customer data and data sources

You control the contacts, phone numbers, and other information you connect or upload to the service. You are responsible for having lawful authority to use that information and for deciding whom to contact.

The service may offer phone-number validation or verification tools. These tools do not establish consent, prove that a number can lawfully be called, or replace checks against applicable do-not-call lists. A contact's presence in a CRM does not establish permission to call.

4. Calling compliance and consent

You are responsible for compliance with laws applicable to your use of the service, including the CRTC Unsolicited Telecommunications Rules, PIPEDA, Quebec's Law 25, and, when applicable to calls to United States numbers, the Telephone Consumer Protection Act and state laws. You are responsible for meeting the obligations of a telemarketer or client of a telemarketer where those rules apply.

• Hold lawful authority to use all data you connect or upload.
• Obtain the valid prior express consent required for each automated or AI voice call and keep records sufficient to prove it.
• Check and honor applicable do-not-call lists and individual opt-out requests.
• Call only during permitted hours in the recipient's time zone.
• Provide required identification, recording notices, and automated-system or AI disclosures in the recipient's jurisdiction.
• Meet the separate requirements applicable to any SMS, email, or other follow-up communications you configure.

Consent to receive email or general marketing is not, by itself, consent to receive automated or AI voice calls. You must obtain the form of consent required for the communication you initiate.

Compliance features, where available, are tools to assist you. They do not guarantee compliance, constitute legal advice, or transfer responsibility for your calls to us. These terms do not remove our own obligations under applicable law.

5. Acceptable use policy

This acceptable use policy forms part of these terms. A violation is a material breach and may result in suspension or termination.

Consent, opt-outs, and identification

Do not initiate an automated or AI voice call without the prior express consent required by law for that call. Honor applicable do-not-call lists and process opt-outs promptly. Do not call a number after an opt-out unless a valid, documented legal basis permits it.

Do not bypass calling-hour restrictions or disable, obscure, or circumvent required automated-assistant or AI disclosures. Do not spoof, falsify, or unlawfully withhold caller identification. Provide any additional disclosures required for your use.

Prohibited conduct

• Fraud, deception, harassment, threats, or misleading communications.
• Impersonating a person or organization without authorization.
• Delivering unlawful, hateful, or harmful content.
• Calling emergency lines, healthcare facilities, or other restricted numbers in violation of applicable rules.
• Using prohibited random or sequential dialing, or exceeding permitted call-abandonment rates.
• Evading compliance features or using the service in violation of applicable law.
• Connecting data you are not lawfully entitled to use.
• Attempting to breach, probe, or disrupt the service, or access another account's data without authorization.

Enforcement

We may investigate suspected violations, suspend or terminate access, and preserve or disclose records where required by law or necessary to protect the company, users, or the public. Report suspected abuse to sattari@planconversion.com.

6. Fees, billing, and plans

You agree to the price, currency, billing cycle, included features, usage limits, and usage-based charges disclosed for your selected plan. Unless otherwise stated at plan selection, fees are in US dollars, subscription components are charged in advance, and usage components are charged in arrears.

You authorize recurring charges to your payment method until cancellation. Fees already incurred are non-refundable except where required by law. Overdue amounts may result in suspension and may accrue interest only as disclosed and permitted by law.

Unless your selected plan states otherwise, upgrades take effect immediately with prorated charges, and downgrades take effect at the next billing cycle. Third-party services connected through your own accounts may bill you separately under their own terms.

We may change pricing on renewal with at least 30 days' notice. The notice will identify the new pricing and when it takes effect.

7. Suspension and termination

We may suspend or terminate access immediately for breach of these terms or the acceptable use policy, non-payment, compliance with law, or a direction from a regulator, carrier, or other authority. Refunds are not due for fees already incurred except where required by law.

You may cancel at any time. Cancellation stops future renewals and does not refund fees already incurred. Contact support if you need help cancelling.

When your access ends, your right to use the service ends. The return, deletion, and legally required retention of customer data are governed by the data processing agreement below.

8. Intellectual property

We retain all rights in the service. You retain your rights in your own data. You grant us a limited license to process that data solely to provide the service in accordance with your instructions, these terms, and applicable law.

9. Data processing agreement

This data processing agreement forms part of these terms. It governs personal information we process on your behalf. You act as the controller of your customer data; we act as a processor or service provider. Your use and configuration of the service constitute your documented instructions.

Scope and purpose

Processing covers connecting to your data sources and providing the communications, recordings, and workflows you configure. It concerns your contacts, leads, and call recipients, and may include names, phone numbers, email addresses, consent and opt-out status, call metadata, recordings, transcripts, messages, and other information you choose to provide. Do not provide sensitive information beyond what the service is designed to handle.

Our obligations

• Process personal information only on your documented instructions and to provide the service, unless the law requires otherwise. We will inform you of a legal requirement unless prohibited.
• Ensure personnel authorized to process personal information are bound by confidentiality.
• Implement appropriate technical and organizational security measures, including access controls, encryption in transit and, where feasible, at rest, logging, and regular review.
• Provide reasonable assistance with individuals' requests and your security, breach-notification, and privacy-impact-assessment obligations, taking into account the nature of processing.
• Notify you without undue delay, and as soon as reasonably possible, after becoming aware of a confidentiality incident or breach involving your data, with information reasonably needed to meet your notification duties.
• On termination, return or delete personal information as you elect, except where retention is required by law, and delete existing copies within a reasonable period.

Sub-processors

You authorize us to engage sub-processors, such as hosting, telecommunications, and AI voice providers, to provide the service. We will impose substantially similar data-protection obligations on sub-processors and remain responsible for their performance under this agreement. We will maintain a current list available on request and give notice of intended changes so you can object on reasonable grounds.

Processing locations and transfers

Personal information may be stored or processed outside Quebec or Canada. We will disclose relevant processing locations on request and conduct the assessments and apply the protections required by applicable law, including requirements applicable to communicating personal information outside Quebec. Contact sattari@planconversion.com for information about locations and sub-processors.

Individual rights and automated processing

Where you cannot respond through the service itself, we will provide reasonable assistance with access, correction, deletion, de-indexing, portability, and automated-processing requests as applicable. Where processing may constitute automated decision-making or profiling, we will provide information reasonably necessary for your transparency obligations. You remain responsible for decisions you make using the service.

Compliance information and liability

On reasonable notice, no more than once per year absent cause, we will make available information reasonably necessary to demonstrate compliance with this agreement. This may take the form of a summary of security measures or a third-party report. Liability under this agreement is subject to the limitations below, to the extent permitted by law.

10. Warranties and disclaimers

The service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim express and implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free service, or that using the service will make your activities compliant with any law.

11. Limitation of liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill.
• Our total aggregate liability arising out of or relating to the service is limited to the total fees you paid us in the 12 months preceding the event giving rise to the claim.
• We are not liable for regulatory fines, penalties, settlements, or claims arising from your calls, data, consent practices, or non-compliance.

Nothing in these terms excludes liability or limits rights that cannot lawfully be excluded or limited.

12. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from claims, damages, losses, liabilities, penalties, regulatory fines, costs, and expenses, including reasonable legal fees, arising from your data, the communications you initiate, your consent or do-not-call practices, your violation of law, or your breach of these terms or the acceptable use policy.

13. Changes to these terms

We may update these terms. For material changes, we will provide at least 30 days' notice by email or in-product notice and request renewed acceptance where required. Continued use after the effective date constitutes acceptance, subject to applicable law.

14. Governing law and disputes

These terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts of Quebec, subject to any mandatory rights or jurisdiction rules that cannot be waived by agreement.

15. General provisions

If a provision is unenforceable, the remaining provisions stay in effect. These terms, including the acceptable use policy and data processing agreement above, form the entire agreement concerning the service. We may assign these terms; you may not assign them without our consent. Failure to enforce a provision is not a waiver.

Our Privacy Policy explains how we handle personal information relating to account holders and website visitors.

16. Contact us

For questions about these terms, billing, cancellation, or acceptable use: