INTRODUCTION

Welcome to Helpiz, LLC (“Helpiz,” “Fast Response AI,” “we,” “us,” or “our”), a Delaware limited liability company qualified to transact business in California as a foreign LLC and doing business as Fast Response AI. These Terms of Service (“Terms”), together with our Privacy Policy, form a legally binding contract (“Agreement”) between Helpiz, LLC dba Fast Response AI and you (“Client,” “you,” or “your”) governing your access to and use of our Services.

Fast Response AI provides an omnichannel AI + human hybrid response platform that helps businesses capture and respond to inbound and outbound communications across voice calls, text/SMS messaging, and chat, with customer-configurable routing between AI and human handling, and stores related customer data in our Customer Relationship Management (“CRM”) system. The Services are available through our website and through our mobile applications for iOS and Android.

Please read these Terms carefully before using our Services. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

We reserve the right to modify these Terms at any time at our sole discretion. We will notify you of any material changes by posting the updated Terms on our website and/or by sending you an email notification. Please check this page regularly for updates. Your continued use of our Services after any such modifications constitutes your acceptance of the updated Terms.

1. DEFINITIONS

For the purposes of this Agreement:

  • “Client” (“you,” “your”) means the individual, company, or legal entity accessing or using the Service.
  • “Company,” “Fast Response AI” means Helpiz, LLC, a Delaware LLC doing business as Fast Response AI. After this section we primarily refer to the Company as “Fast Response AI.”
  • “Services” means our omnichannel AI + human hybrid response platform, including AI and human-assisted handling of inbound and outbound voice calls, text/SMS messaging, and chat; configurable AI/human routing; phone number provisioning; and CRM data storage, provided by Fast Response AI through our website and Mobile Applications.
  • “Mobile Application” or “App” means the Fast Response AI software application(s) made available for download through the Apple App Store and the Google Play Store.
  • “App Store” means the Apple App Store operated by Apple Inc. (“Apple”) and/or the Google Play Store operated by Google LLC (“Google”), as applicable.
  • “Subscription” means a recurring, auto-renewing paid plan for access to the Services, as described in Section 6.
  • “User Account” means a unique account created for you to access our Services.
  • “Data” means all information, content, and data submitted by you or your users to the Services, including call recordings, voicemails, transcripts, messages, and customer information.
  • “Call Recordings” means any audio recordings of telephone calls processed through our Services.
  • “A2P Messaging” means application-to-person messaging, i.e., text messages sent to recipients through the Services.
  • “Service Provider” means any third party that processes data on behalf of Fast Response AI to facilitate the Services (for example, telephony and messaging carriers).

2. ACCOUNT REGISTRATION AND ELIGIBILITY

2.1 Account Creation

To use our Services, you must create a User Account by providing accurate and complete information. You agree to keep your account information current and to update it promptly if any changes occur.

2.2 Eligibility Requirements

You must be at least 18 years old or the age of majority in your jurisdiction (whichever is higher) and legally capable of forming a binding contract with Fast Response AI to create an account and use our Services. Fast Response AI does not knowingly collect personal information from individuals under the age of 13.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your account. You agree to accept responsibility for all activities that occur under your User Account.

2.4 Account Transfer

You may not assign or transfer your User Account to any other person or entity without the prior written consent of Fast Response AI.

2.5 Unauthorized Access

You agree to notify Fast Response AI immediately if you become aware of any unauthorized access to your account or any other security breach.

2.6 Right to Refuse Service

Fast Response AI reserves the right to refuse service, terminate accounts, or remove content at our sole discretion.

3. SERVICES

3.1 Service Description

Fast Response AI provides an omnichannel AI + human hybrid response platform, which includes:

  • Handling inbound voice calls through AI voice assistants and/or human agents, as configured by you;
  • Making outbound voice calls using AI voice technology;
  • Sending and receiving text/SMS messages and chat communications;
  • Customer-configurable routing that lets you control the mix of AI and human handling;
  • Provisioning of telephone numbers used with the Services; and
  • Storing and managing customer data in our CRM system.

3.2 Service Limitations

Fast Response AI does not guarantee that its Services will be error-free, uninterrupted, or that all issues will be corrected. We make no warranties regarding the results or achievements of the Services provided hereunder.

3.3 Service Level Agreement (SLA)

Fast Response AI will use commercially reasonable efforts to make the Services available with an uptime of 99.5% on a monthly basis, excluding:

  • Scheduled Maintenance: Planned maintenance windows that we will notify you about at least 48 hours in advance.
  • Emergency Maintenance: Unplanned maintenance necessary to address critical security or performance issues.
  • Force Majeure Events: Circumstances beyond our reasonable control, including acts of God, natural disasters, external network or equipment failures, or Internet connectivity issues outside our control.
  • Third-Party Service Outages: Downtime caused by Third-Party Services (as defined in Section 8), including telephony and messaging carriers and App Stores.
  • Customer-caused Outages: Any downtime resulting from your actions or those of your authorized users.

For purposes of this SLA, “downtime” means the Services are completely unavailable and inaccessible to all users. Intermittent issues, slow performance, or partial functionality limitations do not constitute downtime. If we fail to meet the 99.5% monthly uptime commitment, you may request a service credit equal to 5% of your monthly subscription fee for each 0.5% below our uptime commitment, up to a maximum of 30% of your monthly subscription fee. To receive a service credit, you must submit a request within 15 days of the end of the month in which the downtime occurred. Credits will be applied to future invoices and will not be refunded as cash. This SLA represents our sole obligation and your exclusive remedy for any failure to meet our availability commitments.

3.4 High-Risk Usage Restrictions

The Services are not designed, intended, or approved for use in high-risk, emergency, or mission-critical situations where failure could lead to death, personal injury, or significant property or environmental damage. You expressly agree not to use our Services for:

  • Emergency services or 911/emergency dispatch services;
  • Medical advice, diagnoses, or treatment recommendations;
  • Safety-critical applications or systems;
  • Financial trading systems where real-time performance is critical;
  • Critical infrastructure control or monitoring;
  • Navigation or autonomous vehicle control systems; or
  • Any application where failure could create a serious risk to health, safety, or property.

Fast Response AI expressly disclaims all liability for any damages arising from such high-risk use. If you require AI solutions for these purposes, you must seek specialized services designed specifically for high-risk applications.

3.5 Service Modifications

Fast Response AI may modify, suspend, or discontinue any part of the Services from time to time. For material changes that would significantly impact your use of the Services, we will provide at least thirty (30) days’ advance notice via email to your account’s administrative contact and/or by posting a prominent notice on our website. Emergency security patches or changes required by law may be implemented with shorter notice periods. Non-material changes or enhancements may be implemented with or without notice. Your continued use of the Services after the notification period constitutes acceptance of the modified Services.

4. MOBILE APPLICATIONS AND APP STORES

4.1 License to the Mobile Application

Subject to your compliance with these Terms, Fast Response AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Mobile Application on a mobile device that you own or control, solely for your internal business use of the Services and in accordance with the applicable App Store’s usage rules.

4.2 App Store Terms Generally

Your download and use of the Mobile Application is also subject to the terms, conditions, and usage rules of the App Store from which you obtained it. To the extent the terms of an App Store are less restrictive than, or otherwise conflict with, these Terms, the more restrictive or conflicting terms of these Terms apply, except where prohibited by the App Store’s rules.

4.3 Apple App Store — Additional Terms

The following additional terms apply if you obtained the Mobile Application from the Apple App Store. You acknowledge and agree that:

  1. These Terms are concluded between you and Fast Response AI only, and not with Apple, and Apple is not responsible for the Mobile Application or its content.
  2. The license granted to you for the Mobile Application is limited to a non-transferable license to use it on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that it may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where applicable.
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Application. Fast Response AI is solely responsible for providing any such maintenance and support as set out in these Terms or as required under applicable law.
  4. In the event of any failure of the Mobile Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Mobile Application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Mobile Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of Fast Response AI.
  5. Fast Response AI, not Apple, is responsible for addressing any claims by you or any third party relating to the Mobile Application or your possession and/or use of it, including: (a) product liability claims; (b) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
  6. In the event of any third-party claim that the Mobile Application or your possession and use of it infringes that third party’s intellectual property rights, Fast Response AI, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim.
  7. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. You must comply with applicable third-party terms of agreement when using the Mobile Application.
  9. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
  10. Fast Response AI’s contact information for any questions, complaints, or claims with respect to the Mobile Application is set out in Section 19 (Contact Information).

4.4 Google Play Store — Additional Terms

The following additional terms apply if you obtained the Mobile Application from the Google Play Store. You acknowledge and agree that:

  1. These Terms are concluded between you and Fast Response AI only, and not with Google. Google is not a party to these Terms and is not responsible for the Mobile Application or its content.
  2. Your use of the Mobile Application must comply with the then-current Google Play Terms of Service and the Google Play Business and Program Policies.
  3. Google has no obligation whatsoever to furnish any maintenance or support services for the Mobile Application. Fast Response AI is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
  4. Fast Response AI, not Google, is responsible for addressing any claims by you or any third party relating to the Mobile Application, including product liability, legal or regulatory non-conformance, intellectual property infringement, and consumer protection claims.
  5. Google and its subsidiaries are intended third-party beneficiaries of these Terms with respect to the Mobile Application, and may enforce these Terms against you.

4.5 In-App Purchases and Billing Through the App

All Subscriptions, wallet top-ups, and other fees for the Services are sold and billed by Fast Response AI through our third-party payment processor, Stripe, on our website, including where you reach our website through an in-app (Safari or other) browser opened from the Mobile Application. We do not use the Apple in-app purchase system or the Google Play billing system to sign up users or to process any payments. Your Subscription and any other purchase are therefore not in-app purchases, and neither Apple nor Google is a party to, processes, or bears any responsibility for any transaction between you and Fast Response AI. Section 6 governs all fees, billing, auto-renewal, and cancellation.

5. DATA RETENTION, PRIVACY, AND COMMUNICATIONS

5.1 Call Recording Retention

Fast Response AI may retain call recordings for up to one (1) year from the date of recording, after which they may be automatically deleted unless you have made other arrangements with us in writing.

5.2 Data Deletion After Account Cancellation

We may retain your data for thirty (30) days following account cancellation, after which it will be permanently deleted. It remains your responsibility to export or back up any data you wish to retain before this 30-day period expires.

5.3 Phone Number Provisioning and Retention

Telephone numbers provisioned for your account are licensed to you for use with the Services and are not owned by you. We will retain a phone number assigned to your account for no more than forty-five (45) days after termination or cancellation of your account or after your account becomes delinquent, after which we may release the number for reuse and delete associated data. Number portability, where available, is subject to applicable carrier requirements and your request before the number is released.

5.4 Privacy Policy

Your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand how we collect, use, and disclose your information.

5.5 Monitoring and Recording

You acknowledge and consent that Fast Response AI monitors and records calls, voicemails, texts, and other communications for quality assurance, training, and compliance purposes. By using our Services, you consent to this monitoring and recording.

5.6 Communications

By using our Services, you acknowledge and agree to the following regarding communications:

  • Message and Data Rates: When opting in to text, call, or other messaging services as part of our platform, message and data rates may apply based on your mobile or telecom service provider.
  • Communication Frequency: The frequency of communications may vary based on your usage, alerts, and the nature of our Services.
  • Carrier Support: Our communications may be delivered through various carriers, and Fast Response AI is not liable for delayed or undelivered messages due to carrier issues.
  • Opt-Out Instructions: You may opt out of receiving certain communications by following the opt-out instructions in each communication or by contacting support@fastresponse.ai.
  • Call and Message Content: Our AI generates content for calls and messages. While we strive for accuracy and appropriateness, you are responsible for reviewing and approving communication strategies and should regularly monitor communications sent on your behalf.

6. SUBSCRIPTIONS, FEES, AND PAYMENT

6.1 Subscription Plan and What Is Included

The Services are offered on a recurring monthly Subscription. Our standard Subscription is billed at $79 per month and includes, per monthly billing period: 100 AI voice-assistant call minutes, 1,000 text messages, and 1,000 live-calling (human-agent) minutes. Usage beyond the amounts included in your plan is billed as overage at the pay-as-you-go rates set out in Section 6.2. The specific allowances, price, and rates applicable to your account are those displayed at the time of purchase and on your recurring invoices, and control over any general description in these Terms.

6.2 Pay-As-You-Go Wallet (Optional)

As an alternative or supplement to the Subscription, you may add a fixed prepaid amount to an account wallet and be charged on a pay-as-you-go basis as you use the Services. Pay-as-you-go and overage rates are: $0.16 per AI call minute; $0.035 per text message; and $0.035 per minute of live calling. Wallet funds are drawn down as usage is incurred at these rates. We may offer optional automatic wallet top-up, which you can enable or disable in your account settings; if enabled, you authorize us to charge your payment method to replenish your wallet to the level you select when your balance falls below your chosen threshold. Prepaid wallet funds are non-refundable except where required by law, and rates are those displayed at the time of purchase and on your invoices, which control over any general description in these Terms.

6.3 Auto-Renewal

Your Subscription automatically renews at the end of each billing period (monthly, unless otherwise stated at purchase) for a successive period of the same length, at the then-current price, unless you cancel before the end of the current period. By purchasing a Subscription, you authorize Fast Response AI and its payment processor to charge your payment method on a recurring basis for the Subscription fee plus any applicable overage and taxes, until you cancel.

6.4 How to Cancel

Because Subscriptions are billed by Fast Response AI through our website (via Stripe) and not through the Apple App Store or Google Play in-app purchase systems, you cannot cancel your Subscription through your device’s iOS Settings > Subscriptions or through the Google Play subscriptions screen. To cancel, log in to your account and use the billing portal under your account profile at fastresponse.ai, or use the “Manage Subscription” link in the Mobile Application’s “More” tab, which opens our website billing portal. You may cancel at any time before your renewal date. Cancellation stops future renewals; your access continues until the end of the current paid period.

Because we do not offer Apple or Google in-app purchase subscriptions, there is no subscription managed by an App Store to cancel; all subscriptions are billed by us through Stripe and all cancellations are handled through our website as described above.

6.5 Refunds

All fees are non-refundable unless expressly stated otherwise or required by law. Cancellation does not entitle you to a refund of fees already paid for the current billing period.

6.6 Billing Methodology

Fast Response AI offers subscription-based billing with metered overage and an optional prepaid pay-as-you-go wallet (Section 6.2). Complete details on our pricing structure, including subscription allowances, wallet rates, and overage rates, are available on our pricing page. The billing methodology applicable to your account is indicated during sign-up and on your recurring invoices.

6.7 Price Changes

We reserve the right to change our prices upon thirty (30) days’ notice, which may be provided by email or by posting the changes on our website. Price changes take effect at your next renewal following the notice period.

6.8 Missed Payments and Service Suspension

For any missed or late payment, Fast Response AI reserves the right to suspend your access to the Services without prior notice until all outstanding payments are received in full. Upon suspension, AI handling, inbound call processing, outbound calling, messaging, and access to your account and associated data may be deactivated or restricted. Service will be restored once all outstanding payments have been received and processed.

6.9 Non-Payment and Account Termination

If payment remains outstanding for thirty (30) days or more, we reserve the right to terminate your account and delete all associated data in accordance with Sections 5.2 and 5.3. Prior to termination, we will make reasonable attempts to contact you using the contact information associated with your account.

6.10 Taxes

All fees are exclusive of taxes. You are responsible for paying all taxes associated with your use of the Services, except for taxes based on Helpiz’s net income.

6.11 Billing Disputes

If you dispute any charges, you must notify us within thirty (30) days of the date of the disputed charge at support@fastresponse.ai. We will investigate and, if an overcharge is confirmed, reverse any excess charges promptly.

6.12 Chargeback Policy

Chargebacks should only be initiated as a last resort after all attempts to resolve billing issues directly with our support team have been exhausted. By using our Services, you agree to the following:

  • Notice Requirement: Before initiating a chargeback, you must first contact our billing department at support@fastresponse.ai and provide at least five (5) business days for us to investigate and respond.
  • Immediate Service Suspension: Upon notification of a chargeback from our payment processor, Fast Response AI may immediately suspend all Services associated with your account as a protective measure.
  • Chargeback Fees: You agree to reimburse Fast Response AI for any chargeback fees imposed by our payment processor (typically $15–$25 per chargeback), in addition to the original disputed amount, regardless of the outcome of the dispute.
  • Service Reinstatement: Reinstatement requires payment of the original disputed amount and any chargeback fees incurred.
  • Account Termination: We reserve the right to terminate accounts with more than two (2) chargebacks in any twelve (12) month period.
  • Collection of Unpaid Fees: We reserve the right to pursue collection of legitimate unpaid fees through third-party collection agencies or legal proceedings, and you will be responsible for all reasonable collection costs, including collection agency fees, attorney fees, and court costs.

7. CLIENT RESPONSIBILITIES

7.1 Compliance with Laws

You agree to use our Services in compliance with all applicable local, state, national, and international laws, rules, and regulations, including those related to data privacy, telecommunications, telemarketing, international communications, and the transmission of technical or personal data.

7.2 Proper Use

You agree not to use the Services for any unlawful or prohibited purpose. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use of the Services.

7.3 Content Responsibility

You are solely responsible for all content that you input, upload, post, transmit, or otherwise make available through the Services. Fast Response AI does not pre-screen content but reserves the right to refuse or remove any content that violates these Terms or is otherwise objectionable.

7.4 Recording, Monitoring, and AI Disclosure Compliance

You are solely responsible for ensuring compliance with all applicable federal, state, provincial, and local laws regarding call recording, monitoring, AI voice/agent disclosure, and consent in your jurisdiction(s) of operation, including providing appropriate notifications to called and calling parties, obtaining necessary consents, and maintaining required records. Fast Response AI makes no representations or warranties regarding the legal compliance of our Services in your specific jurisdiction(s).

8. MESSAGING (A2P) AND TELEPHONY COMPLIANCE

The Services enable you to send text/SMS and other messages and to place and receive calls. All messaging transmitted via the Services is treated as application-to-person (A2P) messaging and is subject to this Section and to the policies of our underlying carriers and Service Providers. You are responsible for every person to whom you provide the ability to send messages or place calls through your account.

8.1 Consent / Opt-In Requirements

Before sending the first message to, or placing an automated or pre-recorded call to, any recipient, you must obtain that recipient’s prior consent as required by applicable law (including the Telephone Consumer Protection Act (TCPA) and related rules). You must make clear to the recipient the type of messages or calls they are agreeing to receive, and consent is limited to the specific use or campaign to which the recipient consented. You must keep a record of each consent (for example, a signed form or a timestamped record of a sign-up flow).

8.2 Opt-Out Requirements

Your initial message to a recipient must include opt-out instructions such as “Reply STOP to unsubscribe” (or an equivalent standard keyword such as STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT). You must honor opt-out requests promptly; after a recipient opts out, you may send one final confirmation message, and any subsequent messages are prohibited unless the recipient re-consents.

8.3 Sender Identification and Frequency

Every message you send must clearly identify you (the party that obtained the consent) as the sender, except in follow-up messages of an ongoing conversation. You must comply with recipients’ stated preferences regarding frequency of contact.

8.4 Prohibited and Regulated Content

You must comply with all applicable carrier and Service Provider messaging policies and forbidden-content rules. You may not use the Services to send unlawful, fraudulent, deceptive, harassing, or otherwise prohibited messages, or content prohibited by carrier rules (which commonly restrict categories such as illegal substances, hate speech, and certain regulated financial or health content).

8.5 Registration Requirements

Use of A2P messaging may require brand and campaign registration (for example, 10DLC registration in the United States). You agree to provide accurate registration information and acknowledge that messaging may be filtered, throttled, or blocked by carriers if registration is incomplete or inaccurate. Fast Response AI is not liable for messages delayed, filtered, or blocked by carriers or Service Providers.

9. THIRD-PARTY SERVICES

The Services operate on, with, or using application programming interfaces (APIs) and services provided by third parties (“Third-Party Services”), including, for example, telephony and messaging carriers and infrastructure providers, our payment processor, AI/model providers, and the App Stores from which you download the Mobile Application. Fast Response AI is not responsible for the operation, availability, or performance of any Third-Party Service, nor for the availability of the Services to the extent dependent on a Third-Party Service. Your use of any Third-Party Service is governed by that third party’s terms and conditions, and you are responsible for obtaining any rights and complying with any terms necessary to use such Third-Party Services. Fast Response AI makes no representations or warranties with respect to Third-Party Services.

10. BUSINESS VERIFICATION

Fast Response AI reserves the right to request business verification documents from you at any time, which may include identity verification, business-owner verification, and proof of opt-in consent for messaging and data-processing purposes. You acknowledge that compliance with verification requests is essential for using all features of the Services and for maintaining their integrity, security, and regulatory compliance (including carrier registration). If you do not sufficiently comply within a reasonable timeframe in a manner satisfactory to Fast Response AI, we may suspend or terminate your access to the Services.

11. INTELLECTUAL PROPERTY

11.1 Ownership of Services

Fast Response AI owns and retains all right, title, and interest in and to the Services, including all intellectual property rights. Nothing in these Terms grants you any right, title, or interest in the Services, except for the limited license expressly set forth herein.

11.2 License to Use Services

Subject to your compliance with these Terms, Fast Response AI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes.

11.3 Client Data Ownership

You retain all right, title, and interest in and to the data you provide to Fast Response AI through the Services. You grant Fast Response AI a license to use, copy, transmit, store, and back up your data for the purpose of providing the Services and as otherwise permitted by our Privacy Policy.

11.4 AI Training and Model Improvement Rights

You grant Fast Response AI the right to use the content, data, call recordings, transcripts, messages, and interactions processed through our Services in anonymized and aggregated form to train, tune, and improve our AI models and machine-learning algorithms. This includes:

  • Anonymization: Prior to using any data for training, we will remove personally identifiable information, business identifiers, and other sensitive information that could reasonably be used to identify individuals or specific businesses.
  • Allowed Uses: Improving the accuracy and effectiveness of the Services; developing new capabilities and features; analyzing usage patterns; and training natural-language and voice-recognition systems.
  • Prohibited Uses: We will not use your data to replicate or simulate your specific business operations, to target advertising to you or your customers, or to develop competing products specifically targeted at your industry segment.
  • Opt-Out Option: Enterprise clients with specific legal or regulatory requirements may request to opt out of having their data used for training by contacting support@fastresponse.ai. Opting out may affect the rate at which your AI improves and adapts to your use case.

This grant of rights to use anonymized data for training and improvement survives termination of this Agreement.

11.5 Client-Specific AI Training Material

Any conversations, scripts, or other material you provide specifically for training or customizing the Services for your use (“Training Material”) remains your intellectual property. You grant Fast Response AI a license to use this material to configure, improve, and maintain your Services.

11.6 Residual Knowledge

Notwithstanding anything to the contrary, Fast Response AI may use and employ its general skills, know-how, and expertise, and any generalized ideas, concepts, know-how, methods, techniques, or skills gained during the course of providing the Services, subject to its obligations respecting your Confidential Information.

11.7 Feedback

If you provide feedback or suggestions regarding the Services, Fast Response AI may use such feedback without restriction and without obligation to you.

11.8 Restrictions

You may not:

  • Modify, copy, or create derivative works based on the Services;
  • Reverse engineer, decompile, or disassemble the Services;
  • Remove, alter, or obscure any proprietary notices on the Services;
  • Sell, rent, lease, or sublicense the Services; or
  • Use the Services to develop a competing product or service.

12. CONFIDENTIALITY

12.1 Confidential Information

“Confidential Information” means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

12.2 Protection of Confidential Information

Each party agrees to: (a) protect the confidentiality of the other party’s Confidential Information using the same degree of care it uses to protect its own, but no less than reasonable care; (b) not use the other party’s Confidential Information except as necessary to perform its obligations under this Agreement; and (c) not disclose the other party’s Confidential Information to any third party without prior written consent, except as permitted by this Agreement.

12.3 Exceptions

The obligations above do not apply to information that is or becomes publicly available through no fault of the receiving party; was known to the receiving party before receipt; is rightfully received from a third party without a duty of confidentiality; is independently developed without use of the disclosing party’s Confidential Information; or is required to be disclosed by law, provided the receiving party gives prompt notice and cooperates with efforts to contest or limit disclosure.

13. TERM AND TERMINATION

13.1 Term

This Agreement begins on the date you first accept these Terms and continues until terminated as described in this Agreement.

13.2 Termination by Client

You may terminate this Agreement at any time by cancelling your Subscription in accordance with Section 6.4 and discontinuing use of the Services. You will remain liable for all fees incurred up to the date of termination.

13.3 Termination by Fast Response AI

Fast Response AI may terminate this Agreement: (a) at any time for any reason upon thirty (30) days’ written notice to you; (b) immediately if you breach any provision of these Terms and fail to cure within fourteen (14) days of notice; or (c) immediately if you become insolvent, file for bankruptcy, or make an assignment for the benefit of creditors.

13.4 Effect of Termination

Upon termination: your right to access and use the Services will immediately cease; Fast Response AI will delete your data in accordance with Sections 5.2 and 5.3; any unpaid fees become immediately due and payable; and Sections 5.3, 8, 11, 12, 14, 15, 16, 17, and 18 will survive termination.

14. CALL RECORDING AND COMPLIANCE

14.1 Platform Recording Features

Fast Response AI provides configurable call recording and disclosure features (“Recording Features”), including automated call recording, configurable disclosure messages that can be enabled as the AI agent’s first message, options to customize disclosure language, and settings to require affirmative consent before proceeding.

14.2 Client Responsibility for Recording Compliance

You acknowledge and agree that: (a) you are solely responsible for ensuring all calls processed through the Services comply with all applicable laws regarding call recording, monitoring, and consent, whether inbound or outbound; (b) you have complete control over whether to enable or disable the Recording Features’ disclosure functionality, and disabling or modifying these settings constitutes acceptance of all associated legal risk; (c) several states—including California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington—require consent from all parties to a call before recording; and (d) recording calls without proper consent may result in civil liability, criminal penalties, or both.

14.3 Recommended Disclosure Practices

Fast Response AI strongly recommends that you keep call-recording disclosures enabled at all times; use disclosure language that clearly states that the call is being recorded, the purpose of the recording, and that continuing the call constitutes consent; obtain affirmative consent before proceeding with substantive portions of calls; and maintain records of when disclosures were made and consent was obtained.

14.4 No Legal Advice

Fast Response AI does not provide legal advice regarding call-recording laws. The availability of Recording Features does not constitute a representation that their use will ensure legal compliance in any jurisdiction. Any educational resources we provide are for informational purposes only and do not constitute legal advice.

14.5 Indemnification for Recording Violations

You shall defend, indemnify, and hold harmless Fast Response AI, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney’s fees) arising from or relating to your use or misuse of the Recording Features, your failure to comply with applicable call-recording laws, or any allegation that your use of the Services violated any law regarding call recording, monitoring, or consent.

14.6 Right to Suspend

Fast Response AI reserves the right to suspend or terminate your access if we reasonably believe you are using the Services in violation of applicable call-recording laws. The obligations in this Section survive termination.

15. WARRANTIES AND DISCLAIMERS

15.1 Limited Warranty

Fast Response AI warrants that the Services will be performed in a manner consistent with generally accepted industry standards.

15.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 15.1, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. FAST RESPONSE AI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FAST RESPONSE AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT THE DATA YOU PROVIDE WILL BE SECURE OR NOT LOST OR DAMAGED.

15.3 No Guarantee of Results

Fast Response AI does not guarantee that use of the Services will generate any specific results or achieve your intended objectives. Effectiveness may vary based on numerous factors outside our control, including your business type, customer base, call and message volume, and how you configure and use the Services.

16. LIMITATION OF LIABILITY

16.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FAST RESPONSE AI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF FAST RESPONSE AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAST RESPONSE AI’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO FAST RESPONSE AI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

16.3 Essential Purpose

The limitations in this Section 16 will apply even if any limited remedy fails of its essential purpose.

17. INDEMNIFICATION

17.1 Client Indemnification

You agree to indemnify, defend, and hold harmless Fast Response AI, its officers, directors, employees, agents, and third parties from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from: your use of the Services; your violation of these Terms; your violation of any rights of a third party; your violation of any applicable laws, rules, or regulations (including TCPA, telemarketing, and call-recording laws); and any content or data you provide through the Services.

17.2 Fast Response AI Indemnification

Fast Response AI agrees to indemnify, defend, and hold you harmless from any third-party claim alleging that the Services, when used as authorized under this Agreement, infringe a U.S. patent, copyright, or trademark. This does not apply to claims arising from your modification of the Services, your combination of the Services with products or services not provided by Fast Response AI, or your continued use after we have notified you to discontinue use due to an infringement claim.

17.3 Indemnification Procedure

The indemnifying party’s obligations are contingent upon the indemnified party promptly notifying the indemnifying party in writing of the claim, giving the indemnifying party sole control of the defense and settlement, and providing reasonable assistance at the indemnifying party’s expense.

18. DISPUTE RESOLUTION

18.1 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including any question regarding its existence, validity, or termination, shall be resolved by final and binding arbitration in accordance with the Federal Arbitration Act.

18.2 Arbitration Procedures

The arbitration will be conducted by a single neutral arbitrator selected by mutual agreement or, failing that, by the American Arbitration Association. The arbitration will take place in Delaware, unless otherwise agreed by the parties.

18.3 Class Action Waiver

YOU AND FAST RESPONSE AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

18.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights in any court of competent jurisdiction.

19. DATA PROTECTION AND PRIVACY COMPLIANCE

19.1 Applicable Privacy Laws

The Services are intended for businesses in the United States. Fast Response AI is committed to complying with applicable U.S. state privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, and the Utah Consumer Privacy Act, as applicable.

19.2 Roles of the Parties

With respect to Personal Information processed on your behalf through the Services (for example, data about your own customers and contacts), you act as the business/controller and Fast Response AI acts as a service provider/processor that processes such Personal Information solely to provide the Services and on your instructions. You are responsible for providing required privacy notices to, and obtaining any required consents from, your customers and contacts.

19.3 CCPA/CPRA

For California residents, the categories of personal information we collect and process are detailed in our Privacy Policy. Fast Response AI does not sell personal information for money and does not sell or share mobile phone numbers or messaging opt-in data for third-party marketing. We respect California residents’ rights to know, access, delete, correct, opt out of sale/sharing, and limit the use of sensitive personal information, as described in our Privacy Policy.

19.4 Data Processing Addendum

Business customers that require one may request a Data Processing Addendum (DPA) by contacting support@fastresponse.ai.

20. GENERAL PROVISIONS

20.1 Governing Law

These Terms and any dispute arising out of or relating to them will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles.

20.2 Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without Fast Response AI’s prior written consent. Fast Response AI may assign these Terms, in whole or in part, without restriction.

20.3 Force Majeure

Neither party will be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemics, or shortages of transportation facilities, fuel, energy, labor, or materials.

20.4 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Fast Response AI. Neither party has the power to bind the other or to create any obligation on behalf of the other.

20.5 Severability

If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect.

20.6 Waiver

No waiver of any provision will be deemed a further or continuing waiver, and failure to assert any right will not constitute a waiver of such right.

20.7 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fast Response AI regarding the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

21. CONTACT INFORMATION

If you have any questions about these Terms, or any complaints or claims with respect to the Mobile Application, please contact us at:

Helpiz, LLC dba Fast Response AI

401 Wilshire Blvd., 12th Floor, PMB 8006, Santa Monica, CA 90401, United States

Email: support@fastresponse.ai   •   Website: fastresponse.ai

22. ACCEPTANCE

By using the Services of Fast Response AI, you agree to these Terms of Service. Your continued use of our Services confirms your ongoing acceptance of these Terms, including any updates or modifications made from time to time. When you create an account or use our Services for the first time, we will present these Terms of Service and Privacy Policy to you. By continuing to use our Services after viewing these documents, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.