Terms of Service - Fast Response AI Answering Service

Last Updated: March 19, 2025

INTRODUCTION

Welcome to Helpiz, LLC (“Helpiz,” “Fast Response AI,” “we,” “us,” or “our”), a Delaware LLC 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 AI voice assistant services.

Fast Response AI provides artificial intelligence voice assistants as a service, which enables clients to manage inbound calls, make outbound calls, and store customer data in our Customer Relationship Management (CRM) system.

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 to these Terms. 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” (referred to as “you,” “your,” or “Client”) means the individual, company, or legal entity accessing or using the Service.
“Company” (referred to as “Helpiz,” “Fast Response AI,” “we,” “us,” or “our”) means Helpiz, LLC, a Delaware LLC doing business as Fast Response AI. For simplicity, after this definitions section, we will primarily refer to the Company as “Fast Response AI” throughout this Agreement.
“Services” means the AI voice assistant services, including inbound call management, outbound calling capability, and CRM data storage provided by Fast Response AI.
“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, and customer information.
“Call Recordings” means any audio recordings of telephone calls processed through our Services.
“Service Provider” means any third-party that processes data on behalf of Fast Response AI to facilitate the Services.

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 artificial intelligence voice assistants as a service, which includes:

Handling inbound calls through AI voice assistants
Making outbound calls using AI voice technology
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 but not limited to acts of God, natural disasters, external network or equipment failures, or Internet connectivity issues outside our control.
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 AI voice assistants 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
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. DATA RETENTION, PRIVACY, AND COMMUNICATIONS

4.1 Call Recording Retention

Fast Response AI will 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.

4.2 Data Deletion After Account Cancellation

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

4.3 Privacy Policy

Your use of Fast Response AI’s 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.

4.4 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.

4.5 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 AI voice assistant system, message and data rates may apply based on your mobile phone 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 types of communications by following the specific opt-out instructions provided in each communication or by contacting our support team at support@fastresponse.ai.
Call and Message Content: Our AI voice assistants generate 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.

5. CLIENT RESPONSIBILITIES

5.1 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, international communications, and the transmission of technical or personal data.

5.2 Proper Use

You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms. 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.

5.3 Content Responsibility

You are solely responsible for all content that you input, upload, post, transmit, or otherwise make available through the Services. You acknowledge that 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.

5.4 Customer Notifications

You are solely responsible for ensuring compliance with all applicable federal, state, provincial, and local laws regarding call recording, monitoring, and AI voice assistant usage in your jurisdiction(s) of operation. This includes, but is not limited to, 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).

6. FEES AND PAYMENT

6.1 Service Fees

You agree to pay all fees associated with the Services as specified on our pricing page or in a separate written agreement. All fees are non-refundable unless expressly stated otherwise or required by law.

6.2 Billing Methodology

Fast Response AI offers both subscription-based and metered usage billing options:

Subscription Plans: These provide a predetermined level of service for a fixed monthly or annual fee.
Metered Usage: These plans bill based on your actual usage of our services, ensuring you only pay for what you use.

Complete details on our pricing structure, including subscription tiers and metered usage rates, are available on our pricing page. The specific billing methodology applicable to your account will be clearly indicated during the sign-up process and on your recurring invoices.

6.3 Billing Cycle and Changes

Fast Response AI will bill you in accordance with the billing terms specified in your plan. We reserve the right to change our prices upon thirty (30) days’ notice. Such notice may be provided by email or by posting the changes on our website.

6.4 Commitment to Fair Billing Practices

Fast Response AI is committed to transparent, fair billing practices. We strive to ensure that all charges accurately reflect your usage of our AI voice assistant services. Our team is dedicated to providing support and resolving any billing issues efficiently to minimize impact on your business.

6.5 Missed Payments and Service Suspension

For any missed or late payment, Fast Response AI reserves the right to immediately suspend your access to the Services without prior notice until all outstanding payments are received in full. Upon suspension:

All AI voice assistant services will be deactivated immediately
Inbound calls will not be processed by our system
Outbound calling capabilities will be disabled
Access to your account and associated data will be restricted

Service will be restored once all outstanding payments have been received and processed.

6.6 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 Section 4.2 of these Terms. Prior to account termination, we will make reasonable attempts to contact you using the contact information associated with your account.

6.7 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.

6.8 Billing Disputes and Chargebacks

If you dispute any charges, you must notify us within thirty (30) days of the date of the disputed charge. If you believe your account has been overcharged, please contact our customer support team immediately at support@fastresponse.ai. We will investigate the discrepancy and, if an overcharge is confirmed, reverse any excess charges promptly.

6.9 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. We view chargebacks as a serious breach of our payment terms that undermines our ability to provide reliable services. By using our Services, you agree to the following regarding chargebacks:

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 to your concerns.
Immediate Service Suspension: Upon receiving notification of a chargeback from our payment processor, Fast Response AI will immediately suspend all Services associated with your account. This includes deactivation of all AI voice assistants, inbound call handling, outbound calling capabilities, and restricted access to your CRM data. This suspension is intended as a protective measure, not a punitive action.
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 chargeback dispute.
Service Reinstatement: Reinstatement of Services following a chargeback will require:
- Payment of the original disputed amount
- Payment of any chargeback fees incurred by Helpiz
Account Termination: Multiple chargebacks may result in the permanent termination of your account and ineligibility for future services. 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 any legitimate unpaid fees through third-party collection agencies or legal proceedings. You will be responsible for all reasonable costs incurred in collecting unpaid fees, including collection agency fees, attorney fees, and court costs.

7. INTELLECTUAL PROPERTY

7.1 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.

7.2 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.

7.3 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.

7.4 AI Training and Model Improvement Rights

You grant Fast Response AI the right to use the content, data, call recordings, transcripts, 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 purposes, we will remove all personally identifiable information, business identifiers, and other sensitive information that could reasonably be used to identify individuals or specific businesses.
Allowed Uses: We may use the anonymized data to:
- Improve the accuracy and effectiveness of our AI voice assistants
- Develop new AI capabilities and features
- Analyze usage patterns to enhance system performance
- Train our natural language processing and voice recognition systems
Prohibited Uses: We will not use your data to:
- Replicate or simulate your specific business operations
- Target advertising to you or your customers
- 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 purposes by contacting support@fastresponse.ai. Opting out may affect the rate at which your AI voice assistants improve and adapt to your specific use case.

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

7.5 Client-Specific AI Training Material

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

7.6 Residual Knowledge

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

7.7 Feedback

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

7.7 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
Use the Services to develop a competing product or service

8. CONFIDENTIALITY

8.1 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.

8.2 Protection of Confidential Information

Each party agrees to:

Protect the confidentiality of the other party’s Confidential Information using the same degree of care it uses to protect its own Confidential Information, but no less than reasonable care
Not use the other party’s Confidential Information except as necessary to perform its obligations under this Agreement
Not disclose the other party’s Confidential Information to any third party without prior written consent, except as permitted by this Agreement

8.3 Exceptions

The obligations in Section 8.2 do not apply to information that:

Is or becomes publicly available through no fault of the receiving party
Was known to the receiving party prior to receipt from the disclosing party
Is rightfully received by the receiving party from a third party without a duty of confidentiality
Is independently developed by the receiving party without use of the disclosing party’s Confidential Information
Is required to be disclosed by law, provided that the receiving party gives the disclosing party prompt notice of such requirement and cooperates with any efforts to contest or limit such disclosure

9. TERM AND TERMINATION

9.1 Term

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

9.2 Termination by Client

You may terminate this Agreement at any time by cancelling your account through the Stripe Billing portal prior to your contract renewal date (monthly or annually, as applicable) and discontinuing use of the Services. You will remain liable for all fees incurred up to the date of termination.

9.3 Termination by Fast Response AI

Fast Response AI may terminate this Agreement:

At any time for any reason upon thirty (30) days’ written notice to you
Immediately if you breach any provision of these Terms and fail to cure such breach within fourteen (14) days of receiving notice of the breach
Immediately if you become insolvent, file for bankruptcy, or make an assignment for the benefit of creditors

9.4 Effect of Termination

Upon termination of this Agreement:

Your right to access and use the Services will immediately cease
Fast Response AI will delete your data in accordance with Section 4.2 of these Terms
Any unpaid fees will become immediately due and payable
Sections 7, 8, 10, 11, 12, 13, and 14 will survive termination

10. CALL RECORDING AND COMPLIANCE

10.1 Platform Recording Features

Fast Response AI provides configurable call recording and disclosure features (“Recording Features”) that enable Clients to record calls and provide appropriate disclosures to called parties. These Recording Features include:

a) Automated call recording functionality b) Configurable disclosure messages that can be enabled at the beginning of calls as the First Message the AI Agent shares c) Options to customize disclosure language d) Settings to require affirmative consent before proceeding with calls

10.2 Client Responsibility for Recording Compliance

Client acknowledges and agrees that:

a) Sole Responsibility: Client is solely responsible for ensuring all calls processed through the Services comply with all applicable federal, state, local, and international laws regarding call recording, monitoring, and consent, regardless of whether such calls are inbound or outbound. b) Disclosure Settings: Client has complete control over whether to enable or disable the Recording Features’ disclosure functionality. Client’s decision to disable or modify these disclosure settings constitutes acceptance of all legal risks associated with such action. c) Two-Party Consent States: Client understands that several states, including but not limited to California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington, require consent from all parties to a call before recording is permitted. d) Legal Consequences: Recording calls without proper consent may result in civil liability, criminal penalties, or both, depending on applicable law.

10.3 Recommended Disclosure Practices

Fast Response AI strongly recommends that Client:

a) Keep call recording disclosures enabled at all times b) Use disclosure language that clearly states:

That the call is being recorded
The purpose of the recording
That continuing the call constitutes consent to recording c) Obtain affirmative consent before proceeding with substantive portions of calls d) Maintain records of when disclosures were made and consent was obtained

10.4 No Legal Advice

Client acknowledges that Fast Response AI does not provide legal advice regarding call recording laws or regulations. The availability of Recording Features does not constitute a representation that use of such features will ensure legal compliance in any particular jurisdiction.

10.5 Educational Resources

Fast Response AI may provide educational resources regarding call recording compliance for informational purposes only. Such resources do not constitute legal advice, and Client is encouraged to consult with qualified legal counsel regarding specific compliance obligations.

10.6 Indemnification for Recording Violations

Client shall defend, indemnify, and hold harmless Fast Response AI, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from or relating to:

a) Client’s use or misuse of the Recording Features b) Client’s failure to comply with applicable laws regarding call recording, monitoring, or consent c) Any allegation that Client’s use of the Services violated any law regarding call recording, monitoring, or consent

10.7 Right to Suspend Service

Fast Response AI reserves the right to suspend or terminate Client’s access to the Services if Fast Response AI reasonably believes Client is using the Services in violation of applicable call recording laws or regulations.

10.8 Survival

The obligations and liabilities of Client under this section shall survive termination of this Agreement.

11. WARRANTIES AND DISCLAIMERS

11.1 Limited Warranty

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

11.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11.1, 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 BUT NOT LIMITED TO 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.

11.3 No Guarantee of Results

Fast Response AI does not guarantee or warrant that the use of our Services will generate any specific results or achieve your intended objectives. The effectiveness of our AI voice assistants may vary based on numerous factors outside of our control. While the goal is to provide AI voice assistant services that can improve your customer communications and operational efficiency, positive outcomes depend on multiple factors including, but not limited to, your business type, customer base, call volume, and how you configure and utilize our services.

12. LIMITATION OF LIABILITY

12.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 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.

12.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 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.

12.3 Essential Purpose

The limitations in this Section 12 will apply even if any limited remedy fails of its essential purpose.

13. INDEMNIFICATION

13.1 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
Any content or data you provide through the Services

13.2 Fast Response AI Indemnification

Fast Response AI agrees to indemnify, defend, and hold you harmless from and against any third-party claim alleging that the Services, when used as authorized under this Agreement, infringe a U.S. patent, copyright, or trademark. This indemnification 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
Your continued use of the Services after Fast Response AI has notified you to discontinue use due to an infringement claim

13.3 Indemnification Procedure

The indemnifying party’s obligations under this Section 13 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 of the claim
Providing reasonable assistance to the indemnifying party, at the indemnifying party’s expense

14. DISPUTE RESOLUTION

14.1 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.

14.2 Arbitration Procedures

The arbitration will be conducted by a single neutral arbitrator selected by mutual agreement or, if that is not possible, by the American Arbitration Association. The arbitration will take place in Delaware, unless otherwise agreed by the parties.

14.3 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. Further, unless both you and Fast Response AI agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

14.4 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.

15. DATA PROTECTION AND PRIVACY COMPLIANCE

15.1 Data Protection Laws

Fast Response AI is committed to complying with applicable data protection laws and regulations, including but not limited to:

The General Data Protection Regulation (GDPR)
The California Consumer Privacy Act (CCPA)
The California Privacy Rights Act (CPRA)
The Virginia Consumer Data Protection Act (VCDPA)
The Colorado Privacy Act (CPA)
The Connecticut Data Privacy Act (CTDPA)
The Utah Consumer Privacy Act (UCPA)

15.2 GDPR Compliance

For users located in the European Economic Area (EEA), Switzerland, or the United Kingdom:

Data Controller and Processor: Fast Response AI acts as a data processor for personal data you provide to us. You remain the data controller for such data and are responsible for ensuring you have appropriate legal bases for collecting and processing personal data.
Data Transfer Mechanisms: Fast Response AI implements appropriate safeguards for cross-border transfers of personal data, including Standard Contractual Clauses approved by the European Commission.
Data Subject Rights: Fast Response AI will assist you in fulfilling data subject requests, including access, rectification, erasure, restriction of processing, data portability, and objection to processing.
Data Protection Impact Assessments: Fast Response AI will provide reasonable assistance with any data protection impact assessments related to your use of our Services.

15.3 CCPA/CPRA Compliance

For California residents:

Categories of Personal Information: The categories of personal information we collect and process are detailed in our Privacy Policy.
Business Purpose: We process personal information for the business purposes described in our Privacy Policy and these Terms.
Sale or Sharing of Personal Information: Fast Response AI does not sell personal information as defined under the CCPA/CPRA. Any sharing of personal information is done solely for the purpose of providing our Services.
California Consumer Rights: We respect and comply with California residents’ rights, including the right to know, delete, correct, and limit the use of sensitive personal information.

15.4 Other US State Privacy Laws

Fast Response AI respects and complies with the rights granted to consumers under various state privacy laws, including but not limited to those in Virginia, Colorado, Connecticut, and Utah. These rights may include the right to access, delete, correct, and opt out of certain processing of personal data.

15.5 International Data Transfers

If you are accessing our Services from outside the United States, you acknowledge that your personal data may be transferred to, stored, and processed in the United States, where our servers are located. We implement appropriate safeguards to protect your information when transferred internationally.

15.6 Data Processing Addendum

Business customers subject to the GDPR, CCPA, or other data protection laws may request a Data Processing Addendum (DPA) by contacting support@fastresponse.ai.

16. GENERAL PROVISIONS

16.1 Governing Law

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

16.2 Assignment

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

16.3 Force Majeure

Neither party will be liable for any delay or failure to perform under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16.4 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 or authority to bind the other or to create any obligation on behalf of the other.

16.5 Severability

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

16.6 Waiver

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

16.7 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, relating to the subject matter hereof.

16.8 Contact Information

If you have any questions about these Terms, please contact us at:

Helpiz, LLC dba Fast Response AI

Email: support@fastresponse.ai

Website: www.fastresponse.ai

17. ACCEPTANCE

By using the services of Fast Response AI, you hereby agree to these Terms of Service. Your continued use of our Services confirms your ongoing acceptance of these Terms, including any updates or modifications that may be 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.