Terms of Service

1. The agreement

These Terms of Service (the "Terms") form a binding agreement between Creston Connect LLC, a company registered in Florida, United States, with its registered office at 999 Ponce De Leon Blvd, Suite 1110, Coral Gables, FL 33134, United States ("Creston Connect", "we"), and the organisation that subscribes to our services ("Customer", "you"). If you accept these Terms, you confirm that you have authority to bind that organisation.

2. The service

We provide a hosted platform that places and answers telephone calls using AI voice agents, together with configuration, integration and reporting tools. The specific plan, included call minutes, integrations and support level are set out in your order form or subscription plan.

We may improve or modify the service over time. We will not materially reduce core functionality during a paid term without giving you at least thirty days' notice and the option to terminate for the unused portion of that term.

3. Accounts and access

• You are responsible for the accuracy of the account information you provide.
• You are responsible for safeguarding credentials and for all activity under your account, and must notify us promptly of any suspected unauthorised access.
• You must be at least eighteen years old and legally capable of entering into contracts.

4. Your compliance obligations

Automated calling is regulated. Because you decide who is called and why, you are the party responsible for the lawfulness of each contact. You agree that:

• you will upload only contacts for whom you hold a documented lawful basis — express written consent or an established business relationship, as required for the call type and jurisdiction;
• you will retain and, on request, produce evidence of that consent within five business days;
• you will not use the service for calls to emergency numbers, for debt collection outside applicable licensing, or for any campaign prohibited by law;
• you will honour opt-out requests we relay to you, and will not re-upload a suppressed contact;
• you will comply with the Telephone Consumer Protection Act, the Telemarketing Sales Rule, applicable state calling laws, the GDPR and UK GDPR where relevant, and all call-recording consent laws in the jurisdictions you call into.

5. Acceptable use

You must not use the service to:

• impersonate a person, government body or organisation, or misrepresent an affiliation;
• instruct the agent to deny that it is AI, or to disable, obscure or shorten the AI disclosure below what our platform requires;
• spoof, mask or falsify calling line identification;
• conduct fraud, phishing, social engineering, or the solicitation of payment card numbers, passwords or government identification numbers;
• harass, threaten or repeatedly call a person who has asked not to be contacted;
• market products or services that are illegal in the recipient's jurisdiction; or
• probe, scan, overload or reverse engineer the platform, or resell access without our written agreement.

We monitor for these behaviours. We may suspend a campaign or an account immediately, without refund, where we reasonably believe this section has been breached.

6. AI disclosure is not configurable

Every call placed or answered by the platform opens by identifying the caller as an AI assistant and naming the business it acts for. This behaviour is enforced by the platform and cannot be removed by configuration or by prompt. Attempting to circumvent it is a material breach of these Terms.

7. Fees, billing and taxes

• Subscription fees are billed monthly in advance. Call minutes beyond your plan allowance are billed per second in arrears at the rate shown in your plan.
• Telephony pass-through costs are itemised at cost on your invoice and are not marked up.
• Invoices are payable within fifteen days. Overdue amounts may accrue interest at 1.5% per month, or the maximum permitted by law if lower.
• Fees are exclusive of taxes; you are responsible for applicable sales, use and value added taxes.
• We may change pricing with at least thirty days' notice, effective from your next renewal.

8. Term, cancellation and refunds

Subscriptions renew monthly unless cancelled. You may cancel at any time before your next renewal date, and the service continues until the end of the paid period. Fees already paid are non-refundable except where required by law or where we have materially failed to provide the service. Either party may terminate immediately for material breach that is not cured within fifteen days of written notice.

On termination you may export your data for thirty days, after which we delete it in accordance with our Privacy Policy.

9. Data protection

Where we process personal data on your behalf we do so as your processor, under the data processing agreement that forms part of this contract, and only on your documented instructions. Our handling of personal data is described in our Privacy Policy. You remain the controller of the contact data you upload and warrant that you are entitled to provide it to us.

10. Intellectual property

We own the platform, its software, models, configuration tooling and documentation. You own your content: your contact data, recordings, transcripts, prompts and business information. You grant us a limited licence to process that content solely to provide and support the service. We do not use your call content to train general-purpose models.

11. Service levels and support

We target 99.9% monthly platform availability, excluding scheduled maintenance announced at least forty-eight hours in advance and events outside our reasonable control. Support is available during the hours stated for your plan. Service credits, where offered, are described in your order form and are your exclusive remedy for availability shortfalls.

12. Disclaimers

We provide the service with reasonable skill and care. Beyond that, and to the maximum extent permitted by law, the service is provided "as is" without implied warranties of merchantability, fitness for a particular purpose or non-infringement. AI voice agents can misunderstand speech and produce incorrect output; you are responsible for reviewing outcomes and for the accuracy of information you configure the agent to provide. We do not provide legal advice, and nothing in the platform is a substitute for your own compliance review.

13. Limitation of liability

Neither party is liable for indirect, incidental, special or consequential damages, or for lost profits or revenue. Our total aggregate liability arising out of or relating to this agreement is limited to the fees you paid us in the twelve months preceding the event giving rise to the claim. Nothing here limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot be limited by law.

14. Indemnity

You will defend and indemnify us against third-party claims, fines and penalties arising from your breach of sections 4 or 5 — in particular claims that a call was placed without a lawful basis, or that content you configured was unlawful or misleading.

15. Governing law and disputes

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located there. Before filing, each party agrees to attempt to resolve the dispute in good faith for thirty days following written notice.

16. General

These Terms, together with your order form and data processing agreement, are the entire agreement between us. If a provision is held unenforceable, the rest remains in effect. Neither party may assign this agreement without the other's consent, except as part of a merger or sale of substantially all assets. Our failure to enforce a provision is not a waiver of it. We may update these Terms with thirty days' notice for material changes; continued use after the effective date constitutes acceptance.

17. Contact

Creston Connect LLC
999 Ponce De Leon Blvd, Suite 1110, Coral Gables, FL 33134, United States
Email: jajuanrandle071@gmail.com