Terms of Service

Talkstead provides a managed AI receptionist that answers inbound phone calls on your behalf, qualifies callers, books or routes appointments, and delivers a summary back to you by SMS or email. We configure the service around your business — your services, service area, intake questions, schedule, and escalation rules — and we operate it on your behalf.

We may add, change, or remove features over time. We will not materially reduce core functionality of a paid plan during your subscription term without notice.

You must be at least 18 years old and authorized to bind the business you represent. You agree to provide accurate information during setup and to keep it current. You are responsible for all activity that occurs under your account and for the security of any credentials we issue you.

• Subscription fees, included minutes, and any usage-based charges are described in the plan you select or in your order form.
• Fees are billed in advance on a recurring basis and are non-refundable except as required by law.
• Usage above your included allotment is billed at the overage rate stated in your plan.
• You can cancel at any time; cancellation takes effect at the end of the then-current billing period.
• We may suspend or terminate service for non-payment after a reasonable cure period.
• Taxes are your responsibility unless we are legally required to collect them.

You are responsible for the legal use of the service, including:

• Telephone consumer laws. Compliance with the Telephone Consumer Protection Act (TCPA), state two-party-consent and call-recording laws, do-not-call lists, and any similar rules in jurisdictions where you operate.
• SMS messaging. Obtaining and maintaining valid consent before sending SMS, providing clear opt-out instructions, and honoring opt-outs promptly.
• Caller disclosure. Disclosing that calls are answered by an AI agent when required by law and providing a clear path to reach a human when callers ask.
• Accurate setup information. Providing accurate business information, service area, hours, intake questions, escalation rules, and forwarding numbers.
• Regulated industries. Reviewing the service with qualified counsel before using it for any regulated use case — including healthcare, legal advice, financial services, or emergency dispatch — and ensuring you have a human fallback for time-critical situations.

You are also bound by our Acceptable Use Policy, which is incorporated into these Terms.

“Customer Data” means information you provide to us and information collected on your behalf during call handling, including caller phone numbers, call audio, transcripts, and structured intake data. As between you and us, you own Customer Data. You grant us a worldwide, royalty-free license to process Customer Data solely as needed to provide, secure, and support the service, to comply with law, and as described in our Privacy Policy. We do not use the contents of your customer calls to train general-purpose AI models.

You are responsible for the lawfulness of the Customer Data you provide or generate through the service, including obtaining any consents and notices required to share caller information with us.

We retain all right, title, and interest in the Talkstead service, the website, our trademarks, and any improvements we make to the service. No license is granted to you except as expressly set out in these Terms. You retain all right, title, and interest in Customer Data.

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use that feedback to improve the service, without obligation to you.

Each party agrees to protect the other’s non-public information using at least the same care it uses for its own confidential information, and to use it only to perform under these Terms. Confidential information does not include information that is public through no fault of the receiving party, was already known, is independently developed, or is rightfully obtained from a third party.

We will provide the service with reasonable skill and care. Except for that commitment, the service is provided “as is” and “as available.” We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or trade. We do not warrant that the service will be uninterrupted, error-free, or that AI outputs will be accurate, appropriate, or free of bias for every use case. The service is not a substitute for professional advice (medical, legal, financial, or otherwise) and must not be used for emergency dispatch without a human fallback.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility. Our aggregate liability arising out of or relating to these Terms or the service will not exceed the fees you paid to us in the twelve (12) months preceding the event giving rise to the claim. These limitations do not apply to (a) your payment obligations, (b) your indemnification obligations, or (c) liability that cannot be excluded by law.

You will defend, indemnify, and hold harmless Talkstead and Stead Labs, LLC and our affiliates, officers, and employees from and against third-party claims arising out of (a) your use of the service in violation of these Terms or applicable law, (b) Customer Data, or (c) your breach of the Acceptable Use Policy or the customer responsibilities in Section 4.

We will defend you against third-party claims that the service, as provided by us and used in accordance with these Terms, infringes a third party’s intellectual property rights, and we will pay damages finally awarded by a court of competent jurisdiction or agreed to in settlement, subject to standard conditions (prompt notice, sole control of the defense, and your reasonable cooperation).

These Terms begin when you first use the service and continue until terminated. Either party may terminate for material breach if the breach is not cured within thirty (30) days of written notice. We may suspend the service immediately for security reasons, suspected fraud, non-payment after notice, or violations of the Acceptable Use Policy. Upon termination, your access to the service ends and we will, on request, make Customer Data available for export for a reasonable period before deleting it.

We may update these Terms from time to time. If a change is material, we will provide reasonable advance notice by email or through the service. Your continued use after the effective date of the updated Terms constitutes acceptance.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in the State of Florida, and each party consents to the personal jurisdiction of those courts. Nothing in this Section prevents either party from seeking injunctive or equitable relief to protect its intellectual property or confidential information.

• These Terms, together with our Privacy Policy and Acceptable Use Policy, are the entire agreement between you and us regarding the service.
• If any provision is found unenforceable, the rest will remain in effect.
• Our failure to enforce a right is not a waiver.
• You may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of assets.
• Neither party is liable for delays caused by events beyond its reasonable control.
• Notices to us must be sent to the email below; notices to you may be sent to the email associated with your account.

Questions about these Terms can be sent to legal@talkstead.com. Talkstead is operated by Stead Labs, LLC