TERMS OF SERVICE

Transactport iT LLC - Magic AI Receptionist

Last Updated: January 20, 2026 | Effective Date: January 20, 2026

QUICK SUMMARY 📋

These Terms of Service ("Terms") are a legal agreement between you and Transactport iT LLC governing your use of Magic AI Receptionist. By using our service, you agree to these terms.

Key Points:

✓ Professional Service – Magic AI Receptionist provides 24/7 AI-powered call answering and appointment booking

✓ Subscription-Based – Monthly or annual billing with automatic renewal

✓ Your Responsibilities – Provide accurate information, maintain account security, use service lawfully

✓ Our Commitments – 99.9% uptime SLA, professional service delivery, data protection

✓ Cancellation Anytime – Cancel your subscription at any time with 30-day notice

✓ Dispute Resolution – Arbitration agreement with opt-out option (see Section 16)

Questions? Contact us at: [email protected]

Please read these Terms carefully before using our service.

TABLE OF CONTENTS

  1. Agreement to Terms

  2. Changes to Terms

  3. Service Description

  4. Account Registration and Eligibility

  5. Subscription Plans and Billing

  6. Payment Terms and Refunds

  7. Free Trial and Money-Back Guarantee

  8. Service Level Agreement (SLA)

  9. Acceptable Use Policy

  10. Intellectual Property Rights

  11. Your Content and Data

  12. Service Limitations and Restrictions

  13. Third-Party Services and Integrations

  14. Warranties and Disclaimers

  15. Limitation of Liability

  16. Indemnification

  17. Termination and Suspension

  18. Dispute Resolution and Arbitration

  19. Governing Law and Jurisdiction

  20. General Provisions

  21. Contact Information

1. AGREEMENT TO TERMS

1.1 Binding Agreement

By accessing or using Magic AI Receptionist (the "Service"), you agree to be bound by these Terms of Service, our Privacy Policy, and all applicable laws and regulations.

If you do not agree to these Terms, you may not use the Service.

1.2 Who May Use the Service

You represent and warrant that:

  • You are at least 18 years old (or the age of majority in your jurisdiction)

  • You have the legal authority to enter into this agreement

  • You are not barred from using the Service under applicable law

  • You will comply with these Terms and all applicable laws

1.3 Business Use

Magic AI Receptionist is intended for business use only. By using the Service:

  • You represent that you are using it for a legitimate business purpose

  • You understand the Service handles customer calls on behalf of your business

  • You are responsible for ensuring compliance with laws applicable to your business

1.4 Acceptance

You accept these Terms by:

  • Creating an account

  • Accessing or using the Service

  • Clicking "I Agree" or similar button

  • Continuing to use the Service after notification of changes

2. CHANGES TO TERMS

2.1 Right to Modify

We reserve the right to modify these Terms at any time at our sole discretion.

2.2 Notification of Changes

For Material Changes:

  • Email notification at least 30 days in advance

  • Prominent notice on our website and in your account dashboard

  • Updated "Last Updated" date at the top of these Terms

For Minor Changes:

  • Updated "Last Updated" date

  • Notice on website or in-app

2.3 Your Options

If you do not agree to the modified Terms:

  • You may cancel your subscription before the changes take effect

  • Continued use after the effective date constitutes acceptance

  • For material changes, we may require affirmative acceptance

2.4 Review Regularly

You are responsible for reviewing these Terms periodically. We will provide notice of material changes, but you should check for updates regularly.

3. SERVICE DESCRIPTION

3.1 What We Provide

Magic AI Receptionist is a 24/7 AI-powered call answering and business communication service that:

Call Handling:

  • Answers incoming calls to your business phone number

  • Provides natural, conversational AI voice interactions

  • Handles common customer inquiries and questions

  • Routes calls according to your preferences

  • Takes messages when needed

Appointment Scheduling:

  • Books appointments directly on your calendar

  • Checks availability in real-time

  • Sends confirmation messages to customers

  • Handles appointment modifications and cancellations

  • Sends appointment reminders

Lead Capture:

  • Captures customer contact information

  • Qualifies leads based on your criteria

  • Records inquiry details and notes

  • Integrates with your CRM system

  • Provides lead notifications

Reporting and Analytics:

  • Call transcripts and recordings

  • Performance metrics and analytics

  • Call volume and pattern reports

  • Conversion tracking

  • Integration with business tools

3.2 Service Availability

24/7/365 Operation:

  • The Service operates continuously, 24 hours a day, 7 days a week, 365 days a year

  • Subject to scheduled maintenance (with advance notice)

  • Subject to our Service Level Agreement (Section 8)

3.3 Service Customization

You can customize:

  • Business hours and schedule

  • Services offered and pricing

  • Call handling rules and preferences

  • Conversation scripts and flows

  • Appointment types and duration

  • CRM and calendar integrations

3.4 What We Do Not Provide

The Service does NOT include:

  • Legal advice or representation

  • Medical advice or diagnosis

  • Emergency services (call 911 for emergencies)

  • Human receptionist services

  • Outbound calling or telemarketing

  • Recording of calls you place (only incoming calls to your business)

4. ACCOUNT REGISTRATION AND ELIGIBILITY

4.1 Account Creation

To use the Service, you must:

Register an Account:

  • Provide accurate and complete information

  • Create a secure password

  • Verify your email address

  • Agree to these Terms and our Privacy Policy

Required Information:

  • Full name

  • Email address

  • Phone number

  • Business name and type

  • Billing information

4.2 Account Eligibility

You are NOT eligible if you:

  • Are under 18 years old

  • Have been previously banned from the Service

  • Are using the Service for illegal purposes

  • Provide false or misleading information

  • Are a competitor seeking to copy our service

4.3 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials

  • All activities that occur under your account

  • Notifying us immediately of any unauthorized access

  • Using a strong, unique password

  • Enabling two-factor authentication (if available)

We are NOT liable for:

  • Losses due to unauthorized use of your account

  • Breaches caused by your failure to secure your account

4.4 Account Information Accuracy

You must:

  • Provide accurate, current, and complete information

  • Update information promptly when it changes

  • Not impersonate any person or entity

  • Not use false or misleading business information

We may:

  • Verify your information at any time

  • Suspend or terminate accounts with false information

  • Request additional verification documents

4.5 Business Verification

For certain features or higher plan tiers, we may require:

  • Business registration documents

  • Tax identification number

  • Proof of business address

  • Professional licenses (for certain industries)

  • Additional identity verification

5. SUBSCRIPTION PLANS AND BILLING

5.1 Subscription Plans

We offer multiple subscription tiers:

Starter Plan:

  • calls per month included

  • Basic features

  • Email support

  • Monthly billing

Professional Plan:

  • [Y] calls per month included

  • Advanced features

  • Priority support

  • CRM integrations

  • Monthly or annual billing

Enterprise Plan:

  • Unlimited calls

  • All features

  • Dedicated support

  • Custom integrations

  • API access

  • Annual billing with custom terms

Current pricing and features: See www.transactportit.com/pricing

5.2 Billing Cycle

Monthly Plans:

  • Billed on the same day each month

  • Based on your initial subscription date

  • Charges appear 1-2 business days before renewal

Annual Plans:

  • Billed once per year

  • Typically includes 2 months free (20% discount)

  • Charged on anniversary of subscription

5.3 Automatic Renewal

Your subscription automatically renews unless you cancel before the renewal date.

Renewal Process:

  • We will charge your payment method on file

  • You will receive a receipt via email

  • Service continues without interruption

  • You can cancel anytime before renewal

Renewal Notifications:

  • We send reminder emails 7 days before renewal

  • Final notification 24 hours before charge

  • Update payment method anytime in account settings

5.4 Price Changes

We reserve the right to change prices with the following conditions:

For New Subscribers:

  • Changes take effect immediately

  • Posted pricing applies at time of signup

For Existing Subscribers:

  • 30 days advance notice via email

  • Current pricing guaranteed until next renewal

  • Option to cancel before increase takes effect

  • Locked-in pricing for annual subscribers until renewal

5.5 Overage Charges

If you exceed your plan's included minutes/calls:

Monthly Overage Rates:

  • Starter Plan: $[X] per additional minute

  • Professional Plan: $[Y] per additional minute

  • Enterprise Plan: No overages (unlimited)

Overage Billing:

  • Charged at the end of your billing cycle

  • Itemized on your invoice

  • Based on actual usage above plan limits

Upgrade Anytime:

  • Avoid overages by upgrading your plan

  • Prorated billing for mid-cycle upgrades

  • Takes effect immediately

5.6 Taxes and Fees

You are responsible for:

  • All applicable sales tax, VAT, GST, or similar taxes

  • Any bank fees or currency conversion charges

  • Telecommunications taxes (if applicable in your jurisdiction)

We will collect:

  • Taxes as required by law in your jurisdiction

  • Itemized on your invoice

  • Remitted to appropriate tax authorities

6. PAYMENT TERMS AND REFUNDS

6.1 Payment Methods

Accepted Payment Methods:

  • Credit cards (Visa, Mastercard, American Express, Discover)

  • Debit cards

  • PayPal

  • ACH/Bank transfer (for annual Enterprise plans)

Payment Processing:

  • Processed securely through Stripe or PayPal

  • We do not store your full credit card number

  • Payment information encrypted and PCI-DSS compliant

6.2 Failed Payments

If your payment fails:

First Attempt: We automatically retry after 3 days

Second Attempt: We retry after 5 additional days

Third Attempt: We retry after 7 additional days

Email Notifications: We email you after each failed attempt

Account Suspension: After 3 failed attempts, your account may be suspended

Reactivation: Update payment method and contact support to reactivate

6.3 Chargebacks and Disputes

Before disputing a charge:

  • Contact us at [email protected]

  • We will work to resolve any billing issues

  • Most issues can be resolved quickly

If you file a chargeback:

  • Your account will be immediately suspended

  • We may terminate your account

  • You may be liable for chargeback fees ($25-$100)

  • We may pursue legal action for fraudulent chargebacks

6.4 Refund Policy

30-Day Money-Back Guarantee:

For first-time subscribers:

  • Request a full refund within 30 days of initial purchase

  • No questions asked

  • Applies to first month/year only

  • Does not apply to renewals

Prorated Refunds:

For annual plans:

  • If you cancel mid-year, we may provide prorated refunds at our discretion

  • Monthly plans are non-refundable after the trial period

  • Refund processing time: 5-10 business days

Non-Refundable:

  • Overage charges

  • Add-on services

  • Setup fees (if applicable)

  • Monthly subscriptions after 30 days

How to Request a Refund:

Email: [email protected] Subject: "Refund Request - [Your Account Email]" Include: Reason for refund, account details

6.5 Invoices and Receipts

We provide:

  • Email receipt immediately after each charge

  • Detailed invoices available in your account dashboard

  • Annual tax summaries (for tax reporting)

  • Custom invoices for Enterprise clients (upon request)

7. FREE TRIAL AND MONEY-BACK GUARANTEE

7.1 Free Trial Period

We may offer a free trial (typically 14 days) with the following terms:

During Trial:

  • Full access to your selected plan features

  • Limited to [X] calls or minutes

  • No credit card required OR credit card required (we'll specify)

  • No charges until trial ends

Trial Limitations:

  • One trial per business/person

  • We may require verification to prevent abuse

  • Enterprise features may not be included

  • Some integrations may be limited

Trial Expiration:

  • You will be notified 3 days before trial ends

  • Final notification 24 hours before trial ends

  • If card on file: automatically converts to paid subscription

  • If no card: service access ends

Canceling During Trial:

  • Cancel anytime during the trial period

  • No charges will be made

  • Your data will be retained for 30 days in case you return

7.2 30-Day Money-Back Guarantee

Applies to:

  • First-time paying customers only

  • First month of monthly plans

  • First year of annual plans

  • Does not apply to renewals or returning customers

How It Works:

  • If unsatisfied within 30 days, request full refund

  • Email [email protected] with "Refund Request"

  • Full refund processed within 5-10 business days

  • We may ask for brief feedback (optional)

Exclusions:

  • Does not apply after 30 days from first payment

  • Does not apply to overage charges or add-ons

  • Limit one refund per business/person

8. SERVICE LEVEL AGREEMENT (SLA)

8.1 Uptime Commitment

We commit to 99.9% uptime (excluding scheduled maintenance).

This means:

  • Maximum downtime of 43.2 minutes per month

  • 8.76 hours per year

  • Calculated monthly based on service availability

8.2 Scheduled Maintenance

We may perform scheduled maintenance:

  • Typically during off-peak hours (2:00 AM - 6:00 AM EST)

  • With at least 48 hours advance notice

  • Estimated duration provided

  • Does not count against uptime SLA

Emergency Maintenance:

  • May occur without advance notice for security or critical issues

  • We will notify you as soon as possible

  • Kept to minimum duration necessary

8.3 Uptime Measurement

Uptime is measured by:

  • Ability to receive and process incoming calls

  • Functionality of core service features

  • Availability of account dashboard

Excludes:

  • Issues caused by your internet connection

  • Third-party service failures (your CRM, calendar, etc.)

  • User error or misconfiguration

  • Force majeure events (natural disasters, war, etc.)

  • Scheduled maintenance

8.4 Service Credits

If we fail to meet 99.9% uptime:

99.0% - 99.9% uptime: 10% service credit 95.0% - 98.9% uptime: 25% service credit Below 95.0% uptime: 50% service credit

Service Credit Terms:

  • Applied to your next monthly bill

  • Maximum credit of 50% per month

  • You must request credit within 30 days of incident

  • Credits are your sole remedy for downtime

How to Request Service Credit:

Email: [email protected] Subject: "SLA Credit Request - [Date of Downtime]" Include: Affected dates/times, impact description

8.5 Performance Standards

We strive for:

  • Call answer time under 3 seconds

  • Transcription accuracy above 95%

  • Calendar synchronization within 30 seconds

  • Dashboard response time under 2 seconds

These are goals, not guarantees. Performance may vary based on call volume, complexity, and other factors.

9. ACCEPTABLE USE POLICY

9.1 Permitted Uses

You may use the Service to:

  • Handle legitimate business calls

  • Schedule appointments for your business

  • Capture leads and customer information

  • Provide customer service and support

  • Answer common business inquiries

  • Integrate with your business tools and systems

9.2 Prohibited Uses

You may NOT use the Service to:

Illegal Activities:

  • Violate any local, state, national, or international law

  • Facilitate illegal activities or transactions

  • Infringe on intellectual property rights

  • Engage in fraud or misrepresentation

Harmful Content:

  • Transmit harassing, abusive, or threatening content

  • Promote violence, discrimination, or hatred

  • Share sexually explicit or pornographic material

  • Exploit or harm minors in any way

Spam and Abuse:

  • Send unsolicited commercial messages (spam)

  • Conduct telemarketing campaigns

  • Make unauthorized outbound calls

  • Harvest or collect user information without consent

Service Abuse:

  • Attempt to reverse engineer the Service

  • Use automated scripts to overwhelm the system

  • Resell or redistribute the Service without authorization

  • Share your account with unauthorized users

  • Create multiple accounts to circumvent limitations

Misrepresentation:

  • Impersonate any person or entity

  • Falsely represent your business or services

  • Use misleading or deceptive business information

  • Make false claims about the Service

Competitive Use:

  • Use the Service to build a competing product

  • Benchmark the Service for competitive purposes without written permission

  • Copy features, designs, or functionality

9.3 Industry-Specific Restrictions

Prohibited Industries:

We do not permit use for:

  • Adult entertainment services

  • Gambling or gaming services

  • Cryptocurrency schemes or MLMs

  • Illegal drug sales or paraphernalia

  • Weapons or explosives

  • Counterfeit goods

  • Hate groups or extremist organizations

Regulated Industries:

Special requirements for:

  • Healthcare providers (HIPAA compliance required)

  • Financial services (additional verification needed)

  • Legal services (attorney verification may be required)

  • Debt collection (must comply with FDCPA)

9.4 Monitoring and Enforcement

We reserve the right to:

  • Monitor usage for compliance with these Terms

  • Review call recordings and transcripts

  • Investigate suspected violations

  • Suspend or terminate accounts violating these Terms

  • Report illegal activity to law enforcement

  • Preserve evidence of violations

We are NOT obligated to:

  • Monitor all usage or content

  • Screen users before granting access

  • Review content before it is transmitted

9.5 Consequences of Violation

If you violate these Terms, we may:

  • Issue a warning

  • Temporarily suspend your account

  • Permanently terminate your account

  • Refuse to provide refunds

  • Report violations to authorities

  • Pursue legal action for damages

  • Ban you from future use of the Service

Immediate Termination for:

  • Illegal activities

  • Fraud or misrepresentation

  • Repeated violations after warning

  • Severe abuse of the Service

  • Chargebacks or payment fraud

10. INTELLECTUAL PROPERTY RIGHTS

10.1 Our Intellectual Property

We own all rights to:

  • The Magic AI Receptionist service and platform

  • Software code, algorithms, and architecture

  • AI models and training data

  • Trademarks, logos, and brand elements

  • Website content and designs

  • Documentation and training materials

  • Patent applications and trade secrets

Protected by:

  • Copyright law

  • Trademark law

  • Patent law

  • Trade secret law

  • International intellectual property treaties

10.2 License to Use Service

We grant you a limited, non-exclusive, non-transferable license to:

  • Access and use the Service for your business

  • Use our software and platform during your subscription

  • Display our branding as necessary to use the Service

You may NOT:

  • Copy, modify, or create derivative works

  • Reverse engineer or decompile the software

  • Remove or alter copyright notices

  • Sublicense or resell the Service

  • Use the Service to build a competing product

License Termination:

  • License ends immediately when subscription ends

  • You must stop using the Service

  • You may not retain copies of our software

10.3 Trademarks

Our Trademarks:

  • "Magic AI Receptionist"

  • "Transactport iT" and variations

  • Our logos and brand elements

You may NOT:

  • Use our trademarks without written permission

  • Create confusion with our brand

  • Imply endorsement or partnership without authorization

  • Register similar trademarks

Authorized Use:

  • You may state that you use Magic AI Receptionist

  • You may display our badge if provided

  • Must follow our brand guidelines if provided

10.4 Feedback and Suggestions

If you provide feedback, ideas, or suggestions:

  • You grant us unlimited rights to use them

  • No compensation is owed to you

  • We may incorporate them into the Service

  • You waive any claims to ownership

This includes:

  • Feature requests

  • Bug reports

  • Improvement suggestions

  • User interface feedback

  • Any other input or ideas

10.5 Copyright Infringement Claims

If you believe content on our Service infringes your copyright:

DMCA Notice to: Email: [email protected] Subject: "Copyright Infringement Claim"

Must include:

  • Your contact information

  • Description of copyrighted work

  • Location of infringing material

  • Good faith statement

  • Statement of accuracy under penalty of perjury

  • Physical or electronic signature

We will:

  • Remove or disable access to infringing material

  • Notify the user who posted it

  • Terminate repeat infringers

11. YOUR CONTENT AND DATA

11.1 Ownership of Your Data

You retain all ownership rights to:

  • Your business information

  • Call recordings involving your customers

  • Customer contact information and leads

  • Appointment data and calendar information

  • Any content you upload or create

We do NOT claim ownership of your data.

11.2 License You Grant Us

By using the Service, you grant us a license to:

  • Process your data to provide the Service

  • Store call recordings and transcripts

  • Use data to improve AI models (anonymized)

  • Display your information in your account dashboard

  • Share data with third-party integrations you enable

This license is:

  • Worldwide

  • Non-exclusive

  • For the duration of your subscription

  • Limited to providing and improving the Service

11.3 Data Processing

We act as a "data processor" for your customer data:

  • You are the "data controller"

  • You determine what data is collected

  • You are responsible for privacy compliance

  • We process data according to your instructions

  • See our Privacy Policy for details

For healthcare providers:

  • We serve as your Business Associate under HIPAA

  • Requires execution of Business Associate Agreement (BAA)

  • Additional security and privacy measures apply

11.4 Data Security

We implement security measures including:

  • Encryption at rest (AES-256) and in transit (TLS 1.2+)

  • Access controls and authentication

  • Regular security audits

  • Employee training and background checks

  • Incident response procedures

See Section 7 of our Privacy Policy for complete details.

11.5 Data Retention

While your account is active:

  • All data is retained and accessible

  • You can download your data at any time

After account cancellation:

  • Data retained for 90 days

  • Available for download during this period

  • Automatically deleted after 90 days

  • Some data retained longer for legal compliance

Exceptions:

  • Anonymized, aggregate data may be retained indefinitely

  • Data required for legal, tax, or accounting purposes

  • Backup systems may retain data for additional 90 days

11.6 Data Export

You may export your data at any time:

Available Formats:

  • CSV for contact lists

  • JSON for structured data

  • Audio files for call recordings

  • PDF for transcripts

How to Export:

  • Use export function in account dashboard

  • Contact support for bulk exports

  • API access available for Enterprise plans

After Export:

  • You are responsible for data security

  • We are not liable for your use of exported data

11.7 Data Deletion

You may request deletion of your data:

Process:

  • Email [email protected] with "Data Deletion Request"

  • We will delete data within 30 days

  • Confirmation email sent when complete

Exceptions to deletion:

  • Data required for legal compliance (retained as required)

  • Aggregate, anonymized data (cannot identify you)

  • Backup systems (deleted within 90 days)

12. SERVICE LIMITATIONS AND RESTRICTIONS

12.1 Call Quality and Accuracy

The Service uses AI technology which:

  • May not achieve 100% accuracy

  • Can misunderstand accents, background noise, or unclear speech

  • May occasionally route calls incorrectly

  • Could fail to capture all information

You acknowledge:

  • AI technology has inherent limitations

  • Human error may occur in call handling

  • We strive for high quality but cannot guarantee perfection

  • You should monitor calls and verify critical information

12.2 Emergency Services

Magic AI Receptionist is NOT for emergencies:

  • Cannot place 911 or emergency calls

  • Not suitable for life-threatening situations

  • Should not be relied upon for emergency communications

Your Responsibility:

  • Inform callers how to reach emergency services

  • Provide alternative emergency contact methods

  • Do not use for time-sensitive critical situations

12.3 Geographic Limitations

Service may not be available in all locations:

  • Optimized for United States and Canada

  • May work in other English-speaking countries

  • Quality may vary by region

  • Some phone number types not supported (satellite, ship-to-shore)

Language Support:

  • Primary language: English

  • Accent recognition: United States, Canadian, British, Australian English

  • Other languages: Contact sales for availability

12.4 Technical Requirements

You must maintain:

  • Reliable internet connection

  • Compatible phone service

  • Compatible web browser (Chrome, Firefox, Safari, Edge - latest 2 versions)

  • Active email address for notifications

We are NOT responsible for:

  • Your internet service failures

  • Your phone carrier issues

  • Compatibility with outdated technology

  • Third-party service disruptions

12.5 Capacity Limits

Fair Use Policy:

  • Plans include specified call minutes/volume

  • Excessive usage may result in throttling or upgrade requirement

  • Overage charges apply beyond plan limits

"Unlimited" Plans:

  • Subject to fair use (no resale or commercial redistribution)

  • Excessive usage beyond normal business use may require upgrade

12.6 Feature Availability

Not all features available on all plans:

  • Some features exclusive to higher tiers

  • New features may roll out gradually

  • Beta features subject to change or removal

  • Geographic feature availability may vary

We may:

  • Add, modify, or remove features with notice

  • Require upgrades for new features

  • Sunset outdated features with 90 days notice

13. THIRD-PARTY SERVICES AND INTEGRATIONS

13.1 Third-Party Integrations

We offer integrations with third-party services:

  • CRM systems (HubSpot, Salesforce, Pipedrive)

  • Calendar applications (Google Calendar, Outlook)

  • Communication tools (Slack, Microsoft Teams)

  • Payment processors (Stripe, PayPal)

  • Other business software

When you enable integrations:

  • You authorize data sharing between services

  • Third-party terms and privacy policies apply

  • We are not responsible for third-party services

  • You can disconnect integrations at any time

13.2 Third-Party Terms

You must comply with:

  • Terms of service of integrated platforms

  • API usage guidelines

  • Data sharing restrictions

  • Platform-specific policies

Example: If you integrate Google Calendar:

  • You must comply with Google's Terms of Service

  • Google's Privacy Policy applies to data shared with Google

  • We do not control Google's service or policies

13.3 No Endorsement

Our offering of integrations does NOT mean:

  • We endorse or recommend the third-party service

  • We guarantee the third party's performance

  • We are affiliated with the third party

  • We are responsible for their actions

13.4 Service Changes

Third-party services may:

  • Change their APIs or functionality

  • Discontinue features we rely on

  • Change their pricing or terms

  • Experience outages or disruptions

If this impacts our Service:

  • We will attempt to maintain integration

  • May need to modify or remove integration

  • Will provide notice when possible

  • No refunds for third-party caused disruptions

13.5 Data Sharing

When you use integrations:

  • Data flows between our Service and the third party

  • You control what data is shared

  • Third parties process data per their own policies

  • We cannot control third-party data practices

Your Responsibilities:

  • Ensure you have rights to share data with third parties

  • Comply with privacy laws regarding data sharing

  • Review third-party privacy policies

  • Notify your customers about data sharing as required

14. WARRANTIES AND DISCLAIMERS

14.1 Service Provided "AS IS"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

This means:

  • We do not guarantee the Service will meet your requirements

  • We do not guarantee uninterrupted or error-free operation

  • We do not guarantee specific results from using the Service

  • We do not warrant the accuracy or completeness of content

14.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

Implied Warranties:

  • MERCHANTABILITY

  • FITNESS FOR A PARTICULAR PURPOSE

  • NON-INFRINGEMENT

  • TITLE

  • QUIET ENJOYMENT

Express Warranties:

  • Except for our SLA commitment in Section 8

  • No oral or written information creates warranties

14.3 No Professional Advice

The Service does NOT provide:

  • Legal advice

  • Medical advice

  • Financial advice

  • Tax advice

  • Professional counseling

We are NOT:

  • Licensed professionals

  • Responsible for advice given by AI

  • Qualified to address specialized professional inquiries

You should:

  • Consult qualified professionals for specialized advice

  • Not rely on the Service for professional guidance

  • Implement appropriate escalation for professional inquiries

14.4 Third-Party Content

We do NOT warrant:

  • Accuracy of third-party information

  • Availability of third-party services

  • Security of third-party platforms

  • Compliance of third-party services

14.5 No Guarantee of Results

We do NOT guarantee:

  • Increased sales or revenue

  • Higher customer satisfaction

  • Specific number of appointments booked

  • Business success or growth

  • Return on investment

Results vary based on:

  • Your industry and business type

  • Quality of your service configuration

  • Customer behavior and preferences

  • Market conditions

  • Numerous other factors beyond our control

14.6 State-Specific Rights

Some jurisdictions do not allow disclaimer of implied warranties.

If you live in such a jurisdiction:

  • The above disclaimers may not fully apply to you

  • You may have additional rights

  • Consult local consumer protection laws

15. LIMITATION OF LIABILITY

15.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

OUR TOTAL LIABILITY TO YOU IS LIMITED TO:

  • The amount you paid us in the 12 months before the claim, OR

  • $1,000,

  • WHICHEVER IS GREATER

This limit applies to:

  • All claims combined

  • All legal theories (contract, tort, negligence, strict liability, etc.)

  • All damages (direct, indirect, incidental, consequential)

  • Claims by you and third parties

15.2 Excluded Damages

WE ARE NOT LIABLE FOR:

Indirect Damages:

  • Lost profits or revenue

  • Lost business opportunities

  • Lost data (beyond what we can restore from backups)

  • Loss of goodwill or reputation

  • Cost of substitute services

  • Business interruption

Consequential Damages:

  • Damages resulting from Service failures

  • Damages from third-party actions

  • Damages from security breaches

  • Damages from data loss

Incidental Damages:

  • Costs of recovering lost data

  • Costs of replacement services

  • Business downtime costs

Special or Punitive Damages:

  • Punitive or exemplary damages

  • Statutory damages beyond actual losses

15.3 Exceptions to Limitations

These limitations DO NOT apply to:

  • Our fraud or willful misconduct

  • Gross negligence

  • Personal injury or death caused by our negligence

  • Violations we cannot limit by law

  • Your payment obligations to us

15.4 Third-Party Claims

We are NOT liable for:

  • Actions of third-party service providers

  • Integration failures beyond our control

  • Losses caused by your customers or users

  • Damages from third-party data breaches

  • Third-party intellectual property claims

15.5 Your Exclusive Remedy

Service credits under our SLA (Section 8) are your sole remedy for:

  • Service downtime

  • Performance issues

  • Availability problems

15.6 Basis of the Bargain

These limitations are fundamental to our agreement:

  • We could not offer the Service at this price without these limits

  • You accept these limitations as part of the bargain

  • Limitations apply even if remedies fail of their essential purpose

15.7 State-Specific Rights

Some jurisdictions do not allow limitation of liability for certain damages.

If you live in such a jurisdiction:

  • Some limitations above may not apply

  • You may have additional rights

  • Check your local consumer protection laws

16. INDEMNIFICATION

16.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless:

  • Transactport iT LLC

  • Our officers, directors, employees, and agents

  • Our contractors and service providers

  • Our affiliates and subsidiaries

From and against all:

  • Claims, demands, lawsuits, and legal proceedings

  • Liabilities, damages, and losses

  • Costs and expenses (including reasonable attorney fees)

16.2 Indemnified Claims

You will indemnify us for claims arising from:

Your Use of the Service:

  • Violation of these Terms

  • Violation of any law or regulation

  • Infringement of third-party rights

  • Your negligence or willful misconduct

Your Business Operations:

  • Services you provide to your customers

  • Products you sell

  • Information you provide to the AI

  • How you use call recordings or customer data

Your Content and Data:

  • Content you upload or create

  • Information provided by your business

  • Customer data you collect

  • Representations you make to callers

Your Customers:

  • Actions of your customers or users

  • Claims by your customers

  • Disputes with your customers

16.3 Indemnification Process

If a claim arises:

You must:

  • Notify us promptly in writing

  • Cooperate fully with our defense

  • Not settle without our written consent

  • Provide information and assistance

We may:

  • Assume defense of the claim

  • Hire counsel at your expense

  • Settle the claim (with your input)

  • Require you to participate in defense

You may NOT:

  • Settle or compromise claims without our consent

  • Make admissions that bind us

  • Enter agreements affecting our rights

16.4 Exceptions

You are NOT required to indemnify for:

  • Our gross negligence or willful misconduct

  • Defects in the Service itself

  • Our violation of laws

  • Claims arising solely from our actions

16.5 Survival

This indemnification obligation:

  • Survives termination of these Terms

  • Continues after your subscription ends

  • Applies to claims discovered later

17. TERMINATION AND SUSPENSION

17. TERMINATION AND SUSPENSION

17.1 Termination by You

You may terminate at any time by:

Canceling Your Subscription:

Effective Date:

  • Cancellation takes effect at end of current billing period

  • You retain access until that date

  • No partial month refunds (except 30-day guarantee)

What Happens:

  • Service access ends on effective date

  • Your data is retained for 90 days

  • You can export data before termination

  • All integrations are disconnected

17.2 Termination by Us

We may terminate your account:

With Cause (Immediate):

  • Violation of these Terms

  • Non-payment after 30 days

  • Fraudulent activity or payment disputes

  • Illegal use of the Service

  • Abuse of the Service or staff

  • Creating risk to us or other users

Without Cause (30 Days Notice):

  • We discontinue the Service

  • We no longer serve your geographic area

  • Business reasons at our sole discretion

17.3 Suspension of Service

We may suspend your account immediately for:

Payment Issues:

  • Failed payment after retry attempts

  • Disputed or reversed charges

  • Suspected payment fraud

Security Concerns:

  • Suspected account compromise

  • Unusual or suspicious activity

  • Ongoing security investigation

Policy Violations:

  • Terms of Service violations

  • Acceptable Use Policy violations

  • Pending investigation of complaints

Suspension Process:

  • Email notification with reason

  • Opportunity to cure (if applicable)

  • Service restored when issue resolved

  • Termination if not resolved within 30 days

17.4 Effects of Termination

Upon termination:

Your Access:

  • Immediately revoked

  • Cannot log in to account

  • Cannot access data through Service

  • Integrations immediately disconnected

Your Data:

  • Retained for 90 days

  • Available for export during this time

  • Contact support to request export

  • Automatically deleted after 90 days

Outstanding Charges:

  • You remain liable for all charges incurred

  • No refunds for remaining subscription time (except as in Section 6.4)

  • Payment for any unpaid balances due immediately

  • Collection actions may be taken for unpaid amounts

Licenses:

  • All licenses granted under these Terms terminate

  • You must stop using any Service-related materials

  • You must stop displaying our branding

17.5 Survival

The following sections survive termination:

  • Payment obligations

  • Indemnification

  • Limitation of liability

  • Dispute resolution

  • Intellectual property provisions

  • Any provisions that by their nature should survive

18. DISPUTE RESOLUTION AND ARBITRATION

18.1 Informal Resolution First

Before filing any legal action, you agree to:

Notify Us: Email: [email protected] Subject: "Legal Dispute Notice"

Include:

  • Your name and contact information

  • Description of dispute

  • Relief sought

Good Faith Negotiation:

  • We will attempt to resolve informally

  • 60-day period for negotiation

  • Must exhaust this process before proceeding

18.2 Binding Arbitration

If informal resolution fails:

You agree to resolve disputes through binding arbitration, NOT court litigation.

Arbitration Rules:

  • Administered by American Arbitration Association (AAA)

  • AAA Consumer Arbitration Rules apply

  • Federal Arbitration Act governs

  • One arbitrator appointed per AAA rules

Arbitration Location:

  • Your county of residence, OR

  • Conducted by videoconference, OR

  • By telephone if both parties agree

Costs:

  • We pay all AAA fees for claims under $10,000

  • Each party pays own attorney fees unless awarded by arbitrator

  • Arbitrator may award fees to prevailing party

18.3 Class Action Waiver

YOU AGREE THAT:

No Class Actions:

  • Disputes must be brought individually

  • No class action lawsuits

  • No class arbitrations

  • No consolidated actions

No Representative Actions:

  • Cannot bring claims on behalf of others

  • Cannot join with other claimants

  • Cannot act as class representative

If class action waiver is found unenforceable:

  • Entire arbitration provision is void

  • Dispute proceeds in court

  • Other provisions remain in effect

18.4 Exceptions to Arbitration

These disputes are NOT subject to arbitration:

Small Claims Court:

  • Claims within small claims court jurisdiction

  • May be brought in small claims court

  • Must meet your local small claims requirements

Injunctive Relief:

  • Claims for injunctive or equitable relief

  • Intellectual property disputes

  • Urgent matters requiring immediate action

Government Actions:

  • Enforcement by government agencies

  • Regulatory proceedings

  • Criminal matters

18.5 Opt-Out Right

You may opt out of arbitration:

To Opt Out:

Email: [email protected] Subject: "Arbitration Opt-Out" Include: Your name, address, email, account email Deadline: Within 30 days of accepting these Terms

Effect of Opting Out:

  • You may pursue disputes in court

  • Class action waiver still applies

  • All other Terms remain in effect

18.6 Arbitration Process

If arbitration is required:

Filing:

  • File demand for arbitration with AAA

  • Provide copy to us at legal notices address

  • Include details of dispute

Hearing:

  • Conducted per AAA rules

  • Evidence and witness presentation allowed

  • Arbitrator issues written decision

Decision:

  • Arbitrator's decision is final and binding

  • Limited grounds for appeal

  • Enforceable in any court of competent jurisdiction

Confidentiality:

  • Arbitration proceedings are confidential

  • You may not disclose without our consent

  • Exception: enforcement proceedings

19. GOVERNING LAW AND JURISDICTION

19.1 Governing Law

These Terms are governed by:

  • Laws of the State of [YOUR STATE]

  • United States federal law where applicable

  • Without regard to conflict of law principles

Excludes:

  • United Nations Convention on Contracts for the International Sale of Goods

  • Any laws that would apply law of another jurisdiction

19.2 Jurisdiction and Venue

If court litigation occurs (not arbitration):

Exclusive Jurisdiction:

  • Federal or state courts located in [YOUR COUNTY, STATE]

  • You consent to personal jurisdiction in these courts

  • You waive objections to venue or inconvenience

Exception for Small Claims:

  • May be brought in small claims court in your county

  • If within small claims jurisdiction limits

19.3 International Users

If you are outside the United States:

  • You still agree to the governing law above

  • You may have additional rights under local law

  • Local consumer protection laws may apply

  • You are responsible for compliance with your local laws

20. GENERAL PROVISIONS

20.1 Entire Agreement

These Terms, along with:

  • Our Privacy Policy

  • Any order forms or statements of work

  • Any supplemental terms for specific features

Constitute the entire agreement between you and us.

Supersedes:

  • All prior agreements, oral or written

  • All prior communications and proposals

  • All prior terms or conditions

20.2 Modification and Waiver

We may modify these Terms:

  • As described in Section 2

  • With notice as specified

  • Changes binding upon acceptance

Waiver:

  • Our failure to enforce any provision is not a waiver

  • Waiver must be in writing and signed

  • Waiver in one instance does not waive future instances

20.3 Severability

If any provision is found invalid or unenforceable:

  • That provision is modified to be enforceable

  • Or removed if modification not possible

  • Remaining provisions remain in full effect

  • Intent of the parties is preserved

Exception:

  • If class action waiver is found invalid, entire arbitration provision is void

20.4 Assignment

You may NOT assign these Terms or your account:

  • No transfer to another person or entity

  • No transfer by operation of law

  • Without our prior written consent

We may assign these Terms:

  • To an affiliate or subsidiary

  • To an acquirer of our business

  • In connection with merger or reorganization

  • We will notify you of material assignments

20.5 No Third-Party Beneficiaries

These Terms are between you and us only:

  • No third parties have rights under these Terms

  • Except our affiliates, officers, directors, employees (for liability purposes)

20.6 Force Majeure

We are not liable for failure to perform due to:

  • Acts of God (natural disasters, earthquakes, floods)

  • War, terrorism, or civil unrest

  • Government actions or regulations

  • Labor disputes or strikes

  • Internet outages beyond our control

  • Pandemics or public health emergencies

  • Other circumstances beyond our reasonable control

During force majeure:

  • Performance obligations are suspended

  • We will use reasonable efforts to restore service

  • You are not entitled to refunds for downtime

20.7 Export Compliance

You agree:

  • Not to export the Service to prohibited countries

  • Not to use Service in violation of export laws

  • To comply with all export regulations

Prohibited uses:

  • Countries under U.S. trade embargo

  • Individuals on U.S. sanctions lists

  • Military or nuclear applications without authorization

20.8 Government Users

If you are a U.S. government entity:

  • The Service is "Commercial Computer Software"

  • Licensed per FAR 12.212 and DFARS 227.7202

  • With only the rights granted to commercial customers

20.9 Notice Requirements

Notices to you:

  • Sent to email address on file

  • Or posted on website or in account dashboard

  • Effective when sent or posted

Notices to us:

General notices: Email: [email protected]

Effective: 5 business days after mailing or 24 hours after email

20.10 Language

These Terms are prepared in English:

  • English version controls in case of conflict

  • Translations are for convenience only

  • You represent you understand the English version

20.11 Electronic Communications

You consent to receive communications electronically:

  • Emails to your registered address

  • Notices in your account dashboard

  • Agreements to receive electronic records

You can withdraw consent:

  • By closing your account

  • Email us to request paper communications

  • May limit Service functionality

20.12 Relationship of Parties

You and Transactport are independent contractors:

  • No partnership or joint venture

  • No agency relationship

  • No authority to bind the other party

  • No fiduciary duty between us

21. CONTACT INFORMATION

21.1 Customer Support

For questions about these Terms or the Service:

Email (Preferred): [email protected]

Phone: +1 (888) 299-1623 Monday-Friday, 9:00 AM - 5:00 PM EST

Mail: Transactport iT LLC Attn: Customer Support 3343 Peachtree Rd NE Ste 145-2040, Atlanta, GA 30326, USA.

21.2 Legal Department

For legal notices, disputes, or formal correspondence:

Email: [email protected]

Mail: Transactport iT LLC Attn: Legal Department 3343 Peachtree Rd NE Ste 145-2040, Atlanta, GA 30326, USA.

21.3 Billing and Payment Questions

Email: [email protected] Subject: "Billing Inquiry - [Your Account Email]"

21.4 Privacy and Data Questions

Email: [email protected] Subject: "Privacy Request"

See our Privacy Policy for complete privacy information.

21.5 Response Times

We strive to respond within:

  • General inquiries: 1-2 business days

  • Technical support: 24 hours

  • Legal notices: 5 business days

  • Urgent security matters: Immediate

QUESTIONS OR CONCERNS? 📧

We're here to help. Contact us:

Email: [email protected]

Phone: +1 (888) 299-1623

Hours: Monday-Friday, 9:00 AM - 5:00 PM EST

BY USING MAGIC AI RECEPTIONIST, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Transactport iT LLC

Magic AI Receptionist
“Never miss another customer.”

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📍 3343 Peachtree Rd NE Ste 145-2040, Atlanta, GA 30326, USA.
📞 +1 (888) 299-1623
✉️ [email protected]

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