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These AI Call Agent Terms (“AI Terms”) govern the use of artificial intelligence-powered voice agents, virtual receptionists, automated call-handling systems, integrations, workflows, call-processing functionality and related implementation services (“AI Call Agent Services”) provided by AuditLift (“AuditLift,” “we,” “us,” or “our”) to the customer identified in an applicable order, proposal, invoice, service agreement or onboarding form (“Client,” “you,” or “your”).

These AI Terms supplement and form part of the applicable AuditLift Service Agreement (“Agreement”). In the event of a conflict between these AI Terms and the Agreement, the Agreement will control unless it expressly states otherwise.

By purchasing, accessing, approving, or using an AuditLift-configured AI Call Agent, Client agrees to these AI Terms.

1. Description of Services

AuditLift provides professional implementation, configuration, customization, testing, launch assistance and support services for AI-powered telephone and voice-agent technology.

Depending on the applicable package, AuditLift may configure an AI Call Agent to:

The specific functionality provided to Client will depend on the purchased package, third-party technology capabilities, integrations and agreed implementation scope.

2. Third-Party Technology

AuditLift does not necessarily own, operate or control the underlying AI, telecommunications, phone-number, speech-to-text, text-to-speech, CRM, calendar, SMS, hosting or other third-party technology used to provide the AI Call Agent.

The applicable third-party provider may include, without limitation, AI voice-agent platforms, telecommunications providers, cloud providers, calendar systems, CRM platforms and automation providers.

Client acknowledges that:

3. Client-Owned Technology Account

Where applicable, Client will create and maintain its own account with the underlying AI or telecommunications provider.

Client will generally:

Unless expressly agreed in writing, AuditLift does not resell or mark up the underlying third-party software, telecommunications services or usage charges.

4. Third-Party Costs

AuditLift's implementation fees are separate from third-party technology costs.

Client is responsible for all applicable third-party charges, including, where applicable:

AuditLift does not guarantee the pricing of any third-party provider.

5. Client Responsibilities

Client is responsible for providing accurate and complete information required to configure the AI Call Agent.

This may include:

Client is responsible for reviewing the information provided to AuditLift and confirming that it is accurate.

6. Accuracy of AI Responses

AI systems can produce inaccurate, incomplete, outdated or inappropriate responses.

Client acknowledges that AI-generated responses may occasionally:

AuditLift will use commercially reasonable efforts to configure the AI Call Agent according to the agreed specifications.

However, AuditLift does not guarantee that the AI Call Agent will always provide accurate, complete, uninterrupted or error-free responses.

7. No Professional Advice

The AI Call Agent is not a substitute for qualified professional advice.

Unless separately agreed and legally reviewed, the AI Call Agent must not be relied upon to provide:

Client is responsible for establishing appropriate human escalation procedures for situations requiring professional judgment.

8. Emergency Situations

The AI Call Agent is not an emergency response service.

Client must establish appropriate procedures for emergency calls and provide AuditLift with appropriate instructions where emergency scenarios are reasonably foreseeable.

AuditLift does not guarantee that an AI Call Agent will correctly identify or handle every emergency situation.

Client remains responsible for determining appropriate emergency procedures for its business.

9. Human Escalation

Where supported by the applicable technology, AuditLift may configure the AI Call Agent to transfer or escalate calls to Client or another designated person.

Examples may include:

Client is responsible for maintaining accurate transfer numbers, personnel availability and escalation instructions.

AuditLift does not guarantee that a human representative will always be available to receive a transferred call.

10. AI Disclosure

Unless otherwise agreed in writing and where legally permissible, Client authorizes AuditLift to configure the AI Call Agent to identify itself as a virtual or AI-powered assistant.

For example:

“Thanks for calling ABC Company. I'm the company's virtual assistant. How can I help you today?”

Client must not instruct AuditLift to configure the AI Call Agent to intentionally impersonate a specific real person or falsely represent itself as a human.

11. Call Recording and Transcription

Where the underlying technology supports call recording, transcription or call storage, such functionality may be enabled only as agreed with Client.

Client is responsible for determining whether recording or transcription is appropriate for its business and for complying with applicable federal, state and local laws.

This may include requirements concerning:

AuditLift does not provide legal advice regarding call recording or consent requirements.

Client is solely responsible for determining the legal requirements applicable to its calls and for providing appropriate instructions, disclosures and consent mechanisms.

12. Privacy and Personal Information

The AI Call Agent may process information provided by callers, including potentially:

Client is responsible for determining what information the AI Call Agent should collect and ensuring that its collection and use comply with applicable law.

Where applicable, privacy laws such as the California Consumer Privacy Act (“CCPA”) may impose obligations concerning personal information and consumer rights.

Client should not instruct the AI Call Agent to collect unnecessary sensitive personal information.

13. Sensitive Information

Unless specifically approved in writing and appropriately configured, Client should not use the AI Call Agent to intentionally collect:

If Client requires the AI Call Agent to process regulated or highly sensitive information, Client must notify AuditLift before implementation.

Additional contractual, security or compliance requirements may apply.

14. Healthcare and HIPAA

Unless expressly agreed in writing, AuditLift's standard AI Call Agent Services are not intended for the processing of Protected Health Information (“PHI”) subject to HIPAA.

If Client is a HIPAA-covered entity or business associate and intends to use the AI Call Agent to process PHI, Client must notify AuditLift before implementation.

Additional requirements may include:

HHS explains that entities providing services involving PHI may qualify as business associates and that covered entities generally must have appropriate written arrangements with business associates.

AuditLift will not knowingly configure a standard AI Call Agent to process PHI without an appropriate written arrangement where one is legally required.

15. Outbound Calling and Telemarketing

Unless expressly agreed in writing, AuditLift's standard AI Call Agent Services are intended primarily for inbound customer-call handling.

The standard service does not include:

Client may not use an AuditLift-configured AI Call Agent for unlawful outbound calling.

The FCC has determined that AI-generated human voices fall within the TCPA's restrictions applicable to artificial or prerecorded voice calls.

Any outbound campaign must be separately reviewed for applicable legal requirements before implementation.

16. TCPA and Calling Compliance

Client is responsible for ensuring that its use of the AI Call Agent complies with applicable telecommunications and marketing laws.

Depending on the use case, these laws may include:

Client must not use the AI Call Agent to make unlawful calls, send unlawful messages or contact individuals without legally required authorization or consent.

17. SMS and Messaging

If SMS, text messaging or automated messaging functionality is enabled, Client is responsible for:

AuditLift does not guarantee that Client's messaging practices satisfy all applicable laws.

18. Industry-Specific Compliance

Client is responsible for notifying AuditLift if the AI Call Agent will be used in a regulated industry.

Examples include:

Additional requirements may apply.

AuditLift may refuse, limit or suspend implementation of a use case that presents significant legal, regulatory, security or safety concerns.

19. Prohibited Uses

Client may not use the AI Call Agent to:

AuditLift may suspend services where it reasonably believes the AI Call Agent is being used for a prohibited purpose.

20. Client Content and Instructions

Client grants AuditLift a limited, non-exclusive right to use Client-provided business information solely for purposes of configuring, testing, maintaining and supporting the AI Call Agent.

Client represents and warrants that it has the necessary rights to provide such information to AuditLift and to authorize its use in connection with the Services.

Client remains responsible for the legality, accuracy and appropriateness of its instructions and content.

21. AI Knowledge Base

AuditLift may create or configure a knowledge base using information supplied by Client.

Client is responsible for reviewing and approving material business information before production launch.

AuditLift is not responsible for inaccurate information supplied by Client.

Client should promptly notify AuditLift of material changes to:

22. Testing and Client Approval

Before production launch, AuditLift may perform testing of the AI Call Agent.

Client will be provided with a reasonable opportunity to review and test the configured system.

Client's approval may be provided by:

Following approval, Client accepts responsibility for the AI Call Agent configuration and business information used in production, subject to AuditLift's contractual support obligations.

23. Modifications and Change Requests

The standard implementation includes only the configuration and functionality described in the applicable package or proposal.

Requests for substantial additional work may be billed separately.

Examples include:

AuditLift will generally obtain Client approval before performing separately billable work.

24. Support

Where Client has purchased a package including support, AuditLift may provide support for:

Support does not include unlimited development, third-party subscription fees, extensive new integrations or major system redesign unless expressly included in the applicable package.

25. Service Availability

AuditLift does not guarantee:

The AI Call Agent is a technology-assisted customer-service tool and should be configured with appropriate human escalation procedures.

26. No Guarantee of Business Results

AuditLift does not guarantee:

Any examples, estimates or projections provided by AuditLift are illustrative unless expressly supported by written evidence and incorporated into the Agreement.

This approach is important because FTC guidance states that advertising claims must be truthful, non-deceptive and evidence-based, and the FTC has recently pursued deceptive claims involving AI-related business opportunities.

27. Client Responsibility for Business Decisions

Client remains solely responsible for decisions made based on information collected or communicated by the AI Call Agent.

The AI Call Agent does not replace Client's employees, managers, professional advisors or decision-makers.

Client is responsible for reviewing important customer requests, appointments, complaints and other business-critical information.

28. Data Retention

Call recordings, transcripts, logs and related information may be retained by the underlying technology provider according to that provider's policies and the applicable account configuration.

Client is responsible for establishing appropriate retention and deletion requirements for its business.

Where technically supported, Client may request configuration of retention settings in accordance with the applicable third-party platform.

29. Security

AuditLift will use commercially reasonable measures appropriate to the nature of the Services to protect information under its control.

However, no electronic system, telecommunications service, cloud service or AI system can be guaranteed to be completely secure.

Client acknowledges that information transmitted through telephone, internet, cloud and third-party systems may involve security risks.

30. Third-Party Platform Changes

If a third-party provider changes:

AuditLift may need to modify the AI Call Agent or recommend an alternative configuration.

Additional work caused by material third-party changes may be treated as a separately billable change request unless otherwise agreed.

31. Suspension

AuditLift may suspend or restrict AI Call Agent Services if:

Where reasonably practical, AuditLift will provide notice before suspension.

32. Indemnification

To the extent permitted by applicable law and subject to the Agreement, Client agrees to defend, indemnify and hold harmless AuditLift and its officers, employees, contractors and service providers from claims, damages, liabilities, losses, costs and reasonable attorneys' fees arising from:

This provision should be reviewed by counsel and coordinated with the indemnification language in the main Service Agreement.

33. Limitation of Liability

To the maximum extent permitted by applicable law, AuditLift will not be liable for indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profits, loss of revenue, loss of customers, loss of goodwill, business interruption or loss of data arising from or related to the AI Call Agent.

AuditLift's total aggregate liability arising out of the AI Call Agent Services will be limited to the amount actually paid by Client to AuditLift for the applicable Services during the applicable limitation period stated in the Service Agreement.

Nothing in these AI Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

Have a U.S. attorney tailor this section to your governing state law.

34. Disclaimer of Warranties

Except as expressly stated in the Agreement, the AI Call Agent Services are provided on an “as available” and “as configured” basis.

To the maximum extent permitted by law, AuditLift disclaims implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement and uninterrupted availability.

AuditLift does not warrant that the AI Call Agent will satisfy every Client requirement or operate without error.

35. Termination

Either party may terminate the applicable Services in accordance with the termination provisions of the Service Agreement.

Termination may result in discontinuation of:

Client remains responsible for applicable third-party accounts and charges unless separately cancelled by Client.

36. Survival

Sections concerning:

will survive termination of the Agreement.

37. Governing Law

These AI Terms will be governed by the laws of:

[STATE], United States, without regard to its conflict-of-law principles.

Any dispute will be handled in accordance with the dispute-resolution provisions of the Service Agreement.

[INSERT ATTORNEY-APPROVED STATE, COUNTY AND VENUE]

Do not leave this as a random state. Have your attorney select the appropriate governing law and venue based on your business structure and circumstances.

38. Electronic Acceptance

Client may accept these AI Terms electronically.

Electronic acceptance, signature, checkbox confirmation, payment or use of the AI Call Agent may constitute acceptance where legally valid.

Client acknowledges that it has had an opportunity to review these AI Terms and seek independent legal advice.

39. Entire Agreement

These AI Terms, together with the applicable Service Agreement, proposal, order, invoice and incorporated policies, constitute the agreement between AuditLift and Client regarding the AI Call Agent Services.

If any provision is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.

40. Contact

AuditLift
Website: https://auditlift.online/
Email: auditbiz.online@gmail.com
Address: Jaipur, Rajasthan, India.