ZiRoks Terms of Service

These Terms of Service (the “Terms”) are an agreement between you and ZiRoks (“ZiRoks”, “we”, “us”). They cover FreeBot, our free website chatbot, and SmartBOS, our paid AI communications platform, together with our websites (together, the “Service”). Our Privacy Policy explains how we handle personal information.

By creating an account, signing up for FreeBot or SmartBOS, or checking a box to accept these Terms, you agree to them on behalf of yourself and the business you represent (“you”).

1. Who may use the Service

• The Service is offered to businesses in the United States only.
• You must be at least 18 years old and authorized to accept these Terms for the business you name.
• You must give us accurate information and keep it up to date.
• You are responsible for your account, for the people you give access to it, for what they do in the Service, and for keeping sign-in details secure. Tell us promptly through our contact form if you believe your account has been used without permission.

2. What the Service is, and what it is not

The Service lets a business handle customer communications with help from an AI assistant (an “AI Employee”) that uses information you provide about your business and content from your website and documents. Your staff can review conversations, take over from the AI and hand conversations back. Channels and features depend on your plan and on what has been activated for your account. Some features, such as AI replies by text message and AI phone answering, are available only after they have been activated for your account.

ZiRoks provides software and communications services. We are not the provider of your business’s own services: you remain responsible for the products, services and advice you offer your customers.

3. FreeBot

• FreeBot is a free website chatbot built from publicly available content on a website you own or control. One free chatbot is available per website domain.
• When you sign up you confirm that you own the website, or have the owner’s authority to add a chatbot to it.
• We only use publicly accessible pages. We do not access private, login-protected or restricted areas.
• We may decline, suspend or remove a FreeBot, and we may change or end the free service.
• Upgrading to SmartBOS keeps the same account. The SmartBOS sections of these Terms apply once you do.

4. SmartBOS plans, fees and payment

• A credit card is required to start SmartBOS. Your first monthly service period begins on the day you sign up for SmartBOS.
• Cancel within 7 days and you are not charged. If you cancel during the first 7 days, your SmartBOS service ends when you cancel and no charge is made.
• If you do not cancel within those 7 days, your card is charged automatically on day 8 for your full first month of service, counted from your signup date.
• After that, your card is charged automatically at the start of each monthly service period for your plan and any recurring add-ons (charged in advance).
• Usage-based charges, such as text-message segments or connected voice time beyond the amounts included in your plan, are charged after the period in which they were used, at the published rates, together with a later monthly charge.
• Prices are shown before you buy. They do not include applicable taxes unless stated. We may collect taxes where the law requires us to.
• Payments are processed by our payment provider. ZiRoks does not store full card numbers.
• If an automatic charge fails, we will try again and let you know. If it stays unpaid, we may suspend paid features and, if it is still unresolved, end the paid service. A failed charge does not immediately end your account.
• We will tell you before a price change applies to your plan.

5. Cancellation and refunds

• You can cancel at any time from your SmartBOS billing page, or by contacting us through our contact form.
• If you cancel after a charge has been made, your service continues until the end of the period you have paid for and is not renewed. You can withdraw the cancellation before it takes effect.
• Once a charge has been made it is not refundable, and there is no refund or credit for unused time, except where the law requires a refund or where we correct a billing mistake.
• If we permanently stop providing a paid service for reasons that are not your fault, we will not charge you for service we did not provide.

6. Your content and your customers’ data

• You own your business data and your customers’ content. ZiRoks does not acquire ownership of your customer list by storing or processing it.
• You give ZiRoks permission to host, process, transmit, secure, back up and otherwise handle that data as needed to provide the Service to you.
• We do not sell your data or your customers’ data. We may use aggregated or de-identified information as described in our Privacy Policy.
• We do not use your conversations or recordings to train general-purpose AI models without your explicit authorization.
• You are responsible for collecting and using your customers’ information lawfully, for giving them any notice your business is required to give, and for obtaining any consent the law requires from them.

7. AI features and their limits

• The AI Employee writes its replies automatically. We do not guarantee that AI replies are always accurate or complete, that every lead or message will be captured, that scheduling or other actions will always succeed, or any particular business result. Keep your business information current and review how your AI Employee behaves.
• When the AI Employee starts a conversation with your customers by website chat, it identifies itself as an AI assistant. Where AI replies by text message are activated for your account, the same applies. You must not present the AI Employee as a human or instruct it to claim to be one.
• Do not rely on the AI Employee for professional judgment or emergencies.

8. Messaging and email rules

• The Service keeps its own records of opt-outs, unsubscribes and consents for your contacts and checks them before messages are sent for you. You may apply stricter rules of your own, but you may not switch off, override or work around these controls.
• A customer contacting you lets you reply in that conversation. It is not consent to marketing. Send marketing only to people who have given any consent the law requires, and identify your business in your messages.
• Text messages (SMS): your staff can reply to customers who have texted your business. AI replies, automated messages and campaigns by text are available only after they have been reviewed and activated for your account. Replies of STOP, START and HELP are handled by the Service on every number, and you cannot override a STOP. Message and data rates may apply to your customers. You must follow applicable messaging laws and carrier rules.
• Email: marketing email must let recipients unsubscribe, and the Service honors unsubscribes.

9. Phone calls (AI voice), where activated for your account

• Every call answered by the AI Employee begins with a fixed announcement: “This call is being recorded for quality assurance. You are speaking with an AI employee.” You cannot turn it off, change it or skip it. Recording begins after the announcement. There is no unrecorded AI mode: a caller who does not want to be recorded can hang up and contact your business another way.
• If you set up call transfers to your staff, a transferred call continues to be recorded after your staff member answers. You are responsible for telling your staff, and anyone else who answers transferred calls, that these calls are recorded.
• Outside the business hours you set, callers may be sent to voicemail. A voicemail message is a recording of what the caller says. Voicemail messages are kept until you delete them.
• Call recordings are kept for 30 days and are then deleted automatically. Copies inside our system backups may last until those backups expire.
• A text record of each call’s conversation is kept in your SmartBOS conversation history.
• You are responsible for complying with call-recording, consent and notice laws that apply to your business and your callers, including any notice or consent needed beyond the announcement.
• If AI voice service is not active for your account, calls are not connected to the AI Employee.

10. Not an emergency service

The Service is not an emergency service and cannot contact emergency services. Anyone with an emergency must hang up and call their local emergency number.

11. Health information and other regulated data

• The Service is not designed or offered for protected health information (“PHI”) under HIPAA or for other regulated data. You must not use the Service to collect, store or process PHI, payment card numbers, Social Security numbers, financial account numbers or other information that is subject to special legal protection.
• ZiRoks does not offer HIPAA-covered services and does not sign business associate agreements. We make no HIPAA, PCI or other regulatory compliance commitment.
• If your business is subject to HIPAA or similar rules, you are responsible for making sure that no regulated information passes through the Service.
• Do not use the Service to collect payment card numbers in chats, texts or calls. Use a secure payment method instead.

12. Acceptable use

You must not use the Service to:

• break the law, or send messages without any consent the law requires;
• send spam, phishing, or harassing, threatening, deceptive or hateful content;
• impersonate another business, brand or person;
• submit a website you do not own or have authority over, or copy another party’s website without permission;
• get around the one-free-chatbot-per-domain limit;
• collect personal information without the notice or consent the law requires;
• interfere with, overload or probe the security of the Service;
• resell the Service without our written agreement, or use it to build a competing service.

We may suspend or restrict messaging, an AI Employee, a chatbot or an account that we reasonably believe breaks these rules or puts others at risk.

13. Suspension and termination by us

Separately from ordinary cancellation, we may suspend or end access to all or part of the Service for fraud, a security risk, abuse, unlawful activity, a compliance problem, a serious breach of these Terms, or non-payment. Where it is reasonable to do so, we will tell you first.

14. When your account is closed

• When your account is closed there is a 30-day wind-down period during which the account can be reopened and your data recovered.
• After the wind-down period we may delete or de-identify your operational data. We do not currently promise a specific deletion date.
• Some records are kept after closure for legal, tax, billing, fraud-prevention, security, audit or dispute reasons, including billing records, records of acceptance of these Terms, and opt-out and consent records.
• Call recordings follow their own 30-day schedule described in section 9.

15. Our intellectual property

The Service, its software and our branding belong to ZiRoks. These Terms give you a right to use the Service while your account is in good standing. They do not transfer any of our intellectual property to you.

16. Availability, changes and other providers

• We do not offer a service-level (uptime) commitment. The Service may sometimes be unavailable.
• We may change or discontinue features, and we may change the infrastructure, AI providers and other vendors we use.
• Services you choose to connect, such as your mailbox or calendar, are provided by others under their own terms.

17. Disclaimers

Except as expressly stated in these Terms, and to the extent the law allows, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

18. Limitation of liability

• To the extent the law allows, ZiRoks is not liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data.
• To the extent the law allows, ZiRoks’s total liability for all claims relating to the Service is limited to the amount of one month of your then-current recurring SmartBOS subscription fees, including recurring paid add-ons and excluding usage charges and taxes.
• These limits do not apply to liability that cannot be limited under applicable law, such as liability for fraud or for willful misconduct.

19. Responsibility for claims

You will defend and indemnify ZiRoks against claims by third parties that arise from your content, data or instructions, your unlawful activity or misuse of the Service, or your breach of these Terms or of the law. This does not cover claims caused by ZiRoks’s own breach, negligence or misconduct.

20. Governing law and disputes

• These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules.
• If you have a dispute with us, please contact us first through our contact form. We will both try in good faith to resolve it informally within 30 days.
• If it is not resolved, it may be brought in the state or federal courts located in California, and each of us agrees to the jurisdiction of those courts. Either of us may bring a claim in small-claims court if it qualifies.
• Nothing in these Terms limits rights that cannot be waived under applicable law.

21. Changes to these Terms

Each version of these Terms has a version number and an effective date, shown at the top. We will give appropriate notice of material changes, and we will ask you to accept a new version where the law requires it or where we decide the change warrants it.

22. General

• These Terms, together with the Privacy Policy and the prices shown when you buy, are the whole agreement between you and us about the Service.
• If any part of these Terms cannot be enforced, the rest remains in effect.
• If we do not enforce a right, we have not waived it.
• You may not transfer these Terms without our written consent. We may transfer them as part of a reorganization, a change in our business entity, a merger, or a sale of all or part of our business, and we will tell you if we do.
• We send notices to the email address on your account. You can reach us through our contact form.

23. Contact

Please use our contact form or our website chatbot. We do not publish an email address on our websites.