Terms of Service

Last updated: January 2024

1. Acceptance of Terms

By accessing and using TotalTouch ("Service"), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.

2. Description of Service

TotalTouch is an AI-powered lead qualification platform that provides automated voice calling and text messaging services for real estate professionals. Our Service includes:

  • AI voice agents for lead qualification
  • 15-day automated cadence system
  • CRM, calendar, and communication tool integrations
  • Real-time analytics and reporting
  • Live transfer and appointment booking capabilities

3. Account Responsibilities

You are responsible for:

  • Maintaining the security of your account credentials
  • All activities that occur under your account
  • Ensuring you have proper consent to contact leads
  • Compliance with TCPA and all applicable telecommunications laws
  • Accuracy of information provided to the Service
  • Monitoring usage and preventing unauthorized access

4. Billing and Payment

Pricing Model

We charge on a usage-based model per minute of call time. Current pricing is displayed on our website and may be updated with 30 days notice.

Setup Fee

There is no setup fee. Twilio account provisioning, initial agent configuration, and a Zoom onboarding session are included with all plans.

Payment Terms

All fees are charged in US Dollars. Payments are processed automatically via Stripe. Failed payments may result in service suspension.

5. TCPA Compliance

While we provide tools to help you comply with the Telephone Consumer Protection Act (TCPA), including call time restrictions and Do Not Call list management, you remain solely responsible for ensuring compliance with all applicable laws.

You represent and warrant that you have obtained all necessary consents to contact leads through our Service and that you will immediately honor all opt-out requests.

6. Acceptable Use

You agree not to:

  • Use the Service for any illegal purposes
  • Violate TCPA, CAN-SPAM, or other telecommunications regulations
  • Contact individuals on Do Not Call lists
  • Make harassing, threatening, or abusive calls
  • Impersonate others or misrepresent your identity
  • Attempt to circumvent usage limits or security measures
  • Reverse engineer or copy any part of the Service

7. Data and Privacy

Your use of the Service is governed by our Privacy Policy. You retain all rights to your lead data. We use your data only to provide the Service and improve our platform. Call transcripts are retained for 12 months unless you request deletion.

8. Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted access. Scheduled maintenance will be announced in advance. We are not liable for service interruptions caused by third-party providers (Twilio, ElevenLabs, etc.).

9. Termination

You may cancel your account at any time through your account settings. We may terminate or suspend your account for violations of these Terms. Upon termination:

  • You remain responsible for all charges incurred
  • Your data will be retained for 30 days for export
  • All integrations will be disconnected
  • Active cadences will be stopped

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTALTOUCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE PAST 12 MONTHS.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance of the updated Terms.

12. Contact Information

For questions about these Terms, please contact us at: legal@totaltouch.ai