Terms of Service

Draft for legal review. These are not yet our terms of service. Text in [square brackets] is still to be decided.

Last updated: [date]

These terms are an agreement between [Knockler legal name], [address] ("Knockler", "we", "us") and the business that signs up ("you"). By creating an account, or by accepting the Phone terms in the app, the person doing so confirms they're authorized to accept these terms for the business. Knockler is for businesses only, not for personal or household use.

1. What Knockler does

Knockler places automated phone calls to the business locations you add, asks the questions you choose, and gives you the recording, transcript and an automated assessment of each call: whether it was answered and how quickly, the answers given, whether your standards were met, and an overall quality score (together, the "Results").

2. Your account

• You're responsible for the people you invite and what they do in your account. Admins can change setup; viewers see Results only.
• Keep sign-in access secure and tell us straight away if you think someone has used your account without permission.
• Our staff may sign in to your account to help you or to investigate a problem. Every such session is time-limited and recorded in an audit log.

3. Numbers you add

• You may only add phone numbers for locations your business owns or operates, or that you're expressly authorized to test (for example, a call centre or answering service that handles your calls).
• We check each number against public business listings. A number we can't match waits for our approval. We may refuse, pause or remove any number at our discretion.
• We only call ordinary phone numbers in the United States and Canada.

4. Consent, staff notice and recording

• Before any call is placed, an admin accepts our Phone terms for your business. In doing so you consent, for the business and the people who answer its phones, to our calling your locations and recording, transcribing and analyzing those calls.
• You're responsible for telling your staff, and anyone who answers your lines for you, that calls may be tested and recorded, and for giving any other notice the law requires where they work. This matters most where every party to a call must consent to its recording.
• You can set any location so the caller says at the start of each call that it's an automated call. If a location must not receive undisclosed calls, it's your responsibility to set it that way.
• You can withdraw consent at any time in your org settings. Once you do, no further calls are placed, including calls already planned.

5. How our caller behaves

• The caller is automated. It never claims to be a person; if asked, it ends the call politely.
• It never completes a booking, purchase or order, and never gives a real name, phone number, email address or payment details. A booking call stops before anything is committed.
• Calls go out only within the hours and limits the service sets, including your locations' business hours and limits on how often a number can be called.

6. Acceptable use

You agree not to:

• add numbers that don't belong to your business, or use Knockler to test, harass or gather information about anyone else;
• add emergency, medical crisis or other lines where a test call could cause harm;
• write questions meant to obtain personal information, mislead staff into a commitment, or get the caller to break the rules above;
• try to get around the service's limits, checks or safeguards;
• copy, resell or reverse-engineer the service, or use it to build a competing service;
• use the service in breach of any law, including telemarketing, privacy and recording laws.

7. Using the Results

• The Results are for your internal use: to understand and improve how your locations handle calls.
• Results are produced automatically and can be wrong, for example when a word is misheard. Check the recording before relying on a Result, and correct a mark in the app when it's wrong.
• We report on locations, not named employees. Don't use the Results as the sole basis for a decision about a person's employment; any such decision is yours alone.
• The Results describe the calls we placed. They don't guarantee any business outcome.

8. Your content and ours

• You own what you put into Knockler (your locations, questions, expected answers and standards) and the Results about your locations. You give us permission to use them to provide and support the service for you.
• We may use Results in de-identified, aggregated form, combined with other customers' and never naming you or your locations, to produce benchmarks and improve the service. [Decide whether to offer an opt-out.]
• We don't sell your data, and we don't use your recordings or transcripts to train AI models.
• We own Knockler itself, including the software, prompts, scoring methods and anything we build from your feedback.

9. Fees, free trial and cancellation

• Fees are per location per month, at the plan you choose for each location, for every location on an active schedule. Prices are in Canadian dollars for businesses in Canada and in US dollars elsewhere, plus applicable taxes.
• Your first month is free. We take a card at sign-up and charge it when the free month ends unless you cancel first. [Limit: one free month per business.]
• Plans renew automatically each month, or each year if you pay yearly, until cancelled. Adding or removing locations changes the next bill, prorated for the part of the period remaining.
• You can cancel at any time; cancellation takes effect at the end of the current billing period. We don't refund partial periods, except where we failed to provide the service or the law requires a refund.
• If a payment fails, we may pause calls until it's paid.
• We'll give you at least [30] days' notice of a price change, which applies from your next billing period after that.

10. Suspension and ending the service

• We may pause calls or suspend your account straight away if we believe numbers were added without authorization, consent is missing, or the service is being misused. We'll tell you why unless the law prevents it.
• Either of us may end this agreement by closing the account. What happens to your data afterwards is set out in our Privacy Policy.

11. Confidentiality

Each of us will keep the other's non-public information confidential and use it only for this agreement, except where it becomes public through no fault of the receiving party or disclosure is required by law.

12. Disclaimers

We work to keep Knockler accurate and available, but the service and Results are provided "as is". We don't promise every call will be placed, connect or be assessed correctly, and we depend on telephone carriers and other providers outside our control. [Lawyer to set the wording allowed under consumer and contract law in each province and state.]

13. Limitation of liability

To the extent the law allows, neither of us is liable for indirect, incidental or consequential losses, or for lost profits or revenue. Our total liability under this agreement is limited to the fees you paid us in the [12] months before the claim [or $100 where you've paid nothing]. These limits don't apply to your obligations under sections 3, 4 and 6, or to section 14.

14. Indemnity

You'll defend and compensate us against claims arising from numbers you weren't authorized to add, notices you were required to give your staff and didn't, the questions you set, or your breach of section 6.

15. Changes to these terms

We may update these terms. We'll tell admins by email or in the app at least [30] days before a material change takes effect. If a change affects consent or how calls are placed, an admin must accept the updated Phone terms before further calls are made.

16. Governing law

These terms are governed by the laws of [the Province of Ontario and the federal laws of Canada that apply there], and disputes go to the courts of [Toronto, Ontario], unless the law where you are says otherwise.

17. General

These terms, the Phone terms you accept in the app and our Privacy Policy are the whole agreement between us about Knockler. If any part is unenforceable, the rest still applies. You may not transfer this agreement without our consent; we may transfer it to a company that takes over Knockler. Neither of us is responsible for delays caused by events outside our reasonable control.

Contact

[legal contact email] · [mailing address] · Contact form