Legal

Terms of Service

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Last updated: [effective date]

These Terms of Service (the "Terms") are an agreement between [CansOut.AI legal entity name, state of formation] ("CansOut", "we", "us") and the business that signs up for or uses the CansOut platform ("Operator", "you"). By creating an account, subscribing, or using the Service you agree to these Terms. If you accept them for a company, you confirm you have authority to bind it. The Service is for businesses only; it is not offered to consumers for personal use.

1. Definitions

Service — the CansOut software platform, including the operator console, driver app, customer portal, booking and chat widgets, AI Agents, public API, WordPress plugin, and related support.
End Customer — a person or business that rents, books, calls, chats with, or pays you through the Service.
AI Agent — the Service's automated voice and chat assistant that converses with End Customers on your behalf using your settings, catalog, prices and policies.
Operator Data — data you or your users submit to the Service, and data the Service collects from End Customers on your behalf, including orders, contacts, addresses, call recordings, transcripts, chat logs and messages.
Subscription Fee — the monthly price of your plan. Usage Charges — metered third-party costs your use of the Service generates, such as AI model usage, telephone minutes, speech recognition, voice synthesis and text messages.
Third-Party Services — services not provided by CansOut that you connect to or use with the Service, such as Stripe, QuickBooks, Xero, Google and your own AI provider account.

2. Accounts and users

You are responsible for your account, for everyone you give access to (staff, drivers and portal users), and for activity under your credentials. Keep credentials confidential, use multi-factor authentication for administrator accounts, and tell us promptly at [email protected] if you suspect unauthorized access. You are responsible for configuring roles and permissions appropriately for your team.

3. Plans, fees and billing

Subscription Fees are billed monthly in advance at the price published on our pricing page when you subscribe. There is no setup fee.
Usage Charges are billed monthly in arrears. We pass them through at the provider's published rate without markup and itemize them on your invoice. If you connect your own AI provider account (where offered), that provider bills you directly for its usage and it is not a Usage Charge from us.
Payment. You authorize us (through our payment processor) to charge your payment method on file for all fees and Usage Charges when due. Amounts are in US dollars and exclude taxes, which you are responsible for other than taxes on our income.
Late or failed payment. If a payment fails and is not resolved within [10] days after we notify you, we may suspend the Service until it is paid. We will not delete your data because of a suspension.
Price changes. We will give at least 30 days' notice of any increase to your Subscription Fee. Provider rate changes flow through to Usage Charges as they take effect.
Invoice disputes. Tell us within 30 days of an invoice if you believe it is wrong; we will work with you in good faith and credit any amount billed in error.
Refunds. Fees are not refundable for partial months, except where required by law or where we terminate without cause, in which case we refund prepaid fees for the unused period. [Confirm refund policy.]

4. Term, renewal and cancellation

Your subscription runs month to month and renews automatically until canceled. You can cancel at any time in the console or by contacting us; cancellation takes effect at the end of the current billing month and no further Subscription Fees are charged. We may terminate or suspend the Service if you materially breach these Terms and do not cure the breach within 15 days of notice, immediately if your use is unlawful or threatens the security or integrity of the Service or of carrier networks, or on 30 days' notice for any reason (with a refund of prepaid fees).

5. Payments you accept from End Customers

End Customer payments are processed by Stripe through a Stripe account connected to your business ("Connected Account"), subject to Stripe's own terms, including the Stripe Connected Account Agreement. You are the merchant of record for your sales. CansOut does not take possession of your funds and adds no markup to Stripe's processing fees. You are responsible for your prices, taxes, refunds, chargebacks, disputes, surcharging rules and receipts, and for the terms and cancellation policies you offer End Customers. Phone payments taken by keypad entry are captured by our telephony and payment providers; the AI Agent and CansOut do not receive or store full card numbers.

6. The AI Agent

Your configuration. The AI Agent works from the information you provide — your persona, catalog, rate cards, hours, service areas, prohibited items and policies. You are responsible for keeping that information accurate.
Accuracy. AI output can be wrong. The Service includes safeguards such as read-back confirmation before charges or date changes, blocking of replies that claim an action happened when it did not, idempotent actions, and human review of credits. These reduce errors; they do not eliminate them. Review AI activity in the console and correct errors promptly.
Commitments to End Customers. Orders, quotes and changes the AI Agent makes are made on your behalf, using your prices and terms. You are responsible for honoring or correcting them under the terms you offer End Customers. [Attorney: allocation of risk for AI pricing or booking errors.]
Disclosure. You must configure the AI Agent to disclose that the caller or visitor is interacting with an automated assistant wherever the law requires it, and you must not present the AI Agent as a human where doing so is unlawful or deceptive.
Human hand-off. You must maintain a way for End Customers to reach a person, such as a transfer number or escalation queue.
Not for emergencies or professional advice. The AI Agent must not be used to handle emergencies or to give legal, medical, environmental-compliance or other professional advice.
No model training. We do not use Operator Data to train AI models, and we use AI providers under terms that do not permit them to train on data we send through their APIs. [Verify against each provider's current commercial terms.]
Your own AI provider key. Where the Service lets you connect your own AI provider account, your relationship with that provider is governed by its terms, you are responsible for its charges and for your account's configuration, and the provider processes the data we send it on your behalf. We store your key encrypted and use it only to provide the Service to you.

7. Calls, recordings and text messaging

You are responsible for complying with the laws that apply to your communications with End Customers, including the Telephone Consumer Protection Act, state telemarketing and call-recording laws (including all-party consent states), the CAN-SPAM Act, and carrier and industry requirements for text messaging (including 10DLC registration and CTIA guidelines). In particular you must obtain any consent required before recording calls or sending texts, honor opt-outs, and use the Service's disclosure and consent settings appropriately. We may pause messaging or calling that carriers flag or that we reasonably believe violates law or carrier rules.

Phone numbers we provision for you are held on our carrier account. On cancellation, we will reasonably cooperate with a request to port your numbers to another carrier, subject to carrier rules and payment of outstanding amounts. [Confirm number port-out policy.]

8. Your data

Ownership. You own Operator Data. You give us a limited right to host, process, transmit and display it to provide, secure and support the Service, and as otherwise permitted by these Terms.
Aggregated data. We may create de-identified, aggregated data from use of the Service to operate, improve and benchmark it, provided it does not identify you, your users or any End Customer.
Export. You can export your data at any time using the console and API.
After cancellation. Your data remains available for export for 30 days after the end of your subscription. We then delete it within 90 days, except copies in routine backups (which expire on their normal schedule) and data we must keep by law.
Processing on your behalf. For personal information about End Customers, we act as your service provider/processor and process it only on your instructions, as described in our Privacy Policy and our Data Processing Addendum, which forms part of these Terms. [Publish DPA and subprocessor list.]

9. Acceptable use

You will not, and will not allow others to: use the Service unlawfully or to send unsolicited or deceptive communications; upload malicious code; access or test the Service's security without our written permission; interfere with or overload the Service or carrier networks; reverse engineer the Service except where law allows; resell or provide the Service to third parties other than as an operator serving your own End Customers; or use the Service to build a competing product.

10. Third-party services, API and widgets

Third-Party Services are provided by their owners under their own terms, and we are not responsible for them. When you connect one, you authorize us to exchange data with it as needed for the integration. API and widget keys are subject to rate limits and allowed-origin restrictions; keep secret keys confidential. We may change or retire API versions with reasonable notice.

11. Availability and support

We use commercially reasonable efforts to keep the Service available 24/7, excluding scheduled maintenance and events outside our reasonable control, including outages of carriers, AI providers, payment processors and cloud infrastructure. If the AI Agent is unavailable, the Service is designed to fall back to a basic phone menu or transfer to your number. [Decide whether to offer an uptime commitment with service credits, e.g. 99.9% monthly for the booking API and voice line.] Support is available through the channels listed in the console.

12. Security

We maintain administrative, technical and physical safeguards designed to protect Operator Data, described on our Trust & Security page. If we become aware of a security incident affecting your Operator Data, we will notify you without undue delay and provide information reasonably needed for you to meet your own obligations.

13. Intellectual property and feedback

We and our licensors own the Service and all related intellectual property. We grant you a non-exclusive, non-transferable right to use the Service during your subscription for your internal business purposes. If you send us feedback, we may use it without obligation to you.

14. Confidentiality

Each party will protect the other's non-public information with reasonable care, use it only to perform under these Terms, and disclose it only to people who need to know it and are bound by similar obligations, or as required by law.

15. Warranties and disclaimers

We warrant that the Service will perform materially as described in our documentation. If it does not, your remedy is for us to use reasonable efforts to correct it, or, if we cannot, to terminate and receive a refund of prepaid fees for the affected period. Except as expressly stated in these Terms, the Service is provided "as is" and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and any warranty that AI output will be accurate or that the Service will be uninterrupted or error-free.

16. Limitation of liability

Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of the possibility. Each party's total liability arising out of these Terms is limited to the Subscription Fees you paid in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations, a party's indemnity obligations, or liability that cannot be limited by law. [Attorney: confirm cap and carve-outs.]

17. Indemnification

We will defend you against third-party claims that the Service infringes their intellectual property, and pay resulting damages and costs finally awarded, except for claims caused by your data, your modifications, or combinations with things we did not provide. You will defend us against third-party claims arising from your Operator Data, your dealings with End Customers, or your breach of these Terms or of the laws in Section 7, and pay resulting damages and costs finally awarded. The indemnified party must give prompt notice, reasonable cooperation and control of the defense.

18. Changes to these Terms

We may update these Terms. We will give at least 30 days' notice of material changes by e-mail or in the console. Continued use after the effective date means you accept the change; if you do not, you may cancel before it takes effect.

19. Governing law and disputes

These Terms are governed by the laws of [State], without regard to conflict-of-laws rules. Before filing a claim, each party will try to resolve the dispute informally for 30 days after written notice. Disputes will be resolved in the state or federal courts located in [County, State], and each party consents to their jurisdiction. [Attorney: decide on arbitration and class-action waiver.]

20. General

Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition or sale of substantially all related assets. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you go to your account e-mail; notices to us go to [email protected] [and a postal address]. These Terms, with the DPA and any order form, are the entire agreement on this subject. If any provision is unenforceable, the rest remains in effect. The Service is offered for use in the United States.

Appendix A — Text message program terms

These terms apply to End Customers who receive texts from an operator using CansOut.

What you'll receive: order confirmations, delivery and pickup updates, payment links, account notices and replies to your messages from the dumpster company you rented from. Message frequency varies with your orders.
Cost: message and data rates may apply.
Opt out: reply STOP at any time to stop messages. Reply HELP for help, or contact the company you rented from.
Privacy: mobile numbers and text-messaging consent are not sold or shared with third parties or affiliates for their marketing purposes.
Carriers are not liable for delayed or undelivered messages.

Questions about these Terms: [email protected]