Effective date: [FOR COUNSEL: set on approval] · Last updated: 2026-07-03 (draft)
These Terms of Service ("Terms") govern access to and use of the BoringSales platform — an AI-powered appointment-setting service that places and answers phone calls and text messages on behalf of business clients — including the client dashboard, client portal, booking pages, embeddable booking widget, APIs, and related services (together, the "Service"). The Service is operated by [FOR COUNSEL: legal entity name — currently operating as "BoringSales"; entity formation/registration pending per A2P registration decision] ("BoringSales," "we," "us").
Contact: support@boringsales.ai [PLACEHOLDER — confirm mailbox is live before publishing]
If you are a business client ("Client," "you"): these Terms are the agreement under which you use the Service. If you have signed a separate Master Services Agreement or order form with us, that signed agreement controls where it conflicts with these Terms.
If you are a person our Client's AI assistant called or texted (a "Lead"): you are not a party to these Terms and no payment or account is required of you. Your interaction is with the business that engaged us, using our technology. The parts of these Terms that matter to you are Section 6 (how the AI identifies itself and how recording works) and Section 7 (how to stop contact). How we handle your information is described in our Privacy Policy at /legal/privacy.
If you book an appointment through one of our booking pages or widgets, Sections 6, 7, and 14 apply to that booking flow.
BoringSales is an engagement engine for home-services and similar businesses:
Client provides or that arrive through the Client's own forms and ad campaigns — to qualify interest and book appointments.
conversations when a lead replies.
confirmations and reminders, and handles reschedules, cancellations, and no-show recovery.
appointments, pipeline, and call quality reviews.
Calls are recorded and transcribed for quality control and compliance monitoring, with disclosure to the called party (Section 6).
3.1 Access to the dashboard, portal, and API is by credential: bearer API tokens (which we store only in hashed form), short-lived (24-hour) sessions exchanged for those tokens, and SMS magic-link login for the client portal. You are responsible for keeping credentials issued to you confidential and for all activity under them. Tell us immediately at support@boringsales.ai if you believe a credential is compromised; we can revoke any token on request.
3.2 Client-scoped credentials can only read and export that Client's own data. Cross-client access is not available to Clients by design.
3.3 Every data-changing action on the platform is attributed to the credential that performed it in an audit log.
This section is the heart of the agreement. Read it.
4.1 Consent warranty. You represent and warrant that, for every lead you provide to the Service or route into it (via form, ad, list upload, CRM integration, or otherwise), you have obtained and can document prior express written consent as required by the U.S. Telephone Consumer Protection Act (TCPA) and FCC rules for calls and texts made with an artificial or prerecorded voice or an automatic system. The FCC treats AI-generated voices as "artificial" — the strictest consent tier applies to every AI call the Service places on your behalf. [FOR COUNSEL: confirm current state of the FCC AI-voice ruling and whether additional state mini-TCPA / bot-disclosure warranties should be enumerated here.]
4.2 Consent chain of custody. Your lead-capture forms and ad flows must name the consent recipient in a way that covers contact by us on your behalf, and you must retain the consent records. We store the consent basis and timestamp you pass us with each contact, but that record is only as good as the consent you actually captured.
4.3 No cold lists. You may not load purchased, scraped, harvested, or aged lead lists into the Service, or any contact for whom you cannot produce the consent required by Section 4.1.
4.4 DNC scrubbing. The Service maintains its own do-not-contact suppression list (Section 7), but that list is not the FTC National Do Not Call Registry. You are responsible for any registry scrubbing obligations that apply to your campaigns. [FOR COUNSEL: decide whether BoringSales offers registry scrubbing as a service or expressly disclaims it, and whether the established-business-relationship exemption language belongs here.]
4.5 Approved facts. The AI agents speak only from the business facts, offers, and guardrails you approve for your account. You warrant those facts are true, current, and lawful (including pricing, licensing, and guarantee claims regulated in your trade). You must promptly update them when they change.
4.6 Lawful use generally. You will use the Service only in compliance with applicable law, including telemarketing, recording, consumer-protection, and privacy laws in every jurisdiction where your leads are located.
4.7 Recording law. The Service is built for recorded calls with first-utterance disclosure (Section 6). Some U.S. states require all-party consent to recording. [FOR COUNSEL: confirm the disclosure formulation satisfies two-party-consent states, or whether per-state call handling / a state exclusion list is required.]
5.1 Built-in compliance floors. The Service enforces, at the transport layer: first-utterance recording disclosure on AI calls; honoring of STOP and standard opt-out keywords at both the carrier level and in our own systems; a global do-not-contact list checked again at the moment each message is sent; quiet hours (no automated outreach outside 9:00 a.m.–8:00 p.m. in the lead's local time, and from noon on Sundays — with a narrow exemption for a prompt callback to a lead who has just submitted a form or otherwise asked us to contact them); and compliance monitoring that flags any call where the recording disclosure did not play.
5.2 Not legal advice, not a compliance guarantee. These floors reduce risk; they do not transfer your legal obligations to us. You remain solely responsible for consent (Section 4) and for the lawfulness of your campaigns.
6.1 Every AI voice call places a disclosure in the agent's opening line on every call path, identifying the call as recorded. [FOR COUNSEL: confirm whether the opening line must also affirmatively identify the caller as an AI/virtual assistant in the states that require bot disclosure, and lock the exact approved wording.]
6.2 Calls are recorded and transcribed. Recordings and transcripts are stored as described in the Privacy Policy and are used for quality control, compliance monitoring, dispute resolution, and improving the configured scripts for the Client's account.
6.3 AI output disclaimer. The Service uses large language models. AI-generated speech and text can contain errors despite the guardrails in Section 4.5. The Service is designed to fail safe (when the AI cannot produce a conforming reply, it sends nothing and logs the failure), and a human-takeover control silences the AI for any individual contact. Appointment bookings, prices, and commitments communicated by the AI are made on the Client's behalf and are the Client's to honor or correct.
Any lead can stop contact at any time:
is processed at the carrier level and in our systems, all scheduled follow-ups for that person are cancelled immediately, and the number is added to a global suppression list — one STOP suppresses contact across every business using the platform, not just the one that texted you.
re-opens contact you re-request).
deliberately, so that deletion can never make someone contactable again.
8.1 Ownership. All Client Data — contact records, message and call transcripts, appointment history, call recordings, and derived engagement metrics — is and remains the property of the Client. BoringSales holds it solely to provide the Service.
8.2 Export on demand. At any time during the term, you may export a complete copy of your Client Data: (a) a structured export of all live records (contacts, fields, tags, appointments, messages, opportunities, and the event log) as JSON; (b) tabular exports of appointments and conversations as CSV; (c) archived history older than 90 days, enumerated in the same export with time-limited signed download links; and (d) call recordings and transcripts via signed links in their original audio/text formats (MP3, plain text).
8.3 Format and completeness. Exports use open, non-proprietary formats requiring no BoringSales software to read. No field of Client Data is withheld, redacted, or degraded as a condition of export or exit.
8.4 No exit fee. No fee, penalty, or withheld deliverable is conditioned on your exercise of export or deletion rights.
8.5 Exit assistance. On written request within ninety (90) days after termination, we will (i) provide a final full export as above, and (ii) upon your written confirmation, delete your Client Data from live systems and scheduled backups within thirty (30) days, except where retention is required by law and except opt-out suppression records (Section 7). A deletion confirmation will be provided. [FOR COUNSEL: confirm the 90/30-day windows match the commercial terms offered.]
9.1 Fees, billing cadence, and any performance guarantee are as stated on the order form, checkout page, or signed agreement for your account. [FOR COUNSEL: the standard plan is $2,000/month, which includes 1,000 conversation-minutes, with usage beyond that billed at $1.00 per minute; the first-month booking guarantee (at least 20 booked meetings in the first month or that month's fee is credited) is carried on the order form and detailed in the B3 guarantee terms. Confirm the guarantee-as-signed-terms language (SOW v6 item 1.3) and the refund/credit mechanics; fees themselves stay on the order form so a price change never requires re-issuing these Terms.]
9.2 When card billing is live, payments are processed by Stripe; we do not store card numbers. Failure to pay may result in suspension after notice. Taxes are your responsibility where applicable.
The Service is built on third-party infrastructure: Cloudflare (hosting, storage, and AI inference), Retell AI (voice agent runtime), Twilio (telephony and SMS carriage), and Stripe (payments, when enabled). We choose and supervise these providers, but carrier-level events — number filtering, carrier message blocking, telephony outages, upstream model degradation — are outside our control, and our service commitments are subject to those providers' own performance. [FOR COUNSEL: SLA doc with Twilio/Retell pass-through carve-outs is a planned separate deliverable; align this clause with it.]
You may not use the Service to: contact anyone without the consent Section 4 requires; send content that is unlawful, deceptive, or harassing; impersonate another business; market products in categories prohibited by our carriers' messaging policies (e.g., SHAFT categories: sex, hate, alcohol, firearms, tobacco, and related restricted content); probe, disrupt, or reverse-engineer the platform; or resell the Service without a written reseller agreement.
We own the platform, its software, its prompts and agent designs, and all improvements to them. You own your Client Data (Section 8) and your brand assets. You grant us a license to use your brand assets and approved facts solely to operate the Service for you. Feedback you give us may be used without obligation. Neither party acquires the other's intellectual property beyond these licenses.
Each party will protect the other's non-public information with at least reasonable care and use it only to perform under these Terms. Client Data is additionally governed by Section 8 and the Privacy Policy.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES NOT EXPRESSLY STATED IN THESE TERMS OR A SIGNED AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT ANY PARTICULAR NUMBER OF APPOINTMENTS, SHOW RATE, OR REVENUE OUTCOME EXCEPT AS EXPRESSLY STATED IN A SIGNED GUARANTEE (SECTION 9). APPOINTMENT TIMES SHOWN TO LEADS ARE OFFERS OF THE CLIENT, NOT OF BORINGSALES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS; AND (b) EACH PARTY'S TOTAL LIABILITY UNDER THESE TERMS IS CAPPED AT THE FEES PAID OR PAYABLE BY THE CLIENT IN THE [12] MONTHS BEFORE THE CLAIM AROSE. THE CAP DOES NOT APPLY TO THE CLIENT'S INDEMNIFICATION OBLIGATIONS (SECTION 16), A PARTY'S BREACH OF CONFIDENTIALITY, OR AMOUNTS OWED. [FOR COUNSEL: set cap period/amount and carve-outs; consider a super-cap for data-breach claims; TCPA exposure is class-action-shaped — align this with the E&O/cyber insurance quote (SOW v6 item 1.2).]
You will defend and indemnify BoringSales against third-party claims (including TCPA, state telemarketing, and recording-law claims, and related regulatory actions) arising from: (a) leads contacted through your account without the consent warranted in Section 4; (b) your approved facts or brand content; or (c) your breach of Section 4 or 11. We will defend and indemnify you against third-party claims that the platform software itself infringes intellectual property rights. [FOR COUNSEL: procedure (notice, control of defense), and whether mutual indemnity scope is acceptable.]
Either party may terminate as stated in the applicable order form, or, if none, on thirty (30) days' written notice. We may suspend the Service immediately for material breach of Sections 4 or 11 (unlawful contact is the one thing we will not run), for non-payment after notice, or where required by a carrier or by law. Sections 7, 8, and 12–19 survive termination.
[FOR COUNSEL — open decision. Operator is based in Ontario, Canada; clients and leads are in the United States. Choose governing law and forum (e.g., Ontario, or a U.S. state such as Delaware), and decide on arbitration vs. courts and a class-action waiver. This clause is intentionally left unset in the draft.]
We may update these Terms. For material changes we will give Clients at least fourteen (14) days' notice by email or dashboard notice before the changes take effect; continued use after the effective date is acceptance. The current version is always at /legal/terms with its effective date.
Questions, notices, and consent-record or opt-out issues: support@boringsales.ai [PLACEHOLDER]. Postal address: [FOR COUNSEL: registered address of operating entity, Ontario, Canada].