Terms of Service

These Terms govern your access to and use of acoben’s Co AI voice and SMS agent, dashboard, integrations, and related services (collectively, the “Services”). By creating an account, signing an order, or using the Services, you agree to these Terms and the Privacy Policy. If you use the Services for a business, you represent that you can bind that business. You must be at least 18 and authorized to provide the business and customer information you submit.

“Customer,” “you,” and “your” mean the business subscribing to the Services. Your callers, texters, employees, and other contacts are not parties to your subscription agreement; you are responsible for notices and permissions owed to them.

Co may answer or return calls, send SMS, collect information, triage service requests, schedule or change appointments, follow up on estimates, request reviews, and prepare owner reports, based on your settings and connected systems. Features and integrations may change. We do not promise uninterrupted availability, a particular answer, booking, lead conversion, revenue result, or error-free integration.

Co uses automated systems, including AI, and may misunderstand speech, accents, context, names, addresses, urgency, or instructions; generate inaccurate or incomplete statements; or fail to detect an emergency. Outputs are not professional, legal, medical, safety, or emergency advice. You must review settings, scripts, service areas, pricing, calendars, escalation paths, and outputs; provide human oversight; and promptly correct errors. Co is not a substitute for emergency services or qualified technicians. In emergencies, callers should contact 911 or the relevant emergency service; you must configure Co to escalate urgent situations appropriately.

Do not represent Co as a human. Configure an accurate AI disclosure and any recording/transcription disclosures required by law. Do not rely on Co as the sole channel for urgent, safety-critical, or time-sensitive communication.

You must provide accurate business, billing, contact, and registration information and keep it current. You are responsible for protecting account access, authorized users, connected accounts, phone numbers, forwarding rules, integrations, and activity under your account. acoben supports passwordless access, including Google sign-in or a magic link, where available. Keep email and Google accounts secure; a person able to access them may be able to access your acoben account. Notify support@acoben.com promptly of suspected unauthorized access.

Current plan allowances and recurring prices are:

Minutes above the included monthly allowance are billed at $0.25 per additional minute, subject to the metering and rounding rules disclosed in the order form or dashboard. SMS is included up to the monthly text allowance for your plan; sent and received texts both count. Additional texts are billed at $0.04 each on your next invoice, and carrier fees are covered in that rate. Allowances reset each month. Taxes and third-party charges you choose to incur are your responsibility. We will obtain consent to material price changes before they take effect, as required by law.

A one-time setup fee of $199 (Answer), $299 (Dispatch) or $499 (Full Crew) applies as shown at checkout. The setup fee is waived for approved members of the Founding Member offer. A first-month pilot offer may be available at 50% off the first monthly charge (monthly plans only, then regular price); it cannot be combined with the Founding Member offer.

You authorize Stripe to charge the payment method you provide. Subscription charges are billed upfront at the beginning of each billing period and recur until canceled. You are responsible for applicable taxes and keeping a valid payment method on file. If payment fails, we may retry, suspend access, or cancel after reasonable notice. You may not use the Services to evade payment or metering.

Refunds (30-day money-back guarantee)

Within 30 days after your first paid subscription charge, you may request a full refund of that charge by contacting support@acoben.com with your account details. The refund is calculated on the amount you actually paid, including any first-month pilot or Founding Member discount. The setup fee is also refunded if Co has not gone live on your number. Overage minutes, texts above your allowance, one-time carrier registration fees, and renewal charges after that 30-day period are non-refundable. Tax refunds follow the refunded amount. This guarantee does not limit any non-waivable legal rights.

Cancellation

You may cancel at any time by using the Cancel option on the Billing page of your account or by emailing support@acoben.com. Cancellation stops future renewal; access continues through the paid period. Cancellation does not refund the current period, except as stated under Refunds or where required by law. Cancellation does not automatically delete data; see the Privacy Policy and contact us to request deletion.

You are responsible for your business, your use of the Services, and your interactions with callers and texters. Without limiting that responsibility, you must:

• Comply with applicable laws, regulations, carrier rules, platform terms, and industry requirements, including the TCPA, FCC rules, state “mini-TCPA” and privacy laws, telemarketing and Do-Not-Call requirements, A2P 10DLC/carrier policies, and call-recording and wiretap laws.
• Obtain and document all required consent and notices before calls, recordings, transcription, AI processing, or texts. This includes permission for the intended purpose, channel, sender, and technology where required. Your customers’ act of calling you does not automatically authorize every later automated marketing text or call.
• Configure opt-in collection, campaign registration, sender identity, quiet hours, opt-out handling, suppression lists, and STOP/HELP responses. Promptly honor revocation and do not message opted-out contacts except as legally permitted (for example, a strictly limited opt-out confirmation).
• Ensure your call forwarding and number use are authorized, and that you have rights to all data, scripts, logos, recordings, and content supplied to acoben.
• Provide accurate service details and human escalation for emergencies, safety issues, complaints, and requests Co cannot resolve.
• Provide callers with appropriate privacy notices and a way to contact your business about their data. Respond to their rights requests when you are the responsible business.

You are solely responsible for determining which notices and consent standards apply to your business and contacts. acoben does not provide legal advice and does not guarantee that its features or templates ensure your compliance.

You may not use the Services to violate law or third-party rights; send unlawful, deceptive, abusive, or unsolicited communications; spoof caller ID or sender identity; evade consent, opt-out, DNC, carrier, or rate limits; transmit malware; probe or disrupt systems; access another account without authorization; upload sensitive information you are not authorized to process; or use the Services for emergency dispatch or other safety-critical decisions without an appropriate, tested human process. You may not reverse engineer the Services except where applicable law prohibits that restriction.

We may investigate suspected misuse and suspend or restrict access where reasonably necessary to protect people, the Services, carriers, or legal compliance. Where practical, we will provide notice and an opportunity to address the issue.

The Privacy Policy describes data handling. For caller and texter information processed on your behalf, you remain responsible for your notices, lawful basis/consent, and response to requests, while acoben processes data to provide the Services under your instructions and applicable agreements. A separate data processing addendum is available on request from support@acoben.com. Do not submit payment-card data, protected health information, or other sensitive data unless the relevant service and agreements expressly support it.

You may provide product feedback. You grant acoben a non-exclusive, worldwide, royalty-free right to use feedback to improve the Services, without identifying you publicly unless you agree.

The Services may rely on telephony, messaging, AI, calendar, payment, hosting, and other third-party providers. Their services may have separate terms, fees, outages, or data practices. You authorize the integrations you connect and are responsible for maintaining their permissions and settings. We are not responsible for third-party services outside our reasonable control. Current provider categories are listed in the Privacy Policy; current providers are listed at acoben.com/subprocessors.

We and our licensors retain rights in the Services, software, branding, and documentation. Subject to these Terms and payment, we grant you a limited, non-exclusive, non-transferable, revocable right during your subscription to use the Services for your internal business operations. You retain rights in content you provide and grant us the limited rights needed to host, process, transmit, and display it to provide and secure the Services.

You may stop using the Services and cancel as described above. We may suspend or terminate access for nonpayment, material breach, security risk, unlawful use, carrier or provider requirements, or where required by law. We will use reasonable efforts to notify you and, where appropriate, allow time to cure. We may discontinue the Services with reasonable notice, subject to applicable law and any prepaid refund obligations.

On termination, your right to use the Services ends. Data handling and retention/deletion are described in the Privacy Policy and any applicable data processing agreement. Provisions that by their nature should survive will survive, including payment obligations, disclaimers, liability limits, and dispute provisions.

To the maximum extent permitted by law, the Services are provided “as is” and “as available.” acoben disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and does not warrant that the Services will be uninterrupted, secure, error-free, accurate, or suitable for your particular legal or operational requirements.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, goodwill, data, or business opportunity, arising from the Services, even if advised of the possibility.

To the maximum extent permitted by law, acoben’s total aggregate liability arising out of or relating to these Terms or the Services will not exceed the fees you paid to acoben for the Services in the 12 months before the event giving rise to the claim.

These limits do not apply to liability that cannot be limited under applicable law. Counsel should tailor this section, including treatment of confidentiality, data protection, indemnity, and statutory claims.

To the extent permitted by law, you will defend and indemnify ACOBEN and its personnel against third-party claims, losses, and reasonable expenses arising from your unlawful or unauthorized use of the Services, your communications or business operations, your failure to obtain required consent or notices, or your violation of these Terms or third-party rights. This does not apply to the extent caused by acoben’s own acts or omissions; counsel should review the scope and procedure.

These Terms are governed by the laws of Florida, excluding its conflict-of-law rules. The courts located in St. Lucie County, Florida will have exclusive jurisdiction, subject to applicable law. [ADD COUNSEL-APPROVED NOTICE, INFORMAL DISPUTE, ARBITRATION, OR CLASS-ACTION TERMS ONLY IF INTENDED AND LEGALLY VALID.]

We may update these Terms by posting a revised version and updating the effective date. For material changes, we will provide notice as required by law. Continued use after the effective date constitutes acceptance where legally valid. If any provision is unenforceable, the remaining provisions remain in effect to the extent permitted by law. These Terms and any signed order form or applicable DPA form the agreement concerning the Services.

Questions: ACOBEN, 909 Angle Road, Fort Pierce, Florida 34947, support@acoben.com.