Terms of Service — Project Setter AI

About these terms

These Terms of Service ("terms") are an agreement between Project Setter AI ("Project Setter", "we", "us", "our") and you. They cover your use of our website at projectsetter.com, the Project Setter app at app.projectsetter.com, and the AI call answering, lead follow-up and booking service we provide (together, the "service").

If you use the service for a business, you accept these terms on that business's behalf and confirm you have authority to do so; "you" then means the business. If you have signed an order form or service agreement with us, it forms part of these terms and wins if the two conflict.

Our Privacy Policy explains how we handle personal information and is part of these terms. By creating an account or using the service, you agree to these terms. If you do not agree, do not use the service.

Who can use it

The service is for businesses. You must be at least 18 and able to form a binding contract.
Give us accurate account information and keep it up to date.
Keep your sign-in details secure. You are responsible for everything done under your account, including by team members you invite. Tell us straight away at brian@projectsetter.com if you think someone has accessed it without permission.

The service

Project Setter provides AI agents that answer your inbound calls, qualify callers, book, reschedule and cancel appointments in your calendar, transfer calls to you under rules you set, follow up with new leads by phone and text, and record and transcribe calls so you can review them in your dashboard.

You choose how the agents behave — your greeting, hours, service area, trades, pricing guidance, emergency and transfer rules — and we configure it with you. We keep improving the service and may add, change or remove features. We will not materially reduce the core features of a paid plan during a billing period you have already paid for. Features we label as beta or preview are provided as they are and may change or end.

What AI can and cannot do

It can make mistakes. AI can mishear a caller, give incomplete or inaccurate information, book the wrong slot or fail to transfer a call. Every call is recorded and transcribed so you can check what was said, and you should review bookings as you would those taken by a new member of staff.
It only knows what you tell it. You are responsible for the information and instructions you give the agent, such as prices, service area and policies, and for keeping them current.
It is not an emergency service. Project Setter does not contact 911 or any emergency service. Set transfer rules for urgent situations, and instruct the agent to tell callers who are in danger — for example from a gas leak — to leave the property and call 911 or their utility.
It does not give professional advice. Anything the agent says is on your behalf, based on your instructions, and is not safety, legal or technical advice from Project Setter.

Your responsibilities

The calls and texts the service handles are made in your business's name, to your customers and leads. You are responsible for making sure that your use of the service complies with the law, including:

Call recording and AI disclosure. Some states require the consent of everyone on a call before it is recorded, and some require disclosure when a caller is talking to an AI. You are responsible for giving any notice and obtaining any consent required — for example, in the greeting you choose.
Outbound calls and texts. If you use the service to call or text leads, you must have the consent required by the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, state telemarketing laws and Do Not Call rules. Calls made with AI-generated voices are treated as artificial or prerecorded voice calls under the TCPA, so prior express consent — and for marketing, prior express written consent — is required. You must honor opt-out requests.
Text message registration. Give us accurate business information when we register your texting with carriers, and keep your messaging to the purposes registered.
Your data. You must have the right to give us any data you upload or connect, such as customer lists and CRM records, and to have us process it as these terms describe.
Your phone line. You keep ownership of your phone numbers. You are responsible for the call forwarding settings with your carrier.

Acceptable use

You must not use the service, or let anyone else use it, to:

Break any law, or infringe anyone's rights, including privacy and intellectual property rights.
Call or text people who have not given the consent the law requires, or send spam.
Harass, threaten, deceive or defraud anyone, or impersonate a person or business you are not authorized to represent.
Instruct an agent to claim it is a human when a caller sincerely asks whether they are talking to a person.
Collect full payment card numbers, Social Security numbers, medical information or other sensitive data through the agent beyond what is needed to book a job. The service is not designed for regulated data such as health records.
Dispatch emergency services or handle any situation where a failure could lead to death, injury or serious damage.
Probe, scan or test the security of the service, or interfere with or disrupt it.
Copy, reverse engineer or resell the service, scrape it, or use it to build a competing product.

We may suspend calls, texts or accounts that we reasonably believe break these rules, and will tell you why unless the law or the situation prevents it.

Your data

You own it. Call recordings, transcripts, messages, lead and customer details, and the settings and content you provide ("your data") belong to you.
What we do with it. You allow us to host, copy, process, transmit and display your data only as needed to provide, secure and support the service for you, and as described in our Privacy Policy. We do not sell your data, and we do not use it to train generalized AI models.
Statistics. We may create aggregated, de-identified statistics about how the service is used — for example, how often calls end in a booking — to operate and improve it. These never identify you or any caller.
Export and deletion. You can export or delete calls and other data from the app at any time. After your account ends, you have 30 days to ask us for an export; after that we delete your data as described in the Privacy Policy.

Third-party services

The service works with other companies' products — Google Calendar, field service and CRM tools such as ServiceTitan, Housecall Pro, Jobber, GoHighLevel, HubSpot and Salesforce, and phone carriers. When you connect one, you authorize us to exchange data with it according to your settings. Your use of those products is governed by their own terms. We are not responsible for them, and if a provider changes or withdraws access to its service, we may have to change or stop the related integration.

Our use of information received from Google APIs follows the Google API Services User Data Policy, including its Limited Use requirements, as set out in our Privacy Policy.

Fees and billing

Price. You pay the fees for the plan you choose in the app or agree in an order form. Some plans include usage allowances, such as minutes or messages; usage above an allowance is charged at the rates shown for your plan.
Payment. Subscriptions are billed monthly in advance through our payment processor, Stripe, and you authorize us to charge your payment method each billing period until you cancel. Usage charges are billed in arrears.
Taxes. Fees do not include taxes, which you are responsible for where applicable.
Late payment. If a payment fails and is not fixed within 7 days of us telling you, we may suspend the service until it is paid.
Price changes. We will give you at least 30 days' notice of a price increase. It applies from your next billing period, and you can cancel before then.
Refunds. Fees already paid are non-refundable, except where the law requires otherwise or we agree in writing.

Cancelling and termination

No long-term contract. The service runs month to month until cancelled, unless your order form says otherwise.
Cancelling. Cancel at any time by emailing brian@projectsetter.com or from the app. Cancellation takes effect at the end of your current billing period, and you keep access until then.
Turn off call forwarding. Before your service ends, remove call forwarding to Project Setter with your carrier. Calls forwarded to us after your service ends will not be answered.
If we end it. We may suspend or terminate your account if you materially breach these terms and do not fix the breach within 10 days of notice, if you do not pay, or immediately where needed to prevent harm to callers, other customers or the service, or to comply with the law. If we stop offering the service altogether, we will give you at least 30 days' notice and refund any fees paid for the period after it ends.
What survives. Sections on your data, fees owed, intellectual property, confidentiality, disclaimers, limitation of liability, indemnity and disputes continue after the agreement ends.

Our website and the numbers on it

Our website describes the service and lets you book a demo. Nothing on it is an offer, a quote or a contract. This matters, so we will be direct about it:

The call recordings and transcripts shown on the website are illustrative examples, not recordings of real customers' callers.
The dashboard is a mock-up populated with example data, and is labelled as such.
Average job values, industry statistics and the calculator are estimates offered to help you think about your own numbers. They are not a forecast of your results and we do not guarantee them.
Anything the calculator produces depends entirely on the figures you enter.

Your results will depend on your market, your pricing, your capacity and how you run your business. A demo booking is an appointment, not a purchase, and either side can cancel or reschedule it.

Intellectual property

The service, the app, our website and everything in them — software, text, design, photography and branding — belong to Project Setter or our licensors. While your subscription is active, we give you a limited, non-exclusive, non-transferable right to use the service for your own business. You may not copy or reuse our content for a competing service.

If you send us suggestions or feedback, we may use them without any obligation to you.

Product names belonging to other companies — ServiceTitan, Housecall Pro, Jobber, GoHighLevel, HubSpot, Salesforce, Google, Microsoft, Calendly and others — are trademarks of those companies. Naming them does not mean they endorse us.

Confidentiality

Each of us may receive non-public information from the other, such as your business data or our pricing and product plans. We each agree to use the other's confidential information only for the purposes of this agreement, to protect it with reasonable care, and not to disclose it except to people who need it for those purposes and are bound to keep it confidential, or where the law requires.

Disclaimers

We work hard to keep the service reliable, but it depends on phone carriers, internet connections and AI providers outside our control. The service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties not stated in these terms, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise the service will be uninterrupted or error-free, that every call will be answered or every booking will be correct, or that you will achieve any particular number of bookings or amount of revenue.

Limitation of liability

To the fullest extent the law allows:

Neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, jobs, data or goodwill, even if told they were possible.
Our total liability for all claims relating to the service is limited to the greater of the fees you paid us in the 12 months before the event giving rise to the claim, or US$100.

These limits do not apply to your obligation to pay fees, your indemnity obligations, either party's fraud, or any liability that cannot be limited by law.

Indemnity

You will defend and indemnify Project Setter against third-party claims, and the resulting losses, fines and reasonable legal costs, arising from your data, the instructions and settings you give the agents, calls or texts made at your direction, your breach of these terms, or your violation of any law — including telemarketing, call recording and consumer protection laws. We will tell you promptly about any such claim and cooperate reasonably with your defense.

Changes to these terms

We may update these terms as the service and the law change. We will update the date at the top, and for material changes we will give customers at least 30 days' notice by email or in the app before they take effect. If you do not agree to a change, you can cancel before it takes effect. Continuing to use the service after that means you accept the updated terms.

Governing law and disputes

If you have a problem with the service, contact us first — most issues are fixed with a phone call. If a dispute is not resolved within 30 days of either side raising it in writing, either of us may take it further.

These terms are governed by the laws of the United States and the state in which Project Setter AI is organized, without regard to conflict-of-law rules, and disputes will be heard in the state or federal courts of that state. Either of us may seek urgent injunctive relief in any court with jurisdiction.

General

Entire agreement. These terms, the Privacy Policy and any order form are the whole agreement between us about the service.
Assignment. You may not transfer this agreement without our written consent, except to a successor that acquires your business. We may transfer it as part of a merger, acquisition or sale of assets.
Events outside our control. Neither of us is responsible for delays or failures caused by events beyond reasonable control, such as carrier or internet outages, failures of third-party providers, natural disasters or government action. This does not excuse payment.
Notices. We send notices to the email address on your account. Send notices to us at brian@projectsetter.com.
Severability and waiver. If part of these terms is unenforceable, the rest still applies. Not enforcing a right straight away does not waive it.
No third-party beneficiaries. These terms are between you and us. Your callers and customers are not parties to them.
Relationship. We are independent contractors. Nothing here creates a partnership, employment or agency relationship.

Contact us

Questions about these terms: brian@projectsetter.com.