Terms of Service

Effective Date: March 30, 2026 · Last Updated: March 30, 2026

1. Acceptance of Terms

By creating an account, subscribing to a plan, or otherwise accessing or using the NeverMissAI service (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated herein by reference.

If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" and "your" shall refer to that entity.

We reserve the right to refuse service to anyone for any reason at any time.

2. Service Description

NeverMissAI is an AI-powered voice receptionist service operated by SwiftAppLab. The Service is designed to help businesses manage incoming phone calls by providing:

• AI-Powered Phone Answering — An artificial intelligence agent answers incoming calls on your behalf, greets callers, and handles inquiries based on your configured business information and scripts.
• Appointment Booking — The AI can schedule appointments and sync them with Google Calendar or other supported calendar integrations.
• Message Taking — When the AI cannot resolve a caller's request, it takes a detailed message and relays it to you.
• Call Recording — Calls handled by the Service may be recorded for quality assurance, training, and your review.
• Notifications — Real-time SMS and/or email notifications are sent to you when calls are received, appointments are booked, or messages are taken.
• Lead Qualification — The AI can ask qualifying questions and capture lead information as configured by you.

The specific features available to you may vary based on your subscription plan and configuration. We reserve the right to modify, enhance, or discontinue features at any time with reasonable notice.

3. Account Registration & Eligibility

3.1 Eligibility

To use NeverMissAI, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction);
• Operate a legitimate business or professional practice;
• Have the legal authority to enter into a binding agreement;
• Provide accurate, current, and complete registration information.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at hello@swiftapplab.com if you suspect unauthorized use of your account.

3.3 Accuracy of Information

You agree to provide accurate, current, and complete information during registration and to update such information as needed. We reserve the right to suspend or terminate accounts that contain inaccurate or misleading information.

4. Subscription & Payment

4.1 Pricing

The NeverMissAI service is offered as a monthly subscription at $297.00 per month (USD). Pricing is subject to change with at least 30 days' written notice to active subscribers.

4.2 Billing

All payments are processed securely through Stripe. By subscribing, you authorize us to charge your designated payment method on a recurring monthly basis. Your billing cycle begins on the date of your initial subscription and recurs on the same date each month.

4.3 Auto-Renewal

Your subscription will automatically renew at the end of each billing cycle unless you cancel. You may cancel your subscription at any time, but cancellation must be submitted at least 30 days before your next billing date to avoid being charged for the following month.

4.4 Failed Payments

If a payment fails, we will attempt to process the charge again and may notify you to update your payment information. If payment cannot be collected after reasonable attempts, we reserve the right to suspend or terminate your access to the Service.

4.5 Taxes

All fees are exclusive of applicable taxes, levies, or duties. You are responsible for paying any taxes associated with your use of the Service, except for taxes based on our net income.

4.6 SMS Notifications Program

If you provide a mobile number and opt in during onboarding, you agree to receive automated SMS notifications from NeverMissAI related to calls, leads, appointment activity, and account or service updates.

• Message frequency varies based on call volume and account activity.
• Message and data rates may apply.
• Reply STOP to opt out of SMS notifications at any time.
• Reply HELP for messaging support.
• Consent to receive SMS is not a condition of purchase.

You represent that you are authorized to provide and use any mobile number submitted for notifications.

5. 30-Day Money-Back Guarantee

To be eligible for a refund under this guarantee:

• The refund request must be submitted within 30 calendar days of your initial subscription date;
• This guarantee applies only to the first billing cycle for new customers;
• Refunds will be processed to your original payment method within 5–10 business days.

After the 30-day guarantee period, subscription fees are non-refundable except as required by applicable law.

6. Acceptable Use

You agree to use NeverMissAI only for lawful purposes and in accordance with these Terms. You shall not use the Service to:

• Conduct or facilitate any illegal, fraudulent, or deceptive activity;
• Send or facilitate unsolicited communications, spam, or robocalls;
• Harass, threaten, defame, or intimidate any person;
• Impersonate another person, business, or entity;
• Interfere with or disrupt the Service or its infrastructure;
• Attempt to gain unauthorized access to any part of the Service or its systems;
• Use the Service in any manner that violates applicable telecommunications regulations;
• Transmit any viruses, malware, or harmful code through the Service;
• Use the Service for emergency or life-threatening communications (e.g., as a substitute for 911 or similar emergency services);
• Resell, redistribute, or sublicense the Service without our prior written consent.

We reserve the right to suspend or terminate your account immediately and without notice if we determine, in our sole discretion, that you have violated this Acceptable Use policy.

7. AI Limitations & Disclaimers

You acknowledge and agree that:

• AI may make mistakes. The AI agent may misunderstand callers, provide inaccurate information, fail to capture details correctly, or otherwise produce imperfect results. You are responsible for reviewing call logs and following up as needed.
• Not a replacement for human staff. NeverMissAI is designed to supplement, not replace, human communication. Critical or complex inquiries should be handled by qualified personnel.
• Not an emergency service. NeverMissAI is not a substitute for emergency services (911, poison control, etc.). The Service should never be used as a primary point of contact for emergencies.
• No guaranteed outcomes. We do not guarantee that the AI will answer every call, book every appointment, or capture every message without error.
• Dependence on information provided. The quality of the AI's responses depends on the accuracy and completeness of the business information, scripts, and instructions you provide during setup and configuration.
• Continuous improvement. AI models and capabilities are updated periodically. While we aim to improve the Service over time, updates may occasionally change how the AI handles certain situations.

SwiftAppLab shall not be liable for any damages, losses, or missed opportunities arising from the AI's errors, omissions, or limitations.

8. Call Recording Consent

8.1 Recording Policy

Calls handled by NeverMissAI may be recorded for the following purposes:

• Providing you with call transcripts and summaries;
• Quality assurance and service improvement;
• Dispute resolution and compliance.

8.2 Your Consent

By using NeverMissAI, you consent to the recording of all calls processed through the Service.

8.3 Your Responsibility to Callers

You are solely responsible for complying with all applicable federal, state, and local laws regarding call recording and caller notification. Many jurisdictions require one-party or all-party consent for call recording. It is your obligation to:

• Understand the call recording consent requirements in your jurisdiction and the jurisdictions of your callers;
• Configure appropriate disclosure messages or scripts within the Service to inform callers that calls may be recorded;
• Ensure that your use of call recording features complies with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), state wiretapping statutes, and GDPR (if applicable).

SwiftAppLab shall not be liable for your failure to comply with call recording laws.

9. Intellectual Property

9.1 Our Intellectual Property

The NeverMissAI service, including its software, AI models, algorithms, user interface, branding, documentation, and all related intellectual property, is owned by SwiftAppLab and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you ownership of or any license to our intellectual property beyond the limited right to use the Service as a subscriber.

9.2 Your Business Data

You retain all rights to the business information, scripts, call data, and other content you provide to or generate through the Service ("Your Data"). By using the Service, you grant SwiftAppLab a limited, non-exclusive license to use Your Data solely for the purpose of providing and improving the Service.

9.3 Feedback

If you provide suggestions, ideas, or feedback regarding the Service, you grant SwiftAppLab a perpetual, royalty-free, worldwide license to use and incorporate such feedback without obligation to you.

10. Data & Privacy

Your privacy is important to us. Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to the collection and processing of data as described in our Privacy Policy, including:

• Call recordings, transcripts, and metadata;
• Caller information (phone numbers, names, messages);
• Your business information and configuration data;
• Account and billing information;
• Usage analytics and service performance data.

We implement commercially reasonable security measures to protect your data, but no method of transmission over the internet or electronic storage is 100% secure.

11. Third-Party Services

NeverMissAI integrates with and relies on the following third-party services to deliver its functionality:

• Twilio — Telephony infrastructure for call routing and phone number provisioning;
• Vapi — Voice AI platform for conversational AI processing;
• ElevenLabs — AI voice synthesis for natural-sounding speech;
• Stripe — Payment processing for subscriptions and billing;
• Google Calendar — Calendar integration for appointment scheduling.

Your use of the Service may be subject to the terms and privacy policies of these third-party providers. We are not responsible for the practices, availability, or performance of third-party services. Changes or outages in third-party services may affect the functionality of NeverMissAI, and we shall not be liable for any such disruptions.

12. Service Availability

We strive to provide reliable, 24/7 service availability. However, you acknowledge that:

• The Service is provided on a "best effort" basis and we do not guarantee 100% uptime;
• The Service may experience downtime due to maintenance, updates, third-party outages, or unforeseen technical issues;
• We will make commercially reasonable efforts to notify you of planned maintenance in advance;
• We are not liable for any losses or damages resulting from service interruptions, regardless of cause.

In the event of extended or recurring outages that materially affect the Service, we may, at our sole discretion, offer service credits or prorated refunds.

13. Limitation of Liability

13.1 Disclaimer of Warranties

To the maximum extent permitted by law, SwiftAppLab disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

13.2 Limitation of Damages

To the maximum extent permitted by applicable law, in no event shall SwiftAppLab, its officers, directors, employees, agents, or affiliates be liable for any:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, business opportunities, or goodwill;
• Cost of procurement of substitute services;
• Damages arising from missed calls, incorrect information provided by the AI, scheduling errors, or failed notifications;

regardless of the cause of action or theory of liability, even if SwiftAppLab has been advised of the possibility of such damages.

13.3 Maximum Liability

Our total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the total fees you have paid to SwiftAppLab during the three (3) months immediately preceding the event giving rise to the claim.

13.4 Essential Basis

You acknowledge that the limitations of liability in this section are an essential element of the agreement between you and SwiftAppLab and that the Service would not be offered at its current price without these limitations.

14. Indemnification

You agree to indemnify, defend, and hold harmless SwiftAppLab and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service;
• Your violation of these Terms;
• Your violation of any applicable law or regulation, including call recording and telecommunications laws;
• Your violation of any third party's rights;
• Any content or information you provide through the Service;
• Any claims by callers or third parties related to calls handled by the Service on your behalf.

This indemnification obligation shall survive the termination of these Terms and your use of the Service.

15. Termination

15.1 Termination by You

You may cancel your subscription at any time by contacting us at hello@swiftapplab.com or through your account dashboard. Cancellation must be submitted at least 30 days before your next billing date. Your access to the Service will continue until the end of your current paid billing period.

15.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, including but not limited to:

• Violation of these Terms or the Acceptable Use policy;
• Non-payment of fees;
• Fraudulent or illegal activity;
• Actions that pose a risk to the Service, other users, or third parties;
• Discontinuation of the Service (with reasonable notice).

15.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately (or at the end of your paid period, if applicable);
• Your phone number and AI receptionist will be deactivated;
• We will retain your call data and account information for a period of 90 days following termination, during which you may request an export of Your Data;
• After the 90-day retention period, we may permanently delete Your Data from our systems;
• Sections of these Terms that by their nature should survive termination (including Limitation of Liability, Indemnification, and Governing Law) shall continue to apply.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page;
• Notify you via email or through the Service at least 30 days before material changes take effect;
• Post the revised Terms on our website.

Your continued use of the Service after the effective date of any changes constitutes acceptance of the revised Terms. If you do not agree with the changes, you must cancel your subscription before the changes take effect.

17. Governing Law & Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

17.2 Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Texas.

17.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of any class, consolidated, or representative action.

17.4 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17.5 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and SwiftAppLab regarding your use of the Service and supersede all prior agreements, understandings, or representations.

18. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

• Email: hello@swiftapplab.com
• Website: swiftapplab.com

We aim to respond to all inquiries within 2 business days.