Terms of Service

1. Definitions

• "Account" means your registered account with Simplefly.ai, including any Organization you create or join.

• "Admin" means a user with administrative privileges who can manage Organization settings, billing, and member access.

• "AI Agent" or "Chloe" means the AI-powered receptionist that answers calls, books appointments, and performs other automated tasks on your behalf.

• "Knowledge Base" means the content you upload to customize your AI Agent's responses and capabilities.

• "Member" means a user with limited access who can view information but cannot modify Knowledge Base content or account settings.

• "Organization" means a business entity or group account that may include multiple Admins and Members.

• "We," "us," or "our" refers to Simplefly.ai.

• "You" or "your" refers to the individual or entity using our Services.

2. Eligibility and Account Registration

2.1 Eligibility

Our Services are available to individuals and businesses in Canada and the United States. By using our Services, you represent that you have the legal capacity to enter into a binding agreement.

2.2 Account Creation

To use our Services, you must create an Account. You agree to provide accurate, current, and complete information during registration and to keep this information updated. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

2.3 Organization Accounts

Organizations may have multiple Admins and Members. The Admin who creates the Organization is responsible for all Account activities, including actions taken by other users within the Organization, and for all payment obligations. Admins may add or remove Members and manage their access levels.

3. Services Description

3.1 AI Receptionist Services

Simplefly.ai provides AI-powered receptionist services that answer calls on your behalf, book appointments, filter spam calls, and provide information to callers based on your Knowledge Base content. Our AI Agent operates 24/7 and can be configured to handle all calls or serve as backup when you are unavailable.

3.2 Dashboard and Analytics

You will have access to a dashboard where you can view call recordings, transcripts, analytics, and manage your AI Agent settings and Knowledge Base.

3.3 Calendar Integration

Certain plans include Google Calendar integration, which allows your AI Agent to schedule appointments directly into your calendar. By enabling this feature, you authorize us to access and modify your Google Calendar as necessary to provide the scheduling functionality.

3.4 Service Availability

While we strive to maintain high availability, our Services depend on third-party infrastructure providers. We do not guarantee specific uptime levels. We will make reasonable efforts to notify you of planned maintenance or known service disruptions.

4. Subscription Plans and Pricing

4.1 Plans

We offer the following subscription plans, each with different features and included minutes:

Starter Plan: CAD $49.00 per month, includes 180 minutes, simple AI receptionist setup, spam detection, lead qualifier with warm transfer, custom local phone number, simple onboarding, call analytics dashboard, and 48-hour support turnaround. One-time setup fee: CAD $250.00.

Growth Plan: CAD $99.00 per month, includes 320 minutes, advanced AI receptionist setup, spam detection, lead qualifier with warm transfer, Google Calendar scheduling, multilingual support (English, French, Hindi, Spanish), custom local phone number, complete onboarding, customized analytics dashboard, and 24-hour support turnaround. One-time setup fee: CAD $1,000.00.

Pro Plan: CAD $200.00 per month (plus applicable taxes), includes 800 minutes, professional AI receptionist, custom API access, fully customizable dashboard, integrations with 10+ tools, complete enterprise-ready onboarding, and priority support. One-time setup fee: CAD $1,500.00.

Enterprise Plan: Custom pricing based on discovery and analysis. Includes fully custom solution design, dedicated account manager, weekly calls, custom reporting, permissions, and service level agreements. Implementation typically requires 2-3 months.

4.2 Billing Cycle

Subscriptions may be billed monthly or annually, at your selection. Annual subscriptions receive a 15% discount on the monthly rate. All prices are in Canadian Dollars (CAD) unless otherwise specified. Applicable taxes (GST, PST, HST) are additional.

4.3 Overage Charges

If you exceed the minutes included in your plan, you will be charged CAD $0.32 per additional minute. Overage charges are billed at the end of each billing cycle.

4.4 Setup Fees

Each plan requires a one-time setup fee as specified above. Setup fees are non-refundable and cover the technical configuration and onboarding process for your AI Agent.

4.5 Plan Changes

Upgrades: Upgrading to a higher-tier plan requires a new onboarding process to configure additional features and may incur an additional setup fee. Contact us to initiate an upgrade.

Downgrades: You may request a downgrade to a lower-tier plan at any time. Downgrades will take effect at the start of your next billing cycle. No additional setup fee applies to downgrades.

4.6 Price Changes

Pricing and features are subject to change without notice before you commit to a plan. We will provide at least 30 days' notice of any price increases to existing subscribers, and such changes will take effect at the start of your next billing cycle following the notice period.

5. Payment Terms

5.1 Payment Method

Payments are processed through Stripe. By subscribing, you authorize us to charge your designated payment method for all fees and charges incurred. You agree to maintain valid payment information in your Account.

5.2 Automatic Renewal

Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be charged the applicable subscription fee plus any overage charges from the previous cycle.

5.3 Failed Payments

If a payment fails, we will attempt to process the payment again and notify you of the failure. You will have a 5-day grace period to update your payment information. If payment is not received within 5 days, your Account will be paused and access to the Services will be suspended. If payment remains outstanding for 30 days following the original due date, your Account may be terminated.

6. Refunds and Cancellation

6.1 Subscription Refunds

You may request a refund of your subscription fee within 8 days after payment is processed for that billing period. Refund requests made after this 8-day window will not be honored. To request a refund, contact us at info@simplefly.ai.

6.2 Setup Fee Non-Refundable

One-time setup fees are non-refundable under any circumstances, as they compensate for work already performed to configure your AI Agent and Account.

6.3 Cancellation

You may cancel your subscription at any time through your Account dashboard or by contacting us. Cancellation will take effect at the end of your current billing period, and you will retain access to the Services until that time. No refunds will be provided for partial billing periods, except as described in Section 6.1.

7. User Content and Knowledge Base

7.1 Your Content

You retain ownership of all content you upload to the Knowledge Base or otherwise provide to us ("Your Content"). By uploading Your Content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and display Your Content solely for the purpose of providing the Services to you.

7.2 Content Restrictions

You agree not to upload to the Knowledge Base any content that:

(a) Contains personal health information protected under applicable health privacy laws;

(b) Contains financial account numbers, credit card numbers, or other sensitive financial data;

(c) Contains social insurance numbers, social security numbers, or government identification numbers;

(d) Contains passwords, authentication credentials, or security codes;

(e) Infringes on any third party's intellectual property rights;

(f) Is unlawful, defamatory, obscene, or otherwise objectionable; or

(g) Violates any applicable law or regulation.

7.3 Content Responsibility

You are solely responsible for the accuracy, quality, and legality of Your Content. We do not review or verify the content you upload and are not liable for any errors or inaccuracies in Your Content or the responses generated by your AI Agent based on that content.

8. Call Recording and Privacy

8.1 Recording Disclosure

Our AI Agent automatically discloses to callers that the call is being recorded. This disclosure is made at the beginning of each call in compliance with applicable recording consent laws.

8.2 Access to Recordings

Call recordings are accessible only to the Account owner, authorized users within your Organization, and authorized Simplefly.ai staff for support, quality assurance, and system improvement purposes.

8.3 Privacy Policy

Your use of the Services is also governed by our Privacy Policy, available at simplefly.ai/privacy. The Privacy Policy describes how we collect, use, and protect your information and the information of callers who interact with your AI Agent.

9. Acceptable Use

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

(a) Use the Services in any way that violates any applicable federal, provincial, state, or local law or regulation;

(b) Use the Services to transmit or facilitate the transmission of unsolicited or unauthorized advertising, promotional materials, or spam;

(c) Impersonate or attempt to impersonate Simplefly.ai, a Simplefly.ai employee, another user, or any other person or entity;

(d) Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Simplefly.ai or users of the Services;

(e) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, servers, or networks connected to the Services;

(f) Use the Services to harass, threaten, or defraud others; or

(g) Use any robot, spider, or other automatic device to access the Services for any purpose without our express written permission.

10. Intellectual Property

10.1 Our Intellectual Property

The Services, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Simplefly.ai, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

10.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during the term of your subscription.

11. Third-Party Services

The Services integrate with third-party services, including but not limited to Retell (AI voice technology), Google Calendar, Clerk (authentication), and Stripe (payments). Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or content of any third-party services, and we do not endorse or assume liability for any third-party services.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY RESPONSES GENERATED BY THE AI AGENT. YOU ACKNOWLEDGE THAT AI TECHNOLOGY MAY PRODUCE ERRORS OR INACCURACIES, AND YOU USE THE SERVICES AT YOUR OWN RISK.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIMPLEFLY.AI, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO SIMPLEFLY.AI DURING THE FOUR (4) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Termination

14.1 Termination by You

You may terminate your Account at any time by canceling your subscription through your Account dashboard or by contacting us at info@simplefly.ai.

14.2 Termination by Us

We may terminate or suspend your Account and access to the Services:

(a) Immediately and without notice if you engage in any illegal activity, including but not limited to fraud, money laundering, harassment, threats, or any activity that violates applicable criminal laws;

(b) After providing you with 7 days' written notice and an opportunity to cure, if you breach any other provision of these Terms and fail to remedy such breach within the cure period; or

(c) If required to do so by law or legal process.

14.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. We will retain your data, including call recordings and transcripts, for 30 days following termination, after which it will be deleted from our systems in accordance with our Privacy Policy. You may request a copy of your data prior to deletion.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at info@simplefly.ai to attempt to resolve any dispute informally. We will attempt in good faith to resolve any dispute within 30 days of receiving notice.

15.2 Arbitration

If we are unable to resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be settled by binding arbitration in accordance with the Arbitration Act (Saskatchewan). The arbitration shall be conducted in Saskatoon, Saskatchewan, Canada, in the English language. The decision of the arbitrator shall be final and binding on both parties, and judgment on the award may be entered in any court having jurisdiction.

15.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16. Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to conflict of law principles. Subject to Section 15 (Dispute Resolution), any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in Saskatchewan, Canada, and you consent to the personal jurisdiction of such courts.

17. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by posting the updated Terms on our website and updating the "Effective Date" above. We may also notify you by email. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue your use of the Services.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Simplefly.ai concerning the Services.

18.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

18.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice or consent. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

18.5 Notices

All notices to Simplefly.ai shall be sent to info@simplefly.ai or to Saskatoon, Saskatchewan, Canada. We may send notices to you at the email address associated with your Account. Notices will be deemed delivered upon sending.

18.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19. Contact Information

If you have any questions about these Terms or the Services, please contact us at:

Simplefly.ai

Email: info@simplefly.ai

Phone: 1-888-355-7392

Location: Saskatoon, Saskatchewan, Canada

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.