Terms of Service

1. Agreeing to these terms

These terms govern your use of the services provided by The Prime Work ("we", "us"). By signing an order form, starting a trial, or using the service, you ("you", the "Customer") agree to them. If you agree on behalf of a company, you confirm you are authorised to bind it.

2. What we provide

We provide AI voice agents that answer, qualify and book calls on your behalf, and 24/7 live chat staffed by human agents assisted by AI. The exact scope, call or message volumes, integrations and price are set out in your order form or plan.

We aim for high availability but do not guarantee uninterrupted service. Telephony, messaging and AI providers occasionally fail, and outages outside our control are not a breach of these terms. Where we commit to a service level in writing, that commitment governs.

3. Your account

You are responsible for keeping your login credentials secure and for everything done under your account. Tell us promptly if you suspect unauthorised access. We may suspend an account where we reasonably believe there is a security risk, non-payment, or a breach of section 5.

4. Your responsibilities

You decide what information your callers and visitors give us and what happens to it. You are responsible for:

• Giving callers any recording notice required in the states your callers are in, and collecting consent where required
• Making sure the information you give the agent, including prices, availability and service area, is accurate
• Holding the licences, insurance and registrations your own industry requires
• Reviewing and confirming bookings the agent creates before relying on them
• The accuracy of any data you push into or pull out of connected systems

5. Acceptable use and calling law

You may not use the service to:

• Make unsolicited marketing or robocalls in breach of the Telephone Consumer Protection Act (TCPA), the FCC's rules on prior express written consent and AI-generated voices, the National Do Not Call Registry, state telemarketing laws, or, for UK contacts, PECR
• Send marketing texts in breach of the TCPA or carrier A2P messaging rules
• Impersonate another person or business, or misrepresent who is calling
• Collect payment card numbers, Social Security numbers, or health information through the agent unless we have agreed a compliant configuration in writing. We do not currently offer a HIPAA-compliant configuration and will not sign a Business Associate Agreement without a separate written arrangement
• Break the law, infringe anyone's rights, or harass anyone
• Reverse engineer, resell or white-label the service without a written agreement permitting it

Recording consent varies by state. Most states require only one party's consent, but California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania and Washington require all parties to consent. You are responsible for meeting the rule that applies to each call. We may suspend or terminate immediately for a serious breach of this section.

6. How the AI behaves

Our agents are AI. They can misunderstand, mishear or answer a question imperfectly, and their output is generated rather than read from a script. Treat what the agent captures as a starting point, not a verified record.

The agent tells callers it is an AI assistant when asked. It will not quote firm prices for work it has not been configured to price, and it will not promise an arrival time you have not confirmed. Bookings it creates are requests for you to confirm unless you configure otherwise.

We are not liable for business decisions you make on the basis of an agent's output, or for a booking, quote or commitment you did not review.

7. Third-party services

The service depends on telephony carriers, AI model providers, hosting providers, and any scheduling or CRM tools you connect. Those providers have their own terms. We are not responsible for their acts or outages, though we will use reasonable efforts to keep the service running through them.

8. Fees and billing

Fees are as stated in your plan or order form and are quoted in US dollars unless the order form says otherwise. Subscriptions are billed in advance and usage above the included allowance is billed in arrears. Fees are exclusive of sales tax, VAT and other taxes, which you pay in addition.

Invoices are due on receipt unless stated otherwise. We may suspend the service on accounts more than 14 days overdue, after giving notice. Fees paid are non-refundable except where the law requires a refund. We may change pricing with 30 days' written notice, effective at your next renewal.

9. Term and cancellation

Plans run month to month unless your order form says otherwise, and renew automatically. Either party may cancel with 30 days' written notice, effective at the end of the current billing period. Either party may terminate immediately for a material breach that is not fixed within 14 days of written notice.

On termination we stop answering your calls, disconnect integrations, and delete your data in line with the retention periods in our Privacy Policy and DPA. Ask for an export before you cancel, since we cannot guarantee recovery afterwards. Removing the call divert from your number is your responsibility.

10. Intellectual property

We own the service, the software, the agent configurations we build, and everything we develop in delivering it. You own your business data, your customer records, and the content of calls and chats made to your business. You grant us the licence needed to process that data to run the service and to improve the accuracy of your agent.

You may not use our name or logo publicly without permission. If you agree to be a reference or case study, that will be confirmed separately in writing.

11. Confidentiality

Each party will keep the other's non-public information confidential and use it only for the purposes of this agreement. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law.

12. Data protection

Our handling of personal information is governed by our Privacy Policy and, where we handle information on your behalf, our Data Processing Agreement, which is incorporated into these terms.

13. Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care. Beyond that, and to the maximum extent the law allows, the service is provided AS IS and AS AVAILABLE, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the agent will never make a mistake, that every call will be captured, or that the service will produce a specific revenue outcome.

14. Liability

Neither party excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded.

Subject to that, and to the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost business, lost goodwill or lost data, even if advised of the possibility. Our total aggregate liability in any 12-month period is capped at the fees you paid us in the 12 months before the claim arose.

Some US states do not allow the exclusion of certain warranties or damages, so parts of sections 13 and 14 may not apply to you.

15. Indemnity

You will indemnify, defend and hold us harmless against claims, damages and reasonable legal fees arising from your breach of section 4 or 5. This expressly includes claims under the TCPA, state telemarketing or recording-consent statutes, or equivalent UK rules, and claims about the accuracy of information you told the agent to give out.

16. Governing law and disputes

The Prime Work is established in the United Kingdom. These terms are governed by the laws of England and Wales, without regard to conflict of law rules, and the courts of England and Wales have exclusive jurisdiction, unless your order form states otherwise.

Nothing in this section removes any right you have under mandatory consumer protection or state law where you live, and it does not prevent either party from seeking injunctive relief in any competent court to protect its intellectual property or confidential information.

Before starting proceedings, each party agrees to raise the dispute in writing and allow 30 days to resolve it informally. If any provision of these terms is unenforceable, the rest stays in force.

17. Changes

We may update these terms. We will give customers at least 30 days' notice of material changes, and continued use after they take effect means you accept them.

Questions: theprimework.co.uk@gmail.com.