Terms of Service
Last Updated: December 1, 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.
Important: This agreement includes arbitration and dispute resolution terms in Section 12. Please review that section to understand how any disagreements would be resolved.
1. THE SERVICES
What We Provide
Choopil is an AI phone answering service that handles inbound calls, takes messages, schedules appointments, and provides call transcripts and analytics.
What to Expect
The Services use AI technology, which means:
• AI responses may be inaccurate or unexpected
• Appointments may be scheduled incorrectly (wrong time, double-bookings)
• Messages may be incomplete or contain errors
• Service availability isn't guaranteed
• Features may change or be discontinued
EMERGENCY SERVICES LIMITATION
THE SERVICES ARE NOT DESIGNED OR INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES (E.G., 911, E911, OR SIMILAR SERVICES). CHOOPIL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES CAN BE USED TO CONTACT EMERGENCY SERVICES. YOU ARE SOLELY RESPONSIBLE FOR MAKING ALTERNATIVE ARRANGEMENTS FOR ACCESS TO EMERGENCY SERVICES AND FOR INFORMING YOUR CALLERS THAT EMERGENCY CALLS CANNOT BE PLACED THROUGH THE SERVICES. CHOOPIL SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM THE INABILITY TO USE THE SERVICES TO CONTACT EMERGENCY SERVICES.
Service Availability
We do not guarantee any specific uptime, availability, or service level agreement (SLA). The Services may be unavailable due to scheduled maintenance, system outages, carrier or third-party provider issues, or circumstances beyond our control. We are not liable for any downtime, service interruptions, or resulting business impacts.
Your Responsibility
You should verify important information, especially appointments and critical messages.
Geographic Scope
The Services are intended for use in the United States only. You may not make the Services available to callers in other jurisdictions. If you use the Services from outside these regions, you do so at your own risk and are responsible for compliance with local laws.
Telephone Numbers
If we provide or host a telephone number for you:
• The number remains the property of Choopil or our carrier; you have no ownership, proprietary, or vested interest in any telephone number
• We may change or reassign numbers for regulatory or operational reasons with reasonable notice (typically 30 days)
• Upon termination, we may release the number and it will become unavailable
• Released numbers may be reassigned to other customers
• Carrier fees may apply for porting
• We are not liable for any claims, losses, or damages arising from telephone number changes, reassignments, or unavailability
2. YOUR ACCOUNT
Eligibility
You must be 18+ and using this for legitimate business purposes.
Accurate Information
Provide truthful account information and keep it current.
Account Security and Responsibility
You're responsible for:
• Safeguarding your account credentials
• All activity under your account, including actions by your employees, contractors, or any users to whom you grant access
• Ensuring all users comply with these Terms
• Immediately notifying us at support@choopil.com of any unauthorized access
You are responsible for all activity under your account, except to the extent such activity results directly from: (a) unauthorized access caused by our failure to maintain reasonable security measures; or (b) actions taken by Choopil employees or agents without your authorization.
• Business license or registration
• Tax identification number (EIN)
• Photo identification
• Proof of caller consent for messaging or recording
• Other documentation we deem necessary
You must provide requested documentation within five (5) business days. Failure to provide adequate verification may result in immediate account suspension or termination without refund.
Business Verification
We reserve the right to verify your business status, identity, and compliance at any time by requesting documents including:
3. PRICING & PAYMENT
Subscription
Monthly subscription, auto-renews unless you cancel. Usage beyond your plan limits incurs overage charges.
Payment
By providing payment info, you authorize us to charge subscription fees, overages, and applicable taxes.
Price Changes
We may change subscription fees at any time. Increases take effect on your next renewal after at least 30 days' advance notice (via email or in-product notice). We do not guarantee prior or "grandfathered" rates. If you do not agree to the new pricing, you must cancel before renewal pursuant to our cancellation terms. Continued use or renewal after the notice period constitutes acceptance.
No Refunds
All payments are non-refundable - no refunds for partial months, cancellations, or unused features. However, if the Services are substantially unavailable for more than 72 consecutive hours due to issues within our control, you may request a pro-rata service credit for the affected period by contacting support@choopil.com within 30 days of the outage.
Late Payments
Overdue amounts accrue 1.5% monthly interest. We may suspend service for non-payment.
Taxes
All fees are exclusive of taxes. You are responsible for all sales, use, VAT, GST, excise, telecommunications taxes, and similar charges imposed by any governmental authority (excluding only our income taxes). We may invoice taxes separately or adjust invoices for tax true-ups as required by law. You agree to provide any required tax documentation (such as resale certificates or exemption certificates) upon request.
Chargebacks and Payment Disputes
Contact us at support@choopil.com to resolve billing issues before initiating a chargeback. If you file a chargeback without doing so, we may suspend your account; you remain responsible for valid charges; you must reimburse any chargeback/retrieval fees (typically $25 or our actual cost, whichever is greater) and reasonable collection costs; we may terminate accounts for abusive or fraudulent disputes; and reinstatement may require payment of all amounts due (plus any reinstatement fee). Billing concerns must be raised within 30 days of the invoice date.
To dispute a charge or request clarification, please contact support@choopil.com before contacting your bank. We will review and respond in good faith and, if appropriate, issue a credit or refund.
4. ACCEPTABLE USE
Don't use the Services to:
• Violate any laws or regulations
• Infringe on anyone's intellectual property
• Harass, threaten, or harm others
• Send spam or make illegal robocalls
• Impersonate anyone
• Provide regulated professional services without proper licensing
• Process communications involving children under 13 without proper authorization (COPPA compliance)
• Damage our reputation or systems
• Debt collection
• Payday lending or high-interest lending
• Cannabis businesses (where federally illegal)
• Adult services or sexually explicit content
• Multi-level marketing (MLM) or pyramid schemes
• High-pressure sales tactics
• Counterfeit goods or services
• Any business engaged in predatory, deceptive, or harmful practices
We may suspend or terminate service immediately for such uses, with or without prior notice, at our sole discretion.
"Unlimited" Plans
Plans designated as "unlimited" are designed for typical small business call volumes. If your usage consistently exceeds typical business patterns of 500 calls/month, we will contact you to discuss plan options, including our Enterprise plan. If you do not respond or decline to migrate within 14 days of our formal notice, we may terminate service with 14 days' additional notice.
No Reselling
You may not resell, sublicense, redistribute, or white-label the Services without our express written permission. The Services are licensed solely for your internal business use.
Prohibited Industries and Right to Refuse Service
We reserve the right, at our sole discretion, to refuse service to any business, industry, or use case we deem high-risk or inappropriate, including but not limited to:
Age Restrictions
The Services are not intended for individuals under 18. You must not knowingly use the Services to interact with callers under 13 years of age without complying with COPPA (Children's Online Privacy Protection Act). You represent that you will obtain any required parental consent and comply with all applicable laws regarding minors.
5. CALL RECORDING
Recording Features
When enabled, calls are recorded and transcribed. We provide a standard notice like "This call may be recorded."
Your Responsibility
You're solely responsible for:
• Complying with all recording laws in your jurisdiction and where callers are located
• Understanding two-party consent states (CA, FL, PA, IL, MA, CT, MD, MT, NH, WA, etc.) where ALL parties must consent
• Determining if our standard notice is sufficient or if you need additional consent
• Disabling recording where it's not allowed
We're Not Liable
You indemnify us for any claims, fines, or penalties related to recording violations.
6. YOUR COMPLIANCE OBLIGATIONS
You're Responsible
You're solely responsible for complying with all laws applicable to your business - including industry-specific regulations.
No Specialized Compliance
Our standard Services don't provide HIPAA, PCI-DSS, FERPA, GDPR, or other specialized compliance. If you're in a regulated industry, you use the Services at your own risk.
Prohibited Data
Do not intentionally transmit:
• Payment card information (credit/debit card numbers, CVV codes, magnetic stripe data)
• Government identifiers (Social Security Numbers, driver's licenses, passports, tax IDs)
• Health information (medical records, diagnoses, treatment information)
• Financial account numbers or banking credentials
• Authentication credentials (passwords, PINs, security codes, API keys)
Inadvertent mention during calls does not violate this provision, but you should instruct callers not to provide such information and should disable recording if they do.
7. CALLER PAYMENTS
If you use the Services to collect payment information from callers (for example, to secure appointments or collect service fees):
Payment Processor
We do not process payments. Payment processing is handled by your third-party payment processor (such as Stripe, Square, or similar).
Your Responsibility
You are solely responsible for:
• Obtaining required authorizations from callers to collect their payment information
• Complying with PCI-DSS and all payment card industry standards
• Your payment processor's terms and conditions
• Ensuring your payment processor keeps payment information secure
• Any disputes, chargebacks, or issues with caller payments
We Never Access Payment Data
We never have possession of, access to, or control over payment card information. All payment data flows directly between the caller and your payment processor.
8. DATA & PRIVACY
What We Collect
We collect and store call recordings, transcripts, metadata, and usage data.
Your Data Ownership
As between you and Choopil, you retain all ownership rights to your business information, call content, and customer data you provide to or generate through the Services ("Your Data"). We do not claim ownership of Your Data, but you grant us the licenses described below.
How We Use It
You grant us a worldwide, non-exclusive, royalty-free license to use Your Data to:
• Provide and improve the Services
• Train and enhance our AI models (including human review and sharing with third-party AI providers)
• Create analytics and insights
• Ensure security and prevent abuse
• Comply with legal obligations
AI Training Opt-Out
If you do not wish your call data to be used for AI training purposes, you may request an opt-out by emailing support@choopil.com with the subject line "AI Training Opt-Out." Opt-out requests will be processed within thirty (30) days. Opting out may limit certain personalization features and does not apply to data already processed prior to your opt-out request or to anonymized/aggregated data.
Data Retention Period
Anonymized and aggregated data may be retained indefinitely.
Data Export
You can request a data export within 30 days of cancellation.
Security and Data Breach Notification
We maintain reasonable administrative, technical, and physical security measures appropriate to the nature of the Services. However, no security system is impenetrable. If we confirm a security incident that compromises the confidentiality, integrity, or availability of Your Data, we will notify you without undue delay (and within timeframes required by applicable law). You remain responsible for notifying your callers, customers, or other affected parties as required by applicable data breach notification laws.
Privacy Policy
See our Privacy Policy at choopil.com/privacy for more details.
9. INTELLECTUAL PROPERTY
Choopil Intellectual Property
Choopil and its licensors retain all right, title, and interest in and to the Services, including all underlying technology, software, algorithms, AI models, user interfaces, designs, documentation, and all improvements, modifications, and derivative works thereof, together with all intellectual property rights therein. Nothing in this Agreement transfers any ownership rights to you.
Feedback
Any feedback, suggestions, ideas, or recommendations you provide regarding the Services ("Feedback") may be used by Choopil without restriction, attribution, or compensation. You hereby assign to Choopil all right, title, and interest in any Feedback.
Your License
Subject to your compliance with this Agreement, Choopil grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during your active subscription solely for your internal business purposes.
10. LIABILITY LIMITS
EXCLUSION OF DAMAGES
IN NO EVENT SHALL CHOOPIL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION: (A) LOSS OF PROFITS, REVENUE, OR BUSINESS; (B) LOSS OF DATA OR USE OF DATA; (C) BUSINESS INTERRUPTION; (D) REGULATORY FINES OR PENALTIES; (E) REPUTATIONAL HARM; (F) PROCUREMENT OF SUBSTITUTE SERVICES; OR (G) ANY OTHER INTANGIBLE LOSSES, EVEN IF CHOOPIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIABILITY CAP
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO CHOOPIL IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
EXCEPTIONS
THE LIMITATIONS IN THIS SECTION 10 DO NOT APPLY TO: (A) YOUR PAYMENT OBLIGATIONS UNDER SECTION 3; (B) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11; OR (C) LIABILITY ARISING FROM A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHOOPIL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION (A) IMPLIED WARRANTIES OF MERCHANTABILITY, (B) FITNESS FOR A PARTICULAR PURPOSE, (C) TITLE, (D) NON-INFRINGEMENT, (E) ACCURACY, COMPLETENESS, OR RELIABILITY OF CONTENT, (F) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, AND (G) THAT ANY DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. YOUR RESPONSIBILITY FOR CLAIMS
Your Indemnification Obligation
You shall indemnify, defend, and hold harmless Choopil and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of this Agreement; (c) your violation of any applicable law or regulation, including TCPA, recording consent laws, and industry-specific regulations; (d) your violation of any third-party rights, including intellectual property or privacy rights; (e) any content or data you transmit through the Services; or (f) disputes with your callers or customers.
Indemnification Procedures
Upon receipt of notice of any claim subject to indemnification: (a) the indemnified party shall promptly notify the indemnifying party in writing; (b) the indemnifying party shall have sole control of the defense and settlement, provided no settlement admits liability on behalf of the indemnified party without written consent; and (c) the indemnified party shall provide reasonable cooperation at the indemnifying party's expense.
12. ARBITRATION & DISPUTES
Governing Law
Delaware law applies, excluding conflict of law principles. The Federal Arbitration Act governs all arbitration matters.
Informal Resolution First
Before formal proceedings, contact us at support@choopil.com to attempt resolution within 30 days.
Arbitration Required
Any disputes must be resolved through individual arbitration administered by JAMS under its applicable rules, with proceedings held in Delaware.
JURY TRIAL WAIVER
YOU AND CHOOPIL EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES.
CLASS ACTION WAIVER
YOU AND CHOOPIL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. UNLESS BOTH YOU AND CHOOPIL AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDING.
Time Limit on Claims
Any claim arising from this Agreement must be filed within one (1) year after the claim arose, or such claim is permanently barred.
Exceptions
Either party may bring an individual claim in small claims court if it qualifies under that court's jurisdictional limits (typically claims under $10,000 or $12,500 depending on jurisdiction) and remains in small claims court. If removed to another court, the arbitration requirement applies.
13. TERMINATION
By You
Cancel anytime through your dashboard. Effective end of billing period.
By Us
We may suspend or terminate immediately for breach, non-payment, illegal activity, or suspected fraud. We may also terminate with 30 days' notice for any reason.
What Happens
Access ends, you still owe any unpaid charges, and we may delete your data after 30 days (subject to the data export window described in Section 8).
Survival
The following provisions survive termination and remain in effect: Sections 3 (Pricing & Payment), 5 (Call Recording), 6 (Your Compliance Obligations), 7 (Caller Payments), 8 (Data & Privacy - regarding data use rights and licenses granted), 9 (Intellectual Property), 10 (Liability Limits), 11 (Your Responsibility for Claims), 12 (Arbitration & Disputes), 14 (Law Enforcement & Investigations), and 15 (General Provisions), as well as any other provisions that by their nature should survive.
Plan Migration
We may require migration to an Enterprise plan if your usage exceeds typical business volumes. Process: (1) initial outreach with upgrade options, (2) formal written notice if no resolution within 7 days, (3) 14 days to upgrade or respond, (4) termination with 14 days' notice if you decline. Total notice period: minimum 28 days from first formal notice.
14. LAW ENFORCEMENT & INVESTIGATIONS
Cooperation with Authorities
We reserve the right to cooperate with law enforcement, regulatory bodies, or authorized third parties in investigating suspected illegal, fraudulent, or abusive activity related to the Services. This may include:
• Disclosing information about your account and usage
• Providing call records, transcripts, and metadata
• Responding to subpoenas, court orders, or lawful requests
• Taking action to prevent ongoing violations
We may take such actions without prior notice to you where permitted or required by law.
15. GENERAL PROVISIONS
Third-Party Services and Dependencies
The Services rely on third-party providers including:
• AI platforms
• Telecommunications carriers and VoIP providers
• Cloud infrastructure and hosting services
• Payment processors
• Other service providers
We do not control these third-party providers and are not responsible for their availability, performance, reliability, security, data practices, or any failures, delays, or errors they cause. You acknowledge that the Services may be affected by third-party provider issues.
Changes to Terms
We may update these Terms at any time. We will notify you of material changes by email to your registered email address and/or by posting a notice in your dashboard at least 30 days before the effective date. Your continued use of the Services after the effective date constitutes acceptance. If you don't agree to the changes, you must stop using the Services and cancel your subscription.
Force Majeure
Neither party is liable for delays or failures in performance resulting from circumstances beyond reasonable control, including but not limited to:
• Carrier or cloud provider outages
• Natural disasters, severe weather, earthquakes, floods, fires
• Pandemics, epidemics, or public health emergencies
• Government actions, laws, regulations, or orders
• Internet or telecommunications failures
• DDoS attacks, cyberattacks, or hacking incidents
• Acts of God, war, terrorism, or riots
• Strikes or labor disputes
If such an event continues for more than thirty (30) days, either party may terminate this Agreement upon written notice.
Beta and Experimental Features
Features designated as "beta," "preview," "experimental," "alpha," or "labs" are provided AS IS without warranties of any kind, may not be fully functional or tested, may contain bugs or errors, may be discontinued at any time without notice, and should not be used for production or critical business operations. We have no obligation to provide support for beta features or to release them to general availability.
Entire Agreement
This Agreement (including all incorporated policies and documents such as our Privacy Policy) constitutes the entire agreement between you and Choopil regarding the Services and supersedes all prior written or oral agreements, proposals, negotiations, or representations. No modification or amendment of any provision is effective unless agreed by both parties in writing. The terms of any purchase order, invoice, or other business form you submit have no effect and are expressly rejected.
No Assignment by You
You can't transfer this Agreement without our written consent. We may assign freely, including in connection with a merger, acquisition, or sale of substantially all our assets.
No Waiver
Our failure to enforce any provision does not waive our right to enforce it later or any other provision. No waiver is effective unless in writing and signed by an authorized representative of Choopil.
Severability
If any provision is held invalid or unenforceable by a court of competent jurisdiction, it will be modified to the minimum extent necessary to make it valid and enforceable, or if that's not possible, severed from this Agreement. All other provisions remain in full force and effect.
Electronic Signatures and Records
By creating an account, clicking "I Agree," or using the Services, you consent to:
• Conducting business with us electronically
• Receiving all agreements, notices, and communications electronically
Electronic signatures have the same legal effect as handwritten signatures.
You may withdraw consent by canceling your account, but this prevents you from using the Services.
Updates and Changes
We may update or modify the Services at any time. Updates become part of the Services and are subject to these Terms.
CONTACT
Choopil, Inc.
support@choopil.com
By using Choopil, you acknowledge you've read and agree to these terms.