Terms of Service

1. Acceptance of Terms

By accessing or using the EJW Voice AI Receptionist platform ("Service"), operated by EJW LLC ("EJW," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms apply to all users of the Service, including business subscribers ("Subscribers"), their employees and agents, and individuals who interact with the Service by calling a Subscriber's AI-powered phone line ("Callers").

2. Service Description

EJW Voice provides an AI-powered voice receptionist that answers phone calls on behalf of Subscribers. The Service includes:

• AI-generated voice responses to inbound phone calls
• Message-taking and delivery to Subscribers
• Call routing and transfer capabilities
• Business knowledge base training
• Call analytics and reporting
• Phone number provisioning

3. Medical Disclaimer

When the Service is used by a healthcare provider:

• The AI receptionist takes messages and routes calls. It does not make clinical decisions.
• All messages taken by the AI are delivered to practice staff for human review and action.
• The licensed healthcare provider ("Subscriber") retains full responsibility for all clinical decisions, patient care, and medical judgment.
• Callers experiencing a medical emergency should call 911 directly. The AI receptionist is programmed to direct callers to 911 in life-threatening situations.
• The Service does not replace qualified medical staff, nurses, or trained medical receptionists for clinical inquiries.

4. AI Disclosure and Transparency

The Service uses artificial intelligence to conduct phone conversations. Callers are informed at the beginning of each call that they are speaking with an AI assistant. By using the Service, Subscribers acknowledge and agree that:

• AI responses may occasionally be inaccurate or incomplete
• The AI may misinterpret caller requests or context
• Subscribers must review messages and call logs to verify accuracy
• EJW is not liable for actions taken or not taken based on AI-generated messages

5. Subscriber Responsibilities

• Maintain accurate and up-to-date business information and knowledge base
• Review and act on messages taken by the AI receptionist in a timely manner
• Comply with all applicable laws and regulations, including HIPAA (for healthcare providers), state recording consent laws, and TCPA
• Not use the Service for any unlawful purpose or in violation of any applicable regulations
• Secure account credentials and notify us promptly of any unauthorized access
• Ensure that any staff with access to the platform are properly trained on data handling

6. HIPAA Compliance (Healthcare Subscribers)

For healthcare Subscribers, the following additional terms apply:

• EJW will enter into a Business Associate Agreement ("BAA") with healthcare Subscribers upon request. The BAA governs the handling of Protected Health Information ("PHI").
• Healthcare Subscribers must not use the Service to transmit PHI until a BAA is in place.
• The AI receptionist applies the Minimum Necessary standard — it collects only the information needed to take a message (name, callback number, reason for call).
• EJW implements reasonable safeguards but does not guarantee HIPAA compliance for the Subscriber's overall practice. Subscribers remain responsible for their own HIPAA compliance program.

7. Payment Terms

General

• Subscription fees are billed in advance through Stripe, either monthly or annually
• All plans include a 14-day free trial. No credit card is required to start a trial.
• There are no overage charges. When a Subscriber reaches their plan's call limit, calls continue to be answered, and the Subscriber is prompted to upgrade to a higher tier.
• Failure to pay may result in suspension of Service after 7 days' notice

Monthly Subscriptions

• Monthly subscriptions may be cancelled at any time through the billing portal
• Cancellation takes effect at the end of the current billing period
• No refunds are issued for partial months

Annual Subscriptions

• Annual subscriptions are billed as a single upfront payment for 12 months of service at a discounted rate (equivalent to 10 months of the monthly price)
• Annual subscriptions are non-refundable. By purchasing an annual plan, you acknowledge and agree that no refunds will be issued for any reason, including early cancellation, dissatisfaction, or change of business circumstances.
• EJW LLC reserves the right to cancel any subscription at any time for violation of these Terms, fraudulent activity, or abuse of the Service. In such cases, no refund will be issued for the remaining term.
• Subscribers may upgrade from an annual plan to a higher tier at any time. The price difference will be prorated for the remaining term.
• Subscribers may not downgrade an annual plan during the commitment period. Downgrades take effect at the next annual renewal date.
• Annual subscriptions auto-renew at the then-current annual rate. Subscribers will be notified at least 30 days before renewal and may cancel auto-renewal at any time before the renewal date.

Billing Disputes

• For billing questions or disputes, contact us at billing@ejwllc.com within 30 days of the charge
• Chargebacks filed without first contacting EJW may result in immediate account suspension

8. Affiliate Program

Subscribers may participate in our 3-tier referral program:

• Level 1 (Direct Referral): 20% recurring commission on the subscription revenue of businesses you directly refer
• Level 2 (Sub-Affiliate): 5% recurring commission on the subscription revenue of businesses referred by your direct referrals
• Level 3 (Extended Network): 2% recurring commission on the subscription revenue of third-level referrals

• Commissions are calculated on product subscription revenue only, not on recruitment
• The referral network is limited to 3 levels maximum
• Commission rates are subject to change with 30 days' notice
• Minimum payout threshold: $50. Payouts are processed weekly.
• Affiliates must complete the required training modules (including FTC compliance) before their referral link is activated
• Affiliates must disclose their affiliate relationship in all marketing materials per FTC guidelines
• EJW reserves the right to terminate affiliate status for violations including spam, misleading claims, cookie stuffing, or failure to disclose the affiliate relationship
• Consequences for violations: first offense = warning, second = suspension, third = permanent termination with forfeiture of unpaid commissions

9. Call Recording

The Service may record calls when enabled by the Subscriber. A disclosure is played at the beginning of each call informing the caller that the call may be recorded. Subscribers are solely responsible for ensuring compliance with their jurisdiction's recording consent laws, including one-party and two-party consent requirements. EJW provides the disclosure mechanism but does not provide legal advice on recording consent requirements.

10. Limitation of Liability

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• EJW DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
• EJW DOES NOT WARRANT THE ACCURACY OF AI-GENERATED RESPONSES OR TRANSCRIPTIONS.
• IN NO EVENT SHALL EJW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE USE OF THE SERVICE.
• EJW'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY THE SUBSCRIBER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
• EJW IS NOT LIABLE FOR ANY CLINICAL DECISIONS, MEDICAL OUTCOMES, OR PATIENT CARE ACTIONS TAKEN OR NOT TAKEN BASED ON MESSAGES OR INFORMATION RELAYED BY THE AI RECEPTIONIST.

11. Indemnification

Subscribers agree to indemnify, defend, and hold harmless EJW LLC, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• The Subscriber's use of the Service
• Clinical or medical decisions made based on AI-relayed messages
• The Subscriber's failure to review or act on messages in a timely manner
• The Subscriber's violation of HIPAA, recording consent laws, or other applicable regulations
• The Subscriber's violation of these Terms

12. Termination

• Either party may terminate the subscription with 30 days' written notice
• EJW may suspend or terminate access immediately for violation of these Terms, fraudulent activity, or non-payment
• Upon termination, Subscribers may request export of their data within 30 days
• After 30 days post-termination, all Subscriber data (including call logs, recordings, and training data) will be permanently deleted
• Phone numbers provisioned through the Service will be released upon termination

13. Dispute Resolution

Any disputes arising from these Terms or the use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of North Carolina. Each party waives the right to participate in a class action lawsuit or class-wide arbitration.

14. Governing Law

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

15. Modifications

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by email or through the platform. Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms.

16. Contact

For questions about these Terms, please contact us at legal@ejwllc.com