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Terms of Service

Terms of Service

Effective Date: June 29, 2025
Website: BigDogCalling.ai
Company Name: Big Dog Calling

BigDogCalling.ai — Terms and Conditions

Company: BigDogCalling.ai (“BigDog”, “we”, “us”, “our”) 
Services: AI-Enabled Inbound and Outbound Telecommunication Services

1. Acceptance of Terms 
By subscribing to, accessing, or utilizing any services rendered by BigDogCalling.ai (the “Services”), you (the “Client”) irrevocably agree to be legally bound by these Terms and Conditions, the Privacy Policy, and all applicable federal, state, and international laws and regulations, including those pertaining to privacy, telecommunications, artificial intelligence deployment, and digital consumer protection. Continued access or use of the Services constitutes ongoing acceptance of these terms in their entirety and supersedes any prior oral or written agreements.

2. Nature of Services 
BigDogCalling.ai offers a comprehensive, enterprise-grade suite of automated and hybrid (AI-human blended) call center functionalities, leveraging proprietary natural language processing and generative AI frameworks. These services are engineered to optimize and execute:
– Customer engagement and lifecycle support
– Omnichannel appointment scheduling and reminder systems
– Lead qualification pipelines and nurturing protocols
– Interactive voice response (IVR)-driven data collection and analysis
– Secure transactional confirmations and chargeback mitigation
– Automated decline salvage workflows and revenue recovery mechanisms

Clients explicitly acknowledge and agree that AI-driven voice agents may operate autonomously, interpret conversational context, and respond with a degree of naturalness and unpredictability inherent to machine learning systems. While every effort is made to minimize inaccuracies or unintended behavior, the dynamic and adaptive nature of artificial intelligence entails the possibility of unforeseen errors, deviations from scripted language, or content misinterpretation. Clients agree that such occurrences do not constitute system failure or breach, but are instead intrinsic to the evolving character of AI technology. These risks may result in miscommunication, user dissatisfaction, or reputational exposure, which the Client accepts as part of the operational landscape.

3. Legal Compliance in Communications 
BigDogCalling.ai asserts compliance with an expansive matrix of regulatory regimes including but not limited to:
– U.S. Telephone Consumer Protection Act (TCPA)
– Telemarketing Sales Rule (TSR)
– Canada’s Anti-Spam Legislation (CASL)
– United Kingdom’s Ofcom and ICO mandates
– Do Not Call (DNC) registries
– Truth-in-Caller-ID Act

Client Responsibilities: Clients are fully and solely responsible for ensuring that all contact data, call scripts, and communication triggers are compliant with applicable laws. BigDog assumes no liability for violations resulting from Client-provided assets or data.

4. Data Processing and Regulatory Framework (GDPR/CCPA/Privacy Laws) 
4.1 Roles: 
Client = Data Controller 
BigDogCalling.ai = Data Processor

4.2 Personal Data Scope: 
Includes, but is not limited to, customer contact data, session metadata, telecommunication logs, voice-to-text transcripts, and AI-generated conversational records.

4.3 Processing Obligations: 
Clients must obtain and document valid legal grounds for processing, including explicit consent where applicable. BigDog operates solely under documented Client instructions and formal Data Processing Agreements (DPAs).

4.4 Cross-Border Data Transfers: 
International transfers shall conform with Standard Contractual Clauses (SCCs), Binding Corporate Rules (BCRs), or equivalent adequacy frameworks. Data centers are geo-redundant and comply with ISO/IEC 27001 standards.

5. Data Retention and Erasure 
– Audio recordings and transcript data retained for up to 90 days unless otherwise contracted
– Metadata and engagement logs maintained for audit and security purposes for up to 12 months
– Deletion, portability, or anonymization requests will be honored within statutory timeframes

6. Data Subject Rights and Transparency 
BigDog shall facilitate Client compliance with data subject access requests (DSARs), rectification, erasure, objection to processing, and data portability. End-user inquiries will be redirected to the Client Data Controller unless otherwise authorized.

7. Confidentiality and Trade Secrets 
Each party agrees to safeguard confidential, proprietary, and personally identifiable information (PII) disclosed under this Agreement. Confidentiality extends beyond the term of the engagement and includes all data, trade secrets, intellectual property, and commercial know-how.

8. Client Duties and Representations 
Clients shall:
– Provide contact data obtained in lawful, transparent, and ethical manners
– Ensure scripts meet regulatory disclosure standards and non-deceptiveness requirements
– Retain robust records of customer consent
– Proactively prevent unlawful, abusive, or misleading use of the Services

9. Restricted Uses and Enforcement Rights 
The following conduct is strictly prohibited:
– Unauthorized robocalling or misrepresentation
– Caller ID falsification, cloaking, or spoofing
– Fraudulent activity, intimidation, or abusive language
– Dissemination of inaccurate or unauthorized content

Violations will result in immediate suspension and potential termination of access to the Services. Furthermore, such breaches may trigger indemnity obligations, third-party claims, and potential regulatory inquiries depending on the jurisdiction of use. For example, knowingly uploading customer data obtained without consent or deploying misleading scripts could constitute a material breach, exposing the Client to liability and resulting in escalated enforcement actions.

10. Oversight, Audit, and Continuous Monitoring 
All inbound and outbound calls, chat logs, and agent performance are monitored via automated and manual quality assurance processes for legal compliance, performance benchmarks, and service integrity. Audit logs are available upon request within retention periods.

11. Limitation of Liability 
To the fullest extent permitted by applicable law, BigDogCalling.ai shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages—including, without limitation, reputational injury, operational disruption, customer loss, regulatory penalties arising from Client’s actions, or damages from temporary unavailability of service. Liability shall in no case exceed the total amount of fees paid by the Client for Services rendered in the six months immediately preceding the event giving rise to the claim.

12. Mutual Indemnity 
Client agrees to indemnify, defend, and hold harmless BigDogCalling.ai, its officers, agents, contractors, and successors against all claims, damages, and liabilities arising from:
– Breach of applicable laws or this Agreement
– Improper or negligent use of Services
– Security violations due to client-side misconfigurations

BigDog reserves the right to seek injunctive relief where reputational damage or intellectual property theft is at stake.

13. Force Majeure Events 
Neither party shall be held liable for any delay or failure in performance resulting from causes beyond their reasonable control, including but not limited to:
– Natural disasters
– Pandemics or public health emergencies
– Labor disputes
– Power outages
– Cybersecurity threats
– Governmental acts

14. Termination, Account Closure, and Data Settlement 
Either party may terminate this Agreement with 30 days’ advance written notice. Upon termination:
– All retained Client data will be returned or permanently deleted within 30 days
– Final billing statements shall be issued immediately
– Any outstanding obligations shall survive termination

15. Binding Arbitration and Waiver of Class Action 
All disputes, controversies, or claims arising from this Agreement shall be resolved exclusively through confidential, binding arbitration before a single neutral arbitrator under the Commercial Arbitration Rules of the AAA. Venue shall be [Insert Jurisdiction].

Clients waive all rights to pursue or participate in any class action, consolidated, or representative proceeding. This waiver serves to streamline dispute resolution and reduce litigation complexities and expenses for all parties involved. By agreeing to arbitration on an individual basis, both BigDogCalling.ai and the Client commit to resolving conflicts more efficiently and privately, without the extended timelines or unpredictability of class litigation.

16. Governing Law and Exclusive Forum 
This Agreement shall be governed by the laws of [Insert State/Country], excluding conflicts of law principles. The courts of [Insert County/State] shall retain exclusive jurisdiction for non-arbitrable disputes.

17. Disclaimers and Warranties 
The Services are delivered “AS IS” and “AS AVAILABLE.” BigDog disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, or accuracy and completeness of AI-generated responses. While our AI systems are designed for high performance and compliance, their responses may evolve based on dynamic inputs and learning frameworks, which may lead to unforeseen variances in interpretation, tone, or decision logic. By using the Services, the Client acknowledges the inherent limitations and unpredictability of artificial intelligence, and agrees that BigDog shall not be held liable for incidental misunderstandings, unintended phrasing, or perceived anomalies arising from AI outputs.

18. Amendments and Change Management 
BigDogCalling.ai retains sole discretion to revise these Terms. Notification of material changes shall be sent via email or announced on our platform. Continued use of Services following amendment constitutes binding acceptance.

19. Notices and Legal Correspondence 
All legal communications shall be sent to: Email: 📧 info@bigdogcalling.ai

Mailing Address: [Insert Physical Address] 

Welcome to Big Dog Calling. By accessing or using our website, you agree to the following Terms of Service. If you do not agree with any part of these terms, please do not use our website.

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