Terms of Service

1. Acceptance of Terms

By accessing, registering for, or using Kestrel Voice services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not use our services.

These terms apply to all users, including business owners, authorized account users, administrators, and end-users who interact with your AI agents or public profiles.

2. Service Description

Kestrel Voice provides an AI-powered business communication platform that includes:

2.1 AI Voice Agents

• Automated phone answering and call screening
• AI-powered conversation handling and routing
• Voice transcription and call summaries
• Call recording (with proper consent and disclosure)
• Intelligent call forwarding to designated numbers

2.2 SMS Notification Services

• Transactional text message notifications to account holders
• Missed call alerts and contact inquiry notifications
• Account and billing notifications
• Opt-in required (disabled by default)

2.3 Chat & Messaging

• AI-powered chat interfaces on public profiles
• Real-time messaging between you and contacts
• Chat history and conversation logs
• Multi-channel communication management

2.4 Public Profiles

• Customizable public-facing profile pages
• Contact forms and visitor interaction tools
• QR code generation and sharing features
• Availability scheduling and calendar integration

2.5 Video Communication (Future)

• AI-assisted video calls and conferencing
• Video message recording and playback
• Screen sharing and collaboration tools

3.1 Program Overview

Kestrel Voice offers an optional, opt-in SMS notification service that sends transactional text messages to registered account holders. This service is:

• Transactional only - no marketing or promotional content
• Opt-in required - disabled by default, requires explicit consent
• For account holders only - not for general public or end-customers
• Compliant with TCPA and CTIA guidelines

3.2 Consent Requirements

To receive SMS notifications, you must:

1. Access your account dashboard and navigate to notification settings
2. Toggle "Enable SMS Notifications" to ON
3. Provide a valid U.S. mobile phone number
4. Check the consent box agreeing to receive transactional SMS messages
5. Save your settings to activate the service

By completing this process, you provide express written consent to receive SMS notifications from Kestrel Voice. See our SMS Consent Verification Page for complete opt-in documentation.

3.3 Message Types & Frequency

If opted-in, you may receive:

• Missed call alerts (when your AI agent handles a call)
• Contact form notifications (when visitors submit inquiries)
• Account alerts (billing reminders, security notifications)
• System status updates (service interruptions, maintenance)

Frequency: Message frequency varies based on account activity, typically 1-10 messages per week. High-traffic periods may result in more frequent notifications.

3.4 Fees & Charges

Message and data rates may apply. Kestrel Voice does not charge for SMS notifications, but your mobile carrier may charge for text messages according to your cellular plan. You are responsible for any carrier fees.

3.5 Opt-Out & Cancellation

You may opt-out of SMS notifications at any time by:

• Text STOP: Reply "STOP" to any message from Kestrel Voice
• Dashboard: Disable SMS notifications in your account settings

Opting out is immediate and free. You will receive a confirmation message.

3.6 SMS Data Usage

3.7 Help & Support

For SMS assistance: Reply "HELP" to any message, or visit our SMS Consent page or contact form.

4. AI Services & Voice Agent Terms

4.1 AI Disclosure

When callers interact with your Kestrel Voice AI agent, they will be informed that they are speaking with an AI system. This disclosure is automatic and complies with applicable regulations regarding AI-human interaction transparency.

4.2 Call Recording & Consent

All calls handled by Kestrel Voice AI agents may be recorded for:

• Quality assurance and service improvement
• Training and improving AI models
• Generating transcripts and summaries
• Legal compliance and dispute resolution

You acknowledge and agree that:

• You are solely responsible for obtaining recording consent from all call participants
• You represent that you have the legal authority to consent to recording on behalf of all parties
• Kestrel Voice provides disclosure tools but does not verify consent
• You agree to comply with one-party and two-party consent state laws
• You indemnify Kestrel Voice against claims arising from unauthorized recordings
• Kestrel Voice does not monitor or enforce compliance with recording laws

Kestrel Voice provides default recording notifications, but you must configure them appropriately for your location and industry.

4.3 AI Accuracy & Limitations

While Kestrel Voice AI agents are designed to handle conversations accurately, AI technology has limitations:

• AI responses may occasionally be inaccurate or inappropriate
• Complex requests may not be handled correctly
• Emergency calls should always be routed to human operators
• You are responsible for reviewing AI interactions and following up appropriately

5. Your Obligations & Prohibited Uses

5.1 Acceptable Use

You agree to use Kestrel Voice services only for lawful business purposes. You must not:

• Violate any laws, regulations, or third-party rights
• Send unsolicited marketing or spam messages
• Harass, threaten, or abuse others
• Impersonate others or misrepresent your identity
• Interfere with or disrupt our services
• Attempt to gain unauthorized access to systems
• Use services for illegal telemarketing or robocalling

5.2 Regulatory Compliance

You are responsible for complying with all applicable laws, including but not limited to:

• TCPA: Telephone Consumer Protection Act
• TSR: Telemarketing Sales Rule
• CALEA: Communications Assistance for Law Enforcement Act
• State recording laws: One-party vs. two-party consent jurisdictions
• Industry-specific regulations: HIPAA (healthcare), GLBA (financial), etc.

6. Payment & Billing

Kestrel Voice operates on a subscription and usage-based pricing model:

• Monthly or annual subscription fees for platform access
• Credit-based usage for phone calls, SMS, and AI processing
• Additional charges for premium features and add-ons

All payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for applicable fees. Failure to pay may result in service suspension or termination.

7. Termination

Either party may terminate this agreement:

• You: Cancel your account at any time through your dashboard
• Us: Suspend or terminate accounts that violate these terms or engage in prohibited activities

Upon termination, your access to services will cease, but we may retain data as required by law or for legitimate business purposes (e.g., billing records, legal compliance).

8. Limitation of Liability

9. Indemnification

You agree to indemnify, defend, and hold harmless Kestrel Voice, TheHomeFlipping LLC, and our affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use or misuse of our services
• Your violation of these terms or applicable laws
• Your content or interactions with third parties
• Regulatory violations or non-compliance

10. Changes to Terms

We may update these Terms of Service from time to time. We will notify you of material changes via:

• Email to your registered address
• In-app notifications in your dashboard
• Prominent notice on our website

Continued use of services after changes become effective constitutes acceptance of the new terms.

11. Contact Information