This Service Agreement ("Agreement") is a binding contract between TavaTrack LLC, a Wyoming limited liability company operated from Massachusetts ("TavaTrack," "we," "us," or "our"), and the contractor business that accepts it ("Customer," "Contractor," "you," or "your"). It governs your subscription to the TavaTrack AI receptionist service and all related products, add-ons, and modules you order.
You accept and become bound by this Agreement when you do any of the following, whichever happens first: (a) check the box or click a button indicating that you agree to this Agreement during checkout or onboarding; (b) complete payment of any setup fee or subscription fee to TavaTrack; or (c) begin using the Service. If an individual accepts this Agreement, that individual represents and warrants that they are at least 18 years old and have the authority to bind the Customer's business to this Agreement.
This Agreement consists of, and incorporates by reference, the following, which together govern your use of the Service:
If there is a direct conflict between this Agreement and the Terms of Service, this Agreement controls for the subject matter it covers. Your Order controls as to the specific products, quantities, and prices you purchased.
This is a master agreement. It applies to the core AI receptionist service and to every add-on, module, bundle, or additional product you subscribe to now or in the future (collectively, the "Service"), including the Reviews add-on, the Website Chat add-on, the Complete bundle, additional phone numbers, additional CRM integrations, and custom escalation rules. Adding or removing a product changes your Order and the fees you owe, but does not require a new agreement; this Agreement governs all of it.
TavaTrack provides an AI-powered voice receptionist that is configured to represent your business and that:
If included in your Order, the Service also provides:
The Service is built on and depends on third-party platforms, including (without limitation) Retell AI (voice AI), Twilio (telephony and SMS), Anthropic (AI processing), Supabase (data storage), n8n (workflow automation), Stripe (billing), and your scheduling/CRM provider (e.g., Jobber, Cal.com). The Service also depends on your own phone carrier, call-forwarding configuration, and internet connectivity, which are outside our control.
The Service is a lead-capture and notification tool. It is not a licensed dispatcher, an answering service staffed by humans, a guarantee of bookings or revenue, or a substitute for your own review of leads and appointments. You remain responsible for following up with callers, confirming appointments, and performing all actual work.
TavaTrack may modify, add, improve, or discontinue features or functionality of the Service from time to time. We will provide reasonable advance notice of any material adverse change to features you actively use, by email and/or in-product notice. TavaTrack is not liable for any modification, suspension, or discontinuation of any feature or functionality of the Service. Your continued use of the Service after such a change constitutes acceptance of it, and your remedy if you do not agree is to cancel under Section 4.
If you are part of an early cohort, founding-customer group, or design-partner program, you acknowledge that the Service is rapidly evolving; that features may change, be added, be temporarily unavailable, or be removed with limited notice; and that you accept a heightened "AS IS" posture as an early adopter. Early-access participation does not entitle you to any service level, feature guarantee, or compensation for changes, and is subject to the disclaimers in Sections 6 and 8 and the liability limits in Section 7.
| Plan | Monthly Price | Minutes Included | Overage Rate |
|---|---|---|---|
| Starter | $297/month | 500 minutes | $0.25/minute |
| Professional | $497/month | 1,000 minutes | $0.25/minute |
| Business | Dynamic — base + included minutes + overage, scoped per Order | As stated in your Order | As stated in your Order |
Pricing shown is current as of the Effective Date and provided for reference. The plans, prices, included minutes, overage rates, and add-on tiers that actually apply to you are those stated in your Order, which controls in the event of any conflict.
"Minutes" refers to AI call-handling time. Minutes reset each billing month and do not roll over. The prices, included minutes, and overage rates that apply to you are those stated in your Order.
| Add-On / Bundle | Price |
|---|---|
| Reviews add-on — Tier 1 | $97/month |
| Reviews add-on — Tier 2 | $147/month |
| Website Chat — Tier 1 (Capture) | $97/month |
| Website Chat — Tier 2 (Capture & Book) | $147/month |
| Complete bundle (Professional + Reviews Tier 2 + Website Chat Tier 2) | $697/month |
| Additional phone number | $75/month each |
| Additional CRM integration | $75/month each |
| Custom escalation rule | $49/month each |
Pricing shown is current as of the Effective Date and provided for reference. The plans, prices, included minutes, overage rates, and add-on tiers that actually apply to you are those stated in your Order, which controls in the event of any conflict.
A Customer on the Complete bundle is not separately charged the standalone Reviews and Website Chat line items.
| Plan | Setup Fee |
|---|---|
| Starter | $500 |
| Professional | $1,000 |
| Business | $1,500 or as scoped in your Order |
The setup fee covers your onboarding call, AI agent configuration, phone-number provisioning, integration setup, system testing, and shadow-period monitoring. The setup fee is non-refundable once onboarding work has begun, including if you later cancel. If we waive the setup fee at the time of sale, no setup fee will be refunded on cancellation, and a waiver for you does not obligate us to waive it for any other customer.
Subscription fees are billed monthly in advance through Stripe, charged to your payment method on file on the monthly anniversary of your start date. Your subscription automatically renews each month (or each year, for annual plans) at the then-current price until you cancel as described in Section 4. By providing a payment method, you authorize us to charge it on a recurring basis for all fees you owe, including subscription fees, add-ons, and overage.
Two-step billing. Your setup fee is a one-time charge collected at signup via a Stripe payment link. Your recurring subscription is a separate charge that begins after a brief onboarding/shadow period (typically about two days); that date is your "start date" for renewals. Setup and subscription are billed as distinct charges.
If you exceed the minutes included in your plan, the additional minutes are billed at your plan's overage rate and added to your next invoice. For Business plans, usage and overage are billed as stated in your Order.
You may elect to pay annually and receive the equivalent of one month free (11 months billed for 12 months of service). Annual payments are paid in advance and are non-refundable except where required by law.
When you refer another contractor who becomes a paying subscriber, both you and the referred contractor receive one free month of service applied as a credit to a future invoice. Referral credits have no cash value and may be modified or discontinued on 30 days' notice.
If a charge fails, we may retry the charge and will attempt to collect for a period determined by our payment processor (generally up to approximately two weeks). If payment is not received within that period, we may suspend or deactivate the Service without further notice. Suspension does not relieve you of fees that have accrued.
If you initiate a chargeback or payment dispute for fees you actually owe, we may suspend or terminate the Service and pursue collection of the disputed amount plus any related fees. You agree to contact us at support@tavatrack.com to resolve billing concerns before initiating a chargeback.
Fees are exclusive of taxes. You are responsible for all applicable sales, use, and similar taxes arising from your subscription, other than taxes based on TavaTrack's net income. If we are required to collect such taxes, they will be added to your invoice.
We may change subscription prices with at least 30 days' written notice to your email on file. If you do not cancel before the new price takes effect, you are deemed to accept the new pricing.
The Service is month-to-month (or annual, if you elect the annual option). There is no minimum commitment beyond the current paid period and no cancellation fee.
You may cancel at any time by emailing support@tavatrack.com from the email address associated with your account, or through any cancellation method we make available. To avoid the next charge, your cancellation request must be received before your next billing date. Cancellation takes effect at the end of your current paid period; the Service remains active through that date.
All fees are non-refundable. Subscriptions are billed in advance. If you cancel mid-period, the Service stays active through the end of the period you already paid for, and no refund or proration is issued for unused time. Annual prepayments and setup fees are non-refundable as described above.
We may suspend or terminate the Service, in whole or in part, immediately and without liability if you: (a) fail to pay after the grace period in Section 3.8; (b) breach this Agreement; (c) use the Service in a way that could expose TavaTrack or others to legal liability; or (d) violate the SMS/telephony compliance obligations in Section 5. We may also terminate for convenience on 30 days' notice.
On termination or expiration: your AI receptionist is deactivated; any phone number provisioned by us may be released and reassigned; your right to use the Service ends; and accrued fees remain due. We retain your data for up to 90 days after termination as described in Section 11 and the Privacy Policy, after which it may be permanently deleted. Request any data export in writing before your subscription ends. The following Sections survive termination or expiration of this Agreement: Section 3 (accrued and unpaid fees), Section 6 (AI-Specific Terms), Section 7 (Limitation of Liability), Section 8 (Disclaimer of Warranties), Section 9 (Indemnification), Section 10 (Data, Privacy & Ownership), Section 11 (Intellectual Property), Section 12 (Confidentiality), Section 14 (Third-Party Services), Section 15 (Force Majeure), Section 17 (Assignment, Severability & Entire Agreement), Section 18 (Governing Law & Dispute Resolution), and Section 19 (Notices & Electronic Acceptance), together with any other provision that by its nature should survive.
The Service sends SMS messages and places/receives calls on your behalf. You are solely responsible for ensuring that all such messaging and calling complies with applicable law, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM and equivalent rules, A2P 10DLC registration requirements, and CTIA messaging guidelines.
You represent, warrant, and covenant that, for every phone number to which the Service sends a message or places a call on your behalf (including review-request texts and appointment messages), you have obtained and maintain all legally required consents; you will honor opt-out (STOP) and help (HELP) requests and will not message anyone who has opted out; and your messaging content and frequency comply with law and carrier rules. You will provide accurate information for any A2P 10DLC brand/campaign registration.
The Service records and transcribes calls. Some states require the consent of all parties to record a call. You are responsible for ensuring that call recording in your jurisdiction(s), and your callers' jurisdictions, is lawful, including providing any required notice or obtaining any required consent. You authorize TavaTrack to record and transcribe calls to provide the Service.
TavaTrack provides the messaging tooling but does not verify, and is not responsible for, whether you have the necessary consents or whether your messaging complies with law. Your indemnity in Section 9 expressly covers TCPA, A2P 10DLC, CTIA, call-recording, and related claims.
As part of the Service, you will receive automated SMS notifications from TavaTrack about your account, calls, and leads. By accepting this Agreement and providing your mobile number, you consent to receive these messages.
The Service uses probabilistic AI to answer calls, extract caller information, summarize and score leads, draft messages, and (where enabled) book appointments. AI outputs may be inaccurate, incomplete, or wrong. The AI may mishear a caller, miss or misclassify an emergency, capture an incorrect phone number or address, mis-book or fail to book an appointment, or make statements to a caller that are inaccurate.
You are responsible for reviewing all leads, summaries, and bookings before relying on them, and for confirming appointments with your customers. You should not rely on the AI as the sole record of, or sole means of acting on, any call or booking.
To the maximum extent permitted by law, TavaTrack is not liable for missed calls, missed or mis-captured leads, missed or mis-booked appointments, or any statement, representation, quote, or commitment the AI makes to a caller, whether or not it reflects your business or pricing. The AI's statements to callers are not authorized representations of TavaTrack and do not bind TavaTrack.
The AI is configured to disclose that it is an AI assistant when asked. TavaTrack does not support configurations instructing the AI to deny being artificial.
To the maximum extent permitted by applicable law, TavaTrack's total cumulative liability to you for any and all claims arising out of or relating to this Agreement or the Service, whether in contract, tort (including negligence), strict liability, or otherwise, will not exceed the GREATER of (a) the total fees you paid to TavaTrack in the one (1) month immediately preceding the event giving rise to the claim, or (b) the setup fee you paid to TavaTrack.
In no event will TavaTrack be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost business, lost or missed customers or leads, missed or mis-booked jobs, scheduling errors, loss of goodwill, or business interruption, even if TavaTrack has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case, TavaTrack's liability is limited to the maximum extent permitted by law.
The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. TavaTrack disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.
TavaTrack does not warrant that the Service will be uninterrupted, timely, secure, or error-free; that every call, lead, or booking will be captured or handled correctly; or that the Service will produce any particular number of leads, bookings, revenue, return on investment, or business result. The Service is provided on a commercially reasonable, best-effort basis. There is no service-level agreement (SLA) or uptime guarantee unless one is separately stated in writing in your Order.
You agree to defend, indemnify, and hold harmless TavaTrack LLC and its members, officers, employees, contractors, and agents from and against any claims, demands, actions, liabilities, damages, losses, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your messaging, calling, or call-recording activity, including any TCPA, A2P 10DLC, CTIA, CAN-SPAM, or call-recording/consent claim; (c) any content, data, or information you provide or that the Service handles on your behalf; (d) any claim by your customers, callers, or any third party related to calls, messages, leads, quotes, or bookings handled by the Service for you; (e) your violation of this Agreement or applicable law; or (f) your tax obligations. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.
To provide the Service, we collect and store call recordings and transcripts, caller information (name, phone, address, job details), lead and appointment records, AI summaries and scores, SMS records, and account and usage data. Our handling of this information is described in the Privacy Policy at tavatrack.com/privacy, which is incorporated into this Agreement.
As between you and TavaTrack, you own your business data and your caller/lead data. You grant TavaTrack a non-exclusive, worldwide license to host, process, transmit, and use that data to provide, maintain, secure, and improve the Service and as otherwise permitted by the Privacy Policy. We process caller data on your behalf; you are responsible for the lawfulness of collecting and processing your customers' information.
TavaTrack may create and use de-identified and aggregated data derived from use of the Service (data that does not identify you, your business, or any individual) for any lawful business purpose, including operating, analyzing, and improving the Service. TavaTrack does not sell your personal information or your callers' personal information.
We implement commercially reasonable, best-effort technical and organizational measures to protect data, including encrypted transmission and access controls. No system is perfectly secure, and we do not guarantee absolute security.
We retain your data for the duration of your subscription and for up to 90 days after cancellation, after which it may be deleted. Request any export in writing before your subscription ends.
With respect to the personal information of your callers and customers handled through the Service, you are the controller (the party that determines the purposes and means of processing) and TavaTrack acts as a processor that processes that information on your behalf, in accordance with this Agreement and the Privacy Policy. You are responsible for the lawful basis for collecting and processing your customers' and callers' information and for providing any required notices and obtaining any required consents.
TavaTrack will notify you without undue delay after confirming a security breach that affects your data, and will provide the information reasonably available to us to help you assess and respond to the incident, to the extent permitted by law and consistent with any ongoing investigation.
To provide the Service, TavaTrack engages third-party sub-processors that may process data on our behalf, including (without limitation) Retell AI, Twilio, Anthropic, Supabase, and Jobber. Our use of these and other sub-processors is described in, and governed by, the Privacy Policy. Each sub-processor is engaged under terms requiring appropriate confidentiality and data-protection obligations.
On your written request following termination or expiration, TavaTrack will delete or return your Customer data, subject to any retention period stated in this Agreement or the Privacy Policy and to data we are required or permitted to retain by applicable law, our backup cycles, or to establish or defend legal claims. De-identified and aggregated data created under Section 10.3 is not subject to this deletion obligation.
The Service, including all software, AI agents, prompts, configurations, workflows, templates, models, and documentation, and all intellectual property rights in them, are and remain the exclusive property of TavaTrack or its licensors. You receive a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription, solely for your own trade-contracting business. You retain ownership of your caller data, lead records, and call transcripts as described in Section 10. You will not copy, modify, reverse-engineer, resell, or sublicense the Service except as expressly permitted in writing.
If you provide TavaTrack any feedback, suggestions, ideas, or recommendations regarding the Service, you grant TavaTrack a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and otherwise exploit that feedback for any purpose, without restriction and without any obligation or compensation to you.
TavaTrack may identify you as a customer and use your business name and logo in its website, marketing, and sales materials, and may use non-confidential statements or testimonials you provide. You may opt out of this use at any time by written notice to support@tavatrack.com, after which TavaTrack will discontinue new uses within a reasonable period.
Each party may receive non-public information of the other ("Confidential Information"). Each party will use the other's Confidential Information only to perform under this Agreement and will protect it with at least reasonable care, and will not disclose it except to personnel and service providers with a need to know who are bound by similar obligations, or as required by law. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known to it, or is independently developed. This Section does not limit TavaTrack's rights under Sections 10.2 and 10.3.
You agree not to use the Service: for any unlawful, fraudulent, harassing, or deceptive purpose; to collect information in violation of law; to send messages without required consent; to infringe others' rights; to interfere with or attempt to gain unauthorized access to the Service or its underlying systems; or to resell or provide access to the Service to third parties without our written permission.
The Service depends on third-party providers (including Retell AI, Twilio, Anthropic, Supabase, n8n, Stripe, Jobber, and Cal.com) and on your own phone carrier and forwarding setup. TavaTrack is not responsible or liable for any failure, outage, error, downtime, suspension, price change, or change in functionality of any third-party service or your carrier, even where it interrupts or degrades the Service. Your use of third-party services may also be subject to those providers' own terms.
TavaTrack is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet or telecommunications failures, third-party service outages, cyberattacks, governmental actions, or power failures.
We may update this Agreement from time to time. When we do, we will revise the "Last updated" date and provide notice to active subscribers by email and/or by posting the updated Agreement, at least 14 days before material changes take effect. Your continued use of the Service after the effective date of the change constitutes acceptance of the updated Agreement. If you do not agree to a change, your remedy is to cancel under Section 4.
Assignment. You may not assign or transfer this Agreement without TavaTrack's prior written consent. TavaTrack may assign this Agreement, including in connection with a merger, acquisition, or sale of assets.
Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions stay in full force.
No Waiver. Failure to enforce a provision is not a waiver of it.
Independent Contractors. The parties are independent contractors; this Agreement creates no partnership, agency, or employment relationship.
Entire Agreement. This Agreement, together with your Order, the Terms of Service, and the Privacy Policy, is the entire agreement between the parties about the Service and supersedes all prior discussions and representations.
This Agreement is governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules.
Before starting a formal proceeding, the parties will try in good faith to resolve any dispute by contacting support@tavatrack.com and negotiating for at least 30 days.
Any dispute that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its applicable commercial rules. The arbitration will be conducted remotely by videoconference where practicable, or otherwise at a location the parties mutually agree upon, and Wyoming law (per Section 18.1) governs. The parties waive any right to a jury trial and any right to bring or participate in a class, collective, or representative action. Either party may seek injunctive or equitable relief for intellectual-property or confidentiality matters in a court of competent jurisdiction, and either party may bring a qualifying claim in small-claims court. If the class-action waiver is held unenforceable as to a given claim, that claim will proceed in court rather than arbitration.
Notices to TavaTrack: support@tavatrack.com; or TavaTrack LLC, 30 N Gould St Ste N, Sheridan, WY 82801 (registered agent); or TavaTrack LLC, 8 Fowler Street, Danvers, MA 01923 (business address). Notices to you: the email address associated with your account. Electronic Acceptance. You agree that checking the acceptance box, completing payment, or using the Service constitutes your electronic signature and acceptance of this Agreement, and that this Agreement (and any amendment) may be entered into and recorded electronically. You consent to receive this Agreement and related notices electronically. TavaTrack records the date, time, and version of the Agreement you accept as evidence of your acceptance.
By checking the box indicating agreement, completing payment of a setup or subscription fee, or beginning use of the Service, you acknowledge that you have read, understood, and agree to be bound by this Service Agreement, the Order, the Terms of Service, and the Privacy Policy, including the limitation of liability (Section 7), disclaimer of warranties (Section 8), indemnification (Section 9), and arbitration and class-action waiver (Section 18). Effective Date of this Agreement: June 26, 2026.