Terms of Service

Last updated: November 2025

These Terms of Service (the "Agreement") are a contract between you and Wellspoken, Inc.

This Agreement governs your use of Wellspoken's products and services and all other aspects of your commercial relationship with Wellspoken.

By using or continuing to use Wellspoken's products and/or services, you agree to each of the terms and conditions below.

1. Use of Services

In exchange for the payments associated with the plan you've selected, Wellspoken will make its live call answering services (the "Services") available to you in accordance with this Agreement and the plan's terms shown in your confirmation email.

You agree to:

Use the Services solely for lawful business or professional purposes.
Follow Wellspoken's policies as they may change from time to time.
Not sell, transfer, license, or otherwise make the Services available to any third party without Wellspoken's written consent.

You acknowledge that some Service features may change, with or without notice.

All software and systems used to deliver the Services remain the exclusive property of Wellspoken.

2. Account Access and Credentials

After sign-up, you will receive credentials (a username and password) to access the Services (your "Credentials").

You are solely responsible for safeguarding your Credentials and authorize Wellspoken to provide access to anyone presenting them.

Wellspoken may offer integrations with other products or services that require separate credentials.

By providing those credentials to Wellspoken, you authorize their use for any purpose reasonably related to the provision of the Services.

3. Permissions and Call Handling

To deliver the Services, you authorize Wellspoken to:

Patch calls from third parties to your provided telephone number(s).
Create and maintain written records of messages taken on your behalf.
Send message notifications (including contents and related details) to your provided email or phone number(s).
Collect, store, and use for business purposes the information you provide.
Listen to and record calls or voice interactions for operational purposes.
Contact you using any provided email, phone number, or other contact method.
Take other actions reasonably necessary to deliver the Services.

You agree to promptly notify Wellspoken in writing if any of your contact details should no longer receive patched calls or notifications.

You are solely responsible for obtaining all required permissions from:

Your employees, agents, and others who use or interact with the Services on your behalf.
Any third parties who may use the Services to contact you.

4. Billing and Payment

You agree to pay:

The monthly charge(s) associated with your selected plan for each whole or partial month during which this Agreement is in effect.
Any applicable taxes, duties, or additional payments required by law.

If you exceed your allotted minutes, you will be billed for all additional usage at your plan's overage rate.

Chargeable time includes all time spent by Wellspoken's agents answering calls or performing work on your behalf (including hold time and call forwarding).

Invoices will be sent to your primary email address on file.

If you have provided payment details (e.g., credit card or ACH), you authorize Wellspoken to charge your method for monthly invoices and overage charges automatically.

You must update payment details promptly if they change and confirm you are legally authorized to use the provided payment method.

5. Term and Termination

This Agreement will continue on a month-to-month basis until terminated by either party.

It will remain in effect for a minimum of 90 calendar days.

After this period, either party may terminate at any time, for any reason, upon written notice.

Wellspoken may also terminate immediately if it determines you have violated this Agreement or any applicable policy.

The following sections survive termination:

Disclaimer of Warranties, Remedies, and Indemnification and Miscellaneous.

6. Disclaimer of Warranties, Remedies, and Indemnification

6.1 Warranties

The Services are provided "as is", with all faults, and without any warranty of any kind, whether express or implied, including any warranty of merchantability or fitness for a particular purpose.

Wellspoken does not guarantee error-free operation or uninterrupted availability of the Services.

6.2 Limitation of Liability

Wellspoken's total liability for all claims arising out of this Agreement will not exceed the amount paid by you to Wellspoken during the 12 months prior to the event giving rise to the claim.

In no event shall Wellspoken be liable for indirect, incidental, or consequential damages, including lost profits or goodwill.

6.3 Indemnification

You agree to indemnify, defend, and hold harmless Wellspoken from all claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from any act, omission, or breach of this Agreement by you, your employees, or your agents.

7. Miscellaneous

This Agreement supersedes all prior agreements between you and Wellspoken regarding its subject matter.

Except for plan-specific pricing or usage terms, this document constitutes the full and final Agreement between you and Wellspoken.

Wellspoken provides Services as an independent contractor. Nothing in this Agreement creates a partnership, joint venture, or employment relationship.

This Agreement is governed by the laws of the United States and the State of North Carolina, excluding its conflict of laws rules.

Any dispute arising from this Agreement shall be resolved exclusively through binding arbitration in North Carolina, under the Commercial Arbitration Rules of the American Arbitration Association.

You waive any right to class, collective, or representative actions, and agree to bring only individual claims.

Failure to enforce any term of this Agreement is not a waiver of that term.

Any amendments must be approved in writing by Wellspoken.

If any provision is found invalid, the remainder will remain enforceable.

Wellspoken may assign this Agreement without notice; you may not assign it without written consent.

8. SMS Text Messaging

Wellspoken may send you follow-up, reminder, or promotional SMS messages with varying frequency.

You can cancel anytime by texting STOP to the short code.
After cancellation, you'll receive a confirmation message and no further messages.
For help, reply HELP or contact hello@wellspoken.co.
Message and data rates may apply.
Carriers are not responsible for delayed or undelivered messages.

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