AI-Powered Receptionist Service Agreement
This AI-Powered Receptionist Service Agreement (the “Agreement”) is entered into by and between Propulsion Growth Solutions, LLC (“Service Provider”), and the subscribing attorney or law firm (“Attorney”). This Agreement governs Attorney’s use of the Service Provider’s AI-powered missed call receptionist service (the “Service”). By checking the acceptance box on the Service order form or using the Service, Attorney acknowledges and agrees to the terms of this Agreement. This agreement will be provided to the Attorney after purchase for their records.
1. Service Scope
1.1 Description of Service:
The Service is a virtual receptionist system that answers missed calls on behalf of the Attorney. It is designed to perform limited administrative and communication tasks such as: greeting callers, collecting caller information (e.g. name, contact details, and reason for calling), providing pre-approved information about the Attorney’s practice (such as office hours or location), and sending call summaries or transcripts to the Attorney.
1.2 No Legal Advice:
The Service will not provide legal advice, counsel, or opinions to callers. The AI receptionist is not a lawyer and is not engaged in the practice of law. All legal advice or information to clients and callers remains solely the responsibility of the Attorney. The Attorney is responsible for following up with callers for any legal consultation or guidance as needed.
1.3 No Calendar Booking:
The Service will not schedule appointments directly into the Attorney’s calendar or other systems. While the AI receptionist may inform a caller that the Attorney will return the call or assist by gathering preferred appointment times, it does not have the capability to create or modify calendar entries. Scheduling and calendar management are the Attorney’s responsibility.
1.4 Acknowledgment of Limitations:
The Attorney understands and agrees that the Service’s role is strictly limited to the related tasks described above. Any additional tasks or functionalities not expressly provided by the Service (including legal decision-making, giving assurances to callers, or guaranteeing any outcome) are outside the scope of this Agreement and will not be performed by the Service.
2. Limitation of Liability
2.1 “As-Is” Service & No Warranty:
The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the Service Provider disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy of informational output, and non-infringement. The Service Provider does not guarantee that the Service will be error-free or uninterrupted, or that it will meet all of the Attorney’s expectations or requirements. The Attorney assumes all risk associated with the use of the Service.
2.2 No Liability for Errors or Misinterpretation:
Under no circumstances will the Service Provider be liable for any losses or damages arising from: (a) system errors, bugs, or malfunctions in the Service; (b) the AI’s misinterpretation or misunderstanding of a caller’s statements; (c) failures to accurately transcribe or record a message; (d) missed or dropped calls; or (e) any decisions made or actions taken by the Attorney or a caller in reliance on information from the Service. The Attorney is solely responsible for reviewing call transcripts or messages delivered by the Service and making professional judgments based on them.
2.3 Exclusion of Certain Damages:
To the maximum extent permitted by law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, business opportunity, or data, even if the Service Provider has been advised of the possibility of such damages. This exclusion applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if the essential purpose of any remedy fails.
2.4 Cap on Liability:
In all events, the Service Provider’s total cumulative liability to the Attorney for any and all claims arising from or related to this Agreement or the Service shall not exceed the total amount of fees paid by the Attorney to the Service Provider for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. If the Attorney has paid less than twelve months of fees, the liability shall be limited to the amount paid for the months of Service actually received. If the Service is provided free of charge or on a trial basis, the Service Provider’s total liability shall not exceed $100.00.
2.5 Essential Basis of Bargain:
The Attorney acknowledges that the pricing and terms of the Service reflect the allocation of risk and the limitation of liability set forth in this section. The limitations of liability in this Agreement are an essential basis of the bargain between the parties and will apply even if any limited remedy is found to have failed of its essential purpose.
3. Indemnification
3.1 Attorney’s Duty to Indemnify:
The Attorney agrees to indemnify, defend, and hold harmless the Service Provider, its parent company, affiliates, and their respective officers, directors, employees, agents, and representatives (collectively, “Indemnified Parties”) from and against any and all claims, demands, lawsuits, proceedings, losses, liabilities, damages, or expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a)The Attorney’s use of the Service or any actions taken by the Service on the Attorney’s behalf; (b)Any information or content (including call content or instructions) provided by the Attorney to the Service or by a caller through the Service at the Attorney’s direction; (c)The Attorney’s violation of any applicable law, regulation, or ethical rule in connection with use of the Service; and/or (d)Any breach by the Attorney of this Agreement, including any representation or warranty made herein.
3.2 Defense and Cooperation:
The Service Provider will promptly notify the Attorney of any third-party claim that may trigger the Attorney’s indemnification obligation. The Attorney shall assume control of the defense and settlement of such claim; however, the Service Provider reserves the right to participate in the defense with counsel of its own choosing at its own expense. The Attorney shall not settle any claim in a manner that imposes any liability or obligation on the Indemnified Parties without the Service Provider’s prior written consent. The Attorney’s obligations under this section survive any termination or expiration of this Agreement.
4. Service Uptime Guarantee
4.1 Uptime Commitment:
The Service Provider will use commercially reasonable efforts to maintain at least 99% uptime for the Service on a monthly basis. This means the Service is intended to be available and operational at least 99% of the time, rounded to the nearest minute, each calendar month.
4.2 Scheduled Maintenance:
The Attorney acknowledges that scheduled maintenance and upgrades of the Service may be necessary. The Service Provider will endeavor to schedule routine maintenance during off-peak hours (such as evenings or weekends) and, when feasible, will provide advance notice to the Attorney of any scheduled downtime via email or an in-service notification. Scheduled maintenance periods for which notice has been given shall not count as downtime for purposes of the uptime calculation.
4.3 Unscheduled Downtime & Exclusions:
While the Service Provider strives for high availability, certain unforeseen or uncontrollable events may result in unscheduled downtime. The 99% uptime commitment excludes any downtime or service interruption caused by: (a)circumstances outside the Service Provider’s reasonable control, including but not limited to Internet outages, disruptions in telecommunications, power failures, or acts of God/nature (force majeure events such as floods, earthquakes, war, or civil unrest); (b)third-party services or integrations used by the Attorney or the Service that are not under the Service Provider’s direct control; (c)emergency maintenance needed to address security issues or critical system stability issues (the Service Provider will make reasonable efforts to limit such emergency maintenance); and (d) the Attorney’s own hardware, software, or network connectivity issues.
4.4 No Guarantee of Perfect Service:
The Attorney agrees that occasional downtime for maintenance or due to unforeseen events is normal and understood. Except for the uptime commitment expressly stated in this section, the Service Provider does not guarantee continuous, uninterrupted service availability. In the event of any service outage or interruption, the Attorney’s sole and exclusive remedy will be for the Service Provider to use best efforts to restore the Service as soon as reasonably possible. No financial credits or refunds are promised under this Agreement for downtime; however, the Service Provider may provide service credits in its discretion in accordance with any applicable Service Level Agreement (if one is separately provided in writing).
5. Data Privacy & Security
5.1 Limited Data Collection:
The parties agree that the Service will collect and use only a minimal amount of personal data from calls. Specifically, the Service will capture caller-provided information such as names, contact phone numbers or email addresses, and a summary or transcript of the caller’s message (“Call Data”). The Service Provider does not intentionally collect any other personal data, such as Social Security numbers, financial account details, or health information, through the Service. The Attorney agrees not to prompt callers to provide such sensitive information via the Service.
5.2 Temporary Data Storage:
The Call Data is stored temporarily on the Service Provider’s systems for the purpose of delivering that information to the Attorney. Typically, call transcripts or messages and associated contact information will be retained only as long as necessary to forward them to the Attorney (for example, via email or through a dashboard). The Service Provider will then either delete the Call Data from its live databases or archive it in a secure manner, in accordance with its data retention policies. No attorney-client documents, files, or long-term records are maintained by the Service Provider as part of this Service, other than transient message content as described.
5.3 Transmission of Call Data:
The Service Provider will transmit the Call Data to the Attorney via the methods selected by the Attorney (such as email to a designated address). The Attorney acknowledges that email is inherently not 100% secure. While the Service Provider may use reasonable measures (such as encryption in transit) to protect the Call Data, the Service Provider cannot guarantee the privacy or security of information once it leaves the Service Provider’s systems (for example, once it is delivered to the Attorney’s email server). The Attorney is responsible for maintaining the security of their own email accounts and systems to protect the Call Data received.
5.4 Data Security Measures:
The Service Provider uses commercially reasonable administrative, physical, and technical safeguards to protect Call Data within its control against unauthorized access, disclosure, or loss. These measures may include encryption of data in transit, secure server storage, firewalls, and access controls for personnel. However, the Attorney understands that no method of data storage or transmission is completely secure. Accordingly, the Service Provider disclaims any liability for unauthorized access to or disclosure of Call Data, unless caused by the Service Provider’s gross negligence or willful misconduct.
5.5 Sensitive Information Disclaimer:
The Service is not intended for the communication or storage of highly sensitive information, such as confidential case details, privileged attorney-client communications, personal health information (PHI), or payment card information. If a caller voluntarily provides sensitive details in a message, the Attorney shall handle such information in accordance with their professional confidentiality obligations. The Attorney agrees that the Service Provider is not liable for any exposure or liability resulting from the capture of sensitive or confidential information via the Service. The Attorney is solely responsible for any required compliance with privacy laws or professional confidentiality rules regarding the Call Data.
5.6 Privacy Policy:
Use of the Service is also subject to the Service Provider’s Privacy Policy, which details how personal data is handled. The Privacy Policy is hereby incorporated by reference into this Agreement. In the event of a conflict between this Agreement and the Privacy Policy regarding data handling, the terms of this Agreement shall control with respect to the obligations of the parties, while the Privacy Policy shall control with respect to obligations of the Service Provider to data subjects under privacy laws.
6. Governing Law
This Agreement, and any disputes arising out of or relating to this Agreement or the Service, shall be governed by and construed in accordance with the laws of the State of Colorado , U.S.A., without regard to its conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. If any legal action or proceeding is brought relating to this Agreement, it shall be brought in the appropriate state or federal courts located in the State of Colorado, and the parties hereby consent to the exclusive jurisdiction and venue of such courts.
7. Agreement Acceptance
By checking the acceptance box or clicking “I Agree” on the Service order form, or by otherwise indicating assent electronically, the Attorney confirms that they have read this Agreement, understand its terms, and agree to be bound by it. This action constitutes a legally binding electronic signature and manifests the Attorney’s intent to be bound by the Agreement. If the individual accepting this Agreement is doing so on behalf of a law firm, company, or other legal entity, that individual represents and warrants that they have the legal authority to bind that entity to these terms. If the Attorney does not agree to all the terms of this Agreement, they must not use the Service.