1.1. The Subscription Offer: When you purchase our 24/7 AI Voice Receptionist and Dispatch services through Stripe, you are purchasing:
1.2. Automatic Renewal Disclosure: Under the Restore Online Shoppers' Confidence Act (ROSCA, 15 U.S.C. § 8401 et seq.) and applicable state Automatic Renewal Laws (including Colorado C.R.S. § 6-1-732), you are hereby notified that:
1.3. Simple Cancellation Mechanism: You may cancel your monthly recurring subscription at any time by sending written notice via email to: [email protected] with the Subject Line "Cancellation Request - [Your Company Name]". To avoid the next automatic charge, your written cancellation request must be received at least thirty (30) calendar days prior to your next scheduled recurring billing date. Upon receipt of cancellation, your service will terminate at the end of the current paid billing cycle, and no further automatic charges will occur.
1.4. Setup Fee Non-Refundable: The one-time Setup Fee is strictly non-refundable once paid, as it represents non-recoverable technical expenditures, including dedicated telephony trunk procurement, prompt architecture, and engineering labor.
These Terms constitute a legally binding agreement between Stephen Sawka d/b/a Sawka Solutions ("Provider", "we", or "us"), operating as a sole proprietorship in Colorado Springs, Colorado, and the business entity, company, or commercial contractor submitting payment ("Client", "you", or "Subscriber"). Provider is an independent communications technology contractor providing automated telephone intake software. Provider is not an employee, agent, partner, or licensed trade professional of Subscriber.
3.1. Services Provided: Provider configures natural language artificial intelligence agents to answer call-forwarded business telephone lines, transcribe caller diagnostic needs, quote pre-approved flat diagnostic fees, hot-transfer emergencies, and dispatch real-time notifications to your staff.
3.2. One-Party Consent Jurisdiction Requirement: You represent and warrant that your trade business and customer base operate exclusively within recognized one-party consent wiretapping states (e.g., Colorado, New York, New Jersey). You warrant that you will not route calls from jurisdictions requiring all-party recording consent (e.g., Pennsylvania, California, Florida) without requesting an upfront recording announcement patch from Provider. You agree to defend and indemnify Provider from any two-party wiretapping claims resulting from your call traffic.
3.3. Zero Payment Card Intake (PCI Exclusion): The automated voice lines are not an intake channel for credit cards or bank accounts. The system is programmed to refuse credit cards over the phone. You warrant that you will not instruct callers to provide financial details to the AI voice assistant.
3.4. Inbound Only / TCPA Compliance: You acknowledge that the base service is an inbound answering tool. You agree not to request or conduct automated outbound marketing campaigns to consumer phone lists without verifiable Prior Express Written Consent complying with the Telephone Consumer Protection Act (47 U.S.C. § 227).
4.1. Scope of Guarantee: New subscribers are protected by our 90-Day 5-Job Guarantee. If the Voice Agent system fails to capture and deliver at least five (5) Qualified Jobs during your initial ninety (90) consecutive days of service, your sole and exclusive remedy is the immediate cancellation of future monthly retainer obligations.
4.2. Qualified Job Definition: A Qualified Job is an inbound caller seeking legitimate trade service within your coverage area where the AI captures the caller's name, phone number, address/location, and service request, and delivers the data to your phone.
4.3. Preconditions: You must maintain continuous, unbroken call forwarding to our line 24/7 (or during your contracted after-hours window) for the full 90 days, maintain active technician response numbers, and report any forwarding issues within 48 hours.
4.4. No Cash Clawbacks: The 5-Job Guarantee provides relief from future billing. The setup fee is non-refundable, and retainers paid during the 90 days are not subject to cash refunds.
5.1. AS-IS Provision: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.2. No Life-Safety / 911 Service: THE SERVICE DOES NOT CONSTITUTE A 911 EMERGENCY DISPATCH SYSTEM. PROVIDER IS NOT RESPONSIBLE FOR ROADSIDE SAFETY, MOTOR VEHICLE ACCIDENTS, VEHICLE DAMAGE, OR PROPERTY DAMAGE OCCURRING AFTER A CALL. SUBSCRIBER REMAINS 100% RESPONSIBLE FOR ITS TRADE DISPATCH AND PHYSICAL REPAIRS.
5.3. Third-Party Outages: Provider is not liable for carrier dropouts, dropped calls, audio packet loss, or outages caused by Twilio, cellular networks, Vapi, OpenAI, or other upstream providers.
5.4. MAXIMUM LIABILITY CAP ($4,000 MAXIMUM): TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STEPHEN SAWKA OR SAWKA SOLUTIONS BE LIABLE FOR ANY DAMAGES UNDER ANY LEGAL THEORY EXCEEDING THE TOTAL FEES PAID BY SUBSCRIBER IN THE SIXTY (60) DAYS PRECEDING THE CLAIM (NOT TO EXCEED $4,000.00 USD).
5.5. NO CONSEQUENTIAL DAMAGES: PROVIDER SHALL NOT BE LIABLE FOR LOST PROFITS, LOST REPAIRS, BUSINESS INTERRUPTION, DOWNTIME, OR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES.
You agree to defend, indemnify, and hold harmless Stephen Sawka, Sawka Solutions, and its agents from any claims, damages, liabilities, and legal costs (including reasonable legal fees) arising from: (a) your trade services, repairs, or technician omissions; (b) traffic accidents or property damage occurring after a dispatch; (c) third-party wiretap or TCPA claims related to your forwarded calls; or (d) your breach of these Terms.
7.1. Binding Arbitration in Colorado: Any dispute, claim, or controversy arising out of these Terms shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in El Paso County, Colorado.
7.2. Jury Trial & Class Action Waiver: YOU EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND AGREE THAT ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, NOT AS A CLASS ACTION PLAINTIFF OR MEMBER.
7.3. Chargeback Covenant: You agree not to file a fraudulent or premature credit card chargeback with your card-issuing bank. In the event of a billing dispute, you agree to contact [email protected] to resolve the matter in good faith before initiating any merchant dispute. If a chargeback is initiated in violation of these Terms, you agree to pay all associated dispute costs, merchant fees, and legal fees incurred by Provider in defending the dispute.