Terms of Service

Effective Date: 2/21/2026

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your use of Kumquat’s AI receptionist service (the “Service”). By accessing, using, or signing up for kumquat, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

Kumquat Technologies LLC (“we,” “us,” “our,” or “Company”) reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Service indicates your acceptance of any updated Terms.

2. Service Description

Kumquat is an artificial intelligence-powered receptionist service that:

  • Responds to missed calls via automated text messages
  • Transcribes voicemails and delivers them via email
  • Schedules appointments and manages callback requests
  • Answers customer questions through conversational AI
  • Provides monthly analytics and reporting

The Service is designed for small businesses and contractors to capture missed leads and automate customer service interactions.

3. Eligibility and Account Requirements

You must be:

  • At least 18 years old
  • A business owner, manager, or authorized representative
  • Legally able to enter into binding contracts
  • Compliant with all applicable laws and regulations in your jurisdiction

You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

4. Service Plans and Pricing

Plan: Kumquat Pro – $197/month

What’s Included:

  • Instant missed call text-back
  • Human-like AI conversations
  • Appointment and callback scheduling
  • Voicemail transcription and email delivery
  • Monthly analytics and data export
  • Direct support
  • High-volume texting (no per-message fees)

Billing:

  • Monthly billing cycle
  • Charges are non-refundable
  • Billing occurs on the same date each month
  • You are responsible for providing accurate billing information
  • Failed payments may result in service suspension

Price Changes: We reserve the right to change pricing with 30 days’ notice. Changes do not affect your current billing cycle. Continued use after pricing changes constitutes acceptance of new rates.

5. Payment Terms and Refunds

Payment:

  • Payment is due on the date your subscription renews each month
  • We accept major credit cards and other payment methods
  • You authorize us to charge your payment method automatically

Refund Policy:

  • All payments are non-refundable
  • Service credits are not available
  • If you cancel mid-month, you forfeit the remainder of that month’s service
  • No refunds for unused features or underutilization

Late Payment:

  • If payment fails, you will be notified
  • Service may be suspended after 3 days of non-payment
  • Continued non-payment may result in account termination
  • You are responsible for any collection costs or legal fees

6. Cancellation and Termination

Cancellation by You:

  • You may cancel your subscription at any time
  • Cancellation is effective at the end of your current billing cycle
  • You will continue to have access to the Service until the end of your paid period
  • No refunds for partial months

Termination by Us: We may terminate your account or access to the Service at any time for:

  • Violation of these Terms
  • Failure to pay invoices
  • Use of the Service for illegal or harmful purposes
  • Abuse of the Service or our systems
  • Violation of carrier or regulatory requirements

Termination may be immediate and without refund if the violation is severe or repeated.

7. Acceptable Use Policy

You agree not to:

  • Use the Service to send harassing, threatening, or abusive messages
  • Send messages for purposes other than legitimate customer service (no marketing blasts, spamming, or promotional campaigns)
  • Use the Service in violation of TCPA, GDPR, or other applicable regulations
  • Attempt to reverse-engineer, hack, or interfere with the Service
  • Use the Service on behalf of competitors or for competitive intelligence
  • Share your account credentials with unauthorized third parties
  • Send messages to numbers without explicit customer consent
  • Use the Service to impersonate another person or business
  • Attempt to bypass payment or use the Service fraudulently

Violations of this policy may result in immediate termination without refund.

8. Message Compliance and Responsibilities

Your Responsibilities:

  • Ensure all customers opt in before receiving messages
  • Include STOP, HELP, and support language in initial messages
  • Maintain records of customer consent
  • Comply with all TCPA, CTIA, and carrier requirements
  • Provide accurate business information
  • Monitor your account for suspicious activity
  • Use the Service only for legitimate customer service purposes

Our Responsibilities:

  • Provide the message template with required compliance language
  • Include STOP and HELP instructions in the first message
  • Process opt-out requests (STOP, UNSUBSCRIBE, CANCEL, END) immediately
  • Support opt-in requests (START) to resume messaging
  • Deliver voicemail transcriptions and monthly reports

Carrier Compliance: Messages sent through kumquat must comply with carrier regulations. Failure to comply may result in:

  • Campaign suspension or termination
  • Blocking of your phone number
  • Loss of 10DLC certification
  • Legal liability for you and kumquat

You are responsible for understanding and following all carrier requirements.

9. Voicemail Transcription and Analytics

Voicemail Service:

  • Voicemails are automatically transcribed using AI
  • Transcriptions are emailed to your registered business email
  • Timestamps and searchable notes are included
  • Transcriptions are provided as-is without guarantee of 100% accuracy
  • Your business maintains ownership of voicemail records

Analytics and Reports:

  • Monthly reports of missed calls, conversations, and bookings are provided
  • Data is exported in CSV format to your email
  • You retain full ownership of your data
  • We are not responsible for lost or corrupted data (maintain your own backups)

Data Accuracy: While we strive for accuracy, transcriptions may contain errors due to audio quality, accents, or background noise. You should review transcriptions for accuracy before relying on them.

10. Intellectual Property Rights

Our IP: kumquat, our logo, and all Service components are owned by Kumquat Technologies LLC. You may not reproduce, distribute, or use our intellectual property without permission.

Your IP: You retain ownership of all data, customer information, and content you provide. By using the Service, you grant us a non-exclusive, royalty-free license to use your data only to provide the Service.

AI-Generated Responses: Responses generated by our AI are provided for your use in customer communications. You are responsible for reviewing AI responses before they are sent to ensure accuracy and appropriateness.

11. Disclaimers and Limitations of Liability

Service “As-Is”: The Service is provided “as-is” without warranties of any kind, either express or implied. We do not warrant that:

  • The Service will be uninterrupted or error-free
  • Messages will be delivered successfully
  • Voicemail transcriptions will be 100% accurate
  • AI responses will always be appropriate or correct
  • The Service will meet your specific business needs

No Liability for:

  • Lost, delayed, or undelivered messages
  • Carrier-related issues or blocks
  • Third-party service failures (Twilio, email providers, etc.)
  • Inaccurate voicemail transcriptions
  • Incorrect AI responses sent to customers
  • Loss of data (maintain your own backups)
  • Customer dissatisfaction or business loss

Limitation of Liability: Our total liability to you for any claim arising from the Service shall not exceed the amount you paid in the 12 months preceding the claim. In no event shall we be liable for indirect, incidental, special, or consequential damages.

You Assume All Risk: Your use of the Service is at your own risk. You are responsible for:

  • Ensuring customer consent before sending messages
  • Monitoring for compliance violations
  • Reviewing AI-generated responses
  • Maintaining your account security
  • Backing up your data

12. Customer Disputes and Support Issues

Support:

  • Support is available via email at info@getkumquat.com
  • Response times are 24 business hours
  • We will assist with technical issues, account questions, and compliance guidance

Dispute Resolution:

  • If you have a dispute about charges or service quality, contact support within 30 days
  • We will investigate and respond within 10 business days
  • Disputes not raised within 30 days are forfeited

No Liability for Customer Complaints: We are not responsible for customer complaints, negative feedback, or loss of business resulting from:

  • AI response quality
  • Message delivery delays
  • Voicemail transcription errors
  • Your use of the Service

13. Third-Party Services

kumquat uses third-party providers including:

  • Twilio – SMS delivery and 10DLC certification
  • OpenAI – AI response generation
  • Email providers – Voicemail transcription delivery

We are not responsible for:

  • Third-party service outages or failures
  • Third-party data breaches
  • Delays or issues caused by third parties
  • Changes to third-party terms or availability

14. TCPA and Regulatory Compliance

By using kumquat, you certify that:

  • You will comply with the Telephone Consumer Protection Act (TCPA)
  • All messages sent have explicit customer consent
  • You will include STOP, HELP, and support language
  • You will honor opt-out requests immediately
  • You understand carrier requirements for 10DLC compliance
  • You will not use the Service for marketing or promotional blasts
  • Your business is legitimate and compliant with applicable laws

FCC/Carrier Compliance: Failure to comply with carrier requirements may result in:

  • Suspension or termination of your Service
  • Loss of 10DLC certification
  • Blocking of your phone number
  • Legal liability and fines for you and kumquat

You are solely responsible for compliance. kumquat is not responsible for regulatory violations or penalties resulting from your misuse.

15. Indemnification

You agree to indemnify, defend, and hold harmless Kumquat Technologies LLC and its employees, officers, and agents from any claims, damages, or costs (including legal fees) arising from:

  • Your violation of these Terms
  • Your use of the Service in violation of laws or regulations
  • TCPA violations or customer complaints
  • Inaccurate business information you provided
  • Customer disputes or refund claims
  • Your misuse or abuse of the Service

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Utah, without regard to conflict of law principles. Any legal action or proceeding relating to these Terms shall be exclusively resolved in the state or federal courts located in Utah, and you consent to personal jurisdiction in those courts.

17. Dispute Resolution and Arbitration

Informal Resolution: Before pursuing any legal action, you agree to contact kumquat to attempt resolution in good faith.

Arbitration: If we cannot resolve the dispute informally, you and kumquat agree to binding arbitration in lieu of court proceedings. Arbitration shall be conducted by a neutral arbitrator under simplified rules. Each party bears its own costs, though kumquat may pay filing fees. The arbitration decision is final and binding.

Class Action Waiver: You waive the right to participate in class action lawsuits or class arbitrations against kumquat.

18. No Warranty of Results

kumquat makes no guarantee regarding:

  • Business results or ROI
  • Customer satisfaction or response rates
  • Lead capture or conversion
  • Message delivery success rates
  • AI response quality or accuracy

Results vary based on your business, industry, customer base, and how you use the Service.

19. Changes to the Service

We reserve the right to:

  • Modify, update, or discontinue Service features
  • Change the Service interface or functionality
  • Implement new requirements or restrictions
  • Suspend or terminate the Service with 30 days’ notice

Significant changes that materially impact the Service may be communicated to you via email. Your continued use indicates acceptance of changes.

20. Severability

If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining Terms shall remain in full force and effect.

21. Contact Information

For questions about these Terms, account issues, or to report violations:

Kumquat Technologies LLC

Email: info@getkumquat.com

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and kumquat regarding the Service. They supersede any prior agreements, representations, or understandings.

Last Updated: 2/21/2026

Questions? Contact us at info@getkumquat.com