Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and MissionOaks.dev, LLC, doing business as OzyOps ("OzyOps," "we," "us," or "our"), a California limited liability company located in Camarillo, California, governing your use of our AI-powered receptionist and follow-up services.

By accessing or using our services, you agree to be bound by these Terms, our Privacy Policy, and the Master Service Agreement presented during account setup. If you do not agree, you must not use our services.

1.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into this agreement on behalf of your business. By using our services, you represent that:

• You are at least 18 years of age
• You have the legal capacity to agree to these Terms
• You are authorized to bind your business to these Terms
• All information you provide is accurate and complete

2. Description of Services

OzyOps provides an AI-powered receptionist and follow-up platform designed to help businesses capture leads, book appointments, and manage customer communications. The AI handles calls automatically — OzyOps is a self-serve SaaS platform, not a managed service.

2.1 Core Services

• 24/7 AI Receptionist: Automated call answering, qualification, and routing
• Call Recording and Transcription: All calls are recorded and transcribed
• Follow-Up Automation: SMS sequences for lead nurturing (tier-dependent)
• Customer Portal: Web-based dashboard for managing settings, calls, and analytics

2.2 Service Tiers and Pricing

Healthcare vertical pricing shown. Other verticals may differ.

Both inbound and outbound AI call minutes count toward your included minutes. Overage charges are calculated at the end of each billing cycle and added to your next invoice. You will receive email alerts at 80% and 100% of included minutes.

3. Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account, including actions by team members you invite
• Providing accurate, current, and complete information
• Notifying us immediately of any unauthorized access
• Managing team member roles and permissions appropriately

We are not liable for losses resulting from unauthorized use of your account.

4. Subscription and Payment

4.1 Billing

• Subscriptions are billed monthly in advance via Stripe
• Billing starts immediately upon subscription activation. OzyOps does not offer a standard free trial period. Promotional discounts or courtesy credits may be offered at OzyOps' sole discretion on a case-by-case basis.
• Subscriptions automatically renew each month on the same date
• Upgrades take effect immediately with prorated billing for the remainder of the cycle
• Downgrades take effect at the end of the current billing cycle
• Minutes used do not reset on mid-cycle plan changes

4.2 Failed Payments

• Failed payments will be retried automatically
• Your account enters "past due" status after failed payment
• Service may be suspended after continued failure
• Update your payment method in the billing portal to resolve

4.3 Refund Policy

Subscription fees are non-refundable except as specified in the Master Service Agreement or required by applicable law. All refund requests are reviewed on a case-by-case basis. Contact support@ozyops.com.

5. Your Obligations

5.1 Call Recording Consent (CRITICAL)

5.2 Accurate Business Information

You must provide and maintain accurate information including business name, address, phone, hours of operation, service areas, and emergency escalation contacts. You are solely responsible for AI miscommunication caused by inaccurate information you provide.

5.3 AI Verification Responsibility

You are solely responsible for verifying ALL information captured by our AI before acting on it. Do not rely solely on AI-captured data for critical decisions, emergency response, medical/legal decisions, or patient care. The AI may misunderstand, misrecord, or hallucinate information.

6. SMS and Automated Communications (TCPA Compliance)

6.1 Automated Systems Disclosure

OzyOps services may use:

• Automatic Telephone Dialing Systems (ATDS) for outbound calls
• Automated SMS messaging systems for text communications
• Artificial voice technology for AI-generated conversations

6.2 Consent Requirements

Under the TCPA, prior express consent is required before:

• Sending automated SMS messages to customers
• Making automated calls (including AI calls) to customers
• Using artificial or pre-recorded voice in outbound calls

OzyOps' AI collects verbal consent during inbound calls. You must verify this consent complies with your state and industry requirements. Marketing messages require prior express written consent — OzyOps' default configurations are limited to transactional/informational messages.

6.3 Your TCPA Obligations

You are solely responsible for:

• Maintaining written records of consent
• Honoring Do-Not-Call registry requirements
• Processing opt-out requests (STOP, UNSUBSCRIBE) promptly
• Compliance with state-specific telemarketing laws
• Ensuring appropriate message frequency (avoid sending excessive messages)

6.4 Opt-Out Processing

All automated messages include opt-out instructions. When recipients reply STOP or UNSUBSCRIBE, OzyOps automatically processes the opt-out and no further automated messages are sent to that number. Opt-outs are logged for audit purposes.

7. Prohibited Uses

You may not use our services for:

• Any illegal activity, fraud, or deceptive practices
• Recording calls without required consent
• Harassment, threats, or abusive communications
• Attempting to gain unauthorized access to our systems
• Making unsolicited marketing calls or sending spam
• Reselling our services without authorization
• Using the platform to send messages to numbers that have opted out

Violation may result in immediate account termination without refund.

8. Intellectual Property

8.1 OzyOps IP

We own all rights to our portal, software, brand, and methodologies. You receive a limited, non-exclusive, non-transferable license to use our services during your active subscription.

8.2 Third-Party AI Technology

8.3 Your Content

You retain ownership of your business information, call recordings, and customer data. You grant us a limited license to use this content solely to provide and improve our services to you.

9. Termination

9.1 Cancellation by You

You may cancel your subscription at any time through the billing portal. Your service continues until the end of your current billing period. No refunds for the remaining portion of the paid period.

9.2 Termination by OzyOps

We may terminate your account immediately if you breach these Terms, fail to pay after notice, or engage in prohibited uses.

9.3 Effect of Termination

• Your AI receptionist phone number is released
• Call forwarding stops
• Historical data accessible for 90 days, then permanently deleted
• Healthcare customers: see BAA for PHI-specific retention and return obligations
• You remain liable for outstanding charges, including overage fees
• Sections 6 (TCPA), 10-14 survive termination

10. Disclaimers

10.1 AI Technology Limitations

You acknowledge that OzyOps uses artificial intelligence that may:

• Misunderstand caller intent, accents, dialects, or speech patterns
• Provide incorrect, incomplete, or inappropriate information
• Fail to recognize emergency situations or properly escalate urgent calls
• Experience technical failures, latency, dropped calls, or service interruptions
• Generate responses that are factually incorrect ("AI hallucinations")

10.2 No Guarantees

We do NOT guarantee:

• Specific results (calls answered, leads captured, appointments booked, revenue generated)
• Uninterrupted or error-free service
• 100% accuracy in transcription, call handling, or data capture
• Uptime targets (aspirational targets like "24/7 availability" or "99.9% uptime" are goals, not guarantees)
• Third-party service reliability (Retell AI, Twilio, Stripe, etc.)
• Compliance with your industry-specific regulatory requirements

11. Limitation of Liability

11.1 Liability Cap

OzyOps' total aggregate liability under these Terms shall not exceed the lesser of:

• (A) The fees you paid in the three (3) months immediately preceding the claim, or
• (B) Two thousand five hundred dollars ($2,500)

11.2 Carve-Outs

The liability cap above does NOT apply to:

• OzyOps' gross negligence or willful misconduct
• Either party's indemnification obligations under Section 12

11.3 Essential Basis

You acknowledge that these limitations are an essential basis of this agreement and reflect the allocation of risk between the parties. The services would not be offered at these prices without these limitations.

12. Indemnification

12.1 Your Indemnification of OzyOps

You agree to defend, indemnify, and hold harmless OzyOps, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the services in violation of these Terms or applicable law
• Failure to obtain required consents (call recording, SMS, telemarketing)
• Violation of any applicable federal, state, or local law or regulation, including but not limited to TCPA, HIPAA, state bar rules, professional licensing requirements, OSHA, and industry-specific regulations
• Inaccurate information you provide to OzyOps
• Claims from end users (callers) regarding your use of the AI receptionist
• Your business operations and customer disputes unrelated to OzyOps' breach
• Regulatory fines and penalties (including TCPA $500-$1,500 per violation, HIPAA penalties, and state regulatory actions) resulting from your failure to comply with applicable requirements

12.2 OzyOps' Indemnification of You

OzyOps shall indemnify you for claims arising directly from OzyOps' gross negligence, willful misconduct, or material breach of this agreement.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

13.2 Informal Resolution

Before initiating formal proceedings, the parties shall attempt to resolve disputes informally through good faith discussions for at least 30 days by contacting legal@ozyops.com.

13.3 Binding Arbitration

Disputes not resolved informally shall be resolved by binding arbitration administered by JAMS in Ventura County, California, under JAMS' Streamlined Arbitration Rules and Procedures. Arbitration is final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

13.4 Class Action Waiver

13.5 Claim Limitation

Any claim arising under these Terms must be brought within one (1) year of the date the cause of action arose or be permanently barred.

14. Force Majeure

Neither OzyOps nor you shall be liable for delays or failures in performance resulting from acts beyond the reasonable control of either party, including but not limited to acts of God, natural disasters, war, terrorism, cyberattacks, pandemic, government actions, power outages, or internet service outages. The affected party shall use reasonable efforts to resume performance as soon as practicable.

15. General Provisions

• Entire Agreement: These Terms, together with the Master Service Agreement, applicable industry addenda (Healthcare Addendum, BAA), and our Privacy Policy, constitute the entire agreement between the parties.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Failure to enforce any provision does not waive future enforcement of that or any other provision.
• Assignment: You may not assign this agreement without OzyOps' written consent. OzyOps may assign to an affiliate or successor entity.
• Notices: Legal notices to OzyOps shall be sent to legal@ozyops.com. Notices to you will be sent to the email address on your account.

16. Contact Information

For questions about these Terms: