Terms of Service

Mercvox is an AI-powered call answering and appointment booking service operated by Driftel Labs, a business operating in Canada. References to “you” or “your” mean the business or individual who creates an account and uses the Mercvox service.

By accessing or using Mercvox, you confirm that:

• You are at least 18 years of age
• You have the legal authority to enter into this agreement on behalf of your business
• You have read, understood, and agree to be bound by these Terms of Service
• You agree to our Privacy Policy, which is incorporated into these terms by reference

If you do not agree to these terms, you must not use the Mercvox service.

Mercvox provides an AI-powered voice answering service that:

• Answers inbound calls forwarded to your Mercvox phone number
• Books, reschedules, and cancels appointments during calls
• Sends SMS notifications to you and your customers
• Detects potential emergency situations and sends SMS alerts to your designated emergency contact
• Provides call transcripts, booking records, and a business dashboard

You are responsible for configuring the service accurately for your business, including setting your hours, services, emergency contact numbers, and any other settings that affect how the AI responds to your callers.

We offer a 7-day free trial or 100 minutes of AI call answering, whichever limit is reached first.

A valid credit card is required to start your free trial. You will not be charged during the trial period. At the end of your trial - or when your 100 trial minutes are exhausted - your selected plan will automatically activate and your card will be charged.

To avoid being charged, you must cancel before your trial ends. You can cancel at any time through your dashboard under Settings → Billing.

Abuse of the trial - including creating multiple accounts to extend trial access - may result in immediate account termination without notice.

Mercvox offers three subscription tiers - Starter, Growth, and Pro - each with included monthly AI call minutes and features. Full plan details are available at mercvox.com/pricing.

• All subscriptions are billed on a monthly basis
• Subscriptions renew automatically each month
• Prices are in Canadian dollars (CAD) for Canadian customers and US dollars (USD) for US customers
• Payments are processed securely through Stripe

Overage charges: If you exceed your plan's included minutes, overage charges apply at the per-minute rate for your plan. You will be notified at 80% usage. Calls are never cut off mid-conversation.

Price changes: We will provide at least 30 days written notice before any price change. Continued use after the effective date constitutes acceptance.

Failed payments: If payment fails, service continues during a short grace period. If not resolved within 7 days, service may be suspended.

You may cancel at any time through your dashboard or by contacting support@mercvox.com. There are no cancellation fees.

Cancellation takes effect at the end of your current billing period. Your service continues until the last day you've paid for.

After cancellation:

• Your AI phone number will be released within 7 days after your billing period ends
• Account data is retained for 30 days, then permanently deleted
• You may export your data from your dashboard before or after cancellation

If you reactivate after cancellation, a new phone number will be provisioned. Your previous number cannot be guaranteed.

All subscription fees are non-refundable. When you cancel, your service continues until the end of your paid period. We do not offer pro-rated refunds. Exceptions may be considered at our sole discretion for verified service failures caused entirely by us - contact support@mercvox.com within 7 days of the relevant billing date.

You agree to use Mercvox only for lawful business purposes. You must not:

• Conduct, facilitate, or promote any illegal activity
• Harass, threaten, deceive, or mislead callers or third parties
• Impersonate any individual, business, or government authority
• Collect personal information from callers without appropriate consent
• Handle calls involving regulated health information without appropriate legal safeguards
• Reverse engineer, copy, or replicate any part of the platform
• Resell, sublicense, or white-label the service without written consent
• Use the service in any way that could damage or impair our infrastructure

Your compliance responsibility: Laws governing automated calling, call recording, and AI-powered voice services vary by jurisdiction. You are solely responsible for ensuring your use of Mercvox complies with all applicable laws, including obtaining required consent from callers and providing required disclosures.

AI disclosure: The Mercvox AI will honestly disclose that it is an AI system if directly asked by a caller. The AI does not proactively announce that it is artificial intelligence at the start of every call.

Emergency detection limitations: Emergency detection is based on keyword recognition only. It is not a substitute for professional emergency services. Keywords may be missed or misheard. Driftel Labs accepts no liability for any harm resulting from a failure to detect or escalate an emergency call. You are responsible for ensuring your emergency contact numbers are accurate.

Mercvox uses AI that has inherent limitations. You must understand and accept:

• The AI may make errors, including booking wrong dates, misunderstanding requests, or failing to detect emergencies
• Driftel Labs is not responsible for errors made by the AI
• You are responsible for reviewing transcripts and bookings regularly and correcting errors
• The quality of AI responses depends on the accuracy of your configuration
• You must not rely solely on Mercvox for safety-critical communications

By using the service, you accept full responsibility for your decision to use AI-powered call handling.

Your data: You retain ownership of all data you provide and all data generated through your use of the service. We do not sell your data to third parties.

Our licence: You grant Driftel Labs a limited, non-exclusive, royalty-free licence to use your data solely to operate the service, troubleshoot issues, and improve our AI using only anonymised and aggregated data.

Data processing: You are the data controller for your callers' personal data. You are responsible for ensuring you have a lawful basis for processing it. We act as a data processor on your behalf.

All technology, software, designs, algorithms, AI prompts, and systems that make up the Mercvox platform are owned by Driftel Labs. You may not copy, reproduce, reverse engineer, scrape, or create derivative works from any part of the platform without our prior written consent.

To the maximum extent permitted by applicable law:

• Driftel Labs is not liable for any indirect, incidental, special, consequential, or punitive damages
• This includes lost revenue, lost customers, missed appointments, undetected emergencies, or business interruption
• Our total liability shall not exceed the fees paid by you in the three calendar months preceding the claim
• These limitations apply regardless of the form of action

The service is provided on an “as is” and “as available” basis. Driftel Labs makes no warranties, express or implied, including that the service will be uninterrupted, error-free, or that the AI will answer all calls, book all appointments correctly, or detect all emergencies. Temporary interruptions may occur due to maintenance, third-party service failures, or circumstances beyond our control.

You agree to indemnify and hold harmless Driftel Labs from claims arising from:

• Your use of the Mercvox service
• Your violation of these Terms of Service
• Your violation of any applicable law or third-party right
• Claims by callers related to how their call, data, or emergency was handled through your account
• Your failure to configure the service accurately or obtain required consents

We reserve the right to suspend or terminate your account immediately and without notice if you have used the service for illegal purposes, engaged in fraud, violated acceptable use provisions, or posed a security risk.

For less serious violations, we will generally provide written notice and a reasonable opportunity to correct the issue.

Upon termination, your access ends and your phone number is released. Data is retained for 30 days before deletion. Sections 9, 10, 11, 12, 13, 14, 15, and 17 survive termination.

These Terms are governed by the laws of Canada and the Province of Ontario. Any dispute that cannot be resolved through good faith negotiation within 30 days shall be submitted to binding arbitration. Class actions and class-wide arbitration are waived to the fullest extent permitted by law. For US customers, nothing in this section limits rights under applicable US consumer protection laws.

When we make material changes, we will:

• Update the “Last updated” date
• Notify you by email at least 14 days before changes take effect
• Display a notice in your Mercvox dashboard

Continued use after the effective date constitutes acceptance. If you disagree, cancel before the changes take effect.

• Entire Agreement. These Terms, together with our Privacy Policy, form the entire agreement and supersede all prior agreements.
• Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary.
• No Waiver. Our failure to enforce any right does not constitute a waiver.
• Assignment. You may not assign your account without our written consent. We may assign without restriction.
• Force Majeure. We are not liable for delays caused by circumstances beyond our reasonable control.

For questions about these Terms of Service:

Driftel Labs
Toronto, Ontario, Canada
support@mercvox.com
mercvox.com

This document is provided for general informational and operational purposes. It does not constitute legal advice. Driftel Labs strongly recommends having these terms reviewed by a qualified lawyer familiar with Canadian law and the laws of all jurisdictions in which you operate.