Contractors
are bleeding money
on missed calls.

These Terms of Service (the "Terms") form a binding agreement between you ("Customer", "you", "your") and Francesco Calvia, sole proprietor (Einzelunternehmen) trading as AutomationAI Solutions, Dammstrasse 24, 6055 Alpnach Dorf, Switzerland ("ForemanAI", "we", "us", "our"). By creating an account, completing checkout, or otherwise using the ForemanAI service (the "Service"), you accept these Terms. If you do not agree, do not use the Service.

1.Business use only

The Service is offered exclusively to businesses for professional, commercial purposes. By using the Service you represent that you are acting in a commercial or professional capacity and not as a consumer, and you agree that consumer-protection rules do not apply to this agreement. You confirm you have authority to bind the business on whose behalf you act.

2.The Service

ForemanAI provides AI-powered, automated telephone-answering software that can answer inbound calls, provide pre-configured information, and assist with scheduling and message-taking. The Service is an administrative and communications tool only and is provided strictly on an "as is" and "as available" basis. You alone configure what the Service says, your hours, and your call-handling, routing, and escalation rules, and you are responsible for that configuration and its results.

3.No professional advice; not for emergencies

Any triage, escalation, or emergency logic is designed, configured, and controlled solely by you. We have no responsibility whatsoever for the outcome of any job, for any property damage, personal injury, or loss, or for any decision or action taken by you, your staff, or any caller in connection with the Service. You assume the entire risk in this regard.

4.Nature and limitations of AI

The Service uses artificial intelligence and automated speech systems that are inherently probabilistic. You acknowledge and accept that the Service may produce inaccurate, incomplete, outdated, or unexpected output; may mishear, misinterpret, or fail to understand a caller; may fail to answer, may disconnect, or may behave unexpectedly; and may be delayed, interrupted, or unavailable. We do not warrant that the Service will be accurate, reliable, uninterrupted, secure, or error-free. You are responsible for independently reviewing, verifying, and supervising the Service's operation.

5.Your responsibilities & compliance

You are solely responsible for your use of the Service and for compliance with all laws applicable to you, including in particular:

• Call recording & consent. If calls are recorded, transcribed, or monitored, you are solely responsible for providing all legally required notices and obtaining all required consents from callers under all applicable federal, state, and local laws, including one-party, two-party, and all-party consent jurisdictions (such as California). You will indemnify us for any failure to do so.
• Telecommunications & messaging laws (e.g., the TCPA). The Service may send SMS text notifications and confirmations to you and, where you configure it, to callers; you are responsible for any consents required for such messages.
• Trade and contractor licensing, advertising, consumer-protection, and data-protection laws applicable to your business.
• The accuracy and lawfulness of all information you configure the Service to provide, and of all data you submit.

You represent that you have all rights and authority necessary to operate the Service on your telephone number(s) and to process the data involved.

6.Acceptable use

You will not use the Service to break any law; to deceive or defraud; to provide medical, emergency, or crisis services; to harass; to infringe any third party's rights; to transmit malware; to reverse-engineer, resell, or sublicense the Service except as expressly permitted; or in any high-risk setting where failure could lead to death, personal injury, or significant property or environmental damage.

7.Scheduling, messaging & phone number

If you enable appointment scheduling, calendar booking, or message-taking, you are solely responsible for reviewing, confirming, and honoring any appointments, bookings, callbacks, or messages, and for any errors, double-bookings, missed appointments, or miscommunications. The Service is a convenience tool and does not guarantee that any booking, message, or callback is captured, delivered, or accurate. The telephone number provisioned for your use is supplied through our telephony provider; you receive a limited right to use it during your subscription, it is not ported to or owned by you unless separately agreed in writing, and it may be released or reassigned after cancellation or termination.

8.Fees, trial & billing

Plans, included usage allowances, and prices are shown at checkout. Eligible plans include a 7-day free trial limited to 50 minutes of usage. Unless you cancel before the trial ends, your selected plan begins and your payment method is charged. Subscriptions renew automatically for successive periods until cancelled. Payments are processed by our third-party payment processor and you authorize recurring charges. Except where required by mandatory law, all fees are non-refundable and are not pro-rated on cancellation. Usage beyond included allowances may incur extra fees. Fees are exclusive of any taxes, which are your responsibility.

9.Third-party services

The Service depends on third-party providers (including telephony, AI/voice, hosting, and payment providers). We are not responsible for the acts, omissions, availability, or performance of any third party, and your use is subject to those providers' terms. Current providers are listed in the Privacy Policy below.

10.Intellectual property

The Service, software, and all related materials remain our property and that of our licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription. You keep ownership of the content and data you provide and grant us a license to use it solely to provide, secure, maintain, and improve the Service.

11.Disclaimer of warranties

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available" without warranties or representations of any kind, whether express, implied, or statutory, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, or that the Service will be uninterrupted or error-free. You assume the entire risk arising from your use of the Service.

12.Limitation of liability

To the maximum extent permitted by applicable law, we (together with our owner and our suppliers) will not be liable for any indirect, incidental, special, consequential, or exemplary damages, nor for any loss of profits, revenue, business, goodwill, or data, nor for any property damage, personal injury, or loss, nor for any business interruption, arising out of or relating to the Service or these Terms, regardless of the legal theory and even if we were advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total fees actually paid by you to us in the three (3) months immediately before the event giving rise to the claim, or (b) US$100.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable mandatory law, including liability for unlawful intent or gross negligence under Article 100 of the Swiss Code of Obligations. The limitations above apply only to the fullest extent such law permits.

13.Time limit for claims

To the fullest extent permitted by applicable law, any claim arising out of or relating to the Service or these Terms must be notified to us in writing and brought within twelve (12) months after the event giving rise to it; otherwise the claim is permanently waived.

14.Indemnification

You will defend, indemnify, and hold harmless ForemanAI, its owner, and its suppliers from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use or configuration of the Service; (b) any call, caller, or job connected with your use of the Service; (c) any quote, scheduling, or emergency-handling decision; (d) your failure to obtain required call-recording or other consents; (e) your content or data; or (f) your breach of these Terms or of any law or third-party right.

15.Term & termination

These Terms apply while you use the Service. You may cancel at any time via your account or by contacting us, effective at the end of the current billing period. We may suspend or terminate the Service or your access at any time, with or without notice, including for breach or non-payment. Provisions that by their nature should survive (including Sections 3, 4, 5, 6, 12, 13, 14, and 15) survive termination.

16.Confidentiality

Each party will protect the other's non-public information disclosed in connection with the Service and use it only to perform under these Terms, except where disclosure is required by law.

17.Changes

We may modify the Service or these Terms at any time. Material changes are posted here with an updated effective date. Your continued use after changes take effect constitutes acceptance.

18.Force majeure

We are not liable for any delay or failure caused by events beyond our reasonable control, including outages of third-party providers, telecommunications or internet failures, acts of God, or governmental action.

19.Governing law & jurisdiction

These Terms are governed exclusively by the substantive laws of Switzerland, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for any dispute arising out of or relating to these Terms or the Service is the ordinary courts at our registered seat in the Canton of Obwalden, Switzerland. To the extent permitted by law, each party may bring claims only in an individual capacity and not as a plaintiff or member of any class or representative proceeding.

20.Miscellaneous

These Terms, together with the Privacy Policy, are the entire agreement between the parties regarding the Service and supersede all prior agreements. If any provision is held invalid or unenforceable, the remaining provisions stay in effect and the affected provision is reduced to the minimum extent necessary to be valid while preserving its intent. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them freely, including in connection with a transfer of the business. Notices may be given electronically.

This Privacy Policy explains how ForemanAI — operated by Francesco Calvia, sole proprietor trading as AutomationAI Solutions, Dammstrasse 24, 6055 Alpnach Dorf, Switzerland — handles personal information in connection with the Service. It applies to our customers (businesses) and to individuals whose calls are processed through the Service ("callers").

1.Our role

For your account and billing information, we act as the controller. For caller data processed on your behalf (such as call audio, transcripts, and caller details), you, the business, are the controller and we act as a processor acting on your instructions. You are responsible for having a lawful basis and for the notices and consents required for that processing.

2.Information we process

• Account & billing data: your name, business name, email, phone number, and payment details (card data is handled by our payment processor and not stored by us).
• Call data: caller phone numbers, call audio and/or recordings, transcripts, and any information a caller provides (e.g., name, job details, appointment requests).
• Configuration data: the business information, hours, scripts, and rules you provide.
• Technical & usage data: logs, timestamps, usage metrics, and diagnostic information.

3.How we use information

• To provide, operate, secure, and support the Service (answering, routing, and logging calls).
• To process payments and manage subscriptions.
• To monitor, troubleshoot, and improve the reliability and quality of the Service.
• To comply with legal obligations and to enforce our Terms.

4.AI processing & training

We do not use caller data to train our own general-purpose AI models. To deliver the Service, call audio and transcripts are processed by our AI/voice provider (Retell) and our telephony provider (Twilio); such processing is governed by those providers' terms and policies. We rely on these providers' handling of that data and recommend reviewing their published policies for details on their own processing and any model-training practices.

5.Sharing & subprocessors

We share information with the service providers that help us operate the Service, under appropriate contractual safeguards:

• Twilio — telephony / call connectivity
• Retell — conversational voice AI (speech recognition, response generation, and voice)
• Hetzner — hosting / infrastructure
• Stripe — payment processing (billing data)

We may also disclose information where required by law, to protect our rights, or in connection with a corporate transaction. We do not sell personal information.

6.Call recording & consent

Where the Service records, transcribes, or monitors calls, the legal responsibility for any required disclosures and consents rests with you, the business, as set out in the Terms of Service. You must inform callers and obtain consent where required by applicable law.

7.International transfers

We operate from Switzerland and rely on providers in Switzerland, the European Economic Area, and the United States, so information may be transferred to and processed in countries other than your own. Where required, such transfers rely on appropriate safeguards (such as Standard Contractual Clauses or equivalent mechanisms).

8.Retention

We retain information for as long as needed to provide the Service and for legitimate business and legal purposes, after which it is deleted or anonymized. Businesses may request deletion of caller data they control, subject to legal retention requirements.

9.Security

We apply reasonable technical and organizational measures designed to protect information. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

10.Your rights

Depending on your location, you may have rights to access, correct, delete, port, restrict, or object to the processing of your personal information, and to withdraw consent (under the Swiss FADP, the GDPR, or U.S. state privacy laws such as the CCPA/CPRA). Caller requests about data controlled by a business should be directed to that business. To exercise rights regarding data we control, contact us at info@automationai-solutions.ch.

11.Children

The Service is intended for businesses and is not directed to children, and we do not knowingly collect personal information from children.

12.Changes

We may update this Privacy Policy from time to time. Updates are posted here with a revised effective date.

13.Contact

Francesco Calvia / AutomationAI Solutions · Dammstrasse 24, 6055 Alpnach Dorf, Switzerland · info@automationai-solutions.ch