Terms of Service
Last updated: July 2026
0. Draft Notice
THIS DOCUMENT IS A DRAFT PENDING REVIEW BY LICENSED LEGAL COUNSEL. It is provided for internal review only and does not constitute legal advice. Terms may change before this agreement becomes effective.
Plain-Language Summary (not a substitute for the full Terms)
This summary is for convenience only. The full Terms below control if there is any conflict. • What you're getting: an AI receptionist ("Kayla") and CRM tools for your trades business. Kayla can miss, drop, or mishandle calls — keep a backup way to catch important and emergency calls. • Your data is yours. You can export it, and we delete it about 90 days after your account ends — the window that lets you export first — subject to legal requirements and our Privacy Policy (see Section 6 and Section 13). We do not use your data to train AI models for other customers. • Kayla is not 911. Kayla and its emergency-dispatch feature are not an emergency service, alarm-monitoring service, or a substitute for calling 911 or emergency responders. For any threat to life or property, contact emergency services directly. • Recording & the law is your responsibility: Kayla records calls and plays a disclosure, and sends SMS on your behalf, but YOU are responsible for call-recording consent and TCPA/telemarketing/text-messaging compliance for your business and your callers (see Section 4). • Our liability is limited: we are not liable for lost business, lost revenue, lost or missed calls/leads, or lost profits, and our total liability is capped (see Section 10). Please carry your own business insurance. • Billing auto-renews monthly; you can cancel anytime before your renewal date. No refunds for the current period except where the law requires (see Section 2).
1. Service Description and Acceptance
TradesCallPro is a software-as-a-service (SaaS) platform providing an AI voice receptionist and business management (CRM) tools for trades businesses, including plumbers, electricians, HVAC technicians, handymen, roofers, and general contractors. Kayla, our AI assistant, answers inbound calls, books jobs, collects deposits, manages calendars, and coordinates with your field team. The service is provided by TradesCallPro LLC ("TradesCallPro," "we," "us," or "our"). "You" and "Customer" mean the business entity or individual that registers for the service. By creating an account, clicking "I agree," or using the service, you accept these Terms of Service ("Terms") and our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of a business, you represent that you are authorized to bind that business. If you do not agree, do not use the service.
2. Plans, Billing, and Payments
TradesCallPro is offered on three subscription plans: • Quick Kayla — $59.99/month: AI call answering, emergency dispatch, SMS summaries, 300 included call minutes per billing cycle. • Kayla Office — $99.99/month: Full operations platform — jobs, workers, scheduling, payments, 5 included worker seats. • Kayla Complete — $199.99/month: All Quick Kayla and Kayla Office features combined, 1,200 included call minutes per billing cycle. Add-ons: • Extra 300-minute pack — $30/pack (one-time purchase; minutes roll over indefinitely and do not expire). • Additional worker seats — $19/seat/month (Kayla Office and Kayla Complete plans only). Billing and payments are processed by our third-party payment processor. By subscribing, you authorize TradesCallPro to charge the payment method on file on a monthly recurring basis. Subscriptions renew automatically on your billing date unless cancelled. Cancellation: you may cancel at any time from your account page. Cancellation takes effect at the end of the current billing period. No refunds are issued for the current billing period except where required by applicable law. Purchased minute packs do not expire while your subscription is active, are non-refundable, and — except where TradesCallPro terminates the service or your account for its own convenience (see Section 13) — any unused minute-pack balance is forfeited when your account ends. Plan changes (upgrades or downgrades) take effect at the next billing cycle. Seat add-ons are pro-rated to the current billing cycle. Auto-Top-Up (optional): if you enable auto-top-up on a Quick Kayla or Kayla Complete plan, TradesCallPro will automatically charge $30 for a 300-minute pack when your remaining minute balance falls to or below 5 minutes. You may disable auto-top-up at any time from your account page. Auto-renewal notice: your subscription renews automatically. We will send a renewal reminder before each renewal where required by applicable law, and provide an easy online method to cancel. [ATTORNEY TO CONFIRM automatic-renewal-statute compliance for the states where customers reside — e.g., CA, NY, IL — which prescribe specific notice content, timing, and cancellation mechanics.] You may cancel before the renewal date to avoid the next charge. Deposits collected from your customers. Where you use the service to collect deposits or payments from your own customers, those funds are collected on your behalf and settled to you through the payment processor, subject to the processor's terms. You are responsible for your own refund, deposit, cancellation, and dispute policies with your customers, and for handling any chargebacks or payment disputes they raise. TradesCallPro is not a party to the transaction between you and your customer and is not responsible for refunds, chargebacks, or disputes arising from it.
3. Acceptable Use
TradesCallPro is licensed for use by trades businesses only. You may not: • Resell, white-label, or sublicense the service without prior written permission from TradesCallPro. • Scrape, reverse-engineer, decompile, or extract data from our API or platform for purposes outside your own account. • Use the service to conduct outbound automated marketing calls or unsolicited text messages to consumers in violation of law. • Use the service in violation of any applicable law or regulation, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state call-recording laws, or consumer-protection laws. • Attempt to circumvent security measures or access another account's data. • Use the service to transmit unlawful, infringing, harassing, or harmful content. You are responsible for all activity under your account and for maintaining the confidentiality of your credentials.
4. Call Recording, TCPA, and Consumer-Contact Compliance (Customer Responsibility)
Kayla records calls for service delivery, quality assurance, and transcription. A verbal recording disclosure is provided at the start of every Kayla-answered call. AS THE BUSINESS OWNER USING TRADESCALLPRO, YOU ARE SOLELY RESPONSIBLE for compliance with all call-recording, telemarketing, and consumer-contact laws applicable to you and to your callers, including but not limited to: • Call-recording consent. Many states require all-party (two-party) consent for call recording. You are responsible for obtaining any consent required in your jurisdiction and in the jurisdictions of your callers, and for displaying appropriate notices on your phone-number listings and marketing materials, in addition to the disclosure Kayla provides on every call. • TCPA and telemarketing. You are solely responsible for compliance with the TCPA, the Do-Not-Call rules, and any state telemarketing statutes for any calls or messages you originate or direct, including obtaining any prior express written consent required before contacting a consumer. • Text messages. The service sends SMS on your behalf (for example, call summaries, booking confirmations, and follow-ups). You are solely responsible for obtaining any legally required consent — including any prior express consent required under the TCPA — from your callers and customers to receive automated or informational text messages sent through the service on your behalf, and for honoring opt-out (STOP) requests. TradesCallPro provides the recording disclosure on every Kayla-answered call as a standard feature of the service. You are responsible for determining whether that disclosure, together with any additional notices and consents you provide, satisfies the recording and consumer-contact laws applicable to your business and your callers, and for keeping the disclosure feature enabled. TradesCallPro does not represent that the disclosure alone satisfies the legal requirements applicable to your business. To the extent permitted by law, TradesCallPro is not liable for your failure to comply with applicable recording, TCPA, or consumer-contact laws, and you indemnify us for such failures under Section 11. This allocation of responsibility between you and TradesCallPro does not limit either party's independent obligations to third parties under applicable law.
5. AI Output Disclaimer
Kayla is an artificial-intelligence assistant, not a licensed contractor, dispatcher, legal advisor, or professional of any kind. Kayla's responses are generated by AI and may occasionally be inaccurate, incomplete, delayed, or unsuitable for a specific situation. The AI receptionist is not a guaranteed substitute for human answering. TradesCallPro makes no representations or warranties regarding: • The accuracy, completeness, or reliability of any information Kayla provides. • Missed calls, dropped calls, failed call handling, delayed handling, or call quality. • Missed, lost, misrouted, or mishandled leads, bookings, or messages. • Booking accuracy or scheduling conflicts. • Customer-satisfaction or revenue outcomes. Not an emergency service. Kayla and any emergency-dispatch or after-hours routing feature are conveniences for coordinating your own business and are NOT a 911 service, an emergency-response or alarm-monitoring service, or a substitute for contacting emergency responders. The service must not be relied on for situations involving a threat to life, safety, or property; in any such situation, you and your callers must contact 911 or the appropriate emergency service directly. Nothing Kayla says constitutes professional, legal, medical, financial, or technical advice. You should maintain backup contact methods for emergencies and must not rely solely on Kayla for critical or time-sensitive communications.
6. Customer Data — Ownership, License, and Responsibility
Your data is yours. As between the parties, you retain all right, title, and interest in the data, contacts, call recordings, transcripts, job records, and other content you or your callers submit to or generate through the service ("Customer Data"). Limited license to operate the service. You grant TradesCallPro a limited, non-exclusive, worldwide license to host, copy, process, transmit, and display Customer Data solely as needed to (a) provide, maintain, secure, and support the service; (b) process calls and messages through our third-party subprocessors (for example, telephony, transcription, and AI-model providers) strictly to deliver the service to you; and (c) comply with law. We use subprocessors under written terms consistent with these Terms and our Privacy Policy. No AI-training grant. TradesCallPro does not use your Customer Data to train, fine-tune, or develop general-purpose or third-party AI/ML models, and does not permit its subprocessors to use your Customer Data to train their own models. Where the service uses third-party AI providers to process a call in real time, that processing is limited to delivering your service. Any use of de-identified, aggregated data that does not identify you or any individual, solely to operate and improve the service's reliability and safety, is described in our Privacy Policy. Your responsibility for your data. You are responsible for the accuracy, quality, legality, and rights to use the Customer Data you submit, and for obtaining all consents required to submit it (including caller consents). TradesCallPro is not liable for Customer Data you input, for decisions you make based on the service, or for any content your callers provide. Export and deletion. You may export your Customer Data from your account at any time during your subscription. After termination, your right to use the service ends (see Section 13), but for 90 days we will make your Customer Data available for export through a read-only export or, on request, provide it to you in a commonly used format — unless a longer period is required by law or you request and we permit earlier deletion. After that window it is deleted in accordance with our Privacy Policy, subject to copies retained in routine backups that are overwritten on our normal backup cycle and any retention required by law.
7. Confidentiality and Data Protection
Security measures. TradesCallPro maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, use, or disclosure, including encryption of sensitive data in transit and at rest and access controls. No method of transmission or storage is perfectly secure, and we do not warrant that the service will be free from unauthorized access. Breach notification. If TradesCallPro becomes aware of a confirmed breach of security leading to the unauthorized access or disclosure of your Customer Data, we will notify you without undue delay and, where feasible, within seventy-two (72) hours of confirming the breach, and will provide information reasonably available to us about the nature of the incident and the steps taken. This timeline is a contractual commitment and does not waive or replace any shorter or different statutory notification deadline that applies to either party. Subprocessors. The service relies on third-party subprocessors (for example, telephony, transcription, AI-model, cloud-hosting, and payment providers) to operate. The current list of subprocessors and how they are used is described in our Privacy Policy. We require our subprocessors, under written terms, to protect Customer Data with obligations consistent with these Terms, including limits on their use of Customer Data and, for subprocessors that process call content, a prohibition on using your Customer Data to train their own models. [ATTORNEY + ENGINEERING TO VERIFY that each subprocessor's terms actually prohibit using your Customer Data to train their own models and align with the no-AI-training representation in Section 6.] Privacy-law alignment. Our processing of personal information is described in our Privacy Policy, which addresses applicable privacy laws including, where relevant, the California Consumer Privacy Act (CCPA/CPRA) and the EU/UK General Data Protection Regulation (GDPR). Where TradesCallPro processes personal information on your behalf as a service provider or processor, the parties will comply with the roles and obligations set out in our Privacy Policy or a separate Data Processing Addendum. If your use of the service is subject to GDPR or you require a signed Data Processing Addendum, contact legal@tradescallpro.com. The subprocessor list, retention periods, and deletion timelines in the Privacy Policy and in these Terms must remain consistent; the Privacy Policy governs the details of data handling. Confidentiality. Each party will protect the other's non-public business information disclosed in connection with the service with the same care it uses for its own confidential information and will use it only to perform under these Terms, except as required by law.
8. Intellectual Property
TradesCallPro and its licensors retain all right, title, and interest in and to the service, the Kayla platform, all software, models, prompts, workflows, documentation, and all improvements to the foregoing, including all intellectual-property rights. Nothing in these Terms transfers ownership of the platform to you. Subject to these Terms, TradesCallPro grants you a limited, non-exclusive, non-transferable, revocable license to access and use the service for your internal business purposes during your subscription. This license does not include any right to copy, modify, distribute, sell, or create derivative works of the service. You may provide feedback, and you agree we may use feedback to improve the service without obligation to you.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRADESCALLPRO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO: • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. • ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. • ANY WARRANTY THAT CALLS, MESSAGES, OR LEADS WILL BE ANSWERED, CAPTURED, ROUTED, OR DELIVERED WITHOUT INTERRUPTION OR ERROR. • ANY WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN FULL.
10. Limitation of Liability
EXCLUSION OF INDIRECT AND BUSINESS-LOSS DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRADESCALLPRO (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, LOST, MISSED, OR MISHANDLED CALLS OR LEADS, LOSS OF GOODWILL, OR LOSS OR CORRUPTION OF DATA — WHETHER OR NOT TRADESCALLPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TOTAL LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRADESCALLPRO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU ACTUALLY PAID TO TRADESCALLPRO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). [ATTORNEY TO CONFIRM the floor amount and whether a higher data-loss lane is warranted — the floor exists so the cap reads as a negotiated allocation rather than an illusory one under Washington's Consumer Protection Act.] BASIS OF THE BARGAIN. THE FEES FOR THE SERVICE ARE SET IN RELIANCE ON THE WARRANTY DISCLAIMER AND THE LIABILITY LIMITATIONS IN THESE TERMS; ABSENT THEM, THE FEES WOULD BE MATERIALLY HIGHER. THESE LIMITATIONS ARE A FUNDAMENTAL, BARGAINED-FOR BASIS OF THE AGREEMENT BETWEEN THE PARTIES. APPLICATION AND SEVERABILITY OF THIS SECTION. THE LIMITATIONS IN THIS SECTION APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY. THE EXCLUSION OF INDIRECT AND BUSINESS-LOSS DAMAGES AND THE TOTAL LIABILITY CAP ARE INTENDED TO BE INDEPENDENT: IF THE DAMAGES EXCLUSION IS HELD UNENFORCEABLE, THE TOTAL LIABILITY CAP STILL APPLIES, AND VICE VERSA. EXCEPTIONS AND LOCAL LAW. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, SUCH AS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD WHERE THE GOVERNING LAW PROHIBITS LIMITING IT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU IN FULL, AND YOU MAY HAVE ADDITIONAL RIGHTS.
11. Indemnification
You agree to defend, indemnify, and hold harmless TradesCallPro and its officers, directors, employees, agents, and licensors from and against any third-party claims, damages, losses, liabilities, and reasonable expenses (including reasonable attorneys' fees) arising out of or related to: • Your use of the service or violation of these Terms or the Acceptable Use section. • Your violation of any applicable law or regulation, including the TCPA, call-recording consent laws, telemarketing laws, and data-privacy laws. • Your violation of any third-party rights, including privacy or intellectual-property rights. • A third-party claim arising from Customer Data or other content you or your callers submit through the service. This indemnity does not apply to the extent a claim arises from TradesCallPro's own gross negligence, willful misconduct, or breach of these Terms. Procedure. TradesCallPro will (a) promptly notify you of the claim (a delay does not relieve you except to the extent you are prejudiced), (b) give you sole control of the defense and settlement (provided any settlement that imposes any obligation or payment on, admits fault by, or fails to fully and unconditionally release, TradesCallPro requires our prior written consent), and (c) reasonably cooperate at your expense. This indemnity is not subject to the liability cap in Section 10.
12. Service Availability and Third-Party Dependencies
Target availability. TradesCallPro will use commercially reasonable efforts to keep the service available. We do not commit to a specific uptime percentage in these Terms. If TradesCallPro publishes a separate written service-level commitment for your plan, any remedy for failing to meet it will be limited to service credits as described in that commitment, and service credits are your sole and exclusive remedy for availability shortfalls. No availability shortfall gives rise to damages. Third-party and out-of-scope failures. The service depends on third parties and on your own systems. TradesCallPro is not responsible for, and availability commitments do not cover, failures or degradations caused by: telephone carriers and telecommunications networks; the payment processor; AI-model, transcription, or voice providers; internet or cloud-infrastructure providers; your own equipment, network, phone service, or configuration; force-majeure events; or scheduled or emergency maintenance. You are responsible for maintaining backup contact methods for critical and emergency communications.
13. Term, Termination, and Suspension
You may terminate your account at any time by cancelling your subscription from your account page or by contacting legal@tradescallpro.com. Termination takes effect at the end of the current billing period. TradesCallPro may suspend or terminate your account if: (a) you materially violate these Terms; (b) we are required to do so by law; (c) your payment method fails and is not resolved within 7 days; (d) your use poses a security or legal risk; or (e) we discontinue the service (in which case we will provide reasonable advance notice where practicable). Upon termination, your right to access and use the service ceases; the post-termination export of your Customer Data is handled as described in Section 6. Purchased minute-pack balances are non-refundable and are otherwise handled as described in Section 2. Refund on our discontinuation or convenience termination. If TradesCallPro terminates your account or discontinues the service for its own convenience (Section 13(e)) rather than for your breach, non-payment, or legal/security risk, we will refund the pro-rated portion of any prepaid subscription fees for the remainder of the then-current billing period. No refund is owed where termination is for your breach, non-payment, or legal or security risk. Survival. The following survive termination: Section 2 (for amounts owed and prepaid-balance treatment), Section 3, Section 6, Section 7, Section 8, Section 9, Section 10, Section 11, Section 14, and Section 16, together with any other provision that by its nature should survive.
14. Dispute Resolution and Governing Law
Governing law. These Terms are governed by the laws of the State of Washington, United States, without regard to its conflict-of-law provisions and excluding the U.N. Convention on Contracts for the International Sale of Goods. Informal resolution first. Before initiating any formal proceeding, you agree to contact us at legal@tradescallpro.com and to attempt in good faith to resolve the dispute informally for at least 30 days. Venue. If informal resolution fails, the exclusive venue for any dispute arising out of or relating to these Terms or the service is the Washington state courts located in Kitsap County, Washington, or, for any matter within federal jurisdiction, the United States District Court for the Western District of Washington; both parties consent to personal jurisdiction and venue in those courts. Nothing in this section limits either party's right to seek injunctive or other equitable relief in a court of competent jurisdiction. [PENDING COUNSEL DECISION: whether to add binding arbitration with a class-action waiver in place of, or in addition to, the courts-based model above. This affects enforceability and consumer-protection exposure and must be decided by the attorney before launch.]
15. Changes to Terms
We will provide at least 30 days' notice by email or in-product notice before making material changes to these Terms. Non-material changes (such as clarifications or corrections) may be made without notice. Continued use of the service after the effective date of updated Terms constitutes your acceptance. If you do not agree to the updated Terms, you must cancel your subscription before the effective date.
16. Miscellaneous
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and TradesCallPro regarding the service and supersede prior agreements on that subject. Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions remain in effect. No waiver. A failure to enforce any provision is not a waiver of it. Assignment. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
17. Contact
For legal inquiries: TradesCallPro LLC Port Orchard, Washington, USA Email: legal@tradescallpro.com