Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Zduhac, Inc. ("Zduhac," "we," "our," or "us") governing your access to and use of the Zduhac AI Dispatcher service, including our website, applications, and related services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

If you are using the Service on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

2. Description of Service

Zduhac provides an AI-powered emergency dispatcher service designed for water damage, fire restoration, and related emergency service companies. The Service includes:

• Automated inbound call handling via AI voice agents
• Emergency triage and incident classification
• Collection of caller information and insurance data
• Crew dispatch via SMS and voice notifications (Wake-Up Protocol)
• Call recording, transcription, and analytics
• Dashboard for incident management and reporting

2.1 Service Limitations

IMPORTANT: ZDUHAC IS NOT AN EMERGENCY SERVICE AND IS NOT A SUBSTITUTE FOR 911 OR OTHER EMERGENCY SERVICES. Our Service is designed to help restoration companies manage their after-hours call handling. In the event of a life-threatening emergency, callers should be instructed to dial 911 immediately.

3. Account Registration

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe are being used in violation of these Terms.

4. Subscription and Payment

4.1 Subscription Plans

We offer the following subscription plan:

• Command Center: $997/month or $9,970/year - Includes 24/7 AI dispatcher coverage, Wake-Up Protocol, insurance intake, multi-crew dispatch, up to 3 AI phone numbers, and 2,500 included minutes per month

4.2 Billing

• All payments are processed securely through Stripe
• Subscriptions are billed in advance on a monthly or annual basis
• Overage minutes beyond your plan's included minutes are billed at $0.12 per minute
• All fees are non-refundable except as expressly set forth herein
• We may change our pricing with 30 days' advance notice

4.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period. You will continue to have access to the Service until then. No prorated refunds are provided for partial billing periods.

4.4 Refund Policy

We offer a 14-day money-back guarantee for new subscriptions. If you are not satisfied with the Service within the first 14 days of your initial subscription, contact us for a full refund. This guarantee does not apply to subscription renewals.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable federal, state, local, or international law or regulation
• Infringe upon the rights of others, including intellectual property rights
• Transmit spam, malware, or other harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use the Service for any illegal telemarketing or robocalling activities
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service in a manner that could disable, overburden, or impair it
• Use automated means to access the Service without our permission
• Collect or harvest personal information about other users

6. Call Recording and Consent

IMPORTANT: You acknowledge and agree that:

• Our AI dispatcher records all calls for quality assurance, documentation, and service delivery purposes
• Our AI provides verbal disclosure at the beginning of each call that the call may be recorded
• YOU ARE SOLELY RESPONSIBLE for ensuring compliance with all applicable federal, state, and local call recording laws in your jurisdiction and the jurisdictions where your callers are located
• Some jurisdictions require all-party consent for call recording; you must verify and comply with applicable requirements
• You will indemnify and hold Zduhac harmless from any claims arising from your failure to comply with call recording laws

7. AI Technology Disclaimer

You acknowledge and understand that:

• Our Service uses artificial intelligence technology that, while sophisticated, is not infallible
• AI responses may occasionally be inaccurate, incomplete, or inappropriate
• The AI may misunderstand caller intent, especially in noisy environments or with heavy accents
• Call transcriptions may contain errors
• You should not rely solely on the AI for critical decisions without human review
• We continuously improve our AI but cannot guarantee perfect performance

You assume all risks associated with the use of AI technology in your business operations.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including all software, content, features, designs, and branding, is owned by Zduhac and protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our written permission.

8.2 Your Content

You retain ownership of data and content you upload or create through the Service ("Your Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process Your Content solely to provide and improve the Service.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property, and we may use them without restriction or compensation to you.

9. Confidentiality

We will maintain the confidentiality of Your Content and will not disclose it to third parties except: (a) as necessary to provide the Service; (b) with your consent; (c) as required by law; or (d) in anonymized or aggregated form for analytics and service improvement.

10. Service Level Agreement

We strive for 99.9% uptime for our voice services. In the event of service disruptions:

• We will use commercially reasonable efforts to restore service promptly
• We will communicate status updates through our status page and email
• Service credits may be provided at our discretion for extended outages exceeding our SLA

Scheduled maintenance will be communicated at least 24 hours in advance when possible.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZDUHAC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

You agree to indemnify, defend, and hold harmless Zduhac and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your violation of any third-party rights, including call recording consent laws
• Your Content or data you provide through the Service
• Your violation of any applicable laws or regulations
• Any claims by your customers, callers, or third parties related to your use of the Service

14. Dispute Resolution

14.1 Informal Resolution

Before filing any legal claim, you agree to contact us and attempt to resolve any dispute informally. Most disputes can be resolved quickly through good-faith discussion.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Zduhac agree to resolve any disputes through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted in San Francisco, California, unless we agree otherwise. Each party will bear its own costs, and the arbitrator's decision will be final and binding.

14.3 Class Action Waiver

YOU AND ZDUHAC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Exceptions

Either party may bring claims in small claims court if eligible. Either party may seek injunctive relief in any court of competent jurisdiction for intellectual property infringement or unauthorized access to the Service.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

16. Force Majeure

Zduhac shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemic or epidemic, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17. Termination

We may suspend or terminate your access to the Service at any time for:

• Violation of these Terms
• Non-payment of fees
• Conduct that we believe is harmful to other users or our business
• Extended periods of inactivity

Upon termination, your right to use the Service ceases immediately. We will make your data available for export for 30 days after termination, after which it may be deleted.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email and/or by posting a notice on our Service at least 30 days before the changes take effect. Your continued use of the Service after such notification constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

19. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and Zduhac regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
• No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.

20. Contact Information

For questions about these Terms, please contact us: