Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the services, software, and websites operated by Louneh (“Louneh,” “we,” “us”), collectively the “Services.” By creating an account or using the Services, you agree to these Terms.
1. Acceptance
If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business. The word “you” refers to that business and to you personally as the authorized signer.
2. The Services
Louneh provides an AI-powered phone answering, scheduling, and customer-communication platform. Features include but are not limited to: inbound and outbound voice calls, SMS, calendar booking, deposit collection via our payment processor, dashboards, analytics, integrations with practice-management systems, and APIs.
We may add, change, or remove features over time. Material reductions in functionality will be announced to active Customers in writing in advance.
3. Your account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at security@louneh.ai of any unauthorized access.
4. Fees and payment
- Subscription fees are billed monthly in advance to the payment method on file.
- Starter and Practice include a monthly voice-minute allowance with no per-booking fee or automatic overage charge. Additional usage requires an agreed upgrade or custom quote.
- All fees are stated in U.S. dollars and are exclusive of taxes, which you are responsible for.
- Failed payments may result in suspension after a 7-day grace period and written notice.
- You may cancel at any time. Cancellation takes effect at the end of the current billing period; we do not pro-rate.
5. Your content
You retain all rights to the content you and your callers submit through the Services (“Customer Content”), including call recordings, transcripts, messages, and appointment data. You grant us a limited, non-exclusive, worldwide license to host, process, transmit, and display Customer Content solely as needed to provide the Services, and to use de-identified, aggregated data to improve the Services.
We do not sell Customer Content and we do not use it to train any public foundation model.
6. Acceptable use
You may not, and may not permit anyone to:
- Use the Services to violate any law, including telemarketing, robocall, or wiretap statutes.
- Use the Services to send unlawful, harassing, defamatory, or fraudulent communications.
- Reverse engineer, decompile, or attempt to extract source code, except as permitted by law.
- Probe, scan, or attempt to defeat the security of the Services, except under our published vulnerability disclosure policy.
- Resell or sublicense the Services without our written agreement.
- Use the Services to collect health information, payment data, or other sensitive data in ways that violate applicable law.
7. PHI and BAA
If you handle protected health information (PHI) through the Services, you must execute our Business Associate Agreement before any PHI flows through your account. The template BAA is published at /baa. Where these Terms and the BAA differ for PHI, the BAA controls.
8. Third-party services
The Services integrate with third-party services (your PMS, Stripe, Twilio, etc.). Your use of those services is governed by their own terms; we are not responsible for their availability or behavior.
9. Intellectual property
We own all right, title, and interest in the Services, including software, models, documentation, and trademarks. No rights are granted to you except those expressly stated in these Terms.
10. Warranties and disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA.
12. Indemnification
You will defend, indemnify, and hold us harmless from third-party claims arising from your Customer Content, your use of the Services in violation of these Terms, or your violation of applicable law.
13. Term and termination
These Terms remain in effect while you have an account. Either party may terminate for material breach with 30 days’ written notice if not cured. We may suspend or terminate immediately for safety, security, or legal reasons.
On termination, you may export your data for 30 days. After that window, we delete Customer Content in accordance with our retention defaults and any applicable law.
14. Changes to terms
We may update these Terms from time to time. Material changes will be announced to active Customers at least 30 days in advance. Continued use after the effective date constitutes acceptance.
15. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Disputes will be resolved exclusively in the state or federal courts located in Delaware, and each party consents to personal jurisdiction there.
16. Miscellaneous
These Terms, the BAA (if applicable), and any order form together form the entire agreement between you and us. If any provision is held unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger or acquisition. Notices to us go to legal@louneh.ai.