Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Moseby, by alami (“Moseby,” “we,” “us”), which provides an AI phone-receptionist, text-messaging, and booking-coordination service for businesses (the “Service”). By accessing or using the Service — our website, phone answering, or text messaging — you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility & authority

You must be at least 18. If you enroll a business, you represent that you are authorized to bind that business to these Terms and that the information you provide is accurate.

2. The Service; role of Moseby

Moseby answers calls to your business line when you can’t, quotes from the configuration you provide, captures bookings and requests, and texts you to approve them. Bookings are fulfilled by your business. Moseby is a coordination tool and is not a party to, and is not responsible for, the products, services, premises, pricing, quality, safety, licensure, or conduct of your business. A captured booking is a request; fulfillment is your responsibility.

3. Automated & AI-assisted service

The Service is provided through automated systems, including AI phone agents, transcription, and messaging. Automated systems can make errors — mishearing, mis-transcribing, or misstating hours, prices, services, or availability. The agent answers only from the configuration you provide, and you are responsible for the accuracy of that configuration and for reviewing the bookings you approve. Calls may be recorded and transcribed as described in our Privacy Policy. To the fullest extent permitted by law, Moseby disclaims liability for errors, omissions, interruptions, or failures of automated systems.

4. Your responsibilities

You agree to: keep your services, prices, hours, and policies accurate in the Service; respond to booking-approval texts in good faith and honor confirmed bookings; use the Service only for lawful, non-deceptive communications; and not send unsolicited or unlawful messages through it. You are responsible for all activity under your account and for the phone number you provide.

5. Consents & compliance

You are responsible for obtaining and maintaining all consents the law requires for Moseby to communicate with your customers on your behalf, including consent to record and transcribe calls (which varies by state, including all-party-consent states) and consent to send text messages (including under the TCPA and carrier A2P rules). You will honor opt-outs, provide accurate business information for messaging registration, and comply with all laws applicable to your business. You will indemnify Moseby for claims arising from your failure to obtain required consents or to comply with law.

6. SMS / text messaging

By providing a mobile number, you consent to receive booking and account texts. Message frequency varies. Message and data rates may apply. Reply STOP to cancel or HELP for assistance. Carriers are not liable for delayed or undelivered messages.

7. Bookings, deposits & payments

Deposits, prepayment, refunds, cancellation, no-show policies, and pricing for your services are set and fulfilled solely by you; any dispute about them is between you and your customer. Where the Service processes payments, it does so through a third-party processor (Stripe); Moseby does not store full card numbers.

8. Billing & subscription

Subscription plans are billed monthly, in advance, per venue, as described on our pricing page (including any fair-use minutes and overage). Fees are non-refundable except where required by law. Either party may cancel at any time, effective at the end of the current billing period. We may change pricing prospectively with notice.

9. Regulated industries & HIPAA

Unless we have signed a Business Associate Agreement with you, the Service is not configured for protected health information and Moseby is not your HIPAA business associate. If you operate in healthcare, dental, or another regulated field, you are responsible for configuring the Service appropriately and for your own regulatory compliance.

10. Acceptable use

You agree not to misuse or disrupt the Service; make fraudulent bookings; harass or harm others or our personnel; probe, scrape, reverse-engineer, or attempt to manipulate or extract our automated systems; or use the Service to violate any law or third-party right. We may suspend or terminate access for violations.

11. Intellectual property; feedback

The Service, including software, prompts, designs, and marks, is owned by Moseby or its licensors. We grant you a limited, revocable, non-exclusive, non-transferable license to use it for its intended purpose. If you submit feedback, you grant us a perpetual, royalty-free license to use it without restriction.

12. Third-party services

The Service depends on third-party providers (telephony and messaging, voice AI, AI/LLM, hosting, and payments). We are not responsible for their services, outages, or acts, and your use of them may be subject to their terms.

13. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY CALL WILL BE ANSWERED, ANY BOOKING CAPTURED OR HONORED, OR ANY QUOTE ACCURATE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO SOME MAY NOT APPLY TO YOU.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, Moseby AND ITS OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY; AND Moseby’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE OR ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITS APPLY REGARDLESS OF LEGAL THEORY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Dispute resolution — arbitration & class-action waiver

Please read carefully. Except for small-claims matters and requests for injunctive relief regarding intellectual property, any dispute arising out of or relating to these Terms or the Service will be resolved by final, binding arbitration on an individual basis, administered by the American Arbitration Association under its applicable rules, in Los Angeles County, California, or by videoconference. The Federal Arbitration Act governs this provision. YOU AND Moseby EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. You may opt out by emailing hello@themoseby.com within 30 days of first accepting these Terms.

16. Indemnification

You agree to defend, indemnify, and hold harmless Moseby and its officers, employees, and agents from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: your use of the Service; your services, premises, personnel, or customer relationships; your content or configuration; your violation of these Terms or any law; or your failure to obtain the consents described in Section 5.

17. Governing law; changes; survival

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules; subject to Section 15, venue is the state or federal courts in Los Angeles County, California. We may modify the Service or these Terms; material changes are indicated by updating the effective date, and continued use constitutes acceptance. Provisions that by their nature should survive termination (including 2–3, 5, 7, 9, 11, and 13–16) survive.

18. General & contact

These Terms and the Privacy Policy are the entire agreement between you and Moseby regarding the Service. If any provision is unenforceable, the rest stays in effect. You may not assign these Terms; we may. Notices to us: hello@themoseby.com.