Merchant Service Agreement

These terms govern businesses ("Merchant," "you") that use the KwickPhone AI receptionist and communications service ("Service") provided by Jins Tech Corporation, DBA KwickOS ("KwickPhone," "we," "us"). They are the "separate service agreement" referenced in our Terms of Service; for business use, these terms control.

1. What the Service is

KwickPhone supplies technology — an automated, AI-powered phone assistant that answers and places calls and sends text messages on your behalf, and related scheduling, ordering, and messaging tools. We provide the tools; you run your business. We are a technology service provider, not your employee, agent, or a provider of your underlying services.

2. Service provided "as is"; no accuracy guarantee

The Service is provided "as is" and "as available." Artificial-intelligence understanding of human speech is not, and cannot be, 100% accurate — accents, background noise, poor signal, and ambiguous requests all affect results. The AI assistant may mishear, misinterpret, misclassify, get a detail wrong (for example, hearing "3 PM" as "3 AM"), respond imperfectly, or miss a call entirely. We work continually to improve accuracy, but we do not warrant any specific accuracy level, uptime, or result, and we disclaim all implied warranties (including merchantability, fitness for a particular purpose, and non-infringement) to the fullest extent permitted by law.

3. Your responsibility to review and verify

You are solely responsible for: accurately configuring your menu, pricing, availability, hours, and rules; reviewing, confirming, and fulfilling every order, booking, payment, and message the Service handles; the final accuracy of each transaction with your customers; and complying with all laws applicable to your business. Do not rely on the Service without human review.

4. Limitation of liability

To the fullest extent permitted by law, KwickPhone is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, sales, customers, data, or goodwill — including any loss arising from a missed call, an incorrect or incomplete order or booking, a mistaken time, a downtime or outage, or a third-party or carrier failure — even if advised of the possibility. Our total aggregate liability for any and all claims is limited to the fees you paid us for the Service in the three (3) months immediately before the event giving rise to the claim (or USD $100 if you paid nothing). Some jurisdictions limit these exclusions; they apply to the maximum extent allowed.

5. Telephone, messaging & consent (TCPA) — your warranties and indemnity

The Service can send transactional confirmations and follow-ups and, where you enable it, place outbound calls or texts. You represent and warrant that, for every phone number you provide or load for outbound contact, you have obtained and maintain all legally required consent — including prior express written consent where the law (such as the Telephone Consumer Protection Act, "TCPA") requires it — and that your lists were lawfully obtained and are not used for unlawful or harassing contact. You will honor opt-out (STOP) requests.

Indemnification. You agree to indemnify, defend, and hold harmless KwickPhone and its affiliates and personnel from any claim, demand, fine, penalty, loss, or cost (including reasonable attorneys' fees) arising from outbound communications made using numbers or lists you provided or instructed us to contact, or from your breach of the consent warranties above.

6. Call recording & consent notices — do not disable them

Recording laws vary by state, and several states require all parties to consent to recording. The Service provides automated spoken notices (for example, that the call is automated/AI and that it may be recorded). You must not disable, suppress, alter, or circumvent these notices. If you do, and a recording or wiretapping law is violated as a result, you are solely responsible and you indemnify KwickPhone for any resulting claim, fine, or cost. You are responsible for any additional notice or consent your jurisdiction or business requires.

7. No emergency or medical triage

The Service must not be configured or used to diagnose, triage, give medical or safety guidance for, or otherwise handle medical or life-safety emergencies. If a caller raises an emergency (for example, words indicating severe injury, heavy bleeding, chest pain, difficulty breathing, fire, or a gas leak), the assistant's only role is to tell the caller to hang up and call 911. If you configure or use the Service to provide emergency, diagnostic, or triage functions, you do so entirely at your own risk and assume full legal responsibility, and you indemnify KwickPhone for any resulting claim.

8. Healthcare data (HIPAA)

If your use involves protected health information (PHI), our handling is governed by a separate Business Associate Agreement (BAA), which controls over this Agreement for PHI. See our Trust & Compliance Center to request a BAA. Do not transmit PHI through the Service without an executed BAA in place.

9. Payments and deposits

Where the Service helps collect a deposit or payment from your customers, it does so on your behalf as a technical conduit. The funds are yours; you are the merchant of record for your transactions and are responsible for fulfillment, refunds, chargebacks, disputes, applicable taxes, and your own deposit, no-show, and cancellation policies. KwickPhone is not a party to those transactions and is not a bank, payment processor of record, escrow agent, or money transmitter for your funds.

10. Your data, confidentiality & use of interaction data

As between us, your business and customer data — including your customer lists, orders, and call content — belong to you. We protect it using industry-standard safeguards, including encryption in transit and at rest, and we do not sell it or share it with your competitors. We use it to provide and support the Service and as described in our Privacy Policy. You grant us a royalty-free, non-exclusive license to use de-identified and aggregated interaction data (with personal identifiers removed) to operate, secure, measure, and improve the Service and our AI models. This license excludes PHI, which is used only as permitted by the BAA.

11. Acceptable use

You will not use the Service to violate any law, to send unlawful, deceptive, or harassing communications, to impersonate others, to infringe rights, or to interfere with or attempt unauthorized access to the Service. We may suspend or terminate the Service for breach of this Agreement or to protect the Service, our other customers, or the public.

12. Term, termination & changes

This Agreement applies while you use the Service and continues for any provision that by its nature should survive (including Sections 4–10). Either party may terminate as provided in your order or plan. We may change this Agreement; the current version is posted here with its date, and your continued use after a change means you accept it.

13. Governing law

This Agreement is governed by the laws of the State of Texas, USA, without regard to conflict-of-laws rules, and the parties submit to the courts located in Texas for any dispute, except as required by applicable law.

14. Contact

Jins Tech Corporation (DBA KwickOS), Spring, Texas, USA. Email [email protected] · (888) 355-6996. Related: Terms of Service · Privacy Policy · AI & Communications Disclosure · Service & Liability Disclaimer · Trust & Compliance.