Accounts and eligibility

You confirm that you are authorized to bind your organization to these Terms. You must be at least 18 years old, and our services are currently offered only to organizations in the United States. You must give accurate information, keep your login credentials secure, and are responsible for all activity under your account, including by your staff and volunteers ("Users").

The services

Missional Agents provides an AI-powered receptionist that answers phone calls for your organization, takes messages, routes and escalates calls, can send a text message during a call when a caller asks for one, and records, transcribes and summarizes calls in an online dashboard (the "Services"). Plans, pricing and usage limits are in your order form or on our website.

We may update, add or remove features. We will give reasonable notice of any change that materially reduces the Services you have paid for. We aim for high availability but do not guarantee uninterrupted or error-free service, and the Services depend on third-party providers such as telephone carriers and AI vendors.

AI, emergencies and professional advice

The AI receptionist can make mistakes. It may mishear, misunderstand, give incomplete or incorrect answers, or fail to detect an emergency. It is not a person, pastor, counselor, physician, lawyer or emergency service, and you must not present it as one.

You are responsible for:

• Keeping accurate escalation contacts, hours, policies and answers in your settings;
• Having staff who receive and act on urgent messages and escalations;
• Reviewing call records, especially requests for pastoral care, crisis calls and benevolence requests;
• Giving callers other ways to reach you and to get emergency help, such as calling 911, or calling or texting 988 in the U.S.

Our emergency detection is a helpful tool and not a guarantee. We recommend you do not rely on it as your only way to learn of an emergency.

Your responsibilities and acceptable use

You will use the Services lawfully and will:

• Give callers every notice and obtain every consent that applies to recording, AI use and text messages, including in states that require all parties to consent to recording, and keep the required notices in your greeting;
• Comply with laws on calls and text messages (including the Telephone Consumer Protection Act) for any outreach you do;
• Make our Privacy Policy available to callers where the law requires you to give them a privacy notice;
• Not intentionally collect payment card numbers, government ID numbers or similar data through the Services;
• Not use the Services to harass, deceive, impersonate, discriminate, send unsolicited marketing, or violate anyone's rights;
• Not reverse engineer the Services, interfere with their security, or use them to build a competing product; and
• Not use the Services in a way that violates law or that could harm other customers or us.

We may suspend access if we reasonably believe you are violating this section.

Your data, privacy and the DPA

You own the call audio, transcripts, messages and other content processed through the Services ("Customer Data"). You give us a limited license to process Customer Data to provide, secure, support and improve the Services, as described in our Privacy Policy and Data Processing Addendum.

Our Data Processing Addendum is part of these Terms and applies automatically when we process personal information for you. We do not sell Customer Data. We do not use it, and our AI vendors may not use it, to train third-party AI models.

Call audio is kept for 6 months and then deleted. Text transcripts are kept while your account is active and are deleted following account closure, or sooner if you ask us to.

Our intellectual property

We and our licensors own the Services, including the software, AI configurations, dashboard, designs and documentation. We grant you a limited, non-exclusive, non-transferable right to use the Services during the term for your organization's internal ministry and administrative purposes. You may use the outputs the Services produce for you, such as transcripts and summaries. If you give us feedback, we may use it without restriction or payment.

We may use de-identified and aggregated usage information to operate and improve the Services, as described in our Privacy Policy.

Fees and payment

You will pay the fees based on the plan you select, plus applicable taxes. Payments are processed by Stripe. Subscriptions renew automatically each billing period until canceled. We may change prices on 30 days' notice, effective at your next renewal. Fees are non-refundable except as required by law. If a payment fails, we may suspend the Services after notice until you pay. Telephone carrier, text message and other third-party charges that are not part of your plan are your responsibility.

Term and termination

These Terms last as long as you have an account. You may cancel at any time in the dashboard or by contacting us, and cancellation takes effect at the end of the current billing period. We may suspend or terminate your account for a material breach that you do not fix within 15 days of notice, for non-payment, or immediately if needed to protect people, the Services or legal compliance.

When your account ends, your access stops and we will delete your data as described in the DPA. Sections that by nature should survive will survive, including Sections 5, 6, 10, 11, 12, 13 and 14.

Third-party services

The Services rely on third parties, including telephone carriers, voice and AI providers, and payment processors. We are not responsible for their acts or outages, and their terms may apply to some features. Phone numbers you port or provide must be ones you are entitled to use.

Confidentiality

Each party will protect the other's non-public business information that is marked or reasonably understood to be confidential, use it only to perform the Agreement, and disclose it only to people who need it and are bound to confidentiality. This does not cover information that is public, already known to the recipient, independently developed, or required to be disclosed by law. Customer Data is also governed by Section 5 and the DPA.

Warranties and disclaimers

Each party warrants that it has authority to enter into these Terms. We will provide the Services in a professional manner.

Except as stated, the Services are provided "as is" and "as available." We disclaim all other warranties, including merchantability, fitness for a particular purpose, non-infringement, and that the Services will be uninterrupted, error-free, or that AI outputs will be accurate, complete or appropriate for any situation.

Limitation of liability

To the extent the law allows, neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or lost profits, revenue or data, even if advised of the possibility. Each party's total liability arising out of the Agreement will not exceed the fees you paid us in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations, a party's fraud or willful misconduct, or liability the law does not allow to be limited.

Indemnification

You will defend and indemnify us against third-party claims, and the resulting losses and reasonable legal fees, arising from your use of the Services in violation of law or these Terms, including failing to give required recording, AI or messaging notices and consents. We will defend and indemnify you against third-party claims that the Services, as we provide them, infringe that party's intellectual property rights. The indemnified party must give prompt notice, reasonable cooperation, and control of the defense and settlement to the indemnifying party.

Governing law and disputes

These Terms are governed by Arizona law, without regard to conflict-of-law rules. Before filing a claim, each party will try to resolve the dispute informally for 30 days after written notice. Any claim that is not resolved will be brought in the state or federal courts located in Maricopa County, Arizona, and each party consents to that venue.

General

• Changes. We may update these Terms. We will give 30 days' notice of material changes by email or in the dashboard. If you continue to use the Services after the effective date, you accept the changes, and you may cancel before then if you disagree.
• Entire agreement. These Terms, your order form, the Privacy Policy and the DPA are the entire agreement on this subject. If they conflict, the order form controls, then the DPA for personal data processing, then these Terms.
• Assignment. You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, such as outages of carriers or the internet, or natural disasters.
• Notices. We may send notices to the email on your account. Send notices to us at the contact below.
• Other. If a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver. The parties are independent contractors.

Contact: Missional Software, LLC, 1739 East Kenwood Street, Mesa, AZ 85203. Email: privacy@missionalsoftware.com or call 480-212-1125.