Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and WESTMINSTER INNOVATION LLC ("Company," "we," "us," or "our"), governing your access to and use of the NexField CRM platform, including any associated websites, applications, APIs, and services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Service

NexField CRM is a customer relationship management platform designed for service businesses, providing:

• Order Management: Create, track, and manage service orders and appointments
• Client Management: Store and organize customer information and service history
• AI Voice Assistant: Automated phone receptionist for appointment booking and customer inquiries
• Invoice Generation: Create and send professional invoices to clients
• Technician Portal: Mobile-friendly interface for field technicians
• Online Booking: Public booking pages for customer self-scheduling
• Call Recording & Transcription: Recording and analysis of AI-handled calls
• Affiliate Program: Partnership opportunities for referrals

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Accept responsibility for all activities that occur under your account
• Immediately notify us of any unauthorized use of your account

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.

4. Subscription Plans and Payment

4.1 Subscription Tiers

The Service is offered through the following subscription plans:

• Free Plan: Basic CRM functionality with limited features
• Pro Plan: Full access to all features including AI Voice Assistant, with usage-based pricing for AI minutes

4.2 Billing and Payment

Pro Plan subscriptions are billed on a monthly recurring basis. By subscribing to a paid plan, you authorize us to charge your designated payment method for the subscription fee and any applicable overage charges. All payments are processed securely through Stripe, our third-party payment processor.

4.3 AI Assistant Usage and Overage

Pro Plan includes a monthly allocation of AI Assistant minutes. Usage exceeding the included minutes will be billed as overage at the rates specified in your subscription details. AI minutes are calculated based on actual call duration and reset at each billing cycle.

4.4 Price Changes

We reserve the right to modify pricing at any time. Price changes will be communicated at least 30 days in advance and will take effect at your next billing cycle. Continued use of the Service after a price change constitutes acceptance of the new pricing.

4.5 Refund Policy

Subscription fees are generally non-refundable. However, we may provide refunds or credits at our sole discretion in cases of:

• Service unavailability exceeding 24 consecutive hours due to our fault
• Duplicate charges or billing errors
• Other circumstances we deem appropriate

Overage charges for AI minutes already consumed are non-refundable under any circumstances.

5. AI Voice Assistant Terms

5.1 Call Recording Consent

The AI Voice Assistant may record telephone conversations for quality assurance, training, and documentation purposes. BY USING THE AI VOICE ASSISTANT FEATURE, YOU REPRESENT AND WARRANT THAT:

• You will comply with all applicable federal and state laws regarding call recording, including but not limited to obtaining necessary consent from callers
• You understand that some jurisdictions require all-party consent for call recording
• You are solely responsible for ensuring compliance with call recording laws in your jurisdiction
• You will configure appropriate disclosure messages through your AI Assistant settings

5.2 AI Limitations

You acknowledge and agree that:

• The AI Voice Assistant uses artificial intelligence and may not always respond correctly or appropriately
• The AI is not a substitute for human judgment, particularly in emergency situations
• We do not guarantee the accuracy of AI transcriptions, summaries, or bookings
• You are responsible for reviewing and verifying all AI-generated information
• The AI may experience downtime, errors, or service interruptions

5.3 Prohibited AI Uses

You agree NOT to use the AI Voice Assistant for:

• Emergency services or life-threatening situations
• Healthcare diagnosis, treatment, or medical advice
• Legal advice or legal services
• Financial advice or securities trading
• Fraudulent, deceptive, or illegal purposes
• Harassment, spam, or unsolicited communications
• Collection of sensitive personal information beyond appointment scheduling

6. User Responsibilities and Acceptable Use

6.1 Lawful Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Violate any applicable local, state, national, or international law or regulation
• Infringe upon the intellectual property rights of others
• Transmit any material that is defamatory, obscene, or otherwise objectionable
• Impersonate any person or entity or falsely state your affiliation
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use any robot, spider, or automated device to access the Service
• Introduce viruses, malware, or other harmful code

6.2 Data Accuracy

You are solely responsible for the accuracy, quality, and legality of all data you upload, store, or process through the Service. This includes customer information, contact details, and any other content you provide.

6.3 Customer Communications

You are responsible for ensuring that your use of the Service to communicate with customers complies with all applicable laws, including but not limited to:

• Telephone Consumer Protection Act (TCPA)
• CAN-SPAM Act
• State telemarketing and communication laws
• Do-Not-Call regulations

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its original content, features, functionality, and underlying technology, is owned by WESTMINSTER INNOVATION LLC and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.

7.2 Your Content

You retain ownership of all content you submit to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your content solely for the purpose of providing and improving the Service.

7.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without any obligation to compensate you, and we may incorporate such feedback into the Service.

8. Third-Party Services

The Service integrates with and relies upon third-party services, including but not limited to:

• Stripe: Payment processing
• VAPI.ai: Voice AI infrastructure
• Twilio: Telephony and SMS services
• ElevenLabs: Voice synthesis

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or reliability of third-party services. Third-party service failures or changes may affect the functionality of our Service.

9. Affiliate Program

9.1 Participation

The NexField Affiliate Program allows approved participants to earn commissions by referring new customers. Participation is subject to approval and compliance with these Terms and any additional Affiliate Program guidelines.

9.2 Commission Structure

Affiliates earn recurring commissions on qualified referrals as specified in the Affiliate Dashboard. Commissions are calculated based on actual payments received from referred customers, excluding refunds, chargebacks, and disputed transactions.

9.3 Payment Terms

Affiliate commissions are paid monthly for the previous month's earnings, subject to a minimum payout threshold. We reserve the right to withhold or reverse commissions in cases of fraud, violation of these Terms, or invalid referrals.

9.4 Prohibited Affiliate Activities

Affiliates may not:

• Use spam, unsolicited communications, or deceptive marketing practices
• Bid on our branded keywords in paid advertising
• Make false or misleading claims about the Service
• Create fake accounts or self-referrals
• Engage in cookie stuffing or other fraudulent attribution practices

10. Disclaimer of Warranties

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• The quality of any products, services, information, or other material obtained through the Service will meet your expectations
• Any errors in the Service will be corrected

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Errors, mistakes, or inaccuracies of AI-generated content, transcriptions, or bookings
• Personal injury or property damage resulting from your use of the Service
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or similar harmful code transmitted through the Service
• Third-party service failures or unavailability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to defend, indemnify, and hold harmless WESTMINSTER INNOVATION LLC and its officers, directors, employees, contractors, agents, licensors, and suppliers 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 User Content
• Your violation of any rights of a third party, including intellectual property or privacy rights
• Your violation of any applicable law or regulation
• Any claim arising from your customers related to your use of the Service
• Your failure to obtain proper consent for call recording

13. Termination

13.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us at support@nexfield.pro. Upon termination, your right to use the Service will immediately cease.

13.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, we may delete your account and all associated data.

13.3 Effect of Termination

Upon termination:

• Your license to use the Service is immediately revoked
• You remain liable for any outstanding fees or charges
• Provisions that by their nature should survive termination shall survive (including warranty disclaimers, limitation of liability, and indemnification)
• We may retain certain data as required by law or for legitimate business purposes

14. Data Retention and Deletion

Upon account termination or request, we will delete your data within 90 days, except where retention is required by law or for legitimate business purposes such as fraud prevention, dispute resolution, or enforcement of these Terms. Call recordings may be retained for up to 90 days after account termination.

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

15.2 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in English and the arbitrator's decision shall be final and binding.

15.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Your continued use of the Service after any changes to the Terms constitutes acceptance of those changes. If you do not agree to the new terms, you must stop using the Service.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding the Service.

17.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, labor disputes, government actions, or failures of third-party services.

18. Contact Information

If you have any questions about these Terms, please contact us: