Terms of Service

Terms of Service

Last Updated: January 1, 2026

These Terms of Service (“Terms”) are a binding agreement between Fontaine Associates LLC (“Fontaine,” “we,” “us,” or “our”) and you (“Customer,” “you,” or “your”). These Terms govern your access to and use of the HeyEthan.ai website and related services offered by Fontaine under the HeyEthan.ai brand (collectively, the “Services”).

IMPORTANT:
By accessing or using the Services, submitting any intake form, purchasing a plan, or otherwise engaging us, you agree to be bound by these Terms.

1) Who We Are
Fontaine Associates LLC is the legal entity providing the Services. HeyEthan.ai is a brand and website operated by Fontaine. We may operate additional brands or websites, and these Terms apply to Services delivered by HeyEthan.ai unless separate terms are provided.

2) Services Overview
HeyEthan.ai provides an AI-assisted virtual receptionist solution, which may include:

  • Call answering, caller intake, message capture, and call summaries
  • Call routing, warm handoff rules, voicemail routing, escalation rules
  • Appointment scheduling workflows and calendar integrations
  • Client portal access and configuration tools (where applicable)
  • Integrations with third-party tools (CRM, email, automation platforms)

Service availability and features may vary by plan and may depend on third-party providers and your configuration decisions.

3) Eligibility and Authority
You must be legally capable of entering into a contract to use the Services. If you use the Services on behalf of a business or organization, you represent that you are authorized to bind that entity to these Terms.

4) Customer Responsibilities
You agree you are responsible for:

  • Providing accurate information in onboarding and intake forms
  • Approving call flows, routing rules, scripts, hours, and escalation paths
  • Ensuring your use of the Services complies with all applicable laws (including call recording, consumer privacy, and telecom rules)
  • Maintaining your own compliance obligations for any industry-specific rules (legal, medical, financial, etc.)

Caller Consent / Recording Notice:
If call recording, transcription, or summaries are enabled (including AI-generated transcripts and call summaries that maybe created for calls handled through the platform), you are responsible for ensuring you provide any required notices and obtain all necessary consents from callers as required by applicable law (including any “two-party consent” jurisdictions). Transcripts and summaries are generated for your internal business use and are provided to you (the Customer), not to callers, unless you configure a workflow to send them. Because transcripts and summaries are produced using automated technology, they may contain errors or omissions, and you are responsible for reviewing and verifying accuracy before relying on them.

5) Prohibited Use
You may not use the Services:

  • For unlawful, deceptive, discriminatory, abusive, or harassing activity
  • To collect or process highly sensitive information unless expressly agreed in writing (examples: payment card data, bank logins, Social Security numbers, medical records/HIPAA data)
  • To facilitate illegal activities or content
  • To attempt to reverse engineer, abuse, or disrupt the Services or underlying systems

We may suspend or terminate Services if we reasonably believe prohibited use is occurring.

You acknowledge:

  • Setup work may require collaboration, timely responses, and approvals from you
  • Some requests may be out of scope and require an additional fee or an upgraded plan
  • Integrations may require third-party accounts, permissions, and ongoing subscription fees paid directly by you to those providers

7) Plans, Minutes, Overage, and Billing
If you purchase a plan:

  • Your subscription fees are billed on a recurring basis (monthly unless otherwise specified)
  • Plan minutes/usage allowances are described on our pricing page or in your order
  • Overage may apply if you exceed plan usage, and you authorize us to bill overage according to your plan terms

Setup Fees: If charged, setup fees are typically non-refundable once onboarding work begins, unless otherwise agreed in writing.

8) Telephone Numbers and Porting
Depending on your configuration, you may:

  • Use your existing phone number with call forwarding, or
  • Obtain a number through a provider used in the Services

Porting rules and timing depend on the telecom provider and number eligibility. If you request porting, you agree to provide required documentation promptly.

9) Third-Party Services and Integrations
The Services may rely on or integrate with third-party providers (telephony, AI, calendar, CRM, automation, analytics, email delivery). Your use of those services may be governed by their own terms and privacy policies.

We are not responsible for third-party outages or failures outside our control.

10) Data, Privacy, and Security
Our collection and use of information is described in our Privacy Policy. Where we process personal data on your behalf related to your callers/customers, you may be the controller and we may act as a service provider/processor. A Data Processing Addendum (“DPA”) may be available upon request.

11) Intellectual Property
We retain all rights to our Services, software, workflows, templates, and materials. You receive a limited, non-exclusive, non-transferable license to use the Services during your subscription term.

You retain rights to your business content you provide (e.g., FAQs, scripts), but grant us permission to use it to provide the Services.

12) Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” We do not guarantee:

  • That every call will be answered without interruption
  • That AI outputs will be error-free
  • That using the Services will produce any specific business outcome

You are responsible for reviewing and approving workflows and relying on outputs appropriately.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • We are not liable for indirect, incidental, special, consequential, or punitive damages
  • Our total liability for any claim related to the Services is limited to the fees you paid to us in the [30] days preceding the event giving rise to the claim (or $500, whichever is greater)

14) Indemnification
You agree to defend and indemnify Fontaine from claims arising out of:

  • Your business operations and your instructions/configurations
  • Your violation of laws or third-party rights
  • Your failure to obtain required consents and notices

15) Suspension and Termination
We may suspend or terminate Services if you:

  • Fail to pay fees when due
  • Use the Services in a prohibited manner
  • Cause security or operational risk to the platform

You may cancel according to your plan’s cancellation terms. Cancellation does not automatically entitle you to refunds unless stated in writing.

16) Changes to These Terms
We may update these Terms periodically by posting a revised version with a new “Last Updated” date. Continued use of the Services after updates means you accept the revised Terms

17) Governing Law; Venue
These Terms are governed by the laws of The State of New Jersey, County of Hudson, without regard to conflict of law principles. Venue for disputes will be in The State of New Jersey, County of Hudson unless otherwise required by law.

18) Questions about these Terms: Should be submitted in writing to:

Fontaine Associates LLC
HeyEthan.ai
101 Plaza Center #208
Secaucus, NJ 07094
TermsofService@HeyEthan.ai