Terms of Service

These Terms of Service ("Terms") govern your use of Diego Digital's website at diegodigital.net and the SAM (Service Answering & Management) voice agent service ("Service") provided by Diego Digital ("we," "our," or "us"), located in Portland, Oregon.

By accessing our website or using our Service, you agree to be bound by these Terms. If you do not agree, do not use our website or Service.

1. Description of Service

Diego Digital provides AI-powered voice agent services designed for home service businesses, including but not limited to HVAC, plumbing, electrical, and general contracting companies. The SAM system handles inbound and outbound calls, appointment scheduling, lead qualification, and customer follow-up on behalf of our clients.

Our services include:

• Inbound call handling and appointment booking
• After-hours and overflow call management
• Outbound lead reactivation and seasonal campaigns
• Customer follow-up and review request campaigns
• Integration with client CRM, calendar, and dispatch systems

2. Free Trial Terms

• The Trial Period begins on the date SAM is activated for your business
• No payment information is required to begin the Trial Period
• At the conclusion of the Trial Period, you may choose to continue service at the then-current monthly rate (currently $197/month) or discontinue service at no cost
• If you choose to discontinue, we will deactivate the SAM system and you owe nothing
• Diego Digital reserves the right to modify or discontinue the free trial offer at any time for new applicants
• Free trials are limited to one per business

3. Paid Service Terms

• After the Trial Period, service is billed monthly at the agreed rate
• Billing occurs on the same date each month from the date service begins
• You may cancel at any time by providing written notice to [email protected]
• Cancellations take effect at the end of the current billing period — no partial refunds are issued
• We reserve the right to adjust pricing with 30 days' written notice
• Accounts past due by 15 days may have service suspended until payment is received

4. AI Disclosure and Call Recording

You acknowledge and agree that:

• The SAM system uses artificial intelligence to handle calls on your behalf
• All calls handled by SAM include an automated disclosure to callers that the call may be recorded and is being handled by an AI system, in compliance with applicable law
• You are responsible for ensuring that your use of SAM complies with all applicable state and federal laws regarding call recording, AI disclosure, and telemarketing in your jurisdiction
• You will not use SAM to make calls that violate the Telephone Consumer Protection Act (TCPA), Oregon state telemarketing laws, or any other applicable regulation
• Diego Digital is not responsible for legal violations arising from client-directed use of the outbound calling features

5. Client Responsibilities

As a client, you are responsible for:

• Providing accurate business information, service descriptions, pricing, and scheduling availability for SAM configuration
• Maintaining your calendar and integration tools (Cal.com, CRM, dispatch software) in working order
• Promptly responding to appointments booked by SAM
• Notifying Diego Digital of changes to your services, service area, pricing, or scheduling that require SAM updates
• Ensuring your outbound calling lists comply with all applicable laws, including maintaining your own Do-Not-Call list compliance
• Obtaining any required consents from your customers before initiating outbound AI calls on their behalf

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Diego Digital's total liability for any claims arising from use of the Service shall not exceed the total fees paid by you in the 3 months preceding the claim
• Diego Digital is not liable for missed calls, failed bookings, system downtime, or any indirect, incidental, or consequential damages arising from use of the Service
• Diego Digital does not guarantee any specific number of calls handled, appointments booked, or revenue generated
• Diego Digital is not responsible for the actions or omissions of third-party service providers (Retell AI, Twilio, GoHighLevel, Make.com, Cal.com) that form part of the SAM infrastructure

7. Indemnification

You agree to indemnify, defend, and hold harmless Diego Digital and its officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service in violation of these Terms
• Your violation of any applicable law or regulation, including telemarketing and call recording laws
• Any claims by your customers or third parties arising from calls handled by SAM on your behalf
• Inaccurate information you provided for SAM configuration

8. Intellectual Property

All content on diegodigital.net, including text, graphics, logos, and the SAM system architecture, is owned by Diego Digital and protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written consent.

9. Termination

Either party may terminate the service relationship at any time. Diego Digital reserves the right to terminate service immediately and without notice if:

• You violate these Terms or any applicable law
• Your account is used for fraudulent or harmful purposes
• Payment is overdue by more than 30 days

Upon termination, we will deactivate the SAM system and all associated configurations. You remain responsible for any fees accrued prior to termination.

10. Governing Law

These Terms are governed by the laws of the State of Oregon, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Multnomah County, Oregon.

11. Changes to These Terms

We may update these Terms from time to time. We will notify active clients of material changes by email at least 14 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

12. Contact

For questions about these Terms, contact us at:

Diego Digital
Portland, Oregon
Email: [email protected]
Phone: [YOUR PHONE NUMBER]