1. Agreement to Terms
These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("you," "User," or "Platform User") and Sodaka Digital SEO Agency Limited (Company Number 10561689), trading as NeverMissACallPro and NeverMissACall Pro("we," "us," or "our").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.
Effective date: 5 June 2026
Version: 1.0
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
2. Description of Service
NeverMissACall Pro is an AI-powered virtual receptionist platform that enables businesses to:
- Answer inbound telephone calls automatically using an AI assistant with a natural voice.
- Conduct real-time voice conversations powered by Twilio telephony infrastructure and OpenAI's Realtime API.
- Capture, transcribe, and analyse caller interactions to extract structured lead data.
- Store call logs, transcripts, recordings (where consented), and lead records in a CRM dashboard.
- Provision UK business phone numbers and manage call routing and escalation.
- Book appointments and manage business knowledge bases (on eligible plans).
The Service depends on third-party providers including Twilio Inc. (telephony), OpenAI, LLC (artificial intelligence), and Stripe, Inc. (payment processing). Features, availability, and performance may be affected by these third-party services.
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with reasonable notice where practicable.
3. Eligibility
To use the Service, you must:
- Be at least 18 years of age.
- Have the legal authority and capacity to enter into a binding contract under applicable law.
- Be a registered business, sole trader, or an authorised representative acting on behalf of a business entity with authority to bind that entity.
- Not be located in, or a resident of, any jurisdiction where use of the Service or AI call-handling services is prohibited by law.
- Not have been previously suspended or removed from the Service for Terms violations.
The Service is designed primarily for businesses operating in the United Kingdom. Use from other jurisdictions is at your own risk, and you are responsible for ensuring compliance with local laws.
4. Account Registration & Security
- You must provide accurate, current, and complete registration information and keep it updated. Providing false or misleading information is grounds for immediate account termination.
- You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- You must notify us immediately at hello@nevermissacallpro.com if you suspect unauthorised access to your account.
- One account per business entity is permitted unless otherwise agreed in writing. You may manage multiple businesses within a single account subject to your plan's business limit.
- Email verification is required before full account access is granted. We may use one-time passcodes sent via email for verification and security purposes.
- We are not liable for any loss or damage arising from your failure to maintain account security.
5. Billing, Subscriptions & Minute Usage
5.1 Plans and Pricing
The Service offers the following billing tiers (prices in GBP, billed monthly via Stripe):
- Free Trial: 7-day trial with up to 10 real call minutes and 5 test-call minutes. No credit card required to start. One business allowed.
- Starter (£39/month): 150 included AI call minutes per month, up to 5 businesses. Overage rate: £0.20/minute beyond included allowance.
- Growth (£79/month): 400 included AI call minutes per month, up to 10 businesses. Overage rate: £0.15/minute.
- Pro (£129/month): 900 included AI call minutes per month, up to 15 businesses. Overage rate: £0.10/minute.
- Enterprise: custom pricing and allowances by agreement.
Included minutes reset at the start of each monthly billing period. Subscription validity is 30 days per billing cycle.
5.2 Top-Up Minutes
Paid subscribers may purchase additional prepaid minute bundles (top-ups) through Stripe. Top-up rules:
- An active paid subscription is required to purchase and use top-up minutes.
- Monthly plan minutes are always consumed before top-up minutes.
- Top-up minutes supplement your subscription — they do not replace it.
- Unused top-up minutes remain valid for up to 90 days from purchase.
- Expired top-up minutes are automatically removed and are non-refundable.
- If your subscription is cancelled, unpaid, or expired, top-up credits are suspended until the subscription is reactivated.
- Top-up minutes cannot be exchanged for cash or transferred between accounts.
- Where multiple top-ups exist, the oldest credits are consumed first.
5.3 Payment Processing
- All billing is processed via Stripe, Inc.
- Payment card details are collected and stored by Stripe — we do not store full card numbers on our servers.
- By subscribing, you authorise us to charge your payment method on a recurring monthly basis until you cancel.
- Prices are subject to change with at least 14 days' notice to active subscribers.
5.4 Non-Refundable Charges
All charges for used minutes, completed billing cycles, and expired top-up credits are non-refundable, except where required by applicable consumer protection law or expressly agreed by us in writing. Partial-month refunds are not provided for mid-cycle cancellations.
5.5 Failed Payments and Suspension
If a scheduled payment fails, we will attempt to collect payment and notify you via email. After repeated failed payments, your account may be suspended. While suspended:
- Incoming calls to your AI receptionist may be rejected or terminated.
- Top-up minute credits are suspended and cannot be consumed.
- Dashboard access may be restricted until payment is resolved.
5.6 Service Interruption Due to Minute Exhaustion or Billing Failure
SERVICE INTERRUPTION CLAUSE: If a Platform User exhausts all available minutes (included subscription minutes and active top-up credits) or if billing fails or the account is suspended for any billing-related reason, the AI agent will hang up on, reject, or fail to answer incoming calls. The call verification system checks account status and minute balances before connecting calls and during active calls.
We are NOT liable for any missed calls, lost leads, lost business, lost revenue, reputational damage, customer complaints, or any other harm caused by service interruption due to exhausted minute quotas, expired top-up credits, failed billing, account suspension, or plan limits. It is your responsibility to monitor your usage and maintain sufficient minutes and valid payment methods.
6. Acceptable Use Policy
You agree NOT to use the Service to:
- Handle, route, or respond to emergency calls (e.g., 999, 911, 112) or any life-threatening situations. The Service is not a substitute for emergency services.
- Engage in illegal telemarketing, unsolicited commercial calls, spam, or violations of the Telephone Consumer Protection Act (TCPA), Privacy and Electronic Communications Regulations (PECR), or equivalent anti-spam laws.
- Collect sensitive personal data categories without explicit, informed consent and a valid lawful basis, including health information, financial account details, legal advice subject to attorney-client privilege, Social Security numbers, national insurance numbers, or payment card numbers.
- Impersonate a human operator without clearly disclosing to callers that they are interacting with an AI assistant.
- Violate any applicable call recording, wiretapping, or electronic communications consent law in any jurisdiction.
- Conduct fraudulent, deceptive, manipulative, or misleading call campaigns or lead generation schemes.
- Harass, threaten, abuse, or discriminate against callers or any person.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the platform or its underlying systems.
- Circumvent billing, minute tracking, authentication, or security controls.
- Use the Service for any unlawful purpose or in violation of any applicable local, national, or international law or regulation.
Violation of this Acceptable Use Policy may result in immediate account suspension or termination without refund.
7. Call Recording, Transcription & Consent
CRITICAL: The Service transcribes all AI-handled calls and may record calls where the caller provides explicit consent. Platform Users bear full legal responsibility for the lawfulness of this processing.
Platform Users are SOLELY and EXCLUSIVELY responsible for:
- Obtaining all legally required consents before recording, transcribing, or otherwise processing caller communications.
- Complying with all applicable federal and state wiretapping and recording laws, including the US Electronic Communications Privacy Act (ECPA) and state all-party consent laws (e.g., California Penal Code § 632).
- Complying with UK GDPR, the Data Protection Act 2018, EU GDPR, and international equivalents for calls involving individuals in regulated jurisdictions.
- Clearly disclosing to callers that they are speaking with an artificial intelligence system, not a human.
- Clearly disclosing that calls may be recorded and transcribed, and obtaining consent where required by law.
- Providing appropriate privacy notices to callers outside the automated call flow, including on websites and marketing materials.
- Responding to data subject access, erasure, and other privacy requests from their callers.
The platform provides a default AI greeting and GDPR consent prompt as a courtesy only. THIS DOES NOT SUBSTITUTE FOR LEGAL COMPLIANCE. You must review the default prompts, customise them as needed for your jurisdiction and industry, and seek independent legal advice where appropriate.
You agree to indemnify and hold harmless Sodaka Digital SEO Agency Limited against any claims, fines, penalties, damages, or legal fees arising from your failure to comply with recording, wiretapping, or data protection consent requirements (see Section 12).
8. AI Disclaimer & Limitation of Liability for AI Behavior
The AI virtual receptionist is powered by OpenAI models and is provided on an "AS IS" and "AS AVAILABLE" basis. You acknowledge and accept that the AI may:
- Misunderstand caller queries, accents, or intent.
- Fail to correctly transcribe names, email addresses, phone numbers, or other information.
- Hallucinate, invent, or provide inaccurate information to callers.
- Fail to capture leads correctly or omit important caller details.
- Respond inappropriately or outside the scope of your configured instructions.
- Disconnect, timeout, or fail unexpectedly due to network, Twilio, or OpenAI outages.
- Be unable to handle complex, emotional, or nuanced conversations.
We make NO warranties, express or implied, regarding AI accuracy, completeness, reliability, suitability, or fitness for a particular purpose.
We are NOT liable for lost leads, missed opportunities, lost revenue, incorrect appointments, customer dissatisfaction, reputational harm, or any business damage caused by AI errors, transcription failures, lead extraction inaccuracies, or service interruptions. You are responsible for reviewing AI-captured data and verifying its accuracy before acting on it.
Maximum call duration is capped at 180 seconds (3 minutes) per call as a safety measure. Calls exceeding this limit may be terminated automatically.
9. Third-Party Services & Uptime
The Service is built on and depends upon third-party infrastructure and APIs, principally:
- Twilio Inc. — telephony, phone numbers, media streams, call recordings.
- OpenAI, LLC — real-time voice AI and transcript analysis.
- Stripe, Inc. — payment processing and subscription management.
- Amazon Web Services — call recording storage.
Downtime, outages, API changes, rate limiting, policy changes, or service discontinuation by any third-party provider may interrupt, degrade, or disable some or all features of the Service without notice.
We are NOT liable for service failures, data loss, missed calls, or degraded performance caused by third-party provider outages or changes.
We will make commercially reasonable efforts to restore service following disruptions, but we do not guarantee any specific uptime service level agreement (SLA) on standard plans. Enterprise customers may negotiate SLAs separately in writing.
10. Data Ownership
- Platform User data: You retain ownership of all lead data, call transcripts, recordings, and business content generated through your account.
- Limited licence to us: You grant Sodaka Digital SEO Agency Limited a non-exclusive, worldwide, royalty-free licence to store, process, transmit, and display your data solely as necessary to provide, maintain, and improve the Service.
- Caller data: You are the data controller for End-User (caller) data. We process caller data as your data processor in accordance with our Privacy Policy and any applicable Data Processing Agreement.
- Data export and deletion: Upon account termination, you may request export of your data within 30 days. After this period, your data will be permanently deleted from our systems, except where retention is required by law.
- Aggregated data: We may use anonymised, aggregated data derived from Service usage for analytics, benchmarking, and product improvement. Such data does not identify you or your callers.
11. Intellectual Property
- The Service, including its software, code, design, user interface, branding, logos, and documentation, is the exclusive intellectual property of Sodaka Digital SEO Agency Limited and its licensors, protected by copyright, trademark, and other intellectual property laws.
- You retain ownership of your custom AI prompts, business configurations, knowledge-base content, and any content you upload to the Service.
- These Terms do not grant you any right to use our trademarks, logos, or branding without prior written consent.
- You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Service or any part of it.
- You may not scrape, crawl, or use automated tools to extract data from the Service except via documented APIs with our written permission.
12. Indemnification
You agree to indemnify, defend, and hold harmless Sodaka Digital SEO Agency Limited, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, fines, penalties, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your violation of these Terms or our Privacy Policy.
- Your violation of call recording, wiretapping, or electronic communications consent laws.
- Your violation of the TCPA, PECR, or equivalent anti-spam or telemarketing laws.
- Your violation of GDPR, UK GDPR, CCPA, or other data protection laws.
- Your misuse of the AI platform or Acceptable Use Policy violations.
- Any claim by a caller (End-User) arising from their interaction with your AI agent, including claims related to recording consent, AI disclosures, or data processing.
- Your infringement of any third-party intellectual property or other rights.
- Any content, prompts, or configurations you provide that cause harm to third parties.
We reserve the right to assume exclusive defence and control of any matter subject to indemnification by you, at your expense.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- Cap on liability: Our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amounts paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.
- Exclusion of consequential damages: We shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunities, loss of goodwill, business interruption, or reputational harm.
- AI and call-handling exclusions: Without limiting the foregoing, we are not liable for damages arising from AI errors, missed or dropped calls, incorrect lead data, minute exhaustion, billing suspension, or third-party service failures.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, and the most restrictive permissible limitation applies.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or fraud.
14. Dispute Resolution & Governing Law
14.1 Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict-of-law principles. The courts of England and Wales have exclusive jurisdiction over disputes, subject to the arbitration clause below.
14.2 Informal Resolution
Before initiating formal proceedings, you agree to contact us at hello@nevermissacallpro.com and attempt to resolve the dispute informally for at least 30 days.
14.3 Binding Arbitration
If informal resolution fails, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration under the rules of the London Court of International Arbitration (LCIA) or, by mutual agreement, the American Arbitration Association (AAA) Commercial Arbitration Rules. The arbitration shall be conducted in English.
- Seat of arbitration: London, England, or virtually by mutual agreement.
- Class action waiver: You agree that disputes will be resolved only on an individual basis and waive any right to participate in a class, collective, or representative action or proceeding.
- Small claims exception: Either party may bring an individual action in small claims court if the claim qualifies.
- Injunctive relief: Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property or prevent irreparable harm.
15. Termination
15.1 Termination by You
You may cancel your subscription at any time through the billing dashboard or Stripe customer portal. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused days or minutes in the current period.
15.2 Termination by Us
We may suspend or terminate your account immediately, without refund, if:
- You violate these Terms or our Acceptable Use Policy.
- Your account has repeated failed payments or chargebacks.
- We are required to do so by law or regulatory authority.
- We reasonably believe your use poses a security risk or legal liability to us.
- We discontinue the Service (with reasonable notice where practicable).
15.3 Effect of Termination
- All licences granted to you under these Terms are immediately revoked.
- Your access to the dashboard and AI receptionist services ceases.
- Incoming calls to your numbers will be rejected or terminated.
- You have 30 days to export your data; after that, data is deleted per our Privacy Policy.
- Sections that by their nature should survive termination (including indemnification, limitation of liability, dispute resolution, and intellectual property) remain in effect.
16. Changes to Terms
We may update these Terms from time to time. When we make material changes, we will provide at least 14 days' advance notice by email to the address associated with your account and/or via a prominent notice in the dashboard before the changes take effect.
The "Last updated" date and version number at the top of this page indicate the current version. Your continued use of the Service after the effective date of revised Terms constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Service and cancel your account before the effective date.
17. Contact
For legal, terms, or contractual inquiries:
- Legal / terms inquiries: hello@nevermissacallpro.com
- General support: hello@nevermissacallpro.com
- Website: nevermissacallpro.com
- Postal address:
Sodaka Digital SEO Agency Limited
Unit 9a Dalton House
60 Windsor Avenue
London, SW19 2RR
United Kingdom - Company number: 10561689
- ICO registration: ZC163976