These Terms of Service (“Terms”) govern your access to the Phonewright marketing website at phonewright.com and any related services we provide to you. The phone systems we build are also governed by a separate written service agreement signed by both parties (“Service Agreement”). If the Service Agreement conflicts with these Terms, the Service Agreement controls.
01The agreement
By using this website or engaging Phonewright for services, you agree to these Terms. If you are using the website or services on behalf of a business, you represent that you have authority to bind that business, and “you” refers to that business.
Phonewright is a service offered by Martinsburg Design, LLC (d/b/a Phonewright), an Oklahoma limited liability company (“we,” “us”).
02What Phonewright provides
Phonewright designs, builds, and maintains AI-assisted phone systems for service businesses. A typical engagement includes intake configuration, voice and language design, integration with your scheduling and CRM tools, dispatch escalation rules, ongoing tuning, and monitoring.
The specific scope, service levels, deliverables, and fees for your engagement are defined in your Service Agreement. The marketing website is informational only and does not create a binding obligation to deliver services.
03Eligibility and accounts
You must be at least 18 years old and legally able to enter into contracts to use our services. If we issue you credentials for any system we build or operate, you are responsible for keeping those credentials confidential and for all activity that occurs under them.
Notify us promptly at [email protected] if you suspect unauthorized access or use.
04Fees, billing, and taxes
Fees, billing cadence, and payment terms are set out in your Service Agreement. Unless that agreement states otherwise:
- Recurring fees are billed monthly in advance.
- Usage-based charges (such as per-minute telecom or AI processing overages) are billed monthly in arrears.
- Setup fees are billed at signing and are non-refundable once setup work has begun.
- Invoices are due within 15 days of the invoice date.
- Past-due amounts accrue interest at 1.0% per month or the maximum rate permitted by law, whichever is lower.
Fees are exclusive of applicable taxes, which you are responsible for, except for taxes on our net income.
05Your content and call data
“Customer Content” means information you provide or that is generated through your use of the services, including call recordings, call transcripts, SMS messages, schedules, customer records, and configuration data. You retain all rights in your Customer Content.
You grant Phonewright a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, and display Customer Content solely as needed to provide, maintain, and improve the services for you. We do not sell Customer Content, and we do not use the substance of your call recordings or transcripts to train general-purpose AI models for unrelated parties.
We may use de-identified, aggregated operational data (for example, latency, error rates, call volumes) to monitor performance and improve our offering.
Our handling of personal information is described in our Privacy Policy.
06Acceptable use
You agree not to use the website or services to:
- Violate any law, regulation, or third-party right.
- Send unlawful, deceptive, harassing, or abusive content.
- Place or facilitate calls or messages that violate the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Telemarketing Sales Rule, or analogous state or international laws.
- Impersonate any person or business, or misrepresent your affiliation with one.
- Probe, scan, or test the vulnerability of any system; circumvent authentication; or interfere with normal operation.
- Reverse engineer, decompile, or attempt to derive source code from any software we provide, except as expressly permitted by law.
- Use the services to build a competing product, or to benchmark for that purpose without our written consent.
We may suspend or terminate access if your use materially violates this section, with notice when practicable.
07Telecom and recording compliance
The services involve recording, transcribing, and analyzing phone calls. You are responsible for ensuring that the recording, retention, and use of calls in your jurisdiction is lawful and that appropriate notice and consent are provided to callers. Many U.S. states require all-party consent for call recording.
By default, we configure your system to play a clear notice that calls may be recorded for service quality. If you instruct us to disable that notice, you confirm that doing so complies with applicable law in the jurisdictions where your callers are located, and you accept responsibility for that decision.
We'll set up the recording disclosure for you by default. If you ever ask us to turn it off, that's on you to make sure it's legal where your callers live.
08Third-party services
The services rely on third-party providers, including telecom carriers, voice and language model vendors, scheduling and CRM platforms, hosting providers, and analytics tools. We are not responsible for outages, errors, or data handling within those third-party systems beyond our contractual relationship with them.
A current list of material sub-processors is maintained at our request and provided through your Service Agreement. We will use reasonable efforts to notify you of material changes that affect your data.
09Intellectual property
The Phonewright name, logo, website design, written copy, and any tools, scripts, prompts, templates, or methodology we develop in the course of providing the services are and remain our intellectual property. We grant you a non-exclusive, non-transferable license to use deliverables solely for your business operations during the term of your Service Agreement.
You retain ownership of your Customer Content, your trademarks, and your business records. Nothing in these Terms transfers ownership of those materials to us.
10Confidentiality
Each party agrees to protect the other party's non-public business information with the same degree of care it uses to protect its own confidential information, and not less than a reasonable standard of care. Confidential information may be used only to perform the agreement between us and may not be disclosed to anyone except employees, contractors, and advisors with a need to know who are bound by similar obligations.
11Warranties and disclaimers
We will perform the services with reasonable skill and care, consistent with standards customary for AI phone-system providers serving service businesses.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR YOUR SERVICE AGREEMENT, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PHONEWRIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
AI systems can make mistakes. We design escalation paths, fallbacks, and human review to reduce the impact of those mistakes, but we do not guarantee that every call will be handled without error or that any specific outcome (such as a booked job or a saved call) will be achieved.
12Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO PHONEWRIGHT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limits apply regardless of the form of action and even if a remedy fails of its essential purpose. They do not limit liability for fraud, willful misconduct, or any liability that cannot be limited under applicable law.
13Indemnification
You will defend, indemnify, and hold harmless Phonewright and its officers, employees, and agents from any third-party claim arising out of (a) your Customer Content, (b) your use of the services in violation of these Terms or applicable law, including telecom and recording laws, or (c) your business operations.
We will defend, indemnify, and hold you harmless from any third-party claim alleging that the services as provided by us infringe a U.S. patent, copyright, or trademark, subject to the limitations in your Service Agreement.
14Term and termination
The term of your services is set in your Service Agreement. Either party may terminate for material breach if the breach is not cured within thirty (30) days of written notice. We may suspend services immediately if your use threatens the security or stability of our systems or violates applicable law.
On termination, we will help you export your Customer Content for a reasonable transition period (typically thirty days) and then delete or return it as described in our Privacy Policy and your Service Agreement. Provisions intended to survive termination, including fees owed, confidentiality, IP, disclaimers, and limitations of liability, will survive.
15Changes to these terms
We may update these Terms from time to time. If a change is material, we will notify you by email or through the website at least fifteen (15) days before it takes effect. Continued use of the website or services after the effective date constitutes acceptance of the updated Terms. If you do not agree, stop using the website and contact us about the impact on your Service Agreement.
16Governing law and disputes
These Terms are governed by the laws of the State of Oklahoma, without regard to its conflict of laws rules. The exclusive venue for any dispute arising out of these Terms is the state or federal courts located in Oklahoma County, Oklahoma, and each party consents to personal jurisdiction there.
Before filing a claim, the parties agree to attempt in good faith to resolve the dispute through direct discussion for at least thirty (30) days.
17Miscellaneous
These Terms, together with your Service Agreement and our Privacy Policy, are the entire agreement between you and Phonewright on this subject. If any provision is held unenforceable, the remaining provisions will remain in effect. Failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent, except in connection with a merger, acquisition, or sale of substantially all of your assets, in which case you will give us written notice. We may assign these Terms in connection with a corporate transaction.
Notices to Phonewright must be sent to [email protected] and to Martinsburg Design, LLC at its registered address in Oklahoma City, Oklahoma. Notices to you may be sent to the email or address on file for your account.
18Contact
Questions about these Terms? Write to [email protected] or call (405) 555-0100.
Phonewright, a service of Martinsburg Design, LLC · Oklahoma City, Oklahoma · Effective April 28, 2026