24/7 Invisible Front Desk AI Receptionist Master Terms of Service

Last Updated: May 2026
These Master Terms of Service (“Terms”) constitute a legally binding agreement between Mathews Marketing & Creative, LLC, a Florida Limited Liability Company (“Company,” “we,” “us”) and the subscribing dental practice (“Client,” “you,” “your”). By utilizing the 24/7 Invisible Front Desk AI Receptionist software tool (the “Service”), you agree to be bound by these Terms.

1. Nature of the Relationship & The Service

The Company is an executive marketing, revenue, and practice growth consultancy. The 24/7 Invisible Front Desk AI Receptionist is a proprietary technology tool provided by the Company to assist practices in capturing missed leads and scheduling appointments.

Not a Dedicated SaaS Vendor: You acknowledge that the Company is providing this AI tool as an augmentative technology service to support practice growth, not as a standalone software-as-a-service (SaaS) company.
Agency: The AI acts exclusively at your direction and as your authorized administrative agent. The Company does not practice dentistry or provide medical advice. You assume full responsibility for the outcomes of all AI-patient interactions.
No Automated Decision-Making Technology (ADMT): The Service is strictly an administrative scheduling and routing tool. Client acknowledges and agrees that the AI does not engage in “profiling” or Automated Decision-Making Technology (ADMT) that produces legal or similarly significant effects concerning consumers, including but not limited to the denial of healthcare services, credit, or insurance. The AI does not diagnose, triage, or evaluate patients.

2. AI Hallucinations & Duty to Mitigate

Generative Artificial Intelligence is a probabilistic technology. While highly trained, the AI may occasionally generate inaccurate, fabricated, or incorrect information (“hallucinations”).

Waiver of Liability: You agree to hold the Company completely harmless for any lost revenue, patient dissatisfaction, or operational errors resulting from AI hallucinations (including misquoted prices, incorrect business hours, or scheduling anomalies).
Duty to Monitor: Client is strictly required to review call logs, appointment bookings, and transcriptions daily. Failure to monitor logs shifts all liability for resulting errors entirely to the Client.

3. Compliance with State AI Transparency Laws

To comply with national AI transparency regulations, the Service is programmed to explicitly disclose to callers that they are speaking with an Artificial Intelligence assistant at the onset of the call. Client agrees not to request the removal, circumvention, or obscuring of this disclosure. Doing so constitutes a material breach of this Agreement and shifts 100% of resulting regulatory fines and legal liability to the Client.

4. TCPA, DNC, & Call Recording Consent

The Service records and transcribes interactions to manage scheduling and patient communications.

Two-Party Consent & Fallbacks: Client warrants they have obtained any and all legally required consents from callers to be recorded and interacted with via AI. Client agrees to indemnify the Company against any claims arising from a failure to obtain proper call recording consent.
TCPA & Outbound Liability: If Client utilizes the Service for outbound calls, the Client is the sole “Maker” and “Initiator” of the call under the Telephone Consumer Protection Act (TCPA). Client guarantees they will scrub all contact lists against Do-Not-Call (DNC) registries every 31 days. Client unconditionally indemnifies the Company against any claims, lawsuits, or statutory fines arising from Client’s outbound campaigns.
Voice Cloning & Personality Rights Indemnification: The Company utilizes commercially licensed AI voices. Should the Client request the Company to clone, simulate, or utilize a specific human being’s voice for the Service, the Client warrants and guarantees they have obtained explicit, written commercial consent from that individual. Client unconditionally indemnifies and holds the Company harmless against any federal or state claims regarding deepfakes, commercial impersonation, or violations of personality and publicity rights (including but not limited to the ELVIS Act or equivalent state statutes).

5. HIPAA Compliance & The “SMS Hand-Off” Protocol

The Company provides a HIPAA-compliant CRM environment governed by our standard Business Associate Agreement (BAA), located at https://mikemathewscmo.com/baa, which is incorporated herein by reference. To maintain maximum data security regarding Protected Health Information (PHI), the Service utilizes a strict “SMS Hand-Off” protocol:

Voice Data Restrictions: Client acknowledges that the AI voice interface is explicitly designed not to collect complex PHI, including alphanumeric insurance policy numbers or extensive medical histories, over the recorded audio line.
The SMS Hand-Off: When a patient is ready to provide insurance information, the AI will terminate data collection over voice and automatically trigger a secure SMS text message containing a link to a HIPAA-compliant intake form, allowing the patient to securely upload photos of their insurance card.
Unsolicited PHI (“Blabbermouth” Clause): The Company deploys automated PII/PHI redaction tools on voice transcripts. However, Client assumes full liability for instructing patients not to relay deep medical histories via the voice interface. Company is not liable for unsolicited PHI spoken by patients before the AI can redirect them.
Triage Disclaimer: The AI is an administrative tool, not a triage nurse. Client is solely responsible for providing Company with protocols to route medical emergencies.
Human Fallback & Escalation Requirement: To comply with federal consumer protection standards regarding AI, Client is solely responsible for providing the Company with clear instructions on how the AI should escalate calls to a live human or take a message for human follow-up during both operating and non-operating hours. Company is not liable for consumer complaints arising from a lack of human escalation protocols provided by the Client.

6. Billing, Auto-Renewal, Chargebacks, & Cancellations

Trial Period & Auto-Enrollment: If the Client enrolls in a promotional trial (e.g., a “90-Day Free Beta”), the Client must provide a valid payment method upfront. At the conclusion of the trial period, the Client will automatically be enrolled in the standard month-to-month subscription and billed the agreed-upon monthly rate unless canceled prior to the trial’s expiration.
Month-to-Month & The Offboarding Form: Following any promotional trial period, subscriptions operate on an auto-renewing month-to-month basis. Client may cancel the Service at any time by providing thirty (30) days advance written notice. Such written notice must be accompanied by a completed Offboarding Form / Intent to Cancel form to be considered valid. The Client is responsible for any technology fees that accrue during this 30-day notice period.
Strict No-Refund Policy & Waiver of Dispute Rights: Any initial Setup Fee or Onboarding Fee is strictly non-refundable. All monthly subscription payments are strictly non-refundable. The Client expressly acknowledges that the payments under this Agreement are for time, software access, and intellectual property. The Client agrees not to dispute any payments at any time with any bank, credit card company, or other financial institution. Should the Client initiate any payment dispute, this will be considered in bad faith, and this clause shall be construed by any financial entity handling the dispute as a clear indication that the Client has voluntarily waived its dispute rights. Any dispute claim submitted by the Client shall be denied and/or resolved in favor of the Company.
Failed Payments & Collections: You authorize the Company to automatically charge your credit card on file for all fees. Any amount not paid when due will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by law. If the automatic payment fails, a 7-day grace period applies, after which the Service will be immediately suspended. In the event any outstanding balance is placed for collection with a collection company or attorney, a fee of fifty percent (50%) of the balance due shall be added as a collection fee.

7. Marketing, Case Studies, & Data Rights

Because the 24/7 Invisible Front Desk AI Receptionist acts as a demonstration of the Company’s strategic capabilities, Client agrees and acknowledges that the Company may collect and use all Client data, call metrics, and performance analytics gathered. Client grants the Company a perpetual, irrevocable, royalty-free right to use any and all metrics (e.g., call volume, appointment conversion rates, recovered ROI) and multimedia assets (including practice logos and names) for the improvement of future services, agency marketing needs, portfolio display, case studies, ROI reports, and any other lawful purpose, both during the term of this Agreement and thereafter. Client further consents to receive strategic marketing and business communications from Mathews Marketing & Creative, LLC regarding its Fractional CMRO services.

8. Third-Party Infrastructure, PMS Integrations, & Force Majeure

The Service relies heavily on third-party infrastructure components (including but not limited to GoHighLevel, Amazon Web Services [AWS], n8n, AI language models, and telecom carriers). The Company shall not be liable for any downtime, API failures, hallucinations, or data delays caused by these upstream providers.

Practice Management Software (PMS) API Dependencies: Client acknowledges that any attempt to integrate the 24/7 Invisible Front Desk AI Receptionist directly with the Client’s proprietary Practice Management Software (e.g., Dentrix, Open Dental, CareStack, Eaglesoft) is strictly contingent upon the cooperation, technical capabilities, and API availability of the third-party PMS vendor.
Client Obligations for Access: The Client is solely responsible for requesting, authorizing, and providing the Company with any necessary API keys, developer tokens, or administrative permissions required by their specific PMS vendor. Client is also solely responsible for any third-party fees their PMS vendor may charge to unlock API access.
Waiver of Integration Liability: The Company makes no absolute guarantee that a seamless PMS integration can be achieved or permanently maintained. If the Client’s PMS vendor restricts access, blocks third-party middleware, alters their API protocols, or refuses to cooperate, the Company shall be held harmless. The inability to fully integrate with a specific PMS due to third-party vendor limitations does not constitute a breach of this Agreement by the Company, nor does it entitle the Client to a refund of any Setup Fees or subscription fees, as the core AI voice reception and CRM routing functionalities of the Service remain fully operational.
Force Majeure: Neither party shall be held responsible for any delay or failure in performance due to causes beyond their reasonable control, including but not limited to acts of God, war, terrorism, or government actions.

9. Data Destruction

Upon termination of your subscription, the Company will permanently delete or de-identify all Client PHI, call logs, and patient data from its active servers within sixty (60) days in accordance with HIPAA protocols, releasing the Company from any future ongoing data liability.

10. Dispute Resolution, Mandatory Arbitration, & Liability Caps

Mandatory Cooling Off Period: Prior to initiating any legal action or arbitration, parties must engage in good-faith negotiations for a period of thirty (30) days following written notice of a dispute.
MANDATORY BINDING ARBITRATION: FOLLOWING THE 30-DAY COOLING-OFF PERIOD, CLIENT EXPLICITLY AGREES THAT ANY UNRESOLVED DISPUTE, CLAIM, OR CONTROVERSY MUST BE SUBMITTED TO MANDATORY, BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR OF THE AMERICAN ARBITRATION ASSOCIATION (AAA).
GOVERNING LAW & EXCLUSIVE VENUE: THIS AGREEMENT AND ALL DISPUTES SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, MARION COUNTY. THE ARBITRATION OR ANY SUBSEQUENT LEGAL PROCEEDING SHALL TAKE PLACE EXCLUSIVELY IN OCALA, FLORIDA. NEITHER PARTY WILL CHALLENGE THE JURISDICTION OR VENUE PROVISIONS.
CLASS ACTION & JURY TRIAL WAIVER: BOTH PARTIES HEREBY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY AND WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
STRICT LIMITATION OF LIABILITY (THE 3-MONTH CAP): TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO THE CLIENT FOR ANY CLAIM REGARDING THIS SERVICE, INCLUDING ANY ORDERED REFUNDS OR DAMAGES, SHALL BE STRICTLY LIMITED TO THE ACTUAL MONTHLY SERVICE CHARGES PAID BY THE CLIENT TO THE COMPANY DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. ANY INITIAL SETUP FEE IS EXPRESSLY EXCLUDED FROM THIS CALCULATION. WITH THE MONTHLY SUBSCRIPTION FEE CURRENTLY SET AT $297 PER MONTH, THE MAXIMUM LIABILITY CAP IS STRICTLY SET AT $891.

11. General Provisions & Legal Protections

A. Intellectual Property & License: The Company retains all right, title, and interest (including all copyrights, trade secrets, and intellectual property rights) in and to the 24/7 Invisible Front Desk AI Receptionist, the underlying AI prompts, workflows, architectures, and any custom developments. Client is granted a limited, revocable, non-transferable license to utilize the Service. Client expressly agrees not to reverse engineer, decompile, copy, or attempt to derive the source code, prompts, or structural logic of the Service.
B. Non-Disclosure & Anti-Espionage: Client and its employees shall not disclose, publicly or privately, any details related to the Company’s business model, practices, AI prompt architectures, workflow logic, forms, contracts, or any other proprietary materials provided by the Company without prior written approval.
C. Disclaimer of Warranties & ROI Guarantee: To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available” without warranty of any kind. While the Company strives for excellence, the Company makes no guarantees or warranties regarding specific patient acquisition numbers, practice revenue growth, or Return on Investment (ROI) derived solely from the use of the 24/7 Invisible Front Desk AI Receptionist.
D. General Indemnification: In addition to specific indemnifications outlined herein, Client agrees to defend, indemnify, and hold harmless the Company, its owners, contractors, and employees from and against any third-party claims, damages, liabilities, and expenses arising out of or related to Client’s use of the Service, Client’s violation of any laws or regulations, or Client’s breach of this Agreement.
E. Entire Agreement: This Agreement, along with the incorporated Business Associate Agreement and the signed Order Form, constitutes the entire agreement between the parties regarding the subject matter herein. It supersedes all prior or contemporaneous communications, proposals, representations, and warranties, whether oral or written.
F. Severability: If any provision of this Agreement is found to be unenforceable, invalid, or contrary to law by a competent tribunal, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.
G. Non-Solicitation: During the term of this Agreement and for twelve (12) months following its termination, Client agrees not to directly or indirectly solicit, hire, or engage any employee, independent contractor, or developer of the Company.

12. Modification of Terms

The Company reserves the right, at its sole discretion, to modify, update, or replace these Terms of Service and the associated Business Associate Agreement at any time. If the Company makes material substantive changes, it will notify the Client via the email address on file. If Client does not raise objections via email within thirty (30) days of receipt of notice, Client will be deemed to have accepted the changes.