Terms of Service

Last updated: [DATE]

1. Definitions

  • "Service": The automated telephone answering service provided by KindPhone, including call handling, message recording, transcription, and notification features.
  • "Customer": The individual subscribing to the Service.
  • "Caller": Any person who places a telephone call to a number handled by the Service.
  • "Caller Data": Any personal data relating to Callers processed through the Service, including voice audio, telephone numbers, transcripts, and message content.
  • "Platform": The software, infrastructure, and third-party services used to deliver the Service.

2. Service Description

2.1. The Service operates as an automated telephone answering service. When a call is received on a Customer's configured telephone number, the Service answers the call, speaks with the Caller, records the conversation, and delivers message notifications to the Customer.

2.2. The Service is a smart voicemail service. It answers calls and relays messages on behalf of the Customer. The Customer determines how the Service is configured, what information is provided to Callers, and how Caller Data is used after delivery.

2.3. AI composes the responses spoken to Callers. The Customer designs a conversation plan: the facts the Service knows, the topics it may talk about, and where a conversation can go. During calls, an AI model composes each response within that plan. Every response is automatically checked before it is spoken; if a check fails, the Service plays a fallback message written by the Customer instead. The Caller interacts with an automated system, not a human operator, and the Service does not present itself as the Customer or as a member of the Caller's family.

3. Customer Responsibilities

3.1. Data Controller obligations. The Customer is the data controller for all Caller Data processed through the Service. The Customer is responsible for:

  • (a) Ensuring a lawful basis exists for processing Caller Data;
  • (b) Providing any required transparency information to Callers;
  • (c) Responding to data subject access requests and other rights requests from Callers;
  • (d) Ensuring the Service is not used in a manner that violates applicable data protection law;
  • (e) Confirming that the Customer is either the Caller's attorney or deputy (under a registered Lasting Power of Attorney or court order), or a family member or carer making decisions about the Caller's telephone contact in the Caller's best interests, as described in our Privacy Policy.

3.2. Conversation plan content. The Customer is responsible for the content of the conversation plan: the facts provided to the Service, the topics enabled, and the fallback messages the Customer writes. Responses spoken during calls are composed by an AI model within that plan and automatically checked before being spoken. The Customer acknowledges that individual responses are not reviewed by the Customer before they are spoken.

3.3. Lawful use. The Customer shall not use the Service:

  • (a) In any manner that violates applicable law or regulation;
  • (b) To process special category data (as defined in UK GDPR Article 9) unless the Customer has ensured an appropriate lawful basis and safeguards;
  • (c) To deliberately collect sensitive personal data from Callers beyond what is necessary for message-taking purposes.

3.4. Account security. The Customer is responsible for maintaining the confidentiality of their account credentials and for all activity under their account.

4. Our Responsibilities

4.1. We will provide the Service with reasonable skill and care.

4.2. We will process Caller Data only on the Customer's documented instructions and in accordance with our Data Processing Agreement.

4.3. We will implement appropriate technical and organisational measures to protect Caller Data.

4.4. We will notify the Customer without undue delay upon becoming aware of a personal data breach affecting Caller Data.

5. Data Retention

5.1. Call recordings, transcripts, and associated data are retained for the period configured by the Customer, up to a maximum of 90 days from the date of the call, unless the Customer selects a shorter period.

5.2. Upon expiry of the retention period, call data is automatically and permanently deleted from our systems.

5.3. The Customer may manually delete individual call records at any time via the admin interface.

5.4. Upon termination of the Customer's account, all Caller Data is deleted within 30 days.

6. Sub-processors

Sub-processorPurposeLocation
Twilio Inc.Telephone connectivityUnited States
Amazon Web Services (Bedrock)AI composition of responses during calls (nothing stored by the provider; text only, with names replaced by stand-ins)United Kingdom (London) / Europe
Amazon Web Services (Polly)Turning responses into speechUnited Kingdom / Europe
Krystal Hosting Ltd (Katapult)Infrastructure hostingUnited Kingdom
[SMTP provider]Email notification delivery[Location]

6.2. We will notify the Customer of any changes to sub-processors with at least 30 days notice. The Customer may object to a new sub-processor within that period.

7. Product Nature and Safety Disclaimer

7.1. The Service is an automated telephone answering service, a smart voicemail. It is not a monitored care service, personal alarm, emergency notification system, or substitute for professional care.

7.2. The Service will not:

  • (a) Monitor the welfare of any person;
  • (b) Dispatch emergency services or alert anyone to an emergency;
  • (c) Detect, assess, or respond to medical, safety, or life-threatening situations;
  • (d) Replace or supplement a personal alarm, telecare system, or professional care service.

7.3. The Service does not monitor calls for signs of distress or emergency. It does not attempt to identify urgent situations and does not classify, prioritise, or flag calls based on urgency or safety concerns.

7.4. The Service is not designed, tested, or certified for use as a care device, medical device, or safety system.

7.5. The Service uses speech recognition to understand what Callers are asking, and composes responses accordingly. Speech recognition may:

  • (a) Misunderstand Callers due to accent, dialect, background noise, or ambiguous speech;
  • (b) Lead to an incorrect or irrelevant response based on a misrecognised phrase;
  • (c) Fail to recognise what the Caller is asking, in which case the Service will offer to take a message.

7.6. Responses are composed by an AI model within the Customer's conversation plan. Although every response is automatically checked before it is spoken, and a fallback message written by the Customer is played if a check fails, we do not guarantee that composed responses will always be accurate, appropriate, or free of error.

7.7. The Customer is responsible for reviewing messages and transcripts delivered by the Service and should not rely solely on automated summaries for critical decisions. The full transcript of every call is made available to the Customer.

8. Intellectual Property

8.1. The Customer retains all rights in their configuration data, response content, and any information they provide to the Service.

8.2. We retain all rights in the Platform, including software, algorithms, and documentation.

8.3. We do not use Caller Data to train AI models. Caller Data is processed solely for the purpose of delivering the Service to the Customer. Our AI sub-processors are contractually required not to store Caller Data and not to use it to train AI models: the words of a call are processed to compose each response and immediately discarded.

8.4. Attribution. The Service's speech systems were developed and evaluated using, among other resources, the AMI Meeting Corpus, made available by the AMI Consortium under the Creative Commons Attribution 4.0 International licence (CC BY 4.0).

9. Limitation of Liability

9.1. Nothing in these Terms excludes or limits liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded by law.

9.2. Subject to clause 9.1, our total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the greater of:

  • (a) The total fees paid by the Customer in the 12 months preceding the event giving rise to the claim; or
  • (b) £100.

9.3. Subject to clause 9.1, we shall not be liable for any:

  • (a) Loss of profits, business, revenue, or anticipated savings;
  • (b) Loss of data (beyond our obligation to maintain reasonable backups during the retention period);
  • (c) Indirect or consequential loss;
  • (d) Loss arising from the content of responses configured by the Customer;
  • (e) Loss arising from speech recognition errors, including responses composed on the basis of a misrecognised phrase;
  • (f) Loss arising from the Customer's failure to comply with their data controller obligations.

9.4. Responses are composed by an AI model within the Customer's conversation plan and automatically checked before being spoken. We do not guarantee that every response will be accurate or appropriate.

9.5. We are not liable for any actions taken by Callers or third parties based on information provided during calls. The Customer is responsible for the information they configure into the Service.

10. Indemnification

10.1. The Customer shall indemnify us against all claims, losses, damages, and expenses (including reasonable legal fees) arising from:

  • (a) The Customer's breach of these Terms;
  • (b) The Customer's failure to comply with applicable data protection law;
  • (c) Any claim by a Caller or third party arising from the Customer's use of the Service or the response content configured into it;
  • (d) The Customer's use of the Service in a regulated setting without appropriate safeguards.

11. Acceptable Use

11.1. The Service is designed for general-purpose telephone answering. It is not designed, tested, or certified for use in:

  • (a) Emergency services or life-safety applications;
  • (b) Regulated care settings (including services regulated by CQC or equivalent);
  • (c) Medical advice or triage;
  • (d) Financial advice or regulated financial services;
  • (e) Any context where failure of the Service could result in harm to persons.

11.2. The Customer may use the Service in any lawful context, but assumes all additional risk and liability when using the Service outside its designed purpose.

12. Service Availability

12.1. We will use commercially reasonable efforts to maintain Service availability but do not guarantee uninterrupted service.

12.2. We may suspend the Service for maintenance, security, or legal reasons with reasonable notice where practicable.

13. Term and Termination

13.1. These Terms apply from the date the Customer creates an account and continue until terminated.

13.2. Either party may terminate on 30 days written notice.

13.3. We may terminate immediately if the Customer breaches these Terms and fails to remedy the breach within 14 days of notice.

13.4. Upon termination, clause 5.4 (data deletion) applies.

14. Consumer Subscribers

14.1. If the Customer is a consumer (an individual acting outside their trade, business, craft, or profession), the following applies:

  • (a) Nothing in these Terms affects the Customer's statutory rights under the Consumer Rights Act 2015;
  • (b) Where any term would be unfair under the Consumer Rights Act 2015, that term shall be limited to the extent necessary to make it fair;
  • (c) The indemnity in clause 10 shall not require the Customer to indemnify us for losses caused by our own negligence or breach of these Terms.

15. Governing Law

15.1. These Terms are governed by the laws of England and Wales.

15.2. The courts of England and Wales have exclusive jurisdiction.

16. Changes to Terms

16.1. We may update these Terms by providing 30 days notice. Continued use after the notice period constitutes acceptance.