Legal
Terms of Service
These Terms of Service govern your access to and use of the Fusion 44 website and any related services we provide, including trial access, onboarding, AI receptionist services, support, and related communications.
These terms are drafted primarily for business customers. If mandatory consumer law applies to a particular contract, nothing in these terms is intended to limit rights that cannot lawfully be excluded.
1. About Us
Fusion 44 trades as Fusion 44. Registered office: [insert registered office address]. Company number: [insert company number]. Legal contact: [insert legal email]. Telephone: 07446 499023.
2. Acceptance Of These Terms
By accessing our website, requesting a demo, starting a trial, placing an order, or using our services, you agree to be bound by these terms and any proposal, order form, statement of work, or service-specific terms we provide.
If you use the services on behalf of a company or other organisation, you confirm that you have authority to bind that organisation.
3. Our Services
We provide AI-powered call answering and related services, which may include call routing, lead capture, appointment booking, call summarisation, messaging, integrations, onboarding, and customer support.
Service features, usage limits, pricing, and support commitments may vary by plan, proposal, or order form. Marketing pages and demos are illustrative and do not override the agreed commercial documents for a paying customer.
4. Trials, Quotes, Orders, And Contract Formation
A website request for a demo, quote, or free trial does not itself guarantee acceptance, activation, or availability. A binding services contract is formed only when we confirm an order, countersign an order form, activate a trial, or otherwise clearly accept the arrangement.
We may refuse or delay service where onboarding information is incomplete, implementation is not technically feasible, or use of the service would create legal, security, or reputational risk.
5. Customer Responsibilities
You are responsible for providing accurate information, lawful call flows, lawful scripts, lawful contact data, and any notices or permissions required for your use of telephony, recording, messaging, marketing, and AI-assisted workflows.
You must ensure that your own use of the services complies with applicable law, including data protection, PECR, consumer law, employment law, telecoms rules, sector-specific regulation, and any contractual duties owed to your callers or customers.
6. Acceptable Use
You must not use the website or services to break the law, mislead callers, infringe another person's rights, send spam, facilitate fraud, distribute malware, abuse the service, or attempt unauthorised access to systems or data.
You must not use the service in a way that requires specialised regulated advice or emergency handling unless we have expressly agreed that use case in writing and the implementation is suitable for it.
7. AI And Service Limitations
AI-generated outputs can be useful but are not guaranteed to be error-free, complete, or suitable for every situation. Speech recognition, summaries, routing decisions, and automated actions may occasionally be inaccurate.
You should use appropriate human review, escalation paths, and operational safeguards for any workflow where inaccuracy could cause harm, compliance issues, or business loss.
8. Fees, Payment, And Taxes
Fees, billing cycles, implementation charges, included usage, overage terms, and payment deadlines are set out in the applicable proposal, order form, checkout flow, or invoice.
Unless stated otherwise, fees are exclusive of VAT and other applicable taxes. Late payment may result in suspension, interest where lawful, and recovery costs.
9. Changes To Services And Pricing
We may update, improve, replace, or discontinue parts of the website or services from time to time. We may also update pricing for future billing periods by giving reasonable notice, unless a different notice period is set out in your contract.
10. Intellectual Property
We and our licensors retain ownership of the website, software, models, workflows, branding, documentation, and all related intellectual property rights, except for material that you own and lawfully provide to us.
You grant us a non-exclusive right to use the data, prompts, scripts, call flows, and other materials you provide to the extent necessary to deliver, secure, support, and improve the services, subject to our Privacy Policy and any data processing terms we agree with you.
11. Data Protection
Each party must comply with applicable data protection law in connection with the services. Where we process personal data on your behalf as a processor, the parties should have an appropriate data processing agreement in place.
Our handling of personal data for our own website, sales, and account management purposes is described in our Privacy Policy.
12. Confidentiality
Each party must keep the other party's confidential information secure and use it only as needed for the contract, unless disclosure is required by law or the information is already public through no fault of the receiving party.
13. Availability, Support, And Suspension
We aim to provide a reliable service but do not guarantee uninterrupted or error-free availability unless expressly stated in a separate service-level agreement.
We may suspend access immediately where necessary for security, maintenance, non-payment, suspected unlawful use, or risk to the service, our customers, or third parties.
14. Warranties And Disclaimers
To the fullest extent permitted by law, the website and services are provided on an "as available" basis except to the extent we have expressly agreed otherwise in writing.
Nothing in these terms excludes any statutory term that cannot lawfully be excluded, including the requirement under applicable law to perform services with reasonable care and skill where that requirement applies.
15. Limitation Of Liability
Nothing in these terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded.
Subject to that, and unless a different cap is agreed in writing, our total aggregate liability arising out of or in connection with the services shall not exceed the total fees paid or payable by you to us for the 12 months immediately preceding the event giving rise to the claim.
Subject to applicable law, we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of goodwill, or loss of anticipated savings.
16. Term, Termination, And Effect Of Termination
The contract continues for the agreed term and any renewal period stated in the applicable order documents unless ended earlier under those documents or these terms.
Either party may terminate for material breach not remedied within a reasonable cure period, insolvency, or where otherwise allowed by the contract. On termination, your access may end, fees already due remain payable, and each party must return or delete confidential information as required by the contract and law.
17. Governing Law And Jurisdiction
These terms and any non-contractual disputes arising out of them are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction unless mandatory law requires otherwise.
18. General
If any provision of these terms is held unenforceable, the remaining provisions remain in effect. A delay in enforcing a right is not a waiver of that right. You may not transfer your rights or obligations without our consent, except as part of a permitted business transfer. We may transfer our rights and obligations as part of a merger, acquisition, financing, or sale of business assets.
19. Contact
Questions about these terms can be sent to [insert legal email] or through the contact details published on this website.
