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Terms of Service

Last updated: May 12, 2026

Contents

  1. Acceptance & Eligibility
  2. The Service
  3. Account & Subscription
  4. Billing, Refunds & Cancellation
  5. Customer Responsibilities
  6. Acceptable Use
  7. Customer Data & Privacy
  8. Intellectual Property
  9. Confidentiality
  10. Warranties & Disclaimers
  11. Limitation of Liability
  12. Indemnification
  13. Termination
  14. Governing Law & Disputes
  15. Changes to These Terms
  16. Contact

1. Acceptance & Eligibility

These Terms of Service ("Terms") govern your use of the Voice Bonsai service ("Service"), operated by Bonsai Marketing Company ("Voice Bonsai," "we," "us," or "our"). By creating an account, signing an order form, or otherwise using the Service, you agree to these Terms. If you are accepting on behalf of a business, you represent that you have authority to bind that business and "you" means the business.

You must be at least 18 years old, located in the United States, and using Voice Bonsai for legitimate business purposes.

2. The Service

Voice Bonsai provides AI-powered voice and website chat agents that answer calls, qualify leads, and book appointments on behalf of customer businesses. The Service is offered in three product tiers:

  • AI Voice Agent — inbound and outbound phone handling
  • AI Website Chat — embeddable chat widget for websites
  • Voice Bonsai Bundle — both products together

Specific features, capacities, and integrations included in each tier are described on the pricing page and in your order form. We may update or improve the Service at any time; we will not materially reduce the features of a tier you have already paid for during a billing month.

3. Account & Subscription

Voice Bonsai is offered as a month-to-month subscription with a one-time setup fee per tier. Setup fees are non-refundable once onboarding has started. The subscription automatically renews each month until cancelled. You are responsible for keeping your account information, billing details, and AI-agent configuration accurate and current.

4. Billing, Refunds & Cancellation

Subscription fees are billed in advance at the start of each monthly period. Setup fees are billed at signing. Fees are non-refundable except where required by law. We do not pro-rate refunds for partial-month cancellations.

You may cancel your subscription at any time through your account dashboard or by contacting us. Cancellation takes effect at the end of your current paid billing period; you will retain access to the Service until then. Fees that are past due may be referred to a collections agency, and we may suspend or terminate access for non-payment.

If we materially change pricing for your subscription, we will give you at least 30 days' notice before the change takes effect, and you may cancel without penalty before the new pricing applies.

5. Customer Responsibilities

Because Voice Bonsai handles real phone calls and messages on your behalf, you have specific legal responsibilities. By using the Service, you represent, warrant, and agree to the following.

a. Call-recording compliance

You acknowledge that Voice Bonsai records and transcribes phone calls handled by the AI agent. Federal law and the laws of California and several other states (Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, Washington, and others) require that some or all parties to a call consent to being recorded. You are solely responsible for obtaining any required caller consents under all federal, state, and local laws that apply to your calls, including by configuring an appropriate recording disclosure to be played at the start of each call.

Voice Bonsai offers an optional disclosure-greeting feature ("This call may be recorded for quality and service purposes"). Enabling that feature does not by itself satisfy all jurisdictions' requirements; you remain responsible for ensuring your specific configuration meets the law that applies to you.

b. TCPA & Do-Not-Call compliance

If you use Voice Bonsai for any outbound calling or messaging — including AI-initiated follow-up calls, appointment reminders, missed-call texts, or any automated dialing — you represent and warrant that you will comply with the federal Telephone Consumer Protection Act (TCPA), the federal Do-Not-Call Registry, state mini-TCPA statutes (including the Florida Telephone Solicitation Act and the Washington Commercial Electronic Mail Act), and any other applicable laws. You will obtain prior express written consent where required, scrub recipient lists against the National Do-Not-Call Registry and your own internal do-not-call list, and honor opt-outs immediately.

c. AI persona and script accuracy

You are responsible for the content of the AI agent persona, script, knowledge base, business information, and any responses you instruct the AI to give. You will not configure the AI to make false or misleading statements, impersonate a human in a way that violates applicable law (including state AI-disclosure laws such as California's Bolstering Online Transparency Act), or provide regulated advice (medical, legal, financial) that you are not authorized to provide.

6. Acceptable Use

You will not use Voice Bonsai to:

  • Engage in fraud, deception, harassment, or threats
  • Place or facilitate unlawful robocalls, spam calls, or messages
  • Violate the rights of any third party (including intellectual-property, privacy, and publicity rights)
  • Conduct activities that are prohibited under the acceptable-use policies of our underlying telephony, hosting, or AI providers
  • Attempt to reverse engineer, decompile, or extract the underlying models or systems
  • Resell, sublicense, or provide the Service to third parties without our written permission

We may suspend or terminate accounts that violate this section without notice and without refund.

7. Customer Data & Privacy

As between you and Voice Bonsai, you own the call recordings, transcripts, contact records, and other data that pass through your account ("Customer Data"). You grant Voice Bonsai a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Customer Data solely for the purpose of providing and improving the Service.

Voice Bonsai's handling of personal information is described in the Privacy Policy, which is incorporated into these Terms by reference. To the extent Voice Bonsai processes personal information on your behalf, we act as a service provider under the California Consumer Privacy Act and as a processor under the GDPR / UK GDPR where applicable.

8. Intellectual Property

Voice Bonsai retains all right, title, and interest in the Service, including the software, models, dashboards, documentation, and any improvements or feedback you provide. Nothing in these Terms transfers ownership of the Service to you. Voice Bonsai may create and use aggregated, de-identified statistics derived from Customer Data to operate, improve, and benchmark the Service, provided that those statistics do not identify you or any individual.

9. Confidentiality

Each party may have access to information of the other party that is non-public and either marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Each party will protect the other's Confidential Information using at least the same care it uses to protect its own confidential information of a similar kind, and in any event no less than a reasonable standard of care, and will use Confidential Information only as needed to perform under these Terms.

10. Warranties & Disclaimers

VOICE BONSAI IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

AI-generated output is probabilistic and may be inaccurate, incomplete, or unsuitable for a given purpose. You are responsible for reviewing AI output before relying on it for critical business decisions.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, VOICE BONSAI AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

VOICE BONSAI'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You will defend, indemnify, and hold harmless Voice Bonsai and its officers, employees, and contractors from and against any third-party claims, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your failure to obtain required call-recording consents under applicable law
  • Any TCPA, Do-Not-Call, or mini-TCPA violation alleged against you
  • The content of the AI persona, script, or knowledge base you configure
  • Your violation of these Terms, applicable law, or the rights of any third party
  • Customer Data you provide to the Service

13. Termination

Either party may terminate these Terms for convenience on 30 days' written notice. Either party may terminate immediately for cause if the other party materially breaches these Terms and fails to cure within 15 days after written notice (or immediately for breaches that cannot be cured). On termination, your right to use the Service ends. We will make Customer Data available to you for export for 30 days after termination, after which we may delete it.

14. Governing Law & Disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The exclusive venue for any dispute arising out of or related to these Terms or the Service is the state or federal courts located in Sonoma County, California, and both parties consent to personal jurisdiction in those courts.

Before filing a lawsuit, each party will use good-faith efforts to resolve the dispute through informal discussions for at least 30 days after written notice of the dispute is provided to the other party.

15. Changes 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 dashboard at least 30 days before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, you may cancel your subscription before the change takes effect.

16. Contact

Questions about these Terms can be sent to:

Bonsai Marketing Company (operator of Voice Bonsai)
1275 Fourth Street #5102
Santa Rosa, CA 95404
(707) 602-3487
hello@bonsaimarketingcompany.com

Voice Bonsai

AI Voice + AI Chat for local businesses. Never miss another call or lead again.

EVERY CALL. EVERY LEAD. CAPTURED.
📞 (707) 602-3487

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