1. Agreement and Authorized Subscribers
These Terms of Service ("Terms") govern access to and use of the NonaCall website, dashboard, AI receptionist services, telephone and AI receptionist functionality, integrations, analytics, and related services (collectively, the "Service") provided by NONA DIGITAL MARKETING, LLC ("NonaCall," "we," "us," or "our"). By creating an account, activating a subscription, accepting an order form, or using the Service, the individual or legal entity accepting these Terms ("Subscriber," "you," or "your") agrees to be bound by them.
Eligible individuals may subscribe in their own name; incorporation, formation of an LLC, or possession of an employer identification number is not required solely to open an account. If the individual accepting these Terms acts on behalf of a company or other organization, that individual represents that they have authority to bind that organization. All Subscribers must satisfy Section 1A and comply with the permitted-use restrictions in these Terms.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT APPLY TO DISPUTES BETWEEN YOU AND NONACALL.
1A. United States Subscriber Eligibility
NonaCall currently offers new subscriptions and free trials only to (a) individuals who reside in the United States, or (b) individuals or organizations whose business or professional activities are established in the United States. A Subscriber need not have a registered company, LLC, or EIN solely to qualify. Temporary travel outside the United States does not, by itself, make an otherwise eligible U.S. resident or U.S.-established business ineligible.
Subscriber must provide truthful, accurate, and current information about residence or U.S. business establishment when requested. The current standard self-service trial requires a complete U.S. billing address at checkout, and NonaCall uses the billing country reported by its payment processor as a preliminary eligibility check. A U.S. billing address, U.S.-issued payment card, or U.S. IP address alone does not prove residence or business establishment. NonaCall may request reasonable additional information to verify eligibility, subject to its Privacy Policy and applicable law.
NonaCall may refuse to activate a new trial, withhold telephone-number provisioning while eligibility is unresolved, or decline or terminate an ineligible account or subscription in accordance with Sections 12, 20, 21, 22 and 26 and applicable law. Any required notice, cancellation, refund, data-access, and telephone-number obligations continue to apply. Eligibility restrictions are applied consistently, without discrimination prohibited by law.
2. Service Description
NonaCall provides AI-assisted receptionist and communications functionality that may answer inbound calls, interact with callers, collect ordinary business-contact information, provide information configured by Subscriber, take messages and callback details, support scheduling and integrations, generate call summaries and outcomes, and provide usage and billing information. Subscriber is responsible for completing and maintaining its business information, services, FAQs, hours, and other receptionist configuration before relying on the Service for live customer calls. AI output may be inaccurate, incomplete, delayed, or inappropriate for a particular situation and must not be treated as professional, medical, legal, financial, emergency, or other regulated advice.
3. Recording and Transcription
Calls handled through the Service may be recorded, transcribed, summarized, analyzed, and processed in order to provide the Service, support quality assurance, generate call outcomes, detect abuse, and maintain billing and operational records. NonaCall includes a mandatory recording disclosure at the beginning of supported calls. Subscriber cannot remove or edit this disclosure through the standard product interface.
Subscriber acknowledges that recording and consent laws vary by jurisdiction. Subscriber is solely responsible for determining whether additional notice, prior consent, affirmative consent, or an alternative non-recorded process is required for its callers and use case. Subscriber will not use the Service in a manner that violates any wiretap, interception, call-recording, privacy, or communications law.
4. Non-Regulated Business Restriction
NonaCall is currently intended for non-regulated businesses. Do not use NonaCall to collect or process protected health information, payment card data, Social Security numbers, or other regulated sensitive data.
Unless NonaCall has expressly approved a specific use case in a separate written agreement, Subscriber may not use the Service to create, receive, solicit, store, transmit, or process regulated or highly sensitive data, including protected health information (PHI), full payment-card data, Social Security numbers, medical record numbers, government identification credentials, financial-account credentials, authentication secrets, or similarly regulated information.
5. Prohibited Industries and Use Cases
The standard NonaCall Service is not designed for, and may not be used by or for, the following categories when the contemplated use involves regulated, highly confidential, or sensitive information:
- Medical practices, hospitals, urgent-care providers, dental and orthodontic practices, mental-health or therapy providers, pharmacies, home-health providers, laboratories, and assisted-living or similar providers when PHI may be involved.
- Health insurers and other healthcare entities subject to HIPAA or similar health-data obligations.
- Financial advisers, lenders, mortgage providers, banks, credit unions, and businesses using the Service for regulated financial services.
- Insurance underwriting or claims operations involving sensitive regulated information.
- Tax-preparation or accounting use cases in which callers may provide Social Security numbers, tax-return data, bank credentials, or other sensitive financial information.
- Government or public agencies where the Service would process restricted, confidential, law-enforcement, public-safety, or government-identification data.
- Legal-services use cases involving highly confidential, privileged, criminal-defense, immigration, family-law, or similarly sensitive information unless separately approved in writing.
- Cannabis, controlled-substance, or other businesses whose use of the Service would create material legal or regulatory risk.
- Any business or use case that expects the Service to collect full payment-card numbers, Social Security numbers, medical record numbers, passwords, PINs, access codes, or other regulated sensitive data.
6. Subscriber Configuration and Responsibilities
- Industry responsibility. Subscriber is responsible for accurately identifying its industry and configuring the AI receptionist appropriately for its business, products, services, geographic area, hours, escalation paths, and applicable legal requirements.
- No HIPAA/PHI without authorization. Subscriber must not use the Service for HIPAA-regulated PHI or represent that NonaCall is HIPAA compliant unless NonaCall has specifically authorized such use in a separate written agreement and any required contractual or technical measures are in place.
- No sensitive-data solicitation. Subscriber may not instruct, prompt, configure, or encourage the AI receptionist to request or collect full payment-card details, Social Security numbers, medical record numbers, passwords, PINs, bank-account credentials, or similar sensitive data.
- No unlawful use. Subscriber may not use the Service for harassment, fraud, deceptive practices, unlawful recording, impersonation, or any other use that violates applicable communications, privacy, consumer-protection, or similar laws.
- Accuracy. Subscriber is responsible for reviewing and maintaining accurate business information and instructions supplied to the Service.
7. Third-Party Infrastructure and Integrations
NonaCall relies on third-party cloud, communications, telephony, AI, speech-processing, payment, authentication, analytics, storage, and integration providers to operate the Service. Subscriber authorizes NonaCall to use such providers as reasonably necessary to deliver the Service. NonaCall may receive call artifacts from a communications or AI provider and then preserve a separate NonaCall-managed copy in cloud infrastructure for the retention period applicable to the Subscriber. Provider copies may follow different temporary retention, backup, regional, availability, or deletion rules. NonaCall does not guarantee uninterrupted availability of any third-party-dependent feature.
8. NonaCall-Managed Call Storage and Retention
NonaCall maintains a cloud-based call-history layer that may store call metadata, transcripts, recordings, summaries, structured outcomes, and related artifacts separately from temporary copies maintained by communications, telephony, AI, or speech-processing providers. The Service is not intended to serve as a permanent archive. Under the standard configuration, call metadata may be retained for up to twelve (12) months; transcripts, summaries, structured outcomes, and similar detailed text artifacts for up to ninety (90) days; and call recordings for approximately thirty (30) days. These periods may vary where a different retention configuration is expressly provided. Billing and usage records may be retained for periods reasonably necessary for invoicing, tax, accounting, fraud prevention, dispute resolution, and legal compliance, subject to applicable law and NonaCall's data retention practices.
Subscriber remains responsible for determining any independent legal or business retention obligations that exceed the retention included in its plan and for exporting information before the applicable retention period expires. NonaCall may automatically delete or render call artifacts unavailable after the applicable retention period and does not guarantee preservation beyond that period unless expressly agreed in writing or required by law. Automatic deletion may be subject to processing delays and applicable technical or legal exceptions. Additional information is provided in the Privacy Policy and Data Retention & Deletion Policy.
9. Fees, Usage, Overage, and Billing Records
Subscriber will pay all subscription fees, usage charges, overage, taxes, and other amounts shown at purchase or in the applicable plan. Usage may be measured by minutes, calls, features, or other metered units. NonaCall’s usage and billing records, including call identifiers, timestamps, duration, billed units, plan, and applicable overage rate, will be the primary operational records used to calculate usage-based charges, subject to correction for demonstrated errors.
Subscriber must notify NonaCall of a good-faith billing dispute within thirty (30) days after the applicable charge or invoice, unless applicable law requires a longer period.
10. Account Security
Subscriber is responsible for maintaining accurate account information, protecting login credentials, restricting access to authorized personnel, and promptly notifying NonaCall of suspected unauthorized access. Subscriber is responsible for activity conducted through its account except to the extent caused by NonaCall’s breach of these Terms or applicable law.
11. Intellectual Property
NonaCall and its licensors retain all rights in the Service, software, interfaces, workflows, documentation, branding, and underlying technology. Subscriber retains its rights in business content it provides to the Service. Subscriber grants NonaCall a limited license to process Subscriber content solely as reasonably necessary to provide, secure, support, and improve the Service, subject to the Privacy Policy and applicable law.
12. Suspension and Termination
NonaCall may temporarily suspend call-answering and other usage-based Service functionality when a payment attempt fails, a Subscription becomes past due, Subscriber materially violates these Terms, creates security or legal risk, uses prohibited data or industries, abuses the Service, or a third-party provider requires suspension. A payment-related suspension is designed to prevent additional usage costs and does not, by itself, cancel or terminate Subscriber’s account or release Subscriber’s assigned NonaCall number. Payment recovery may continue, and Service may be restored automatically after successful payment if the subscription returns to an active or trialing status. Subscriber may cancel according to the subscription terms displayed in the Service. NonaCall may terminate the Service for uncured nonpayment, material breach, legal or security risk, or other grounds permitted by these Terms. Termination does not eliminate accrued payment obligations.
13. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” NONACALL DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED AVAILABILITY. NONACALL DOES NOT WARRANT THAT AI OUTPUT WILL BE ERROR-FREE OR APPROPRIATE FOR EVERY CALLER OR BUSINESS DECISION.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONACALL WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA; OR COSTS ARISING FROM THIRD-PARTY SERVICES, AI OUTPUT, MISSED, DELAYED, OR INCORRECTLY HANDLED CALLS, RECORDING-CONSENT FAILURES ATTRIBUTABLE TO SUBSCRIBER’S USE CASE, OR SUBSCRIBER’S FAILURE TO COMPLY WITH APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONACALL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY SUBSCRIBER TO NONACALL FOR THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
15. Subscriber Indemnification
To the maximum extent permitted by law, Subscriber will defend, indemnify, and hold harmless NonaCall and its officers, directors, employees, contractors, and affiliates from third-party claims, damages, penalties, losses, costs, and reasonable attorneys’ fees arising from or relating to: (a) Subscriber’s content, instructions, business practices, or configuration; (b) Subscriber’s violation of recording, privacy, consumer-protection, industry-specific, or other applicable law; (c) Subscriber’s collection or processing of prohibited data; (d) Subscriber’s use of the Service in a prohibited or regulated industry without written authorization; or (e) Subscriber’s material breach of these Terms.
16. Privacy
NonaCall’s Privacy Policy describes how NonaCall processes personal information. To the extent NonaCall processes caller information on Subscriber’s behalf, Subscriber is responsible for providing legally required notices and responding to data-subject or consumer requests applicable to Subscriber’s business, with reasonable assistance from NonaCall where required by law or contract.
17. Governing Law; Venue
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except that the arbitration agreement in Section 30 is governed by the Federal Arbitration Act to the extent applicable. For any dispute or proceeding that is not subject to arbitration, and for proceedings to compel arbitration, obtain provisional judicial relief, or confirm, modify, or enforce an arbitration award, the state and federal courts located in Orange County, Florida will have exclusive jurisdiction and venue, and each party consents to personal jurisdiction there.
18. Changes and Notices
NonaCall may update these Terms from time to time. Material changes will be communicated through the Service, by email, or by another reasonable method. Continued use after an effective date constitutes acceptance where permitted by law. Notices to NonaCall must be sent to info@nonadigitalmarketing.com.
19. Subscription Term; Automatic Renewal; Plan Changes
Unless an order form or plan description states otherwise, subscriptions renew automatically for successive billing periods until canceled under the procedures available in the Service. By subscribing, Subscriber authorizes NonaCall and its payment processor to charge the payment method on file for disclosed recurring subscription fees, applicable usage and overage charges, approved add-ons, and taxes. Subscriber may cancel as described in these Terms and in the Service. NonaCall may change available plans, features, allowances, or prices prospectively, subject to required notice and applicable law.
Eligible Subscribers may request a change between available plans through the Service, or through NonaCall Support where an administrative change is authorized. Plan changes are subject to Section 21. A plan change normally modifies the existing subscription; it does not grant a new free trial, replace an assigned telephone number, erase account history, or reset usage already recorded for the current billing period. Subscriptions with custom pricing, promotional arrangements, discounts, or other special billing terms may require Support assistance.
20. Payment Authorization; Taxes; Failed Payments; Refunds
Subscriber must maintain a valid payment method and authorizes NonaCall and its payment processor to charge amounts due under the applicable subscription, including recurring fees, usage or overage charges, approved add-ons, applicable taxes, and any prorated charges expressly confirmed when an eligible plan upgrade is requested. Subscriber represents that Subscriber is authorized to use the payment method provided and must keep billing information accurate and current.
For an eligible upgrade, the Service may present an estimated prorated amount reflecting the remainder of the current billing period. The actual amount due may vary because of taxes or adjustments disclosed in the payment or confirmation flow. If the processor requires additional authentication or the upgrade-related payment is pending or unsuccessful, the upgraded allowance and benefits will not be activated until any required payment is confirmed. An unsuccessful upgrade-specific payment does not, by itself, revoke an otherwise paid and current plan; unpaid recurring invoices remain subject to the payment-failure rules below.
Unless required by law or expressly stated in an order form, fees are non-refundable and NonaCall does not provide credits or refunds for partially used billing periods, unused included usage, downgrades, cancellation during a billing period, or temporary service interruption. A downgrade does not generate an immediate proportional refund or credit unless otherwise required by applicable law. NonaCall may correct demonstrated billing errors.
If a recurring payment attempt fails, is reversed, remains unpaid, or a subscription becomes past due, NonaCall may temporarily pause call-answering and other usage-based Services to prevent additional charges from accruing. NonaCall or its payment processor may retry the payment method on file. A failed payment does not automatically cancel Subscriber's account or release an assigned telephone number. Service may be restored automatically after successful payment if the subscription returns to an active or trialing status. Temporary suspension for nonpayment does not cancel or waive amounts already due. If the subscription later reaches a terminal status such as canceled, unpaid, or incomplete/expired, the telephone-number and post-termination rules below apply. NonaCall may require payment of past-due amounts before reactivation and may recover reasonable collection costs where permitted by law and contract.
21. Free Trials, Promotions, Upgrades, and Downgrades
Free Trial; Automatic Paid Conversion
If NonaCall offers a free trial or promotion, the applicable duration, included usage, eligibility, payment-method requirement, and conversion terms will be disclosed at signup and checkout. Under the current standard self-service trial, an eligible account receives three (3) days of trial access with up to fifteen (15) call minutes, and a valid payment method is required at checkout. The recurring subscription fee is not charged before the trial ends. If the trial-minute allowance is exhausted early, NonaCall may pause additional call usage until the trial ends; exhaustion does not start the paid plan early or create trial overage charges. Unless canceled before conversion, the selected recurring plan begins at the end of the trial and NonaCall may attempt to charge the payment method on file. Trial eligibility is generally limited to one trial per eligible account or workspace; different promotional terms may apply only when expressly disclosed. A trial cancellation scheduled for trial end ordinarily becomes effective when the trial ends.
Payment Method and Geographic Eligibility
A valid eligible credit or debit card is required to activate a standard NonaCall free trial. Payment methods identified by our payment processor as prepaid are not eligible. The standard self-service trial requires a complete United States billing address during checkout and uses the reported billing country as part of its eligibility screening, as further explained in Section 1A. A payment card issued outside the United States is not automatically disqualified when the Subscriber otherwise meets the eligibility requirements. An address entered at checkout is not independent proof of U.S. residence or business establishment. If required information is absent or ineligible, NonaCall may withhold trial activation and telephone-number provisioning and may cancel an ineligible trial or subscription, subject to applicable law. Creating an account or completing checkout alone does not guarantee trial eligibility.
Eligibility to Change Plans
Self-service plan changes are available only after the free-trial period has ended, the first paid subscription invoice has been successfully paid, and the subscription is current and active. Plan changes are unavailable during the free trial, while a required payment is pending or past due, or while another plan change is being processed. Special-price or promotional subscriptions may require assistance from NonaCall Support. Plan changes do not generate another free trial.
Upgrades
Eligible Subscribers may upgrade to a higher-priced plan through the confirmation process provided in the Service. An upgrade may result in a prorated charge for the unused portion of the current billing period, and an estimated amount will be shown before the request is confirmed. The upgrade and additional included-minute allowance take effect only after any required upgrade-related payment is successfully confirmed. If the payment or required authentication is not completed, the existing paid plan remains in effect, subject to the payment rules in Section 20.
Downgrades
Eligible Subscribers may schedule a change to a lower-priced plan for the next subscription renewal. The existing paid plan, including its applicable allowance, remains in effect through the current paid billing period. At the next renewal, the lower-priced plan and its allowance take effect subject to successful renewal and other applicable subscription conditions. No immediate prorated refund or credit is issued for a scheduled downgrade except as required by law. Subscribers may contact NonaCall Support to request changes to a scheduled downgrade before its effective date; NonaCall cannot guarantee every late change request can be processed.
Minutes, Account Continuity, and Administrative Changes
Usage recorded during the current billing period remains counted when a plan change takes effect; changing plans does not erase accumulated call minutes, award a new trial, or automatically roll over unused minutes. Any remaining included usage is determined using the applicable plan allowance and usage already recorded for that period. The assigned telephone number, receptionist configuration, and account history ordinarily remain associated with the same account. Authorized NonaCall administrators may process a Subscriber-requested plan change under the same eligibility and payment rules. Any applicable price, effective date, and charges must be presented to or agreed with the Subscriber as required by law.
22. Telephone Numbers and Porting
If NonaCall assigns, hosts, or manages a telephone number for Subscriber, Subscriber receives a limited right to use that number with the Service while eligible Service remains active; ownership, portability, reassignment, and continued availability remain subject to applicable law and the underlying telecommunications provider. NonaCall currently provisions new U.S. local numbers through third-party telephony infrastructure and may import or associate those numbers with NonaCall’s call-orchestration provider. Specific telephone numbers, area codes, localities, and inventory are not guaranteed. If a requested area code is unavailable, NonaCall may offer available alternatives, and Subscriber must select an available option before a number is purchased or assigned. A provisioned number does not mean the AI receptionist is fully configured; Subscriber remains responsible for completing receptionist setup before using or advertising the number for live customer traffic.
Telephone-number retention depends on payment history. If a trial or Subscription ends and NonaCall has not received any successful invoice payment greater than $0 for the applicable customer/account, NonaCall may release the assigned provider-controlled number promptly upon effective termination and no thirty (30)-day number-reservation period applies. If NonaCall has received at least one successful positive payment, NonaCall will generally reserve the provider-controlled number for up to thirty (30) days after effective termination for eligible reactivation or a legally/provider-supported port-out request. A temporary past-due suspension does not start either release period. A permanent account-closure request may cause the number to be released immediately. After release, the number may be reassigned by the provider and NonaCall cannot guarantee recovery or future portability.
NonaCall may assign a telephone number for use with the Services. Following termination of a paid subscription, NonaCall may retain the assigned number for up to 30 days. Customers wishing to transfer an eligible number to another provider must contact NonaCall Support before the retention period expires. After the applicable retention period, NonaCall may release or reassign the number, and recovery may no longer be possible.
23. AI Features; Human Oversight; Restricted Decisions
The Service may use artificial intelligence, machine learning, speech recognition, synthetic speech, and related technologies. AI outputs may be inaccurate, incomplete, delayed, duplicated, or inappropriate. Subscriber is responsible for reviewing material outputs and must not use the Service as the sole basis for decisions that create legal or similarly significant effects in regulated areas such as healthcare, credit, employment, housing, insurance, legal services, or other restricted contexts unless separately approved in writing.
24. Customer Data; Model Training; De-Identified Data
Subscriber retains its rights in Customer Data. NonaCall receives only the rights reasonably necessary to provide, secure, troubleshoot, support, and administer the Service, subject to the Privacy Policy, applicable DPA, and applicable law. NonaCall will not use identifiable caller recordings, transcripts, or Subscriber-confidential data to train generalized AI models unless the governing contract and privacy disclosures expressly permit that use.
25. Data Processing Addendum and Subprocessors
To the extent NonaCall processes personal information on behalf of Subscriber, the parties may be subject to the NonaCall Data Processing Addendum. Subscriber authorizes NonaCall to engage subprocessors as reasonably necessary to provide the Service, subject to the DPA and applicable law. NonaCall may maintain a current subprocessor list and a process for material subprocessor changes.
26. Post-Termination Access, Export, and Deletion
A voluntary cancellation ordinarily becomes effective at the end of the then-current paid billing period, or at the end of a free-trial period when cancellation is scheduled during trial, unless the Service expressly provides an earlier effective date. A termination for material breach, legal or security risk, or uncured nonpayment may take effect earlier. Beginning on the effective termination date, NonaCall may stop call-answering and other usage-based Services and no new call usage will be accepted. For thirty (30) days after the effective termination date (the “Post-Termination Window”), Customer Data that has not already expired under a shorter category-specific retention period may remain available through the dashboard or by a reasonable verified export request, as technically available. Ordinary shorter retention periods continue to run and are not extended merely because the account terminated. At the end of the Post-Termination Window, remaining Customer Data in active NonaCall storage will be scheduled for deletion or rendered inaccessible, except for limited billing, tax, fraud-prevention, security, dispute, legal-hold, and other records NonaCall is permitted or required to retain. Telephone-number release is a separate resource-lifecycle rule and may occur earlier than Customer Data deletion for a never-paid trial or permanent account closure. A temporary suspension caused by a failed or past-due payment is not, by itself, a cancellation or termination and does not start the Post-Termination Window.
Inactive Never-Paid Trial Accounts
If a Subscriber's free trial or subscription has ended, the associated account has no record of a successful subscription payment, and the account has remained inactive for at least ninety (90) days after effective termination, NonaCall may identify the account for an inactivity and retention review. This process is intended to minimize unnecessary account data, protect personal information, and maintain a secure and efficient Service.
Accounts with an active subscription, a recorded history of successful subscription payments, or active provisioned Service resources are excluded from this never-paid inactivity process. Eligibility may also depend on the Subscriber's last login and other account activity. Signing in again or reactivating an eligible subscription before deletion interrupts the pending inactivity process. Access by NonaCall administrators acting in a support capacity does not, by itself, count as a Subscriber login.
Before any permanent account deletion under this inactivity policy, NonaCall will provide at least fourteen (14) days' advance notice by email to the address registered with the account. After the notice period, an eligible account may be referred for additional administrative review; expiration of the notice period alone does not automatically delete the account. Any permanent deletion remains subject to account-verification safeguards, applicable law, and required retention obligations.
NonaCall may retain limited information where reasonably necessary for billing, tax, accounting, security, fraud prevention, disputes, legal claims, or legal compliance. This inactivity policy does not extend the separate thirty (30)-day Post-Termination Window or any shorter category-specific retention periods for call recordings, transcripts, call metadata, or other Customer Data set out in these Terms and the Privacy Policy. Subscribers may contact info@nonadigitalmarketing.com concerning their account or applicable privacy rights.
27. Security Incidents
NonaCall uses reasonable administrative, technical, and organizational measures designed to protect Customer Data. If we confirm a security incident affecting Customer Data, we will investigate it and take appropriate steps to contain and remediate the issue. Where required by applicable law, our Data Processing Addendum, or another written agreement, we will notify affected Customers and provide reasonable information about the incident.
28. Acceptable Use; Fraud and Abuse
Subscriber may not use the Service to impersonate another person or business without authorization, facilitate fraud, harassment, unlawful surveillance, deceptive practices, illegal content, credential theft, spam, evasion of carrier or platform safeguards, unauthorized account sharing, or conduct intended to disrupt, probe, reverse engineer, or abuse the Service or third-party infrastructure. NonaCall may investigate, restrict, or suspend suspected abuse.
29. Law-Enforcement Requests and Legal Process
NonaCall may preserve or disclose information when required by valid legal process or applicable law and may notify Subscriber unless legally prohibited. NonaCall may maintain internal procedures for evaluating subpoenas, warrants, preservation requests, emergency requests, and other governmental demands.
30. Dispute Resolution; Binding Arbitration; Class-Action Waiver; Time Limit to Bring Claims
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES CERTAIN DISPUTES TO BE RESOLVED THROUGH BINDING ARBITRATION, AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.
Informal Resolution First. Before filing an arbitration or court action, the party asserting a dispute must provide the other party with written notice describing the nature of the dispute, the relevant account, transaction, or circumstances, and the relief requested. Notices to NonaCall must be sent to info@nonadigitalmarketing.com. The parties will attempt in good faith to resolve the dispute for thirty (30) days after receipt of the notice.
Either party may seek temporary, emergency, or provisional judicial relief when reasonably necessary to protect confidential information, intellectual property, account or system security, or to prevent imminent or irreparable harm. Seeking such relief does not waive or otherwise affect either party’s obligation to arbitrate the underlying dispute where arbitration is otherwise required by this Section.
Binding Individual Arbitration. Except for an eligible claim brought in small-claims court and claims seeking temporary, emergency, or provisional judicial relief as described above, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, a Subscription, billing, the use or provision of telephone or communications services through NonaCall, or the relationship between the parties will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect.
The arbitration will be conducted by one arbitrator. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, will govern the interpretation and enforcement of this arbitration agreement to the extent applicable, with the Revised Florida Arbitration Code applying where not preempted by or inconsistent with federal law.
The legal seat of arbitration will be Orange County, Florida, although hearings may be conducted remotely, by telephone, videoconference, or another mutually agreed method when permitted by the applicable rules. The arbitrator may award any individual remedy that would otherwise be available in a court of competent jurisdiction and is not prohibited by these Terms or applicable law. Judgment on an arbitration award may be entered in any court having jurisdiction.
Class-Action and Representative-Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT ANY DISPUTE WILL BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY BRING, JOIN, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF DIFFERENT PERSONS OR ENTITIES WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
If this waiver is finally determined to be unenforceable with respect to a particular claim or request for relief, that claim or request for relief will be severed and may proceed in a court of competent jurisdiction, while any remaining claims subject to arbitration will continue to be resolved through individual arbitration.
Time Limit to Bring Claims. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, A SUBSCRIPTION, BILLING, OR THE RELATIONSHIP BETWEEN THE PARTIES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR, IF LATER, WITHIN ONE (1) YEAR AFTER THE CLAIMANT REASONABLY SHOULD HAVE DISCOVERED THE FACTS GIVING RISE TO THE CLAIM. IF A CLAIM IS NOT COMMENCED WITHIN THAT PERIOD, IT IS PERMANENTLY BARRED. THIS CONTRACTUAL LIMITATION DOES NOT APPLY WHERE APPLICABLE LAW PROHIBITS THE PARTIES FROM SHORTENING THE OTHERWISE APPLICABLE STATUTE OF LIMITATIONS.
Fees and Other Rights. Arbitration fees and attorneys’ fees will be allocated in accordance with the applicable AAA rules, these Terms, and applicable law. Nothing in this Section prevents either party from reporting conduct to, communicating with, or seeking relief from a governmental agency or regulator where permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY FOR A DISPUTE THAT IS NOT REQUIRED TO BE RESOLVED THROUGH ARBITRATION.
31. Cloud Storage; Retention Configuration; Deletion Controls
NonaCall may store Subscriber call artifacts in NonaCall-controlled cloud infrastructure in order to provide historical call access beyond a communications provider’s temporary retention window. NonaCall will use reasonable access controls, tenant isolation, encryption, logging, and lifecycle/deletion controls appropriate to the nature of the stored information.
Retention may vary by data category and Subscriber plan. A plan or workspace offering extended recording retention may retain recordings for a longer period than the standard recording-retention period, but not beyond the duration stated for that plan or configuration absent a lawful retention exception.
Deletion from active storage may occur automatically according to lifecycle rules. Copies contained in disaster-recovery backups, security snapshots, or provider systems may expire according to separate technical cycles and are not intended to be restored for ordinary Subscriber access after the active retention period has ended.
32. Service Capacity; Concurrent Calls; Carrier and Provider Availability
The Service depends on finite account-level and provider-level capacity, including concurrent-call limits, carrier routing, telephone-number inventory, upstream AI/speech capacity, and third-party availability. Unless a separate written service-level agreement states otherwise, NonaCall does not guarantee that an unlimited number of calls can be answered simultaneously or that every attempted call will connect during a capacity limit, provider outage, carrier disruption, maintenance event, or similar condition. NonaCall may adjust providers, routing, capacity, or technical limits as reasonably necessary to operate and scale the Service.
33. No Emergency or 911 Service
NonaCall is not an emergency communications service, public-safety answering point, 911/E911 service, medical dispatch service, or substitute for emergency services. Subscriber must not configure, market, or rely on NonaCall as the sole or primary means for emergency communications and must provide callers with appropriate instructions to contact 911 or another emergency service when circumstances require.