Terms of Service

1. The Service

The Service helps businesses capture, organize, and follow up with leads and customers. It includes a CRM, lead forms, booking, quotes, reviews, reporting, connections to other services, an AI assistant (“Puff”) that prepares suggested messages and summaries, and optional automated features that can send messages or answer calls on your behalf once you turn them on. Some features need a paid plan or add-on. Features may change over time.

2. Eligibility and accounts

The Service is for business use. You must be at least 13 years old and authorized to act for your business. If you are 13 or older but under 18, your parent or guardian must read and agree to these Terms and our Privacy Policy for you before you use the Service. We ask you to confirm this when you sign up, and we keep a record of when. By agreeing, your parent or guardian accepts these Terms on your behalf and is responsible for your use of the Service. They can ask us at any time to close your account and delete your information. We ask for your date of birth to check your age. If you are under 13, or we learn that an account belongs to someone under 13, we will close it and delete the information we hold. You must give accurate account information and keep it up to date. You are responsible for activity under your account and your team members’ accounts, and for keeping credentials secure. Tell us promptly about any unauthorized use.

3. Customer data and responsibilities

You own the data you and your leads put into the Service (“Customer Data”). You grant us a limited license to host, process, and transmit Customer Data only to provide, secure, and support the Service, including through the service providers listed in our Privacy Policy. We process Lead information on your behalf and under your instructions, and we do not use Customer Data to train AI models. You represent that you have the right and any necessary notices and consents to collect and use the Lead information in the Service, including information from ad platforms, public sources, calls, and imports, and that your use complies with applicable law, including marketing, telemarketing, call recording, anti-spam, and privacy laws (for example the TCPA, state call recording laws, CAN-SPAM, and Do-Not-Call rules). You will respond to your Leads’ privacy requests, and we will help where we can.

4. Messaging and outreach

The Service may generate suggested emails or texts. You are responsible for reviewing and sending them and for the content of anything you send. The Service sends messages or answers calls without your review only when you turn on an automated feature, such as automatic follow-up, missed-call text-back, review requests, or Puff Voice. Anything an automated feature sends or says is sent on your behalf, and you are responsible for it, including making sure each recipient has given any consent the law requires. You must connect your own phone number and email account, complete any registration your providers require (such as A2P 10DLC for business texting), and keep a valid mailing address on outgoing email. Nothing in the Service is legal or compliance advice.

5. Acceptable use

You agree not to:

• Use the Service unlawfully or to send unlawful, harassing, deceptive, or unsolicited bulk messages.
• Message people from purchased, rented, or scraped lists, or anyone who has not agreed to hear from you where the law requires agreement.
• Upload data you lack the right to use, or infringe others’ rights.
• Upload health, financial account, government ID, or other sensitive information the Service is not designed to protect.
• Attempt to breach security, access another workspace’s data, overload the Service, or scrape it.
• Reverse engineer, copy, resell, or misuse the Service except as these Terms allow.
• Rely on the Service for emergencies. It is not an emergency or 911 service.

6. Third-party integrations

The Service can connect to third-party services (for example Google Ads, Google Calendar, Meta, Calendly, Acuity Scheduling, Cal.com, GoHighLevel, Setmore, Cliniko, HubSpot, TidyCal, SavvyCal, YouCanBookMe, SimplyBook.me, IntakeQ, Healthie, vcita, Follow Up Boss, Wix, Microsoft 365, Jobber, Zoho, Stripe, PayPal, Square, QuickBooks Online, Xero, FreshBooks, Zoho Books, Sage Accounting, Wave, Twilio, your email provider, Slack, and Telegram). Your use of those services is governed by their own terms, you pay any fees they charge, and we are not responsible for them or for changes they make. You authorize us to access and process data from a service you connect, and to write to it where a feature says so (for example, adding bookings to your calendar, or, on the Enterprise plan and only when you approve a push in Puffly Financials, adding employee hours to QuickBooks Online as time entries), in order to provide the Service. Puffly does not run payroll, pay anyone or work out taxes; you remain responsible for your payroll. You can disconnect a service at any time.

7. AI phone receptionist (Puff Voice)

Puff Voice is an optional add-on that answers calls to your phone number with an automated assistant. It runs on the telephony account that you connect, and you remain the customer of that telephony provider.

• Before you turn on Puff Voice, you must accept every agreement that your telephony provider requires for AI voice features. For Twilio this includes the Predictive and Generative AI/ML Features Addendum.
• If you turn on Puff Voice without accepting those agreements, you accept sole responsibility for any failed or unanswered call, any fee or penalty from your provider, and any claim that results.
• You are responsible for telling callers that they are speaking with an automated assistant where the law requires it, and for any consent that the law requires for automated calls, transcripts, or text messages.
• Puff Voice keeps a transcript of each call for 6 months so you can review it. If you turn on call recording, you are responsible for the recording notice and any consent that the laws where you and your callers are located require, including laws that need every party to agree.
• Puff Voice answers from the information that you provide. You are responsible for keeping that information accurate. Puff Voice can make mistakes, and it is not a substitute for emergency services.
• Charges from your telephony provider for calls and messages are yours to pay and are separate from our fees.

8. Text message program

Puffly and the businesses that use the Service send text messages to people who agreed to receive them, for example by ticking the consent box on a booking or request form or by agreeing during a phone call.

• The messages are appointment confirmations, appointment reminders, and replies or follow-ups about a request that you made.
• Message frequency varies. Message and data rates may apply.
• Reply STOP to any text to opt out. You then receive one message that confirms the opt-out, and no more texts from that number. Reply START to opt in again.
• Reply HELP for help, or contact us at hello@pufflyai.com or +1 713 410 1374.
• Consent to receive texts is not a condition of any purchase or booking.
• Mobile carriers are not liable for delayed or undelivered messages.
• Our Privacy Policy explains how we handle phone numbers and text message consent. We do not share them with third parties for marketing.

9. AI features

AI features, including Puff’s drafts, summaries, lead scores, website reviews, and Puff Voice, produce output automatically and can be wrong, incomplete, or out of date. You are responsible for checking output before you rely on it or send it, unless you choose to turn on an automated feature, in which case you accept that it acts without your review. Some AI features use credits or minutes that come with your plan or that you buy; they are used as described in the Service and are not refundable.

10. Plans, billing, and cancellation

• The basic CRM is free. Paid plans and add-ons are billed in advance, monthly or yearly, through Stripe, at the prices shown when you buy.
• Subscriptions renew automatically at the end of each billing period until you cancel. You can cancel at any time in Billing settings; cancellation takes effect at the end of the period you have paid for, and paid features stay on until then.
• If a free trial is offered, your plan starts and you are charged when the trial ends unless you cancel first.
• Changing your plan or adding or removing an add-on is prorated for the rest of the billing period.
• Advertising budgets you choose are paid to the ad platform, and ad management fees are billed as described on the plans page.
• Unless the law requires otherwise, fees are non-refundable and do not include taxes. If a payment fails, we may pause paid features until it is resolved.
• We may change prices for future billing periods with at least 30 days’ notice.

11. Website services

We offer website reviews and custom website builds, bought separately from a plan. A website review bought at checkout is a one-time purchase, delivered as described when you buy it. A custom website is quoted for your business, and its scope, price, timeline, and ownership are set out in the quote or order you accept, which controls if it conflicts with these Terms.

12. License to use the Service

Subject to these Terms, we grant you and your team members a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service, including any app you install from it, for your internal business purposes while your account is in good standing. Our Software License Agreement sets out further terms for the software itself.

13. Intellectual property and feedback

We and our licensors own the Service and all related software, content, designs, and trademarks, including the Puffly and Puff names and characters. No rights are granted except as these Terms state. If you send us ideas or feedback, we may use them without obligation to you.

14. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We do not promise that the Service will be uninterrupted or error free, or that any message, call, or notification will be delivered. Estimates, scores, projected values, AI output, and analytics are informational only and are not guarantees of results, revenue, or outcomes.

15. Limitation of liability

To the fullest extent permitted by law, Puffly will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data. Our total liability for any claim relating to the Service will not exceed the amount you paid us for the Service in the twelve months before the claim.

16. Indemnification

You will indemnify and hold Puffly harmless from claims, fines, and costs arising out of your Customer Data, the messages and calls you or your automated features send or answer, your use of the Service, or your violation of these Terms or applicable law.

17. Termination

You may stop using the Service and cancel at any time. We may suspend or terminate access if you breach these Terms, if your use creates legal or security risk, or to protect the Service, and we will tell you when we can. On termination, your right to use the Service ends. On request within 30 days, we will provide an export of your Customer Data; after that, we delete or de-identify it within 90 days, unless the law requires us to keep it.

18. Governing law

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-laws rules. The courts located there will have exclusive jurisdiction, except where applicable law provides otherwise.

19. Changes to these Terms

We may update these Terms from time to time. Material changes take effect when we post the updated Terms and update the “Last updated” date, and we will give notice in the Service or by email for changes that reduce your rights. Continued use after changes means you accept them.

20. Contact

Shabtay Properties LLC
Houston, TX
hello@pufflyai.com
+1 713 410 1374