These Terms of Service ("Terms") govern your use of the UpNewLevel service ("Service"), operated by Derbent LLC, a single-member limited liability company registered in New Jersey, USA ("we", "us", "Company"). By subscribing to the Service or using upnewlevel.com, you ("Customer") agree to these Terms.

1. What the Service does

UpNewLevel provides an AI voice receptionist that answers incoming phone calls on behalf of Customer's business. The Service may take messages, qualify callers, answer frequently asked questions, schedule appointments on connected calendars, transfer calls, and send notifications.

The Service depends on third-party infrastructure including voice AI providers, telephony carriers, and calendar integrations. While we take reasonable measures to keep the Service available, we do not guarantee uninterrupted operation.

2. Eligibility and account

You must be at least 18 years old and authorized to bind the business on whose behalf you subscribe. You are responsible for the accuracy of the information you provide and for maintaining the confidentiality of account credentials.

3. Subscription and payment

• Billing cycle: Plans are billed monthly in advance. Recurring charges continue until you cancel.
• Pricing: Current pricing is displayed on upnewlevel.com. We may change prices for future billing periods with at least 30 days' notice.
• Taxes: Prices exclude applicable sales taxes, which will be added where required by law.
• Payment processor: Payments are processed by Stripe, Inc. We do not store card details.
• Failed payment: If a payment fails, we will attempt to charge the card again. If payment remains unresolved after 14 days, the Service may be suspended.

4. Cancellation

You may cancel at any time from your account dashboard or by emailing hello@upnewlevel.com. Cancellation takes effect at the end of the current billing period. Access continues until that date; no partial-period refunds are issued except as described in our Refund Policy.

5. Acceptable use

Customer shall not:

• Use the Service for illegal, fraudulent, harassing, or deceptive purposes;
• Impersonate another business or person;
• Transmit content that infringes third-party rights, including intellectual property and privacy;
• Use the Service for political telemarketing, debt collection, or any activity prohibited by the Telephone Consumer Protection Act (TCPA) or similar laws;
• Attempt to reverse engineer, probe, or degrade the Service.

We may suspend or terminate Service for any violation of this section.

6. Recording and call data

The Service may record, transcribe, and store call audio and text for quality, training, billing, and troubleshooting purposes. Customer is responsible for disclosing call recording to callers as required by applicable law (one-party or two-party consent depending on state). UpNewLevel will configure the AI agent to announce recording at the start of calls upon request.

7. Customer data ownership

Customer retains all rights to business information, call recordings, transcripts, and caller contact data collected through the Service ("Customer Data"). We process Customer Data only to operate and improve the Service, as detailed in our Privacy Policy.

8. Service warranty and disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. AI-GENERATED RESPONSES MAY OCCASIONALLY BE INACCURATE. CUSTOMER IS RESPONSIBLE FOR REVIEWING APPOINTMENTS, TRANSCRIPTS, AND MESSAGES BEFORE RELYING ON THEM.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DERBENT LLC'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT CUSTOMER PAID US IN THE THREE MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST REVENUE OR LOST CUSTOMERS.

10. Termination by us

We may terminate Service with 30 days' notice, or immediately for cause including non-payment, violation of these Terms, or fraud. Upon termination we will export Customer's call history on request within 30 days.

11. Modifications

We may update these Terms from time to time. Material changes take effect 30 days after notice is posted at upnewlevel.com/terms or emailed to you. Continued use after that date constitutes acceptance.

12. Governing law

These Terms are governed by the laws of the State of New Jersey, USA, without regard to conflict-of-laws rules. Any dispute shall be resolved exclusively in the state or federal courts located in Hudson County, New Jersey.

13. Contact