Contract
Effective: • Last updated:
These Terms of Service (“Terms”) govern your access to and use of the Covex website, products, and services (“Services”). By using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company.
Covex provides AI phone receptionist and scheduling capabilities, including call answering, intake, routing, appointment booking, confirmations, and related analytics and integrations.
The Services are not a substitute for 911 or other emergency or time-critical services. Do not use the Services to request emergency assistance.
You acknowledge and agree that certain calls may be recorded and/or transcribed for quality, training, and operational purposes. You represent and warrant that you have obtained all legally required consents from your personnel and callers to record and/or transcribe calls, including in all-party consent jurisdictions.
Fair Use. Plans may include pooled or “unlimited” features subject to reasonable fair-use thresholds intended to prevent abuse (e.g., excessive concurrency or automated blasting).
Suspension. We may throttle, suspend, or restrict some or all functionality (including messaging and call routing) for late payment, excessive bounce/complaint rates, suspected abuse, or legal/operational risk. Suspension does not relieve payment obligations.
You will only send SMS/MMS using the Services to recipients who have provided valid consent under applicable law and carrier policies (including the U.S. TCPA and CTIA guidelines). You must maintain proof of consent and comply with content and throughput rules applicable to your registered use case (e.g., A2P 10DLC or Toll-Free verification). Marketing or promotional content requires prior express written consent; transactional/operational content requires appropriate consent for the context (for example, voice-captured consent during a support or booking call). You will not send marketing or promotional content on a campaign designated as transactional.
When a caller verbally agrees during a Covex-handled call to receive text messages, you authorize Covex to send transactional SMS to that number on your behalf. Covex will log the consent event (timestamp, number, and context) and the initial message will include: “Msg & data rates may apply. Reply STOP to opt out. Reply HELP for help.”
Covex implements carrier-standard keywords. “STOP”, “END”, “QUIT”, “CANCEL”, or “UNSUBSCRIBE” will opt the recipient out of further messages for that sender. “HELP” returns support information. You must promptly honor opt-out requests and ensure your internal systems reflect opt-out status. You will not override or bypass these controls.
Where registration/verification is required (including A2P 10DLC Brand/Campaign or Toll-Free verification), you will provide accurate information and use only the approved content, sender IDs, and message flows. Carriers and Covex may filter, throttle, or block traffic that violates applicable laws, carrier policies, or these Terms.
You will not transmit content that violates carrier/CTIA policies or law, including illegal substances, hate/harassment, adult sexual content, firearms, misleading claims, SHAFT content (sex, hate, alcohol, firearms, tobacco) where prohibited, phishing, spoofing, snowshoe/spam patterns, or deceptive caller ID. We and our carriers may filter or block traffic that violates these rules.
All outbound SMS/MMS must include or link to disclosures stating: (i) “Msg & data rates may apply,” (ii) how to opt out (“Reply STOP to opt out. HELP for help.”), (iii) message frequency (e.g., “Message frequency varies”), and (iv) a link to our Privacy Policy. Covex will honor STOP/HELP keywords automatically; you must honor opt-outs across your own systems.
You must maintain auditable records of consent (source, timestamp, number, and context). For voice-captured consent handled by Covex, we will log the consent event and store the log for your retrieval during the retention period. Unless a longer period is required by law or your policy, Covex will retain voice-captured consent logs for at least 24 months from the last message sent, after which logs may be deleted or archived. You are responsible for retaining consent records required by your industry or jurisdiction.
Mobile carriers and intermediary providers may block, filter, throttle, or delay traffic. Message delivery and timing are not guaranteed. Covex and carriers may take reasonable steps (including filtering or suspension) to protect networks and end users.
Message frequency varies by conversation and workflow. For help, text HELP or email support@covex.app. Msg & data rates may apply.
During the Subscription Term and for 30 days after termination, you may export your Customer Content (including call logs, transcripts, and messaging logs) via available self-service tools or upon reasonable written request. After this period, we may delete or anonymize Customer Content from active systems, subject to legal retention.
Our Privacy Policy explains how we collect and handle personal information and is incorporated into these Terms. Where required, we will enter into appropriate data protection terms with customers acting as controllers. For mobile messaging disclosures, see our SMS Terms.
We use vetted subprocessors (e.g., cloud hosting, telephony carriers) to deliver the Services and remain responsible for their performance. Where personal data is transferred internationally, we will implement appropriate safeguards (e.g., standard contractual clauses). A current list of subprocessors is available upon request.
By default, the Services are not intended to process Protected Health Information (“PHI”). If you require HIPAA support, contact us. A Business Associate Agreement (“BAA”) may be available for eligible plans and configurations. Do not transmit PHI unless a BAA is in place.
We may modify or discontinue features. We may offer beta or preview features; such features are provided “as is” without warranties and may be withdrawn.
We strive for high availability but do not guarantee uninterrupted operation. Support levels may vary by plan.
Covex and its licensors own all rights, title, and interest in and to the Services, software, and branding, excluding customer content.
You grant Covex a perpetual, irrevocable, royalty-free license to use feedback or suggestions you provide to improve the Services, without restriction or obligation.
Integrations (e.g., telephony, calendars, analytics, payments) are provided by third parties. Covex is not responsible for third-party services and disclaims related liability.
Phone numbers provisioned by Covex (local or toll-free) are assigned to you for use during an active, good-standing subscription. Unless otherwise agreed in writing, numbers are not sold and may be reclaimed upon termination or non-payment. If you request a port-out and all amounts due are paid, we will reasonably cooperate with your designated carrier.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, COVEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Automation and AI features may make mistakes and should be configured with appropriate guardrails. You are responsible for reviewing outputs and for any decisions made based on such outputs.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COVEX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO COVEX FOR THE SERVICES IN THAT PERIOD.
You will indemnify and hold Covex harmless from claims arising out of your use of the Services, your content, or your violation of these Terms or applicable law.
These Terms are governed by the laws of the State of Delaware, excluding conflict-of-laws rules. The exclusive venue for disputes is the state or federal courts located in Delaware, and the parties consent to personal jurisdiction there.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by JAMS under its rules. Either party may bring an individual claim in small-claims court. No class actions. This section does not limit either party’s right to seek injunctive relief.
You will comply with all applicable export control and sanctions laws and will not use the Services in prohibited jurisdictions.
Legal notices to Covex must be sent to legal@covex.app. Routine communications may be sent to support@covex.app.
We may update these Terms. If changes are material, we will provide reasonable notice. Continued use after the effective date constitutes acceptance.
These Terms (and any Order or data protection terms referenced) form the entire agreement, superseding prior agreements. If any provision is unenforceable, the remainder remains in effect. You may not assign these Terms without our consent; Covex may assign in connection with a merger, acquisition, or sale of assets.