Terms of Service

Last updated: March 17, 2026

Welcome to MyPhoneGenie. These Terms of Service ("Terms") govern your use of the MyPhoneGenie platform, including our AI-powered phone answering, chat, and SMS services (collectively, the "Service"). By signing up or using the Service, you agree to these Terms.

MyPhoneGenie is operated by Medtivio ("Company," "we," "us," or "our").

1. Service Description

MyPhoneGenie provides AI-powered answering services for businesses, including:

• AI Chat Agent — An intelligent chat widget you embed on your website that answers customer questions 24/7 using a knowledge base built from your business information.
• AI Phone Agent — An AI receptionist that answers phone calls to your dedicated business number, handles common inquiries, and captures caller information.
• AI SMS Agent — Automated text message handling with workflow-aware responses.

All AI responses are generated in real time using your custom knowledge base. You are responsible for the accuracy and completeness of the business information you provide.

2. Subscription and Billing

Plans and Pricing

We offer monthly subscription plans at various tiers (ChatGenie, ChatGenie Pro, PhoneGenie, PhoneGenie Enterprise). Current pricing is listed on our website. Prices may change with 30 days' notice.

Billing Cycle

Subscriptions are billed monthly on the anniversary of your signup date. Payment is processed automatically via Stripe. You authorize recurring charges to your payment method on file.

Voice Minutes

Plans that include phone answering come with an allotment of voice minutes per billing cycle (e.g., 100 minutes for PhoneGenie, 500 minutes for Enterprise). Minutes are measured from when the AI agent picks up the call to when the call ends.

• Overage: Minutes used beyond your included allotment are charged at the overage rate for your plan ($0.12/minute for PhoneGenie, $0.09/minute for Enterprise).
• Unused minutes do not roll over to the next billing cycle.

Cancellation

You may cancel your subscription at any time from your dashboard or by contacting us. Upon cancellation:

• Your service continues through the end of the current billing period.
• No refunds are issued for partial months.
• Your knowledge base and settings are retained for 90 days in case you resubscribe.

3. Acceptable Use

You agree to use MyPhoneGenie only for lawful business purposes. You may not use the Service to:

• Conduct illegal activities or promote illegal services
• Harass, threaten, or abuse any person
• Generate spam, unsolicited communications, or robocalls
• Distribute adult, obscene, or harmful content
• Impersonate another business, person, or entity
• Scrape or build knowledge bases from websites you do not own or have permission to represent
• Attempt to circumvent usage limits, security measures, or content filters

We reserve the right to suspend or terminate accounts that violate this policy, with or without notice.

4. Call Recording and Monitoring

By using our phone answering service, you acknowledge that:

• Inbound calls are processed in real time by AI systems.
• Call audio is transmitted through Twilio (our telephony provider) and Google Gemini (our AI provider) for processing.
• Transcripts of calls may be stored for your review in your dashboard.
• You are responsible for complying with call recording laws in your jurisdiction, including providing appropriate disclosures to your callers (e.g., "this call may be recorded").

5. Data Handling and Third-Party Services

To deliver the Service, we process your data through the following third-party providers:

• Twilio — Phone calls, SMS messaging, and telephony infrastructure
• Google Gemini — AI language model powering voice and chat responses
• OpenAI — Text-to-speech for web chat voice responses
• Stripe — Payment processing and subscription management

Each provider operates under their own terms of service and privacy policies. We select providers with strong security practices, but we are not responsible for their independent actions.

For full details on data handling, see our Privacy Policy.

6. AI Disclaimer

You understand and agree that:

• The AI agent generates responses based on the knowledge base you provide. If your information is incomplete or outdated, responses may be incorrect.
• AI is not infallible. It may misunderstand questions, provide incomplete answers, or occasionally generate inaccurate information.
• You are responsible for reviewing AI interactions and correcting any issues in your knowledge base.
• The Service does not replace human judgment, professional expertise, or regulatory compliance obligations.

7. Medical and Healthcare Clients

If you are a healthcare provider or medical practice:

• The AI agent does not provide medical advice, diagnoses, or treatment recommendations.
• Do not configure your knowledge base to include protected health information (PHI) unless a BAA is in place.
• The Service is designed for general office inquiries (hours, locations, insurance accepted, appointment scheduling) — not clinical consultations.
• You remain responsible for all compliance obligations under HIPAA, state medical board regulations, and other applicable healthcare laws.

8. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available" without warranties of any kind, express or implied.
• We do not guarantee uninterrupted service, error-free AI responses, or any specific business outcome.
• Medtivio's total liability for any claims arising from or related to the Service shall not exceed the amount you paid for the Service in the three (3) months preceding the claim.
• We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost customers, or business interruption.
• We are not responsible for actions taken by callers, chat visitors, or other third parties based on AI-generated responses.

9. Indemnification

You agree to indemnify and hold harmless Medtivio and its officers, employees, and agents from any claims, damages, or expenses arising from:

• Your use of the Service
• Content in your knowledge base
• Your violation of these Terms
• Your violation of any applicable law or regulation

10. Intellectual Property

Your content: You retain ownership of all business information, knowledge base content, and other materials you provide. You grant us a limited license to use this content solely to deliver the Service.

Our platform: MyPhoneGenie, its code, design, AI models, and underlying technology are the property of Medtivio. Your subscription grants you a limited, non-exclusive, non-transferable right to use the platform.

11. Termination

Either party may terminate this agreement:

• You may cancel your subscription at any time. Service continues through the end of the billing period.
• We may terminate your account with 30 days' notice for any reason, or immediately if you violate these Terms or the Acceptable Use policy.

Upon termination, you may request an export of your knowledge base and call data within 30 days. After 30 days, we may delete your data.

12. Service Availability

We strive for high availability but do not guarantee a specific uptime percentage. The Service may be temporarily unavailable due to:

• Planned maintenance (we will attempt to provide advance notice)
• Third-party outages (Twilio, Google, Azure)
• Force majeure events

13. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or a notice in your dashboard at least 30 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance.

14. Governing Law

These Terms are governed by the laws of the State of Nevada, United States, without regard to conflict-of-law principles. Any disputes shall be resolved in the courts of Clark County, Nevada.

15. Contact

For questions about these Terms, contact us at:

Medtivio
Email: info@medtivio.com
Website: myphonegenie.com