Terms of Service

1. Agreement & how you accept

These Terms of Service (“Terms”) govern your use of the services provided by FirstCue, LLC (“FirstCue,” “we,” “us”). By checking the box “I have read and agree,” you accept these Terms, our Privacy Policy, and our Data Processing Agreement — no signature is required. If you’re agreeing on behalf of a business, you represent that you’re authorized to do so. FirstCue records your acceptance, including identity, date and time, IP address, and the versions of the documents you accepted. Enterprise clients who require a separately signed agreement do so through the Master Services Agreement, which incorporates these documents by reference.

2. The service

FirstCue is a 24/7 AI phone dispatcher for inbound calls. It answers your forwarded calls, runs an intake, books or routes jobs, and notifies the recipients you choose. FirstCue handles inbound calls only and does not place outbound marketing calls on your behalf. We may improve or modify the service over time.

3. Call recording & consent

Calls handled by FirstCue are recorded, and every call begins with a recorded disclosure greeting that discloses recording before any intake and gives the caller the opportunity to decline by hanging up. FirstCue controls and maintains this greeting so that consent is captured on every call. You authorize FirstCue to record, transcribe, and store calls on your behalf.

Recording-consent laws vary by state (some require all-party consent). You also represent that you are permitted to forward your calls to FirstCue and, where your own use or forwarding introduces additional recording, that you have obtained any consent required. You agree to indemnify FirstCue for third-party claims arising from your use or forwarding (see Section 10), but this indemnity supplements — and does not replace — FirstCue’s own consent-capture obligation above.

4. Your responsibilities

• Set up and maintain call forwarding from your business line.
• Keep your notification recipients and contact details accurate.
• Use FirstCue lawfully and only for legitimate business purposes.
• Keep your account credentials secure.
• For SMS recipients, comply with Section 7 (SMS alerts).

5. Free trial, billing & auto-renewal

• Material terms disclosed up front. Before we collect your payment method, we clearly and conspicuously disclose: the length of the free trial, the date it converts, the recurring price, the billing frequency, and how to cancel.
• 14-day free trial. New plans start with a 14-day free trial; a payment method is collected up front but not charged during the trial.
• Express informed consent. By starting the trial you affirmatively consent to FirstCue charging your payment method at the listed monthly rate when the trial ends, unless you cancel first.
• Automatic conversion. Unless you cancel before the trial ends, your plan automatically begins at the end of the 14 days at the listed monthly rate. Plans bill monthly in advance until canceled.
• Pre-charge reminder. We will send a reminder before the trial converts and before each renewal, with the amount and the date.
• Simple cancellation. You may cancel anytime from your dashboard in a few clicks — no phone call or email required. See Section 6.
• Plan changes. You may switch plans anytime; changes take effect at your next billing date.

6. Cancellation

Plans are month-to-month with no long-term contract. You may cancel anytime from your dashboard; cancellation takes effect at the end of your current billing period, and you keep access through the period you’ve already paid for.

7. SMS alerts (job alerts & fallback)

FirstCue can send operational, non-marketing SMS (job alerts and fallback notifications) to the staff numbers you designate.

• Opt-in. Each recipient must affirmatively opt in; we keep a record of consent. Consent to receive these texts is not a condition of purchasing the service.
• What to expect. Message frequency varies. Message and data rates may apply. Reply HELP for help and STOP to opt out; you may also opt out by any reasonable method, and we will honor it within a reasonable time not to exceed ten (10) business days.
• Your authority (customer representation & indemnity). Because these texts go to your own staff, you represent and warrant that you have the authority and consent to enroll each number, and you agree to indemnify FirstCue for claims arising from numbers you enrolled without proper consent.
• We do not send marketing/telemarketing texts through this service.

8. Failed payments

If a payment fails, we may retry it and notify you. If it cannot be recovered after our retry process, your service may be paused or your subscription canceled.

9. Refunds

Your first 14 days are free — we save your payment method up front but do not charge it during the trial, so if you cancel before it ends you are never billed. After the trial, monthly payments are non-refundable and we do not prorate partial periods. Canceling stops future charges; it does not refund the current period.

10. Disclaimer, “not an emergency service,” & limitation of liability

Service “as is.” FirstCue is provided “as is” and “as available.” We do not guarantee that any call will be answered, transferred, booked, or acted upon, or that the service will be uninterrupted or error-free.

No emergency reliance / assumption of risk. You acknowledge and agree that FirstCue is not an emergency service and must not be relied upon for emergencies, and that callers should call 911 for any life-safety situation. You assume the risk of relying on FirstCue for time-sensitive or emergency matters.

Limitation. To the maximum extent permitted by law, FirstCue is not liable for missed calls, lost business, lost profits, or any indirect, incidental, or consequential damages arising from your use of the service. Our total aggregate liability is limited to the amount you paid us in the three (3) months before the claim.

Carve-out (severability). Nothing in this Section limits liability that cannot be limited under applicable law — including liability for personal injury or death, gross negligence, recklessness, or willful misconduct. If any part of this Section is unenforceable, the rest remains in effect.

Your indemnity. You agree to defend and indemnify FirstCue against third-party claims (including claims brought by your callers) arising from your use of, forwarding to, or reliance on the service, except to the extent caused by FirstCue’s own gross negligence or willful misconduct.

11. Termination

You may stop using FirstCue at any time. We may suspend or terminate accounts that violate these Terms or that create legal or security risk.

12. Changes to these Terms

We may update these Terms. If we make material changes, we’ll notify you (for example, by email or in the dashboard) and, where appropriate, ask you to re-accept.

13. Contact

Questions about these Terms? Email support@firstcue.ai. FirstCue, LLC.

Privacy Policy

1. Who this covers

This policy explains how FirstCue, LLC (“FirstCue,” “we”) handles information for our business customers (the contractors who use FirstCue) and for the callers who reach those businesses through FirstCue.

2. Information we collect

• Account data (from our customers): business name, contact name, email, phone, billing details, and notification recipients.
• Call data (from inbound callers): call recordings and transcripts, phone number, and intake details the caller provides — which may include name, service address, the nature of the problem, and insurance information.
• Usage data: dashboard activity and basic technical logs needed to run and secure the service.

3. How we use information

We use information only for these purposes:

• To answer calls, run intake, book or route jobs, and notify the people you choose.
• To provide your dashboard, recordings, and reports.
• To process billing, provide support, and keep the service secure.
• For internal service improvement limited to operating and improving FirstCue for you — we do not use your call data or your callers’ personal information to build or improve services for other clients, and we do not use it outside our direct business relationship with you.

4. Our role & the CCPA (service provider)

Call recordings, transcripts, and intake details belong to our customer (the business). FirstCue acts as a service provider / processor handling that data on the customer’s behalf. Under the CCPA, this status is backed by a written contract — our Data Processing Agreement (DPA) — which every customer accepts at signup together with the Terms of Service and this Privacy Policy by checking the box “I have read and agree” (no signature required), and which:

• prohibits FirstCue from selling or sharing personal information;
• limits FirstCue to the specific business purposes above and bars use outside the direct business relationship;
• requires FirstCue to provide the same level of privacy protection the CCPA requires of businesses;
• grants the customer the right to monitor and audit FirstCue’s compliance; and
• requires FirstCue to assist with verifiable consumer requests (including access, correction, and deletion).

5. We don’t sell or share your data

We do not sell your data or your callers’ data, and we do not share it with third parties for their own marketing or for cross-context behavioral advertising.

6. Service providers (subprocessors)

We rely on trusted providers to operate FirstCue and share only what’s needed for each to perform its function. Each subprocessor is bound by contract to the same data-protection and use-limitation obligations that apply to FirstCue (flow-down). Categories:

• Telephony & voice — to receive calls and run the AI dispatcher.
• Payments (e.g., Stripe) — to process subscriptions; we don’t store full card or bank numbers ourselves.
• Email & cloud infrastructure — to send notifications and host data securely.

7. Data retention

We keep personal information only as long as reasonably necessary for the purposes for which it was collected, to comply with our legal obligations, resolve disputes, enforce our agreements, or as otherwise permitted by law. Specifically:

• Account information: for the life of your account and up to 90 days after it is closed, to allow for account recovery, support, and business recordkeeping.
• Call recordings and transcripts: for up to 12 months (or a shorter/longer period you configure) to provide the Services, improve quality, investigate issues, and comply with legal obligations. After that, they are deleted or de-identified.
• Usage data (including dashboard activity and technical logs): for up to 12 months to maintain, secure, and improve the Services. After that, it is deleted or aggregated/de-identified.
• Billing and payment records: for as long as required by applicable law and legitimate business or tax purposes.

In all cases, we retain personal information no longer than reasonably necessary for the purposes for which it was collected or as otherwise required or permitted by law. You may request earlier export or deletion (see Section 9), subject to legal retention obligations.

8. Security

We use reasonable administrative and technical safeguards to protect data, including encrypted connections and access controls. No system is perfectly secure, but we work to protect your information.

9. Your choices & rights (how to submit a request)

• How to submit. Email support@firstcue.ai (or use the request form in your dashboard) to access, correct, export, or delete your data. We verify your identity before acting on a request and respond within the time required by applicable law.
• On behalf of callers. Because caller data belongs to our business customers, we route or assist with caller (consumer) requests through the relevant customer as required by the DPA.
• Manage notifications. Manage your notification recipients and channels in your dashboard.
• State rights. Depending on where you live, you may have additional rights under laws such as the CCPA (including the rights to know, delete, correct, and opt out of sale/sharing — noting we do not sell or share).

10. Changes

We may update this policy and will update the “Last updated” date; for material changes we’ll provide notice.

11. Contact

Questions or requests about privacy? Email support@firstcue.ai. FirstCue, LLC.

Data Processing Agreement (DPA)

This Data Processing Agreement (“DPA”) supplements the agreement between FirstCue, LLC (“Service Provider”) and the business customer (“Business”) and governs FirstCue’s processing of Personal Information on the Business’s behalf. By checking the box “I have read and agree,” the Business accepts this DPA together with the Terms of Service and Privacy Policy — no separate signature is required. Enterprise clients who require a separately signed agreement do so through the Master Services Agreement, which incorporates this DPA by reference.

1. Definitions

“Personal Information,” “Business,” “Service Provider,” “sell,” “share,” “processing,” and “verifiable consumer request” have the meanings in the California Consumer Privacy Act (CCPA) and its regulations, including CCPA regulation §7051. “Services” means FirstCue’s AI inbound-call dispatch service.

2. Roles

The Business is the business/controller. FirstCue is a service provider/processor that processes Personal Information (including call recordings, transcripts, and caller intake data) solely to provide the Services to the Business.

3. FirstCue’s obligations (CCPA §7051)

FirstCue will:

1. Not sell or share the Personal Information.
2. Process only for the specified business purposes — answering, recording, transcribing, intake, routing, notifications, support, security, billing, and operating/improving the Services for the Business — and for no other purpose.
3. Not use the Personal Information for any purpose other than those specified, and not retain, use, or disclose it outside the direct business relationship with the Business.
4. Not combine the Personal Information with data from other sources except as permitted by the CCPA to perform the Services.
5. Provide the same level of privacy protection the CCPA requires of businesses.
6. Notify the Business promptly if it determines it can no longer meet these obligations.
7. On the Business’s instruction, stop and remediate unauthorized use.
8. Comply with all applicable CCPA obligations (§7051(a)(5)). FirstCue will comply with all applicable requirements of the CCPA and its implementing regulations, and will cooperate as needed to enable the Business’s own CCPA compliance — this undertaking is in addition to the same-level-of-protection commitment in (e).

4. Audit & monitoring rights

The Business may take reasonable and appropriate steps to monitor FirstCue’s compliance — including manual reviews, automated scans, or requesting FirstCue’s assessments/attestations — on reasonable notice and no more than once per year absent cause.

5. Assisting with consumer requests

FirstCue will assist the Business in responding to verifiable consumer requests, including to know/access, delete, and correct — by, at the Business’s direction, providing, deleting, or correcting the relevant consumer’s Personal Information in FirstCue’s systems within the time the CCPA allows.

6. Subprocessors (flow-down)

FirstCue may use subprocessors to provide the Services but will bind each subprocessor by written contract to data-protection and use-limitation obligations at least as protective as those in this DPA. FirstCue remains responsible for its subprocessors’ performance. Current subprocessor categories: telephony/voice, payments, email, and cloud infrastructure.

7. Security

FirstCue will maintain reasonable administrative, technical, and physical safeguards appropriate to the Personal Information, including encryption in transit and access controls, and will notify the Business without undue delay after becoming aware of a security incident affecting the Personal Information.

8. Return or deletion

On termination or the Business’s request, FirstCue will delete or return the Personal Information it processes for the Business, except copies required to be retained by law, which remain subject to this DPA.

9. Term & precedence

This DPA runs for the term of the underlying agreement. If it conflicts with other terms on the subject of data protection, this DPA controls.

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