These Terms of Service ("Terms") govern your access to and use of Presently™, an AI-assisted voice intake service provided by Ellite International Inc. ("Company," "we," "us," or "our"), a New York corporation. By creating an account or using Presently, you ("Attorney" or "Subscriber") agree to be bound by these Terms.
If you are entering into these Terms on behalf of a law firm or other legal entity, you represent that you have the authority to bind that entity. These Terms apply to the B2B subscription service only. They do not create any contractual relationship between Ellite International Inc. and the callers who contact attorneys through the Presently system.
Presently provides a 24/7 AI voice intake system that answers inbound calls to your designated phone number, qualifies prospective clients, collects intake information, and delivers call transcripts and summaries to you via email.
The Service includes:
We reserve the right to modify, suspend, or discontinue any feature of the Service with reasonable notice. Material changes to core functionality will be communicated at least 30 days in advance.
Presently is offered on an annual subscription basis. Fees are charged upfront for the full subscription year plus a one-time setup fee at the time of signup. All fees are in US dollars and are non-refundable except as expressly stated herein.
Subscriptions renew automatically at the then-current rate unless cancelled at least 30 days before the renewal date. Payment is processed by Stripe. You authorize us to charge your payment method on file for all applicable fees.
Additional charges from Twilio for voice minutes and SMS delivery are passed through at cost and billed separately where applicable.
Important: By subscribing to Presently, you acknowledge that all calls handled through the Service are recorded and transcribed by an AI system. You are solely responsible for ensuring your use of Presently complies with all applicable federal, state, and local laws regarding call recording, AI disclosure, and client communications in the jurisdictions where you practice.
Presently's AI assistant identifies itself as an AI at the start of every call. This disclosure is designed to satisfy applicable requirements in New York, New Jersey, and Connecticut. If you practice in jurisdictions with stricter requirements, you are responsible for ensuring compliance.
You agree that your use of Presently does not violate any applicable bar rules, professional responsibility obligations, or client confidentiality requirements. Presently is not a law firm and does not provide legal advice. Nothing in the Service constitutes the practice of law.
You own your client data. Call transcripts, lead information, and client contact details collected through your Presently number belong to you. We act as a data processor on your behalf with respect to your clients' information.
By using Presently, you grant Ellite International Inc. a limited license to process call data for the purpose of delivering the Service, including AI processing by Anthropic's Claude API.
Corpus and AI training: Anonymized, de-identified call transcripts may be used to improve our AI systems and to develop future products including the Eterna Legacy corpus. No personally identifiable information is used for training purposes. You may opt out of corpus inclusion by contacting demo@presently.legal. Opting out does not affect your access to the Service.
Ellite International Inc. retains all rights to the Presently platform, AI systems, corpus data, and derived insights. These rights are non-negotiable and are not transferred by any subscription or partnership agreement.
You agree not to use Presently to:
We reserve the right to suspend or terminate accounts that violate these Terms, with or without notice, at our sole discretion.
We target 99.5% uptime for the voice intake system. Scheduled maintenance windows will be communicated in advance. Downtime caused by third-party infrastructure providers (including Twilio, Anthropic, and Netlify) is outside our direct control. In the event of extended outages exceeding 48 consecutive hours, you may request a pro-rated service credit.
To the maximum extent permitted by law, Ellite International Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of Presently, including but not limited to lost revenue, lost clients, or missed calls due to system downtime.
Our total liability to you for any claim arising under these Terms shall not exceed the fees paid by you in the 12 months preceding the claim.
Either party may terminate the subscription at the end of the current subscription year with 30 days written notice. Early termination by the subscriber does not entitle you to a refund of prepaid annual fees. Upon termination, your access to the Service will cease and your data will be retained for 12 months before deletion, unless you request earlier deletion.
We may terminate your account immediately for material breach of these Terms, non-payment, or conduct that poses legal or reputational risk to Ellite International Inc.
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in New York County, New York, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in court to protect intellectual property rights.
Presently™, Eterna Legacy™, Presence Insurance™, and all associated technology, trademarks, and systems are the exclusive property of Ellite International Inc. Nothing in these Terms grants you any ownership interest in our platform, AI systems, or corpus data. Presently™ is a registered trademark (USPTO Serial 99737157). Presence Insurance™ is a registered trademark (USPTO Serial 99616556).
By providing your phone number during account setup, you consent to receive SMS messages from Presently containing call transcripts, lead summaries, and service notifications. Message and data rates may apply. Message frequency varies based on call volume.
We may update these Terms from time to time. Material changes will be communicated to subscribers via email at least 14 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
Ellite International Inc. · Presently™
New York, NY
demo@presently.legal
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