Terms of Service

MarionTek provides software that helps businesses respond to missed inbound calls using automated call handling, AI-assisted intake, and lead management tools. By activating or using the service, you agree to these terms.

You are solely responsible for ensuring that your use of the service complies with all applicable laws, regulations, carrier rules, and industry requirements in every jurisdiction where you operate. This includes, without limitation, telemarketing laws, automatic dialing restrictions, call recording and monitoring disclosure laws, consumer protection rules, and consent requirements applicable to your customers and callers.

MarionTek does not provide legal, regulatory, or compliance advice. You should consult qualified counsel regarding your specific obligations.

By using the service, you represent that you have the lawful right to route inbound calls to the service, that your customers have called you voluntarily, and that any outbound callbacks you enable comply with applicable rules.

This service is not designed, approved, or suitable for emergency response or dispatch purposes. It must not be used as a replacement for, or supplement to, emergency calling services. Do not route calls that may involve emergencies, safety risks, or crisis situations through this platform.

The service uses automated systems and AI to handle calls, capture intake details, and generate notes and summaries. AI outputs may be incomplete, inaccurate, delayed, or unsuitable for your specific situation. You are responsible for reviewing any AI-generated content before relying on it, and for ensuring your staff understands the limitations of automated intake.

The AI assistant will not claim to be human and will not invent services, prices, schedules, or guarantees on your behalf. It will indicate that a team member will follow up when questions fall outside its scope.

You may not use the service for: unsolicited or unlawful outbound calling; spam; robocalling in violation of applicable law; harassment, fraud, or deception of callers; impersonating any person or business other than your own; unlawful collection or use of caller data; or any activity that violates applicable law, carrier policies, or third-party platform rules.

MarionTek may suspend or terminate accounts that violate this policy, present legal or operational risk, or generate abuse patterns, without prior notice.

The service may experience interruptions due to maintenance, carrier outages, AI provider unavailability, infrastructure failures, or circumstances outside our control. MarionTek does not guarantee uninterrupted operation, delivery of any specific callback, successful AI processing, or any particular business outcome. You should maintain your own processes for managing missed customer calls.

Subscription fees are charged in advance on a monthly basis. Usage overage charges, if any, are billed as described in the billing terms. Payment is due on the billing date associated with your account. If a payment fails, MarionTek may suspend service after notice. Continued non-payment may result in termination. You remain responsible for all charges incurred prior to suspension or termination.

See the Billing Terms for details on renewal, cancellation, refunds, and usage limits.

The service relies on third-party infrastructure and service providers, including telephony, database, AI, payment, and hosting providers. Service delivery depends in part on these providers. MarionTek is not responsible for failures, delays, or data handling by third-party providers, subject to applicable law.

Your use of the service is subject to the Privacy Policy, which describes how MarionTek handles account, call, transcript, and lead data. Call audio is not retained by default; the service stores structured notes and summaries. Do not use the service if your jurisdiction or customer relationships require audio retention as a compliance matter.

You agree to indemnify and hold harmless MarionTek and its personnel from any third-party claims, losses, liabilities, and expenses (including reasonable legal fees) arising out of your use of the service, your customer communications, your failure to obtain required consents, or your violation of these terms or applicable law.

To the maximum extent permitted by law, MarionTek will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of revenue, profits, leads, customers, data, or business opportunity, even if advised of the possibility of such damages. This includes losses arising from missed or failed callbacks, AI processing errors, transcript inaccuracies, telephony failures, or service downtime.

MarionTek's total cumulative liability for any claim arising under or related to these terms will not exceed the total fees you paid for the service in the three calendar months immediately preceding the event giving rise to the claim.

MarionTek may suspend or terminate your access if your account is delinquent, if you violate these terms, if your usage creates legal or operational risk for MarionTek or other customers, or if your account is inactive for an extended period. Where practical, we will provide notice before suspension. Upon termination, your access to the service ends and your data will be handled per the Privacy Policy and Billing Terms.

MarionTek may update these terms from time to time. Material changes will be communicated by updating the effective version identifier and, where practical, by email. Continued use of the service after the effective date of an update constitutes acceptance of the revised terms.

These terms are governed by the laws of the State of Washington, without regard to its conflict-of-law principles. Any dispute not subject to arbitration under Section 15 will be brought exclusively in the state or federal courts located in King County, Washington, and each party consents to personal jurisdiction there.

Please read this section carefully. It affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these terms or the service — including questions about whether a dispute is subject to arbitration — will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in King County, Washington, or by video conference if both parties agree. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class action waiver: You agree that any arbitration or proceeding will be conducted solely on an individual basis. You waive any right to bring or participate in a class action, class arbitration, or representative proceeding. If this waiver is found unenforceable, the arbitration agreement in its entirety will be null and void as to that dispute, which will then proceed in court.

Nothing in this section prevents either party from seeking emergency injunctive or other equitable relief in court to protect intellectual property or confidential information pending arbitration.

You may opt out of this arbitration agreement by sending written notice to support@mariontek.com within 30 days of first accepting these terms. Your notice must include your name, account email, and a statement that you are opting out of arbitration.

Questions about these terms can be sent to support@mariontek.com.