Terms of Service

Nevermiss AI LLC, a Florida limited liability company (“Nevermiss,” “we,” or “us”), provides an AI receptionist that answers inbound phone calls for your business, finds out what each caller needs, captures their details, and sends you call summaries. By creating an account or using the service, you agree to these terms. The service is provided to help you capture work; it is a tool, not a guarantee of any particular outcome.

You confirm that you are authorized to create the account and accept these terms on behalf of your business. Your business information and your callers’ information are yours, and we don’t claim ownership of them. You grant us the limited permission needed to process that information and answer calls on your behalf so we can provide the service, and you’re responsible for keeping your account credentials secure.

You agree to use Nevermiss only for lawful business purposes and to comply with applicable laws, including those covering call recording and consumer communications in your area. You are responsible for the accuracy of the business information you provide and for obtaining any consents your customers require. You may not use the service to harass, defraud, or mislead callers.

Nevermiss answers your calls with an automated AI assistant. The service processes live call audio and speech so it can understand and act on each call. By default, Retell stores a privacy-scrubbed transcript and recording. In Settings, you can instead choose “No recordings or transcripts” for new calls; Nevermiss then instructs Retell per inbound call not to store a transcript or recording, and Nevermiss does not retain those fields. Limited timing and lead details may still be stored to operate alerts and follow-up. Laws on call recording, monitoring, and AI disclosure vary by state and by where your caller is located, and some require every party to be notified or to consent before a call is recorded or handled by AI.

You are solely responsible for determining what notice or consent the law requires for your calls and for providing it to your callers, for example an announcement that the call may be recorded or transcribed and is handled by an automated assistant. You represent that you will comply with all applicable wiretap, call-recording, eavesdropping, telemarketing, and AI-disclosure laws. Selecting basic call attributes does not remove your responsibility to provide any notice or obtain any consent required for the live AI handling, monitoring, or other processing of the call.

Call data is retained for 90 days by default. You can choose 7, 30, 90, or 365 days in Settings, and you can queue deletion of an individual call from Calls. Deletion is processed in the background and may take time while Nevermiss confirms provider deletion. Once confirmed, call content and contact metadata are erased, but a minimal rounded-minute usage entry (without the provider call ID, phone numbers, transcript, recording, or contact details) remains linked to your account for current-period metering and is removed when the full account is anonymized. Limited non-content, legal, security, fraud, or billing records may also be retained where reasonably necessary or required.

You can schedule deletion of your account from Settings. A 24-hour cooling-off period applies before irreversible work begins. Account deletion may remain pending while Nevermiss safely reconciles billing, call-data deletion, forwarding removal, phone-number release, and connected-calendar cleanup. The deletion screen describes the limited records retained for legal, billing, consent, security, and lifecycle purposes.

Nevermiss offers optional SMS text alerts to account owners and, if you add them, to teammates who opt in. By entering a mobile number in your settings and enabling text alerts, you consent to receive recurring automated text messages from Nevermiss about your account, such as new-lead notifications and call summaries. Consent to receive these texts is not a condition of purchasing any goods or services.

Message frequency varies based on your call volume, and message and data rates may apply. Reply STOP at any time to stop receiving texts, or HELP for help; you can also email support@nevermiss.com. Carriers are not liable for delayed or undelivered messages, and we do not guarantee delivery on any particular carrier. We do not sell or share your mobile number with third parties for their own marketing; see our Privacy Policy for details.

Plans include a 7-day free trial. After the trial ends, paid plans renew automatically each month until you cancel. Your plan includes a monthly allotment of billable minutes, and we measure usage against that allotment. Each call is rounded up to the next whole minute. Under the current usage policy, Ava keeps answering after the included minutes and there is no automatic overage charge, plan upgrade, or service suspension. We send usage notices at 80% and 100% when account contact delivery is available. If your sustained usage exceeds the included minutes, we may offer a different plan, but we will get your agreement before any additional charge or plan change. You can cancel at any time, and cancellation stops future charges; fees already billed are generally non-refundable except where required by law. Current pricing and billing terms are shown when you sign up and in your billing settings.

The service is provided “as is” without warranties of any kind. AI systems can make mistakes, and calls may occasionally be misunderstood, dropped, or mishandled. We do not warrant that the service will be uninterrupted or error-free, and to the extent permitted by law we are not liable for missed calls, lost business, or other indirect or consequential damages.

To the maximum extent permitted by law, our total liability for any claim arising out of or relating to the service is limited to the amount you paid us for the service in the twelve months before the claim. We are not liable for indirect, incidental, special, or consequential damages, or for lost profits, lost business, or lost data.

You agree to defend, indemnify, and hold Nevermiss harmless from any claims, damages, losses, and costs (including reasonable legal fees) arising out of your use of the service, the business information and instructions you provide, or your failure to give your callers any notice or obtain any consent required by law, including for call recording, transcription, monitoring, AI disclosure, or text messaging.

These terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws rules. You agree that the state and federal courts located in Duval County, Florida have exclusive jurisdiction and venue over any dispute arising out of or relating to these terms or the service that is not otherwise resolved.

Most issues can be resolved by emailing us first, and we ask that you try. If we can’t resolve a dispute between you and Nevermiss informally, you and Nevermiss agree to resolve it through binding individual arbitration administered by the American Arbitration Association under its applicable rules, rather than in court. Either party may still bring a qualifying claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or stop unauthorized use of the service.

Disputes are handled only on an individual basis. You and Nevermiss each waive any right to bring or take part in a class, collective, or representative action. You may opt out of this arbitration agreement within 30 days of first accepting these terms by emailing support@nevermiss.com with your account name and the words “arbitration opt-out.” Opting out won’t affect the rest of these terms.

You can stop using Nevermiss and cancel at any time. We may suspend or end the service for an account that violates these terms or uses the service unlawfully. Provisions that by their nature should survive termination, including amounts owed, disclaimers, limitation of liability, and indemnification, will survive.

We may update these terms or the service over time. If we make material changes, we will take reasonable steps to let you know. Continuing to use Nevermiss after changes take effect means you accept the updated terms.

Questions about these terms? Email support@nevermiss.com.

Nevermiss AI LLC
1200 Riverplace Blvd, Suite 105 #1544
Jacksonville, FL 32207