How We Work Together.

What We Do

ClaraPicksUp sets up and manages Clara, an AI receptionist, for your business. We build her, train her on the information you give us, test her, connect her to the tools we agree on, and update her when you ask.

Your plan, its monthly price, any setup fee and any usage allowance are the ones on your order: the quote you accepted and paid for.

What Clara Is

Clara is an AI receptionist. She answers from the information you give us, and she tells callers she's an AI whenever they ask. Her greeting tells callers the call is recorded.

Like any AI, she can misunderstand a caller or get something wrong. Check how she handles your calls, especially at the start, and tell us about anything she should do differently.

Clara isn't an emergency service. She can't send help, and she doesn't replace 911 or an on-call person. If your callers may have emergencies, keep a way for them to reach a person, and tell us how you want urgent calls handled.

She doesn't give legal, medical, financial or tax advice, and she doesn't take payment card numbers, bank details or Social Security numbers.

Your Part

• Give us accurate information about your business, and tell us when it changes: your hours, services, prices, policies and who handles what.
• Set up call forwarding on your own phone line. Your number stays yours, and so do your phone service and its bill.
• Follow the laws that apply to your calls and texts, including call recording and consent laws, privacy laws, and telemarketing and texting laws such as the Telephone Consumer Protection Act.
• Give your callers any notices the law requires, and say in your own privacy policy that your calls may be answered by an AI receptionist, recorded and transcribed, and processed by service providers, including ElevenLabs and the AI model providers it uses.
• Only have Clara text people who have agreed to hear from you, and honor every request to stop.

Acceptable Use

You won't use Clara, or let anyone else use her, to:

• break any law, or help anyone else break one;
• mislead callers, including by claiming she's a person;
• harass, threaten or defraud anyone, or collect information under false pretenses;
• make telemarketing calls, or send calls or texts, without the consent the law requires;
• collect payment card numbers, bank details, Social Security numbers or other sensitive information, unless we've agreed to it in writing;
• infringe anyone's rights, including their privacy, publicity and intellectual property rights;
• copy, reverse engineer or resell Clara or the services she runs on, or use them to build a competing product or to train other AI models;
• get around any limit or security measure, or disrupt the services she runs on.

You'll also follow the rules of the services Clara runs on: ElevenLabs' Terms of Service, Prohibited Use Policy and ElevenAgents terms, and Twilio's Acceptable Use Policy and Messaging Policy. Where their rules are stricter than this agreement, theirs apply.

The Services Clara Runs On

Clara is built on services from other companies, including ElevenLabs (her voice and conversations), the AI model providers ElevenLabs uses, and Twilio (phone numbers and texts).

When Clara runs on our ElevenLabs account, you also agree that:

• ClaraPicksUp is not ElevenLabs' agent or partner, and isn't in a joint venture with ElevenLabs, and you won't present yourself as ElevenLabs' agent or partner;
• ElevenLabs is a third-party beneficiary of this agreement, and can enforce the parts of it that protect ElevenLabs;
• you grant ElevenLabs and its affiliates and subcontractors a non-exclusive right to process and use your data, including your calls, to provide and support their services.

When Clara's calls and texts run through our Twilio account, you're responsible for your use of them following Twilio's Acceptable Use Policy and Messaging Policy.

If Clara runs on your own ElevenLabs and Twilio accounts, your agreements with those companies apply between you and them, you pay them directly, and you give us the access we need to set her up and look after her. You can take that access away at any time, but we can't look after Clara without it.

These services can have outages or change what they offer. We'll do what we reasonably can when that happens, but they aren't under our control.

Fees and Billing

Your plan's monthly fee is charged in advance each month, from the day you sign up. A setup fee, if your order has one, is charged once, when you sign up.

If your plan has a usage allowance, usage over it is charged at the rate on your order, after the month it was used in.

Prices are in US dollars and don't include taxes, which are added where they apply.

We can change the price of your plan with at least 30 days' notice. The new price starts with your next month after that, and you can cancel before it does.

If a payment fails and isn't fixed within 7 days of us telling you, we may pause Clara until it is.

Cancelling

Your plan runs month to month. You can cancel at any time by letting us know, by replying to any email from us or with a note on your setup page.

Cancelling takes effect at the end of the month you've already paid for. We don't refund part months, and a setup fee isn't refunded once we've started setting Clara up.

We can end this agreement with 30 days' notice, or right away if you break the Acceptable Use rules, don't pay, or use Clara in a way that puts callers, us or our providers at risk.

When it ends, we switch Clara off, so turn off call forwarding to her number first. Phone numbers we bought for Clara stay with us. Your own business number is always yours.

Your Data

Your business information, your call recordings and transcripts, and what Clara learns about your callers belong to you. You let us use them to provide, support and improve Clara for you.

With your callers' information, we act on your behalf: we use it only to run Clara for you, and as the law requires.

We don't sell your data or your callers' data. We use service providers to run Clara, including ElevenLabs and its AI model providers, Twilio, and our hosting and database providers, and they get only what they need to provide their services.

When this agreement ends, you can ask us for a copy of your call data, and we'll delete what we hold within 90 days of your request, unless the law requires us to keep it.

Health Information

Clara isn't set up for protected health information under HIPAA yet. If you're a HIPAA covered entity or business associate, tell us before she goes live, and don't use her for calls that involve protected health information until we've both signed a business associate agreement.

Confidentiality

We each keep the other's non-public business information confidential, and use it only for this agreement.

Warranties

We'll provide Clara with reasonable care and skill. Beyond that, and as far as the law allows, Clara is provided as is: we don't promise she'll be free of errors or always available, or that she'll bring any particular business result.

Liability

Neither of us is liable to the other for lost profits, lost revenue, or indirect or consequential losses, like a caller who didn't book.

Our total liability to you under this agreement is limited to what you paid us in the 12 months before the claim.

These limits don't apply to your payment obligations, to the indemnity below, or where the law doesn't allow them.

Indemnity

You'll defend us and cover our losses from claims by others that come from you breaking this agreement or the law, including claims about calls or texts made on your instructions, and about information you gave us.

Changes to This Agreement

We may update this agreement. We'll tell you at least 30 days before a change that affects you takes effect, and if you keep using Clara after that, the new version applies. We keep a record of the version you accepted.

General

Delaware law governs this agreement, and the state and federal courts in Delaware have exclusive jurisdiction over any dispute about it.

This agreement and your order are the whole agreement between us about Clara. If they conflict, your order takes priority.

You can't transfer this agreement without our written consent. We can transfer it to a company that takes over our business.

We send notices to the email address on your account. You can send notices to us by replying to any email from us.

If part of this agreement can't be enforced, the rest still applies. Not enforcing a term right away doesn't mean we've given it up.