Terms of Service
1. Service Description
NerveCall is a cloud-based reporting and analytics platform designed for businesses using Nextiva phone systems. The Service includes dashboards, scorecards, missed call tracking, scheduled reporting, SFTP data ingestion, and related features. NerveCall is operated by HyperCloud Pro.
2. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law, regulation, or the rights of any third party.
- Upload, transmit, or store malicious code, viruses, or harmful content.
- Attempt to gain unauthorized access to the Service, other accounts, or connected systems.
- Interfere with or disrupt the integrity or performance of the Service or its infrastructure.
- Reverse engineer, decompile, or disassemble any aspect of the Service.
- Use the Service to send unsolicited communications or spam.
We reserve the right to suspend or terminate accounts found in violation of these rules.
3. Subscription and Billing
NerveCall is offered on a subscription basis. Fees are charged in advance according to the plan and billing cycle you select. All payments are processed securely through Stripe.
- Free Trial: New accounts may be eligible for a trial period as specified at signup. No credit card is required to start a trial.
- Billing Cycle: Subscriptions auto-renew monthly or annually unless cancelled before the renewal date.
- Refunds: Fees are generally non-refundable. We may provide prorated refunds at our sole discretion in cases of service defects or billing errors.
- Price Changes: We may adjust pricing with 30 days advance notice. Changes apply to your next billing cycle.
4. Data Ownership
You retain full ownership of your Call Detail Records (CDR) and any other data you import into NerveCall. We do not claim any ownership rights over your data. You grant us a limited license to host, process, and display your data solely for the purpose of providing the Service to you.
Upon account termination, you may export your data within the retention window specified in our Privacy Policy. After the retention period expires, your data will be securely deleted.
5. Service Availability
We aim to maintain high availability of the Service. Our target uptime is 99.9% for all paid plans.
- Enterprise SLA: Enterprise customers receive a formal Service Level Agreement (SLA) with uptime commitments, support response times, and service credits for qualifying downtime. Contact sales for SLA terms.
- Scheduled Maintenance: We may perform planned maintenance with advance notice. Maintenance windows do not count against uptime calculations.
- Exclusions: Downtime caused by third-party services (e.g., Nextiva APIs, carrier networks), force majeure, or your own infrastructure is excluded from uptime calculations.
6. Termination
You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period.
We may suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated these Terms, engaged in fraudulent activity, or posed a security risk.
7. Limitation of Liability
To the maximum extent permitted by law, NerveCall and HyperCloud Pro shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising out of or related to your use of the Service.
Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid to us in the 12 months preceding the event giving rise to liability.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. Any dispute arising from these Terms shall be resolved in the state or federal courts located in Illinois.
9. Changes to These Terms
We may update these Terms from time to time. Material changes will be notified at least 30 days in advance via email or through the platform. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
10. Contact
For questions about these Terms, please contact us at: legal@nervecall.io