Terms of Service

Last updated: July 30, 2026

Introduction

These Terms of Service (these "Terms") are an agreement between acumenhq, LLC and you, acting on behalf of the business you represent ("you," "your," "the business"). They govern your access to and use of Acumen's managed front-office systems, including any web chat, voice, form, email, and social-message handling delivered through Acumen's platform (the "Service").

By purchasing a subscription, clicking to accept these Terms at checkout, or otherwise configuring or using the Service, you agree to be bound by these Terms on behalf of the business you represent.

If you do not agree to these Terms, do not purchase or use the Service.

1. Acceptance and Eligibility

To use the Service, you must be at least 18 years old and must have authority to bind the business you represent. By using the Service, you represent and warrant that you meet these requirements, that the business you represent is a lawfully operating business, and that you are not accessing the Service to evaluate, replicate, or build a competing product.

2. Changes to These Terms

Acumen may update these Terms from time to time. Material changes will be communicated to active subscribers with reasonable advance notice before taking effect, sent to the email address on your account. Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. If you do not agree to a change, your remedy is to cancel your subscription before the change takes effect.

3. What Acumen Is

Acumen is a managed system that answers, qualifies, books, and follows up on customer enquiries on behalf of your business, using a combination of automated conversation handling and configuration you provide.

Acumen is one standardized system configured to your business, not a custom-built application. Section 7 explains the boundary between configuration, which is included in every plan, and structural change, which is handled separately as a Custom System.

Acumen is a technology service provider. Acumen is not your employee, agent, attorney, accountant, or other professional adviser, and nothing the Service produces is professional advice.

4. Levels of Coverage, Pricing, and Changes to the Service

The Service is offered at several levels of coverage, each including the capabilities of the level below it and adding more. The name, price, and specific inclusions of each level, including any limited-time launch rate, are those published by Acumen and shown to you at checkout at the time of your purchase, and those are the terms that apply to your subscription. Levels and their names may be revised for new subscribers over time; a revision does not change what you purchased.

Billing, renewal, usage charges, trials, cancellation, and refunds are governed by the separate Billing & Usage page, which forms part of these Terms.

Acumen may modify, improve, or discontinue features of the Service over time. Acumen will not materially reduce the core capabilities of your purchased level during a paid billing period without notice and, where a reduction is material and you object, the option to cancel.

5. Industries and Uses Acumen Does Not Serve

Acumen is configured around the operating patterns of specific, disclosed service industries, including accounting, bookkeeping, tax preparation, CFO advisory, legal services, home and trade services, and similar enquiry-driven businesses.

Acumen does not currently support businesses in the following categories, regardless of the level purchased:

• Insurance
• Lending, credit, debt relief, and investment products
• Gambling and betting services
• Adult content or adult services
• Medical spas and aesthetic medical services
• Healthcare providers and other businesses whose enquiries would routinely involve protected health information, since Acumen does not offer a HIPAA business associate agreement
• Any business whose enquiries routinely require handling of information subject to sector-specific regulation that Acumen has not agreed in writing to support
• Any other business not disclosed to you as supported prior to purchase

If you are unsure whether your business falls into a supported category, contact Acumen before purchasing rather than relying on the checkout page allowing the transaction to complete. Acumen does not verify a business's industry before payment, and completing a purchase is not a determination by Acumen that your business is eligible.

If a business in an unsupported category is found to have subscribed, Acumen will cancel the subscription and refund the current billing period in full, and neither party owes any further obligation for that subscription.

6. Emergencies and Urgent Situations

The Service is not an emergency service and must not be presented to your customers as one. It cannot dispatch emergency responders, and it may be unavailable at any time.

If your business receives enquiries that can involve an immediate risk to life, health, or property, including gas leaks, carbon monoxide alarms, fire, flooding, structural failure, or medical distress, you are responsible for configuring the Service to recognize those situations, to tell the customer to contact emergency services or your emergency line, and to escalate to a person on your team. Acumen will configure these rules to your instructions and will apply its standard escalation behavior where you provide none, but you remain responsible for deciding what constitutes an emergency in your trade and how your business responds to one.

7. Configuration vs. Custom Systems

Included in every plan, at no additional charge beyond your subscription rate:

• Your services and what you do not take on
• Business hours, timezone, and after-hours behavior
• Qualification rules and what disqualifies an enquiry
• Booking rules, availability, and reminder timing
• Who receives escalations, urgent cases, and handoffs
• Approved answers and subjects the system must not address
• Tone, message wording, and review request timing

Handled separately, scoped and priced as a Custom System, and not included in any standard plan:

• Multiple locations or brands operating independently
• Separate departments with their own routing
• Multiple pipelines, calendars, or phone numbers running in parallel
• Integration with your booking, ordering, inventory, or practice management systems
• Answers that depend on live data pulled from another system
• Specific security or compliance architecture beyond Acumen's standard configuration
• Workflows built specifically for one industry's unique regulatory or operational requirements

If you are uncertain which side of this line a request falls on, ask before assuming it is included.

8. Your Responsibilities

By subscribing, you confirm and agree that:

• You are authorized to set up automated customer communications on behalf of the business you represent.
• The customer contact details the Service uses, including names, phone numbers, and email addresses, belong to your business and are lawfully held and lawfully usable for the purposes you configure.
• You will review and approve what the Service is configured to say, book, refuse, and escalate before it goes live and speaks to a real customer.
• You are responsible for compliance with laws that govern how your business contacts its customers, including the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and automated-call statutes, and state call-recording consent laws. Acumen provides the mechanism; the lawful basis to contact each recipient is yours.
• Any consent wording shown to your customers is your business's own responsibility. Acumen will configure the system to the wording you supply, or to Acumen's standard wording where you supply none, but Acumen is not your legal adviser and does not warrant that any wording satisfies obligations applicable to your business or location.
• You are responsible for the accuracy of the information you approve for the Service to use, and for obtaining, registering, and maintaining in your own name any accounts and phone numbers used with the Service.
• You will keep a current email address on your account for notices.

9. Data Roles

As between you and Acumen, you determine the purposes for which your customers' personal information is collected and used through the Service. For that information, you act as the controller (and, under the California Consumer Privacy Act, the "business"), and Acumen acts as your processor and service provider, handling that information on your documented instructions in order to deliver the Service, and not for its own independent commercial purposes.

Acumen does not sell your customers' personal information. How Acumen handles personal information is described in the Privacy Policy, which forms part of these Terms.

10. Third-Party Platforms

The Service is built using third-party platforms, including a customer relationship management and messaging platform, a voice AI platform, a checkout and payments provider, and cloud infrastructure providers. These platforms are owned and operated by their respective providers, not by Acumen. You acknowledge and agree that:

• Acumen is not responsible for outages, data loss, security incidents, or feature changes originating from a third-party platform.
• Data processed through those platforms is also subject to that platform's own terms and privacy policy, in addition to these Terms and Acumen's Privacy Policy.
• Purchases are processed by Acumen's checkout provider, and that provider's own terms apply to the payment transaction in addition to these Terms.
• Acumen cannot guarantee the continued availability of any third-party platform or feature, as those decisions belong to the provider.
• For issues specific to a third-party platform's core functionality, you may need to contact that provider directly, and Acumen will assist where reasonably possible.

11. Intellectual Property

Acumen and its licensors own all right, title, and interest in the Service, including its underlying software, prompts, configuration architecture, workflow design, and documentation (the "Platform"). Subject to your compliance with these Terms and payment of applicable fees, Acumen grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform, as configured for your business, for your own internal business purposes for as long as your subscription is active. You may not:

• Copy, resell, sublicense, or otherwise exploit the Platform outside your own configured use of the Service.
• Reverse engineer, decompile, or attempt to extract the underlying prompts, model configuration, or source code of the Platform.
• Use the structure, methodology, or configuration of the Platform to build or assist another party in building a competing product or service.
• Remove or alter any proprietary notices.

Configuration data you provide, including your services, hours, rules, and approved answers, remains yours. Acumen's license to use it is limited to operating and supporting the Service for your business.

If you send Acumen suggestions or feedback about the Service, Acumen may use them without restriction or obligation to you.

12. AI-Specific Terms

The Service uses artificial intelligence to hold conversations, transcribe voice calls, and make qualification and routing decisions within the boundaries you configure. You acknowledge and agree that:

• AI-generated responses are produced algorithmically. Although the Service is configured to answer only from information you have approved, it may occasionally be incomplete, slow to escalate, or otherwise imperfect. You are responsible for reviewing and approving its configuration before it speaks to a customer, and for monitoring its performance thereafter.
• Output of the Service is not professional legal, medical, financial, or other regulated advice, and must not be configured or presented as such to your customers.
• Acumen may use interaction data to operate, secure, troubleshoot, and improve the Service. Acumen will not use your confidential business information or your customers' personal information to train general-purpose AI models, and will not permit its providers to do so, except as described in the Privacy Policy.
• You will not configure or use the Service to deny being AI when asked directly, to impersonate a specific real person, or to otherwise mislead a customer about who or what they are speaking with.
• You will not adversarially attack, overload, or attempt to manipulate a live, customer-facing instance of the Service in a way intended to cause malfunction or harmful output. This does not restrict testing within Acumen's own demonstration environments, which are provided for evaluation.

13. Messaging, Calls, and Recording

Where the Service sends text messages or places or answers calls on your behalf:

• Messages and calls are made under your business's identity, to your business's own customers, for the purposes you configure.
• Text recipients may opt out at any time by replying STOP, receive a single confirmation that they have been unsubscribed, and receive no further messages through the Service unless they reply START. Recipients may reply HELP for assistance. These mechanisms must remain enabled on every messaging channel the Service operates for you.
• Message and data rates may apply, as determined by the recipient's wireless carrier. Carriers are not liable for delayed or undelivered messages.
• Message frequency depends on your configuration and your customers' interactions with your business.
• The Service will not be configured to send phishing content, illegal content, or content promoting sex, hate, alcohol, firearms, or tobacco in violation of applicable law.
• Where calls are recorded, the Service discloses that fact at the start of the call. Several states require the consent of all parties to record a call. You are responsible for confirming that call recording, as configured for your business, is lawful in the states where your customers are located, and for instructing Acumen to disable recording where it is not.

14. Suspension and Termination

You may cancel your subscription as described in the Billing & Usage page, effective at the end of the then-current billing period.

Acumen may suspend or terminate the Service immediately if: your payment method fails and the amount owed remains unpaid after reasonable notice; the business is found to operate in an unsupported category under Section 5; the Service is used for an unlawful purpose or in material breach of these Terms; or continued operation would expose Acumen or third parties to legal risk or harm.

Following termination, Acumen will make your configuration data available for a reasonable period on request before deletion, consistent with the Privacy Policy. Provisions that by their nature survive termination, including intellectual property, disclaimers, limitation of liability, indemnification, and dispute terms, remain in effect.

15. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACUMEN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ACUMEN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT EVERY ENQUIRY WILL BE ANSWERED, CAPTURED, QUALIFIED, BOOKED, OR ESCALATED CORRECTLY, OR THAT USE OF THE SERVICE WILL PRODUCE ANY PARTICULAR NUMBER OF LEADS, BOOKINGS, REVIEWS, OR ANY OTHER BUSINESS RESULT. ANY EXAMPLES, ESTIMATES, OR ILLUSTRATIONS OF PERFORMANCE ARE ILLUSTRATIVE ONLY AND ARE NOT A GUARANTEE.

IF APPLICABLE LAW REQUIRES ANY WARRANTY THAT CANNOT BE DISCLAIMED, THAT WARRANTY IS LIMITED IN DURATION TO NINETY (90) DAYS FROM FIRST USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO PART OF THIS SECTION MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACUMEN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, OR GOODWILL, OR FOR ANY MISSED, DELAYED, MISHANDLED, OR LOST ENQUIRY, ARISING OUT OF OR RELATED TO THE SERVICE, REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF ACUMEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ACUMEN'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE SUBSCRIPTION AND USAGE FEES YOU PAID TO ACUMEN IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO PART OF THIS SECTION MAY NOT APPLY TO YOU.

17. Indemnification

You agree to indemnify, defend, and hold harmless Acumen and its members, officers, employees, and agents from any third-party claim, loss, liability, penalty, or expense, including reasonable attorneys' fees, arising out of or relating to:

• Your breach of these Terms.
• Content, contact data, consent wording, or configuration instructions you supplied.
• Any communication sent or call recorded on your behalf through the Service, including any claim under the Telephone Consumer Protection Act, the CAN-SPAM Act, or any state telemarketing, automated-call, or call-recording statute.
• Your use of the Service in a manner that violates law or the rights of any person.

Acumen will notify you of any claim subject to this section and may, at your expense, assume its own defense.

18. Governing Law, Venue, and Dispute Terms

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

You and Acumen agree that the state and federal courts located in the State of Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party consents to personal jurisdiction and venue there.

TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY, AND EACH PARTY AGREES TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If a court finds this waiver unenforceable as to a particular claim, that claim alone is severed and the remainder of this section continues to apply.

Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim arose, or it is permanently barred.

19. Notices

Notices to you will be sent to the email address on your account and are effective when sent. You are responsible for keeping that address current. Notices to Acumen must be sent to [email protected] and are effective when sent.

20. Miscellaneous

• Severability. If any provision is found unenforceable, the remainder stays in full effect.
• Entire Agreement. These Terms, together with the Privacy Policy, Billing & Usage, and Acceptable Use & AI Disclosure pages, are the entire agreement between you and Acumen regarding the Service, and supersede prior discussions, proposals, and representations.
• No Waiver. A failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign these Terms without Acumen's written consent. Acumen may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No Agency or Partnership. Nothing here creates a partnership, joint venture, employment, or agency relationship.
• Force Majeure. Acumen is not liable for delay or failure to perform caused by events beyond its reasonable control, including outages of the third-party platforms described in Section 10.
• Headings. Headings are for convenience and do not affect interpretation.
• No Third-Party Beneficiaries. These Terms benefit you and Acumen only.

21. Contact

Questions about these Terms can be sent to [email protected]. General questions about the Service, billing, or support can be sent to [email protected].