Last updated: September 8, 2026
Terms of Service
These Terms of Service ("Terms") govern your use of the Carben Services website and your purchase or use of services provided by Carben Services ("Carben," "we," "us," or "our"). By using the website, requesting our services, or entering into a service relationship with us, you agree to these Terms.
Business customers. Carben's services are primarily intended for businesses and commercial customers. If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business.
1. Services
Carben provides communication and automation services for local service businesses. Services may include missed-call text-back, website chat, lead follow-up, review-request workflows, appointment reminders, customer-service messaging, voice or text automation, AI-assisted conversations, and related configuration, support, and management services.
The specific services, features, usage limits, integrations, and pricing applicable to a client are those described in the client's order, proposal, subscription, invoice, service plan, or other written agreement with Carben.
2. Third-Party Services
Our services may depend on third-party telecommunications carriers, messaging providers, cloud platforms, CRM systems, AI providers, hosting companies, payment processors, and other services. We do not control third-party services and cannot guarantee their continuous availability, delivery speed, policies, or performance.
A third-party provider may impose additional terms, usage restrictions, registration requirements, content rules, or fees. Clients agree to comply with applicable third-party requirements associated with their use of the service.
3. Client Responsibilities
- You will provide accurate, current information needed to configure and operate your services.
- You are responsible for the legality, accuracy, and appropriateness of the content, phone numbers, contact lists, campaigns, workflows, and instructions you provide or authorize.
- You are responsible for ensuring that your use of the services complies with applicable federal, state, and local laws and regulations, including applicable consumer-protection, telemarketing, telephone, privacy, and messaging requirements.
- You must have the rights, permissions, and consents required to contact people through the systems you ask Carben to operate.
- You must promptly notify Carben of any complaint, opt-out request, consent revocation, legal restriction, or other circumstance that should cause a communication to stop.
- You must not use the service for unlawful, fraudulent, deceptive, abusive, harassing, threatening, or otherwise prohibited activity.
- You are responsible for reviewing and approving automated workflows when appropriate for your business and for monitoring communications generated on your behalf.
4. SMS, Calls, Consent, and Opt-Outs
Clients are responsible for obtaining and documenting any consent required for the communications they initiate or authorize, except to the extent Carben has expressly agreed in writing to perform a specific compliance function. Carben does not guarantee that a client's messaging program complies with every law applicable to the client's industry, geography, campaign, or customer base.
Carben will maintain reasonable processes for handling applicable consent-revocation requests. The FCC has stated that covered callers and texters must honor revocation requests made by any reasonable means within a reasonable time, not exceeding 10 business days. Nothing in these Terms limits a consumer's rights under applicable law.
5. Pricing and Payment
Services are billed at the rates stated in the applicable proposal, order, subscription, invoice, or service plan. Unless otherwise stated in writing, recurring services are billed monthly.
New-client promotional discounts, including any first-month discount, apply only as stated in the applicable offer. Promotional terms may be changed or withdrawn for future customers.
Client is responsible for applicable taxes, third-party usage charges, carrier fees, registration fees, or other charges disclosed before or during service. We may suspend services for overdue amounts after reasonable notice.
6. Cancellation and Suspension
Unless a separate written agreement states otherwise, a client may cancel recurring services by contacting Carben using the contact information below. Cancellation normally becomes effective at the end of the current paid billing period. Fees already paid are non-refundable except where required by law or expressly stated otherwise.
Carben may suspend or terminate services if a client fails to pay, violates these Terms, creates material legal or compliance risk, abuses the service, or uses the service in a manner that could harm Carben, a third party, a telecommunications provider, or the public.
When practical, Carben may disable active automations promptly after a cancellation request or suspension where continued operation could result in unwanted communications. The client remains responsible for charges incurred before termination and for obligations that by their nature survive termination.
7. Intellectual Property and Client Data
Carben property. Carben retains ownership of its pre-existing technology, software, templates, systems, workflows, automation methods, prompts, documentation, know-how, configurations, and other materials developed or owned by Carben.
Client property. The client retains ownership of information, trademarks, content, customer data, contact lists, scripts, and other materials that the client provides to Carben, subject to Carben's rights to process those materials as necessary to provide the services.
Service license. During the client's active subscription, Carben grants the client a limited, non-exclusive, non-transferable license to use Carben-created configurations and deliverables solely as part of the client's authorized use of the services. Unless otherwise agreed in writing, the license ends when the applicable service relationship ends.
Carben may use aggregated or de-identified information that cannot reasonably be used to identify a person or client for legitimate purposes such as service analytics, security, and performance measurement, subject to applicable law.
8. AI and Automated Communications
Some services use artificial intelligence or automated systems to generate, classify, summarize, route, or assist with communications. Automated outputs can contain errors, misunderstandings, or inappropriate responses. Clients are responsible for determining whether human review or escalation is appropriate for their particular use case.
Carben does not provide legal, medical, financial, emergency, or other regulated professional advice through automated systems. Clients should not configure automated systems to replace emergency services or professional judgment where human intervention is required.
9. No Guaranteed Results
Services are intended to support communication and business operations. Carben does not guarantee a particular number of leads, appointments, reviews, sales, customers, revenue, conversion rate, response rate, or other business outcome.
10. Disclaimers
To the maximum extent permitted by applicable law, the services are provided on an "as is" and "as available" basis. Carben disclaims warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent such disclaimers are permitted by law.
Carben does not warrant that services will be uninterrupted, error-free, secure, or available at all times, or that messages will always be delivered, read, understood, or responded to by recipients.
11. Limitation of Liability
To the maximum extent permitted by law, Carben will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business opportunities, loss of goodwill, loss of data, or costs of substitute services arising from or related to the services or these Terms.
To the maximum extent permitted by law, Carben's aggregate liability arising out of or relating to the services or these Terms will not exceed the amount the client paid to Carben for the services giving rise to the claim during the three months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.
12. Indemnification
To the maximum extent permitted by law, the client agrees to defend, indemnify, and hold harmless Carben and its owners, employees, contractors, and service providers from third-party claims, damages, liabilities, penalties, costs, and reasonable attorneys' fees arising from or related to the client's unlawful use of the services, client-provided content or data, lack of required consent, violation of law, violation of these Terms, or instructions supplied by the client.
This provision does not require a client to indemnify Carben for Carben's own fraud, willful misconduct, or liability that cannot lawfully be shifted.
13. Confidentiality
Each party may receive non-public information belonging to the other party. Each party agrees to use reasonable care to protect confidential information and to use it only for legitimate purposes related to the business relationship. This obligation does not apply to information that is public, independently developed, lawfully received from another source, or required to be disclosed by law.
14. Privacy
Our collection and use of personal information is described in our Privacy Policy. If Carben processes personal information on behalf of a client, the client's agreement with Carben may contain additional data-processing obligations.
15. Changes to Services or Terms
We may modify, add, or discontinue features of the services. We may also update these Terms from time to time. The "Last updated" date identifies the current version. Where required by law or by an applicable agreement, we will provide notice of material changes.
16. Governing Law and Venue
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-law rules, except to the extent federal law or another law cannot lawfully be excluded.
Unless applicable law requires otherwise, disputes arising from these Terms or the services will be brought in the state or federal courts located in Illinois, and the parties consent to personal jurisdiction and venue in those courts.
17. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable where permitted by law.
18. No Waiver
A failure to enforce any provision of these Terms is not a waiver of the right to enforce that provision later.
19. Assignment
The client may not assign its rights or obligations under these Terms without Carben's prior written consent, except in connection with a sale or transfer of substantially all of the client's business assets where the successor agrees to assume these Terms. Carben may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets.
20. Entire Agreement
These Terms, together with any applicable proposal, order, subscription, invoice, service plan, or other written agreement between Carben and the client, constitute the agreement governing the services. If a written order or service agreement expressly conflicts with these Terms, the more specific written agreement controls for that conflict.