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This is version 2026-10-10-web-form, which takes effect October 17, 2026. Version 2026-10-05-r4, effective October 15, 2026, is the one in effect now; version 2026-10-07-home-services takes effect October 16, 2026, then version 2026-10-07-towing takes effect October 16, 2026, then version 2026-10-08-small-business takes effect October 16, 2026, then version 2026-10-09-chat-call takes effect October 17, 2026.

Terms of Service

Effective date: 2026-09-23 Last updated: 2026-10-10

1. Who this agreement is with

These Terms of Service ("Terms") are a contract between Intake Gateway LLC, a New Mexico limited liability company ("Intake Gateway," "we," "us," or "our") and the law firm, licensed attorney, home-services business, towing business or other small business creating an account ("you," "your," or "Firm") to use Intake Gateway's AI intake service for phone calls and, where the Firm installs it, for the Firm's own website chat and contact form (the "Service"), available at intakegateway.com. By creating an account, clicking "I agree," or using the Service, you accept these Terms and the documents incorporated into them — see the Master Subscription Agreement document for how these fit together.

"Intake Gateway Parties" means Intake Gateway LLC together with its members, managers, officers, employees, contractors, agents, affiliates, and suppliers. Every disclaimer, limitation, and exclusion in Sections 12 and 13 runs to the benefit of each of the Intake Gateway Parties, and you agree to bring any claim relating to the Service against Intake Gateway LLC only and not against any individual member, manager, officer, or employee of it.

2. What the Service does

The Service answers a Firm's own inbound and after-hours phone calls with an AI voice agent and, where the Firm has installed it on the Firm's own website, the Firm's website chat with an AI text agent (from which, where the Firm offers it, a visitor may start a call to that voice agent), which: runs a structured personal-injury intake conversation and, where the Firm has switched it on, a workers' compensation one, a criminal-defense one (for a person arrested or charged: it asks for the charge's name, never what happened, and enters nothing about that in the intake record; the recording and transcript are as for any call) or a family-law one (for a divorce, custody, support or protective-order matter, or a change to such an order: it asks whether it is safe to call back and to leave a message, never asks about abuse, and never takes a child's name; the Firm alone acts on the caller's answer about whether it is safe to call back or to leave a message, which we record and pass on and do not enforce) or a general one for any other new legal matter (a will or an estate, a job, a home or a lease, a business or a contract, a benefits claim, a ticket and the like: it takes the matter in the caller's words, the other side's name, the state and county or city and any coming hearing, closing or date to file, answer or move out by, and never says whether the Firm takes the matter or anything about the law; it does not take bankruptcy, debts the caller owes or immigration, which only the immigration intake takes) or an immigration one (for a visa, residency, citizenship, asylum, a petition for a family member, a work permit, removal or someone held by immigration: it takes the matter in the caller's words, the name of any criminal charge the caller names as part of it, the name of any employer or petitioner, whether the person is held by immigration now and where, the state and city or county, any coming hearing, interview or date to file, respond or leave by, and whether it is safe to call back and to leave a message; it never asks about or enters in the intake record anyone's immigration status, nationality, country, entry or immigration number, though the recording and transcript are as for any call; it never says whether the Firm takes the matter, whether anyone qualifies or anything about the law, and does not treat a notario or consultant as a lawyer; the Firm alone acts on the caller's answer about whether it is safe to call back or to leave a message, which we record and pass on and do not enforce), in English or -- where the Firm has enabled it -- in Spanish; checks for conflicts of interest via the Firm's connected Clio account, where the Firm has connected one; transfers calls meeting our "hot case" criteria -- which are the same for every Firm that has made the same choices about workers' compensation, criminal defense, family law, other legal matters and immigration (Section 2) and which the Firm cannot edit, see Sections 10 and 14 -- to a live line, and for a chat meeting them emails the Firm at once and, during the Firm's transfer hours and while the Firm's phone line with us is live, tells the visitor how to call the Firm rather than transferring; books consultations, or requests a time where the Firm's calendar requires its confirmation, via the Firm's connected calendar, where the Firm has connected one, and otherwise records a callback request; emails the caller a confirmation of the appointment in the Firm's name where a consultation is booked in a call and the caller gave an email address -- a visitor whose consultation is booked in a chat is told the appointment in the chat and is not emailed by us; the Firm's calendar service may send its own confirmation; and sends the Firm a call or chat summary and structured intake record by email for the Firm's own review -- except that we may withhold that email for a call or chat our systems judge to be spam -- with the call recording and the full transcript, or the chat transcript, available in the Firm's dashboard rather than by email. Where a Firm opts in, the Service may also text a mobile number the Firm chooses when a call meeting our hot-case criteria was not transferred; a text alert is a convenience in addition to the email, not a substitute for it, and its delivery depends on mobile carriers and is not guaranteed. Where the Firm connects its own website contact form to the Service, we save each entry our checks accept as an intake and send it to the Firm as we send a chat. No AI agent replies to it. The form, and any notice its visitors need, are the Firm's. The Service does not decide whether to represent any caller or visitor and does not perform legal work.

Home-services businesses. For a Firm whose account is set up as a home-services business (heating and cooling, plumbing and similar trades), the Service answers the Firm's phone calls only, in English only, and instead of a legal intake takes a service request: the caller's name and number, the address where the work is needed, the problem in the caller's words, how urgent it is, a time to call back and an email address. It offers a transfer for calls meeting our emergency criteria for home services, which are the same for every such Firm and which the Firm cannot edit, on the same terms as a hot case, and is designed to tell a caller who describes danger now (such as a gas smell, fire, smoke or a carbon monoxide alarm) to leave the building and call 911. It does not diagnose, quote prices or times, dispatch anyone or contact emergency services. It opens with its own recording and AI disclosure, published beside the law-firm one on our product page; Sections 4 and 5 apply to it as to that one. For such a Firm, these Terms' references to a legal intake, attorneys, a bar's rules or professional responsibility mean the laws and licensing and consumer-protection rules that apply to its trade, and their provisions on conflict checks, consultations and practice areas do not apply.

Towing businesses. For a Firm whose account is set up as a towing business (towing and roadside assistance), the Service answers the Firm's phone calls only, in English only, and instead of a legal intake takes a tow request: the caller's name and number, where the vehicle is, whether the caller says they are somewhere safe, the vehicle and what happened. It treats every tow request as a hot case and offers a transfer on the same terms, and is designed to tell a caller who describes danger now (such as an injury, fire or smoke, or being stuck in moving traffic) to call 911. It does not quote prices or times, dispatch anyone or contact emergency services. It opens with the disclosure published for home-services businesses, to which Sections 4 and 5 apply as to the law-firm one; the last sentence of the paragraph above applies to such a Firm as to a home-services business.

Other small businesses. For a Firm whose account is set up as another kind of business, the Service answers the Firm's phone calls only, in English only, and instead of a legal intake takes a message: the caller's name and number, why they are calling in their words, a time to call back and an email address. It does not transfer calls and has no hot-case criteria. It is designed to tell a caller who describes danger now to call 911. It does not give advice, quote prices, take orders or bookings, or contact emergency services. It opens with the disclosure published for home-services businesses, to which Sections 4 and 5 apply as to the law-firm one; the last sentence of the home-services paragraph above applies to such a Firm as to a home-services business. These Terms' provisions on transfers, hot cases and text alerts do not apply to such a Firm.

This description is illustrative of the Service as it works today, and of the website chat as it will work where we offer it, not a specification of it. We may change, add, or remove any feature, integration, or capability at any time, with or without notice, including discontinuing support for any third-party integration. No particular feature, integration, or level of functionality is promised, and continued availability of any of them is not a term of this agreement.

What we do commit to. While your subscription is active and paid for, we will make the Service available to you in substantially the form described above, subject to Sections 8, 11, 12 and 13. That is the only commitment we make about the Service, and Sections 12 and 13 state the whole of your remedy if we do not meet it.

3. Eligibility

The Service is available only to licensed U.S. law firms and attorneys in good standing with their state bar, for use consistent with each attorney's own professional responsibility obligations. You represent that you (or the attorney(s) whose calls the Service answers) are licensed to practice law in the jurisdiction(s) where you hold yourself out as available, and that you are authorized to bind the Firm to these Terms. A U.S. home-services or towing business may instead set up its account as one (Section 2); you then represent that it holds every license and permit its trade requires where it works, and that you are authorized to bind it to these Terms. Another U.S. business may instead set up its account as another kind of business (Section 2) only if it does not provide health care, financial services (including banking, lending, insurance, investment and tax services) or childcare; you then represent that it does not, that it holds every license and permit its trade requires where it works, and that you are authorized to bind it to these Terms.

4. Your account and responsibilities

  • You are responsible for the configuration the Service puts in your hands — call forwarding, the accounts you connect, the number urgent calls are transferred to and when, your office details, how your callback is promised, what is said about your fees, the questions you add to the intake, whether Spanish is enabled and which kind of business your account is set up as — and for keeping your account credentials and connected third-party accounts (Clio, Cal.com, Stripe) secure.
  • Your own text is yours. The agent may use the words you write for it (your agent's name, office details, fee sentence, callback sentence, referral-source options and the questions you add), in Spanish with the same meaning where you enable Spanish; it may leave out text that asks for advice or a price or reads as an instruction to it. That text is yours, not ours, and you are responsible for it, including its Spanish rendering, as for anything else your Firm says to a prospective client. A default sentence you leave in place is your choice under this Section.
  • The rest of the intake script, the hot-case criteria and the recording and AI disclosure are ours: they are the same for every Firm and you cannot edit them, which is why Section 5 asks you to satisfy yourself that they suit your practice and your jurisdictions before you go live, rather than asking you to write them.
  • You are responsible for the accuracy of the information you provide about your Firm, your practice areas, and your intended use of the Service.
  • The Service is self-serve: we do not provide onboarding calls, demos, or phone-based support. Support is asynchronous, provided as a courtesy, may be generated or assisted by automated systems, and carries no committed response time.
  • You decide what is lawful for your calls. You choose which numbers to forward and which callers reach the Service. You are responsible for compliance with every call-recording, wiretapping, two-party-consent, telephone-consumer-protection, and privacy law that applies to those calls, and for any notice or consent those laws require from your callers. The Service's default disclosure is a convenience; judging whether it is sufficient for your callers and jurisdictions is your decision, not ours.
  • You must verify Service output before relying on it. Transcripts, summaries, conflict-check results, and extracted intake fields are drafts for your review — not work product you may rely on unchecked.
  • The per-call email is a convenience, not the record. Your dashboard lists every call we answered. You are responsible for reviewing it; we may not email you about every call.
  • Communications sent in your name. Where the Service books a consultation and the caller gave an email address, it emails that caller a confirmation identifying your Firm. That is a communication from you for the purposes of your bar's rules on communications with prospective clients, and you are responsible for it as you are for the intake itself. It is the same for every Firm and you cannot edit it.

5. Your professional responsibility — the Service does not practice law

This is the most important clause in this agreement for a legal-services buyer, so it is stated plainly:

  • Intake Gateway is a software and communications vendor. It is not a law firm, not a lawyer referral service, and does not practice law. It does not give legal advice to callers, does not evaluate the merits of any claim, and does not create an attorney-client relationship between any caller and any attorney.
  • You remain solely and professionally responsible for all communications the Service makes on your behalf, for reviewing and supervising its use the way you would any nonlawyer assistant or vendor under your own bar's rules of professional conduct, and for ensuring your own use of the Service — including any script, consent language, or advertising that drives calls to it — complies with your bar's advertising, solicitation, and unauthorized-practice rules.
  • You agree not to configure or represent the Service in any way that would suggest to a caller that they are speaking with a licensed attorney, or that an attorney-client relationship has formed before you have actually agreed to represent that person.
  • The Service is designed to play a default disclosure at the start of a call, stating that the caller is speaking with an automated system and that the call may be recorded. That default is a convenience. It is not legal advice, not a guarantee of compliance, and not a warranty that any particular call carries it. You are responsible for determining whether it is adequate for your callers and jurisdictions, and for the legality of recording the calls you route to us. The disclosure is not configurable: it is the same for every Firm and the Service gives you no way to shorten, re-word or switch it off. If it is not adequate for a jurisdiction you take calls from, the remedy is not to route those calls to us.
  • For the website chat, the Service is designed to show a written notice before the visitor's first message, which the visitor must accept to start the chat: that the chat is with an AI assistant for your Firm and not a lawyer, that what they write is saved and shared with your Firm and with the companies that run the chat for it, including its AI provider, and that nothing in it creates an attorney-client relationship. What this Section says of the call disclosure is true of that notice too: it is a convenience, not a warranty that any particular chat carried it, it is the same for every Firm and not configurable, you are responsible for deciding whether it is adequate for your visitors and jurisdictions, and if it is not, the remedy is not to install the chat. Its words are published beside the call disclosure's from the day the chat is offered.
  • You have read the disclosure. Its exact words are published on our product page and are available to you before you accept these Terms and at any time after. By accepting, you confirm that they were available to you and that you accept them as suitable for your practice and for the jurisdictions you take calls and chats from.
  • What we can show you about a call. For each call we answer we record whether the opening our system played matched that approved disclosure. On request we will give you that record for a specific call while we still hold it; we give no undertaking as to how long that is. For a chat, your dashboard shows which notice the visitor accepted and when, while we still hold the chat. Your dashboard also lets you place a legal hold on a call or chat, which suspends our routine deletion of its recording, transcript and intake until you lift it, and lets you delete a call's recording and transcript, or a chat's transcript, yourself before that schedule reaches them.

6. Acceptable use

You agree not to use the Service to: (a) violate any law, including call-recording consent laws and telemarketing or robocalling laws, or your bar's rules of professional conduct; (b) attempt to reverse-engineer, resell, or provide the Service to third parties outside your own Firm; (c) upload or transmit malicious code; (d) use the Service in a way that could reasonably be expected to harm callers or visitors, including by misrepresenting what the Service is; or (e) place the website chat on a website that is not your own Firm's, or present it as anything but your Firm's intake assistant.

7. Fees and payment

Fees are as described on our pricing page and in your account at signup, billed through Stripe. See the Cancellation + Refund Policy for how cancellation, refunds, and failed payments work — those terms are not repeated here to avoid two places needing to agree.

What the Service costs. One plan, priced as shown on our pricing page and in your account at signup -- the number lives there, not in these Terms, so a price change does not require a new version of this document. Every call the Service answers for you, and every website chat it holds for you, is included: there is no per-call, per-chat or per-minute charge, no included allowance and no overage. Fees are billed monthly in advance to the card on file.

What the fee is for. The fee is paid for software and communications services only. It is not a referral fee, a fee for a recommendation, a division of legal fees, or a payment for any case, client, engagement, or outcome. Nothing you pay us varies with whether any caller becomes your client, with the merits or value of any matter, or with any fee you earn, and we take no interest in any matter. Neither party will characterize this Agreement as a referral or fee-sharing arrangement. If a change to our pricing would make this paragraph untrue, we will not make it without saying so under Section 17.

Fair use. The plan is for a single Firm's own inbound calls and its own website's chat, and is sized for normal use of that kind -- as a guide, up to 100 answered calls and 300 chat conversations a month. We do not meter or cut off calls or chats at those numbers. If your usage is consistently and substantially above it we may contact you to agree terms that fit that volume, and if we cannot agree any we may terminate under Section 8. (There is one published plan; anything above fair use is a conversation, not a tier you can buy today.)

Free trial, and what happens when it ends. New accounts start with their first month free: a 30-day free trial. Every call is included during the trial, with no call limit or metering; the fair-use guide above applies during the trial as it does after it. A valid payment card is required to start the trial and nothing is charged during it. Unless you cancel before the trial ends, your subscription begins automatically on day 31 and the card on file is charged the price shown on our pricing page and in your account, and then charged again at the start of each billing period until you cancel. One trial per firm and per payment card. A trial that was already running when this version took effect keeps the end date it was given when it started, as shown on your Billing page. You can cancel at any time as described in the Cancellation + Refund Policy.

Taxes. Fees are exclusive of sales, use, and similar taxes. You are responsible for any such taxes other than taxes on our net income.

8. Term and termination

These Terms take effect when you accept them and remain in effect while you have an account with us or an active subscription. You may terminate as described in the Cancellation + Refund Policy.

We may terminate or suspend at any time. We may suspend or terminate your access to the Service, in whole or in part, at any time, for any reason or no reason, with or without notice, and without any cure period — including for breach of these Terms, for any use we consider a risk to callers, to us, or to our other customers, or for no stated cause at all. We may also discontinue the Service entirely at any time.

If we terminate without cause, we will refund the unused portion of any fee you have prepaid for the then-current billing period, prorated, as described in the Cancellation + Refund Policy. That refund is your sole and exclusive remedy for any termination, suspension, or discontinuation by us, and we have no other liability for it — including for any call not answered, any lead not captured, or any consequence of your phone line no longer being covered. You are responsible for redirecting your own call forwarding.

9. Data and privacy

Our collection, use, and handling of data — including call recordings, transcripts, chat messages, and intake data — is described in the Privacy Policy and, for data we process on your behalf as your Firm's service provider, the Data Processing Addendum, which is incorporated into these Terms by reference.

10. Intellectual property

We retain all rights to the Service's software, AI prompts and tooling, and underlying technology. You retain all rights to your own Firm's content and client data. The intake script, the hot-case criteria, the consent disclosure and the AI prompts are ours, not yours: they are the same for every Firm, a Firm's workers' compensation, criminal-defense, family-law, other-legal-matter and immigration switches adding only our triggers for those areas, and are covered by the first sentence of this section. The text you write for the agent to say (Section 4) is not part of the intake script: it is your content, and you grant us a license to use it to provide the Service. We grant you a limited, non-exclusive, non-transferable license to use the Service for your Firm's own intake while these Terms are in effect.

11. Third-party services

The Service integrates with third-party providers you connect or that we use to deliver the Service (Stripe, the providers listed as sub-processors in the DPA, and -- only where you choose to connect them -- Clio and a calendar provider). Your use of those providers is governed by their own terms. We are not responsible for their availability, accuracy, security, pricing, or acts or omissions, we make no commitment to work around or mitigate a third-party failure, and a third party's change to or discontinuation of its own service is not a breach of these Terms by us.

12. Disclaimers

THE SERVICE IS PROVIDED BY THE INTAKE GATEWAY PARTIES "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE INTAKE GATEWAY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY PARTICULAR CALL OR CHAT WILL BE ANSWERED, RECORDED, TRANSCRIBED, TRANSFERRED, BOOKED, CORRECTLY QUALIFIED, NOTIFIED TO YOU, EMAILED, TEXTED, SCREENED, OR CORRECTLY IDENTIFIED AS SPAM OR NOT SPAM. WE MAY PAUSE OR LIMIT THE WEBSITE CHAT ON YOUR SITE AT ANY TIME, INCLUDING WHEN ITS USE OR ITS COST TO US EXCEEDS LIMITS WE SET. WE OFFER NO SERVICE-LEVEL COMMITMENT, NO UPTIME GUARANTEE, AND NO SERVICE CREDITS.

If calls stop being answered. When we notice that calls to your Intake Gateway number are not being answered, we may email you and show a notice in your dashboard, and suggest that you point your call forwarding at a phone that rings you directly until we tell you it is fixed. THAT NOTICE IS A COURTESY, NOT A GUARANTEE. WE MAY NOT NOTICE A PROBLEM, AND A NOTICE MAY BE LATE, INCOMPLETE, OR NEVER SENT. SENDING IT, OR NOT SENDING IT, CREATES NO OBLIGATION. AN INTERRUPTION OF THE SERVICE, HOWEVER LONG, DOES NOT BY ITSELF ENTITLE YOU TO ANY REFUND OR SERVICE CREDIT; THE CANCELLATION + REFUND POLICY STATES THE ONLY REFUNDS WE GIVE.

IN PARTICULAR: WE SCREEN CALLS AND CHATS FOR SPAM AND MAY DECIDE NOT TO EMAIL YOU ABOUT A CALL OR CHAT WE JUDGE TO BE SPAM. THAT JUDGEMENT WILL SOMETIMES BE WRONG, AND A CALL OR CHAT WE TREAT AS SPAM MAY BE A REAL PROSPECTIVE CLIENT. YOUR DASHBOARD, NOT THE EMAIL, IS THE RECORD OF THE CALLS AND CHATS WE ANSWERED FOR YOU, AND REVIEWING IT IS YOUR RESPONSIBILITY.

AI output. THE SERVICE RUNS ON AUTOMATED SPEECH AND LANGUAGE MODELS, AND IT CAN MAKE MISTAKES. ITS OUTPUT — INCLUDING WHAT THE AGENT SAYS TO CALLERS DURING A CALL OR WRITES TO VISITORS IN A CHAT, TRANSCRIPTS, SUMMARIES, EXTRACTED INTAKE FIELDS, HOT-CASE DETERMINATIONS AND WHETHER A CALL IS TREATED AS AN EMERGENCY OR AS DANGER — MAY BE INCOMPLETE, INACCURATE, OR FABRICATED, AND MAY MISSTATE WHAT A CALLER OR VISITOR SAID OR WHAT YOUR FIRM OFFERS. YOU MUST INDEPENDENTLY VERIFY WRITTEN OUTPUT BEFORE RELYING ON IT. APART FROM THE FIXED OPENING DISCLOSURE AND THE FIXED CHAT NOTICE, WHAT THE AGENT SAYS TO A CALLER OR WRITES TO A VISITOR CANNOT BE REVIEWED BEFORE IT IS SAID, AND IT IS A COMMUNICATION THE SERVICE MAKES ON YOUR BEHALF, FOR WHICH YOU REMAIN RESPONSIBLE AS SECTION 5 SAYS.

Conflicts and deadlines. THE SERVICE'S CONFLICT CHECK RUNS ONLY WHERE YOU HAVE CONNECTED CLIO. IT IS A CONVENIENCE LOOKUP AGAINST YOUR OWN CONNECTED CLIO DATA AND IS NOT A SUBSTITUTE FOR YOUR FIRM'S OWN CONFLICTS PROCESS. THE SERVICE DOES NOT CALCULATE, TRACK, OR WARN OF ANY STATUTE OF LIMITATIONS, NOTICE-OF-CLAIM PERIOD, OR OTHER LEGAL DEADLINE, AND NOTHING IT PRODUCES MAY BE TREATED AS DOING SO.

WE MAKE NO WARRANTY ABOUT THE OUTCOME OF ANY LEGAL MATTER OR WHETHER ANY CALLER WILL BECOME A CLIENT. YOU ARE RESPONSIBLE FOR REVIEWING CALL OUTCOMES AND FOR YOUR OWN PROFESSIONAL JUDGMENT ON EVERY MATTER THE SERVICE TOUCHES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT AND TERMINATE YOUR SUBSCRIPTION AS DESCRIBED IN THE CANCELLATION + REFUND POLICY.

Your records are your responsibility. WE ARE NOT A BACKUP, ARCHIVE, OR SYSTEM OF RECORD. WE DO NOT WARRANT THAT ANY CALL, CHAT, RECORDING, TRANSCRIPT, INTAKE RECORD, OR DOCUMENT WILL BE RETAINED, RECOVERABLE, OR AVAILABLE FOR ANY PERIOD, AND WE MAY DELETE DATA ON OUR OWN SCHEDULE. YOU ARE RESPONSIBLE FOR KEEPING YOUR OWN COPIES OF ANYTHING YOU NEED.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTE, OR OTHERWISE), NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST CLIENTS OR MATTERS, LOST GOODWILL, OR LOST OR CORRUPTED DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE INTAKE GATEWAY PARTIES' TOTAL LIABILITY, IN THE AGGREGATE FOR ALL CLAIMS COMBINED, WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

No individual liability. No member, manager, officer, employee, contractor, or agent of Intake Gateway LLC has any personal liability to you under or in connection with these Terms or the Service, and you agree not to name any of them in any claim or proceeding.

This limitation does not apply to: (a) your indemnification obligations under Section 14, or (b) either party's gross negligence or willful misconduct.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Intake Gateway Parties from any claim, demand, proceeding, loss, liability, damage, fine, penalty, and reasonable attorneys' fee arising out of or relating to: (a) your violation of your bar's advertising, solicitation, professional responsibility, or unauthorized-practice rules, including any disciplinary or bar proceeding; (b) your failure to supervise the Service consistent with Section 5, or reliance on Service output without the verification Sections 4 and 12 require; (c) the configuration you supply -- the numbers you forward to us, the number and hours you set for transfers, your office details, the callback you promise, the text you write for the agent to say (Section 4), including the questions you add and the referral-source options you list, whether you enable Spanish, whether you switch workers' compensation, criminal defense, family law, other legal matters or immigration on, which kind of business your account is set up as, the mobile number you opt in for text alerts and the websites you place the chat on -- but not the rest of the intake script, the hot-case criteria, the consent disclosure or the chat notice, which are ours and which you cannot edit; (d) any claim brought by or on behalf of a caller, a visitor to your website, a client, or a prospective client of yours, including claims under call-recording, wiretapping, two-party-consent, telephone-consumer- protection, or privacy laws; (e) any claim of legal malpractice, negligence, or breach of fiduciary duty arising out of your representation of, or your decision not to represent, any person, including where the Service was used in connection with that matter; or (f) your violation of these Terms.

What this indemnity does not reach. You are not required to indemnify or defend us against a claim to the extent it is caused by our own gross negligence or willful misconduct.

We will notify you of a claim we seek indemnity for, and you will control its defense and settlement — except that you may not agree to any settlement that imposes an obligation or an admission on us without our written consent, and we may participate with our own counsel at our own expense.

We give no indemnity. We do not indemnify, defend, or hold you harmless against any claim, including any claim that the Service or your use of it infringes a third party's intellectual property or other rights. Our entire liability for any such claim is subject to the limitation in Section 13.

15. Confidentiality

Each party will use a reasonable degree of care to protect confidential information the other gives it, and will use that information only to provide or receive the Service. We may disclose your confidential information to our sub-processors, suppliers, and professional advisers who are bound by confidentiality obligations. For Caller Personal Data the Data Processing Addendum governs and controls over this Section.

Information is not confidential to the extent it is or becomes public through no fault of the receiving party, was already known to the receiving party, is received from a third party without restriction, or is independently developed. Either party may disclose confidential information where required by law or legal process. Where we are legally permitted and practically able to do so, we will notify you before disclosing your confidential information or Caller Personal Data in response to a subpoena, warrant, civil demand or other legal process, so that you may seek protective treatment at your own expense. We have no obligation to oppose, narrow, delay or appeal any such process, to incur any cost in connection with it, or to withhold production beyond any date we are required to produce, and if protective relief is not in place by then we may comply. Neither party is obliged to return or destroy confidential information on termination. Each party may freely use the general knowledge, skills, and experience retained in the unaided memory of its personnel.

Liability for breach of this Section is subject to the limitation in Section 13.

16. Governing law and disputes

These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-laws principles.

Arbitration; class action waiver. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Albuquerque, New Mexico. The arbitrator may conduct the proceeding on the documents alone, or by videoconference, unless the arbitrator determines an in-person hearing is necessary — neither party has to travel to file or defend a claim. Either party may instead bring an individual claim in small claims court.

Costs of arbitration. If your claim is for $25,000 or less, we will pay the AAA's filing, administrative and case-management fees and the arbitrator's compensation, whatever the AAA's rules would otherwise allocate -- unless the arbitrator finds your claim frivolous or brought for an improper purpose, in which case the AAA's rules apply. Each party bears its own attorneys' fees. Above that amount, each party bears its own attorneys' fees and its share of the arbitrator's fees as the AAA rules allocate them, unless the arbitrator decides otherwise.

Disputes must be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding; the arbitrator has no authority to consolidate claims or to preside over any form of representative or class proceeding. If this arbitration or class-action-waiver provision is held unenforceable as to a particular claim, that claim (and only that claim) may be brought in the state or federal courts located in Bernalillo County, New Mexico, and both parties consent to that jurisdiction and venue for that purpose only. The rest of this Section survives.

Time limit on claims. Any claim arising out of or relating to these Terms or the Service must be brought within one year after it first accrues. A claim brought after that is permanently barred, to the maximum extent the law allows.

Jury trial waiver. If any dispute proceeds in court rather than arbitration, each party knowingly and voluntarily waives any right to a trial by jury.

17. Changes to these Terms

We may update these Terms. An update takes effect when we post it here. For a material change, we will also email your account's registered address when it is posted. A change does not apply to a claim that accrued, or a dispute that arose, before it took effect; the Terms in effect at that time govern it. Continued use of the Service after a change takes effect constitutes acceptance; if you do not accept a change, your remedy is to cancel.

18. Miscellaneous

  • Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
  • Force majeure: neither party is liable for delay or failure caused by events outside its reasonable control, except that force majeure does not excuse any obligation to pay fees already due.
  • Severability: if any provision is found unenforceable, the rest of these Terms remain in effect.
  • Survival: Sections 1, 5, 7, 10, 12, 13, 14, 15, 16, 17, 18 and 19 survive termination of these Terms. (Section 1 because the disclaimers and limitations that survive are written to run to the Intake Gateway Parties, which is where that term is defined; Section 7 for fees accrued before termination.)
  • No third-party beneficiaries: these Terms are solely between you and us. No caller, client, prospective client, or other third party has any right, claim, or cause of action under them — except that each of the Intake Gateway Parties may enforce Sections 12, 13, and 14.
  • No agency: the parties are independent contractors. Nothing here creates a partnership, joint venture, employment, or agency relationship, and neither party may bind the other.
  • Notices: we give notice to you by email to your account's registered address, which you agree is sufficient written notice for every purpose under these Terms; you give notice to us at the contact address in Section 19. You are responsible for keeping your registered email address current.
  • Entire agreement: these Terms, together with the documents they incorporate by reference (Privacy Policy, DPA, Cancellation + Refund Policy, and the Master Subscription Agreement), are the entire agreement between the parties regarding the Service.

19. Contact

Questions about these Terms, and any notice you give us under Section 18:

Intake Gateway LLC 1209 Mountain Road Pl NE #5289 Albuquerque, NM 87110 contact@intakegateway.com