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TERMS OF SERVICE

Last updated October 4, 2026

These Terms of Service ("Terms") are a binding contract between you and Marvin Here, LLC ("Marvin," "we," "us," or "our") and govern your use of Marvin, our AI receptionist, and our related services. By creating an account, onboarding, or otherwise using our services, you agree to these Terms.

Questions about these Terms? Contact us at hello@marvinhere.com.

1. Eligibility and acceptance

To use our services you must (a) be at least 18 years of age, (b) use the services only where lawful, and (c) have read and agree to these Terms. If you are using the services on behalf of a business or other entity, you represent that you are authorized to bind that entity to these Terms. If you do not agree with these Terms, do not use our services.

2. The service

Marvin is an AI receptionist for small businesses. Our services include (a) Marvin answering your business calls, taking messages, booking appointments, and handling routine caller requests ("AI Receptionist"), (b) our web application and dashboard at app.marvinhere.com, including onboarding ("Application"), and (c) this website and any other sites we operate (collectively, with the AI Receptionist and Application, the "Services").

Marvin learns your business from information you provide during onboarding, such as your website, business listings, documents, and settings ("Business Data"), and from your interactions with the Services.

3. Your account

To use the Services, create an account and complete onboarding. You agree to (a) provide true, complete, and current information, (b) keep your login credentials confidential, (c) maintain a valid email address and phone number on your account, and (d) notify us promptly of any unauthorized access. You are responsible for all activity under your account. We may disable credentials at any time if we believe these Terms have been violated.

4. Subscriptions and billing

The Services are offered on a subscription basis. Plan names, included call minutes, features, and prices are posted on our pricing page. Billing begins when you subscribe and renews automatically each billing period (monthly or annual, as you select) until you cancel.

  • Cancel anytime. You may cancel through your account dashboard or by contacting us. Cancellation takes effect at the end of the then-current billing period.
  • Payment. You authorize us and our payment processor, Stripe, to charge your payment method for plan fees, applicable taxes, and any overage or add-on fees you incur. Payment processing is subject to Stripe's terms. We do not store your full payment credentials.
  • Refunds. Except where required by law, fees are nonrefundable, and there are no refunds or credits for partial billing periods.
  • Price changes. We may change plan prices or features with at least 30 days' notice. Continued use after the change takes effect constitutes acceptance.

5. Acceptable use

You agree not to use the Services to (a) violate any law or regulation, including laws governing call recording consent, telemarketing, text messaging (such as the TCPA and CAN-SPAM Act), and privacy, (b) transmit unlawful, defamatory, obscene, harassing, or hateful content, (c) defraud, impersonate, or mislead anyone, (d) interfere with or disrupt the Services, probe or breach their security, or transmit malware, (e) copy, reverse engineer, or create derivative works of the Services, except as permitted by law, (f) resell, sublicense, or rent access to the Services without our written consent, or (g) use the Services to process health information subject to HIPAA unless we have agreed in a separate written agreement.

You are solely responsible for (i) giving legally required notices and obtaining consent from your callers, including for any recording, AI interaction, or text messages, (ii) the accuracy and lawful collection of Business Data you provide, and (iii) your products, services, appointments, and transactions with your own customers. Marvin is not a party to agreements between you and your customers.

6. Your data

As between you and us, your Business Data and the content of your calls, messages, and appointments ("Your Data") belong to you. You grant us a worldwide, non-exclusive, royalty-free license to use, process, and create de-identified or aggregated derivatives of Your Data to provide, maintain, and improve the Services, including training and evaluating the AI models that power them. You represent that you have all rights necessary to grant this license and that Your Data does not violate any law or third-party right. You are responsible for backing up Your Data.

7. AI disclaimer

Marvin is powered by artificial intelligence, including third-party AI providers. AI-generated responses may be inaccurate, incomplete, or inappropriate. You are responsible for reviewing how Marvin handles your calls and for confirming that its behavior is appropriate for your business. Do not rely on Marvin for decisions with legal, medical, financial, or similarly significant consequences without human review. Outputs do not represent our views.

8. Third-party services

The Services integrate with third-party services you choose to connect, such as Google (for calendar and business information) and Stripe (for payments). Your use of those services is governed by their own terms, including the Google API Services User Data Policy. We are not responsible for third-party services.

9. Our intellectual property

The Services, including our software, models, prompts, designs, logos, and the Marvin name and robot mark ("Marvin Property"), are owned by or licensed to us and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access the Services under your subscription. Nothing in these Terms transfers any ownership to you. Do not copy, imitate, or use our marks without prior written permission. If you send us feedback, you grant us a royalty-free, perpetual, irrevocable license to use it without restriction or compensation.

10. Privacy

Our Privacy Notice explains how we collect, use, and share personal information. By using the Services, you acknowledge you have read it.

11. Warranty disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT MARVIN WILL UNDERSTAND EVERY CALLER OR BOOK EVERY APPOINTMENT CORRECTLY.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, OR DATA, ARISING FROM THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

13. Indemnification

You agree to defend, indemnify, and hold harmless Marvin Here, LLC and its officers, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Services, Your Data, your violation of these Terms, or your violation of any law or third-party right.

14. Termination

You may stop using the Services and cancel at any time under Section 4. We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms or for any other reason. Upon termination, your license ends and we may delete your account data per our Privacy Notice. Sections 6 through 16 survive termination.

15. Dispute resolution

Please read this section carefully. It requires binding arbitration and waives class actions.

  • Informal resolution first. Before filing a claim, contact us at hello@marvinhere.com so we can try to resolve the dispute informally.
  • Binding arbitration. Any dispute arising from these Terms or the Services will be resolved exclusively by final and binding arbitration on an individual basis, rather than in court, under the rules of the American Arbitration Association. You and we each waive the right to a jury trial.
  • Class action waiver. You may bring claims only in your individual capacity, not as a plaintiff or class member in any class, consolidated, or representative proceeding.
  • Governing law. These Terms are governed by the laws of California, without regard to conflict-of-law rules, and applicable U.S. federal law.

16. General

These Terms, with the Privacy Notice and any plan terms presented at checkout, are the entire agreement between you and us regarding the Services. If any provision is held invalid, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely. We may update these Terms by posting a revised version with a new "Last updated" date; material changes take effect 30 days after posting, and continued use constitutes acceptance. Notices to you may be sent to your account email.

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