Terms of Service

1. Acceptance of Terms

Welcome to Hawthorn LLC. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("you," "your," or "Customer") and Hawthorn LLC ("we," "us," "our," or "Company") governing your access to and use of our websites at hawthornllc.cc and cocallers.com, our AI receptionist platform known as CoCallers, and any related services (collectively, the "Services").

CoCallers is a Doing Business As (DBA) name of Hawthorn LLC. All references to CoCallers in these Terms refer to Hawthorn LLC operating under that trade name.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

2. Description of Service

Hawthorn LLC provides an AI-powered voice receptionist and business management platform designed for service contractors and property managers. The CoCallers platform includes, but is not limited to:

• AI voice agent that answers inbound phone calls, qualifies leads, and books appointments.
• Customer relationship management (CRM) tools.
• Scheduling and calendar management.
• Jobs pipeline and project tracking.
• Invoicing and payment processing via Stripe.
• Outbound AI calling and SMS follow-up.
• Call recording, transcription, and analytics.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

3. Accounts & Registration

To access the CoCallers platform, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your password and account credentials.
• Notify us immediately of any unauthorized use of your account.
• Be at least 18 years of age and legally able to enter into binding contracts.
• Be authorized to act on behalf of any business entity you represent.

You are solely responsible for all activity that occurs under your account.

4. Acceptable Use

You agree not to use the Services to:

• Violate any applicable local, state, national, or international law or regulation.
• Infringe upon the intellectual property rights, privacy, or other rights of any third party.
• Transmit spam, phishing, or unsolicited communications.
• Interfere with, disrupt, or disable the Services or servers connected to the Services.
• Attempt to gain unauthorized access to any portion of the Services, other accounts, or computer systems or networks.
• Use the Services to make robocalls or automated calls in violation of the Telephone Consumer Protection Act (TCPA) or similar laws.
• Reverse engineer, decompile, or disassemble any part of the Services.
• Resell or sublicense the Services without our written consent.

5. Call Recording & Consent

The CoCallers platform records, transcribes, and processes phone calls for the purpose of providing AI receptionist services, quality assurance, and business analytics. It is your responsibility, as the account holder, to comply with all applicable call-recording consent laws in your jurisdiction.

• One-party consent states: Only one party to the call must consent to recording.
• Two-party (all-party) consent states: (e.g., California, Florida, Illinois, Maryland, Massachusetts, etc.) all parties must consent.

CoCallers can be configured to play an automated consent announcement at the start of calls. You are responsible for enabling this feature where required by law. Hawthorn LLC is not liable for your failure to obtain proper consent.

6. Payment & Billing

Paid plans are billed in advance on a recurring basis (monthly, quarterly, or annually, depending on your selected plan). By subscribing, you authorize us to charge your designated payment method through Stripe, our payment processor.

• Plans: Starter ($99/mo), Pro ($299/mo), and Business ($599/mo), plus optional add-ons.
• Talk minutes: Each plan includes a monthly allowance. Overage and top-up minutes are billed separately.
• Taxes: Applicable sales tax may be added based on your jurisdiction.
• Auto-renewal: Subscriptions automatically renew unless cancelled.
• Price changes: We may change pricing with at least 30 days' notice. Existing subscribers are grandfathered at their current rate until renewal.

7. Refunds & Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. We do not issue refunds or credits for partial billing periods, unused minutes, or add-on purchases, except as required by law or at our sole discretion.

If you believe you have been charged in error, contact us at support@cocallers.com within 30 days of the charge.

8. Intellectual Property

The Services, including all software, design, text, graphics, logos, and the CoCallers brand, are the intellectual property of Hawthorn LLC and are protected by U.S. and international copyright, trademark, and other laws.

You retain all rights to the content you upload to the platform (customer data, contacts, call recordings, business information). By using the Services, you grant us a limited license to process this data solely as necessary to provide the Services to you.

9. Your Data & Privacy

Our handling of your personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the data practices described in the Privacy Policy.

10. Disclaimers

The Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Hawthorn LLC does not warrant that the Services will be uninterrupted, error-free, secure, or that AI-generated responses will always be accurate or appropriate. You acknowledge that AI technology may produce incorrect or unexpected results.

11. Limitation of Liability

To the maximum extent permitted by law, in no event shall Hawthorn LLC, its officers, directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

• Loss of profits, revenue, data, or business opportunities.
• Loss of calls, messages, or customer leads.
• Damages resulting from AI errors or misstatements.
• Downtime, service interruptions, or connectivity issues.

Our total aggregate liability for any claim arising out of or relating to these Terms or the Services shall not exceed the amount you paid us in the three (3) months preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Hawthorn LLC and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or relating to:

• Your use of the Services or violation of these Terms.
• Your violation of any law or third-party rights.
• Your failure to obtain proper call-recording consent.
• Content or data you transmit through the platform.

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved in the state or federal courts located in Sacramento County, California, and you consent to the exclusive jurisdiction of these courts.

14. Changes to Terms

We may revise these Terms from time to time. The most current version will always be posted on this page with a revised "Last updated" date. We will notify customers of material changes via email or in-app notice. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

15. Contact

If you have questions about these Terms, please contact us:

• Company: Hawthorn LLC (DBA CoCallers)
• Email: support@cocallers.com
• Phone: (669) 222-2261
• Location: Folsom, California, USA
• Website: hawthornllc.cc

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