Terms of Service
These Terms of Service (the "Terms") are a binding agreement between Polca LLC, a Nebraska limited liability company ("Polca," "we"), and the business entity accepting them (the "Agency," "you"). The Service is offered to businesses only; by creating an account, submitting an order form, or using the Service, the individual accepting represents they have authority to bind the Agency. These Terms contain a binding arbitration clause and class-action waiver (Section 18) and a one-year limitation on claims (Section 17.4).
1. Definitions
"Service" means Polca's hosted platform, including the agency operations platform, branded power dialer, AI appointment-setting assistant, provisioning services, and related support. "Order Form" means any ordering document or online purchase flow referencing these Terms. "Seat" means a subscription assigned to one named individual user. "Agency Content" means data, contacts, recordings, scripts, documents, and other materials you or your users submit to or generate through the Service. "Consumer" means a lead, client, or other individual your Agency contacts or serves through the Service.
2. The Service; what Polca is and is not
2.1 Polca provides software and connectivity for life-insurance agencies: appointment setting, dialing, CRM synchronization, reporting, training, and related tooling.
2.2 Polca is not an insurance producer, agency, broker, or advisor. Polca does not sell insurance, quote premiums, take applications, bind coverage, or give insurance, legal, or compliance advice. All insurance activity is performed solely by your appropriately licensed personnel.
2.3 No compliance guarantee. The Service includes tools that support a compliance program (opt-out enforcement, quiet-hours controls, recording, audit logs). They are tools only. Polca does not warrant that your use of the Service complies with law, and nothing in the Service or our communications is legal advice. Polca will, however, operate the Service materially in accordance with the dialing restrictions, suppression controls, and configurations your Agency selects — a commitment to follow your settings, not a guarantee of legal compliance.
2.4 We may modify features of the Service from time to time, provided we do not materially reduce its core functionality during a paid term.
2.5 Roles on calls. For every campaign and call, the Agency: selects the recipients; determines the purpose and any offer; supplies or approves the configuration and messaging; is the seller and the party on whose behalf calls are placed or answered; and directs Polca's systems to initiate or answer the communication. Polca acts solely as the Agency's technology provider.
3. Accounts, seats & access
3.1 Seats are licensed to named individual users and may not be shared, pooled, rotated among individuals to circumvent fees, or accessed by anyone other than the assigned user. You may reassign a seat to a new individual when a person leaves a role.
3.2 You are responsible for all activity under your account, for maintaining credential confidentiality, and for promptly deactivating users who leave your Agency. You will notify us immediately of suspected unauthorized access.
3.3 You must be, and remain, a validly existing business with all licenses and registrations required for your insurance and telemarketing activities, including any applicable state telemarketer registration or bonding requirements.
4. Fees, billing & taxes
4.1 Seats bill monthly per seat in advance to the payment method on file. Seat additions bill immediately with proration; upgrades take effect immediately with proration; downgrades and cancellations take effect at the end of the current billing period. No refunds or credits for partial periods, except where required by law.
4.2 The one-time agency setup fee covers brand registration, number provisioning, and onboarding, and is earned when provisioning begins. It is waived only as stated in an Order Form or published offer (e.g., annual agreements).
4.3 Annual agreements run for a 12-month term with the pricing stated in the Order Form; prepaid annual terms include the twelfth month at no charge. Unless the Order Form says otherwise, annual agreements renew automatically for successive 12-month terms at then-current rates unless either party gives notice of non-renewal at least 30 days before renewal; we will send a renewal reminder where required by law.
4.4 Prices may change prospectively with at least 30 days' notice, effective at your next monthly period or renewal — never retroactively.
4.5 Late amounts accrue interest at 1.5% per month (or the maximum lawful rate, if lower). You are responsible for our reasonable costs of collection. We may charge a $25 administrative fee for each payment-card chargeback later determined to be invalid.
4.6 Fees are exclusive of taxes; you are responsible for all applicable taxes, duties, and governmental assessments (other than taxes on Polca's income), and for any telecommunications-related taxes, fees, or surcharges attributable to your usage that we are required to collect or pass through, disclosed in advance.
4.7 All payment obligations are non-cancelable and amounts paid are non-refundable except as expressly stated. You may not withhold or set off fees.
5. Telephony, numbers & carrier dependencies
5.1 Call delivery, phone numbers, caller-identity registration, and branded display are provided through third-party carriers and registration authorities. Numbers provisioned for your Agency are licensed for use within the Service, are not your property, and may be rotated, remediated, or reclaimed as required for network reputation management, carrier policy, or non-payment; Polca-provisioned numbers are released after downgrade or termination following a 30-day grace period. Numbers your Agency brings to the Service or separately owns remain yours, subject to the underlying carrier's rules. Porting of Polca-provisioned numbers is handled case-by-case and may be conditioned on carrier policy, fraud review, and payment of outstanding balances.
5.2 Branded caller display depends on carrier and analytics-provider approval and device behavior. We do not guarantee how any given handset, carrier, or spam-analytics vendor will label a call.
5.3 We may suspend or throttle dialing immediately if required by a carrier, registrar, or regulator, or to protect network reputation for you and other customers.
6. AI features
6.1 AI calls are automated, machine-generated conversations conducted under your Agency's name using your configuration. AI output — including conversations, transcripts, summaries, dispositions, and qualification data — is generated automatically and may contain errors or omissions. You will review AI outputs before relying on them for any consequential decision and will supervise AI activity as you would a human appointment setter.
6.2 You are responsible for satisfying any legal requirements applicable to your use of automated, prerecorded, artificial-voice, or AI-assisted calls to your Consumers, including consent, identification, and AI-disclosure requirements in jurisdictions that impose them, and recording-consent requirements (including two-party consent states).
6.3 We may update, substitute, or improve underlying AI models and voices to maintain or improve quality.
6.4 Fair use / capacity management. Flat pricing is subject to reasonable capacity management. We do not bill overages; instead, sustained usage far above typical agency patterns may result in throttling of new outbound AI calls (never disconnection of calls in progress) after notice where practicable.
7. Your compliance responsibilities
You represent, warrant, and covenant that:
- For every Consumer contacted through the Service, you possess the type and scope of consent, permission, exemption, or other lawful basis required for the particular call, technology, purpose, and jurisdiction — including under the TCPA, the Telemarketing Sales Rule, and state telemarketing and "mini-TCPA" statutes — and you will not use the Service to contact purchased, rented, or third-party lists lacking legally sufficient permission (naming your Agency where the law requires named-seller consent);
- You maintain complete, accurate, and retrievable records evidencing consent, lead provenance (source, disclosure displayed, timestamp and associated capture data, and named seller), applicable disclosures, and opt-out activity for at least five (5) years after the applicable call or communication, or longer where required by law;
- You are responsible for screening your lead lists against the National Do Not Call Registry and applicable state registries where your calls require it; the Service's automated suppression enforces opt-outs and DNC states recorded within the platform, not external registries;
- You will promptly transmit to Polca every revocation, do-not-call request, or consent limitation received outside the Service — orally on any call, by callback, through an agent, by text, or through any other reasonable channel — and will ensure connected CRMs and workflows do not reintroduce suppressed Consumers. Polca may treat statements such as "stop," "don't call," or "remove me," and their practical equivalents, as immediate suppression events;
- Your calls will observe applicable calling-hour restrictions and identification requirements;
- All sales activity is conducted by personnel holding all required licenses in each applicable state;
- Your scripts, offers, and statements to Consumers are truthful, substantiated, and lawful;
- Where you enable the AI appointment-setting assistant, you hold prior express written consent from each Consumer to receive telemarketing calls placed with an artificial or prerecorded voice naming your Agency — a higher standard than consent for a live-agent call, and one that consent language written for human dialing frequently does not satisfy. See the Calling & AI Voice Compliance Addendum;
- You screen against the National Do Not Call Registry using data refreshed within the preceding 31 days and against applicable state registries, retain evidence of each screening, take reasonable steps to identify reassigned numbers, and hold every state telemarketer registration, license, or surety bond your calling requires;
- You honor every revocation of consent, however communicated, as soon as practicable and within ten (10) business days, and you do not designate an exclusive method for revoking;
- You will use the Service only as permitted by the Acceptable Use Policy and the Calling & AI Voice Compliance Addendum, each of which is incorporated into these Terms.
Compliance evidence & campaign holds
Polca may, before or during any campaign, request reasonable evidence of the warranties above — including lead-source agreements, consent certificates and capture-page screenshots, consent timestamps and associated IP data, DNC-screening records, scripts and AI configurations, licensing evidence, and recording disclosures — and may suspend or decline dialing for the affected campaign if satisfactory evidence is not provided promptly. Polca's request for, receipt of, or failure to request evidence does not shift responsibility for compliance to Polca.
8. Suspension
We may suspend some or all of the Service immediately, with notice as soon as practicable, if: (a) fees are 10+ days overdue; (b) we reasonably believe your use violates the AUP or law, or creates risk to Consumers, carriers, other customers, or Polca; (c) a carrier, registrar, or authority requires it; or (d) there is a security incident. Where the cause is curable, we will restore service promptly after cure. Suspension does not relieve payment obligations.
9. Agency Content; licenses; feedback
9.1 You retain all rights in Agency Content. You grant Polca a worldwide, non-exclusive license to host, process, transmit, display, and create derivative operational artifacts of Agency Content (e.g., transcripts and summaries) solely to provide, secure, and support the Service, comply with law, and as described in the Privacy Policy and DPA.
9.2 You represent you have all rights and consents necessary to submit Agency Content, including Consumer data.
9.3 If you provide suggestions or feedback, we may use it without restriction or obligation.
9.4 We may use de-identified, aggregated usage data (which does not identify you or any Consumer) to operate, benchmark, and improve the Service.
10. Polca IP; restrictions
The Service, including software, prompts, models' orchestration, designs, and documentation, is Polca's property. You receive only the limited right to use the Service during your subscription. You will not (and will not permit anyone to): copy, modify, or create derivative works of the Service; reverse engineer or attempt to extract source code, models, or prompts; access the Service to build or benchmark a competing product; scrape or bulk-extract data other than your own exports; resell, sublicense, or white-label the Service without a written agreement; remove notices; or use the Service beyond purchased Seats.
11. Confidentiality
Each party will protect the other's non-public information disclosed under this agreement with reasonable care, use it only to perform under these Terms, and not disclose it to third parties except to personnel and contractors under equivalent obligations, or as required by law with prompt notice where lawful. Confidentiality obligations survive for three years after termination (indefinitely for trade secrets).
12. Publicity
We may identify your Agency by name and logo as a customer in customer lists and marketing. Case studies, quotes, or performance figures require your prior consent. You may revoke the name/logo use with written notice, effective within 30 days for new materials.
13. Third-party services
The Service interoperates with third-party services you control or contract for — including GoHighLevel, calendars, and payment providers — and depends on third-party carriers and AI providers. Your use of third-party services is governed by their terms. Polca is not responsible for third-party outages, API changes, data practices, or acts or omissions, and Service commitments are excused to the extent caused by them.
14. Term & termination
14.1 Monthly subscriptions continue until cancelled from the account, effective at period end. Annual agreements run their term (Section 4.3).
14.2 Either party may terminate for material breach uncured 30 days after written notice (10 days for payment breaches). We may terminate immediately for AUP violations creating legal or network risk, or if required by a carrier or authority.
14.3 On termination: access ends; you have a 30-day export window for Agency Content, after which we delete it from production systems (backups age out per schedule); Sections 4 (accrued fees), 9.3–9.4, 10, 11, 15–19, and the DPA's deletion terms survive.
14.4 Retention, for clarity: call recordings are retained approximately 90 days on active accounts (Section 6.1 and the Privacy Policy); transcripts, summaries, and CRM-synced records persist for the life of the account; encrypted backups age out on schedule; and all deletion timelines yield to legal holds we are required to honor, of which we will notify you where lawful.
15. Warranty disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." POLCA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING. POLCA DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, CALL DELIVERABILITY, ANSWER RATES, CALLER-ID DISPLAY, AI ACCURACY, APPOINTMENT VOLUME, SHOW RATES, OR SALES OUTCOMES.
16. Indemnification
16.1 By you. You will defend, indemnify, and hold harmless Polca, its members, managers, employees, and agents from and against any third-party or governmental claim, investigation, fine, or penalty, and resulting damages, costs, and reasonable attorneys' fees, arising out of: (a) your lead sources, consent practices, or list screening; (b) alleged violations of the TCPA, Telemarketing Sales Rule, state telemarketing, DNC, call-recording, or AI-disclosure laws in connection with your use of the Service; (c) your scripts, offers, insurance activity, or licensing; (d) Agency Content; (e) your users' acts or omissions; or (f) your breach of these Terms or the AUP.
16.2 By Polca. Polca will defend you against third-party claims that the Service, as provided by Polca and used as permitted, directly infringes a U.S. patent, copyright, or trademark, and will pay resulting damages finally awarded or settled, provided you give prompt notice and control of the defense to Polca. Polca may procure rights, modify the Service, or terminate the affected Service with a prorated refund as your exclusive remedy. This obligation does not apply to claims arising from Agency Content, third-party services, combinations, or your breach.
17. Limitation of liability
17.1 NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
17.2 POLCA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO THE FEES YOU PAID TO POLCA IN THE THREE (3) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY.
17.3 The exclusions in 17.1 do not apply to your indemnification obligations, your breach of Section 10, or either party's breach of Section 11. The cap in 17.2 does not apply to your payment obligations or your indemnification obligations. An Order Form may state different limits for a specific Agency, in which case the Order Form controls this Section for that Agency.
17.4 Claims period. Any claim must be brought within one (1) year after the claim accrues, or it is permanently barred.
18. Dispute resolution; arbitration; class waiver
18.1 The parties will first attempt in good faith to resolve any dispute informally within 30 days of written notice to legal@polca.ai.
18.2 Binding arbitration. Any dispute not resolved informally will be finally resolved by confidential, binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by one arbitrator, seated in Omaha, Nebraska (with remote proceedings permitted). Judgment may be entered in any court of competent jurisdiction.
18.3 CLASS WAIVER. ALL DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS.
18.4 Exceptions: either party may bring an individual claim in small-claims court, and either party may seek temporary injunctive relief in court for misuse of IP or Confidential Information (Sections 10–11).
18.5 JURY WAIVER. FOR ANY DISPUTE PROCEEDING IN COURT, BOTH PARTIES WAIVE TRIAL BY JURY.
19. General
Governing law: Nebraska, excluding conflicts rules; venue for permitted court actions is Douglas County, Nebraska. Force majeure: neither party is liable for delay or failure caused by events beyond reasonable control (including carrier or utility failures, internet disturbances, government action, labor events, epidemics). Assignment: you may not assign these Terms without our consent; Polca may assign them in connection with a merger, acquisition, or sale of assets. Notices: to you at your account email; to Polca at legal@polca.ai. Relationship: independent contractors; no third-party beneficiaries except Polca affiliates for protective provisions. Severability; waiver: unenforceable provisions are modified to the minimum extent necessary; failure to enforce is not waiver. Entire agreement: these Terms, the AUP, Privacy Policy, DPA, and Order Forms are the entire agreement and supersede prior discussions; conflicting terms in your purchase documents are rejected. Changes: we may update these Terms prospectively with 30 days' notice for material changes; continued use after the effective date is acceptance.