Terms of Service

Protect and Assist, LLC - Terms of Service

Effective Date: August 16, 2026
Last updated: October 12, 2026 (who these Terms cover: Sections 2.3, 2.4, 8.2, 15, 16, 17 and 18.6)
Company: Protect and Assist, LLC ("Protect & Assist," "we," "us," "our")
Address: 5900 Balcones Drive, Austin, Texas, 78731, USA
Support: Support@protectandassist.com
Governing Law / Venue: Texas (see Section 18)

1) Acceptance of These Terms

By creating an account, clicking "I agree," purchasing a plan, using the Protect & Assist website, portal, mobile app, phone numbers, or any related services (collectively, the "Services"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Services.

If you are using the Services on behalf of an entity, you represent you have authority to bind that entity, and "you" includes that entity.

If you set up or manage the Services for someone else, you also accept these Terms for them (Section 2.3).

2) Who May Use the Services; Authority for Protected Persons

2.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract.

2.2 Caregiver / Family Use; "Protected Person" Authorization

Some features are designed to protect or assist a third party (e.g., an older adult) (the "Protected Person"). You represent and warrant that you have all necessary rights, permissions, and lawful authority to:

• configure call forwarding and device settings on the Protected Person's phone/line;
• receive notifications, call summaries, transcripts, and account information related to the Protected Person;
• upload screenshots, contact lists, instructions, and other data associated with the Protected Person;
• connect the Protect & Assist app on the Protected Person's phone and change its settings; and
• enable call screening, call routing, recording, monitoring, or call interruption features, as applicable.

If you do not have this authority, you must not use the Services for that Protected Person.

2.3 You Accept These Terms for the Protected Person

When you set up or manage the Services for a Protected Person, you accept these Terms for them, as their authorized representative, as well as for yourself. Their use of the Services, including the Protect & Assist app on their phone, is governed by these Terms, and Sections 15 through 18 apply to any claim they bring in the same way as to a claim you bring. You agree to:

• tell the Protected Person (or anyone with legal authority to act for them, such as an agent under a power of attorney or a guardian) that the Services are in use and that these Terms apply;
• keep the authority described in Section 2.2 for as long as the Services are in use for them; and
• stop using the Services for them, and tell us, if they or anyone with legal authority for them objects, or if your authority ends.

Anyone who connects the Protect & Assist app on a phone with a pairing code also accepts these Terms.

2.4 Family Members and Caregivers You Invite

People you invite to your account ("Authorized Users") must accept these Terms before they use the Services. You are responsible for their use of the Services, and for making sure they are allowed to receive information about the Protected Person.

3) Definitions

• "Protected Person": the person the Services are set up to protect or assist, such as an older parent (Section 2.2).
• "Authorized User": a family member or caregiver invited to your account (Section 2.4).
• "Caller": anyone who calls a Protected Number or the Protected Person, or who is called or reached through the Services.
• "Protected Number": a telephone number assigned/provisioned for use with the Services (may be provisioned via a third-party carrier/provider).
• "Forward-To Number": the destination number where calls may be routed (e.g., caregiver phone, Protected Person phone, landline, etc.).
• "Call Screening": pre-connection call handling that may include automated prompts, caller questions, caller identification, and allow/deny logic.
• "In-Call Protection": optional plan features that may analyze live calls for risk signals and may alert, interrupt, or terminate calls based on settings.
• "Content": any data you submit or the Services process, including call audio, recordings, transcripts, screenshots, messages, medication/care information, tasks, and settings.
• "Third-Party Services": providers we rely on for infrastructure (e.g., telecom providers such as Telnyx, hosting, analytics, payment processing).

4) Service Description

Protect & Assist provides software and call-handling tools intended to reduce unwanted calls and support caregivers and Protected Persons. Depending on plan and configuration, Services may include:

• call routing and call forwarding workflows;
• allowlists/denylists and screening experiences;
• scam-risk detection and alerts;
• plan-dependent in-call monitoring/protection features;
• portal access to logs, call summaries, tasks, and care features;
• optional care plan features (e.g., medication instruction storage, reminders, and task support), which may be plan-dependent.

Important: The Services are not a guaranteed scam prevention service. See Sections 8 and 15.

5) Plans, Trials, and Feature Availability

Features vary by plan and may depend on carrier support, device settings, and third-party availability. We may add, change, or remove features at any time. We will try to provide reasonable notice for material changes, but you acknowledge the Services may evolve.

Certain features are labeled beta/experimental and may be less reliable (Section 14).

6) Setup Requirements and Your Responsibility

6.1 Your Responsibility for Implementation

You are solely responsible for correctly implementing and maintaining any setup steps, including but not limited to:

• enabling and maintaining carrier call forwarding;
• enabling or disabling device-level features (Do Not Disturb, "Silence Unknown Callers," call screening features, carrier spam filtering);
• ensuring the Protected Number and Forward-To Number are correct;
• ensuring your device, carrier, and plan support the desired behavior;
• ensuring power, connectivity, and device settings are not preventing calls from routing as intended.

If the Services do not work as expected due to device/carrier settings, forwarding misconfiguration, number changes, OS behavior, or third-party constraints, that is not a breach by Protect & Assist.

6.2 No Guarantee of Compatibility

We do not guarantee compatibility with all phones, carriers, landlines, VOIP providers, or configurations. Compatibility may change as carriers or OS vendors update their systems.

6.3 You Are Responsible for Verifying Protection

You must test your setup periodically. You are responsible for confirming that forwarding/routing is operational and that your selected rules are appropriate.

7) Telecom, Call Routing, and Phone Numbers

7.1 Third-Party Telecom Provider

Protect & Assist may use third-party telecom providers (e.g., Telnyx) to provision numbers and route calls. We do not control those providers and are not responsible for outages, provisioning limitations, carrier policy changes, quality issues, or number availability.

7.2 Number Provisioning, Ownership, and Changes

Protected Numbers may be assigned, re-assigned, changed, or reclaimed by telecom providers due to regulatory or operational requirements. We do not guarantee a particular number will remain available indefinitely.

7.3 Call Delivery and Caller ID

Call completion, call quality, caller ID display, and spam labels are controlled by carriers and OS vendors. We do not guarantee call delivery or that calls will appear with expected caller ID.

7.4 Emergency Services

The Services are not a replacement for emergency services. Do not rely on Protect & Assist for emergency calling, dispatch, or medical emergencies. If you need emergency assistance, call 911 (or your local emergency number).

8) Call Screening, Monitoring, Recording, Transcripts (Consent + Compliance)

8.1 Consent to Process Calls

By using the Services, you consent to call handling that may include screening prompts, call routing, call analysis, and storage of call metadata.

8.2 Recording and Transcript Consent (You Are Responsible)

Depending on plan/settings, calls may be recorded and/or transcribed. You are solely responsible for compliance with all applicable laws regarding:

• call recording consent (including two-party consent jurisdictions),
• notice requirements,
• lawful monitoring,
• and any restrictions for Protected Persons, callers, or recipients.

We may provide configurable announcements or consent prompts, but we do not guarantee compliance in your jurisdiction. If you are unsure, disable recording/transcription features and consult counsel.

You decide whether calls are recorded (for example, with the "Record calls" setting), and calls are recorded, transcribed, and analyzed on your behalf and at your direction. Callers are not parties to these Terms. You are responsible for any claim a Caller brings about the recording, transcription, monitoring, or analysis of calls on a line you set up or manage (see Section 17).

8.3 In-Call Protection Actions

On supported plans, you may enable features that can generate alerts, interrupt, or terminate calls based on risk signals and your settings. You acknowledge:

• legitimate calls may be interrupted or blocked; and
• scammers may still bypass screening.

9) Care Plan, Medication Information, Reminders (No Medical Advice)

If your plan includes care plan features (medication instruction storage, reminders, and task support):

• The Services are informational and organizational only and do not provide medical advice.
• You are responsible for verifying medication instructions with a licensed professional.
• Reminders are not guaranteed to be delivered or received on time due to carrier/device/network factors.
• Do not use reminders for time-critical or emergency medical situations.

10) User Content; License to Use Content

You retain ownership of your Content. You grant Protect & Assist a worldwide, non-exclusive license to host, store, reproduce, process, analyze, and display Content solely to provide, secure, and improve the Services (including to detect abuse, troubleshoot, and develop features), and to comply with law.

You represent you have rights to submit Content and that it does not violate law or third-party rights.

11) Acceptable Use; Prohibited Conduct

You agree not to:

• use the Services to violate laws, including surveillance, wiretapping, or harassment laws;
• record or monitor calls without required consent;
• misrepresent identity or impersonate others;
• reverse engineer, scrape, or attack the Services;
• use the Services to spam, place illegal robocalls, or facilitate fraud.

We may suspend or terminate accounts for suspected abuse.

12) Communications (Email, Calls, Push, Text Messages)

You consent to receive operational communications from us related to your account by email, phone calls, and push notifications (if available). You may opt out of marketing communications, but you may still receive transactional emails and notices (billing, security, service notices).

Text messages (SMS) are separate and optional. We send text alerts only to mobile numbers that have been signed up for them, either with the text-alert checkbox in the Services or by texting START from that phone. Only the person who uses a mobile number may sign it up. Accepting these Terms does not sign you up for text messages, and signing up is not a condition of purchase. Message frequency varies, and message and data rates may apply. Reply STOP to stop texts and HELP for help. The text alert program's terms are on our Text Alerts page, and our Privacy Policy applies.

13) Billing, Auto-Renewal, Cancellations, Refunds

13.1 Subscriptions and Auto-Renewal

Subscriptions automatically renew unless canceled. You authorize us (and our payment processor) to charge recurring fees and applicable taxes.

13.2 Cancellation

You can cancel via the portal or by contacting support. Cancellation generally takes effect at the end of the current billing period unless otherwise stated.

13.3 Refunds

Unless required by law or explicitly stated in writing, payments are non-refundable. If you experience a provisioning issue, contact support; we may provide credits at our discretion, but we do not guarantee credits or refunds.

14) Beta Features; No Reliance

Some features may be marked beta or experimental, including AI-based analysis, transcripts, screenshot interpretation, or call interruption logic. You acknowledge beta features may be inaccurate, incomplete, or unavailable and should not be solely relied upon for safety or decision-making.

15) Disclaimers (No Warranty; Not Guaranteed Protection)

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WE DO NOT WARRANT THAT THE SERVICES WILL PREVENT SCAMS, BLOCK ALL UNWANTED CALLS, IDENTIFY ALL RISKS, OR OPERATE WITHOUT INTERRUPTION OR ERROR.
• WE DO NOT WARRANT CALL COMPLETION, CALL QUALITY, OR COMPATIBILITY WITH ALL DEVICES/CARRIERS/CONFIGURATIONS.
• YOU ARE SOLELY RESPONSIBLE FOR YOUR IMPLEMENTATION, SETTINGS, AND USE OF THE SERVICES.

We are not an insurer. Our fees are based on the value of the Services, not on the value of anything that could be lost to a scam, a missed call, or a missed reminder, and not on the risk of injury. You and the Protected Person are responsible for getting any insurance you want for those risks.

16) Limitation of Liability and Recovery

16.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROTECT & ASSIST AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY.

16.2 Cap on Damages (Maximum "Reward")

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, COMBINED, BY YOU, ANY PROTECTED PERSON, ANY AUTHORIZED USER, AND ANYONE CLAIMING THROUGH ANY OF THEM (SUCH AS AN HEIR OR AN ESTATE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, WILL NOT EXCEED THE TOTAL AMOUNTS PAID TO PROTECT & ASSIST FOR THE SERVICES ON YOUR ACCOUNT IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM.

16.3 Exclusive Remedy

YOUR EXCLUSIVE REMEDY, AND THAT OF ANY PROTECTED PERSON OR AUTHORIZED USER, IS TO STOP USING THE SERVICES AND, IF APPLICABLE, CANCEL THE SUBSCRIPTION.

16.4 Time Limit to Bring Claims

TO THE EXTENT PERMITTED BY LAW, ANY CLAIM, WHETHER BROUGHT BY YOU, A PROTECTED PERSON, OR AN AUTHORIZED USER, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER IT ARISES, OR IT IS PERMANENTLY BARRED.

16.5 Release

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU, FOR YOURSELF AND FOR EACH PROTECTED PERSON AND AUTHORIZED USER ON YOUR ACCOUNT, RELEASE PROTECT & ASSIST AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SUPPLIERS FROM ALL CLAIMS FOR LOSS, DAMAGE, OR INJURY ARISING FROM: A CALL, MESSAGE, OR SCAM THAT THE SERVICES DID NOT SCREEN, BLOCK, FLAG, OR END; A CALL THAT THE SERVICES SCREENED, INTERRUPTED, BLOCKED, OR ENDED; OR AN ALERT, REMINDER, TRANSCRIPT, OR AI SUMMARY THAT WAS LATE, INACCURATE, OR NOT SENT OR RECEIVED, INCLUDING CLAIMS ARISING FROM OUR NEGLIGENCE. YOU ALSO WAIVE ANY RIGHT OF SUBROGATION THAT YOUR INSURERS MAY HAVE AGAINST US FOR THOSE CLAIMS. THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, OR WHERE THE LAW DOES NOT ALLOW IT.

Some jurisdictions do not allow certain limitations; in that case, limitations apply to the fullest extent permitted.

17) Indemnification

You agree to defend, indemnify, and hold harmless Protect & Assist and its owners, officers, employees, contractors, affiliates, and suppliers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• your (or your Authorized Users') use or misuse of the Services;
• your setup, configuration, or failure to maintain call forwarding/device settings;
• your Content, including screenshots, recordings, care plan data, or instructions;
• any allegation that you lacked authority or consent from the Protected Person or any Caller;
• any claim by a Protected Person, an Authorized User, a Caller, or anyone claiming through any of them (such as an heir or an estate) about the Services on a line or account you set up or manage, including a call that was or was not screened, blocked, interrupted, ended, recorded, transcribed, or analyzed, and an alert or reminder that was or was not sent or received;
• any violation of law (including call recording, consent, TCPA, or privacy laws);
• disputes between you and any Protected Person, Caller, caregiver, or third party.

YOUR DUTY TO DEFEND AND INDEMNIFY APPLIES EVEN IF THE CLAIM ALLEGES THAT PROTECT & ASSIST, OR ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR SUPPLIERS, WERE NEGLIGENT OR THAT THE SERVICES WERE DEFECTIVE, IN WHOLE OR IN PART. IT DOES NOT APPLY TO THE EXTENT A CLAIM WAS CAUSED BY OUR GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, OR WHERE THE LAW DOES NOT ALLOW IT.

We may assume control of the defense at our option, and you agree to cooperate.

18) Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS.

18.1 Informal Resolution First

Before filing a claim, you agree to contact us at Support@protectandassist.com with a description of the issue and allow at least 30 days to attempt resolution.

18.2 Binding Arbitration

If we can't resolve the dispute informally, you and Protect & Assist agree to resolve any dispute arising out of or relating to these Terms or the Services through binding arbitration, rather than in court, except as stated below.

• Arbitration Provider: AAA (American Arbitration Association)
• Rules: AAA Consumer Arbitration Rules, as applicable
• Seat / Location: Travis County, Texas (or remote/video at arbitrator's discretion)
• Language: English

18.3 Exceptions

Either party may bring:

• individual claims in small claims court, if eligible; and
• claims for injunctive relief related to intellectual property or unauthorized access/security issues.

18.4 Class Action Waiver

YOU AND PROTECT & ASSIST AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

18.5 Arbitration Costs

Arbitration fees are allocated per the provider rules, subject to applicable law. The arbitrator may award fees only as permitted by law and rules.

18.6 Who This Section Covers

This Section 18, including the class action waiver, also applies to any claim by or against a Protected Person, an Authorized User, or anyone claiming through any of them (such as an heir or an estate), to the extent the law allows.

19) Privacy; Data Processing

Your use of the Services is also governed by our Privacy Policy: View Privacy Policy. You consent to collection and processing of data as described there, including processing of call metadata, call audio/transcripts (if enabled), screenshots, and account settings to provide and improve the Services.

20) Intellectual Property

Protect & Assist retains all rights in the Services, software, branding, and related IP. You receive a limited, non-exclusive, non-transferable license to use the Services for your internal/personal use consistent with these Terms.

21) Suspension and Termination

We may suspend or terminate access immediately if we reasonably believe:

• you violated these Terms,
• your use presents a security/legal risk,
• your use threatens harm or abuse, or
• required by law or a third party provider.

Upon termination, your right to use the Services ends. Certain data may be deleted per our retention policies (see Privacy Policy).

22) Changes to These Terms

We may update these Terms. If changes are material, we will provide reasonable notice (e.g., by email or in the portal). Continued use after the effective date means you accept the updated Terms.

23) Miscellaneous

• Force Majeure: We are not liable for delays or failures due to events beyond our control (carrier outages, internet outages, acts of God, government actions, etc.).
• Assignment: You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger/sale.
• Severability: If any provision is unenforceable, the remainder remains in effect.
• No Waiver: Failure to enforce a provision is not a waiver.
• Entire Agreement: These Terms + Privacy Policy + any plan descriptions constitute the entire agreement.