Terms of Service

1. About these terms

These terms are an agreement between you — the business that signs up for Wakeman — and Fabricate, LLC, a Delaware limited liability company. Wakeman is a product of Fabricate, LLC. In these terms, “Wakeman”, “we”, “us” and “our” mean Fabricate, LLC, and “you” means the business.

By creating an account or using Wakeman, you agree to these terms. If you accept them for a business, you confirm that you are allowed to do that for it.

These pages are part of these terms: our Privacy Policy (wakeman.ai/legal/privacy), how we handle call recording (wakeman.ai/legal/recording), and how we ask before we text (wakeman.ai/legal/sms-consent).

2. What Wakeman does

Wakeman answers calls to your business, in your business's name. It takes down the caller's details, sorts how urgent the job is, and can arrange an appointment or a callback. It can text callers who agree, and it tries to alert your on-call person when a caller describes a possible emergency. You see each call in your dashboard.

By default, Wakeman takes appointment requests for you to confirm. If you turn on calendar booking, Wakeman can book appointments itself, and confirmed jobs can be sent to Jobber, or put on your Google or Outlook calendar, if you connect one. A job sent to Jobber includes the caller's details, a summary of the call, and a link to the call recording. A job put on your calendar includes the caller's details and a link to the call in your dashboard. If you add a web address on Where jobs go, such as one from Zapier, Wakeman sends it each call it answers and each new job or request, with the caller's details and a summary of the call but never the recording or the transcript; you choose that software and are responsible for what happens to the information there.

The times Wakeman offers come from the hours and bookings you set in Wakeman and, if you connect Jobber or a calendar, from the times already taken there. If Wakeman can't read that schedule when a caller asks, it takes a request instead of offering a time. It can only see what is on the schedule you connected, so keep the jobs you want it to work around there.

If you turn on Quote follow-ups in Setup, Wakeman emails the customers you quote, in your business's name: at most two short emails about each quote, about two and ten days after it, the same few lines every time and never a price. Each email carries the postal address you give us, which must be a real mailing address for your business. Only add a customer's email address if they gave it to you or emailed you, and only where you may email them about the quote. The emails stop when the customer replies, calls or texts a number Wakeman answers for you, or unsubscribes, and when you mark the quote won or lost. Once an address unsubscribes, we never email it about a quote from you again. You can turn Quote follow-ups off at any time.

3. Who may use Wakeman

Wakeman is for home-services businesses in the United States. You must be at least 18, and able to agree to these terms for your business.

Wakeman is for inbound calls to your own business phone number. Do not use it for outbound marketing calls, texts or emails.

4. Your account

Give us accurate information, and keep it up to date. Keep your sign-in details safe. You are responsible for what happens in your account, including what the people you invite do.

Keep what you tell Wakeman accurate: what work you do and don't do, where you go, your hours, and your prices. Wakeman says what you tell it to say.

Keep someone reachable as your on-call contact. An account cannot go live without one.

Only add a customer list of people your business has done work for, that you're allowed to use. Wakeman shows you who on it is due for yearly work and writes a text for you, but never sends it: if you text them, you send it from your own phone, and the rules on texting your customers are yours to follow.

5. Free trial

Your free trial lasts 14 days or 500 minutes of answering, whichever comes first. The 14 days start with the first call forwarded to Wakeman.

With a card. When signing up asks for a card, including an account prepared with our AI on a call or in chat, you use the secure setup page to choose a plan and add one, and nothing is charged that day. Unless you cancel, your plan starts when your 14 days end: we charge your card the plan's price, plus any tax, and then every month, or every year on a yearly plan, until you cancel. We email you a week before the first charge, and email and text you 3 days and 1 day before it. Until then you can change the plan or the card, or cancel, in your account, without calling anyone. If you cancel, nothing is charged, and Wakeman answers until the trial ends.

If your 500 minutes run out before your 14 days end, Wakeman stops answering until your plan starts. You can start it early in your account, and your card is charged that day.

Without a card. If your existing account did not require a card, we previously promised you a no-card trial, or your trial started before sign-up asked for a card, there is no card on your trial, and nothing is charged unless you choose a plan.

When a trial without a card ends, Wakeman stops answering unless you have chosen a plan, and new calls ring your on-call phone instead. If your account has no phone Wakeman can safely pass calls to — for example, when your on-call number is the same line you forwarded to Wakeman — Wakeman keeps answering instead during the hours Wakeman would answer, up to 30 minutes in any 30 days, and we do not charge you for those calls. Otherwise, callers are asked to contact your business directly.

We may extend a trial at our discretion — for example, a trial that ends with nothing booked may be given more free days, once. We do not promise an extension.

On a trial without a card, if you choose a plan with more than two days of your trial left, the first charge comes when the free days end. Closer to the end of the trial, or after it, you are charged when you choose the plan.

6. Plans and minutes

Plans are paid monthly, or yearly for ten times the monthly price. Either way, each plan includes a number of answering minutes each month, and minutes beyond that are charged at the plan's per-minute rate, monthly. The current plans are:

• Starter: $49 a month or $490 a year, 100 minutes included each month, then 45¢ a minute.
• Pro: $149 a month or $1,490 a year, 500 minutes included each month, then 35¢ a minute.
• Max: $399 a month or $3,990 a year, 1,500 minutes included each month, then 29¢ a minute.

Prices are shown on our pricing page (wakeman.ai/pricing) and at checkout. Billable calls are the calls Wakeman answers and, if you turn on request callbacks, the calls it makes back to people who ask for one. Each billable call is rounded up to a whole minute. Included minutes reset each month and do not roll over. Calls we identify as spam are not billed.

You can change a monthly plan from your dashboard. Moving to a higher plan starts a new monthly period that day: you are charged the new plan's monthly price, less a credit for the unused days of your old plan, and minutes you have already used are billed as usual. Moving to a lower plan takes effect that day without a refund for the current month, and the lower price applies from your next renewal.

To change a yearly plan, or to move between monthly and yearly, email info@wakeman.ai. We make the change and credit the unused part of what you have paid toward the new plan.

If you run Wakeman at three or more locations, each location as its own account, every location's bill is 10% lower from 3 locations, 15% lower from 10 and 20% lower from 25. The discount applies to the plan price and to extra minutes. Ask us to set it up; it applies from the next bill after we do.

If we change the price of your plan, we will tell you by email before the new price applies to you, and you can cancel before it does.

7. Monthly spending limit

You set a monthly spending limit. It is checked after each call ends. The call that crosses the limit, and any calls already in progress, can finish, so you may go a little over it. Once the limit is reached, new calls ring your mobile instead of Wakeman until the next month or until you raise the limit. If your account has no phone Wakeman can safely pass calls to — for example, when your mobile is the same line you forwarded to Wakeman — Wakeman keeps answering rather than leave a caller with nobody, during the hours Wakeman would answer and up to 30 minutes in any 30 days, and we do not charge you for those calls. Otherwise, callers are asked to contact your business directly.

On a yearly plan, the plan price is paid once a year, so the monthly limit applies to the extra minutes billed each month.

If the limit you set during the trial is at or below your plan's monthly price when you subscribe, we raise it to that price plus 50%, rounded up to the nearest $50. A limit at or below the plan price would be used up before the first call. Taxes are not counted toward the limit.

8. Billing and taxes

Payments are handled by our payment processor, Stripe. Your plan is charged at the start of each monthly period, or of each year on a yearly plan. Minutes beyond your plan's included minutes are charged at the end of the period in which you used them.

Prices do not include taxes. Any tax that applies is added to your bill.

You authorise us, through Stripe, to charge your payment method for your plan, extra minutes and taxes when they are due.

If a payment fails, Stripe tries it again and we tell you by email and text. Wakeman keeps answering, within your spending limit, for 7 days after the first failed payment. After that, AI answering pauses until the payment goes through, the same as at your spending limit: new calls ring your phone instead or, if your account has no phone Wakeman can safely pass calls to, Wakeman answers them free during the hours Wakeman would answer, up to 30 minutes in any 30 days, and otherwise callers are asked to contact your business directly. Once the payment goes through, the pause lifts straight away.

9. 30-day money-back on your first payment

If you are not happy with Wakeman, email info@wakeman.ai within 30 days of your first plan payment, and we will refund that first payment in full.

This applies once per business, and only to the first plan payment. It does not cover charges for extra minutes or later months, unless the law requires otherwise.

10. Cancelling

You can cancel a monthly plan at any time yourself, in the billing portal, without calling anyone. Cancelling takes effect at the end of your current monthly period. Wakeman keeps answering until then. Apart from the money-back offer above, we do not refund part-months.

You can turn off a yearly plan's renewal at any time yourself, on your billing page. The plan then ends at the end of the year you have paid for, and Wakeman keeps answering until then. If you cancel within 30 days of a yearly charge, we refund the months of that year that have not started. After 30 days, apart from the money-back offer above, we do not refund the rest of the year.

Your own business number is yours, and always was. We never take it over when you sign up, so leaving is easy. If you forwarded your number to Wakeman, turn the forwarding off when you leave. A phone number we gave you belongs to us.

Before you leave, you can download your call log from your dashboard. To have your account's data deleted, email info@wakeman.ai.

11. The AI and recording notice

Wakeman opens each call it answers with your business's name and then tells the caller that they are speaking with an AI assistant and that the call is recorded. A caller who stays on the line after that notice is treated as agreeing to the recording. You cannot switch this notice off. The exact words are published at wakeman.ai/legal/recording.

You remain responsible for your own business and your obligations to your customers, including the work you dispatch and the commitments you make to them.

12. Text messages

Wakeman sends text messages on behalf of the business a caller phoned. They relate only to that caller's own request: confirming an appointment, a link to confirm a service address, a note that a request was received, or a follow-up when a call ended before the job could be taken down. Your owner and on-call staff also receive texts about their jobs at the numbers you enter in your account. This is not a marketing program, and no promotional messages are sent.

Callers agree out loud, on the call they placed. Wakeman asks once, waits for the answer, and sends nothing unless the answer is yes. Where the business sends reminders, that one question can also name a reminder the day before a booked appointment, which is then sent once. The one exception is a single follow-up when a call ends before anything could be asked; it goes to the number the caller dialled from, and it is not sent to a caller who was asked and said no. The exact words are published at wakeman.ai/legal/sms-consent. No number is taken from a purchased or rented list, and none is added to a marketing list.

If you register for texting in your own name, you can also turn on text answers on the Texts page. Wakeman's AI then answers people who text your Wakeman number first, only in that conversation and about what they asked, says it is an AI in its first text, and passes each request to you. It never starts a conversation. You can turn it off at any time, and any conversation it is still having comes to you.

Message frequency varies and depends on the job — most callers receive one message. Message and data rates may apply. Reply STOP to any message to stop receiving them. For help, contact us using the details at the end of this page; no automatic answer to a HELP text is sent. Carriers are not liable for delayed or undelivered messages. No mobile information is sold or rented, and mobile information and messaging consent are not shared with third parties or affiliates for marketing or promotional purposes.

Where the carriers require it, register for business text messaging (A2P 10DLC), so texts sent on your behalf are delivered through the approved route. Registration helps delivery, but no one can promise that a carrier or phone will deliver a message.

13. Calls from our AI assistant

Wakeman's own AI assistant can call you about your account: to help you set up and check that your calls reach Wakeman, to ask how Wakeman is working for you and what you would change, and to go through the plans. A person on our team may call you instead when you ask for one.

Our AI calls only people who have asked it to: by ticking the box beside our call words when you sign up or in your account, by picking a time on a page we send you, or by saying yes when our assistant asks on a call. Accepting these terms does not give that permission, and you never need to give it to use Wakeman or to buy a plan. The exact words are shown where you agree, and we keep a record of when you did.

Each call says at the start that it is our AI assistant, and the call is recorded. We call at reasonable hours where you are. Say “stop” on any call, use the stop link in our emails, or email info@wakeman.ai, and we stop. Our assistant never asks for a card number on a call: you choose a plan and add a card on our secure page.

In some states our AI does not place calls. Wherever you are, you can call our AI assistant yourself, any time, at (775) 278-6674.

14. Taking your fees by card

On a plan that includes card payments, you can let your customers pay your trip fee or after-hours fee by card. You connect your own Stripe account and agree to Stripe's own terms for it. Stripe, not Wakeman, processes each payment and pays it out to your bank. Stripe takes its fee from each payment under your agreement with Stripe; Wakeman charges nothing for card payments.

Your customer pays on Stripe's page, from a link you send them yourself. Wakeman never sees or stores the card number. If you switch it on, Wakeman offers the link on calls and tells you when a caller wants one. It never takes a payment on a call.

You are the seller. Charge only a fee your customer agreed to, such as the trip fee they were told on the call. Refunds, disputes and chargebacks are between you, your customer and Stripe, and you handle them in your Stripe account.

You can stop taking cards through Wakeman at any time on the Card payments page, or by removing Wakeman from your account in Stripe. If your plan stops including card payments, you can't make new links, and links you already sent can still be paid.

15. Emergencies

Wakeman is not an emergency service, and it is not a replacement for 911.

When a caller describes a likely danger — such as a gas smell, carbon monoxide, fire, or water near electricity — Wakeman is instructed to tell them to get to safety and call 911. It also tries to alert your on-call contact during the call.

An alert is an attempt, not a promise. Phones, carriers and the internet can fail or be slow, and Wakeman can miss an emergency or mistake something else for one. It is a safety net, not an emergency service. Keep someone reachable as your on-call contact.

16. AI can make mistakes

Wakeman uses AI. It can mishear a caller, misunderstand them, take down a detail wrongly, or say something wrong. Phone carriers can fail. We do not guarantee that any call will be answered, booked correctly, or transcribed accurately.

Check your calls in the dashboard, especially before you send someone out. If something looks wrong, tell us at info@wakeman.ai.

17. Acceptable use

Do not use Wakeman to:

• make outbound marketing calls, or send marketing texts or emails;
• break any law, or help anyone else break one;
• tell callers things that are false or misleading;
• take card numbers or other payment details over the phone — use a secure payment method you control instead;
• try to reach data that is not yours, or get around security or usage limits;
• disrupt Wakeman or the phone and text networks it uses; or
• resell Wakeman, or copy it to build a competing product.

18. Your data

Your business's data, and your customers' information, belong to you. You give us permission to use them to provide Wakeman to you, to support you, to keep the service safe, and to improve it, as described in our Privacy Policy. We handle your callers' information on your behalf.

Only give us information you are allowed to share, such as your staff's phone numbers.

Wakeman itself — the software, the website and the brand — belongs to us. If you send us feedback or ideas, we may use them without owing you anything.

19. Other companies' services

Wakeman works with services run by other companies, such as Jobber, Stripe, Facebook, Thumbtack, Google and the phone and text carriers. Your use of those services is covered by their own terms. We are not responsible for them, and a change or failure on their side can affect what Wakeman can do.

20. Suspending or ending access

We may suspend or end your access to Wakeman if you break these terms, do not pay what you owe, use Wakeman in a way that could harm callers, carriers or us, or if the law requires it. Where we reasonably can, we will tell you first and give you a chance to fix the problem.

You can stop using Wakeman at any time by cancelling in the billing portal.

21. Disclaimers

Wakeman is provided “as is” and “as available”. To the fullest extent the law allows, we make no promises beyond those written in these terms, including any implied promise that Wakeman is fit for a particular purpose, of a certain quality, or will work without interruption or error.

22. Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, jobs or customers, even if we were told they were possible.

To the fullest extent the law allows, our total liability for all claims about Wakeman or these terms is limited to the amount you paid us for Wakeman in the 12 months before the event that led to the claim.

Nothing in these terms limits liability that the law does not allow to be limited.

23. Indemnity

You agree to defend us against, and pay for, claims made by other people that come from your work and services for your customers, from the information and instructions you give Wakeman, or from your breaking these terms.

24. Changes to these terms

We may update these terms as Wakeman changes. When we do, we will change the “Last updated” date at the top. If we make a significant change, we will let account owners know by email before it takes effect. If you keep using Wakeman after a change takes effect, the updated terms apply.

25. General

If you have a problem with Wakeman, email info@wakeman.ai first. Most problems can be sorted out directly, and we will try.

These terms, together with the pages named in section 1 and what you agreed at checkout, are the whole agreement between you and us about Wakeman. If part of these terms cannot be enforced, the rest still applies. If we do not enforce a term straight away, we can still enforce it later. You may not transfer these terms to someone else without our written agreement. We may transfer them to a company that takes over Wakeman.