Terms of Service

FirstFiveMin

Last updated: October 4, 2026

These Terms govern your use of FirstFiveMin (the "Service"), operated by Frank Becerra, doing business as First Five Min (FirstFiveMin) ("we", "us"). By creating an account you agree to them. If you do not agree, do not use the Service.

Part 1 — Terms of Service

1. What the Service does

FirstFiveMin helps your business respond to new leads. When a lead reaches you through a FirstFiveMin page, form, link, QR code, connected lead source or your FirstFiveMin phone line, we alert you and, where you have set one, give you a window to respond first. If you do not, an AI assistant may call or answer the lead, ask your questions and book an appointment on your calendar. The assistant says it is an AI at the start of every call. You do not need your own website to use the Service.

2. Your account

You must provide accurate business information and keep your credentials secure. You are responsible for activity under your account. An account represents one business. You may run more than one business line under one account with the Multi-Line add-on.

3. Your content and your leads

You retain all rights to your data and your leads' data. You grant us only the licence needed to operate the Service for you. As between you and us, you are the controller of your leads' data and we process it on your instructions.

4. Compliance — please read this section

You are the party contacting your leads. You are responsible for:

We provide compliance controls — consent capture and evidence, calling-window enforcement, attempt caps, suppression and STOP/HELP handling, and an audit trail — and we enforce them by default. We do not provide legal advice, and our controls are not a substitute for your own compliance obligations.

You may not use the Service to contact people who have not consented, or to circumvent any control it enforces.

5. Availability

We aim to keep the Service available but do not commit to a specific uptime level. The Service depends on third parties (telephony, AI, and calendar providers) whose outages may affect it. No SLA is offered at this time.

6. Fees

Plans, capacities and prices are shown at checkout. Fees are billed in advance and are non-refundable except as required by law or as stated in our published refund policy. We may change prices with notice; changes apply at your next renewal.

7. Cancellation and data

You may cancel at any time from your account. Cancellation takes effect at the end of the current billing period. After cancellation you have 30 days of read-only access to export your data, after which we delete or de-identify it, except records we must retain — notably suppression and opt-out records, which we keep so that a person who asked not to be contacted is not contacted again.

8. Acceptable use

Do not use the Service unlawfully, to harass, to contact people without consent, to impersonate anyone, or to interfere with its operation or security. We may suspend an account that does.

9. Disclaimers

The Service is provided "as is". We disclaim all implied warranties to the fullest extent permitted by law, including merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of liability

To the fullest extent permitted by law, our total liability for any claim arising out of the Service is limited to the amounts you paid us in the 12 months before the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost business — including any penalty or judgment arising from your own contact practices.

11. Indemnity

You will indemnify us against claims arising from your use of the Service, your content, or your contact practices, including claims brought by your leads.

12. Changes

We may update these Terms. Material changes will be notified in advance; continued use after they take effect is acceptance.

13. Governing law

These Terms are governed by the laws of California, without regard to conflict of laws. Disputes are resolved in the courts located in Riverside County, California.

14. Free trial

You may try the Service free for 7 days, for up to 10 AI conversations, without a payment card. Because we do not take a card, we never charge you when a trial ends. When the trial ends or its conversations are used, the AI pauses until you choose a plan; your data stays available.

15. Call recordings and transcripts

AI calls are recorded, and the person is told so at the start of the call. We may review recordings and transcripts to run the Service, to support you and to check call quality. We do not use them to train AI models and we do not sell them.

16. The AI assistant

The assistant answers from the information you give it, such as your website, imported facts and facts you type. Keep that information current. The assistant can make mistakes; it does not give legal, medical, dental, financial or real-estate-value advice, and it does not make promises for you beyond booking a time.

17. Health information

If you are a HIPAA covered entity, do not send protected health information through the Service unless we have signed a Business Associate Agreement with you.

18. Phone numbers

Phone numbers we provide stay with us and our carriers while you use them.

19. State restrictions

Some states limit automated calls. The Service follows those limits and may not place AI calls to leads in some states or at some times.

20. Connected services

When you connect Google, Microsoft, Follow Up Boss or another service, you authorise us to use it only as needed to run the Service for you, and that provider's terms also apply. You can disconnect at any time.

21. Business use

The Service is for business use. By creating an account you confirm you are acting for a business.

22. General

Notices to you go to your account email. If part of these Terms cannot be enforced, the rest still applies. Neither of us is responsible for delays caused by events outside reasonable control. These Terms, the Billing, Cancellation and Data terms, the Privacy Policy and the Refund Policy are the whole agreement.

23. Contact

privacy [at] firstfivemin.com · 2834 Hamner Ave #1019, Norco, CA 92860

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Part 2 — Billing

2.1 Plans and what they include

Your plan sets a monthly capacity: how many AI conversations the Service will have for you in a billing period. Minutes are free. Current plans, capacities and prices are shown at checkout and in your account. Plans differ by capacity only — every feature is available on every plan. Separately sold products — FirstFiveMin Text and Multi-Line — are priced on their own and are not plan features. Every feature of the Service itself is on every plan.

2.2 Billing period and payment

Subscriptions bill monthly in advance through our payment processor (Stripe). Your billing period begins on the day you subscribe and renews on the same day each month. By subscribing you authorise recurring charges to your payment method until you cancel.

2.2a Annual plans

You may prepay a year for the price of ten months. Within 30 days of paying you may cancel for a full refund. After that, if you cancel, the months you have used are charged at the regular monthly price, the two free months are not owed back, and the rest is refunded to your original payment method within 10 business days.

2.3 Taxes

Prices are exclusive of taxes. You are responsible for any sales, use, VAT or similar taxes, except taxes on our income.

2.4 Reaching your plan capacity

If you reach your plan's AI-conversation capacity before the end of a billing period, the Service pauses new automated conversations rather than continuing and charging you for it. You keep full access to your account, your data, and any conversation already in progress. You may resume immediately by either:

We alert you when you reach 80% of your monthly AI-conversation capacity, so the pause is never a surprise. When the AI pauses at your cap, your team alerts and claim windows keep working — only automated AI conversations stop.

We pause rather than overspend on your behalf. Nothing in this section permits us to charge you beyond what you have chosen.

2.5 Additional conversation blocks

You may purchase additional capacity in blocks of 10 AI conversations for $19.90. Blocks are one-time purchases, apply to your current billing period, and are consumed before your next renewal. Unused blocks expire at the end of the billing period; they do not roll over.

Automatic purchase is off by default. You may switch it on and, if you do, you must set a maximum you authorise us to spend in a billing period. We will never purchase a block automatically unless you have both switched it on and set that ceiling, and we will never exceed it. You can switch it off at any time.

2.6 Changing plans

You may change plans at any time from your account. A downgrade takes effect at your next renewal, so you keep the capacity you have already paid for.

2.7 Failed payments

If a payment fails we will retry and notify you. Your Service continues during a grace period of 7 days. If payment has not succeeded by the end of that period we may suspend automated AI conversations until the balance is settled. We do not delete your data because of a failed payment — suspension is not cancellation, and your export rights under Part 3 are unaffected.

2.8 Voice and messaging usage

Your plan is metered in AI conversations, not minutes. Minutes are free; unanswered calls, voicemails and spam are free. A call ends politely at 10 minutes.

Because capacity is metered in conversations, reaching it triggers the pause described in 2.4 — not an overage charge. We do not bill you for usage you did not choose in advance.

2.9 Price changes

We may change prices. We will give at least 30 days' notice, and changes apply from your next renewal — never mid-period. If you do not accept a price change, you may cancel before it takes effect.

2.10 Refunds

Fees are non-refundable except where required by law or as set out in our published refund policy at https://firstfivemin.com/refund.

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Part 3 — Cancellation

3.1 How to cancel

You may cancel at any time from your account settings, without contacting us and without explanation. Cancellation is self-service by design.

3.2 When it takes effect

Cancellation takes effect at the end of your current billing period by default. You keep full access until then, and you are not charged again. You may reverse a pending cancellation at any time before it takes effect.

3.3 Before you confirm

Before you confirm, we show you what is already incurred in the current period, so there is no surprise final charge.

3.4 What happens to your data

For 30 days after cancellation takes effect you keep read-only access to export your leads, appointments, call records and compliance evidence. After that window we delete or de-identify your data.

Two categories are treated differently, deliberately:

3.5 Reactivation

If you return after cancelling, your prior data may no longer exist. We do not guarantee that a closed account can be restored.

3.6 Suspension and termination by us

We may suspend or terminate an account that breaches the Terms — in particular one used to contact people without consent or to circumvent the Service's compliance controls. Where circumstances allow, we will give notice and an opportunity to remedy. In cases of suspected unlawful contact activity we may suspend immediately, because continued sending would expose consumers and both of us to liability.

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Part 4 — Platform Data Handling

4.1 Who controls what

We do not use your leads' data for our own purposes. We do not sell it. We do not use it to train models. We do not share it with other customers.

4.2 Where it is held

Data is held on infrastructure operated by DigitalOcean in the United States, with the providers listed in our Privacy Policy processing specific parts of it (telephony, voice AI, payments, email, calendar).

4.3 How it is protected

These are enforced by default and are not optional settings.

4.4 Retention while you are a customer

4.5 Deleting an individual lead

You may delete an individual lead's data at any time from your account. When you do, we erase their personal information but retain the record that they asked not to be contacted, so the request continues to be honoured. This is the same principle as 3.4 applied to a single person.

4.6 Requests from your leads

If one of your leads asks us directly to access or delete their data, we will tell them to contact you, because you are the controller — and we will assist you in responding. If they ask to stop being contacted, we will honour that immediately regardless of who they ask, because that request is time-sensitive and consumer-protective.

4.7 Backups

Backups are taken regularly and retained for up to 28 days. Deletion requests are applied to live systems immediately and work through backups as they age out.

4.8 Security incidents

If we become aware of a breach affecting your data or your leads' data, we will notify you without undue delay, with what we know and what we are doing about it, so that you can meet your own notification obligations as controller.

4.9 Data processing agreement

If you require a data processing agreement — for example because your leads include individuals in the EU or UK — contact us at privacy [at] firstfivemin.com.

4.10 Your responsibilities

You are responsible for the lawfulness of the data you put into the Service and for the consent behind it, as set out in the Terms of Service. We give you the tools to capture and evidence consent; the obligation to obtain it is yours.

Text messages and calls

Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies with your inquiry. Reply STOP at any time to stop messages, or tell us to "stop calling" during any call and we stop calling too. Reply HELP for help.

Contact us

Privacy requests (access, deletion, opt-out), refund questions, or anything else. We reply by email.

Privacy Policy · FirstFiveMin