Last updated: April 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Ascension First ("Company," "we," "us," or "our"), governing your access to and use of the First Touch service platform, including all related features, tools, and communications (collectively, the "Service"). By purchasing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not use the Service.
"First Touch" refers to the premium call answering, lead qualification, appointment booking, and follow-up communication service operated by Ascension First. "Setup Fee" refers to the one-time payment required to configure and launch the Service for your business. "Subscription" refers to the recurring monthly payment for continued access to the Service. "Client Data" refers to any information, content, or materials you provide to us or that are generated through your use of the Service, including but not limited to business information, customer contact details, call records, and appointment data.
First Touch is a premium, fully managed call answering and customer engagement service. Depending on your selected plan, the Service may include 24/7 inbound call answering, lead qualification, appointment scheduling, automated SMS and email follow-up sequences, CRM pipeline management, website development, conversational chat integration, review request automation, analytics reporting, and periodic strategy consultations. The specific features available to you are determined by the plan you select at the time of purchase. We reserve the right to modify, enhance, or update the features and functionality of the Service at any time, provided that such modifications do not materially diminish the core functionality of your selected plan.
The Service is intended for use by businesses and business professionals. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age, that you have the legal authority to enter into this agreement, and that you will use the Service solely for lawful business purposes. If you are entering into these Terms on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
To use the Service, you must provide accurate, current, and complete information during the onboarding process. You are responsible for maintaining the confidentiality of any account credentials and for all activity that occurs under your account. You agree to notify us immediately at hello@ascensionfirst.com if you become aware of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.
The Service requires payment of a one-time Setup Fee and a recurring monthly Subscription fee. All fees are quoted and charged in United States Dollars (USD). Payment is processed securely through Stripe, Inc., our third-party payment processor. By providing your payment information, you authorize us and Stripe to charge the applicable fees to your designated payment method.
The Setup Fee is due at the time of purchase and is required before onboarding begins. Your monthly Subscription begins at the conclusion of your trial period and is billed automatically on the same calendar date each month. If your payment method is declined, we will attempt to process the charge up to two additional times over a seven-day period. If payment cannot be collected after reasonable attempts, we reserve the right to suspend or terminate your access to the Service.
All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for any such taxes that may apply to your purchase, except for taxes based on our net income.
New clients receive a fourteen (14) day live trial period beginning on the date the Service is activated for your business. During the trial period, you may evaluate the Service under real operating conditions. If you are not satisfied with the Service for any reason during the trial period, you may request a full refund of the Setup Fee by contacting us in writing at hello@ascensionfirst.com before the trial period expires. Refund requests received after the fourteen-day trial period has ended will not be honored under the satisfaction guarantee. This guarantee applies exclusively to the initial Setup Fee and does not extend to recurring Subscription charges already billed.
You may cancel your Subscription at any time by providing written notice to hello@ascensionfirst.com. Upon cancellation, your Service will remain active through the end of your current billing cycle. No refunds or credits will be issued for partial billing periods. Setup Fees are non-refundable after the fourteen-day trial period has ended.
We reserve the right to suspend or terminate your access to the Service immediately, without prior notice, if we reasonably determine that you have violated these Terms, engaged in fraudulent or unlawful activity, failed to make payment after reasonable collection attempts, or used the Service in a manner that could harm the Company, its infrastructure, or other clients. In the event of termination for cause, no refund of any fees will be issued.
You are responsible for providing accurate and up-to-date business information necessary for the Service to function properly, including but not limited to business name, hours of operation, service offerings, pricing, appointment availability, and preferred call handling instructions. You agree to promptly notify us of any changes to this information. You are solely responsible for ensuring that the use of the Service complies with all applicable laws, regulations, and industry standards in your jurisdiction, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any applicable state consumer protection laws.
You agree to use the Service only for lawful business purposes. You shall not, and shall not permit any third party to, use the Service to:
Violation of this Acceptable Use policy may result in immediate suspension or termination of your account without refund.
All content, technology, workflows, branding, designs, documentation, and materials associated with the Service are the exclusive property of Ascension First and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms. You may not copy, modify, distribute, reverse engineer, or create derivative works based on any aspect of the Service without our prior written consent.
Any custom workflows, configurations, call scripts, or follow-up sequences we create for your business as part of the Service remain the intellectual property of Ascension First. Client Data remains your property at all times, subject to the license granted in Section 11 below.
You retain all ownership rights to your Client Data. By using the Service, you grant Ascension First a non-exclusive, worldwide, royalty-free license to access, use, process, store, and transmit your Client Data solely as necessary to provide, maintain, and improve the Service. This license terminates upon the termination of your account, except as required by law or as necessary to fulfill our obligations under these Terms.
We may use aggregated, anonymized, and de-identified data derived from your use of the Service for internal analytics, service improvement, and benchmarking purposes. Such data will not identify you or your business.
Each party agrees to treat as confidential all non-public information disclosed by the other party in connection with the Service. Confidential information includes, without limitation, business strategies, customer data, pricing, technical configurations, and proprietary methods. Neither party shall disclose the other party's confidential information to any third party without prior written consent, except as required by law or as necessary to perform obligations under these Terms. This confidentiality obligation survives the termination of these Terms for a period of two (2) years.
We make commercially reasonable efforts to maintain Service availability and target 99.9% uptime. However, we do not guarantee uninterrupted or error-free operation of the Service. The Service may be temporarily unavailable due to scheduled maintenance, system updates, third-party service outages, force majeure events, or circumstances beyond our reasonable control. We will make reasonable efforts to provide advance notice of scheduled maintenance when practicable. We are not liable for any damages, losses, or costs resulting from service interruptions or downtime.
The Service integrates with and relies upon third-party services and platforms, including but not limited to Stripe for payment processing, telephony providers for call handling, calendar systems for appointment scheduling, and CRM platforms for lead management. Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or performance of any third-party service, and we disclaim all liability for any loss or damage arising from your use of or reliance on third-party services.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASCENSION FIRST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ASCENSION FIRST SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASCENSION FIRST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO ASCENSION FIRST DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.
You agree to indemnify, defend, and hold harmless Ascension First and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, your violation of any applicable law or regulation, any content or information you provide through the Service, or any third-party claim resulting from the operation of your business.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days of written notice, either party may pursue resolution through binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA) in San Diego County, California. The arbitration shall be conducted by a single arbitrator, and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees in connection with any arbitration, unless the arbitrator determines otherwise.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. To the extent any dispute is not subject to arbitration as provided above, the exclusive jurisdiction and venue for such disputes shall be the state and federal courts located in San Diego County, California, and each party consents to the personal jurisdiction of such courts.
We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will provide notice by email to the address associated with your account at least fifteen (15) days before the changes take effect. Your continued use of the Service after the effective date of any modified Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Service and cancel your Subscription before the changes take effect.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.
These Terms, together with our Privacy Policy and any order forms, invoices, or service agreements executed between you and Ascension First, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral.
No failure or delay by Ascension First in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right shall preclude any other or further exercise of that right or any other right.
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets without your consent. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, government actions, power failures, internet or telecommunications outages, or third-party service provider failures.
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:
Ascension First
9855 Black Mountain Rd, San Diego, CA 92126
Email: hello@ascensionfirst.com
Phone: +1 (858) 434-7041