Terms of Service

1. Acceptance of Terms

By accessing or using AI Phone ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

AI Phone is an automated phone calling service that uses artificial intelligence to make outbound phone calls on your behalf. You provide instructions and a phone number, and our AI agent attempts to complete the specified task through a phone conversation. The Service includes call recording, transcription, and notification features.

3. Eligibility

You must be at least 18 years old to use AI Phone. By using the Service, you represent and warrant that you have the legal capacity to enter into this agreement and that you are not prohibited from using the Service under any applicable laws.

4. User Responsibilities

You are solely responsible for:

• Consent: Ensuring you have proper authorization to contact the phone numbers you submit. You must not use the Service to contact individuals who have asked not to be contacted or who are on do-not-call lists.
• Accuracy of instructions: Providing clear, accurate, and lawful instructions for calls. The AI will attempt to follow your instructions, but may interpret them differently than intended.
• Verification: Reviewing call recordings and transcripts to verify outcomes. You should independently confirm any important arrangements, reservations, appointments, or cancellations.
• Lawful use: Using the Service only for lawful purposes. You may not use AI Phone for harassment, fraud, deception, illegal telemarketing, or any activity that violates applicable laws.
• Recording consent: Complying with all applicable laws regarding call recording, including obtaining consent where required by law.

5. Prohibited Uses

You may not use AI Phone to:

• Make calls that violate the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule, or similar laws in any jurisdiction
• Engage in any form of harassment, threats, or intimidation
• Impersonate another person or entity, or misrepresent your affiliation
• Make calls for illegal purposes, including fraud, scams, or phishing
• Contact emergency services (911) or abuse emergency response systems
• Make calls that could reasonably be expected to cause harm to individuals or businesses
• Violate the privacy rights of third parties
• Transmit malware or engage in any form of system abuse
• Resell or sublicense access to the Service without authorization
• Make high-volume automated calls for spam or unsolicited marketing

6. AI Limitations and Disclaimer

You acknowledge these limitations and agree that you must verify all important outcomes independently. Do not rely solely on AI Phone for time-sensitive, financially significant, or critical communications.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that:

• The Service will meet your requirements or expectations
• The AI will accurately understand or execute your instructions
• Calls will be completed successfully or produce desired outcomes
• The Service will be uninterrupted, timely, secure, or error-free
• Any information provided by the AI during calls will be accurate

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AI CALLER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Service
• Missed, incorrect, or unwanted reservations, appointments, or cancellations made by the AI
• Financial losses including but not limited to no-show fees, cancellation fees, rebooking costs, or lost business opportunities
• Relationship damage with individuals, businesses, or organizations contacted through the Service
• Any commitments, agreements, or representations made by the AI during calls
• Legal consequences arising from calls made through the Service, including but not limited to violations of recording consent laws or telemarketing regulations
• Any actions taken by third parties based on calls made through the Service

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless AI Phone, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Any calls made through your account
• Any content or instructions you provide to the Service

10. Payment and Credits

• The Service operates on a prepaid credit system. You must purchase credits before making calls.
• Credits are charged based on call duration and are non-refundable except as required by law.
• Unused credits may expire according to our current policies, which may change from time to time.
• We reserve the right to change pricing at any time. Price changes will not affect credits already purchased.
• If a call fails due to a technical issue on our end, we may, at our discretion, refund the credits for that call.
• We do not provide refunds for calls that completed but did not achieve your desired outcome.

11. Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause or notice, including but not limited to:

• Violation of these Terms
• Suspected fraudulent, abusive, or illegal activity
• Requests from law enforcement
• Extended periods of inactivity
• Discontinuation of the Service

Upon termination, your right to use the Service ceases immediately. Unused credits are not refundable upon account termination for cause.

12. Call Recording and Monitoring

All calls made through AI Phone are recorded. By using the Service, you consent to this recording and acknowledge that you are responsible for complying with any laws requiring consent from call recipients. Our AI announces at the beginning of each call that the call may be recorded.

We may monitor calls and account activity to ensure compliance with these Terms, improve our services, and respond to legal requirements.

13. Intellectual Property

The Service, including its AI technology, software, design, and content, is owned by AI Phone and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service or reverse engineer any software.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in San Francisco County, California, and you consent to the jurisdiction of such courts.

Any claim arising from the Service must be brought within one (1) year of the date the cause of action accrued.

15. Severability

If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AI Phone regarding the Service and supersede all prior agreements and understandings.

17. Contact

If you have questions about these Terms, please contact us at:

Email: legal@aicaller.app