Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (either an individual or the legal entity on whose behalf you act, “Customer” or “you”) and Agentic VAI (“Company,” “we,” “us,” or “our”). By accessing our website, creating an account at app.agenticvai.com, embedding our voice widget, or using any related APIs, you agree to be bound by these Terms.

2. Description of Services

Agentic VAI provides a software-as-a-service (SaaS) platform enabling commercial entities to configure, ground, deploy, and monitor conversational AI voice agents across websites, mobile web applications, and telephony connections (“Services”). Services include natural speech recognition, conversational reasoning, real-time audio synthesis, and bi-directional workflow integration.

3. Accounts & Eligibility

You must be at least 18 years of age and possess the legal authority to enter into contracts on behalf of your organization. You are responsible for maintaining the confidentiality of your account credentials and API keys. You agree to notify us immediately of any unauthorized account access.

4. Subscriptions & Billing

Access to the Services is billed on a recurring subscription basis (monthly or annually) according to the pricing tier selected. Subscriptions renew automatically unless cancelled prior to the end of the billing period. All fees are quoted in U.S. Dollars and are non-refundable except where required by statutory law or explicitly provided in an executed Enterprise Order Form.

5. Usage Limits & Metering

Voice conversation minutes are metered based on connected dialogue duration. If you exceed your monthly plan allowance, additional minutes will be billed at the published overage rates associated with your plan tier. We reserve the right to throttle or suspend agents that cause extreme infrastructure denial-of-service spikes.

6. Acceptable Use Policy

You agree not to use the Services to:

• Generate unlawful, fraudulent, deceptive, harassing, defamatory, or threatening voice calls.
• Engage in unsolicited telemarketing that violates TCPA, TSR, CAN-SPAM, or national Do-Not-Call registries.
• Impersonate any living individual, government official, or law enforcement agency without consent.
• Attempt to reverse-engineer, decompile, or extract proprietary model weights or source code.
• Transmit malicious code, viruses, or exploit system vulnerabilities.

7. Customer Responsibilities

You are solely responsible for all content, instructions, documents, and website URLs you provide to ground your voice agents. You warrant that you have all necessary rights, licenses, and legal permissions to ingest and utilize such data.

8. AI-Generated Responses

Agentic VAI incorporates large language models and neural speech synthesis. While we implement strict semantic retrieval guardrails, generative AI outputs may occasionally contain minor inaccuracies or unpredictable phrasing. The Services are not intended to provide licensed legal, medical, or certified financial advice. You agree to review voice agent behavior and provide appropriate customer disclosures where required by applicable law.

9. Voice Calls & Telephony Compliance

When deploying voice agents over telephone connections (PSTN/SIP), Customer is responsible for compliance with all federal, state, and local call recording consent laws (including one-party and two-party consent jurisdictions). Where required by law, your agent prompt must include an initial disclosure indicating that the call is an automated AI assistant and may be recorded.

10. Third-Party Integrations

The Services allow integration with third-party platforms (e.g., Google Calendar, HubSpot, Salesforce). Your use of such third-party tools is governed by their respective terms and privacy policies. Agentic VAI is not responsible for outages, rate limits, or API modifications enacted by third-party platforms.

11. Customer Data & Proprietary Rights

As between the parties, Customer retains all right, title, and interest in and to Customer Data (including conversation transcripts and proprietary knowledge documents). Customer grants Agentic VAI a limited, non-exclusive license to process and transmit Customer Data solely as necessary to provide and maintain the Services.

12. Agentic VAI Intellectual Property

Agentic VAI owns and retains all intellectual property rights in the Services, including our software, algorithms, user interfaces, documentation, logos, and trademarks. No ownership rights are transferred under these Terms.

13. Confidentiality

Each party agrees to protect the Confidential Information of the other party with the same degree of care it uses for its own confidential materials (and not less than reasonable care). Confidential Information does not include information that is publicly known or independently developed without reference to the disclosing party's data.

14. Security & Data Protection

We maintain administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, loss, or alteration. For enterprise customers processing European personal data, our Data Processing Addendum (DPA) is incorporated by reference.

15. Service Availability & Maintenance

We target 99.9% platform availability across our global edge network, excluding scheduled maintenance windows. Scheduled maintenance is communicated in advance through our system status announcements.

16. Disclaimers of Warranties

EXCEPT AS EXPRESSLY STATED HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS REPUTATION. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO AGENTIC VAI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

18. Indemnification

Customer agrees to defend, indemnify, and hold harmless Agentic VAI against any third-party claims, losses, or legal liabilities arising from Customer's violation of the Acceptable Use Policy or breach of applicable telecommunications calling consent regulations.

19. Termination & Suspension

Either party may terminate these Terms for material breach upon thirty (30) days written notice if such breach remains uncured. You may cancel your subscription at any time via the dashboard. We may suspend access immediately if we detect abusive telemarketing behavior or critical security threats.

20. Changes to Services

We continuously improve our voice AI infrastructure. We may modify, enhance, or deprecate non-material features with reasonable notice, provided that core platform functionality is preserved during active subscription terms.

21. Changes to Terms

We reserve the right to revise these Terms. If changes are material, we will provide at least 30 days notice via email or platform announcement before the revised terms become effective. Continued use of the Services signifies acceptance.

22. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [State of Delaware / Designated Corporate Jurisdiction Placeholder, United States], without regard to conflict of law principles. Any legal suit, action, or proceeding shall be instituted exclusively in the federal or state courts located in [Designated County / State Placeholder].