Who may use the services

You must be at least the age of majority in your jurisdiction, able to form a binding contract, and use the services on behalf of yourself or a legal entity with authority to bind that entity. If you use the Platform on behalf of an organization, “you” means that organization and you represent that you are authorized to accept these Terms on its behalf.

The services

The Platform provides an enterprise-grade orchestration engine for AI Agents across phone, SMS, and email. Services include policy guardrails, human hand-off routing, real-time analytics, and usage-based billing. We may modify the services to improve security, performance, or usability. If a change materially reduces core functionality of a paid plan, we will provide reasonable notice.

Accounts & Security

  • Registration. Accurate account information is required. You are responsible for all activities under your account credentials.
  • Role-Based Access (RBAC). Tenant administrators are responsible for configuring user roles, permissions, and guardrails correctly for their organization.
  • Security. You must safeguard your API keys and credentials. Notify us immediately of any suspected compromise. We reserve the right to suspend access to protect the Platform integrity.

Customer Data & Data Roles

Customer Data means conversation content (voice audio, transcripts, SMS/email bodies), agent prompts, and metadata generated by your use of the Platform.

  • Processor Role. We act as a processor/service provider for Customer Data, processing it only on your documented instructions (including your configuration of AI Agents).
  • Controller Role. We act as an independent controller for account administration data, billing records, and Website usage analytics.
  • Ownership. As between the parties, you retain all ownership rights in your Customer Data.

Acceptable Use & Safety

You agree not to use the Platform to:

  • Violate applicable laws (including telemarketing, anti-spam, and recording consent laws).
  • Generate or disseminate malicious code, hate speech, harassment, or fraudulent content.
  • Attempt to bypass rate limits, guardrails, or reverse-engineer the Platform.
  • Emergency Services Disclaimer: THE PLATFORM IS NOT INTENDED FOR EMERGENCY CALLS (e.g., 911/112). YOU AGREE NOT TO RELY ON THE PLATFORM FOR CRITICAL SAFETY OR EMERGENCY COMMUNICATIONS.

Telephony & Compliance

  • Consent. You are solely responsible for obtaining necessary consents for calls, texts, and emails, including compliance with TCPA, GDPR, and CAN-SPAM regulations.
  • A2P 10DLC. You must comply with carrier requirements for Application-to-Person (A2P) messaging, including brand and campaign registration where applicable.
  • Recording. If you enable call recording, you are responsible for providing legally required notices (e.g., "This call may be recorded") to all participants.

AI Agents & Model Orchestration

  • Platform Defaults. We provide access to third-party LLMs (e.g., OpenAI, Azure) via our managed agreements.
  • Bring Your Own Vendor (BYOV). If you configure the Platform to use your own API keys (e.g., your own Twilio or OpenAI account), you are responsible for the direct relationship, fees, and terms of service with that vendor.
  • No Training on Customer Data. We do not use your identifiable conversation data or agent prompts to train third-party foundation models. We may use aggregated, de-identified metadata to improve Platform performance and latency.

Fees & Billing

  • Usage-Based Billing. Fees are calculated based on your subscription plan plus metered usage (e.g., telephony minutes, AI compute tokens). Overage rates apply when plan limits are exceeded.
  • Invoicing. Usage is aggregated monthly. Fees are due upon receipt and are non-refundable unless otherwise stated.
  • Taxes. You are responsible for applicable sales, use, or value-added taxes.

Intellectual Property

Chatter Genius owns all rights to the Platform, Website, and underlying orchestration technology. You grant us a limited license to process Customer Data solely to provide the services. If you provide feedback, we may use it without obligation.

Confidentiality

Each party will protect the other's confidential information with reasonable care and use it only for the purposes of these Terms. Confidential information does not include data that is public, independently developed, or rightfully obtained from third parties.

Disclaimers & Warranties

THE PLATFORM IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT AI AGENTS WILL BE ERROR-FREE, THAT GUARDRAILS WILL CATCH 100% OF POLICY VIOLATIONS, OR THAT SERVICE WILL BE UNINTERRUPTED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES. EXCEPT FOR INDEMNITY OBLIGATIONS AND PAYMENT OF FEES, EACH PARTY'S LIABILITY SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify and hold us harmless from claims arising out of your Customer Data, your violation of these Terms (including telephony compliance), or your use of third-party BYOV integrations. We agree to indemnify you against third-party claims that the Platform itself infringes intellectual property rights.

Term & Termination

These Terms remain in effect while you use the services. We may suspend access for non-payment or security violations. You may terminate at any time by closing your account; accrued fees will remain due. Upon termination, data will be handled according to our retention policies.

General Provisions

  • Governing Law. These Terms are governed by the laws of the State of New York.
  • Arbitration. Any unresolved disputes shall be submitted to binding arbitration in New York, NY. Class actions are waived.
  • Entire Agreement. These Terms, along with our Privacy Policy and any Data Processing Agreement (DPA), constitute the entire agreement.

Contact

For legal inquiries, please contact: legal@chattergenius.ai.