1) 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.

2) The services

The Platform provides AI-assisted conversations across phone, SMS, and email with policy guardrails, human hand-off options, analytics (e.g., intent, sentiment, conversions), and usage-based billing. Features may evolve. We may modify the services to improve security, performance, or usability, and to comply with law. If a change materially reduces core functionality of a paid plan, we will provide reasonable notice.

3) Accounts, administrators & access

  • Registration. Accurate account information is required. Keep credentials confidential. You are responsible for activities under your account.
  • Administrators. Tenant administrators can configure users/roles, guardrails, retention, connected vendors, and billing. Administrators control Customer Data (defined below) within their tenant.
  • Security. Use strong passwords/SSO and notify us immediately of suspected compromise. We may suspend access to protect the Platform or other users.

4) Customer Data & data roles

Customer Data means conversation content (calls, SMS/MMS, emails), media, transcripts, prompts/responses, metadata (timestamps, routing, usage), account details, and configurations that you or your users provide to or generate in the Platform. As between the parties, you retain ownership of Customer Data.

  • Processor role. For Customer Data, we act as processor/service provider under your instructions and our data processing agreement (DPA) where applicable. You are responsible for obtaining all required consents and notices and for configuring policies appropriate to your obligations.
  • Controller role. We act as independent controller for Website data, account administration, fraud/security logs, and billing records. See our Privacy Policy.
  • No sale/sharing for ads. We do not sell personal data or share it for cross-context behavioral advertising.

5) Acceptable use

You will not (and will not allow others to):

  • Use the services in violation of law (e.g., telecom anti-spam/A2P rules, recording-consent, privacy, IP, export, or sanctions laws).
  • Store or transmit malicious code; probe/scan penetration points without written authorization; interfere with other users or the Platform.
  • Send unsolicited or deceptive communications; engage in harassment, hate speech, or abuse.
  • Attempt to circumvent rate limits or service controls; misuse any API in a manner inconsistent with documentation.
  • Use the Platform for emergency services; it is not a replacement for 911/112 or other emergency numbers.
  • Use in high-risk environments where failure could lead to death, personal injury, or severe environmental damage.

6) Telephony, messaging & recording compliance

  • Consent & identification. You are responsible for obtaining all required consents for calling, texting, emailing, and for any call recording or monitoring. Configure call-recording announcements and dual-party consent where required.
  • Messaging rules. You must comply with applicable A2P/10DLC, carrier, and anti-spam requirements (e.g., clear opt-in/opt-out and brand identification in messages).
  • Prohibited content. Do not use the services for deceptive, harmful, or illegal communications or to disseminate MNPI (material non-public information). Our policy guardrails are designed to help prevent such disclosures but are not a guarantee.

7) AI/Model providers & “BYOV”

  • Managed defaults. We can provide platform-managed model vendors under our agreements with those vendors.
  • Bring your own vendor (BYOV). You may connect your own model/telephony/email providers. You remain responsible for those providers, their fees, and compliance with their terms. Where you connect a provider, we act on your instructions to route requests.
  • Training. We do not use identifiable Customer conversation content to train third-party foundation models. We may use de-identified/aggregated data to operate, secure, and improve the Platform.

8) Safeguards & security

We implement technical and organizational measures designed to protect data, including encryption in transit, RBAC, audit trails, rate limiting, least-privilege access, environment segregation, and monitoring. No system is perfectly secure; you are responsible for securing your endpoints, credentials, and vendor accounts. Incident handling and notifications will follow applicable law and our agreements.

9) Availability, support & beta features

  • Availability. We aim for high availability but do not guarantee uninterrupted service. Scheduled maintenance and third-party outages may occur.
  • Support. Support levels are as specified in your plan or order. We may provide documentation and best-effort guidance.
  • Alpha/Beta/Early Access. Pre-release features are provided “as is,” may change or be withdrawn, and may be subject to additional terms.

10) Fees, billing & taxes

  • Plans and usage. Fees may include seats and usage-based charges (e.g., voice minutes, SMS segments, emails). Overage applies when included usage is exceeded.
  • Invoicing. We aggregate usage monthly and bill per your plan. Unless stated otherwise, fees are due upon receipt and are non-refundable.
  • Taxes. Fees exclude taxes. You are responsible for applicable taxes, except those based on our net income.
  • Non-payment. We may suspend or downgrade the account for unpaid fees after notice.

11) Intellectual property & feedback

  • Our IP. Chatter Genius and its licensors own all rights, title, and interest in the Platform, Website, and underlying technology.
  • Your content. You retain rights in Customer Data. You grant us a limited, non-exclusive license to process Customer Data solely to provide the services and as otherwise permitted in these Terms or the DPA.
  • Feedback. If you provide feedback, we may use it without obligation or restriction.

12) Confidentiality

Each party may access the other's confidential information and will protect it using reasonable safeguards, use it only for the purpose of these Terms, and not disclose it to third parties except to personnel or providers who need to know and are bound to confidentiality. These obligations do not apply to information that is public, independently developed, or rightfully obtained from others.

13) Third-party services

The services may interoperate with third-party applications or connectors. We do not control and are not responsible for third-party services. Your use of any third-party service is subject to that provider's terms and privacy policy.

14) Compliance, export & sanctions

You represent that you are not located in, and will not use the services from, jurisdictions where use is prohibited by law, and that you are not on any U.S. or other applicable government sanctions list. You will comply with export, anti-corruption, and anti-bribery laws.

15) Warranties & disclaimers

THE WEBSITE AND PLATFORM ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT GUARDrails WILL PREVENT ALL POLICY VIOLATIONS OR MNPI DISCLOSURES.

16) Indemnification

  • By you. You will defend and indemnify us against claims arising from (a) your Customer Data or communications; (b) your use of the services in violation of law or these Terms (including telephony/messaging rules); or (c) your connected third-party vendors (BYOV).
  • By us (IP). We will defend and indemnify you against third-party claims alleging the Platform (excluding your content or third-party services) infringes a U.S. copyright, trademark, or patent, provided you promptly notify us and allow us to control the defense. We may modify or replace the allegedly infringing component or terminate the affected feature and issue a pro-rated refund for unused fees. This section does not apply to claims arising from combinations not provided by us, modifications not made by us, or unsupported uses.

17) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND YOUR INDEMNITY OBLIGATIONS, EACH PARTY'S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

18) Term, suspension & termination

  • Term. These Terms apply from the earlier of your first use or account creation and continue while you use the services.
  • Suspension. We may suspend access for non-payment, security risks, or violations of these Terms.
  • Termination for cause. Either party may terminate for material breach that remains uncured 30 days after written notice.
  • Effect. Upon termination, your access will cease. We will handle Customer Data per our retention and deletion policies and applicable law. Sections intended to survive (e.g., IP, confidentiality, limitations, indemnities, payment) will survive.

19) Changes to the Terms

We may update these Terms to reflect operational, legal, or regulatory changes. For material changes, we will provide notice via the Website, Platform, or email where feasible. Your continued use after the effective date constitutes acceptance of the updated Terms.

20) Governing law & venue

These Terms are governed by the laws of the State of New York, without regard to conflicts of law rules. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in New York County, New York, for any dispute not subject to arbitration.

21) Dispute resolution; arbitration (optional)

Before filing a claim, the parties will attempt to resolve disputes through good-faith negotiations for 30 days. At our election, any unresolved dispute may be submitted to binding arbitration under the rules of the American Arbitration Association in New York County, New York. The arbitrator may award individual relief only. Class actions and class-wide arbitrations are not permitted.

22) Miscellaneous

  • Order of precedence. If you have an executed order, DPA, or other written agreement with us, that document controls in the event of conflict with these Terms.
  • Force majeure. Neither party is liable for delays or failures caused by events beyond reasonable control.
  • Assignment. You may not assign these Terms without our prior written consent; we may assign to an affiliate or in connection with a corporate transaction.
  • Notices. Notices to Chatter Genius must be sent to legal@chattergenius.ai and, if contractual, also to our registered address available upon request.
  • Severability; waiver. If a provision is unenforceable, the remainder remains in effect. A waiver must be in writing and is not ongoing unless stated.
  • Entire agreement. These Terms, together with any applicable order, DPA, and policies incorporated by reference (including the Privacy Policy and Cookie Settings), form the entire agreement regarding the services.

Contact

Questions about these Terms? Email legal@chattergenius.ai.