Terms of Service

"Service" or "Platform" means the Aitelier Voice Platform and all related software, APIs, dashboards, mobile applications, documentation and ancillary services we make available to you.

"Customer Data" means any data, content or material that you, your end users, or your callers submit to or generate through the Service, including without limitation prompts, scripts, knowledge base content, call recordings, transcripts, slot values, and webhook payloads.

"Account" means the credentials and configuration associated with your access to the Service, including any sub-accounts of teammates you invite.

"Order Form" means a written or electronic ordering document between you and Aitelier referencing these Terms.

"DPA" means the Data Processing Addendum published at aitelier.org/dpa and incorporated by reference.

"AI Output" means any text, audio, structured data, classification, or other result generated by the Service based on Customer Data and third-party AI models.

The Service is a multi-tenant Software-as-a-Service platform that lets businesses build and operate voice and text AI agents. The Service is delivered exclusively as a hosted offering from our infrastructure; we do not provide source code, on-premise installations, single-tenant deployments, or appliance versions of the Service.

We may modify, add to, or discontinue features of the Service at any time. We will provide reasonable notice of material adverse changes to material features, except in case of urgent changes required by security, legal, or third-party-provider considerations. Features marked "beta", "preview", "experimental", or "pre-release" are provided "as is" and may be modified or withdrawn without notice; no SLA applies to them.

You are responsible for everything that happens under your Account, including the acts and omissions of every user you invite, every API call made with credentials issued to you, every scenario you configure, every piece of Customer Data you submit, and every outbound call you trigger. The fact that a third party caused the activity does not relieve you of responsibility unless the third party acted without authorisation despite your reasonable safeguards.

You will keep all credentials (passwords, magic-link codes, API keys, webhook signing secrets) confidential and use industry-standard practices to protect them, including immediate rotation when compromised. You will notify Aitelier without undue delay (and in any case within 24 hours) of any actual or suspected unauthorised use of your Account by writing to security@aitelier.org.

You will not share Accounts among multiple individuals, attempt to access another customer's data, or use the Service to evaluate competing products or to develop a substantially similar product.

Your use of the Service must comply with all applicable laws, including without limitation: (a) telecommunications and telemarketing rules such as the United States Telephone Consumer Protection Act ("TCPA"), state mini-TCPA statutes, and Federal Communications Commission rules; (b) data-protection laws including the EU General Data Protection Regulation ("GDPR"), the UK Data Protection Act, the California Consumer Privacy Act ("CCPA"), and equivalents wherever your callers reside; (c) consumer-protection laws governing call recording, AI disclosure, and unfair commercial practices; (d) export control and sanctions regimes referenced in §17.

You are solely responsible for obtaining and maintaining all consents, opt-ins, registrations and disclosures required to place or record outbound calls, to disclose that the agent is AI, and to store or process personal data of your callers. Aitelier provides technical tools — recording controls, configurable disclosure prompts, do-not-call list import, audit logs — but Aitelier does not collect consent on your behalf, does not verify your registrations, and does not act as your compliance officer.

You will maintain and honour your own internal and statutory do-not-call lists, will respect calling-hour rules in each jurisdiction, and will identify the agent as AI to callers where required by law. You will indemnify us against any consequences of your non-compliance pursuant to §13.

You will not, and will not permit any user or third party to: (a) use the Service to harass, defraud, deceive, threaten, or harm any person, or to impersonate any individual without that individual's informed consent; (b) place outbound calls to numbers on any applicable do-not-call list or to recipients who have withdrawn consent; (c) generate, store, transmit, or solicit content that is unlawful, defamatory, obscene, infringing, or that promotes violence or self-harm; (d) reverse engineer, decompile, disassemble, scrape, or otherwise attempt to derive the source code, models, training data, or trade secrets of the Service, except where applicable law expressly prohibits this restriction; (e) circumvent or attempt to circumvent rate limits, quotas, billing, sandbox flags, telephony route classifications, or other security and operational controls; (f) interfere with the Service's integrity, performance, or other customers' use of it, including via denial-of-service, malware, brute-force attempts, or excessive automated requests; (g) use the Service to build, train, evaluate, or improve any product that competes with the Service; (h) sublicense, rent, lease, or resell access to the Service except under a partner or reseller agreement signed with us; (i) misrepresent the agent as human in any context where applicable law requires AI disclosure; (j) use the Service for any activity that is illegal in your jurisdiction, in the caller's jurisdiction, or in the United States.

We may immediately suspend all or part of your access to the Service, block specific scenarios, block specific destination numbers or regions, terminate Accounts, and withhold AI Output if we reasonably believe these rules are being violated, if continued use poses material risk to us or to third parties, if you fail to pay amounts due, or if compelled by law. We will notify you of any suspension as soon as practicable; we are not required to do so before acting where notice would be impractical or would itself increase the risk.

The Service produces AI Output by combining your Customer Data with third-party large-language-model providers (including OpenAI, Anthropic, Google and others). AI Output is probabilistic and may contain errors, omissions, fabrications ("hallucinations"), or content that is inaccurate, biased, offensive, or otherwise unsuitable for your purpose, even when the Service is functioning as intended.

You acknowledge and agree that: (a) AI Output is not a substitute for professional advice (legal, medical, financial, or otherwise) and must not be relied on as such; (b) you are solely responsible for reviewing, verifying, moderating and approving AI Output before acting on it, before relaying it to your callers, customers or employees, and before relying on it for any business decision that has legal or financial consequence; (c) Aitelier makes no warranty as to the accuracy, completeness, suitability or non-infringement of any AI Output; (d) where the Service is used to place autonomous outbound calls, you assume the risk of AI Output that misrepresents your business, and you will configure scenarios, knowledge bases, and guardrails appropriate to that risk; (e) third-party AI model providers may have their own usage policies that bind your use of the Service and may at any time refuse to generate certain outputs.

You will not use AI Output in a manner that violates applicable AI-disclosure laws, that defames or misrepresents any person, that constitutes professional advice without appropriate human review, or that would otherwise expose Aitelier or any third party to liability.

As between you and Aitelier, you own all right, title and interest in Customer Data. You grant Aitelier a non-exclusive, worldwide, royalty-free, sublicensable (to our sub-processors solely as needed) licence to host, transmit, process, store, modify, format and otherwise use Customer Data solely (i) to provide, operate, secure and improve the Service for you, (ii) to comply with law and respond to lawful requests, (iii) to enforce these Terms, and (iv) in aggregated and de-identified form to monitor and improve the Service so long as such data does not identify you, your users, or your callers.

We do not use Customer Data to train shared or general-purpose AI models. We do not sell Customer Data. We do not disclose Customer Data to third parties except: (a) to sub-processors listed in the DPA strictly as needed to deliver the Service; (b) where you instruct us to do so (e.g. through your plugin configurations); (c) where required by law, court order, or a binding request from a competent authority; (d) to defend Aitelier in actual or threatened litigation; (e) in connection with a merger, acquisition, financing, or sale of assets where the recipient is bound by confidentiality at least as strict as these Terms.

You represent and warrant that you have all rights, consents, registrations and authorisations needed to submit Customer Data and to grant the licences above; that Customer Data does not violate any third-party rights or applicable law; and that Customer Data does not include special-category personal data (such as health, biometric, racial, religious, sexual-orientation, or trade-union data) unless you have separately signed an addendum with us authorising such processing.

As between you and us, Aitelier and its licensors own all right, title and interest in and to the Service, including all software, models, model weights (where owned), industry packs (other than your edits to them), documentation, trademarks, trade dress, look-and-feel, design, code, APIs, plugin SPI, configuration, performance metrics, and the aggregated de-identified usage data referenced in §7. No rights are granted to you except as expressly set out in these Terms.

You will not remove, obscure, or alter our or our licensors' proprietary notices. Feedback you provide is given on a non-confidential basis and may be used by us without restriction or compensation.

You will pay the fees described in your Order Form, on the pricing page, or as displayed in the Service at the time of use. Usage-based fees are metered in real time against your prepaid wallet or, where postpaid billing has been enabled, against a credit limit. Aitelier may change pricing for future billing periods on at least 30 days' notice via email; price changes do not affect a paid-in-advance period that is already active.

All amounts are stated in U.S. dollars and are exclusive of taxes, levies, duties and similar charges ("Taxes"). You are responsible for paying all Taxes other than taxes assessed on Aitelier's net income, including without limitation VAT, GST, sales tax, use tax and withholding tax. If you are required to withhold tax from amounts payable to us, you will gross up the payment so that the net amount we receive equals the amount that would have been received in the absence of such withholding, and you will provide the relevant tax receipts. Postpaid invoices are issued by ASAP RESEARCH LABORATORIES LLC from Wyoming, United States.

Wallet top-ups are non-refundable except as expressly stated in §9(d). Consumed usage-based fees are non-refundable. Subscription fees, where applicable, are non-refundable but may be cancelled at any time, with the subscription running through the end of the paid period. (d) Unused wallet balance is refundable to the original payment method for six (6) months following the last activity in your Account, on written request to billing@aitelier.org.

Late or failed payment on a postpaid invoice may, after 30 days past due, result in suspension of the Service under §5 and may also bear interest at the lower of 1.5% per month or the maximum rate permitted by law. We may recover reasonable costs of collection, including attorneys' fees.

The Service relies on and integrates with third-party services, including without limitation telephony providers (Twilio, LiveKit), AI model providers (OpenAI, Anthropic, Google), payment processors (Stripe), email senders, infrastructure providers (Hetzner, Cloudflare), and the integrations you choose to connect (CRMs, booking systems, calendars). Use of those third-party services is subject to the providers' own terms and acceptable-use policies. We are not responsible for the acts or omissions of third-party providers, for outages or degradations of third-party services, or for any changes to their terms or pricing that affect the Service.

A current list of our sub-processors is published in the DPA. We commit to giving 30 days' prior notice before adding a new sub-processor.

"Confidential Information" means non-public information disclosed by one party ("Discloser") to the other ("Recipient") that is identified as confidential or that a reasonable person would understand to be confidential. It includes Customer Data on your side and pricing, performance benchmarks, security architecture, model selection, road maps and unreleased features on ours.

Recipient will (a) use Confidential Information only as needed to exercise rights and perform obligations under these Terms, (b) protect it with at least the same degree of care it uses for its own Confidential Information of like importance and in no case less than a reasonable standard of care, and (c) disclose it only to its employees, contractors and advisors who need it for the same purposes and who are bound by confidentiality obligations no less protective than these. Confidentiality obligations survive termination for three (3) years, except for trade secrets, which are protected for as long as they remain trade secrets under applicable law.

Recipient may disclose Confidential Information when required by law, regulation or court order, provided that, where legally permitted, Recipient gives Discloser prompt notice and a reasonable opportunity to seek a protective order.

Each party warrants that it has the corporate authority to enter into these Terms.

Aitelier warrants that the Service will be provided with reasonable skill and care. EXCEPT FOR THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, THE PLATFORM, THE INDUSTRY PACKS, THE PLUGINS, THE AI OUTPUT AND ALL OTHER MATERIAL ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND AITELIER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AITELIER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE FROM ALL THREATS, FREE FROM HALLUCINATIONS, OR THAT IT WILL MEET YOUR REQUIREMENTS. AITELIER DOES NOT WARRANT THE PERFORMANCE OR AVAILABILITY OF ANY THIRD-PARTY SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY (NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS) WILL BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, GOODWILL, OR CUSTOMERS, OR FOR LOSS OR CORRUPTION OF DATA, REPUTATIONAL HARM, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS — IN CONTRACT, TORT, STATUTE, OR ANY OTHER THEORY — WILL NOT EXCEED THE GREATER OF (i) THE FEES YOU ACTUALLY PAID TO AITELIER UNDER THESE TERMS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE THOUSAND U.S. DOLLARS ($1,000).

The exclusions and limitations in this §13 apply (a) to the maximum extent permitted by law, (b) regardless of the form of action, and (c) even if the remedies otherwise available are inadequate. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for gross negligence, wilful misconduct, fraud, death or personal injury caused by negligence, or any liability that the law of your jurisdiction does not permit to be limited.

You acknowledge that the fees reflect the allocation of risk in these Terms; without these limits the fees would be substantially higher.

You will defend, indemnify and hold harmless Aitelier and its affiliates, officers, directors, employees, agents, sub-processors and licensors (each an "Indemnified Party") from and against any third-party claim, action, demand, proceeding, fine, judgement, settlement, damage, liability, loss, cost or expense (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms, (b) Customer Data and your scenarios, prompts, knowledge base, plugin configurations, or scripts, (c) your violation of any applicable law including TCPA, GDPR, CCPA, AI-disclosure laws and consumer-protection laws, (d) outbound calls placed through your Account, including any claim by a recipient that the call was unsolicited or non-compliant, (e) your AI-disclosure, consent collection, or do-not-call list management, (f) your use of AI Output in any way prohibited by §6, (g) your infringement, misappropriation or violation of any intellectual-property, privacy or publicity right.

Aitelier will defend you against any third-party claim alleging that the Service, as used in accordance with these Terms, directly infringes a third party's intellectual-property right enforceable in the United States or the European Union, and will pay any final award against you. Aitelier's obligation does not apply to claims arising from (i) modifications to the Service not authorised by us, (ii) combination of the Service with anything not provided by us, (iii) Customer Data, (iv) AI Output reflecting your prompts or knowledge base, (v) your use of the Service after we notified you to stop, or (vi) compliance with your specifications. As a sole and exclusive remedy, we may at our option (1) procure for you the right to continue using the affected Service, (2) modify the Service to be non-infringing, or (3) terminate the affected Service and refund any prepaid unused fees for the affected period.

The indemnified party must (a) promptly notify the indemnifying party of the claim, (b) give the indemnifying party sole control of the defence and settlement, and (c) cooperate at the indemnifying party's expense. The indemnified party may participate at its own expense. No settlement that admits fault or imposes any obligation on the indemnified party may be agreed without that party's prior written consent.

These Terms commence on first use of the Service and remain in effect until terminated. You may terminate at any time by closing your Account in the dashboard or by writing to support@aitelier.org. Aitelier may terminate (a) immediately for your material breach that is not cured within thirty (30) days of written notice (or that is not curable), (b) immediately for non-payment unremedied within seven (7) days of notice, (c) immediately for any violation of §5 (Acceptable use) or §17 (Sanctions), or (d) for any other reason on thirty (30) days' notice.

Aitelier may suspend access to the Service or any part of it (including specific scenarios, destination regions, plugin types) at any time, with or without notice, where (i) you violate these Terms or applicable law, (ii) continued service poses a material security, legal, reputational or operational risk to Aitelier or third parties, (iii) you fail to pay amounts due, (iv) we are compelled to do so by law or by a third-party provider, or (v) the Service is, in our reasonable judgement, being used to harm third parties.

Upon termination: (a) your right to access the Service ends; (b) any fees accrued through the effective date of termination remain payable; (c) within thirty (30) days, Aitelier will delete Customer Data from production systems, except where retention is required by law or for legitimate audit, dispute-resolution or anti-fraud purposes; (d) sections that by their nature should survive — including §1 (Definitions), §7 (last two paragraphs), §8, §11, §12, §13, §14, §15 (last paragraph), §16, §17, §18 and §19 — survive termination.

These Terms and any dispute arising out of or related to them or to the Service are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the carve-out below, the exclusive venue for any judicial proceeding is the state and federal courts located in Laramie County, Wyoming, United States, and each party irrevocably consents to the personal jurisdiction of, and venue in, those courts. Each party waives any objection based on inconvenient forum. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction anywhere to protect its intellectual-property rights or Confidential Information.

WHERE PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY DISPUTE ARISING UNDER THESE TERMS. CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY.

Nothing in this §16 deprives a consumer of any non-waivable right under the mandatory consumer-protection law of their country of habitual residence; in such case the consumer may bring proceedings in the courts of that country.

You represent that you and your authorised users (a) are not located in, organised under the laws of, or ordinarily resident in any country, region or territory subject to comprehensive U.S., EU, UK, UN or other applicable sanctions (currently including without limitation Cuba, Iran, North Korea, Syria, the Crimea / so-called Donetsk and Luhansk People's Republics, and the non-government-controlled areas of the Kherson and Zaporizhzhia regions of Ukraine), and (b) are not a Specially Designated National, blocked person, or otherwise the target of any U.S., EU, UK or UN sanctions list. You will not use the Service in violation of any export-control or sanctions law, will not allow the Service to be accessed from any sanctioned jurisdiction, and will not use it to provide services to any sanctioned person.

You will not, directly or indirectly, offer, give, request or accept any bribe or improper payment in connection with the Service, and will comply with all applicable anti-corruption laws including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act.

Where Aitelier publishes a Service Level Agreement on the pricing page or as part of an Order Form, the SLA describes the sole and exclusive remedy for failures to meet the stated availability or latency targets — typically a service credit applied to a future invoice. No SLA applies to features marked beta, preview, experimental or pre-release, to third-party services, or to outages caused by your actions, by a force majeure event under §19, or by suspension under §15.

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil disorder, labour disputes, government action, internet or telecommunications failures, third-party-provider outages, cyber-attacks, and changes in applicable law. The affected party will give prompt notice and will use reasonable efforts to resume performance.

Notices to Aitelier must be sent to legal@aitelier.org with a copy to support@aitelier.org; notices to you will be sent to the email address associated with your Account or posted in the Service. Notices are deemed received when sent (for email) or on posting (for in-Service notices).

You may not assign these Terms (by operation of law or otherwise) without our prior written consent; any attempted assignment without consent is void. Aitelier may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of its assets to which these Terms relate, on notice to you. Subject to the foregoing, these Terms bind and benefit the parties and their permitted successors and assigns.

These Terms, together with the Privacy Policy, the DPA, any applicable SLA, and any signed Order Form, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, proposals or representations, written or oral, concerning the subject matter. These Terms prevail over any conflicting terms in a purchase order, vendor-portal click-through, or other unilateral terms you may attempt to impose. If any provision is held unenforceable, the remainder of these Terms remains in force and the unenforceable provision will be reformed to the minimum extent needed for enforceability. No waiver of any term is effective unless in writing signed by the waiving party; failure to enforce any term is not a waiver. No agency, partnership, joint venture or employment is created by these Terms; there are no third-party beneficiaries.

We may update these Terms from time to time. The current version is always posted at aitelier.org/terms with the "Last updated" date. We will notify you of material changes by email at least 30 days before they take effect; non-material changes take effect on posting. Your continued use of the Service after a change takes effect constitutes acceptance.

ASAP RESEARCH LABORATORIES LLC. Registered office: 1603 Capitol Avenue, Suite 413A, 2584, Cheyenne, WY 82001, United States. Legal notices: legal@aitelier.org. Security and abuse: security@aitelier.org. Billing: billing@aitelier.org. Support: support@aitelier.org.