Terms & Conditions
1. Terms of Services
A. Acceptance of Terms
B. The Service (The AI Sales Platform)
C. Customer Data & AI Training
D. Billing, Term, and Termination
E. Intellectual Property (IP)
F. Warranties, Disclaimers, and Liability
G. Governing Law
2. Privacy Policy Framework
A. Introduction & Compliance
B. Data Collected (The Three Categories)
C. How Data Is Used (Transparency)
D. Data Sharing and Third Parties
E. Security and Data Retention
F. User Rights
1. Terms of Service (TOS)
A. Acceptance of Terms
- Binding Agreement: Statement that by clicking “I Agree,” signing a service order, or using the Service, the Customer agrees to be bound by the Terms.
- Target Audience Restriction (B2B): Clearly state that the Service is for business use only (B2B) and that individuals using it warrant they have the authority to bind the entity.
- Age Restriction: Must be 18 years or older.
B. The Service (The AI Sales Platform)
- License Grant: Granting the Customer a non-exclusive, non-transferable, limited right to access and use the platform (the “AI Sales Agent”) during the subscription term.
- Service Level Agreement (SLA) & Availability: Defining reasonable efforts to maintain uptime, but explicitly disclaiming liability for interruptions due to scheduled maintenance, third-party providers (e.g., telecom carriers), or external factors.
- Use Restrictions: Prohibiting illegal use, spamming, bulk unsolicited communications, reverse engineering the AI models, or using the service for High-Risk Activities (e.g., emergency services).
- AI Output Disclaimer: Acknowledging that AI-generated output (call scripts, transcripts) may not always be perfectly accurate or error-free and that the Customer retains final responsibility for all communications with their leads.
C. Customer Data & AI Training
- Customer Data: Defining “Customer Data” to include lead lists, contact information, call logs, and transcripts.
- License to Use Data: Customer grants you a necessary license to use this data only to provide the Services.
- AI Model Training : State clearly whether or not Customer Data (especially call transcripts and chat logs) will be used in an anonymized/aggregated form to train and improve your proprietary AI models. You must be transparent about this.
- Customer Responsibility: Customer is responsible for ensuring they have all necessary legal rights and consents to provide the data to you and for you to use it.
D. Billing, Term, and Termination
- Subscription & Payment: Details on recurring billing, payment methods, and consequences for non-payment.
- Term & Renewal: Length of the initial term and the automatic renewal period .
- Refund Policy: Explicitly stating your refund/cancellation policy .
- Termination: Conditions under which either party can terminate the agreement.
E. Intellectual Property (IP)
- Your IP: You retain all rights to the platform, underlying AI models, algorithms, and content.
- Customer IP: Customer retains all rights to the Customer Data.
- Feedback: Any feedback/suggestions given by the Customer is free for you to use to improve the platform.
F. Warranties, Disclaimers, and Liability
- Disclaimer of Warranties: Services are provided “as is.” You disclaim all implied warranties (like fitness for a particular purpose).
- Limitation of Liability: A specific clause limiting your liability for damages, typically capped at the total amount paid by the Customer in the preceding 6 or 12 months. This is critical for any SaaS.
- Indemnification: Requiring the Customer to indemnify (legally protect) you against claims arising from their misuse of the platform or their failure to comply with laws (e.g., spam laws, call consent laws).
G. Governing Law
- Specifying the jurisdiction and laws that govern the agreement (e.g., the laws of your company’s registration state/country).
Privacy Policy Framework
This is a legal requirement detailing what data you collect, how you use it, and how users can exercise their rights (GDPR, CCPA, etc.).
A. Introduction & Compliance
- Purpose: State that the policy governs the collection and use of Personal Data.
- Applicability: Mentioning relevant laws like GDPR (for UK/EU leads) and CCPA/CPRA (for US leads/customers).
B. Data Collected (The Three Categories)
- Data You Collect Directly (Customer/User Data): Names, email addresses, billing info, account credentials (for your paying clients/users).
- Data You Process on Behalf of the Customer (Lead Data): This is the most sensitive—the names, phone numbers, email addresses, call transcripts, and recordings of your Customer’s leads.
- Crucial Disclosure: Clearly state that for this “Lead Data,” the Customer is the Data Controller and you are the Data Processor. You only process it based on the Customer’s instructions.
- Usage Data (Automatic): IP address, browser type, cookies, and system logs used for security and analytics.
C. How Data Is Used (Transparency)
- To Provide the Service: Using the data to make calls/texts, schedule appointments, and update the CRM-style dashboard.
- Service Improvement/AI Training: Repeat the disclosure from the ToS regarding the use of anonymized/aggregated data for model improvement.
- Marketing & Communication: Use of Customer email for billing, updates, and marketing .
D. Data Sharing and Third Parties
- Service Providers: Mentioning categories of third parties you share data with.
- NO Selling of Data: Explicitly state that you do not sell the Customer’s Lead Data.
E. Security and Data Retention
- Security Measures: General statement on the technical and organizational measures taken to protect data.
- Retention: How long data is kept after a customer cancels before deletion.
F. User Rights
- Outlining the rights of data subjects (Customers and their Leads) under relevant laws: Right to Access, Right to Deletion/Erasure (“Right to be Forgotten”), Right to Correction, and the Right to Opt-Out of certain data processing.