Terms of Service

Assistable provides a platform for building, testing, deploying, managing, and observing AI agents that handle customer interactions across voice, SMS, WhatsApp, and chat, together with related tools, APIs, SDKs, and documentation. We may update, enhance, or modify features over time, and we may add or deprecate functionality.

You must provide accurate, current information when you create an account and keep it up to date. You are responsible for your workspace configuration, for safeguarding your credentials and API keys, and for all activity that occurs under your account. You must be at least 18 years old and capable of forming a binding contract. You are responsible for your authorized users and for their compliance with these Terms.

Your use of the services must comply with our Acceptable Use Policy, which is incorporated into these Terms. You are responsible for the prompts, knowledge, tools, and instructions you give your agents and for the conversations they conduct on your behalf.

You are the caller and sender of record for all communications you initiate through the services, and you are solely responsible for compliance with the laws and carrier rules that apply to calls and messages. Without limiting your other obligations, you agree to:

• Obtain and document all legally required consent before contacting recipients, including prior express written consent where required for autodialed, prerecorded, artificial-voice, AI-generated-voice, or marketing calls and texts under the Telephone Consumer Protection Act (TCPA) and similar laws.
• Treat AI-generated and prerecorded voices as “artificial or prerecorded voice” for compliance purposes where applicable, and provide any required disclosure at the start of a call that the recipient is interacting with an automated or AI system, including identifying the business and the purpose of the call.
• Honor opt-out and do-not-call requests promptly, maintain an internal do-not-call list, and scrub against the National Do Not Call Registry and applicable state lists.
• Respect permitted calling hours and applicable state telemarketing and messaging laws.
• Obtain consent to record calls, including in two-party or all-party consent jurisdictions.
• Use accurate caller identification and not spoof or falsify caller ID.
• Complete and maintain A2P 10DLC registration and comply with WhatsApp Business and carrier messaging policies, and retain records of consent and opt-outs.

As between you and Assistable, you own the data you and your end users submit to or generate through the services (“Customer Data”). You grant Assistable a non-exclusive, worldwide license to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, and support the services and as otherwise permitted by these Terms.

Our processing of personal data within Customer Data is governed by our Data Processing Addendum. You represent that you have all rights and consents necessary for Assistable to process Customer Data as contemplated by these Terms.

Self-serve accounts are billed on a pay-as-you-go, usage basis, with no monthly subscription fee, such as voice orchestration billed per minute and chat billed per message, together with model, telephony, and add-on usage and any applicable pass-through charges. Enterprise and custom plans may include a subscription or platform fee as stated in your order form, in addition to usage-based charges. Fees are billed as described in your account or order form, are stated exclusive of taxes (for which you are responsible other than taxes on our income), and are non-refundable except as required by law.

Enterprise subscriptions renew automatically for successive terms unless cancelled before the renewal date, as stated in your order form. We may change pricing with prior notice. Late or failed payments, or an insufficient account balance for pay-as-you-go usage, may result in suspension as described below.

We may offer trials, evaluations, or features identified as beta, preview, or experimental. These are provided as-is, may be changed or withdrawn at any time, may have lower or no service levels, and are excluded from any warranties and indemnities to the maximum extent permitted by law.

Assistable and its licensors own all rights, title, and interest in and to the platform, software, models we provide, documentation, and related materials, including all improvements. Subject to these Terms and your payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the services during your subscription.

You may not copy, modify, create derivative works of, reverse engineer, decompile, or attempt to extract source code from the services; resell, sublicense, or provide the services to third parties except as expressly permitted; or use the services or any output to build or train a competing product or service.

If you give us feedback, suggestions, or ideas about the services, you grant Assistable a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.

The services may interoperate with third-party products such as model providers, telephony carriers, messaging platforms, and CRMs. Your use of those products is governed by their own terms, we are not responsible for them, and we do not warrant their availability or performance.

Each party may receive the other party's confidential information. The receiving party will protect it with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and advisors with a need to know who are bound by confidentiality obligations, except where disclosure is required by law.

The services are provided on an as-is and as-available basis. To the maximum extent permitted by law, Assistable disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the services will be uninterrupted, error-free, or that outputs will be accurate or complete. AI-generated outputs may be inaccurate and should be reviewed by you before reliance.

The services are not designed for, and you may not use them for, activities where failure could lead to death, personal injury, or severe physical or environmental damage, including emergency services, life-support, or other high-risk uses. You are responsible for implementing appropriate human oversight and safeguards for your use of AI agents.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to these Terms, even if advised of the possibility.

To the maximum extent permitted by law, each party's total aggregate liability arising out of or related to these Terms will not exceed the amounts you paid to Assistable for the services in the twelve months before the event giving rise to the claim. These limitations do not apply to your payment obligations, either party's indemnification obligations, or liability that cannot be limited by law.

You will defend, indemnify, and hold harmless Assistable from third-party claims, damages, and costs arising out of your Customer Data, your communications and campaigns, or your use of the services in violation of these Terms or applicable law (including telephony and messaging laws).

We will defend you against third-party claims alleging that the services, as provided by us and used in accordance with these Terms, infringe that third party's intellectual property rights, and will pay resulting damages finally awarded, subject to customary conditions and exclusions.

We may suspend or limit your access to the services if your use poses a security, legal, or operational risk, violates these Terms or the Acceptable Use Policy, or if your account is overdue. Where practical, we will give notice and an opportunity to cure.

These Terms apply while you use the services. Either party may terminate for material breach that is not cured within thirty days of notice. On termination, your right to use the services ends, and we will make Customer Data available for export for a limited period before deletion, subject to legal retention requirements. Fees already incurred remain payable.

Availability commitments, support tiers, and any service level agreement are as described in your plan or order form. Enterprise plans may include a 99.99% uptime service level and priority support.

You must comply with all applicable export control and sanctions laws. You represent that you are not located in, and will not use the services in, an embargoed country or on a restricted-party list, and that you will not use the services for any prohibited end use.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Subject to any separate written agreement, the parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware, and each party waives any objection to venue there. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

We may update these Terms from time to time. We will post the updated Terms with a new effective date and, for material changes, provide additional notice. Changes are effective when posted unless stated otherwise, and your continued use of the services after they take effect constitutes acceptance.

The following general terms apply to these Terms:

• Assignment: you may not assign these Terms without our consent, except to a successor in a merger or sale of substantially all assets; we may assign freely.
• Force majeure: neither party is liable for delays or failures caused by events beyond its reasonable control.
• Severability: if any provision is unenforceable, the rest remains in effect.
• Waiver: failure to enforce a provision is not a waiver of it.
• Notices: legal notices to Assistable should be sent to support@assistable.ai; we may notify you through your account or the email on file.
• Entire agreement: these Terms, the Acceptable Use Policy, the Privacy Policy, the Data Processing Addendum, and any order form are the entire agreement between the parties on this subject.
• Survival: provisions that by their nature should survive termination will survive, including ownership, confidentiality, disclaimers, limitations of liability, and indemnification.

Questions about these Terms can be sent to support@assistable.ai.