Terms & Conditions

AI Agent: AI Calling Assistant

Last Updated: 24 August, 2024

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the AI Agent: AI Calling Assistant mobile application (the "Service") operated by [Your Company Name] ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Important Notice

The AI Agent: AI Calling Assistant must not be used for any unlawful, harmful, or fraudulent activities. This includes, but is not limited to, pranks, scams, harassment, or any other illegal activities. As Justice Potter Stewart famously said about obscenity, "I know it when I see it." We apply a similar standard to the use of our Service. Any activity that we deem inappropriate or illegal may result in immediate termination of your account and access to the Service.

1. Use of the Service

1.1. AI Agent: AI Calling Assistant is an AI-powered phone call service that allows users to make AI-assisted phone calls.

1.2. Free users can test the AI conversation feature locally for up to 7 minutes without making actual phone calls.

1.3. To make calls using real phone numbers through our AI service, you must have an active subscription.

1.4. By using our Service, you agree to comply with all applicable laws and regulations.

1.5. You agree not to use the Service for any unlawful purposes, including but not limited to pranks, scams, harassment, or any other illegal activities.

1.6. Our Service utilizes AI models provided by OpenAI. By using our Service, you also agree to comply with OpenAI's usage policies (https://openai.com/policies/usage-policies). Violation of these policies may result in the termination of your account.

2. Apple App Store Additional Terms

2.1. These Terms of Service are between you and AI Agent App only, not with Apple, and Apple is not responsible for the Service and the content thereof.

2.2. The license granted to you for our mobile application is limited to a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

2.3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

2.4. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.

2.5. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

2.6. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the mobile application infringe that third party's intellectual property rights.

2.7. You agree to comply with any applicable third-party terms when using the Service.

2.8. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third-party beneficiary thereof.

3. Subscriptions

3.1. Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

3.2. At the end of each period, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it.

3.3. You may cancel your Subscription renewal through your Apple ID account settings. You will not receive a refund for the fees you already paid for your current Subscription period, and you will be able to access the Service until the end of your current Subscription period.

3.4. If your Subscription expires, the phone number assigned to you will be deactivated, and you will no longer be able to use that number for making or receiving calls through our Service.

4. Fee Changes

4.1. We, in our sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

4.2. We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to review the changes.

4.3. If you agree to the new fees, they will be charged for your next billing cycle. If you do not agree to the new fees, you may cancel your subscription before the new fees take effect.

4.4. Your continued use of the Service after agreeing to the Subscription fee change constitutes your acceptance of the modified Subscription fee amount.

5. Refunds

5.1. Refund policies are subject to the respective app store's terms and conditions. Please refer to the Apple App Store or Google Play Store refund policies for more information.

5.2. For refund requests:

  • If you purchased the Subscription through the Apple App Store, please contact Apple Support or use the Report a Problem feature in the App Store.
  • If you purchased the Subscription through the Google Play Store, please contact Google Play Support or use the Request a Refund feature in the Play Store.

6. Content

6.1. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

6.2. By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

7. Accounts

7.1. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

7.2. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

7.3. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

8. Intellectual Property

8.1. The content you create using the Service belongs to you. However, the Service itself, including but not limited to the software, user interface, graphics, design, and other elements of the application, are and will remain the exclusive property of AI Agent App and its licensors.

8.2. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AI Agent App.

9. Links To Other Web Sites

9.1. Our Service may contain links to third-party websites or services that are not owned or controlled by AI Agent App.

9.2. AI Agent App has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that AI Agent App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

10. Termination

10.1. We may terminate or suspend your account immediately, without prior notice or liability, if you breach these Terms.

10.2. We reserve the right to terminate your account if we determine, in our sole discretion, that your use of the Service violates these Terms, applicable laws, or OpenAI's usage policies.

10.3. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

11. Limitation of Liability

11.1. In no event shall AI Agent App, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

11. Limitation of Liability

11.1. In no event shall AI Agent App, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

12. Disclaimer

12.1. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

13. Governing Law

13.1. These Terms shall be governed and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.

13.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

14. Changes

14.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

14.2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

15. Contact Us

15.1. If you have any questions about these Terms, please contact us through the app:

  1. Open the AI Agent: AI Calling Assistant app
  2. Go to Settings
  3. Select the Support menu.