Terms of Service

1. Acceptance of Terms

By accessing or using TECHMOOSE ("the Service"), operated by TECHMOOSE AI ("we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. We may update these Terms from time to time, and your continued use of the Service after such changes constitutes acceptance of the updated Terms.

2. Service Description

TECHMOOSE is a software-as-a-service platform that enables businesses to create and manage AI-powered voice agents. The Service includes AI agent creation and configuration, telephone number provisioning and management, automated call handling via AI, call recording and transcription, post-call notifications, and usage analytics. The Service utilizes third-party providers including but not limited to Twilio (telephony), ElevenLabs (AI voice), and OpenAI/Anthropic/Google (language models) to deliver its functionality.

3. Account Registration

To use the Service, you must create an account with a valid email address. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must be at least 18 years old and have the legal capacity to enter into these Terms. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. We reserve the right to suspend or terminate accounts that contain false or misleading information.

4. Usage Limits and Billing

The Service operates on a usage-based model with monthly billing periods. Each plan includes a set number of monthly minutes. Usage is tracked in real-time via call duration. When you reach your monthly minute allocation, your agents will be automatically paused and will not accept new calls until the next billing period begins or you upgrade your plan. You will receive email notifications at 80% and 100% usage thresholds. Unused minutes do not roll over to the next billing period. We reserve the right to modify pricing and plan limits with 30 days advance notice via email.

5. Acceptable Use Policy

You agree not to use the Service for any unlawful purpose or in violation of any applicable laws or regulations. Specifically, you must not:

• Use agents to make or facilitate fraudulent, deceptive, or misleading calls
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity
• Use the Service for telemarketing, robocalling, or unsolicited commercial calls in violation of applicable laws (including the TCPA, Do Not Call regulations, and equivalent local laws)
• Transmit content that is harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Attempt to circumvent usage limits, rate limits, or security measures
• Create multiple accounts to abuse free tier allocations
• Use the Service to collect sensitive personal information (credit card numbers, social security numbers, health records) without proper consent and security measures
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Use automated means to create accounts or agents in bulk
• Interfere with or disrupt the integrity or performance of the Service

We reserve the right to suspend or terminate your account immediately and without notice if we determine, in our sole discretion, that you have violated this Acceptable Use Policy.

6. AI-Generated Content and Disclosure

The Service uses artificial intelligence to generate voice responses during phone calls. AI-generated content may not always be accurate, complete, or appropriate. You are solely responsible for configuring your agent's system prompt, instructions, and behavior guidelines. You acknowledge that you may be required by applicable law to disclose to callers that they are speaking with an AI agent. It is your responsibility to comply with all applicable disclosure laws in your jurisdiction. We do not guarantee the accuracy of information provided by AI agents during calls, and we are not liable for decisions made based on AI-generated responses.

7. Call Recording and Transcription

The Service records and transcribes calls handled by your AI agents for the purpose of providing call summaries, analytics, and quality improvement. You are solely responsible for ensuring that call recording complies with all applicable laws in your jurisdiction, including but not limited to one-party or two-party consent requirements. We recommend configuring your agent's greeting to include a recording disclosure notice where required by law.

8. Phone Numbers

Phone numbers provisioned through the Service are provided via Twilio and are subject to Twilio's Acceptable Use Policy and applicable telecommunications regulations. Phone numbers remain the property of the telephony provider and are licensed to you for the duration of your active subscription. Upon account termination or downgrade, provisioned phone numbers may be released after a 30-day grace period. We do not guarantee the availability of specific phone numbers or area codes.

9. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. You retain ownership of all content you provide to the Service, including agent configurations, system prompts, and data collection settings. We retain call records, transcripts, and analytics data for the purpose of providing the Service and may retain anonymized, aggregated data for service improvement.

10. Intellectual Property

The Service, including its design, code, features, and documentation, is the intellectual property of TECHMOOSE AI and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service. You retain ownership of content you create using the Service (agent configurations, prompts, etc.) and grant us a limited license to use such content solely for the purpose of providing the Service.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECHMOOSE AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY AI-GENERATED CONTENT OR RESPONSES. YOU USE THE SERVICE AT YOUR OWN RISK.

13. Indemnification

You agree to indemnify, defend, and hold harmless TECHMOOSE AI, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your violation of these Terms, your violation of any applicable law or regulation, or any content or data you provide through the Service including agent configurations and system prompts.

14. Third-Party Services

The Service integrates with third-party services including Twilio, ElevenLabs, OpenAI, Anthropic, Google, and Resend. Your use of the Service is also subject to the terms and policies of these third-party providers. We are not responsible for the availability, accuracy, or performance of third-party services, and any outage or disruption of a third-party provider may affect the availability of the Service.

15. Termination

Either party may terminate this agreement at any time. You may terminate by deleting your account or contacting us at support@techmoose.ai. We may terminate or suspend your account immediately, without prior notice, if you breach these Terms. Upon termination, your right to use the Service ceases immediately. We may retain your data for a period of 30 days following termination for backup and recovery purposes, after which it will be permanently deleted. Provisions of these Terms that by their nature should survive termination shall survive, including limitations of liability, indemnification, and intellectual property provisions.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration or in the courts of New South Wales, Australia.

17. Contact Information

If you have any questions about these Terms, please contact us at support@techmoose.ai.