Terms of Service

1. Agreement to Terms

By accessing or using Caipher AI's services at caipherai.com ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Caipher AI ("we," "us," or "our").

2. Description of Service

Caipher AI provides AI-powered communication and automation services, including but not limited to:

• 24/7 automated call answering and routing
• Lead qualification and customer interactions
• Appointment scheduling and calendar integration
• SMS and email follow-up automation
• CRM integration and data synchronization
• Call recording, transcription, and analytics
• AI-powered workflow automation

3. SMS/Text Messaging Terms

3.1 Consent to Receive Messages

When you provide your phone number through our website, demo request forms, chatbot, or during a phone call, and request communication from Caipher AI, you consent to receive text messages related to:

• Appointment scheduling and confirmations
• Demo and meeting reminders
• Follow-up responses to your inquiries
• Links to book appointments
• Important service-related updates

We do not send unsolicited marketing messages or cold outreach. All messaging is transactional and conversational in nature, related to your specific inquiry or scheduled appointment.

3.2 Message Frequency

Message frequency varies based on your interactions with Caipher AI. You may receive 1-5 messages per interaction or scheduled appointment.

3.3 Opt-Out Instructions

You may opt out of receiving text messages at any time by:

• Reply STOP: Text "STOP" to any message from Caipher AI to immediately unsubscribe from all future messages
• Contact Support: Email support@caipherai.com or call (762) 224-7437

After opting out, you will receive a one-time confirmation message. You will not receive any further messages unless you opt back in by texting START.

3.4 Help and Support

For help with our messaging service:

• Reply HELP to any message for support information
• Email: support@caipherai.com
• Phone: (762) 224-7437

3.5 Message and Data Rates

Message and data rates may apply. Standard messaging fees from your mobile carrier apply to messages sent and received. Caipher AI does not charge separately for text messages, but your carrier's standard rates will apply.

3.6 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your network operator. Service is available on major US carriers including AT&T, Verizon, T-Mobile, and others.

3.7 Privacy

Your phone number and messaging data are handled in accordance with our Privacy Policy. We do not sell or share your phone number with third parties for marketing purposes.

4. Account Registration and Security

4.1 Account Creation

To use our Service, you must:

• Be at least 18 years old
• Provide accurate, complete, and current information
• Maintain and promptly update your account information
• Have the legal authority to enter into this agreement

4.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach
• We are not liable for any loss or damage arising from your failure to maintain account security

5. Subscription Plans and Billing

5.1 Pricing

Current pricing plans are:

• Starter: $997/month (1,000 minutes included)
• Growth: $1,997/month (3,000 minutes included)
• Scale: Custom pricing (unlimited minutes)

Prices are subject to change with 30 days' notice.

5.2 Billing and Payment

• Subscriptions are billed monthly in advance
• Payment is due immediately upon subscription
• We accept credit cards processed through Stripe
• Overages (minutes exceeding your plan) are billed at the end of each month
• All fees are non-refundable except as required by law

5.3 Automatic Renewal

Your subscription automatically renews each month unless you cancel at least 48 hours before the renewal date. You will be charged the then-current rate for your plan.

6. Service Usage and Restrictions

6.1 Acceptable Use

You agree to use the Service only for lawful purposes. You may not:

• Use the Service to harass, abuse, or harm others
• Send spam, unsolicited calls, or violate TCPA regulations
• Impersonate any person or entity
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Scrape, copy, or reverse engineer our Service
• Use the Service for illegal activities or fraud
• Violate any applicable laws or regulations

6.2 TCPA and A2P 10DLC Compliance

You are responsible for:

• Obtaining proper consent before calling or texting customers
• Maintaining Do Not Call (DNC) lists
• Complying with Telephone Consumer Protection Act (TCPA) requirements
• Registering your campaigns with The Campaign Registry (TCR) for A2P 10DLC
• Providing accurate business information for campaign registration

We reserve the right to suspend your account if we believe you are violating TCPA or carrier regulations.

6.3 Call Recording Consent

By using our Service, you agree that:

• All calls may be recorded for quality and training purposes
• You will comply with all applicable call recording laws in your jurisdiction
• You are responsible for obtaining consent from callers where required by law
• Some jurisdictions require two-party consent for call recording

7. Service Level and Availability

7.1 Uptime

We strive for 99.9% uptime but do not guarantee uninterrupted service. We are not liable for service disruptions caused by:

• Internet or telecommunications failures
• Third-party service outages (Twilio, ElevenLabs, Render, etc.)
• Scheduled maintenance (with advance notice)
• Force majeure events

7.2 Support

• Starter Plan: Email support (48-hour response time)
• Growth Plan: Priority support (24-hour response time)
• Scale Plan: Dedicated account manager

8. Data and Privacy

8.1 Data Ownership

• You retain ownership of all customer data you provide
• We retain ownership of our AI models, platform, and technology
• You grant us a license to use your data to provide the Service

8.2 Privacy

Our collection and use of your information is governed by our Privacy Policy at caipherai.com/privacy-policy.

8.3 Data Retention

• Call recordings: Retained for up to 12 months
• Text message records: Retained for up to 12 months
• Account data: Retained for 30 days after account closure
• You may request data deletion by contacting support

9. Intellectual Property

9.1 Our Rights

Caipher AI and its licensors own all rights, title, and interest in:

• The Caipher AI platform and software
• AI models and training data
• Trademarks, logos, and branding
• Documentation and support materials

9.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription period.

9.3 Restrictions

You may not:

• Copy, modify, or create derivative works of our Service
• Reverse engineer or decompile our software
• Remove any copyright or proprietary notices
• Resell or sublicense the Service without written permission

10. Third-Party Services

Our Service integrates with third-party providers:

• Twilio: Phone and SMS infrastructure
• ElevenLabs: Conversational AI
• OpenAI: Natural language processing
• Google Calendar: Appointment scheduling
• Various CRMs: Customer data management

You must comply with the terms of service of these third-party providers. We are not responsible for their services or any disruptions caused by them.

11. Termination

11.1 Termination by You

You may cancel your subscription at any time through your account dashboard or by contacting support. Cancellation takes effect at the end of your current billing period.

11.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms
• You fail to pay fees when due
• Your use poses a security or legal risk
• You engage in fraudulent or illegal activity
• Required by law or regulation

11.3 Effect of Termination

• Your access to the Service will cease immediately
• Outstanding fees become due immediately
• We will retain your data for 30 days, then delete it
• You may request a data export before deletion

12. Disclaimers and Limitations of Liability

12.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 AI Accuracy

While our AI technology is highly accurate, we do not guarantee:

• 100% accuracy in call transcriptions or intent analysis
• Perfect lead qualification or appointment booking
• Error-free customer interactions

You are responsible for reviewing AI-generated outputs and ensuring accuracy for your business.

12.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAIPHER AI SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
• DATA LOSS OR CORRUPTION
• THIRD-PARTY SERVICE FAILURES

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Caipher AI and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your customer data or interactions

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law provisions.

14.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association (AAA) rules, except:

• You may bring claims in small claims court if they qualify
• We may seek injunctive relief in court for IP violations

14.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or class arbitrations.

15. Modifications to Terms

We may modify these Terms at any time by:

• Posting updated Terms on our website
• Updating the "Last Updated" date
• Sending email notification for material changes

Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Caipher AI.

16.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any successor or affiliate.

16.5 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet outages.

17. Contact Information

For questions about these Terms, please contact us:

Caipher AI
Email: support@caipherai.com
Phone: (762) 224-7437
Website: caipherai.com

By using Caipher AI's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.