Terms of Service

1. Eligibility and Acceptance

By registering for or using the Speechless platform (the “Service” or “Platform”), you represent that you are at least 18 years of age and have the legal authority to bind the business entity you represent (the “User”) to these Terms. If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service constitutes ongoing acceptance of these Terms, as may be updated from time to time by Speechless.

2. Limitation of Liability for AI Outputs

Generative artificial intelligence and speech-to-text technologies are inherently probabilistic and may produce errors, inaccuracies, or unexpected outputs. The User understands and accepts this risk. Accordingly, to the maximum extent permitted by applicable law, Speechless will not be liable for any loss, harm, or damage arising from the AI agent’s outputs or conduct, including:

• the generation of fabricated, false, or misleading information during a call (“Hallucinations”);
• commercial harm, such as unauthorized discounts, incorrect quotes, or overlapping or double-booked appointments; or
• lost revenue or business opportunities, including lost leads, dropped calls, customer dissatisfaction, or reputational harm caused by misunderstandings or network latency.

The User is solely responsible for supervising its AI agent and for promptly monitoring, verifying, and correcting all actions the agent takes within the User’s CRMs, calendars, and other connected systems.

3. Beta and Evaluation Features

Speechless may offer features or functionality identified as beta, preview, early access, or evaluation. Such features are provided on an “as-is” and “as-available” basis without warranty of any kind, may be modified, suspended, or discontinued at any time without notice, and are excluded from any service commitments or service levels. The User accesses and uses such features at its sole risk.

4. Call Transfers and Handoff Liability

If the User configures the AI agent to execute call transfers (e.g., warm or blind transfers) to human representatives, the User is solely responsible for ensuring the destination phone numbers are accurate, lawful, and available. SPEECHLESS DISCLAIMS ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR DROPPED CALLS, FAILED ROUTING DUE TO TELECOM CARRIER LIMITATIONS, OR LOST BUSINESS RESULTING FROM HUMAN STAFF FAILING TO ANSWER A TRANSFERRED CALL.

5. Regulatory, Privacy, and Recording Compliance

The User is the initiator of all communications conducted through its AI agents and is responsible for ensuring that its operations comply with all applicable local, state, federal, and international laws, including but not limited to:

• telemarketing regulations (e.g., the TCPA in the United States, Do-Not-Call registries, and anti-spam laws);
• privacy and data protection laws (e.g., the GDPR and CCPA); and
• call recording consent laws (single-party and two-party consent requirements).

It is the User’s responsibility to configure the AI agent to disclose that it is an artificial intelligence and/or that a call is being recorded, wherever required by applicable law.

6. Data Protection and Roles of the Parties

Controller and Processor. As between the parties, the User is the data controller of all personal data processed through its use of the Platform, and Speechless acts as a data processor that hosts, stores, and processes such data — including call recordings, transcripts, and associated personal data — solely on the User’s behalf and in accordance with these Terms and the User’s lawful instructions.

Lawful Basis and Notices. The User is solely responsible for establishing a valid lawful basis for the processing, for providing all required privacy notices to call recipients, and for obtaining all consents required by applicable law.

Security. Speechless will maintain reasonable and appropriate technical and organizational measures designed to protect data against unauthorized access, loss, or disclosure.

Sub-processors and International Transfers. The User authorizes Speechless to engage sub-processors and to transfer data internationally as reasonably necessary to provide the Service, subject to appropriate safeguards required by applicable law.

Return and Deletion. Upon termination of the Service, and subject to applicable law and Section 7, Speechless will, at the User’s request, return or delete the User’s personal data within a reasonable period, except for copies retained as required by law or held in routine backups.

7. Permitted Use of Data; Testing and Service Improvement

User Ownership. The User retains ownership of the business data it inputs into the Platform.

Authorized Use. The User acknowledges and agrees that Speechless may use the User’s data, including call data, metadata, recordings, and transcripts, for the purposes of operating, maintaining, securing, testing, debugging, monitoring, and improving the Service, including quality assurance and the development and refinement of its underlying artificial intelligence models.

Anonymized and Aggregated Data. Speechless may create and retain anonymized and aggregated data derived from such use, provided that such data does not identify the User or any individual, and may use such anonymized and aggregated data for any lawful business purpose, including model training, without restriction or compensation.

Feedback. Any feedback, feature requests, or suggestions provided by the User may be used by Speechless without restriction or compensation.

8. Responsible Use and Prohibited Activities

The Platform must not be used for any of the following:

• High-Risk Automation, including emergency services (e.g., 911 dispatch), medical triage or the processing of Protected Health Information (PHI) subject to HIPAA, or automated legal or financial decision-making (e.g., loan approvals);
• Voice Deepfakes, including cloning or using the voice of any living individual without that individual’s explicit prior written consent;
• Fraud and Spam, including spoofing, phishing, harassment, or deploying automated robocalls without prior written opt-in consent from the recipient; and
• Sensitive PII Collection, including configuring the AI agent to verbally request sensitive personally identifiable information such as full credit card numbers (including CVV) or Social Security Numbers (SSNs).

9. Third-Party Services

The Service may interoperate with or depend upon third-party products, networks, integrations, CRMs, calendars, and telecommunications carriers. Speechless does not control and is not responsible for any third-party service, and, to the maximum extent permitted by applicable law, disclaims all liability arising out of or relating to the availability, performance, security, acts, or omissions of any third-party service.

10. Intellectual Property; License

As between the parties, Speechless and its licensors own all right, title, and interest in and to the Service and Platform, including all related software, models, and documentation, and all intellectual property rights therein. Subject to these Terms, Speechless grants the User a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the term solely for the User’s internal business purposes. The User will not, and will not permit any third party to, copy, modify, reverse engineer, decompile, create derivative works from, or attempt to derive the source code or underlying models of the Service, except to the extent such restriction is prohibited by applicable law. All rights not expressly granted are reserved by Speechless.

11. Right to Limit Agents and Calling Frequency

To protect network integrity and prevent abuse, Speechless reserves the right to limit concurrent calls, restrict calling frequency (throttle), or suspend or terminate User accounts and phone numbers, with or without prior notice, if Speechless reasonably suspects spam, unauthorized telemarketing, or a violation of these Terms. To the maximum extent permitted by law, Speechless is not liable for any business interruption resulting from such enforcement.

12. Subscriptions, Payments, and No-Refund Policy

Services are billed on a subscription basis or via pre-purchased packages of call minutes. Except as required by applicable law, all payments are final and non-refundable, including in connection with mid-cycle cancellations, account suspensions, or unused call minutes. In the event of a payment failure, Speechless reserves the right to pause or disable the User’s AI agents.

13. Law Enforcement Cooperation

Speechless reserves the right to cooperate with law enforcement authorities, government agencies, and telecom regulators in connection with any suspected illegal or fraudulent use of the Platform. Such cooperation may include the disclosure of User account details, access logs, and call transcripts to the extent permitted or required by applicable law.

14. No Warranties; Aggregate Liability Cap

THE SERVICE, INCLUDING THE VOICE AI AGENTS BUILT ON THE PLATFORM, IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPEECHLESS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONTINUOUS SYSTEM UPTIME, OR ERROR-FREE OPERATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF SPEECHLESS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE LESSER OF (I) $100, OR (II) THE AMOUNTS PAID BY THE USER TO SPEECHLESS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL SPEECHLESS BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR LOSS OF DATA, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTHING IN THIS SECTION LIMITS THE USER’S PAYMENT OBLIGATIONS OR THE USER’S INDEMNIFICATION OBLIGATIONS. THE FOREGOING LIMITATIONS AND EXCLUSIONS DO NOT APPLY TO ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

15. Indemnification

The User agrees to indemnify, defend, and hold harmless Speechless (including its founders, employees, and affiliates) from and against any and all third-party claims, demands, damages, losses, regulatory fines, and reasonable legal expenses (including attorneys’ fees) arising out of the User’s use of the Platform, the User’s violation of these Terms, or any breach of law committed by the User’s AI agent. As a condition of indemnification, Speechless will:

• promptly notify the User in writing of the claim, provided that any failure or delay in notice relieves the User of its obligations only to the extent the User is materially prejudiced thereby;
• grant the User sole control of the defense and settlement of the claim, except that the User may not settle any claim in a manner that imposes liability or any obligation on, or requires any admission of fault by, Speechless without Speechless’s prior written consent (not to be unreasonably withheld); and
• provide reasonable cooperation at the User’s expense.

16. Governing Law and Class Action Waiver

These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law principles. Any dispute shall be resolved on an individual basis, and the User waives any right to bring, represent, or participate in a class action or consolidated action against Speechless.

17. Term and Termination

These Terms apply from the date the User first accepts them or uses the Service and continue until terminated. The User may terminate at any time by closing its account and ceasing use of the Service. Speechless may suspend or terminate the User’s access immediately upon notice if the User materially breaches these Terms (including the Responsible Use and payment provisions), or as otherwise permitted under Sections 11 and 12. Upon termination, the User’s right to access the Service ceases, and the provisions that by their nature should survive termination will survive.

18. Force Majeure

Speechless will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or telecommunications failures, power outages, or third-party service or carrier failures.

19. Consent to Contact — AI Voice Calls and WhatsApp Messages

By providing a phone number during signup and accepting these Terms, the User authorizes Speechless to contact the User’s designated owner or representative via WhatsApp business messages and via a voice call — which the User may answer in their browser or which may be placed to the provided number as an automated artificial intelligence voice call — for the transactional purpose of onboarding assistance and account setup. Such calls may be placed by an AI agent rather than a human, and the agent will identify itself as such upon request. This contact is limited to helping the User activate their account and is not marketing. The User may withdraw this consent at any time, including by replying STOP to a WhatsApp message or by contacting Speechless directly; Speechless will honor a withdrawal across both channels going forward.

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