AI Genie Terms & Conditions

January 1, 2025

1. Introduction

These Terms and Conditions (the "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and AI GENIE ("Company", "we", "us", or "our"), concerning your access to and use of the www.aiengagegenie.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Service"). You agree that by accessing the Service, you have read, understood, and agreed to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Service and you must discontinue use immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

2. Definition of Key Terms

For the purposes of these Terms and Conditions, the following definitions shall apply:

• "User": Refers to any individual or entity who accesses or uses our Service

• "Account": The registered user account that is required to access and use certain aspects of the Service.

• "Content": Any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Service

• "Subscription": The fee-based arrangement for accessing our Service, which is subject to recurring charges as set forth in these Terms.

• "Confidential Information": Information that is proprietary or confidential and is either clearly labeled as such or identified as Confidential Information.

• "Inbound Calls": Refers to calls that our AI receptionist answers on behalf of the User to answer to third parties.

• "Outbound Calls": Refers to calls initiated by our Service on behalf of the User to third parties.

• "Compliance Requirements": Legal and regulatory standards applicable to the use of our Service, including but not limited to telemarketing laws and regulations.

• "Reseller": An individual or entity authorized by AI GENIE to market, distribute, and sell our Service to end-users.

• "AI Platform" means AI GENIE's proprietary web-based software platform that has been programmed to help end-users build and deploy artificial intelligence models.

• "AI Agent" means the specific instance of an AI agent that: (i) User creates on the AI Platform, thereby prompting the AI Platform to process and analyze User Data; and (ii) is visually presented to User in digital format on the AI Platform's user interface.

• "AI-Generated Content" means any content, including but not limited to text, audio, or images, that is generated by the AI Platform based on user inputs or interactions.

3. User Eligibility

The Service is intended only for access and use by individuals at least eighteen (18) years of age. By accessing or using any part of the Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service.

4. Description of Services

AI GENIE offers a comprehensive AI-powered phone service. Our Service includes, but is not limited to, the following features:

• Automated phone answering available 24/7, ensuring that business owners never miss a call through our AI receptionist product.

• Advanced AI technology capable of engaging in human-like conversations, providing callers with a seamless interaction experience.

• Outbound calling capabilities, allowing the AI to initiate calls on behalf of the business for purposes such as appointment reminders, follow-ups, or marketing campaigns.

• Customizable functionalities including appointment scheduling, query responses, and call forwarding for both inbound and outbound calls.

• Text messaging capabilities during calls for enhanced communication.

• Programmable call handling, allowing businesses to tailor the AI receptionist's responses and actions according to specific business needs.

• Multilingual support, enabling businesses to cater to a diverse client base.

• A comprehensive administrative dashboard offering detailed call logs and analytics for business optimization.

5. Account Registration and Management

To gain full access to the Service, Users are required to create an Account, which involves providing accurate and complete registration information and updating such information as necessary to maintain its accuracy. The User is responsible for maintaining the confidentiality of their Account and password and for restricting access to their computer or device, and they agree to accept responsibility for all activities that occur under their Account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

6. Role of AI GENIE and User Responsibility

6.1. Platform Provider: AI GENIE is solely a technology platform provider. We provide the tools and infrastructure to facilitate inbound and outbound calls using artificial intelligence. Any effects or damages of calls made with the help of our platform are entirely the user’s responsibility.

6.2. User Responsibility: You, the user, are solely responsible for how you use our platform. This includes, but is not limited to:

• The content of all calls made through our platform

• Ensuring all calls comply with applicable laws and regulations

• Obtaining necessary consents from call recipients

• Adhering to Do Not Call lists and other regulatory requirements

• The timing and frequency of calls made through our platform

6.3. Indemnification for Outbound Calls: You agree to indemnify, defend, and hold harmless AI GENIE from any and all claims, damages, fines, penalties, or other liabilities arising from your use of our platform for both inbound and outbound calls. This includes, but is not limited to, any violations of telemarketing laws, privacy laws, or other applicable regulations.

6.4. No Legal Advice: AI GENIE does not provide legal advice. It is your responsibility to consult with legal counsel to ensure your use of our platform complies with all applicable laws and regulations.

7. Prohibited Uses

You agree not to use the Service for any unlawful purpose or in any way that violates local, state, national, or international laws. You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations. Prohibited uses include but are not limited to:

• Criminal activities

• Malicious, fraudulent, or illegal purposes

• Infringement of AI GENIE or third party intellectual property rights

• Defamatory, harassing, abusive, or threatening use

• Distribution of unauthorized spam

• Transmission of viruses, malware, or other destructive code

• Gathering or transmitting personal information without consent

• Interference with service functionality or security features

• Making any calls to emergency telephone lines, public safety answering points, health care facilities, or any service for which the called party is charged for the call

• Engaging in spamming or other abusive calling practices

• Using the Service to develop competitive products or services

AI GENIE reserves the right to limit calling frequency to prevent unlawful calling activity. Any damages caused by AI GENIE as a result of prohibited or non-prohibited use cases is solely the responsibility of the user.

8. Acceptable Use Policy

You agree not to upload, post, host, or transmit any content that:

• Is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, contains pornography, or racially, ethnically or otherwise objectionable

• Encourages criminal conduct or provides instructional information about illegal activities

• Infringes any third party's intellectual property or publicity rights

• Constitutes unauthorized spam or bulk communications

• Contains software viruses or malware designed to interrupt, destroy, or limit Service functionality

• Burdens infrastructure in a way that negatively impacts Service performance, including "denial of service" attacks

• Attempts to gain unauthorized access to other accounts, computer systems, or networks connected to the Service

• Uses automated means to access the Service that are not permitted by AI GENIE

• Collects information about Service users without obtaining consent

Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity

AI GENIE has sole discretion to determine whether User Content violates this Acceptable Use Policy. AI GENIE may at any time remove User Content that violates this policy. Repeated violations may lead to account termination.

9. Compliance Requirements

You may only use the Service to make calls to persons who have provided prior express consent to be called or with whom you have an established business relationship, as defined under applicable law. AI GENIE reserves the right to request evidence of such consent or business relationship.

You must properly identify yourself on outbound calls by transmitting accurate Caller ID information for all calls. You may not block Caller ID information, use an anonymous phone number, or misrepresent the originating phone number or identity of the caller.

AI GENIE reserves the right to cooperate with any law enforcement authorities or regulators regarding any suspected illegal, fraudulent, or improper use of the Service. This may include disclosing information about your use of the Service and account.

9.1. Responsibility for Compliance: While AI GENIE may provide features to assist with compliance, AI GENIE is not obligated to educate or inform you on how to remain compliant. It is ultimately your responsibility to ensure that your use of the Service, including all outbound calls, complies with all applicable laws and regulations. AI GENIE is not responsible for any failure on your part to comply with these laws and regulations.

10. Subscription Terms

Access to the Service is provided on a subscription basis. The current Subscription fees are outlined on our pricing page, subject to change at our discretion. Subscriptions are billed in advance on a monthly or annual basis and will automatically renew each month or year on the date of the original subscription until canceled by the User in accordance with our cancellation policy. The Subscription fee may be subject to tax, which will be charged in addition to the Subscription fee.

We may offer multiple Subscription plans, including special promotional plans or Subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you.

In the event of multiple failed payment attempts due to declined credit card transactions, we reserve the right to automatically cancel your Subscription and terminate your Account. Users will be notified prior to any such cancellation and provided with an opportunity to update their payment information to avoid service interruption.

11. Usage Fees and Billing Policy

In addition to the Subscription fee, Users will incur additional usage-based fees. These fees are outlined in the pricing page of our website. At the time of this writing, the fees are:

• 65 cents per minute for engagement with the AI receptionist in a call, whether inbound or outbound.

These usage fees will be calculated on a monthly basis and billed in conjunction with the Subscription fee. Billing will occur monthly, although we reserve the right to change this date at our sole discretion. All fees are non-refundable except as required by law or as explicitly set forth herein. We reserve the right to change the usage fees at any time, subject to providing Users with prior notice of such changes. In the event of late payment, we may suspend or terminate your access to the Service.

12. Cancellation Policy

Cancellation requests must be made through your Account settings or by contacting our customer service team. Following cancellation, your access to the Service will persist until the end of the current billing period.

13. Refund Policy

Our Service is offered on a digital, subscription-based model. As such, refunds are generally not provided. Exceptions may be made at our discretion, subject to specific circumstances. Should you believe you are entitled to a refund, please submit a request in writing to our customer support within the specified timeframe. Your eligibility for a refund will be assessed based on various factors, including but not limited to service usage, compliance with our Terms, and the nature of the issue prompting the refund request.

14. Intellectual Property Rights

AI GENIE retains all rights, title, and interest in the Services, including all related intellectual property rights. Any modifications, enhancements, or customizations to the Services will be the sole property of AI GENIE.

You retain all rights to data you provide through the use of our Services. However, AI GENIE may collect, generate, and use data from your usage to improve our Services. We will treat such data with strict confidentiality and in accordance with our Privacy Policy.

AI GENIE retains all rights, title, and interest in the AI Platform and the underlying technology used to generate AI-Generated Content. User retains ownership of the specific instances of AI-Generated Content created through their use of the AI Platform, subject to AI GENIE's underlying rights in the AI Platform and technology. User hereby grants AI GENIE a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, and otherwise exploit any AI-Generated Content for the purposes of improving and developing the AI Platform and related services.

User agrees not to use AI-Generated Content in any manner that violates applicable laws or regulations, infringes on third-party rights, or for any unlawful, harmful, or discriminatory purposes. b. User acknowledges that AI-Generated Content may not always be accurate, complete, or appropriate for all uses, and agrees to review and validate any AI-Generated Content before using it for any purpose.

15. User-Generated Content

Users may have the opportunity to create, post, or share content, including but not limited to custom AI receptionists and agents, through the Service ("User-Generated Content"). By posting User-Generated Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the User-Generated Content that you post and that the use of your content does not violate these Terms and will not cause injury to any person or entity.

16. Privacy Policy

Our Privacy Policy, which is separate from these Terms, describes how we collect, use, and disclose information about our users. We recommend that you read our Privacy Policy thoroughly to understand our privacy practices. Our services use Artificial Intelligence (AI) for various functions. We are committed to responsible AI use, adhering to regulatory guidelines.

17. Data Security

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security due to the inherent nature of the internet. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.

18. Confidentiality

Each party agrees to protect the other party's proprietary information with the same standard of care it uses to protect its own similar information but no less than reasonable care. Proprietary information will only be used for the purpose of fulfilling obligations under this Agreement and will not be disclosed to third parties except as required by law.

19. Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that AI GENIE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We do not guarantee that the Service will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of our Service without notice. We will not be liable if, for any reason, our Service is unavailable at any time or for any period.

AI GENIE may impose usage limitations on the AI Platform, including but not limited to the number of API calls, data processing volume, or AI model generations. These limitations may vary based on the subscription plan and will be communicated to User through the Service or other appropriate means.

20. Third-Party Links and Services

Our Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by AI GENIE We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites.

21. User Feedback and Suggestions

Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to AI GENIE regarding the Service shall remain the sole and exclusive property of AI GENIE We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

22. Compliance with Laws

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Service and the Content and materials provided therein. This includes, but is not limited to, compliance with all applicable telemarketing laws and regulations, such as the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), and any state-specific telemarketing regulations.

User agrees to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce, in connection with the AI Platform and any AI-Generated Content.

23. Indemnification

You agree to indemnify, defend and hold harmless AI GENIE and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Service or your breach of these Terms. This indemnification obligation will survive the termination of these Terms and your use of the Service.

24. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will AI GENIE, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if AI GENIE has been advised as to the possibility of such damages or could have foreseen such damages.

24.1. Platform Liability: To the fullest extent permitted by law, AI GENIE shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of our platform for outbound calls. This includes, but is not limited to, any damages arising from violations of telemarketing laws, privacy laws, or other applicable regulations.

24.2. User's Assumption of Risk: By using our platform for outbound calls, you assume all risk associated with such use. You acknowledge that it is your responsibility to use the platform in compliance with all applicable laws and regulations, and that AI GENIE has no control over or responsibility for the content, timing, or recipients of calls made through our platform.

24.3 No Warranty for AI-Generated Content: AI GENIE provides no warranty regarding the accuracy, completeness, or appropriateness of any AI-Generated Content. User uses such content at their own risk and is solely responsible for any decisions or actions taken based on AI-Generated Content. AI GENIE shall not be liable for any damages or losses resulting from decisions made by Licensee based on AI-Generated Content or AI model outputs. User acknowledges that the AI Platform is a tool to assist in decision-making and does not replace human judgment or expertise.

25. Disclaimer for AI-Powered Interactions

AI GENIE provides an AI phone receptionist service that involves artificial intelligence (AI) performing various tasks such as answering calls, making outbound calls, scheduling, and responding to queries. While we endeavor to ensure that the AI service operates as intended, you acknowledge and agree that AI GENIE shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

• The performance, actions, or statements made by the AI-powered receptionist in both inbound and outbound calls;

• Any unauthorized access to or alteration of your transmissions or data;

• Any violations of telemarketing laws or regulations resulting from your use of our Service;

• Any other matter relating to the Service.

This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

26. Representations, Warranties, and Disclaimers

Each party represents that they have the full right and authority to enter into this Agreement and that this Agreement does not conflict with any other agreement or obligation.

You warrant that you will use our Services in compliance with all applicable laws and that the data you provide does not infringe on any third-party rights.

AI GENIE provides the Services on an "as-is" and "as available" basis. Except as expressly provided in this Agreement, we disclaim all warranties, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose.

27. Dispute Resolution

Any disputes arising out of or relating to these Terms, the Service, or your relationship with AI GENIE shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language, in the State of California, USA. The decision of the arbitrator shall be final and binding on both parties. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.

28. Changes to Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will 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. 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, you are no longer authorized to use the Service.

29. Termination

This Agreement commences on the Effective Date and will remain in effect until terminated by either AI GENIE in accordance with these Terms. We reserve the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

30. General Provisions

30.1. Notices: All notices and communications must be in writing and delivered by recognized courier services, email, or registered mail to the addresses provided in this Agreement.

30.2. Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including but not limited to acts of God, labor disputes, and governmental actions.

30.3. Entire Agreement and Amendments: This Agreement constitutes the entire agreement between the parties. Any amendments must be in writing and signed by both parties.

30.4. Severability: If any part of this Agreement is found invalid or unenforceable, the remainder of the Agreement will remain in effect.

30.5. Assignment and Successors: This Agreement may not be assigned without the prior written consent of the other party, except in the case of a merger or acquisition.

31. Additional Outbound Calling Terms

The terms defined in this document apply to all current and future products created by AI GENIE. Some additional terms around the outbound product are as follows.

31.1. Consent: You represent and warrant that you have obtained all necessary consents and permissions from individuals or entities you instruct our Service to call.

31.2. Do Not Call List: You are responsible for maintaining and adhering to any applicable Do Not Call lists.

31.3. Calling Times: You agree to only use the outbound calling feature during times permitted by applicable laws and regulations.

31.4. Call Recording: If you enable call recording for outbound calls, you are responsible for obtaining consent from called parties in accordance with applicable laws.

31.5. Content of Calls: You are solely responsible for the content of outbound calls made using our Service. You agree not to use the Service for any harassing, abusive, or unlawful purposes.

31.6. Caller ID: You must ensure that all outbound calls made using our Service transmit accurate Caller ID information.

31.7. Compliance Monitoring: We reserve the right to monitor outbound calling activity for compliance with these Terms and applicable laws. We may suspend or terminate your access to the outbound calling feature if we detect any violations.