Terms of Service

Effective Date: 12/12/2025

Company: AgentsMist ("Company," "we," "our," or "us")

Service: AI-powered communication platform ("Service")

1. Acceptance of Terms

By accessing or using our Service, you ("Customer," "User," or "Organization") agree to be bound by these Terms of Service. If you use the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

The Company provides an AI-powered communication platform that can answer inbound calls, send automated or scheduled outreach via voice/SMS, collect information, and route or escalate issues based on customer-defined rules.

The Service is designed to support communication workflows, not to replace professional or organizational judgment.

3. Eligibility

The Service is intended for organizations and authorized personnel.

Use by individual consumers for personal purposes is not permitted unless explicitly approved.

4. No Professional Advice

The Service does not provide legal, financial, medical, or other regulated professional advice.

Decisions and actions taken based on information collected or generated by the Service are solely the responsibility of the Customer.

5. Customer Responsibilities

Customers agree to:

  • Use the Service in compliance with applicable laws and industry regulations.
  • Configure routing, escalation workflows, and communication settings accurately.
  • Review and respond to escalated inquiries or alerts.
  • Ensure proper authorization and consent for contacting end users.
  • Safeguard login credentials and maintain internal access controls.

6. Communications & Consent

Customers are responsible for obtaining all legally required consents for:

  • Automated calls
  • SMS messages
  • Recording (if enabled)
  • AI-powered communication

The Company is not responsible for unauthorized or non-compliant outreach initiated by Customer configurations.

7. Data Privacy & Security

We use commercially reasonable safeguards to protect customer data.

However:

  • Customers remain the data owner.
  • Customers must ensure their data practices comply with relevant privacy laws (e.g., GDPR, CCPA, TCPA).
  • A separate Data Processing Agreement (DPA) may be provided when required.

8. License & Access Rights

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

Users may not:

  • reverse engineer or decompile the platform
  • modify or derivative-work the software
  • resell or sublicense the Service

9. Service Availability & Limitations

We strive for high availability but do not guarantee the Service will be:

  • uninterrupted
  • error-free
  • free from delays

Service interruptions may occur due to maintenance, updates, or unforeseen outages.

10. AI Limitations

The Service uses artificial intelligence, which may generate incorrect or incomplete information.

Customers must review critical or sensitive outputs before acting on them.

The AI should not be used as the sole basis for decisions involving risk, compliance, safety, or legal obligations.

11. Payment & Billing

Subscription fees and billing terms are defined in the Customer's Service Agreement.

Failure to pay may result in suspension or termination of access.

12. Termination

Either party may terminate the agreement with proper written notice as defined in the Service Agreement.

Upon termination:

  • Customer access will be revoked.
  • Data will be returned or deleted consistent with our data retention policy or applicable law.

13. Confidentiality

Both parties agree to maintain the confidentiality of non-public business, technical, and operational information.

14. Limitation of Liability

To the fullest extent permitted by law:

  • The Company is not liable for indirect, incidental, or consequential damages.
  • The Company is not liable for decisions made based on system outputs.
  • Total liability is limited to the amount paid by the Customer in the prior 12 months.

15. Indemnification

Customers agree to indemnify and hold the Company harmless from claims arising out of:

  • misuse of the Service
  • failure to obtain required consents
  • violations of laws or regulations
  • reliance on AI outputs without appropriate review

16. Modifications

We may update these Terms periodically. Continued use of the Service constitutes acceptance of the updated Terms.

17. Governing Law

These Terms are governed by the laws of the State of California unless otherwise specified in a written agreement.