AI Voice Agent for Customer Support

These SynthicAI Terms of Service (the “Agreement") are entered into by and between SynthicAI, Inc., a Delaware corporation ("SynthicAI", “we”, “us”, or “our”), and the entity or person placing an order for or accessing the Services (“Customer”, “you”, or “your”). If you are accessing or using the Services on behalf of your company, you represent and warrant that you are authorized to accept this Agreement on behalf of your company, and all references to “you” or “Customer” herein shall refer to your company.

This Agreement permits Customer to purchase subscriptions to the SynthicAI enterprise-grade AI voice agent platform and other related services from SynthicAI pursuant to one or more Order Forms, and it sets forth the binding terms and conditions under which those products and services will be provided. The “Effective Date” of this Agreement is the date which is the earlier of: (a) Customer’s initial access to any Services through any online provisioning, registration, or order process; or (b) the effective date of the first Order Form that references this Agreement.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, OR BY ACCESSING OR USING ANY OF THE SERVICES, YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT USE ANY OF THE SERVICES. EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS A LEGALLY BINDING CONTRACT. THIS AGREEMENT CONTAINS PROVISIONS THAT REQUIRE THE USE OF MANDATORY ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ SECTION 11 CAREFULLY.

1. Definitions

1.1. “AI Agent”

means a single, provisioned instance of SynthicAI's proprietary AI-powered voice agent, capable of handling inbound and/or outbound communication tasks as configured by the Customer and made available as part of the Services. The quantity of AI Agents is a primary unit of purchase.

1.2. “Applicable Law”

means all applicable local, state, provincial, federal, and international laws, statutes, regulations, and conventions, including, without limitation, those related to data privacy, data security, data transfer, telecommunications, telemarketing, international communications, and the recording of communications (such as two-party consent laws).

1.3. “Customer Data”

means any and all data, content, or information of any type that is submitted to, processed by, or collected through the Services by or on behalf of Customer. This includes, without limitation: (a) audio recordings and logs of calls handled by AI Agents; (b) automatically generated transcripts of such calls; (c) data, content, or information imported or synced from Third-Party Platforms; and (d) any data or information provided by or about End Users in their interactions with the AI Agents.

1.4. “Documentation”

means the official technical user documentation, knowledge base articles, and guides for the Services provided by SynthicAI, as may be updated from time to time, and made available at our designated help portal.

1.5. “End User”

means any individual, such as a customer or client of the Customer, who interacts with an AI Agent deployed by the Customer.

1.6. “Order Form”

means a written or electronic form, including an online registration or payment page, referencing this Agreement that is used to order the Services. The Order Form will specify the Services subscribed to, the Subscription Term, the quantity of AI Agents, fees, and other commercial terms.

1.7. “Services”

means the SynthicAI enterprise-grade AI voice agent platform, including the AI Agents, the administrative dashboard, the SynthicAI API, integrations, and any other software-as-a-service products or professional services provided by SynthicAI to Customer under this Agreement and as specified in an Order Form.

2. The Services

2.1. Provision of Services

Subject to the terms and conditions of this Agreement and the applicable Order Form, SynthicAI will provide Customer with access to the Services. We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which we shall give advance electronic notice), and (b) any unavailability caused by circumstances beyond our reasonable control, including force majeure events as described in Section 12.

2.2. AI Agent Performance and Limitations

Customer acknowledges that the Services, including the AI Agents, are based on complex artificial intelligence and machine learning models. While designed for high performance and human-like interaction, they are not infallible and may produce responses that are inaccurate, incomplete, or unintended. Customer is solely responsible for configuring, testing, and monitoring the AI Agents' performance and for implementing appropriate fallback and escalation procedures for situations where an AI Agent cannot resolve an End User's issue. SynthicAI shall have no liability for any actions or inactions of the AI Agents based on Customer’s configuration or for any inaccuracies in their responses. The Services are not intended to, and should not be used to, provide medical, legal, financial, or other licensed professional advice.

2.3. Modifications

SynthicAI may update or modify the Services from time to time, including by adding or removing features and functionality. If we make a material change that results in a significant degradation of the core functionality of the Services, Customer may terminate the applicable Subscription Term upon written notice to us within thirty (30) days of the change and receive a pro-rata refund of any prepaid fees for the remaining portion of the Subscription Term. For questions about changes, you may contact us at support@synthicai.com.

3. Customer Obligations and Responsibilities

3.1. Acceptable Use

Customer agrees not to, and not to permit its employees, agents, or any third party to: (a) use the Services for any illegal, fraudulent, or abusive purpose, including but not limited to, making unsolicited calls (spam), phishing, or engaging in activities that violate any Applicable Law; (b) use the Services to harass, defame, threaten, or otherwise violate the legal rights of others; (c) use the Services to handle or process calls related to emergency services (e.g., 911); (d) reverse engineer, decompile, or otherwise attempt to discover the source code or underlying structure of the Services; or (e) use the Services to build a competitive product or service.

3.2. Compliance with Laws, including Call Recording

Customer represents and warrants that its use of the Services, including its deployment of AI Agents to record and process voice communications, will comply with all Applicable Laws. Customer acknowledges that certain jurisdictions require two-party (or all-party) consent to record a conversation. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER SUCH LAWS APPLY AND FOR OBTAINING ALL NECESSARY CONSENTS FROM END USERS BEFORE RECORDING OR MONITORING ANY COMMUNICATIONS USING THE SERVICES. SynthicAI may provide features to assist with compliance (e.g., configurable disclosure messages), but these features do not constitute legal advice, and SynthicAI disclaims all liability for Customer's failure to comply with its legal obligations.

4. Fees, Payment, and Taxes

4.1. Subscription Fees

Customer will pay SynthicAI the non-refundable fees specified in the applicable Order Form (“Subscription Fees”). All fees are based on the number of AI Agents purchased and not actual usage. Except as otherwise specified herein or in an Order Form, (i) fees are quoted and payable in United States Dollars, (ii) payment obligations are non-cancelable, and (iii) fees paid are non-refundable, except as explicitly set forth in Section 5.2.

4.2. Payment and Renewals

If Customer provides credit card information, Customer authorizes SynthicAI to charge such credit card for all Services listed in the Order Form for the initial Subscription Term and any renewal Subscription Term(s). Subscriptions will automatically renew for additional periods equal to the expiring Subscription Term, unless either party gives the other written notice of non-renewal at least thirty (30) days before the end of the relevant Subscription Term.

5. Free Trial and Refund Policy

5.1. Free Trial

If Customer registers for a 14-day Free Trial, SynthicAI will make the Services available on a trial basis, free of charge. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, DURING THE FREE TRIAL, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY, AND SYNTHICAI SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE SERVICES FOR THE FREE TRIAL PERIOD.

5.2. Refund Policy

SynthicAI offers a limited refund on initial subscription payments only.

Eligibility for Refund: A full refund if requested in writing within seven (7) calendar days of the initial payment transaction. To initiate a request, you must email support@synthicai.com.
Exclusions: No refunds, full or partial, will be granted under any circumstances if the request is made more than seven (7) days after the initial payment. This no-refund policy applies to all renewal payments (monthly or annual) and annual plans after the initial 7-day window has passed, regardless of usage.

This policy is strictly enforced to be brutally fair. After 7 days, resources have been provisioned and committed.

6. Term and Termination

6.1. Termination for Cause

A party may terminate this Agreement for cause: (i) upon thirty (30) days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency.

6.2. Effect of Termination

Upon termination or expiration, Customer will immediately cease all use of the Services. Termination will not relieve Customer of its obligation to pay any fees payable for the period prior to the effective date of termination. If this Agreement is terminated by Customer for cause, we will refund any prepaid fees covering the remainder of the term. If terminated by us for cause, no refund will be issued.

6.3. Data Portability and Deletion

Upon request by Customer made within thirty (30) days after termination, we will make Customer Data available for export. After that thirty (30) day period, we will have no obligation to maintain or provide any Customer Data and will thereafter delete or anonymize all Customer Data in our systems, unless legally prohibited.

7. Confidentiality, Security, and Data

7.1. Confidentiality

Each party agrees to protect the other’s Confidential Information with the same degree of care that it uses to protect its own confidential information of like kind (but not less than reasonable care). Confidential Information shall not be used for any purpose outside the scope of this Agreement.

7.2. Security

SynthicAI will maintain appropriate administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of Customer Data, including encryption of data at rest and in transit. Our platform infrastructure is designed to align with SOC 2 standards.

7.3. Use of Customer Data

SynthicAI will not use Customer Data to train its general, public-facing AI models or resell such data to any third party. Customer grants SynthicAI a worldwide, non-exclusive, royalty-free license to host, use, process, and transmit Customer Data as necessary to provide the Services. We may collect and use aggregated, anonymized data for our own business purposes, provided that such data does not identify Customer or any individual.

8. Intellectual Property

8.1. SynthicAI IP

We own and retain all right, title, and interest in and to the Services, the Documentation, and all related Intellectual Property Rights. No rights are granted to Customer hereunder other than as expressly set forth herein.

8.2. Customer IP

Customer owns and retains all right, title, and interest in and to the Customer Data. No ownership rights in Customer Data are transferred to SynthicAI.

8.3. Feedback

Customer grants SynthicAI a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into its services any suggestions, enhancement requests, recommendations, or other feedback provided by Customer.

9. Representations, Warranties, and Disclaimers

9.1. Mutual Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

9.2. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SYNTHICAI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT SYNTHICAI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE SERVICES ARE NOT A REPLACEMENT FOR HUMAN OVERSIGHT. SYNTHICAI MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT OR RESPONSES GENERATED BY THE AI AGENTS.

10. Indemnification

10.1. Indemnification by SynthicAI

We will defend Customer against any claim by a third party alleging that the use of the Services as permitted hereunder infringes a valid patent or copyright, and will indemnify Customer for any damages finally awarded against Customer in connection with any such claim.

10.2. Indemnification by Customer

Customer will defend SynthicAI against any claim by a third party arising from or relating to (i) Customer Data, or (ii) Customer’s use of the Services in breach of this Agreement or in violation of Applicable Law (including call recording laws), and will indemnify SynthicAI for any damages finally awarded against us in connection with any such claim.

11. Dispute Resolution and Limitation of Liability

11.1. LIMITATION OF LIABILITY

IN NO EVENT WILL SYNTHICAI’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT WILL SYNTHICAI BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

11.2. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11.3. Governing Law

This Agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the internal laws of the State of Delaware, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods.

12. Miscellaneous

12.1. Entire Agreement

This Agreement, including all exhibits and addenda hereto and all Order Forms, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

12.2. Assignment

Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld).

12.3. Notices

All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email to legal@synthicai.com; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

12.4. Force Majeure

Neither party will be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable) for causes beyond that party’s reasonable control and not caused by that party’s fault or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or Internet service provider failures or delays.