Terms of Service

1. Acceptance of Terms

These Terms are an agreement between you and Upmarketers LLC, which operates the TalkwAI service. By accessing or using TalkwAI, you accept and agree to be bound by these Terms. If you do not agree, please do not use the service.

2. Service Description

TalkwAI provides AI-powered call handling and automation services for businesses. Our services include but are not limited to:

• Automated call answering and routing
• AI-powered customer service interactions
• Call transcription and analysis
• Integration with business systems and workflows
• Custom AI voice assistants for specific business needs

3. User Accounts and Registration

To access certain features of our service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

4. Acceptable Use Policy

You agree not to use TalkwAI's services to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit harmful, threatening, abusive, or defamatory content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Use our services for spam, phishing, or other malicious activities
• Impersonate any person or entity
• Collect personal information without consent

5. Payment Terms

Payment for TalkwAI is due according to the checkout summary or signed order form. The amount shown can include a recurring subscription, included usage, usage-based overages, optional add-ons, taxes, and one-time setup charges. We may suspend or terminate paid service for non-payment.

Unless an order form states otherwise, subscriptions automatically renew for the billing interval shown at checkout. You may cancel before the next renewal through available account billing controls or by contacting support. Cancellation normally takes effect at the end of the current paid period.

Refund eligibility, billing-error review, dispute support, and cancellation procedures are described in our Billing, Cancellation & Refund Policy. We may change future pricing with advance notice; a price change does not alter a billing period that has already been paid.

6. Data and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You retain ownership of your data. We process your data solely to provide our services and as described in our Privacy Policy. We implement industry-standard security measures to protect your data.

7. Intellectual Property

Upmarketers LLC and its licensors own all rights, title, and interest in and to TalkwAI, including all intellectual property rights. You may not copy, modify, distribute, sell, or lease any part of our services or included software.

You grant us a limited license to use, store, and process your content solely for the purpose of providing our services to you.

8. Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted service. We may perform maintenance, updates, or modifications that temporarily affect service availability.

We are not liable for any damages resulting from service interruptions, including but not limited to lost revenue, data, or business opportunities.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALKWAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability to you for any claim arising out of or relating to these terms or our services shall not exceed the amount you paid us in the twelve months preceding the claim.

10. Termination

Either party may terminate this agreement at any time with or without cause. Upon termination:

• Access ends when termination takes effect; a routine subscription cancellation normally remains active through the current paid period
• We will delete your data according to our data retention policy
• You remain liable for any outstanding fees
• Provisions that by their nature should survive termination will remain in effect

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws that apply to Upmarketers LLC and the transaction, without regard to conflict-of-law rules and without limiting customer rights that cannot be waived under applicable law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through our service. Continued use of our services after changes constitutes acceptance of the new Terms.

13. Contact Information

If you have any questions about these Terms, please contact us at: