AIGADE TERMS OF SERVICE

Welcome to Aigade. These Terms of Service ("Terms") govern your access to and use of Aigade's AI voice, call routing, SMS automation, transcription, and related software services (the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Description of Services

Aigade provides AI-powered voice automation, call routing, call recording, transcription, SMS messaging integration, and related automation services designed primarily for small businesses. The Services may rely on third-party providers, including telephony, AI processing, cloud hosting, and payment processors. Aigade reserves the right to modify, suspend, or discontinue any part of the Services at any time.

2. Account Registration

To use certain features, you must create an account. You agree to: provide accurate information, maintain confidentiality of login credentials, and be responsible for all activity under your account. Aigade may suspend or terminate accounts that violate these Terms.

3. Subscription & Billing

Services are offered on a subscription basis. By subscribing, you authorize Aigade to charge your selected payment method via its payment processor. Subscriptions automatically renew unless canceled before the renewal date. All fees are non-refundable unless required by law. Aigade may change pricing with prior notice.

4. Acceptable Use

You agree not to use the Services to: violate any law or regulation, engage in spam or unlawful SMS campaigns, collect or process Protected Health Information (PHI), provide healthcare or emergency services, harass or defraud individuals, or upload unlawful content.

5. Customer Responsibilities

You are solely responsible for: compliance with all telemarketing and SMS laws, obtaining required call recording consent, ensuring lawful use in your jurisdiction, and all content and data you use through the Services.

6. Call Recording & Transcription

The Services place and receive telephone calls, including outbound calls to your employees, staff, and designated contacts, and may record and transcribe those calls. Some U.S. states (including, without limitation, California, Pennsylvania, Florida, Washington, Illinois, Maryland, and Massachusetts) require the consent of all parties to a recorded call. You represent and warrant that, before enrolling any phone number in the Services, you have provided notice to and obtained all legally required consents from each person who may be called or recorded, including written consent from employees where required, and that you will maintain records of such consent. Aigade may, but is not obligated to, play a recording disclosure at the start of calls; any such disclosure does not relieve you of your consent obligations.

6A. SMS Messaging Terms

By texting a keyword to any number we publish (such as texting CHLOE to 201-970-2580) or otherwise providing your mobile number, you consent to receive automated text messages from Aigade. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel and HELP for help. Carriers are not liable for delayed or undelivered messages. For any Services that send SMS to your employees or contacts, you represent and warrant that you have obtained prior express consent from each recipient as required by the Telephone Consumer Protection Act (TCPA) and applicable state law, and that you will honor opt-out requests immediately. Mobile opt-in information and text-messaging consent are not shared with or sold to third parties for their own marketing.

7. AI Services Disclaimer

The Services utilize artificial intelligence. AI outputs may be inaccurate, AI responses are not guaranteed, and the Services are not a substitute for human judgment. Scores, checklists, transcripts, and reports generated by the Services are informational tools only and are not a substitute for your own food-safety, health-code, employment, or brand-standard compliance verification. Aigade does not guarantee business results, lead conversion, uptime, or revenue outcomes.

8. Prohibited Regulated Use

The Services are not intended for healthcare involving PHI, financial advisory services, debt collection, emergency response, or legal advice unless a separate written agreement is executed.

9. Third-Party Services

The Services integrate with third-party providers. Aigade is not responsible for service interruptions, carrier filtering, API failures, third-party outages, or data loss caused by third parties.

10. Data & Privacy

Aigade processes data in accordance with its Privacy Policy. You retain ownership of your data. You grant Aigade a limited license to process your data solely to provide the Services.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." AIGADE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIGADE SHALL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE, OR CONSEQUENTIAL DAMAGES. AIGADE'S TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF: (a) FEES PAID IN THE SIX MONTHS PRECEDING THE CLAIM, OR (b) TWO THOUSAND DOLLARS ($2,000).

13. Indemnification

You agree to defend, indemnify, and hold harmless Aigade from claims arising from your violation of these Terms, misuse of the Services, failure to obtain call recording consent, or violation of telemarketing or SMS laws.

14. Suspension & Termination

Aigade may suspend or terminate your account if you violate these Terms. You may cancel your subscription at any time. Termination does not relieve you of outstanding payment obligations.

15. Dispute Resolution

Except for claims that qualify for small-claims court, any dispute arising from these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Bergen County, New Jersey. Before initiating arbitration, the parties will attempt to resolve the dispute through a 30-day informal notice-and-cure period. You waive the right to trial by jury and participation in class actions.

16. Class Action Waiver

You agree that any dispute shall be brought individually and not as part of a class or representative action.

17. AI Output Disclaimer

AI systems may produce inaccurate, incomplete, or inappropriate responses. Customers are solely responsible for reviewing AI-generated communications. Aigade shall not be responsible for any decisions made based on AI-generated outputs.

18. Governing Law

These Terms are governed by the laws of the State of New Jersey.

19. Entire Agreement

These Terms constitute the entire agreement between the Customer and Aigade regarding the Services.