Terms of Service

Please read these Terms of Service (these "Terms") carefully, as they constitute a legally binding agreement between Twincall AI ("Twincall AI," "we," "us," or "our") and you, the end-user and any employees, agents, contractors, or entities on whose behalf the end-user accepts these Terms (collectively, "you" and "your"). These Terms apply to your use of our website (www.twincallai.com) and our AI technology services (the "Services").

If you are using the Services on behalf of a business, organization, or other legal entity (the "Client"), you represent and warrant that you have the authority to bind that entity to these Terms.

1. Services

Twincall AI provides AI-powered voice communication and automation services, including but not limited to call answering, appointment scheduling, and other related customer interaction functionalities (collectively, the “Services”). By accessing or using the Services, you agree to comply with these Terms of Service (“Terms”) and all applicable local, state, federal, and international laws, rules, and regulations.

Twincall AI reserves the right to modify, enhance, suspend, or discontinue any aspect of the Services at any time, with or without notice, and shall not be liable to you or any third party for any such modification or discontinuation.

2. Eligibility

By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity and authority to enter into a binding contract on behalf of yourself or the entity you represent. If you are entering into this agreement on behalf of a business or other legal entity, you further represent and warrant that you have the authority to bind such entity to these Terms.

Use of the Services is void where prohibited. Twincall AI reserves the right to refuse access to or use of the Services to any individual or entity at its sole discretion, for any reason or no reason, and without liability.

3. Demo Participation and Pre-Contractual Binding Effect

By requesting, scheduling, attending, or otherwise participating in a demonstration of the Services offered by Twincall AI (a “Demo”), you expressly acknowledge and agree that your participation shall be subject to and governed by these Terms of Service to the fullest extent applicable. This includes, without limitation, provisions relating to call recording Confidentiality and Data Security, Intellectual Property, Marketing Rights, Disclaimers and Limitations of Liability.

Your participation in a Demo constitutes your legally binding consent to be recorded and to permit Twincall AI to use such recordings for internal, commercial, and marketing purposes in accordance with these Terms, to the fullest extent permitted by law. Twincall AI shall bear no liability for your failure to review or object to these Terms prior to your participation.

4. Account Registration

To access and utilize certain features of the Services, you will be required to create an account with Twincall AI. You agree to provide true, accurate, current, and complete information during the account registration process and to maintain and promptly update such information to ensure its continued accuracy.

As part of the account setup process, you are solely responsible for providing Twincall AI with clear, specific instructions regarding the configuration of your AI assistant, including but not limited to any required legal notifications or consent language (e.g., disclosures related to call recording or data collection). Twincall AI does not and will not assume responsibility for determining or verifying the legal adequacy of your AI assistant’s script or behavior.

Failure to provide such configuration instructions shall be deemed an acknowledgment that the default configuration is acceptable to you and that you assume full legal responsibility for its use.

You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted under your account, whether authorized or unauthorized. You agree to immediately notify Twincall AI of any unauthorized access to or use of your account or any breach of security.

Twincall AI disclaims any liability for the consequences of any misconfiguration, omission, or failure by you to properly direct the behavior of your AI assistant in compliance with applicable law.

5. Fees and Payment

Access to and use of the Services is subject to the payment of applicable fees as set forth on the Twincall AI website or as otherwise agreed to in writing by you and Twincall AI. All fees are due in advance, are non-cancelable, and are non-refundable, unless otherwise expressly stated in a separate written agreement.

Twincall AI reserves the right to modify its pricing and fee structures at any time, in its sole discretion, with or without notice. Continued use of the Services following any such modification constitutes your agreement to pay the modified fees.

You authorize Twincall AI or its third-party payment processor to charge your designated payment method for all amounts due and payable under this Agreement. You are solely responsible for any applicable taxes, duties, or governmental assessments associated with your use of the Services.

6. Acceptable Use

You agree to use the Services only in accordance with applicable laws and regulations and strictly in compliance with these Terms. Without limiting the generality of the foregoing, you shall not, and shall not permit any third party to:

• Use the Services for any illegal, fraudulent, or unauthorized purpose;

• Misrepresent your identity, affiliation, or the nature or purpose of your communications;

• Transmit, store, or otherwise make available any content that is defamatory, obscene, pornographic, harassing, threatening, misleading, deceptive, infringing, or otherwise objectionable or unlawful;

• Violate, infringe, or misappropriate the intellectual property, privacy, or proprietary rights of any third party;

• Attempt to probe, scan, penetrate, or test the vulnerability of any system or network operated by or associated with Twincall AI, or interfere with the proper functioning, integrity, or performance of the Services;

• Use automated means to access or interact with the Services without Twincall AI’s prior written consent.

Violation of this Acceptable Use Policy may result in the immediate suspension or termination of your access to the Services, at Twincall AI’s sole discretion, and may subject you to civil or criminal liability.

7. Call Recording

By accessing or using the Services provided by Twincall AI, you expressly acknowledge, understand, and agree that all calls facilitated through the platform are, by default, recorded and securely stored. This default recording functionality is an inherent feature of the Services and is automatically activated unless and until explicitly disabled by you in accordance with the procedures set forth herein.

You are solely and exclusively responsible for ensuring that your use of the call recording functionality complies with all applicable federal, state, local, and international laws, regulations, and rules, including but not limited to any obligation to obtain prior consent from or provide notice to call participants. You are further responsible for configuring your AI assistant, scripting disclosures, and managing all associated call flows in a manner that satisfies such legal requirements. Should you wish to disable call recording, you must submit an explicit request through one of the following approved channels:

• By submitting a written request to your designated Twincall AI account manager

• By emailing support@twincallai.com with a clear directive to disable call recording

Unless and until such request is received and confirmed by Twincall AI, you acknowledge and agree that call recording remains active by default, and you assume all legal responsibility associated with the recording, storage, and use of such calls.

In addition, you are solely responsible for informing Twincall AI if your AI assistant is required to provide a specific legal disclaimer or obtain consent language to comply with any applicable law. Your failure to notify Twincall AI of such requirements constitutes an express waiver of any claim against Twincall AI related to non-disclosure or lack of consent. Twincall AI shall bear no responsibility for any legal violations resulting from your failure to properly configure or inform us of such requirements.

Twincall AI does not monitor, control, supervise, or assume responsibility for your legal compliance with any call recording laws, nor does Twincall AI provide legal advice or make any representations or warranties concerning the legality of call recording in any jurisdiction.

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Twincall AI, its officers, directors, employees, agents, contractors, affiliates, successors, and assigns from and against any and all claims, actions, demands, proceedings, damages, losses, liabilities, fines, penalties, costs, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising out of or in any way related to your use of the call recording functionality, including, without limitation, any alleged failure to provide required notice or obtain necessary consent from any party to a recorded communication.

8. No Legal Advice
You acknowledge and agree that Twincall AI does not provide legal advice, and any statements or communications from Twincall AI (whether through the Services, documentation, verbal or otherwise) should not be construed as such. You are solely responsible for obtaining independent legal counsel to ensure your compliance with all applicable laws and regulations, including but not limited to those related to call recording, privacy, and consumer protection.

9. Service Availability

Twincall AI shall use commercially reasonable efforts to maintain a monthly uptime rate of 99.9% for the Services. However, Twincall AI does not warrant or guarantee uninterrupted, error-free, or continuous availability of the Services. Temporary interruptions may occur for maintenance, updates, system upgrades, emergency repairs, or due to failures of telecommunications links and equipment. Twincall AI shall not be liable to you or to any third party for any such interruptions or any resulting loss or damages.

10. Confidentiality and Data Security

Twincall AI respects the confidentiality of your data and implements commercially reasonable technical and organizational measures designed to protect against unauthorized access, loss, misuse, or disclosure of personal data, call recordings, and other sensitive information. These measures may include, without limitation, encryption in transit and at rest, access controls, and secure data storage protocols.

Notwithstanding the foregoing, Twincall AI shall not be liable for any loss, corruption, or unauthorized disclosure of data resulting from your failure to configure your AI assistant, call flows, or access controls appropriately, or from any third-party services or integrations used in connection with the Services. You are solely responsible for determining what data is captured and how it is handled under your account.

11. Intellectual Property

All content, software, source code, trademarks, trade names, service marks, logos, and other intellectual property rights associated with the Services are and shall remain the sole and exclusive property of Twincall AI and its licensors. No right, title, or interest in or to any intellectual property is granted, transferred, or assigned to you by virtue of your use of the Services.

You may not copy, reproduce, republish, upload, post, transmit, distribute, modify, reverse engineer, decompile, disassemble, or create derivative works of any part of the Services or their underlying content or software, except with Twincall AI’s prior written consent.

12. Marketing and Publicity Rights

By using the Services, you grant Twincall AI a limited, non-exclusive, royalty-free license to use your company name, logo, and anonymized excerpts of communications (e.g., call recordings, transcriptions, audio clips, or summaries) for marketing, promotional, and case study purposes, including on Twincall AI’s website, marketing materials, and public-facing communications.

You may opt out of this provision at any time by delivering written notice to support@twincallai.com. Upon receipt of such notice, Twincall AI shall make commercially reasonable efforts to cease future use of your name, logo, or communications for the purposes set forth above.

By requesting, scheduling, attending, or participating in a demonstration of Twincall AI’s Services (“Demo”), you acknowledge and agree that the Demo may be recorded by Twincall AI for internal purposes, product development, training, and external marketing or promotional use. This includes, without limitation, the use of audio, video, screenshots, excerpts, transcripts, and summaries derived from the Demo.

You grant Twincall AI a worldwide, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, publish, distribute, display, and otherwise exploit any portion of the Demo recording—including names, voices, company details, and statements—for marketing, promotional, and case study purposes, including but not limited to website content, sales materials, social media, and public communications.

You acknowledge that such use shall not require further approval or compensation. If you do not consent to the use of your Demo recording for marketing purposes, you must notify Twincall AI in writing at support@twincallai.com prior to or during the Demo. Otherwise, such consent shall be deemed granted in full.

13. Disclaimers

The Services are provided on an “as is,” “as available,” and “with all faults” basis, without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Twincall AI expressly disclaims all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

Twincall AI makes no warranty that the Services will meet your requirements, operate without interruption, be error-free, or be free from viruses or other harmful components.

14. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Twincall AI, its officers, directors, employees, contractors, agents, licensors, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or damages for loss of goodwill, arising out of or in connection with your access to or use of the Services, including but not limited to call recordings, misconfigurations, or data breaches, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Twincall AI has been advised of the possibility of such damages.

15. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Twincall AI, its affiliates, officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your access to or use of the Services; (ii) your violation of these Terms; (iii) your failure to comply with applicable laws, including but not limited to call recording laws, privacy laws, and data security regulations; or (iv) your misconfiguration, misuse, or failure to properly instruct Twincall AI regarding the behavior of your AI assistant.

16. Termination

Twincall AI reserves the right, at its sole discretion, to suspend, limit, or terminate your access to the Services, in whole or in part, at any time and without prior notice, for any reason or no reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Services shall immediately cease, and any provisions of these Terms that by their nature should survive termination shall so survive.

17. Force Majeure
Twincall AI shall not be held liable for any failure or delay in performance due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, governmental actions, strikes, war, terrorism, pandemics, labor shortages, Internet outages, or the failure of third-party providers.

18. Severability
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

19. Waiver

No waiver by Twincall AI of any breach or default under these Terms shall be deemed a waiver of any preceding or subsequent breach or default. Any waiver must be in writing and signed by an authorized representative of Twincall AI to be legally binding.

20. Governing Law and Dispute Resolution

Any disputes arising out of or related to these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, in English, and the decision of the arbitrator shall be final and binding. Notwithstanding the foregoing, Twincall AI may seek injunctive or equitable relief in any court of competent jurisdiction.

21. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Twincall AI’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Twincall AI may freely assign or transfer these Terms without restriction.

22. Survival

All provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnities, and governing law provisions, shall so survive.

23. Changes to Terms

Twincall AI reserves the right to revise or modify these Terms at any time, in its sole discretion. If changes are made, Twincall AI will post the updated Terms on its website and may, but is not required to, notify you by email or other reasonable means. Your continued use of the Services following the posting of revised Terms constitutes your binding acceptance of such changes.

24. Accessibility

Twincall AI strives to make its Services accessible to individuals with disabilities. If you experience difficulty accessing any part of our platform or have suggestions on how we can improve accessibility, please contact us at support@twincallai.com.

25. Contact

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

Twincall AI
Email: support@twincallai.com
Website: www.twincallai.com