Terms of Service

1. Acceptance of Terms

By accessing or using OptyxAI services ("Services"), you agree to be bound by these Terms and our Privacy Policy. If you're using Services on behalf of a business, you represent that you have authority to bind that business to these Terms.

If you do not agree to these Terms, you may not access or use our Services.

2. Description of Services

OptyxAI provides AI-powered voice agent services that:

• Answer incoming phone calls to your business
• Handle customer inquiries, bookings, and scheduling
• Provide 24/7 automated phone support
• Record, transcribe, and analyze call data
• Integrate with your business systems (calendar, CRM, etc.)
• Generate reports and insights on call performance

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.

3. Account Registration and Security

3.1 Account Creation

To use OptyxAI, you must create an account with accurate, complete, and current information. You're responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.2 Account Security

You agree to:

• Use a strong, unique password
• Enable multi-factor authentication when available
• Notify us immediately of any unauthorized access
• Not share your account credentials with others
• Not create accounts using automated means or false information

3.3 Account Eligibility

You must be at least 18 years old and legally able to enter into contracts to use OptyxAI. Services are intended for business use only.

4. Subscription and Billing

4.1 Subscription Plans

OptyxAI offers various subscription plans with different features and usage limits. Contact us at optyxai.com/contact for current pricing. We reserve the right to modify pricing with 30 days' notice to existing customers.

4.2 Payment Terms

• Billing Cycle: Subscriptions are billed monthly or annually in advance
• Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Payment Method: You must provide a valid payment method (credit card, ACH, etc.)
• Failed Payments: If payment fails, we may suspend Services until payment is received
• Taxes: Prices exclude applicable taxes, which you're responsible for paying

4.3 Overage Charges

If you exceed your plan's included minutes or usage limits, overage charges apply as specified in your plan. We'll notify you when approaching limits.

4.4 Refunds

Subscription fees are non-refundable except as required by law or at OptyxAI's sole discretion. If you cancel mid-billing cycle, you retain access until the end of the paid period.

5. Acceptable Use Policy

5.1 Permitted Use

You may use OptyxAI Services for lawful business purposes, including customer support, appointment scheduling, lead qualification, and business communications.

5.2 Prohibited Activities

You may not use OptyxAI to:

• Violate laws or regulations (including telemarketing, robocalling, or spam laws)
• Make unsolicited marketing calls without proper consent
• Engage in fraudulent, deceptive, or misleading practices
• Harass, threaten, or abuse individuals
• Impersonate others or misrepresent your identity
• Distribute malware, viruses, or harmful code
• Attempt to reverse engineer, hack, or compromise our systems
• Scrape, mine, or extract data from our platform without permission
• Resell or redistribute Services without authorization
• Use Services for political campaigns without prior approval

5.3 Compliance with Telecom Laws

You're responsible for complying with all applicable telecommunications laws, including the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), and similar regulations. This includes obtaining proper consent for call recordings where required.

6. Your Data and Content

6.1 Your Data

You retain ownership of all data you provide to OptyxAI, including business information, customer data, call recordings, and configurations ("Your Data"). You grant us a license to use Your Data solely to provide and improve Services.

6.2 Data Accuracy

You're responsible for the accuracy, legality, and quality of Your Data. You represent that you have all necessary rights and consents to provide Your Data to us and authorize us to use it as described in these Terms.

6.3 Data Security

We implement reasonable security measures to protect Your Data, as described in our Privacy Policy. However, you acknowledge that no system is completely secure.

6.4 Data Backup and Export

You can export Your Data through our platform at any time. We maintain backups for disaster recovery, but you're responsible for maintaining your own backups.

7. Intellectual Property

7.1 OptyxAI Property

OptyxAI and its licensors own all rights, title, and interest in the Services, including all software, algorithms, models, designs, trademarks, and other intellectual property. These Terms don't transfer any ownership rights to you.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use Services during your subscription period, subject to these Terms.

7.3 Feedback

If you provide feedback, suggestions, or ideas about our Services, we may use them without compensation or obligation to you.

8. Service Level and Support

8.1 Uptime Target

We strive for 99.9% uptime for our Services. This target excludes scheduled maintenance and circumstances beyond our reasonable control.

8.2 Support

We provide email and chat support during business hours for all paid plans. Premium plans may include phone support and faster response times. Support details are available in your plan documentation.

8.3 Maintenance

We may perform scheduled maintenance with advance notice. Emergency maintenance may occur without notice.

9. Termination

9.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

9.2 Termination by OptyxAI

We may suspend or terminate your account if:

• You violate these Terms or our policies
• Your account shows fraudulent or illegal activity
• Payment fails and remains unpaid for 15 days
• Required by law or legal process

9.3 Effect of Termination

Upon termination, your access to Services ends immediately. Your Data will be available for export for 30 days, after which it may be deleted. We're not liable for data loss after termination.

10. Disclaimers and Warranties

SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. To the maximum extent permitted by law, OptyxAI disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that Services will be uninterrupted, error-free, secure, or meet your requirements. AI voice agents may occasionally misunderstand, provide incorrect information, or fail to handle calls as intended.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTYXAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.

Our total liability to you for all claims arising from or related to Services is limited to the amount you paid us in the 12 months preceding the claim.

Some jurisdictions don't allow exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.

12. Indemnification

You agree to indemnify and hold OptyxAI harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from: (a) your use of Services, (b) Your Data, (c) your violation of these Terms, or (d) your violation of any third-party rights.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any legal action, you agree to contact us at legal@optyxai.com to attempt informal resolution.

13.2 Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration under the rules of the American Arbitration Association. Arbitration will occur in [Location] and be governed by [State] law.

13.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis and waive any right to participate in class actions or class arbitrations.

14. General Terms

14.1 Governing Law

These Terms are governed by the laws of [State/Country], without regard to conflict of law provisions.

14.2 Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or platform notice at least 30 days before taking effect. Continued use after changes constitutes acceptance.

14.3 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

14.4 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

14.5 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and OptyxAI regarding Services.

14.6 No Waiver

Failure to enforce any provision doesn't waive our right to enforce it later.

15. Contact Information

For questions about these Terms, contact us: