Terms of Service
These Terms of Service ("Terms") form a binding agreement between Jewelry Website Designers Agency operated by SOS Web Design LLC based in Linden, Michigan, USA, and the entity or individual ("Client," "you") registering to use **AI Build Agents** app, a software-as-a-service platform available at https://www.ai.jewelrywebsitedesigners.com that enables agencies and companies to build, configure, and deploy AI-powered voice agents using third-party technologies including OpenAI and Deepgram (the "Service").
BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT YOU HAVE AUTHORITY TO BIND THAT COMPANY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
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## 1. The Service
The Service allows Clients to create an unlimited number of AI voice agents (subject to your subscription plan and any technical/fair-use limits) that can conduct spoken conversations, powered by third-party large language models (such as OpenAI) and speech recognition/synthesis engines (such as Deepgram). Clients may use these voice agents for their own business purposes or on behalf of their own customers (e.g., agencies deploying agents for their clients).
We may add, modify, or discontinue features of the Service at any time. We do not guarantee uninterrupted or error-free operation, particularly where functionality depends on third-party providers outside our control.
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## 2. Eligibility and Account Registration
- You must be at least 18 years old and capable of forming a binding contract to use the Service.
- You must provide accurate, current, and complete registration information and keep it updated.
- You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
- You must notify us promptly of any unauthorized use of your account.
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## 3. Subscription, Fees, and Payment
- Access to the Service is provided on a subscription basis according to the plan you select. Fees, billing cycles, and usage limits (e.g., call minutes, number of agents, API usage) are as described on our pricing page or order form at the time of purchase.
- Fees are billed in advance and are non-refundable except as required by law or as expressly stated in these Terms.
- We may change pricing on renewal with reasonable prior notice.
- You are responsible for all taxes associated with your use of the Service, excluding taxes on our net income.
- Failure to pay may result in suspension or termination of your access to the Service.
- Usage of third-party AI/voice APIs (OpenAI, Deepgram, telephony carriers) may be billed based on consumption (e.g., per-minute or per-token); such usage-based charges, where applicable, will be disclosed in your plan terms.
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## 4. Client Responsibilities and Acceptable Use
You are solely responsible for the content, configuration, scripts, and behavior of any voice agent you create, and for all interactions your voice agents have with third parties, including end callers.
You agree that you will NOT use the Service to:
1. Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, Do-Not-Call regulations, or any equivalent telemarketing, robocall, or anti-spam law in any jurisdiction where your calls are placed or received;
2. Record calls or process voice/biometric data without providing legally required notice and obtaining any necessary consent under applicable state, federal, or international law (including two-party/all-party consent wiretap laws);
3. Impersonate any person or entity, misrepresent that a caller is speaking with a human when disclosure is legally required, or spoof caller ID information unlawfully;
4. Engage in fraud, phishing, deceptive practices, harassment, threats, or any unlawful solicitation;
5. Transmit malware, attempt to breach security, or reverse-engineer the Service;
6. Violate the intellectual property, privacy, or other rights of any third party;
7. Use the Service to generate content that is defamatory, obscene, discriminatory, or that promotes violence or illegal activity;
8. Violate OpenAI's, Deepgram's, or any other integrated third party's applicable usage policies, as such policies may affect your use of underlying models through our Service;
9. Resell or sublicense the Service outside the scope of an authorized agency/white-label arrangement expressly permitted in your plan.
We reserve the right to suspend or terminate accounts that violate this Section, with or without notice, particularly where violations pose legal or security risk.
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## 5. Client Warranties Regarding End Users
If you deploy voice agents that interact with your own customers, callers, or other end users ("End Users"), you represent and warrant that:
- You have all necessary rights, consents, and legal bases to have End Users interact with an AI voice agent and to process their voice data accordingly;
- You will provide any disclosures required by law, including that the End User is interacting with an automated/AI system and that calls may be recorded, where applicable;
- You will comply with all applicable data protection laws (e.g., GDPR, CCPA/CPRA) regarding End User data processed through your voice agents;
- You will not use the Service in any manner causing us to violate our obligations to any third-party sub-processor (including OpenAI and Deepgram).
You agree to indemnify and hold us harmless from claims arising from your failure to comply with this Section.
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## 6. Third-Party Services
The Service integrates with and relies upon third-party providers, including OpenAI and Deepgram, to deliver AI language processing and speech recognition/synthesis capabilities. You acknowledge that:
- Such third-party services are provided by independent companies, and their availability, pricing, features, and policies may change without our control;
- We are not responsible for outages, errors, biased or inaccurate outputs, or policy changes originating from these third-party providers;
- Your use of AI-generated outputs is at your own risk; AI models may produce inaccurate, incomplete, or inappropriate content ("hallucinations"), and you are responsible for reviewing and validating outputs used in your business, especially in regulated or high-stakes contexts (e.g., financial, medical, or legal advice given by a voice agent).
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## 7. Intellectual Property
- **Our IP:** The Service, including its software, design, and underlying technology (excluding third-party components and your Content), is owned by us or our licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription term, solely for its intended business purpose.
- **Your Content:** You retain ownership of the scripts, prompts, configurations, call recordings, and other content you input or generate through the Service ("Client Content"). You grant us a limited license to host, process, and transmit Client Content solely as necessary to provide the Service.
- **Feedback:** If you provide suggestions or feedback, we may use it without obligation or compensation to you.
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## 8. Confidentiality
Each party agrees to protect the other's confidential information disclosed in connection with these Terms using reasonable care, and to use it only for purposes of performing under these Terms.
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## 9. Data Privacy
Our collection and use of information is governed by our [Privacy Policy](/privacy-policy), incorporated into these Terms by reference. Where required by applicable data protection law, the parties may enter into a separate Data Processing Agreement (DPA) governing our processing of End User personal data on your behalf.
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## 10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE OR AI OUTPUTS WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR APPROPRIATENESS OF ANY AI-GENERATED VOICE OUTPUT.
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## 11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
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## 12. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your voice agents' interactions with End Users, including any failure to obtain required consents or comply with telemarketing/recording laws; or (d) your violation of any third-party rights.
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## 13. Term, Suspension, and Termination
- These Terms remain in effect while you maintain an active subscription.
- We may suspend or terminate your access immediately if you breach these Terms, pose a security risk, or if required by a third-party provider (e.g., OpenAI or Deepgram policy violations affecting our ability to provide the Service).
- You may cancel your subscription at any time in accordance with your plan's cancellation terms; cancellation does not entitle you to a refund of prepaid fees except as required by law.
- Upon termination, your right to access the Service ends; we may retain or delete Client Content per our data retention practices and applicable law.
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## 14. Modifications to the Terms
We may update these Terms from time to time. We will provide notice of material changes via the dashboard or email. Continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.
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## 15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Michigan, USA, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Michigan, and you consent to personal jurisdiction there.
*(Optional: If you prefer arbitration instead of court litigation, we can add a binding arbitration and class-action-waiver clause — let me know and I'll revise this section.)*
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## 16. General Provisions
- **Entire Agreement:** These Terms, together with the Privacy Policy and any order form/DPA, constitute the entire agreement between the parties.
- **Severability:** If any provision is found unenforceable, the remaining provisions remain in full effect.
- **No Waiver:** Failure to enforce any provision is not a waiver of our right to do so later.
- **Assignment:** You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
- **Force Majeure:** We are not liable for delays or failures due to causes beyond our reasonable control, including third-party service outages.
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## 17. Contact Us
SOS Web Design LLC
Email: info@soswebdesign.com
Linden, MI 48451
• Tel. 810-750-8082
• Fax 866-630-5937