These AI Terms of Service ("AI Terms") govern the artificial-intelligence capabilities supplied by OmertaCall LLC ("OmertaCall", "we" or "us"). They supplement your service agreement, our Terms of Service and Acceptable Use Policy. If these AI Terms conflict with another term specifically about an AI feature, these AI Terms take precedence.
1. Acceptance and scope
These terms apply when you enable or use AI voice agents, transcription, translation, call scoring, compliance review, ask-the-call, summaries or live coaching, including related APIs and integrations. By enabling or using an AI feature, the person accepting these terms confirms that they have authority to bind the customer. If you do not agree, do not enable or use the AI features.
2. Business use and feature controls
We grant you a limited, non-exclusive, revocable right to use the AI features for your internal business operations during your subscription, subject to your agreement. You may not resell the features, provide them as a standalone service, copy the underlying software or models, or use them to develop a competing model.
Your administrators are responsible for feature settings, user permissions, campaign limits and any available spending or usage controls. Keep account and business information accurate. You must protect credentials, remove access when it is no longer needed and tell us promptly about suspected unauthorised access.
3. Customer data and instructions
You retain your rights in call audio, recordings, transcripts, prompts, contact records, configurations and other material you submit ("Customer Data"). You give us and our service providers a limited right to host, transmit and process Customer Data only to provide, secure and support the contracted services, comply with law and carry out your documented instructions.
You must have a lawful basis and all necessary rights for Customer Data and your instructions. Do not submit malicious code, material that infringes another person's rights, or information that you are not permitted to process. Customer Data, recordings and transcripts are not used to train third-party foundation models without your consent.
4. Disclosure, consent and recordings
You are responsible for the lawfulness of every AI-assisted interaction. Before an AI voice agent engages a person, you must clearly disclose that the person is interacting with an automated or AI system where applicable law requires it, and must not mislead a person about the nature of the interaction.
You must provide all recording, transcription and monitoring notices required by local law and obtain valid consent where required. Rules differ between jurisdictions and may depend on the location of each participant, the purpose of the call and whether voice or biometric information is processed. You are responsible for determining the applicable rules, maintaining evidence of notices and consents, and honouring withdrawals or objections. Disable recording or other processing when the required permission is absent.
5. Calling and messaging obligations
You must comply with applicable telemarketing, consumer-protection, privacy, electronic-communications, do-not-call, caller-identification and industry rules. This includes calling-time restrictions, internal and external suppression lists, consent revocation, accurate caller ID and any registration obligations. AI features do not change these duties and must not be used to evade them.
Do not use AI features for unlawful purposes, deception, fraud, harassment, discrimination, unauthorised surveillance or infringement. Voice cloning, impersonation and synthetic media require the informed permission of every person whose voice or identity is reproduced and must otherwise comply with law and our Acceptable Use Policy.
6. Human oversight and operating limits
AI output is probabilistic. Transcripts, translations, scores, recommendations and generated speech can be incomplete, inaccurate, biased or inappropriate for the context. A qualified person must supervise the service, test configurations before deployment, review consequential outputs and provide an appropriate route to a human agent.
You must not rely solely on AI output for emergency response or for decisions with legal, financial, medical, employment, credit, insurance or similarly significant effects. You remain responsible for decisions, commitments and statements made through your workflows. Monitor performance and usage, apply sensible limits and suspend a workflow that behaves unexpectedly.
7. Service dependencies and availability
AI features depend on telecommunications networks, integrations and specialist processing providers. Updates, provider restrictions, network conditions or safety controls can change or interrupt a feature. We may modify or suspend functionality to protect people, the platform or legal compliance, or where an upstream capability is withdrawn. We do not warrant uninterrupted availability or a particular output.
8. Privacy and security
Our Privacy Policy and any applicable Data Processing Addendum govern personal information. The AI Security and Compliance Policy describes the control framework for AI processing. You are responsible for configuring collection and retention appropriately, limiting access within your organisation and avoiding unnecessary sensitive information in prompts and integrations.
Where we act as your processor, we process personal information on your documented instructions. You remain responsible for notices, lawful bases, data-subject requests and instructions given through your account or integrations.
9. Confidentiality and compelled disclosure
Each party must protect the other's non-public information using reasonable care and use it only for the relationship governed by the agreement. On termination, confidential information must be returned or destroyed as required by the agreement, subject to lawful retention and backup cycles. If we are legally required to disclose your confidential information, we will give notice before disclosure where the law permits and limit disclosure to what is required.
10. Monitoring and enforcement
We may use technical and administrative measures to detect abuse, security threats and violations of these terms. We may restrict traffic, disable an AI workflow or suspend access where reasonably necessary to address unlawful use, risk to others, platform abuse or a material breach. Monitoring does not transfer responsibility for your use to us.
11. Intellectual property and feedback
OmertaCall and its licensors retain all rights in the platform, AI features, software, documentation and associated models. No ownership of those materials transfers to you. If you provide feedback, we may use it without restriction, provided that we do not disclose your confidential information or use Customer Data to train third-party foundation models without consent.
12. Indemnity
To the extent permitted by law, you will indemnify OmertaCall LLC against third-party claims, regulatory penalties, losses and reasonable legal costs arising from your Customer Data, instructions, calling or messaging activity, failure to provide required notices or obtain consent, unlawful use of AI output, or breach of these AI Terms.
13. Disclaimers and limitation of liability
The AI features and their outputs are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim implied warranties and do not warrant that output will be accurate, complete, lawful for your intended use or suitable for a particular decision.
The exclusions and liability cap in the Terms of Service apply to these AI Terms. In particular, we are not liable for indirect or consequential losses, and our total liability is limited to the fees you paid us for the services in the three months before the event giving rise to the claim. Nothing limits liability that cannot lawfully be limited.
14. Term, changes and general provisions
These AI Terms apply while you use the AI features. Termination or suspension of the underlying service also ends access to them. Provisions concerning ownership, confidentiality, indemnity, disclaimers, liability and disputes survive termination.
We may update these AI Terms and will give existing customers at least 30 days' notice of material changes by email. Continued use after the effective date constitutes acceptance. If a provision is unenforceable, the remainder stays in effect. Failure to enforce a right is not a waiver, and you may not assign these terms without our written consent.
These AI Terms and disputes arising from them are governed by the laws of Nevis, St Kitts and Nevis. The courts of St Kitts and Nevis have exclusive jurisdiction unless applicable law requires otherwise.
15. Contact
For legal matters concerning these AI Terms, contact [email protected].
OmertaCall LLC, Hunkins Waterfront Plaza, Suite 556, Main Street, Charlestown, Nevis.