Terms of Service

By creating an account, accessing, or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree with these Terms, you must not use the Service.

Perbene provides an AI-powered voice assistant platform for businesses, including but not limited to:

• Automated call answering, lead qualification, and service request triage via AI voice assistant.
• Call recording, transcription, and analytics.
• Contact management and business operations tools.
• SMS and email communication capabilities.
• Team collaboration, workflow automation, and reporting dashboard.

You must provide accurate and complete information when creating an account. You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activity that occurs under your account.
• Notifying us immediately of any unauthorized access or security breach.

We reserve the right to suspend or terminate accounts that contain inaccurate information or are used in violation of these Terms.

• Free trial: New accounts receive a 14-day free trial of the selected plan. No payment method is required to start it. The trial includes a limited amount of usage credits, and a phone number provided by Perbene is available only with a paid subscription. If a payment method has been added when the trial ends, the selected subscription begins and the payment method is charged; if not, the trial ends and the subscription is canceled.
• Billing cycle: After your trial, you must subscribe to a paid plan to continue using the Service. Subscriptions are billed monthly or annually in advance via Stripe.
• Plan limits: Each plan includes specific limits on contacts, phone lines, team members, and monthly calls. Exceeding plan limits may require an upgrade or may result in service restrictions.
• Price changes: We may change pricing with 30 days’ written notice. Price changes will not apply until the start of your next billing cycle.
• Cancellation: You may cancel your subscription at any time through your dashboard or by contacting support. Your access continues until the end of the current billing period. No prorated refunds are provided for partial billing periods.
• Refunds: Refunds are handled on a case-by-case basis. Contact us at [email protected] within 14 days of a charge to request a refund.

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Transmit spam, robocalls, or unsolicited bulk communications.
• Engage in telemarketing or automated dialing in violation of the Telephone Consumer Protection Act (TCPA) or similar laws.
• Attempt to gain unauthorized access to our systems, other users’ accounts, or connected third-party services.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service.
• Use the Service to harass, threaten, abuse, or harm any person.
• Exceed your plan’s usage limits through automated, fraudulent, or abusive means.
• Interfere with or disrupt the integrity or performance of the Service.
• Use the Service for any illegal, fraudulent, or deceptive purpose.

The Service, including all software, algorithms, AI models, user interface designs, documentation, trademarks, and proprietary technology, is owned by DAHO and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. You may not copy, modify, distribute, sell, or sublicense any part of the Service.

You retain ownership of all data you enter into the Service, including contact information, business records, call recordings, and service requests (“Your Content”). You grant us a limited, non-exclusive license to process Your Content solely to provide, maintain, and improve the Service. We do not claim ownership of Your Content.

You are solely responsible for complying with all applicable call recording laws in your jurisdiction, including but not limited to obtaining consent from callers where required by one-party or all-party consent laws. Perbene provides tools to enable, disable, and manage call recording, but compliance with applicable law is your responsibility. You agree to indemnify Perbene against any claims arising from your failure to comply with call recording laws.

You are solely responsible for complying with all applicable laws governing SMS and text messaging, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any applicable state or international messaging regulations. Your obligations include:

• Obtaining prior express written consent from recipients before sending any automated or marketing SMS messages.
• Clearly identifying Perbene (or your business) as the sender of each message.
• Providing a clear opt-out mechanism in every message (e.g., “Reply STOP to unsubscribe”) and honoring opt-out requests promptly.
• Maintaining records of consent for each recipient.
• Complying with message frequency, content, and time-of-day restrictions applicable in your jurisdiction.

Perbene provides tools to help manage SMS communications, but compliance with applicable law is your responsibility. You agree to indemnify Perbene against any claims, fines, or penalties arising from your failure to comply with SMS and text messaging laws.

The Perbene platform uses artificial intelligence, including large language models and speech recognition systems, to power its voice assistant and related features. You acknowledge and agree that:

• AI-generated responses may contain errors, inaccuracies, or incomplete information.
• The AI assistant is not a substitute for professional human judgment, particularly in emergency, legal, medical, or safety-critical situations.
• You remain responsible for all decisions and actions taken based on AI-generated output, including escalation of emergencies, dispatch of service providers, and communication with callers.
• AI model performance may vary based on call quality, accents, background noise, and other factors outside our control.
• We do not warrant that AI-generated responses will be error-free, complete, or suitable for any particular purpose.

You should regularly review call transcripts and AI outputs in your dashboard to verify accuracy and appropriateness. Perbene is not liable for damages arising from your reliance on AI-generated content.

We strive for high availability and reliability but do not guarantee uninterrupted or error-free service. We may perform scheduled maintenance with reasonable advance notice when possible. We are not liable for:

• Downtime caused by factors beyond our reasonable control, including third-party service outages (telephony providers, cloud infrastructure), natural disasters, or government actions.
• Temporary service interruptions for maintenance, upgrades, or security patches.
• Issues arising from your network, hardware, or software configuration.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAHO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You agree to indemnify, defend, and hold harmless DAHO and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or third-party rights.
• Your Content or data you process through the Service.

• By you: You may cancel your account at any time through the dashboard or by contacting support.
• By us: We may suspend or terminate your account if you materially breach these Terms, fail to pay fees when due, or engage in conduct that is harmful to other users or the Service. We will provide reasonable notice when possible.
• Effect of termination: Upon termination, your right to use the Service ceases immediately. You may request an export of Your Content within 30 days of termination. After 30 days, we may permanently delete Your Content.

In the event of any dispute arising from these Terms or the Service, you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. If the dispute cannot be resolved informally within 30 days, either party may pursue formal legal remedies as described below.

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively before the courts of the Province of Ontario, and you consent to their jurisdiction and venue.

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your account.

• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Perbene regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

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

DAHO Email: [email protected]