Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Perbene AI platform ("Service") operated by Perbene AI, Inc. ("Perbene", "we", "us", or "our"), a Delaware corporation. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.

1. Acceptance of Terms

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.

2. Description of 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.

3. Account Registration and Security

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.

4. Subscription Plans and Billing

• Free trial: New accounts receive a 14-day free trial with full access to features. No credit card is required to start the trial.
• 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 hello@perbene.ai within 14 days of a charge to request a refund.

5. Acceptable Use

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.

6. Intellectual Property

The Service, including all software, algorithms, AI models, user interface designs, documentation, trademarks, and proprietary technology, is owned by Perbene AI 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.

7. Your Content and Data Ownership

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.

8. Call Recording Compliance

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.

9. Service Availability and Support

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.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERBENE AI 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.

11. Indemnification

You agree to indemnify, defend, and hold harmless Perbene AI 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.

12. Termination

• 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.

13. Dispute Resolution

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 hello@perbene.ai. If the dispute cannot be resolved informally within 30 days, either party may pursue formal legal remedies as described below.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in the State of Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.

15. Changes to Terms

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.

16. Miscellaneous

• 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.

17. Contact Us

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

Perbene AI, Inc.
Email: hello@perbene.ai