Terms of Use

1. Eligibility

Our Services are intended for business use only. By using our Services, you represent that:

• You are at least 18 years of age
• You have the authority to bind the business or entity on whose behalf you are using the Services
• Your use complies with all applicable laws and regulations

2. Account Registration

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate and complete information during registration
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

3. Description of Services

Offhook provides an AI-powered voice campaign orchestration platform that enables businesses to:

• Conduct automated outbound voice campaigns using AI agents
• Handle inbound calls with conversational AI
• Record and transcribe calls
• Integrate with CRM and business systems
• Surface high-value interactions for human follow-up

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to use our Services to:

4.1 Prohibited Communications

• Make calls that violate the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), or similar regulations
• Conduct political robocalls or automated political campaign calls without proper consent
• Engage in debt collection harassment or violate the Fair Debt Collection Practices Act (FDCPA)
• Make threatening, harassing, abusive, or intimidating calls
• Conduct fraudulent or deceptive telemarketing
• Make calls to numbers on the National Do Not Call Registry without a valid exemption
• Spoof caller ID with intent to defraud, cause harm, or wrongfully obtain anything of value

4.2 Prohibited Content and Activities

• Transmit any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation
• Interfere with or disrupt the Services or servers connected to the Services
• Attempt to gain unauthorized access to any portion of the Services
• Use the Services for any illegal purpose or in violation of any laws
• Transmit malware, viruses, or other harmful code
• Harvest or collect information about other users without consent

4.3 Compliance Responsibility

You are solely responsible for ensuring that your use of our Services complies with all applicable federal, state, and local laws and regulations, including but not limited to:

• Telephone Consumer Protection Act (TCPA)
• Telemarketing Sales Rule (TSR)
• State telemarketing and consumer protection laws
• Call recording consent laws (one-party vs. two-party consent states)
• Industry-specific regulations applicable to your business

5. Call Recording Compliance

Your Responsibility: You are responsible for complying with all applicable call recording laws when using our Services. Different jurisdictions have different requirements for call recording consent:

• One-party consent states: Only one party to the call needs to consent to recording
• Two-party/all-party consent states: All parties must consent to recording

Our platform provides tools to include recording disclosures in your AI agent scripts. For inbound calls, our system announces that calls are being recorded. For outbound calls, you must configure appropriate disclosures based on applicable law.

6. Customer Data

You retain ownership of all data you upload to or create through our Services ("Customer Data"). By using our Services, you grant us a limited license to use Customer Data solely to provide the Services to you.

You are responsible for:

• Ensuring you have the right to upload and use Customer Data
• The accuracy and legality of Customer Data
• Obtaining necessary consents from individuals whose data you process through our Services
• Complying with applicable data protection laws

7. Intellectual Property

The Services and all content, features, and functionality (including but not limited to software, text, graphics, logos, and design) are owned by Offhook and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes, subject to these Terms.

8. Third-Party Services

Our Services integrate with third-party services (such as CRM platforms, telephony providers, and AI services). Your use of these integrations is subject to the terms and privacy policies of those third-party services. We are not responsible for the practices of third-party services.

9. Fees and Payment

Certain features of our Services may require payment. If you use paid features:

• You agree to pay all applicable fees as described on our pricing page or in your service agreement
• Fees are non-refundable except as expressly stated
• We may change our fees upon reasonable notice
• You are responsible for all taxes associated with your use of the Services

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Services will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or reliability of any information obtained through the Services
• Warranties that defects will be corrected

We do not guarantee any specific results from your use of the Services. AI-generated content, including call transcripts and summaries, may contain errors or inaccuracies.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OFFHOOK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

12. Indemnification

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

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations, including TCPA, TSR, and call recording laws
• Your violation of any third-party rights
• Any claims by individuals contacted through your use of the Services
• Any Customer Data you upload or transmit through the Services

13. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

• Your right to use the Services will immediately cease
• We may delete your account and Customer Data
• All provisions of these Terms that should survive termination will survive

You may terminate your account at any time by contacting us at privacy@offhook.ai.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language and shall take place in Virginia or remotely, at our discretion.

CLASS ACTION WAIVER: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Offhook regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17. Contact Us

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

Email: privacy@offhook.ai