Terms of Service

1. Compliance with Telephony and Telemarketing Laws

The telephony and AI voice space is heavily regulated. You acknowledge and agree that you are solely responsible for compliance with all local, state, federal, and international laws, regulations, and industry guidelines applicable to outbound and inbound calling, text-to-speech, call recording, and automated communications.

A. TCPA and TSR Compliance (United States)

If you operate in the United States or call telephone numbers belonging to U.S. residents, you must strictly comply with the Telephone Consumer Protection Act (TCPA) (47 U.S.C. § 227) and the Federal Trade Commission's Telemarketing Sales Rule (TSR) (16 C.F.R. Part 310).

• Outbound Consent & Shopify Marketing Flags: You warrant that you will only trigger outbound communications (including abandoned cart recovery calls) to consumers who have explicitly opted-in to receive telephone/SMS marketing or updates communications during the checkout process on your store. While the Platform includes automated filters to check Shopify's checkout consent flags (such as buyer_accepts_marketing and email_marketing_consent) and will attempt to block calls to non-consenting shoppers, you acknowledge that this is provided as-is and you maintain sole responsibility for ensuring valid consent. You agree to fully indemnify, defend, and hold harmless the Platform against any regulatory or civil claims arising from outbound campaigns.
• National Do Not Call (DNC) Registry: You agree to scrub all customer lists against the National DNC Registry and any applicable state-level DNC lists. You must not schedule or initiate calls to registered numbers unless you possess a valid legal exemption.
• Time Restrictions:You agree to restrict outbound calls to the hours permitted by the TCPA (generally 8:00 AM to 9:00 PM local time at the recipient's location).

B. International Regulations

If you call international numbers, you must comply with corresponding regulations, including Canada's CASL, the United Kingdom's Privacy and Electronic Communications Regulations (PECR), and the European Union's GDPR consent regulations.

C. Voice Identification and Disclosures

You must ensure that your AI voice agent clearly identifies your business name and the purpose of the call at the beginning of any automated call. If required by law, you must disclose that the speaker is an artificial or synthetic voice.

2. Call Recording and Consent

Our Platform allows you to record call sessions, generate call transcripts, and log call summaries.

Laws regarding call recording vary by jurisdiction. Some jurisdictions require "one-party" consent, while others require "two-party" or "all-party" consent (where every participant on the call must agree to the recording).

You must notify call participants that the call is being recorded and transcribed at the very beginning of the call (e.g., in your assistant's "First Message" greeting, such as: "Hello, thank you for calling. This call may be recorded for quality and training purposes.").

Disclosures Toggle Option:The Platform provides an optional "Recording & AI Disclosures" toggle that automatically prepends a legal compliance disclosure warning to the first greeting message. If you choose to disable this toggle on your assistants, you acknowledge and agree that you assume all civil, regulatory, and legal liability for call compliance in all applicable jurisdictions.

Consent Logging Audit Trail: We automatically log your registration timestamp, IP address, and acceptance state of these Terms and Conditions to maintain a verifiable audit trail of your consent.

3. Acceptable Use Policy (AUP)

You agree NOT to use our Platform to:

1. Engage in spoofing, caller ID manipulation, or the transmission of deceptive caller identification information.
2. Manufacture, transmit, or distribute unsolicited bulk messages or robocalls ("spam").
3. Make calls to emergency lines, healthcare facilities, public safety lines, or critical infrastructure.
4. Harass, threaten, abuse, or defame any individual.
5. Clone voices or generate audio content for which you do not own the rights.

We reserve the right to immediately suspend or terminate your account and release bound phone numbers without prior notice if we detect or suspect a violation of our Acceptable Use Policy.

4. Subscriptions, Fees, and Minute Limits

Your usage limits (number of stores, assistants, and voice minutes) are dictated by your selected subscription plan (Basic, Growth, Pro, Enterprise) managed and billed directly through Shopify. Voice minutes are calculated relative to your billing cycle, and any unused minutes do not roll over to the next billing cycle.

5. Disclaimer of Warranties and Limitation of Liability

We do not guarantee uninterrupted or error-free operation of our voice services. Telephony routing depends on third-party carriers, telecom networks, and API gateways. Calls may be dropped, blocked, delayed, or marked as "Spam Likely" by downstream carriers beyond our control.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOLENK TECHNOLOGIES LLP, ITS DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.

6. Indemnification

You agree to defend, indemnify, and hold harmless Solenk Technologies LLP, its parent company, affiliates, and licensors, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including regulatory fines and legal fees) arising from your violation of these Terms, third-party rights, or telemarketing and privacy laws (including the TCPA, TSR, GDPR, CCPA).

7. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Solenk Technologies LLP is registered, without regard to its conflict of law principles.