FORAI Terms of Service

Introduction

These Terms of Service (the "Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you") and FORAI ("Company", "we", "us", or "our"), concerning your access to and use of https://www.foraicall.com and any related websites, dashboards, pages, tools, products, or services offered by FORAI (collectively, the "Service"). By accessing the Service, you agree that you have read, understood, and agreed to be bound by these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the effective date, and you waive any right to receive specific notice of each such change.

Definition of Key Terms

For the purposes of these Terms, the following definitions shall apply:

• "User": any individual or entity who accesses or uses our Service
• "Account": the registered user account required to access certain aspects of the Service
• "Content": any text, graphics, images, audio, video, software, data compilations, and other information on the Service
• "Subscription": the fee-based arrangement for accessing our Service, subject to recurring charges
• "Confidential Information": proprietary or confidential information that is labeled as such or should reasonably be understood to be confidential
• "Inbound Calls": calls our AI receptionist answers on behalf of the User for third parties
• "Outbound Calls": calls initiated by our Service on behalf of the User to third parties
• "Compliance Requirements": legal and regulatory standards applicable to the use of our Service, including telemarketing and privacy laws
• "Reseller": an individual or entity authorized by FORAI to market, distribute, and sell our Service to end-users
• "AI Platform": FORAI's web-based platform that enables end-users to configure and deploy AI functionality
• "AI Agent": a configured instance of an AI agent created by a User in the platform
• "AI-Generated Content": content generated by the AI Platform based on user inputs or interactions

User Eligibility

The Service is intended only for individuals at least eighteen (18) years of age. By accessing or using any part of the Service, you represent and warrant that you are at least eighteen (18) years of age and have the authority, right, and capacity to enter into this agreement. If you are not at least eighteen (18) years old, you are prohibited from accessing or using the Service.

Description of Services

FORAI offers an AI-powered phone service. Our Service may include, but is not limited to:

• Automated phone answering, potentially available 24/7 depending on configuration
• AI-driven conversations and information collection
• Outbound calling capabilities if enabled, including reminders, follow-ups, or campaigns
• Reseller or partner programs where applicable
• Configurable workflows including scheduling, routing, and call forwarding
• Text messaging capabilities when enabled
• Programmable call handling tailored to business needs
• Multilingual support where available
• Administrative dashboards with call logs and analytics

Account Registration and Management

To access certain features, Users may be required to create an Account, provide accurate and complete registration information, and update it as needed. The User is responsible for maintaining the confidentiality of their Account and password and for restricting access to their devices. You agree to accept responsibility for all activities that occur under your Account. We reserve the right to refuse service, terminate accounts, or restrict access at our sole discretion.

Role of FORAI and User Responsibility

6.1 Platform Provider

FORAI is a technology platform provider. We provide tools and infrastructure to facilitate inbound and outbound calls using artificial intelligence. You are responsible for your use of the platform and for outcomes resulting from your configuration and usage.

6.2 User Responsibility

You are solely responsible for how you use our platform, including:

• The content of calls and messages made through the platform
• Ensuring all usage complies with applicable laws and regulations
• Obtaining necessary consents from call or message recipients
• Adhering to Do Not Call lists and other regulatory requirements
• The timing and frequency of calls or messages

6.3 Indemnification for Outbound Calls

You agree to indemnify, defend, and hold harmless FORAI from claims, damages, fines, penalties, or liabilities arising from your use of the platform for outbound calls, including violations of telemarketing, privacy, or other regulations.

6.4 No Legal Advice

FORAI does not provide legal advice. It is your responsibility to consult legal counsel to ensure your use complies with applicable laws and regulations.

Prohibited Uses

You agree not to use the Service for any unlawful purpose or in violation of local, state, national, or international laws. Prohibited uses include, but are not limited to:

• Criminal activities
• Malicious, fraudulent, or illegal purposes
• Infringement of intellectual property rights
• Defamatory, harassing, abusive, or threatening use
• Distribution of unauthorized spam
• Transmission of viruses, malware, or destructive code
• Gathering or transmitting personal information without consent
• Interference with service functionality or security features
• Making calls to emergency lines, public safety answering points, or other services where the called party is charged
• Spamming or abusive calling practices
• Using the Service to develop competitive products or services

Acceptable Use Policy

You agree not to upload, post, host, or transmit content that:

• Is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, or otherwise objectionable
• Encourages criminal conduct or provides instruction for illegal activities
• Infringes third party intellectual property or publicity rights
• Constitutes unauthorized spam or bulk communications
• Contains viruses or malware
• Burdens infrastructure in a way that negatively impacts service performance
• Attempts unauthorized access to accounts or networks
• Uses automated means to access the Service that are not permitted
• Collects information about users without consent
• Impersonates any person or entity or misrepresents affiliation

FORAI may remove content or terminate accounts for violations.

Compliance Requirements

You may only use the Service to contact persons who have provided required consent or where permitted by applicable law. FORAI may request evidence of consent or business relationship.

You must properly identify yourself on outbound calls by transmitting accurate Caller ID information. You may not block Caller ID or misrepresent identity.

FORAI may cooperate with law enforcement or regulators regarding suspected illegal, fraudulent, or improper use, including disclosing information about usage and accounts.

9.1 Responsibility for Compliance

While FORAI may provide features to assist, you are responsible for ensuring compliance with all applicable laws and regulations. FORAI is not responsible for your failure to comply.

Subscription Terms

Access may be provided on a subscription basis. Current fees are outlined on our pricing page and may change at our discretion. Subscriptions are billed in advance and may automatically renew unless canceled.

We may offer multiple plans with different conditions and limitations. If payment attempts fail, we may cancel the subscription and terminate the account after reasonable notice.

Usage Fees and Billing Policy

In addition to subscription fees, usage-based fees may apply. These fees are described on the pricing page or inside the dashboard and may change with notice. All fees are non-refundable except as required by law or as explicitly stated.

Free Trial and Cancellation Policy

We may offer free trials from time to time. Trial specifics will be provided at initiation. If you continue after the trial, billing may commence automatically and your payment method may be charged. You can cancel through account settings or by contacting support@foraicall.com. Usage fees may still apply if disclosed.

Refund Policy

The Service is offered as a digital, subscription-based model. Refunds are generally not provided except as required by law or at our discretion. Requests must be submitted in writing to support@foraicall.com.

Intellectual Property Rights

FORAI retains all rights, title, and interest in the Service, including all related intellectual property rights. You retain rights to your data, subject to the licenses granted in these Terms.

FORAI may collect and use aggregated or de-identified usage data to improve the Service. AI-generated outputs may not always be accurate. You are responsible for reviewing and validating outputs before use.

User-Generated Content

Users may create, post, or share content through the Service ("User-Generated Content"). By posting User-Generated Content, you grant FORAI a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and display such content for operating and improving the Service. You represent and warrant that you have the rights to the content and that it does not violate these Terms.

Privacy Policy

Our Privacy Policy describes how we collect, use, and disclose information. You should read it to understand our practices.

Data Security

We implement security measures to protect personal information, but we cannot guarantee absolute security. Any transmission is at your own risk.

Confidentiality

Each party agrees to protect the other party's confidential information with reasonable care and to use it only to fulfill obligations under these Terms, except as required by law.

Service Modifications and Availability

We may modify, suspend, or discontinue the Service at any time. We do not guarantee uninterrupted availability and are not liable for unavailability.

We may impose usage limitations including API calls or processing volume and will communicate limitations through the Service or other appropriate means.

Third-Party Links and Services

The Service may contain links to third-party websites or services. We do not endorse and are not responsible for third-party content. Access is at your own risk.

User Feedback and Suggestions

Any feedback or suggestions you provide may be used by FORAI for any purpose without compensation to you.

Compliance with Laws

You agree to comply with all applicable laws and regulations, including telemarketing and consumer protection laws such as TCPA and TSR, and any state-specific rules.

Indemnification

You agree to indemnify and hold harmless FORAI and its affiliates, officers, directors, employees, agents, and assigns from losses and expenses arising from your use or misuse of the Service or breach of these Terms.

Limitation of Liability

To the fullest extent permitted by law, FORAI is not liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, revenue, goodwill, data, or business opportunity.

24.1 Platform Liability

FORAI is not liable for damages resulting from outbound calling use, including violations of telemarketing or privacy laws.

24.2 User Assumption of Risk

You assume all risk associated with outbound calling use and are responsible for compliance.

24.3 No Warranty for AI-Generated Content

FORAI provides no warranty as to accuracy, completeness, or appropriateness of AI-generated outputs. You use outputs at your own risk.

Disclaimer for AI-Powered Interactions

You acknowledge AI may produce incorrect results or perform actions based on configuration. FORAI is not liable for damages resulting from AI interactions, unauthorized access, or other matters relating to the Service, to the fullest extent permitted by law.

Representations, Warranties, and Disclaimers

The Service is provided on an "as is" and "as available" basis. We disclaim implied warranties, including merchantability and fitness for a particular purpose, except where prohibited.

Dispute Resolution

Any disputes arising out of or relating to these Terms, the Service, or your relationship with FORAI may be resolved by binding arbitration at FORAI's election, conducted in the state in which FORAI is incorporated, under the rules of the American Arbitration Association. Notwithstanding the foregoing, either party may seek interim or injunctive relief from a court of competent jurisdiction as necessary to protect rights pending arbitration.

Changes to Terms

We may modify these Terms at any time. If changes are material, we may provide notice. Continued use after changes become effective constitutes acceptance.

Termination

We may suspend or terminate access immediately for any reason, including breach. Upon termination, your right to use the Service ceases.

General Provisions

30.1 Notices

Notices must be in writing and delivered by courier, email, or registered mail to the addresses provided in your account or through the Service.

30.2 Force Majeure

Neither party is liable for delays caused by events beyond reasonable control.

30.3 Entire Agreement

These Terms constitute the entire agreement between the parties.

30.4 Severability

If any part is invalid, the remainder remains in effect.

30.5 Assignment

You may not assign these Terms without our written consent, except as part of a merger or acquisition.

Additional Outbound Calling Terms

31.1 Consent

You represent that you have obtained all necessary consents.

31.2 Do Not Call

You are responsible for maintaining and honoring Do Not Call lists.

31.3 Calling Times

You will use outbound calling only during times permitted by law.

31.4 Call Recording

If recording is enabled, you are responsible for required consents.

31.5 Content of Calls

You are responsible for outbound call content and will not use it for unlawful purposes.

31.6 Caller ID

You must transmit accurate Caller ID information.

31.7 Compliance Monitoring

We may monitor outbound activity and suspend access for violations.

Reseller Program Terms

If FORAI offers reseller features, the following terms apply:

32.1 No Guarantee of Success

FORAI makes no guarantees regarding reseller success.

32.2 Right to Terminate

FORAI may terminate reseller participation at any time.

32.3 Reseller Eligibility and Application

Resellers may be required to apply and be approved.

32.4 Reseller Obligations

Resellers are responsible for compliant marketing and sales practices.

32.5 Pricing and Payment

Commission structures, pricing, and payment terms may change with notice.

32.6 White Labeling and Resale Restrictions

Resellers may receive a limited license to white-label and resell, subject to restrictions.

32.7 Support and Training

Resellers may be responsible for first-level support for their customers.

32.8 Intellectual Property

Resellers receive a limited license to use FORAI trademarks solely for approved marketing.

32.9 Confidentiality

Resellers must maintain confidentiality.

32.10 Liability and Indemnification

Resellers indemnify FORAI for claims from reseller activities.

32.11 No Agency

No partnership or employment relationship is created.

32.12 Compliance

Resellers must comply with all applicable laws.

32.13 Dispute Resolution

Disputes related to resellers are subject to these Terms.

32.14 Program Modifications

FORAI may modify or terminate reseller programs at any time.

32.15 Core Functionality

Resellers may not modify core functionality or remove proprietary notices.

32.16 Responsibility

Resellers are responsible for their rebranded version and customer compliance.

Contact Information

If you have questions about these Terms, contact: support@foraicall.com

Governing Law and Venue

These Terms are governed by the laws of the state in which FORAI is incorporated, without regard to conflict of law principles. Any disputes will be brought in the state or federal courts located in that state, unless applicable law requires otherwise.