TERMS OF SERVICE

Welcome to Spinabot. These Terms of Service ("Terms") govern your access to and use of the Spinabot platform, services, website, and related products (collectively, the "Services"). These Terms constitute a legally binding agreement between you ("you," "your," or "Customer") and Spinabot ("we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

1. Acceptance of Terms

By creating an account, accessing our platform, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (available at www.spinabot.com/privacy), which is incorporated herein by reference.

We may modify these Terms at any time by posting revised Terms on our website or platform. Material changes will be communicated to you via email or through a prominent notice. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

2. Eligibility and Account Requirements

2.1 Age and Capacity

You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract and are not prohibited from using the Services under applicable law.

2.2 Business Use

Spinabot is intended for business and commercial use. You represent that you are using the Services on behalf of a business entity or for legitimate business purposes, and that you have the authority to bind such entity to these Terms.

2.3 Account Registration

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

Provide accurate, current, and complete information during registration

Maintain and promptly update your account information

Maintain the security and confidentiality of your login credentials

Notify us immediately of any unauthorized access or security breach

Accept responsibility for all activities that occur under your account

You may not share your account credentials with others or allow others to access your account. You are solely responsible for any and all activities conducted through your account.

3. Description of Services

Spinabot provides an AI voice agent platform that enables you to create, deploy, and manage conversational voice agents powered by artificial intelligence. Our Services include:

AI-powered voice conversation capabilities (phone calls, WhatsApp voice, web voice widgets)

Speech-to-text (STT) and text-to-speech (TTS) processing

Real-time voice agent creation and customization tools

Integration with third-party services (CRMs, calendars, payment systems, analytics tools)

Call recording and transcription features (optional, with appropriate consent)

Dashboard, analytics, and reporting tools

API access for developers

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, for any reason.

4. Acceptable Use Policy

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

4.1 Prohibited Activities

In any way that violates any applicable federal, state, local, or international law or regulation

To transmit or facilitate the transmission of spam, unsolicited calls, or robocalls in violation of the Telephone Consumer Protection Act (TCPA) or similar laws

To engage in telemarketing activities without proper consent and compliance with Do Not Call registries

For fraudulent, deceptive, or misleading purposes

To harass, abuse, threaten, or intimidate any person

To impersonate any person or entity, or falsely represent your affiliation with any person or entity

To make emergency calls (911 or equivalent emergency services)

To infringe upon the intellectual property rights of others

To transmit viruses, malware, or other harmful code

To interfere with or disrupt the Services or servers or networks connected to the Services

To collect or harvest personal information from others without consent

To engage in any activity that could damage, disable, or impair our Services

4.2 Voice AI-Specific Prohibitions

Additional restrictions apply to voice AI use:

No Impersonation: You may not use voice agents to impersonate real individuals (including public figures, celebrities, or private individuals) without their explicit consent, or to deceive callers about the identity of the agent.

Disclosure Requirements: You must clearly disclose to End-Users that they are interacting with an AI voice agent, not a human, when required by law or when reasonable disclosure is expected.

No Emergency Services: Voice agents must not be used to contact or impersonate emergency services (police, fire, medical emergency lines).

Consent for Recordings: You must obtain all necessary consent before recording calls, in compliance with federal and state wiretapping and recording laws.

TCPA Compliance: You are responsible for compliance with the Telephone Consumer Protection Act (TCPA), including obtaining prior express written consent where required for automated calls or text messages.

No Sensitive Use Cases: Do not use voice agents for critical decision-making in healthcare, legal, financial, or other domains where errors could cause significant harm, unless you have implemented appropriate human oversight and safeguards.

4.3 Content Standards

You are responsible for all content created, transmitted, or processed through your use of the Services, including voice agent scripts, prompts, and knowledge bases. You agree that your content will not:

Contain hate speech, discriminatory language, or content that promotes violence

Include sexually explicit, obscene, or pornographic material

Violate the privacy or publicity rights of others

Contain defamatory, libelous, or slanderous statements

Promote illegal activities or substances

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Services, including all software, technology, text, graphics, user interfaces, visual interfaces, trademarks, logos, and other content provided by us (collectively, "Spinabot IP"), are owned by or licensed to Spinabot and are protected by copyright, trademark, patent, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. You may not:

Copy, modify, distribute, sell, or lease any part of the Services

Reverse engineer, decompile, or attempt to extract the source code of our software

Remove or alter any proprietary notices or labels

Use our trademarks, logos, or branding without our prior written consent

5.2 Your Content and Data

You retain all ownership rights to the content and data you provide to the Services, including voice agent configurations, scripts, prompts, knowledge bases, and customer data ("Customer Content").

By using the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, process, store, and transmit your Customer Content solely to the extent necessary to provide the Services to you and to improve our Services. This includes:

Processing voice conversations and generating AI responses

Storing call transcripts and recordings as configured by you

Using aggregated, anonymized data for analytics and service improvements

You represent and warrant that you have all necessary rights, licenses, and permissions to provide your Customer Content and to grant us the license described above.

5.3 AI-Generated Content

Content generated by our AI voice agents (including responses, transcripts, and outputs) is provided "as is." While you may use AI-generated content for your business purposes, we make no warranties regarding its accuracy, completeness, or suitability for any particular purpose. You are responsible for reviewing and validating any AI-generated content before relying on it.

5.4 Feedback

If you provide us with feedback, suggestions, or ideas about the Services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our Services without any obligation to you.

6. Usage Limits and Fair Use

6.1 Service Limits

Your use of the Services may be subject to usage limits based on your subscription plan, including limits on:

Number of voice agent conversations per month

Total call minutes

Number of active voice agents

API request volumes

Storage capacity for recordings and transcripts

We will notify you if you approach or exceed your plan limits. Exceeding limits may result in additional charges, service interruptions, or suspension of your account.

6.2 Fair Use Policy

We reserve the right to enforce fair use policies to ensure equitable access to the Services for all Customers. Excessive or abusive use that negatively impacts system performance or other users may result in throttling, suspension, or termination of your account.

6.3 Rate Limiting

API usage and certain features may be subject to rate limiting to prevent abuse and ensure service stability. If you require higher rate limits, please contact us to discuss enterprise options.

7. Billing, Payments, and Subscriptions

7.1 Fees and Charges

You agree to pay all fees associated with your use of the Services as set forth in your selected subscription plan. Fees are billed in advance on a monthly or annual basis, as selected by you. All fees are non-refundable except as expressly stated in these Terms or required by law.

7.2 Payment Methods

You must provide a valid payment method (credit card, debit card, or other approved method) to purchase a subscription. You authorize us to charge your payment method for all fees incurred under your account.

7.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your plan. We will provide notice of any fee increases prior to charging you.

7.4 Usage-Based Charges

Certain features or overages may incur additional usage-based charges (e.g., excess call minutes, additional storage). You will be billed for such charges at the end of each billing period.

7.5 Taxes

All fees are exclusive of applicable taxes, duties, or similar governmental assessments. You are responsible for all such taxes, except for taxes based on our net income.

7.6 Late Payments

If payment is not received by the due date, we may suspend or terminate your access to the Services. We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

7.7 Refunds

All subscription fees are non-refundable, except:

If we terminate your account in violation of these Terms

As required by applicable law

At our sole discretion in exceptional circumstances

If you cancel your subscription, you will retain access to the Services until the end of your current billing period, but no refund will be issued for the remaining time.

8. Termination and Suspension

8.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will be effective at the end of your current billing period. You will not receive a refund for any unused portion of your subscription.

8.2 Termination or Suspension by Us

We reserve the right to suspend or terminate your account and access to the Services, with or without notice, if:

You violate these Terms or any applicable law

Your use of the Services poses a security risk or could harm us or other users

You fail to pay any fees when due

You provide false or misleading information

We are required to do so by law or court order

We cease offering the Services

8.3 Effect of Termination

Upon termination or expiration of your account:

Your right to access and use the Services will immediately cease

We may delete your Customer Content, including voice agent configurations, call recordings, and transcripts, unless we are required to retain it by law

You will remain liable for all fees and charges incurred prior to termination

Provisions that by their nature should survive termination (including payment obligations, intellectual property rights, disclaimers, and limitations of liability) will continue to apply

We will make reasonable efforts to provide you with an opportunity to export your data prior to deletion, subject to technical feasibility and applicable law.

9. Disclaimers and Warranties

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

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, secure, or free from viruses or harmful components

Warranties regarding the accuracy, reliability, or completeness of AI-generated content, transcripts, or voice responses

Warranties that the Services will meet your specific requirements or business needs

9.1 AI-Specific Disclaimers

Important Limitations of AI Technology:

Accuracy: AI-generated voice responses and transcripts may contain errors, inaccuracies, or hallucinations. You are responsible for reviewing and validating all AI outputs before relying on them for business decisions.

No Guarantees: We do not guarantee that voice agents will perform as expected in all situations or understand all user inputs correctly.

Unpredictable Behavior: AI models may occasionally produce unexpected, inappropriate, or unintended outputs. You are responsible for monitoring voice agent behavior and implementing safeguards.

Language and Context Limitations: Voice agents may have difficulty with accents, dialects, background noise, or complex conversational contexts.

Third-Party Dependencies: Our Services rely on third-party AI providers (e.g., OpenAI, STT/TTS services). We are not responsible for the performance, availability, or accuracy of these third-party services.

9.2 No Professional Advice

The Services are not intended to provide legal, medical, financial, or other professional advice. Any information or content generated by voice agents should not be relied upon as a substitute for professional consultation. You are solely responsible for any decisions made based on AI-generated content.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SPINABOT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

This includes, without limitation, damages for:

Loss of profits, revenue, business opportunities, or data

Business interruption or loss of use

Errors or inaccuracies in AI-generated content

Third-party claims arising from voice agent conversations

Unauthorized access to or alteration of your data

Statements or conduct of any third party using the Services

Any other matter relating to the Services

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.

11. Indemnification

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

Your use or misuse of the Services

Your violation of these Terms

Your violation of any applicable laws, regulations, or third-party rights

Your Customer Content or voice agent configurations

Claims by End-Users arising from their interactions with your voice agents

Unauthorized use of your account resulting from your failure to maintain security

Your violation of recording consent laws or TCPA regulations

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

12. Data Protection and Privacy

Our collection, use, and processing of personal information is governed by our Privacy Policy. By using the Services, you consent to such collection, use, and processing as described in the Privacy Policy.

If you process personal data of End-Users through the Services, you acknowledge that you are the data controller and we are the data processor. You are responsible for:

Ensuring you have a lawful basis for processing personal data

Providing appropriate privacy notices to End-Users

Obtaining necessary consents (including consent for call recording)

Complying with all applicable privacy and data protection laws (GDPR, CCPA, etc.)

Responding to End-User privacy rights requests

We will process personal data only in accordance with your instructions and applicable law. You agree to indemnify us for any claims arising from your failure to comply with privacy laws.

13. Compliance with Laws

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

Telephone Consumer Protection Act (TCPA): Obtaining prior express written consent for automated calls or texts where required

Telemarketing Sales Rule (TSR): Compliance with Do Not Call registries and telemarketing restrictions

State Recording Laws: Obtaining consent before recording calls in states requiring two-party or all-party consent

Data Privacy Laws: GDPR, CCPA/CPRA, and other applicable privacy regulations

Anti-Spam Laws: CAN-SPAM Act and similar laws

AI Regulations: Compliance with emerging AI-specific regulations, including disclosure requirements

We reserve the right to suspend or terminate your account if we believe you are using the Services in violation of applicable laws.

14. Third-Party Services and Integrations

The Services may integrate with or rely on third-party services, including:

AI providers (OpenAI, etc.)

Telephony providers (Twilio, LiveKit, etc.)

Speech technology providers (STT/TTS services)

CRM, calendar, and payment systems

Analytics and monitoring tools

We are not responsible for the availability, performance, accuracy, or policies of third-party services. Your use of third-party integrations may be subject to separate terms and conditions imposed by those providers. We do not endorse or guarantee any third-party services.

15. Export Controls

The Services may be subject to export control and economic sanctions laws. You agree not to use the Services in any manner that violates such laws, including exporting or re-exporting software or technology to prohibited countries, entities, or individuals.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of laws principles.

16.2 Arbitration Agreement

Except for disputes that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

The arbitration shall be conducted in New York, New York, or remotely via videoconference. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver

You and Spinabot agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16.4 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or confidential information.

16.5 Jurisdiction and Venue

To the extent arbitration does not apply, you agree that any legal action arising out of or related to these Terms or the Services shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

17. Miscellaneous Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Spinabot regarding the Services and supersede all prior agreements, understandings, and representations.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

17.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, labor disputes, or disruptions to third-party services.

17.6 No Agency

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Spinabot. You have no authority to bind us or make representations on our behalf.

17.7 Notices

We may provide notices to you via email, through your account dashboard, or by posting on our website. Notices to us should be sent to the contact information provided below. Notices are effective upon sending (for email) or posting (for dashboard/website notices).

17.8 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

Update the "Last Updated" date at the top of these Terms

Notify you via email or through a prominent notice on our platform

Provide you with an opportunity to review the changes before they become effective

Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services and may cancel your account.

19. Contact Information

If you have any questions, concerns, or disputes regarding these Terms or the Services, please contact us:

Email: support@spinabot.comLegal Inquiries: legal@spinabot.comWebsite: www.spinabot.comMailing Address: [4207 Hana Rd, Edison, NJ, 08817]

These Terms of Service were last updated on [February 13th, 2026] and are effective as of that date.

Acknowledgment: By using Spinabot, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.