Terms of Service

1. Agreement and acceptance

These Terms of Service ("Terms") are a binding agreement between you and Customer2.AI ("Customer2.AI", "we", "us", or "our") and govern your access to and use of the Customer2.AI websites, applications, APIs, and services (collectively, the "Service"). By creating an account, clicking to accept, or using the Service, you agree to these Terms and to our Privacy Policy, SMS Policy, and Email Policy, each incorporated by reference. If you do not agree, do not use the Service.

2. Eligibility and authority

You must be at least 18 years old and able to form a binding contract. If you use the Service on behalf of a business or other entity, you represent that you are authorized to bind that entity to these Terms, and "you" refers to that entity.

3. Definitions

"Customer" means the account holder. "End User" means a person who interacts with the AI agents you configure (for example, a visitor to your website chat, or a caller). "Customer Data" means data you or your End Users submit to, or that is generated through, your use of the Service, including conversation content, contact details, and knowledge you upload. "AI Output" means content generated by the Service's AI features.

4. The Service

Customer2.AI provides an AI-powered customer-engagement platform that lets Customers configure and deploy AI agents across channels including web chat, voice/telephone, email, and SMS, together with related tooling such as knowledge management, analytics, billing, and team and reseller dashboards. Features, channels, and limits depend on your plan and may change over time as described in Section 17.

5. Accounts and security

You are responsible for all activity under your account, for maintaining the confidentiality of your credentials, and for the acts and omissions of your users, sub-accounts, and End Users. Provide accurate information and keep it current. Notify us promptly of any unauthorized use. We may rely on instructions from anyone who authenticates to your account.

6. Subscriptions, fees, and billing

Paid plans are billed in advance on a recurring basis and renew automatically for successive periods until cancelled. You authorize us and our payment processor to charge your payment method for all fees, including recurring charges, usage-based charges (such as messaging, telephony, or AI usage), and applicable taxes. Fees are exclusive of taxes, which are your responsibility. Except where required by law or expressly stated, fees are non-refundable and amounts paid are not refundable on cancellation or downgrade. You may cancel renewal at any time in your account; cancellation takes effect at the end of the current billing period. If a charge fails or is past due, we may suspend the Service. We may change pricing on prospective renewal with notice.

7. Trials, credits, and beta features

We may offer free trials, promotional credits, or beta/early-access features. Trials and beta features are provided "as is," may be modified or discontinued at any time, and may be subject to additional terms. Unless stated otherwise, a trial converts to a paid subscription unless cancelled before it ends.

8. Acceptable use

You agree not to, and not to permit anyone to:

(a) use the Service in violation of applicable law or third-party rights; (b) send unlawful, deceptive, harassing, or unsolicited communications, or use the Service for spam; (c) infringe intellectual property or privacy rights; (d) upload malware or attempt to gain unauthorized access to, disrupt, or reverse engineer the Service; (e) use the Service to make automated decisions with legal or similarly significant effects without appropriate human review; (f) resell or provide the Service to third parties except through a reseller/white-label arrangement we expressly authorize; or (g) exceed plan limits or circumvent usage controls. We may investigate and take action, including suspension, for suspected violations.

9. Messaging and communications compliance

If you use the Service to send SMS, email, or place or receive calls, you are the sender/initiator of those communications and are solely responsible for complying with all applicable laws and carrier and provider requirements, including the TCPA, CAN-SPAM, TCR/A2P 10DLC registration, CTIA guidelines, and equivalent rules. You must obtain and maintain all legally required consents from End Users before messaging them, honor opt-out requests (including STOP and unsubscribe), and provide accurate sender identification. Our SMS Policy and Email Policy apply. We may throttle, suspend, or block traffic that we reasonably believe is non-compliant.

10. AI features and limitations

The Service uses artificial intelligence to generate responses and take actions you configure. AI Output may be inaccurate, incomplete, or unsuitable for a particular purpose, and may not reflect the views of Customer2.AI. You are responsible for reviewing AI Output and for how your agents are configured and used. AI Output is not legal, financial, medical, or other professional advice. You should maintain appropriate human oversight, especially for consequential decisions. You are responsible for the prompts, instructions, knowledge, and rules you provide and for ensuring your use does not mislead End Users about their interacting with an automated system where disclosure is required.

11. Customer Data and content

As between the parties, you retain all rights in Customer Data. You grant us a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data as necessary to provide, secure, and improve the Service and as permitted by our Privacy Policy. You represent that you have all rights, permissions, and consents necessary to provide Customer Data and to have it processed through the Service, including any consents required from End Users. Where we process personal data on your behalf, we act as your processor/service provider as described in the Privacy Policy. You are responsible for maintaining your own backups of any Customer Data you need to retain.

12. Third-party services

The Service integrates with third-party services (for example, payment processing, telephony and messaging providers, email delivery, AI model providers, and cloud hosting). Your use of those services may be subject to their own terms, and we are not responsible for third-party services or for their acts or omissions. We may add, change, or remove integrations and sub-processors.

13. Intellectual property; feedback

The Service, including all software, models, content, and trademarks (excluding Customer Data), is owned by Customer2.AI or its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription, subject to these Terms. You retain no other rights. If you submit feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction.

14. Confidentiality

Each party may access the other's confidential information. The receiving party will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to those who need to know and are bound by similar obligations, or as required by law.

15. Warranties and disclaimers

THE SERVICE AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME MAY NOT APPLY TO YOU.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND INDEMNIFICATION OBLIGATIONS, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN.

17. Indemnification

You will defend, indemnify, and hold harmless Customer2.AI and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer Data; (b) your communications and your use of the Service, including messaging and calls and the consents required for them; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party right.

18. Modifications to the Service and these Terms

We may modify, suspend, or discontinue any part of the Service. We may also update these Terms; if we make material changes, we will provide notice (for example, by posting the updated Terms with a new "last updated" date or by notifying active Customers). Changes are effective when posted, and your continued use after that constitutes acceptance.

19. Term, suspension, and termination

These Terms apply while you use the Service. You may stop using the Service and cancel renewal at any time. We may suspend or terminate access immediately for non-payment, suspected violation of these Terms, risk to the Service or others, or as required by law. On termination, your right to use the Service ends and we may delete Customer Data after a reasonable period, subject to the Privacy Policy and applicable law. Sections that by their nature should survive (including fees owed, IP, confidentiality, disclaimers, limitation of liability, indemnification, and governing law) survive termination.

20. Governing law and disputes

These Terms are governed by the laws of the United States and the State of Arizona, without regard to conflict-of-laws rules. The parties will attempt in good faith to resolve any dispute informally first. To the extent permitted by law, the exclusive venue for any dispute is the state and federal courts located in Maricopa County, Arizona (the Phoenix/Scottsdale area), and each party consents to the personal jurisdiction of those courts. Any claim must be brought within one (1) year after it arises.

21. General

These Terms (with the policies they incorporate) are the entire agreement between you and Customer2.AI and supersede prior agreements on the subject. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. Notices to you may be sent to your account email; notices to us must be sent as described below.

22. Contact

Customer2.AI — questions about these Terms may be sent through our contact page. Mailing address: 9414 E. San Salvador Dr., Suite 250, Scottsdale, AZ 85258.