Terms of Service

These Terms govern your use of ServiceAgent products and services, including platform access, acceptable use, account responsibilities, billing, and communications.

Messaging Program Terms

By providing your phone number and opting into SMS or RCS messaging, you agree to receive communications from ServiceAgent related to:

• Account notifications
• Trial onboarding
• Customer support
• Product updates
• Appointment or reminder notifications
• Promotional and marketing communications

Message frequency varies.

Message and data rates may apply.

You may opt out at any time by replying STOP to any message.

For help, reply HELP or contact support@serviceagent.ai.

Consent to receive SMS or RCS messages is not a condition of purchase or use of the ServiceAgent platform.

Users are responsible for maintaining accurate account information and complying with all applicable laws while using the platform.

These Terms of Service (these “Terms”) form a binding agreement between you, or the entity you represent (“Customer”, “you” or “your”), and SaaS Labs US, Inc., a Delaware corporation with its principal office at 355 Bryant Street, #403, San Francisco, CA 94107, United States of America (“ServiceAgent”, “we”, “our” or “us”). These Terms, together with any applicable order form, statement of work, plan, schedule, exhibit, or written addendum incorporated by reference (collectively, the “Agreement”), set out the terms on which you may access and use the ServiceAgent website at serviceagent.ai, the ServiceAgent platform, our mobile and web applications, our APIs, and any related products and services we make available (collectively, the “Services”).

By clicking “I agree”, “Sign up”, “Accept”, or a similar button, by signing an order form referencing these Terms, or by accessing or using the Services, you (a) acknowledge that you have read, understood, and agree to be bound by these Terms; (b) represent that you are at least eighteen (18) years old; and (c) if you are entering into these Terms on behalf of a company or other legal entity, represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you must not access or use the Services.

These Terms contain provisions that limit our liability, disclaim warranties, govern electronic signatures, and require disputes to be resolved on an individual basis in Delaware. Please read them carefully.

1. Definitions

• “Administrator” means an individual designated by Customer with elevated permissions to configure the ServiceAgent account, manage Authorized Users, and control account settings.
• “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means ownership of more than fifty percent (50%) of the voting interests of that entity.
• “AI Features” means features of the Services that are powered by, or interoperate with, artificial intelligence, machine learning, large language models, voice synthesis, automatic speech recognition, or similar technologies, including AI voice and SMS agents, AI receptionist, AI billing, AI marketing, and AI data-analyst features.
• “Applicable Law” means all laws, statutes, regulations, rules, ordinances, treaties, and court or administrative orders applicable to a party, the Services, or the use of the Services, including the Telephone Consumer Protection Act, the CAN-SPAM Act, state wiretap and call-recording laws, the FTC Act, the EU General Data Protection Regulation, the UK GDPR, the California Consumer Privacy Act as amended by the California Privacy Rights Act, and equivalent legislation in other jurisdictions.
• “Authorized User” means each employee, contractor, or agent of Customer who has been provisioned access to the Services by Customer or its Administrators.
• “Customer Data” means any data, content, or materials that Customer or its Authorized Users upload to, transmit through, or generate within the Services, including call recordings, transcripts, contact records, messages, calendars, invoices, and prompts provided to AI Features. Customer Data excludes Usage Data and Service-derived data.
• “End User” means any third party (including Customer’s customers, leads, prospects, and end recipients of calls, messages, or other communications) that interacts with the Services through Customer’s use of them.
• “Order Form” means any ordering document, online checkout page, or written agreement executed or accepted by Customer that references these Terms.
• “Plan” means the subscription tier, feature bundle, or usage-based pricing model selected by Customer through an Order Form or the Services.
• “Usage Data” means data about Customer’s and Authorized Users’ access to and use of the Services, including configuration metadata, log files, performance metrics, and aggregate or de-identified statistics derived from operating the Services.

2. The Services

ServiceAgent provides an AI-powered customer-engagement and operations platform for service businesses, which may include, depending on the Plan: AI voice agents that answer, route, transcribe, and summarize calls; AI SMS, WhatsApp, email, and live-chat agents; appointment scheduling; a unified CRM and inbox; billing and invoicing tools; AI marketing automations; and integrations with third-party platforms. A current description of the Services is available on the Services site. ServiceAgent may, in its reasonable discretion, modify, add to, or discontinue features of the Services from time to time, provided that no such change will materially reduce the core functionality of a Plan during a paid Term.

No emergency services. The Services are not a substitute for a primary telephone line and are not designed to support calls to 911, 988, or any other emergency or relay service. Customer must ensure that End Users have access to an alternate means of contacting emergency services and must not represent the Services as such.

3. Account Registration and Authorized Users

To use the Services, Customer must create an account and provide accurate, current, and complete information. Customer is responsible for (a) all activity occurring under its account; (b) maintaining the confidentiality of login credentials, API keys, and access tokens; and (c) promptly notifying ServiceAgent at security@serviceagent.ai of any suspected unauthorized access. Customer is responsible for compliance by its Administrators and Authorized Users with these Terms and Applicable Law, and Customer’s acts and omissions include those of its Administrators and Authorized Users.

4. Customer Responsibilities and Consents

Customer’s use of the Services involves the placement and recording of calls and the sending of text messages, emails, and other communications to End Users. Customer is solely responsible for obtaining and maintaining all consents, providing all notices, and complying with all opt-out, do-not-call, and do-not-contact requirements required under Applicable Law in each jurisdiction where Customer or any End User is located, including:

• Call recording. Customer must comply with all federal and state single-party and two-party (all-party) call-recording laws and provide any required notice to call participants before recording, transcribing, or analyzing a call.
• Telemarketing and SMS. Customer must comply with the TCPA, the CAN-SPAM Act, FCC and CTIA messaging principles, applicable A2P 10DLC registration requirements, and equivalent foreign laws. Customer must obtain prior express written consent before initiating telemarketing calls or marketing SMS to End Users and must honor opt-out, STOP, and unsubscribe requests.
• AI disclosure. Customer must disclose the use of AI Features to End Users where Applicable Law requires (including California Bus. & Prof. Code § 17941 and the EU AI Act’s transparency obligations), must not use AI Features to impersonate a real person without authorization, and must not mislead End Users into believing that content generated by AI Features is from a human.
• Privacy notices. Customer must maintain and publish a privacy notice that fairly describes how Customer collects, uses, and discloses End-User personal data processed through the Services and that identifies ServiceAgent as a service provider/processor where required.
• Sensitive data. Customer must not submit through the Services any government-issued identification numbers, payment card data outside our designated payment fields, protected health information (unless a written business-associate agreement is in place with ServiceAgent), or other categories of special or sensitive data prohibited by Applicable Law or by ServiceAgent’s published documentation.

5. Acceptable Use Policy

Customer and its Authorized Users must not, and must not permit any third party to:

1. violate Applicable Law or any third-party right, including intellectual property, publicity, or privacy rights;
2. transmit content or communications that are unlawful, harassing, defamatory, fraudulent, obscene, hateful, or that contain malware, viruses, or harmful code;
3. engage in spamming, phishing, pharming, or otherwise send unsolicited or unauthorized marketing, advertising, or promotional communications;
4. conduct robocalling, bulk auto-dialing, predictive-dialing, or high-volume messaging campaigns in violation of the TCPA, A2P 10DLC requirements, the CAN-SPAM Act, or equivalent foreign laws;
5. use the Services for high-risk financial services (including payday or short-term loans, debt collection, debt consolidation, or credit-repair programs), gambling, cannabis or CBD sales, firearms or explosives, illicit prescription drugs, adult content, or other categories restricted by carriers, app stores, or third-party providers from time to time;
6. impersonate any person or entity, misrepresent affiliation, or send communications that falsely appear to originate from ServiceAgent;
7. reverse engineer, decompile, disassemble, or attempt to derive source code from the Services or any AI model used by the Services, or build a competing product using the Services;
8. access the Services to develop, train, or improve any machine-learning model that competes with ServiceAgent or its sub-processors;
9. circumvent, disable, or interfere with security features, rate limits, usage limits, or access controls of the Services;
10. scrape, crawl, or use any robot, spider, or automated means to access the Services (other than through documented APIs and within the scope of Customer’s Plan);
11. resell, sublicense, rent, lease, time-share, or otherwise make the Services available to a third party except as expressly permitted in an Order Form;
12. remove, obscure, or alter any proprietary notices, trademarks, or attributions in the Services.

We may investigate suspected violations of these Terms or Applicable Law and may, at our discretion, suspend or terminate access, remove offending content, throttle or block sending, and cooperate with law-enforcement authorities. We may pre-screen, refuse, or remove any communication that we reasonably believe violates these Terms.

6. AI Features

Some Services include AI Features that rely on third-party AI providers and on our own proprietary technology (collectively, “AI Providers”). Customer’s use of AI Features is subject to the AI Providers’ applicable terms and usage policies, which are incorporated into this Agreement to the extent they apply.

• Inputs and Outputs. “Inputs” are prompts, instructions, documents, audio, and other content that Customer or its Authorized Users submit to AI Features. “Outputs” are the responses or other content generated by AI Features in response to Inputs. As between the parties, and to the extent permitted by AI-Provider terms and Applicable Law, Customer owns its Inputs and Outputs, subject to the licenses granted to us under this Agreement.
• Accuracy. AI Features may produce content that is inaccurate, biased, incomplete, or otherwise unsuitable. Customer is responsible for reviewing Outputs before relying on them and must not present Outputs as professional, medical, legal, tax, financial, or other regulated advice.
• Similar outputs. AI Features may generate the same or similar Outputs for different customers; Customer does not have any exclusivity in Outputs that are not uniquely tied to Customer’s Inputs.
• Model training. Unless explicitly opted in by Customer in writing or through a documented setting, we will not use Customer’s Inputs or Outputs to train generally-available foundation models. We may use aggregated, de-identified Usage Data and metadata to monitor, secure, debug, and improve the Services.
• Prohibited uses. Customer must not use AI Features to generate content that violates Section 5 (Acceptable Use Policy) or any AI-Provider policy, including policies prohibiting CSAM, voice cloning of real persons without authorization, or other high-risk uses.

7. Customer Data and Licenses

As between the parties, Customer retains all right, title, and interest in and to Customer Data. Customer grants ServiceAgent and its sub-processors a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, and otherwise use Customer Data solely to (a) provide, secure, maintain, and improve the Services, (b) prevent or address service, technical, or security issues, (c) comply with Applicable Law, and (d) generate aggregated and de-identified analytics that do not identify Customer or any End User.

Customer represents and warrants that it has all rights, consents, and authorizations necessary to upload Customer Data to the Services and to grant the foregoing license.

8. Intellectual Property; License to the Services

Subject to Customer’s compliance with this Agreement, ServiceAgent grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the Term to access and use the Services solely for Customer’s internal business purposes. We and our licensors retain all right, title, and interest in and to the Services, our documentation, our trademarks, the underlying software and models, and all derivative works of, and improvements to, the foregoing. Except for the rights expressly granted in this Agreement, no rights are granted to Customer by implication, estoppel, or otherwise.

Feedback. If Customer provides feedback, suggestions, or ideas regarding the Services, Customer grants ServiceAgent a perpetual, irrevocable, worldwide, royalty-free license to use such feedback for any purpose without obligation or attribution.

Customer marks. Customer grants ServiceAgent a limited, revocable license to use Customer’s name, logo, and trademarks to identify Customer as a ServiceAgent customer on our website and marketing materials, in accordance with Customer’s brand guidelines if provided. Customer may opt out of this use by emailing legal@serviceagent.ai.

9. Third-Party Services and Integrations

The Services may interoperate with third-party products, integrations, telephony carriers, payment processors (including Stripe), app stores (Apple App Store and Google Play), analytics, CRM, calendar, and AI-Provider services (collectively, “Third-Party Services”). Customer’s use of any Third-Party Service is governed by that third party’s terms and policies. ServiceAgentis not responsible for, and does not endorse, the Third-Party Services and disclaims all liability arising from Customer’s use of them. Customer authorizes us to exchange Customer Data with Third-Party Services that Customer enables.

10. Fees, Billing, Trials, and Refunds

10.1 Fees

Customer agrees to pay all fees specified on its Plan or Order Form (“Fees”). Fees may include recurring subscription charges, usage charges (such as per-minute calling, per-segment messaging, AI-usage fees, telephone-number rentals, and porting fees), and one-time charges. Unless otherwise stated, Fees are quoted in U.S. dollars and are non-refundable except as expressly required by Applicable Law or this Agreement.

10.2 Free Trials and Betas

We may offer free trials, credits, or access to features designated as “beta”, “preview”, or “early access”. Trials and betas are provided “as is” and without any warranty, indemnity, or service commitment. We may modify or terminate trials and betas at any time. Our aggregate liability for trials and betas is capped at one hundred U.S. dollars (USD 100).

10.3 Payment

Customer authorizes ServiceAgent and its payment processors to charge the payment method on file for all Fees as they become due and to retry failed charges. Customer is responsible for keeping payment-method information accurate and current. Late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by Applicable Law, and Customer agrees to reimburse ServiceAgent for reasonable costs of collection.

10.4 Taxes

Fees are exclusive of taxes, levies, duties, or assessments, including value-added, sales, use, withholding, and similar taxes (“Taxes”), other than taxes based on ServiceAgent’s net income. Customer is responsible for all applicable Taxes.

10.5 Refunds

Except as expressly stated in this Agreement or required by Applicable Law, Fees are non-refundable. No refunds or credits will be issued for partial billing periods, unused usage credits, downgrades, or removed seats or numbers during a billing cycle.

11. Confidentiality

Each party (the “Receiving Party”) may receive non-public information of the other (the “Disclosing Party”) that is designated as confidential or that, given the nature of the information and the circumstances of disclosure, should reasonably be understood to be confidential (“Confidential Information”). The Receiving Party will use the Confidential Information only to exercise its rights and perform its obligations under this Agreement, will protect it with the same degree of care it uses to protect its own confidential information (and in no event less than reasonable care), and will not disclose it to any third party except to its employees, contractors, and advisors who have a need to know and who are bound by confidentiality obligations no less protective than those in this Section. Confidential Information does not include information that is or becomes publicly available without breach of this Agreement, was independently developed, was lawfully obtained from a third party, or was already known to the Receiving Party. The Receiving Party may disclose Confidential Information as required by Applicable Law, provided that, where legally permitted, the Receiving Party gives the Disclosing Party prompt notice and reasonable cooperation.

12. Security and Data Protection

ServiceAgent will implement and maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data. To the extent ServiceAgent processes personal data on Customer’s behalf as a “processor” or “service provider”, that processing is governed by a Data Processing Addendum (“DPA”), which is available on request from privacy@serviceagent.ai and is incorporated into this Agreement when executed by the parties. Our processing of personal data is also subject to our Privacy Policy.

13. Representations, Warranties, and Disclaimers

Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

Except as expressly provided in this Agreement, the Services, including AI Features, are provided “as is” and “as available”. To the maximum extent permitted by Applicable Law, ServiceAgent and its licensors disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising out of course of dealing or usage of trade. ServiceAgent does not warrant that the Services will be uninterrupted, error-free, secure, free of harmful components, or that any Outputs will be accurate, complete, current, or fit for any particular purpose.

14. Limitation of Liability

To the maximum extent permitted by Applicable Law, in no event will either party be liable to the other for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, business, goodwill, anticipated savings, or data, however caused and whether in contract, tort (including negligence), strict liability, or otherwise, even if the party has been advised of the possibility of such damages.

To the maximum extent permitted by Applicable Law, each party’s aggregate liability arising out of or relating to this Agreement will not exceed the total amount paid or payable by Customer to ServiceAgent for the Services in the twelve (12) months immediately preceding the event giving rise to the claim. The limitations in this Section do not apply to (a) Customer’s payment obligations, (b) either party’s indemnification obligations, (c) Customer’s breach of Section 5 (Acceptable Use Policy), (d) infringement or misappropriation of the other party’s intellectual property, or (e) any liability that cannot be excluded or limited under Applicable Law.

15. Indemnification

By Customer. Customer will defend, indemnify, and hold harmless ServiceAgent and its Affiliates, and their respective officers, directors, employees, and agents, from and against any third-party claim, action, or proceeding, and will pay any damages, fines, costs, and reasonable attorneys’ fees finally awarded against ServiceAgent or paid in settlement, arising out of or relating to (a) Customer Data; (b) Customer’s use of the Services in violation of this Agreement or Applicable Law; (c) Customer’s breach of Section 4 (Customer Responsibilities and Consents) or Section 5 (Acceptable Use Policy); or (d) any claim by an End User arising out of Customer’s communications, products, or services.

By ServiceAgent. Subject to the limitations in Section 14, ServiceAgent will defend Customer against any third-party claim alleging that Customer’s use of the Services in accordance with this Agreement infringes a valid U.S. patent, copyright, or trademark of the third party, and will pay damages finally awarded against Customer or paid in settlement of such claim. ServiceAgent’s obligations under this paragraph do not apply to claims arising from (i) Customer Data; (ii) modifications to the Services not made by ServiceAgent; (iii) combination of the Services with materials not supplied by ServiceAgent; (iv) use of the Services after notice to discontinue; (v) Outputs of AI Features; or (vi) trials, betas, or no-charge Services. If the Services are or, in ServiceAgent’s opinion, are likely to become the subject of an infringement claim, ServiceAgent may, at its option and expense, (1) procure the right for Customer to continue using the Services, (2) modify the Services to be non-infringing, or (3) terminate the affected portion of the Services and refund any pre-paid, unused Fees for the terminated portion.

Process. The party seeking indemnification must (a) promptly notify the indemnifying party of the claim, (b) give the indemnifying party sole control of the defense and settlement (provided that any settlement releasing the indemnified party from liability requires no admission of fault by the indemnified party), and (c) provide reasonable cooperation at the indemnifying party’s expense.

This Section sets forth the parties’ sole and exclusive remedy and ServiceAgent’s entire liability for third-party infringement claims.

16. Term and Termination

This Agreement begins on the date Customer first accepts these Terms or executes an Order Form (the “Effective Date”) and continues until terminated as provided here (the “Term”). Paid subscriptions automatically renew for successive periods equal to the then-current Term unless either party gives written notice of non-renewal at least thirty (30) days before the end of the current period.

Either party may terminate this Agreement for cause upon written notice if the other party materially breaches this Agreement and fails to cure the breach within thirty (30) days after written notice, or immediately upon notice if the other party becomes insolvent, makes an assignment for the benefit of creditors, or becomes the subject of bankruptcy or similar proceedings. ServiceAgent may suspend Customer’s access to the Services immediately upon notice if ServiceAgent reasonably believes that Customer’s use violates Applicable Law, threatens the security or integrity of the Services or End Users, or violates Section 5 (Acceptable Use Policy).

Upon termination or expiration: (a) Customer’s right to access and use the Services ends; (b) Customer remains responsible for all Fees accrued through the effective date of termination; and (c) each party will return or destroy the other party’s Confidential Information in its possession, subject to retention required by Applicable Law. Sections that by their nature should survive termination (including Sections 1, 4–5, 7–9, 11–15, 17–19, and 21) will survive.

17. Governing Law; Dispute Resolution

This Agreement and any disputes arising out of or relating to it or the Services are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The exclusive jurisdiction and venue for any action permitted under this Section will be the state and federal courts located in Delaware, and each party consents to the personal jurisdiction of those courts and waives any objection to inconvenient forum.

Class-action waiver. To the extent permitted by Applicable Law, each party waives any right to participate in a class action, collective action, or representative proceeding with respect to any dispute arising out of or relating to this Agreement or the Services.

Equitable relief. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

18. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services, Applicable Law, or business practices. If a change materially affects Customer’s rights, we will provide reasonable advance notice (for example, by email or via a notice on the Services). The updated Terms become effective on the date stated at the top of this page. Customer’s continued use of the Services after the effective date constitutes acceptance of the updated Terms.

19. Export Controls and Sanctions

Customer must comply with all U.S. and foreign export-control and sanctions laws. Customer represents that it is not (a) located in, or a national or resident of, a U.S.-embargoed country or territory; (b) listed on any U.S. government list of prohibited or restricted parties; or (c) otherwise prohibited from receiving the Services under Applicable Law. Customer will not access or use the Services in violation of any export-control or sanctions law.

20. General Provisions

20.1 Force Majeure

Neither party will be liable for any delay or failure to perform (other than payment obligations) due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, or epidemics.

20.2 Notices

Notices to ServiceAgent must be in writing and sent to legal@serviceagent.ai or to 355 Bryant Street, #403, San Francisco, CA 94107, United States of America. Notices to Customer may be sent to the email address associated with Customer’s account.

20.3 Assignment

Customer may not assign or transfer this Agreement, by operation of law or otherwise, without ServiceAgent’s prior written consent. ServiceAgent may assign this Agreement, in whole or in part, without consent. Any purported assignment in violation of this Section is void.

20.4 Independent Contractors

The parties are independent contractors. This Agreement does not create any partnership, agency, joint venture, employment, or fiduciary relationship.

20.5 No Third-Party Beneficiaries

This Agreement is for the sole benefit of the parties and their permitted successors and assigns.

20.6 Severability; Waiver

If any provision of this Agreement is held to be unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. No waiver is effective unless in writing and signed by the waiving party.

20.7 Entire Agreement

This Agreement, together with any Order Form, DPA, or other documents expressly incorporated by reference, constitutes the entire agreement between the parties regarding the Services and supersedes all prior or contemporaneous agreements, communications, and understandings, whether written or oral, regarding the subject matter.

20.8 U.S. Government End Users

The Services are “commercial items” and “commercial computer software” as defined in 48 C.F.R. § 2.101 and provided to U.S. government end users only as such items with only those rights granted to all other end users under this Agreement.

21. Contact

Questions about these Terms may be sent to:

SaaS Labs US, Inc.
Attn: Legal Department
355 Bryant Street, #403
San Francisco, CA 94107
United States of America
Email: legal@serviceagent.ai