Terms of Service

1. Agreement to Terms

By accessing or using ZyxAI ("Service", "Platform", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you (either an individual or entity) and ZyxAI. We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Description of Service

ZyxAI provides an AI-powered voice agent platform that enables businesses to automate phone calls, manage contacts, create campaigns, and integrate with CRM systems. The Service includes:

• AI voice calling capabilities via VAPI integration
• Contact and lead management tools
• Campaign creation and automation
• CRM synchronization (HubSpot and others)
• Call transcription and analytics
• Team collaboration features

3. Account Registration

To use the Service, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information is accurate and up-to-date

You must be at least 18 years old to create an account. If you are creating an account on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. Acceptable Use

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

• Violate any applicable laws, including TCPA, CAN-SPAM, and telemarketing regulations
• Make calls to numbers on Do Not Call (DNC) registries without proper consent
• Use the Service for spam, harassment, or fraudulent activities
• Attempt to gain unauthorized access to our systems or other user accounts
• Interfere with or disrupt the Service or servers
• Use automated systems to access the Service except through our provided APIs
• Resell or redistribute the Service without our written permission
• Remove, obscure, or alter any legal notices displayed in the Service

5. Compliance with Calling Regulations

You are solely responsible for compliance with all applicable laws and regulations regarding phone calls, including:

• TCPA (Telephone Consumer Protection Act): You must obtain proper consent before making automated calls
• TSR (Telemarketing Sales Rule): You must honor Do Not Call registries
• State and International Laws: You must comply with all applicable state and international calling regulations
• Time Restrictions: You must respect calling hour restrictions in recipient time zones
• Caller ID: You must use accurate caller identification information

Violation of these regulations may result in immediate suspension or termination of your account. You agree to indemnify and hold us harmless from any claims arising from your failure to comply with these regulations.

6. Subscription and Fees

The Service is provided on a subscription basis. By subscribing, you agree to:

• Pay all fees associated with your selected plan
• Provide accurate billing information
• Allow us to charge your payment method automatically for recurring fees
• Pay any additional usage fees for calls, API requests, or other usage-based charges

We reserve the right to change our pricing with 30 days' notice. If you do not agree to price changes, you may cancel your subscription. No refunds will be provided for partial subscription periods.

7. Data and Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.

You retain ownership of all data you upload or create using the Service. You grant us a limited license to use your data solely for the purpose of providing the Service to you.

8. Intellectual Property

The Service and its original content, features, and functionality are owned by ZyxAI and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software.

9. Third-Party Services

The Service integrates with third-party services including VAPI, HubSpot, Stripe, and others. Your use of these integrated services is subject to their respective terms and conditions. We are not responsible for the availability, functionality, or actions of third-party services.

10. Service Availability and Support

While we strive for 99.9% uptime, we do not guarantee that the Service will be available at all times. We may perform maintenance, updates, or modifications that temporarily interrupt service availability.

Support is provided based on your subscription tier. We will make reasonable efforts to respond to support requests within the timeframes specified in your service level agreement.

11. Termination

You may cancel your subscription at any time from your account settings. Upon cancellation, you will retain access to the Service through the end of your current billing period.

We reserve the right to suspend or terminate your account immediately if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Fail to pay fees when due
• Abuse the Service or our support team

Upon termination, you will lose access to your account and data. We may, but are not obligated to, provide a data export for a limited time after termination.

12. Disclaimers and Limitations of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZYXAI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless ZyxAI and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the Service or violation of these Terms.

14. Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Association], except that either party may seek injunctive relief in a court of competent jurisdiction.

15. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and ZyxAI
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• Waiver: Failure to enforce any right or provision does not constitute a waiver
• Assignment: You may not assign these Terms without our written consent
• Force Majeure: We are not liable for delays or failures due to circumstances beyond our control

16. Contact Information

If you have questions about these Terms, please contact us at: