Terms of Service

Agreement

These Terms of Service govern your access to and use of MERCENAI websites, dashboards, AI phone agents, demo calls, subscriptions, and related services. By using MERCENAI, creating an account, requesting a demo, or purchasing a plan, you agree to these Terms.

If you use MERCENAI for a business, you represent that you have authority to bind that business to these Terms.

Eligibility

You must be at least 18 years old and legally able to enter into a binding agreement to use MERCENAI. You may not use MERCENAI if doing so would violate applicable law.

Services

MERCENAI provides AI phone agents for inbound calls, speed-to-lead, follow-up, outbound calling, appointment booking, call summaries, call history, CRM-style workflows, and related business tools.

Features may change over time as we improve the platform. We may add, remove, suspend, or modify features when needed for security, reliability, legal compliance, or product improvement.

Accounts and security

You are responsible for your account, login credentials, users, business data, call instructions, leads, and activity under your account. You agree to provide accurate information and keep it current.

You must notify us promptly if you believe your account has been accessed without permission.

Plans, billing, and extra minutes

Paid plans are billed according to the pricing shown at checkout or in a written agreement. Plans include a set number of voice minutes. If you use more than the included minutes, extra minutes may be charged at the rate shown for your plan.

The free plan starts with 10 included minutes. Once those minutes are used, you must upgrade to continue using paid call features.

Cancellations and refunds

You may cancel a subscription through the dashboard or by contacting us. Unless required by law or stated in a written agreement, subscription payments, setup fees, usage charges, extra minutes, and completed services are non-refundable.

Canceling prevents future renewals but does not automatically refund past charges.

Customer responsibilities for calls

You are responsible for the legality of your calls, campaigns, scripts, lead sources, consent records, call times, disclosures, opt-outs, and recordings. This includes compliance with laws that may apply to phone calls, telemarketing, AI voice use, call recording, privacy, consumer protection, healthcare, financial services, and industry-specific data.

For outbound or cold calling, you must have the required permission or legal basis to contact each person, honor do-not-call requests, keep consent records where required, and avoid spam, fraud, harassment, or deceptive practices.

AI voice disclosure and call recording

Some laws may require disclosure that a caller is speaking with an AI system or that a call is being recorded. You are responsible for setting the correct disclosures and obtaining any required consent before using MERCENAI for calls.

Acceptable use

• Do not use MERCENAI for unlawful, abusive, deceptive, harassing, fraudulent, or spam activity.
• Do not upload data you do not have rights to use.
• Do not impersonate people or businesses in a misleading way.
• Do not use voices, recordings, scripts, or content that violate someone else's rights.
• Do not interfere with the platform, attempt to bypass security, scrape the service, reverse engineer the software, or overload the system.
• Do not use MERCENAI for emergency services, life-safety decisions, or situations where failure could cause physical harm.

Business data and permissions

You retain ownership of the business data, lead data, customer data, and call instructions you provide. You grant MERCENAI the rights needed to host, process, transmit, display, and use that data to provide and improve the services.

You represent that you have all rights and permissions needed to provide data to MERCENAI.

AI outputs

AI systems can make mistakes. You are responsible for reviewing, testing, monitoring, and setting rules for your agents. MERCENAI does not guarantee specific business results, revenue, appointments, conversion rates, or error-free calls.

Intellectual property

MERCENAI owns or licenses the website, platform, software, designs, workflows, brand, and related intellectual property. You may not copy, resell, reverse engineer, or create competing services from MERCENAI without written permission.

If you provide feedback, suggestions, or ideas, you allow MERCENAI to use them without restriction or compensation.

Third-party services

MERCENAI may rely on third-party providers for payments, telephony, hosting, analytics, AI infrastructure, email, calendar connections, and other features. We are not responsible for outages, changes, fees, or issues caused by third-party services.

Suspension and termination

We may suspend or terminate access if you violate these Terms, create legal or security risk, fail to pay amounts due, abuse the platform, or use MERCENAI in a way that harms us, users, callers, or third parties.

Disclaimers

MERCENAI is provided on an as-is and as-available basis. To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, and error-free service.

Limitation of liability

To the fullest extent permitted by law, MERCENAI will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost revenue, lost data, loss of goodwill, or business interruption. Our total liability for any claim is limited to the amount you paid to MERCENAI in the three months before the claim arose, or $100 if you paid nothing.

Indemnification

You agree to defend, indemnify, and hold MERCENAI harmless from claims, damages, liabilities, costs, and expenses arising from your use of the services, your data, your calls, your campaigns, your violation of law, or your breach of these Terms.

Changes

We may update these Terms from time to time. Continued use of MERCENAI after an update means you accept the updated Terms.

Contact

Questions about these Terms can be sent to georgetasan8@gmail.com.