Terms of Service

1.About these terms

By creating an account or using the Services, you agree to these terms. If you use the Services on behalf of a business, you confirm that you are authorised to accept these terms for that business, and "you" means that business.

TunedChat is provided for business use only. You must be at least 18 years old to create an account. If you do not agree to these terms, please do not use the Services.

2.The Services

TunedChat lets businesses create AI assistants that answer inbound phone calls. The Services include voice assistants, phone numbers, call recording and transcription, knowledge base training and call analytics.

We are continually improving TunedChat, so features may be added, changed or removed over time. If we remove a feature that is central to your paid plan, we will give you reasonable notice.

3.Your account

You must give us accurate information and keep it up to date. You are responsible for keeping your login details secure and for all activity under your account. Please tell us straight away if you suspect unauthorised access.

4.Fees and payment

• Subscriptions are billed monthly in advance and renew automatically until cancelled.
• Usage beyond your plan's included minutes is billed at the end of each billing period.
• Prices exclude VAT and other applicable taxes, which will be added where required.
• Fees already paid are non-refundable, except where we terminate for convenience (see section 12) or where the law requires a refund.
• We will give you at least 30 days' notice of any price change before it applies to you.

If a payment is more than 7 days overdue, we may suspend the Services until it is paid. Your assistants will stop answering calls while the account is suspended.

5.Acceptable use

You must not use the Services to:

• Make unsolicited, automated or marketing calls.
• Commit fraud or mislead callers, including by impersonating another person or business.
• Harass, threaten or abuse anyone.
• Collect sensitive information, such as health or payment card details, without a lawful basis and suitable safeguards.
• Promote or carry out any unlawful activity.
• Break any applicable law, including telecommunications, consumer protection, privacy and data protection laws.
• Interfere with or disrupt the Services, try to gain unauthorised access to them, or reverse engineer them.

If you break these rules, we may suspend or close your account. Where possible, we will contact you first and give you a chance to fix the problem.

6.Calls, recordings and caller data

Calls handled by your assistant are recorded and transcribed. Assistants are designed to tell callers that the call may be recorded. However, you are responsible for making sure your use of the Services complies with the laws that apply to you and your callers. This includes:

• Telling callers that they are speaking with an AI assistant and that the call is recorded.
• Getting any consent the law requires, including where all parties must consent to recording.
• Having a lawful basis to collect and use your callers' personal information.

You are the controller of your callers' personal information, and we process it on your behalf as your processor. Our Privacy Policy explains how we handle personal information. A data processing agreement is available on request.

7.AI-generated responses

Your assistant answers callers using the information and instructions you provide. AI can make mistakes, so its answers may sometimes be inaccurate or incomplete. You are responsible for:

• Keeping your knowledge base and instructions accurate and up to date.
• Reviewing calls and correcting your assistant where needed.
• Not relying on your assistant to give professional advice, such as legal, medical or financial advice, or to handle emergencies.

8.Phone numbers

Phone numbers are provided through our telecommunications partners and made available to you while your subscription is active. They may only be used with the Services and are subject to carrier rules. Numbers may be released if your account is closed or suspended for more than 30 days. If you want to transfer a number to another provider, contact us and we will help where the carrier allows it.

9.Your content and our intellectual property

You keep ownership of the content you provide, including your website content, knowledge base, instructions and call data ("Your Content"). You give us permission to host, copy, process and use Your Content only as needed to provide, secure and improve the Services. You confirm you have the rights to provide Your Content and that it does not infringe anyone else's rights.

We own TunedChat, including its software, design and branding. These terms do not give you any rights in them other than the right to use the Services as allowed by these terms. If you send us feedback, we may use it without any obligation to you.

10.Third-party services

The Services rely on third-party providers, including telecommunications carriers, AI providers and cloud infrastructure. We choose these providers carefully. However, we are not responsible for their acts or failures, or for any changes to their services, that are outside our reasonable control.

11.Availability

We work to keep TunedChat running reliably, but we cannot promise it will be uninterrupted or error-free. Calls may sometimes be missed or dropped because of maintenance, network problems or third-party outages. Where possible, we will give advance notice of planned maintenance.

12.Cancellation and termination

You can cancel your subscription at any time from your account. Cancellation takes effect at the end of your current billing period, and you will not be charged again.

We may end these terms for any reason by giving you 30 days' notice. If we do, we will refund any fees you have prepaid for the period after termination. We may suspend or close your account immediately if you seriously or repeatedly breach these terms, fail to pay, or if your use puts the Services, other users or the public at risk.

When your account closes:

• Your access to the Services ends and your assistants stop answering calls.
• Your phone numbers may be released.
• Your data is deleted within 30 days, except where we need to keep it to meet a legal obligation. Please export anything you need before closing your account.
• Any unpaid fees remain due.

13.Disclaimers

Except as expressly stated in these terms, the Services are provided "as is" and "as available". To the extent permitted by law, we exclude all implied warranties, conditions and terms, including those about satisfactory quality, fitness for a particular purpose and non-infringement.

14.Limitation of liability

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

Subject to that, Aimero Ltd will not be liable for:

• Loss of profits, revenue, business, contracts, goodwill or anticipated savings.
• Loss or corruption of data.
• Missed calls, missed bookings or lost opportunities.
• Losses caused by AI-generated responses or by how callers or third parties act on them.
• Any indirect or consequential loss.

Our total liability arising out of or in connection with these terms or the Services, whether in contract, tort (including negligence) or otherwise, is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

15.Indemnity

You agree to compensate Aimero Ltd and its officers, employees and agents for any claims, losses, damages and reasonable costs, including legal fees, that arise from:

• Your breach of these terms or of any applicable law.
• Your Content.
• Calls handled for your business, including claims by your callers.
• Your failure to give callers required notices or to obtain any consent the law requires.

16.Changes to these terms

We may update these terms from time to time. If a change is significant, we will give you at least 14 days' notice by email or in the app. If you continue to use the Services after the change takes effect, you accept the updated terms. If you do not agree, you can cancel before then.

17.General

• Entire agreement. These terms and our Privacy Policy are the entire agreement between you and us about the Services.
• Events outside our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as carrier or network outages, disruption to third-party services, or natural disasters.
• Transfer. You may not transfer your rights under these terms without our written consent. We may transfer ours as part of a reorganisation, merger or sale of our business.
• Severability. If any part of these terms is found to be unenforceable, the rest will continue to apply.
• No waiver. If we do not enforce a right straight away, we can still enforce it later.
• Governing law. These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising from them.

18.Contact us

If you have any questions about these terms, email us at aimeromailbox@gmail.com.