Terms and Conditions

Arbol Artificial Intelligence, Inc.
A Delaware C Corporation

Version 2.0
Effective Date: January 3, 2026
Last Updated: January 3, 2026

IMPORTANT NOTICE

Please read these Terms carefully before using our Services.

These Terms of Service ("Terms") are a legal agreement between you and Arbol Artificial Intelligence, Inc. ("Company," "we," "us," or "our") that govern your use of our AI-powered voice communication platform.

BY USING OUR SERVICES, YOU AGREE TO THESE TERMS. If you don't agree, please don't use our Services.

IMPORTANT: These Terms include provisions for resolving disputes through arbitration instead of court (Section 18). You have 30 days to opt out if you prefer.

1. Definitions

Here are the key terms used in this agreement:

"Account" - Your registered account on our platform

"AI Employee" - An AI-powered virtual agent you create to handle voice calls

"Authorized Users" - People you allow to access your Account

"Customer Data" - All data you upload or create through the Services (contacts, recordings, transcripts, configurations)

"Services" - Our AI voice communication platform and related tools

"Subscription" - Your paid plan with associated features and limits

2. Services Overview

2.1 What We Provide

Arbol provides an AI-powered voice platform that lets you:

• Create and configure AI Employees for phone calls

• Manage contacts and customer information

• Run outbound calling campaigns

• Record and transcribe conversations

• Connect with third-party services (calendars, CRM, etc.)

• Access analytics and performance data

2.2 Service Changes

We may update, modify, or add features to the Services. We'll notify you of significant changes that affect how you use the platform.

2.3 Service Availability

We work hard to keep our Services running smoothly, but we can't guarantee 100% uptime. Services may be temporarily unavailable due to:

• Scheduled maintenance (we'll give you advance notice when possible)

• Emergency fixes

• Third-party service issues

• Events beyond our control

2.4 Beta Features

We may offer experimental or beta features. These are provided "as-is" and may change or be removed without notice.

3. Account Registration

3.1 Who Can Use Our Services

To create an account, you must:

• Be at least 18 years old

• Have the legal right to enter into this agreement

• If representing a company, have authority to bind that company

3.2 Your Account Information

You agree to:

• Provide accurate and complete information

• Keep your information up to date

• Keep your password secure and confidential

• Tell us immediately if someone accesses your account without permission

3.3 Account Responsibility

You are responsible for:

• Everything that happens under your Account

• All actions taken by your Authorized Users

• Ensuring everyone using your Account follows these Terms

3.4 Account Roles

• Administrator: Full access to all features, settings, billing, and user management

• Member: Access to operational features with limited access to organization settings and billing

4. Subscription and Billing

4.1 Subscription Plans

You need a paid Subscription to use our Services. Plans, pricing, and features are available on our website.

4.2 What You Pay

You agree to pay:

• Subscription Fees: Monthly or annual charges for your plan

• Usage Fees: Charges for calls, phone numbers, and other usage beyond your plan limits

• Overage Fees: Additional charges when you exceed plan allowances

All fees are in U.S. Dollars.

4.3 How Billing Works

• Fees are charged in advance (monthly or annually)

• Payment is due when invoiced

• We accept major credit cards and other payment methods we specify

• You authorize us to automatically charge your payment method

4.4 Taxes

Fees don't include taxes. You're responsible for all applicable taxes (sales tax, VAT, etc.), except taxes on our income.

4.5 Price Changes

We may change pricing with 30 days' advance notice. New prices take effect at your next billing cycle.

4.6 Late or Failed Payments

If payment fails:

• We may suspend your access after 7 days

• Overdue amounts may accrue interest at 1.5% per month (or maximum legal rate)

• You pay any collection costs

4.7 Refund Policy

• Subscription fees are generally non-refundable

• We may issue refunds at our discretion for service problems

• If you cancel mid-cycle, you keep access until the end of your paid period

4.8 Free Trials

If we offer a free trial:

• It's for new customers only

• Features may be limited

• You must provide payment info - billing starts when trial ends

• Cancel before trial ends to avoid charges

5. License and Usage Rights

5.1 What You Can Do

We give you permission to access and use our Services during your Subscription for your business purposes. This permission is:

• Limited to your internal use

• Non-exclusive (others can use it too)

• Non-transferable (you can't give it to others)

• Revocable if you violate these Terms

5.2 What You Can't Do

You may not:

• Resell or redistribute the Services

• Copy or modify the Services

• Try to reverse engineer our software

• Use the Services to build a competing product

• Scrape or extract data using automated tools

• Remove our branding or notices

• Use the Services illegally

• Exceed your Subscription limits

5.3 API Access

If you use our API:

• Use valid API credentials

• Follow rate limits and usage restrictions

• We may revoke access for misuse

• Follow our API documentation

6. Acceptable Use

6.1 Legal Compliance

You must comply with all applicable laws, including:

• United States: TCPA, TSR, CAN-SPAM Act, state telemarketing laws

• Latin America: Country-specific telecom regulations, consumer protection laws

• Your Jurisdiction: All local laws where you operate

6.2 What's Prohibited

You may NOT use our Services to:

• Make illegal calls or send spam

• Call numbers on Do Not Call registries without proper exemption

• Make telemarketing calls without required consent

• Harass, threaten, or abuse anyone

• Impersonate people or organizations

• Commit fraud or deception

• Collect personal information without consent

• Violate privacy rights

• Distribute illegal content

• Attack or disrupt our Services

6.3 Content Standards

Your communications must not contain:

• Illegal content

• Content that violates intellectual property rights

• Defamatory or obscene content

• Content harmful to children

• Content promoting illegal activities

6.4 Enforcement

We may, without notice:

• Investigate suspected violations

• Suspend or terminate violating Accounts

• Remove prohibited content

• Report violations to authorities

6.5 Report Violations

To report violations: tomas@arbolai.co

7. Your Content and Data

7.1 You Own Your Data

You keep all rights to your Customer Data. We don't claim ownership.

7.2 Permission to Process Your Data

You give us permission to use, process, store, and display your Customer Data only to provide the Services you requested.

7.3 No AI Training on Your Data

We DO NOT use your Customer Data to train AI models. Your data is used only to provide your Services.

7.4 Your Responsibilities

You are responsible for:

• The accuracy and legality of your data

• Getting proper consent to use contact information

• Complying with data protection laws

• Backing up important data

7.5 Export Your Data

You can export your Customer Data anytime through the dashboard in CSV or JSON format.

7.6 Data Deletion

You can delete Customer Data through the dashboard. When you close your account, we delete or anonymize your data within 90 days, except what we must keep for legal compliance.

8. AI Employees and Voice Communications

8.1 Your Configuration Responsibilities

You are responsible for:

• Setting up AI Employees correctly for your needs

• Providing accurate business information and instructions

• Testing AI Employees before using them with real customers

• Monitoring performance and making adjustments

8.2 AI Technology Limitations

AI Employees are sophisticated but not perfect:

• They may sometimes misunderstand or give incorrect responses

• They can't handle all situations requiring human judgment

• You should set up call transfers for complex situations

8.3 No Performance Guarantees

We don't guarantee specific results like:

• Lead qualification rates

• Appointment booking success

• Customer satisfaction scores

• Sales conversions

8.4 Voice and Call Quality

Call quality depends on:

• Internet connection quality

• Phone service providers (we use Twilio and similar services)

• Recipient's phone system

• Network conditions

We don't guarantee specific voice quality levels.

9. Call Recording and Legal Compliance

9.1 Your Legal Responsibility

YOU are responsible for complying with all call recording laws. We provide the technology; you ensure legal compliance.

9.2 Recording Consent Requirements

Laws vary by location:

• US Federal Law: Requires at least one person on the call to consent

• Some US States: Require ALL people on the call to consent (California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, Washington, Connecticut, Michigan, Delaware)

• Latin America: Each country has different requirements

You must know and follow the laws that apply to your calls.

9.3 Best Practices

We strongly recommend:

• Having AI Employees announce recording at call start

• Getting verbal consent when required

• Giving callers the option to decline recording

• Consulting a lawyer about your specific requirements

9.4 Not Legal Advice

This information is general guidance only, not legal advice. Consult a qualified attorney for your specific situation.

10. Phone Numbers and Telephony

10.1 How Phone Numbers Work

We provide phone numbers through third-party telecommunications providers like Twilio. Number availability varies by location.

10.2 Phone Number Costs

Phone numbers have monthly fees as specified in your plan. Fees continue until you release the number.

10.3 Number Portability

You may be able to transfer numbers in or out, subject to carrier policies and fees.

10.4 Telecommunications Compliance

You must comply with:

• Caller ID requirements

• STIR/SHAKEN regulations

• Carrier policies and guidelines

10.5 Releasing Numbers

When you release a phone number, it goes back into the available pool. We can't guarantee you can get it back later.

11. Third-Party Integrations

11.1 What Integrations Do

You can connect services like Google Calendar, Microsoft Outlook, and others through our integrations.

11.2 Authorization

By connecting a third-party service, you authorize us to access it on your behalf to provide the integration.

11.3 Third-Party Terms Apply

Your use of third-party services is subject to their own terms and policies. We're not responsible for third-party services.

11.4 Integration Availability

We don't guarantee integrations will always work, as they depend on third-party APIs that may change.

12. Intellectual Property

12.1 We Own the Platform

We own all rights to:

• The Services platform and software

• Our trademarks, logos, and branding

• Documentation and materials

• Any improvements to the Services

12.2 Your Feedback

If you give us suggestions or feedback about the Services, we can use it without restrictions or payment to you.

12.3 Trademark Usage

You can't use our trademarks without our written permission.

13. Confidentiality

13.1 What's Confidential

"Confidential Information" means non-public information that:

• Is marked as confidential, or

• Should reasonably be understood as confidential

13.2 Protection Obligations

Both parties agree to:

• Protect confidential information with reasonable care

• Use it only for purposes of this agreement

• Not share it with third parties without permission

13.3 Exceptions

These obligations don't apply to information that:

• Is publicly available (not due to a breach)

• You already knew before disclosure

• You developed independently

• Must be disclosed by law (with notice if allowed)

14. Privacy and Data Protection

14.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy.

14.2 Data Processing

We process Customer Data on your behalf. You remain the data controller for your Customer Data.

14.3 Data Security

We implement reasonable security measures to protect Customer Data. See our Privacy Policy for details.

14.4 Data Breaches

We'll notify you of any data breach affecting your Customer Data as required by law.

15. Disclaimers and Limitations

15.1 "As-Is" Service

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES.

15.2 What We Don't Warrant

We don't guarantee:

• The Services will be error-free or uninterrupted

• Results will meet your expectations

• AI Employees will always be accurate

• Security of all transmissions

• Third-party services will work properly

15.3 AI Technology Disclaimer

AI Employees use artificial intelligence that may produce unexpected or incorrect outputs. We don't warrant AI responses will be accurate or appropriate.

Some jurisdictions don't allow warranty disclaimers. In those places, these disclaimers apply to the maximum extent allowed by law.

16. Limitation of Liability

16.1 What We're Not Liable For

We are NOT liable for:

• Lost profits, revenue, data, or business opportunities

• Indirect, incidental, or consequential damages

• Cost of substitute services

• Damages from using or not being able to use the Services

Even if we knew these damages were possible.

16.2 Maximum Liability

Our total liability is limited to the greater of:

• Fees you paid us in the last 12 months, OR

• $100 USD

16.3 Exceptions

These limits don't apply to:

• Your payment obligations

• Your responsibility for violations you cause

• Intellectual property breaches

• Gross negligence or intentional misconduct

Some jurisdictions limit how much we can limit liability. In those places, our liability is limited to the maximum extent allowed by law.

17. Your Responsibilities

17.1 What You're Responsible For

You agree to protect us from claims arising from:

• Your use of the Services

• Your violation of these Terms

• Your violation of any laws

• Your Customer Data

• Your failure to comply with telemarketing or recording laws

• Disputes between you and third parties

17.2 How This Works

If we get a claim related to your use:

• We'll notify you promptly

• We'll cooperate reasonably

• You can't settle without our written consent

18. Term and Termination

18.1 How Long These Terms Last

These Terms are effective when you first accept them and continue until terminated.

18.2 How You Can Terminate

You can close your Account anytime by:

• Contacting support

• Canceling through the dashboard

18.3 How We Can Terminate

We may suspend or terminate your Account immediately if you:

• Violate these Terms

• Don't pay fees when due

• Engage in fraud or illegal activity

• Use the Services in ways that harm us or others

We may also terminate with 30 days' notice for any reason.

18.4 What Happens After Termination

When your Account is terminated:

• Your access ends immediately

• You must stop using the Services

• You still owe any fees from before termination

• We'll delete your Customer Data within 90 days (unless legally required to keep it)

18.5 Sections That Continue

These sections survive termination: Data ownership, Intellectual Property, Confidentiality, Disclaimers, Liability Limits, Your Responsibilities, Dispute Resolution, and General Provisions.

19. Dispute Resolution

19.1 Try to Resolve Disputes Informally First

Before taking legal action, please contact us at tomas@arbolai.co to try to resolve the dispute. We'll try to resolve it within 30 days.

19.2 Arbitration Agreement

If we can't resolve a dispute informally, it will be resolved through binding arbitration instead of court, except:

• Small claims court cases

• Requests for court orders to protect intellectual property

19.3 How Arbitration Works

• Arbitration is administered by JAMS (Judicial Arbitration and Mediation Services)

• It takes place in Delaware unless we agree otherwise

• You can't bring class actions or representative claims

• You waive the right to a jury trial

19.4 Opt-Out Option

You can opt out of arbitration by sending written notice to tomas@arbolai.co within 30 days of first accepting these Terms. Include your name, address, and a clear statement that you want to opt out of arbitration.

20. General Provisions

20.1 Governing Law

These Terms are governed by Delaware law and United States federal law.

20.2 Where Legal Cases Are Handled

Any court cases must be brought in Delaware state or federal courts. You consent to jurisdiction there.

20.3 Complete Agreement

These Terms, Privacy Policy, and any order forms are the complete agreement between us regarding the Services.

20.4 Changes to Terms

We may update these Terms. We'll notify you of material changes at least 30 days before they take effect. Continuing to use the Services means you accept the changes.

20.5 Assignment

You can't transfer these Terms without our written permission. We can transfer them freely.

20.6 Severability

If any part of these Terms is found unenforceable, the rest continues to apply.

20.7 No Waiver

Our failure to enforce any provision doesn't waive that provision.

20.8 Notices

We'll send notices to your Account email. Send notices to us at tomas@arbolai.co.

20.9 Force Majeure

We're not liable for delays or failures caused by events beyond our control (natural disasters, pandemics, government actions, third-party outages, etc.).

20.10 Export Compliance

You must comply with all U.S. export laws. Don't use the Services in countries subject to U.S. sanctions.

20.11 Independent Contractors

We're independent contractors. Nothing here creates a partnership or employment relationship.

20.12 No Third-Party Rights

These Terms don't give rights to anyone except you and us.

21. Contact Information

Arbol Artificial Intelligence, Inc.
131 Continental Dr Suite 305
Newark, DE 19713
United States

Email: tomas@arbolai.co
Support: tomas@arbolai.co

For legal notices, please use the email or mailing address above.

Effective Date: January 3, 2026

By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.