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AGENT AGNES TERMS OF SERVICE
Last Updated: February 3, 2026
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICE.
These Terms of Service ("Terms") contain an arbitration agreement and class action waiver that affect your legal rights. By using our Service, you agree to resolve disputes through binding individual arbitration and waive your right to participate in class actions. Please review Section 15 (Dispute Resolution) carefully.
1. ACCEPTANCE OF TERMS
By accessing, using, or creating an account on Agent Agnes (the "Service"), operated by Agent Agnes Co., a Delaware corporation ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICE.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
2. SERVICE DESCRIPTION
Agent Agnes provides AI-powered communication automation tools for businesses, including but not limited to:
AI phone agents that answer, route, and take action on inbound calls
SMS follow-up and messaging agents
Web chat widget agents
Email triage and response agents
Business intelligence briefings (Agnes Pulse)
Call analytics, transcripts, and summaries
Dashboard and management tools
The Service may include free trials, demos, beta features, or preview releases, which are subject to additional terms as described in Section 6.
3. CONSENT TO CALL RECORDING AND MONITORING
IMPORTANT: BY USING THE SERVICE, YOU ACKNOWLEDGE AND CONSENT TO THE FOLLOWING:
3.1 Recording of Communications
All phone calls, voice interactions, and communications processed through the Service may be recorded, monitored, transcribed, and stored. This includes calls made to or from phone numbers provisioned through the Service, demo calls, and test calls.
3.2 Your Responsibility to Notify Callers
You are solely responsible for complying with all applicable federal, state, and local laws regarding call recording, including but not limited to obtaining any required consent from third parties who call your AI agent. Many jurisdictions require that all parties to a call consent to recording. The Company is not liable for any failure by you to obtain required consents.
3.3 Use of Recorded Data
Recorded calls, transcripts, and related data may be used to: (a) provide and improve the Service; (b) train, develop, and enhance our AI models and systems; (c) generate analytics and insights; (d) ensure quality assurance; (e) investigate and resolve disputes; and (f) comply with legal obligations.
4. COMMUNICATIONS AND MARKETING
4.1 Consent to Electronic Communications
By creating an account or using the Service, you consent to receive electronic communications from us, including but not limited to: (a) service announcements and updates; (b) account notifications and alerts; (c) billing and payment communications; (d) customer support correspondence; and (e) legal notices.
4.2 Marketing Communications
By creating an account, you expressly consent to receive marketing and promotional communications from Agent Agnes via email. These may include product updates, feature announcements, industry insights, special offers, and newsletters. You may opt out of marketing communications at any time by clicking the "unsubscribe" link in any marketing email or by contacting us at privacy@agentagnes.ai. Opting out of marketing communications will not affect your receipt of transactional or service-related communications.
5. USER ACCOUNTS AND REGISTRATION
5.1 Account Creation
To access certain features of the Service, you must create an account by providing accurate, complete, and current information, including your name, email address, and business information. You agree to update this information promptly if it changes.
5.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized access or security breach at security@agentagnes.ai.
5.3 Account Requirements
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
6. FREE TRIALS, DEMOS, AND BETA SERVICES
6.1 Demo and Free Tier
We may offer free demos, trials, or limited-functionality tiers of the Service. These offerings are provided "as is" without any warranty, and we reserve the right to modify, suspend, or discontinue them at any time without notice.
6.2 Beta and Preview Features
We may offer beta, preview, or early access features. Such features are experimental, may contain bugs or errors, and are provided without any guarantee of availability, functionality, or support. Your use of beta features is at your own risk.
6.3 Data in Free/Demo Accounts
Data created during free trials or demos may be deleted after a period of inactivity or when the trial ends. We are not responsible for any loss of data from free or demo accounts.
7. PAYMENT AND BILLING
7.1 Fees
Paid subscription plans are billed in advance on a monthly or annual basis. Usage-based charges (such as per-minute call fees or overage charges) are billed monthly in arrears. All fees are quoted and payable in U.S. dollars unless otherwise specified.
7.2 Payment Methods
You must provide a valid payment method. You authorize us to charge your payment method for all fees incurred. If payment fails, we may suspend or terminate your access to the Service.
7.3 Taxes
Fees are exclusive of taxes. You are responsible for all applicable taxes, except for taxes based on our net income.
7.4 Refunds
All fees are non-refundable except as expressly set forth herein or as required by applicable law. We may, in our sole discretion, provide refunds or credits on a case-by-case basis.
8. ACCEPTABLE USE POLICY
You agree not to use the Service to:
Violate any applicable law, regulation, or third-party rights
Transmit spam, robocalls, or unsolicited communications in violation of the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or similar laws
Engage in fraud, deception, or misrepresentation
Transmit malware, viruses, or other harmful code
Interfere with or disrupt the Service or its infrastructure
Attempt to gain unauthorized access to any systems or accounts
Use the Service to harass, threaten, or harm others
Transmit content that is illegal, harmful, defamatory, or obscene
Impersonate any person or entity
Use the Service for any purpose that competes with Agent Agnes
Reverse engineer, decompile, or attempt to extract the source code of the Service
9. AI SERVICES DISCLAIMER
9.1 Nature of AI Services
The Service uses artificial intelligence and machine learning technologies to process communications and perform tasks. AI systems may produce errors, inaccuracies, or unexpected results. You acknowledge that:
AI responses may not always be accurate, complete, or appropriate
AI cannot replace human judgment for critical decisions
You are responsible for reviewing and verifying AI-generated content and actions
AI performance may vary based on input quality and complexity
9.2 Third-Party AI Providers
The Service may utilize third-party AI providers (such as OpenAI, Anthropic, or others) to deliver certain functionality. Your use of the Service is subject to any applicable terms and policies of such third-party providers.
9.3 No Professional Advice
The Service does not provide legal, medical, financial, or other professional advice. Any information provided by the AI is for general informational purposes only and should not be relied upon as a substitute for professional consultation.
10. INTELLECTUAL PROPERTY
10.1 Company IP
The Service, including all software, algorithms, designs, text, graphics, logos, and other content (excluding User Content), is owned by Agent Agnes Co. and is protected by copyright, trademark, patent, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or brand features.
10.2 User Content
You retain ownership of content you upload, submit, or transmit through the Service ("User Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, process, store, and display your User Content solely to provide and improve the Service.
10.3 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us an unrestricted, perpetual, royalty-free license to use such feedback without any obligation to you.
11. CONFIDENTIALITY
Each party agrees to maintain the confidentiality of any non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that: (a) is or becomes publicly available; (b) was rightfully known before disclosure; (c) is rightfully obtained from a third party; or (d) is independently developed.
12. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any AI-generated content or results.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AGENT AGNES CO., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Agent Agnes Co., its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable laws, including call recording and privacy laws; or (e) your violation of any third-party rights.
15. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
15.1 Informal Resolution
Before filing any claim, you agree to attempt to resolve disputes informally by contacting us at legal@agentagnes.ai. We will attempt to resolve the dispute within sixty (60) days.
15.2 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in Wilmington, Delaware, or another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
15.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
15.4 Exceptions
Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm. Claims for intellectual property infringement or misappropriation may be brought in court.
15.5 Opt-Out
You may opt out of this arbitration agreement by sending written notice to legal@agentagnes.ai within thirty (30) days of first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out of arbitration.
16. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Subject to Section 15, any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in such courts.
17. TERMINATION
17.1 Termination by You
You may terminate your account at any time through your account settings or by contacting support@agentagnes.ai.
17.2 Termination by Us
We may suspend or terminate your account immediately, without prior notice, if: (a) you breach these Terms; (b) you fail to pay applicable fees; (c) we are required to do so by law; (d) we discontinue the Service; or (e) we reasonably believe your conduct may harm us, other users, or third parties.
17.3 Effect of Termination
Upon termination: (a) your right to use the Service will cease immediately; (b) you remain liable for any fees incurred before termination; (c) we may delete your account and data after a reasonable period; and (d) provisions that by their nature should survive will survive, including Sections 10, 12-16, and 18-21.
18. CHANGES TO TERMS
We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. For material changes, we will also provide notice via email or in-app notification. Your continued use of the Service after such changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.
19. MISCELLANEOUS
19.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Agent Agnes Co. regarding the Service.
19.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
19.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
19.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
19.5 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of war or terrorism, labor disputes, or internet service interruptions.
19.6 Export Compliance
You agree to comply with all applicable export and import laws and regulations. You may not use or export the Service in violation of U.S. export laws.
19.7 U.S. Government Users
If you are a U.S. government user, the Service is provided as "commercial computer software" and "commercial computer software documentation" as defined in applicable regulations.
20. PRIVACY
Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy, available at https://app.agentagnes.ai/privacy. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
21. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Agent Agnes Co.
Email: support@agentagnes.ai
Website: https://agentagnes.ai
Support: support@agentagnes.ai