Terms of Service

Effective Date: February 2026
Last Updated: February 2026

IMPORTANT — PLEASE READ CAREFULLY. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Terminus (“Terminus,” “we,” “us,” or “our”) governing your access to and use of the Terminus platform, including all related applications, services, tools, APIs, and documentation (collectively, the “Service”).

By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. 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 these Terms, you must not access or use the Service.

1. Service Description

Terminus provides an AI-powered voice agent platform that enables businesses to deploy automated conversational agents for inbound and outbound telephone call handling. The Service includes, but is not limited to:

• AI-driven voice agents capable of conducting real-time phone conversations
• Automated call routing, qualification, and handling
• Call transcription, recording, and analytics
• Agent configuration tools, prompt management, and knowledge base integration
• Telephony infrastructure and phone number provisioning
• Integration capabilities with third-party CRMs, calendars, and business tools

IMPORTANT DISCLOSURE: All AI agents deployed through the Terminus platform are automated software systems. They are not human beings, human representatives, or human operators. AI agents use artificial intelligence, machine learning, and natural language processing to generate responses in real time. Users and end callers should understand that all interactions with Terminus AI agents are interactions with automated technology.

2. AI Disclaimer & Limitation of Liability

THIS SECTION CONTAINS CRITICAL LIMITATIONS AND DISCLAIMERS REGARDING THE USE OF AI TECHNOLOGY. PLEASE READ THIS SECTION IN ITS ENTIRETY.

2.1 Nature of AI-Generated Responses

The AI agents deployed through the Terminus platform generate responses using artificial intelligence models that process language probabilistically. You acknowledge and agree that:

• AI responses may contain inaccuracies, errors, hallucinations, fabrications, or materially incorrect information. AI models can generate responses that sound plausible and authoritative but are factually wrong, misleading, incomplete, outdated, or entirely fabricated. This is an inherent characteristic of current AI technology and not a defect in the Service.
• AI responses do not constitute professional advice of any kind. Information provided by AI agents does not constitute and shall not be construed as legal advice, financial advice, medical advice, real estate advice, tax advice, investment advice, or any other form of professional counsel. AI agents are not licensed professionals and are not qualified to provide professional advice in any jurisdiction.
• AI agents may misinterpret questions, misunderstand context, or provide irrelevant responses. Automated systems have inherent limitations in understanding nuance, sarcasm, complex queries, ambiguous language, and domain-specific terminology.
• AI agents may fail to identify or appropriately handle sensitive, urgent, or emergency situations. AI technology cannot reliably detect all situations requiring human judgment, empathy, or intervention.

2.2 No Warranty on AI Output

TERMINUS MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE WHATSOEVER REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, SUITABILITY, OR APPROPRIATENESS OF ANY INFORMATION, CONTENT, OR RESPONSES GENERATED BY AI AGENTS. All AI-generated content is provided strictly on an “as-is” and “as-available” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

2.3 Limitation of Liability for AI-Generated Content

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TERMINUS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH:

• Any decisions made, actions taken, or actions not taken based on information provided by AI agents during calls;
• Any inaccuracies, errors, hallucinations, omissions, or misstatements in AI-generated responses;
• Any reliance by any party (including Users, end callers, or third parties) on information provided by AI agents;
• Any financial losses, lost business opportunities, reputational harm, or other damages resulting from AI agent interactions;
• Any failure of AI agents to perform as expected, to understand queries correctly, or to provide appropriate responses;
• Any harm arising from AI agents' inability to identify emergency situations or exercise human judgment.

END CALLERS INTERACT WITH AI AGENTS ENTIRELY AT THEIR OWN RISK. Terminus assumes no responsibility or liability for any outcomes, consequences, or damages arising from any person's interaction with or reliance upon AI agents deployed through the platform.

2.4 User Indemnification for AI Errors

You agree to indemnify, defend, and hold harmless Terminus, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) errors, hallucinations, inaccuracies, or misstatements made by AI agents configured or deployed by you; (b) any third party's reliance on information provided by your AI agents; (c) any violation of law arising from the operation of your AI agents; or (d) your failure to verify, review, or correct AI agent outputs.

3. User Responsibilities

3.1 Agent Configuration & Oversight

You are solely and exclusively responsible for:

• All prompts, instructions, scripts, knowledge bases, and configurations you provide to your AI agents;
• Reviewing and verifying the accuracy and appropriateness of AI agent responses and call outcomes on an ongoing basis;
• Implementing appropriate human oversight, monitoring, and intervention procedures for your AI agents;
• Training and configuring your AI agents to behave in a manner consistent with applicable laws, industry regulations, and professional standards;
• Ensuring that your AI agents do not make promises, commitments, or representations that you cannot or do not intend to fulfill.

3.2 Legal Compliance

You represent, warrant, and covenant that your use of the Service will comply with all applicable federal, state, local, and international laws, rules, and regulations, including but not limited to:

• The Telephone Consumer Protection Act (TCPA) and related FCC regulations
• National and state Do-Not-Call Registry requirements
• Telemarketing Sales Rule (TSR) and state telemarketing regulations
• AI disclosure and transparency requirements applicable in your jurisdiction
• Call recording consent and disclosure laws (one-party and two-party consent states)
• Real estate licensing, advertising, and disclosure regulations (where applicable)
• Data protection and privacy regulations (CCPA, GDPR, and other applicable frameworks)

3.3 AI Disclosure to End Callers

Where required by applicable law, you are solely responsible for ensuring that end callers are informed that they are communicating with an AI agent and not a human being. Terminus provides tools and configuration options to facilitate such disclosures, but the legal obligation to comply with AI disclosure requirements rests entirely with you. Failure to make required disclosures may expose you to legal liability for which Terminus bears no responsibility.

4. Data Access & Usage Rights

THIS SECTION DESCRIBES HOW TERMINUS ACCESSES AND USES DATA GENERATED THROUGH THE PLATFORM. BY USING THE SERVICE, YOU EXPRESSLY CONSENT TO THE DATA PRACTICES DESCRIBED BELOW.

4.1 Terminus Data Access

You acknowledge and agree that Terminus has full access to all data generated through or processed by the Service, including but not limited to:

• Complete call transcripts and conversation logs
• Call audio recordings
• Call metadata (timestamps, duration, phone numbers, caller identification data, call outcomes)
• AI agent configurations, prompts, instructions, and knowledge bases
• User account information and usage analytics
• Integration data exchanged between the Service and third-party platforms

This data access is a fundamental and non-optional condition of using the Service. The Service cannot function without Terminus's ability to process, access, and utilize the data described above. If you do not consent to these data access terms, you must not use the Service.

4.2 License Grant to Terminus

By using the Service, you grant Terminus a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, transferable license to use, copy, process, store, analyze, aggregate, anonymize, and derive insights from all data generated through or submitted to the platform for the following purposes:

• Providing, maintaining, and operating the Service
• Quality assurance, monitoring, and service improvement
• AI model training, fine-tuning, and optimization
• Product development, feature enhancement, and platform improvement
• Analytics, reporting, and business intelligence
• Security monitoring, fraud prevention, and abuse detection
• Compliance with legal obligations

This license survives termination of your account with respect to anonymized and aggregated data already processed prior to termination.

4.3 Aggregated & Anonymized Data

Terminus may use aggregated and anonymized data derived from the Service for any lawful business purpose, including but not limited to industry benchmarking, research and publication, marketing and promotional materials, and the development of new products and services. Aggregated and anonymized data is data that has been processed such that it cannot reasonably be used to identify any individual user, end caller, or specific business.

5. Intellectual Property

5.1 Terminus IP

Terminus retains all right, title, and interest in and to the Service, including all software, AI models, algorithms, machine learning technologies, interfaces, designs, documentation, trade secrets, trademarks, and any improvements, enhancements, or derivative works thereof. Nothing in these Terms grants you any ownership interest in the Service or Terminus's intellectual property.

5.2 Improvements Derived from Usage

Any improvements, enhancements, optimizations, or new features developed by Terminus as a result of processing User data, analyzing usage patterns, or training AI models on platform data shall be the sole and exclusive property of Terminus. You waive any claim to ownership or compensation related to such improvements.

5.3 User Content

You retain ownership of the original content you upload or input into the Service (such as custom knowledge bases and proprietary business information), subject to the license granted in Section 4.2. Terminus does not claim ownership of your original proprietary content.

6. Acceptable Use Policy

You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms. Without limiting the foregoing, you shall not:

• Use AI agents to engage in illegal telemarketing, robocalling, spam, or unsolicited commercial communications in violation of the TCPA, TSR, or equivalent laws
• Use AI agents to harass, threaten, intimidate, defame, or abuse any person
• Impersonate a human being through AI agents where such impersonation is prohibited by law or is reasonably likely to deceive in a manner causing harm
• Use the Service to collect sensitive personal information (such as Social Security numbers, financial account numbers, or health information) without proper authorization and security measures
• Use AI agents to facilitate fraud, deception, scams, or any form of dishonest business practice
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code or underlying algorithms of the Service
• Interfere with, disrupt, or place an unreasonable burden on the Service or its infrastructure
• Resell, sublicense, or otherwise redistribute access to the Service without Terminus's prior written consent
• Use the Service in any manner that violates applicable telecommunications regulations or licensing requirements

Terminus reserves the right to investigate and take appropriate action against any suspected violation of this Acceptable Use Policy, including without limitation suspending or terminating your account and reporting violations to law enforcement authorities.

7. Service Availability & No Guarantees

THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. Terminus does not guarantee uninterrupted, error-free, or secure operation of the Service. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

Without limiting the foregoing, Terminus makes no guarantees regarding:

• Service uptime, availability, or response times
• Call connection quality, latency, or reliability
• AI agent performance, accuracy, or response quality
• Compatibility with third-party integrations or services
• Data preservation or backup in the event of system failure

TERMINUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

8. General Limitation of Liability

8.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TERMINUS'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO TERMINUS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

8.2 Exclusion of Damages

IN NO EVENT SHALL TERMINUS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, including but not limited to damages for loss of profits, goodwill, use, data, business opportunities, or other intangible losses, regardless of whether Terminus has been advised of the possibility of such damages and regardless of the legal theory upon which such claim is based (whether in contract, tort, negligence, strict liability, or otherwise).

8.3 Force Majeure

Terminus shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond Terminus's reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet or telecommunications outages, cyberattacks, or third-party service provider failures.

9. Termination

9.1 Termination by User

You may terminate your account at any time by contacting Terminus or using the account cancellation feature within the platform. Termination does not entitle you to a refund of any prepaid fees unless otherwise required by applicable law.

9.2 Termination by Terminus

Terminus reserves the right to suspend or terminate your account and access to the Service, in whole or in part, at any time and for any reason, including but not limited to: (a) violation of these Terms or the Acceptable Use Policy; (b) nonpayment of fees; (c) a request by law enforcement or a government agency; (d) extended periods of inactivity; or (e) discontinuation of the Service.

9.3 Effect of Termination

Upon termination: (a) your right to access and use the Service will immediately cease; (b) Terminus may delete your account data, including call recordings and transcripts, after a reasonable retention period (typically thirty (30) days) unless longer retention is required by law or is necessary for legitimate business purposes; (c) all provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 2 (AI Disclaimer), 4 (Data Access & Usage Rights), 5 (Intellectual Property), 8 (Limitation of Liability), and 10 (Dispute Resolution).

10. Dispute Resolution

10.1 Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

10.2 Class Action Waiver

YOU AND TERMINUS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, or representative proceeding.

10.3 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

10.4 Governing Law

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.

11. Modifications to Terms

Terminus reserves the right to modify, amend, or update these Terms at any time in its sole discretion. We will notify you of material changes by posting the updated Terms on our website, sending an email to the address associated with your account, or providing notice through the platform. Material changes will take effect no earlier than thirty (30) days after notice is provided. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree with the modified Terms, you must discontinue use of the Service.

12. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Terminus with respect to the subject matter hereof.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver. The failure of Terminus to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms or your rights hereunder without Terminus's prior written consent. Terminus may assign these Terms without restriction.

Notices. All notices to Terminus shall be sent to zach@tryterminus.com. Notices to you will be sent to the email address associated with your account.