Terms of Service

• "Service" - the TTMA AI voice-receptionist platform and all related websites, apps, voice agents, phone numbers, APIs, dashboards, and documentation.
• "AI Output" - any speech, text, transcript, summary, classification, or other content generated, recognized, or produced by the Service's automated speech and artificial-intelligence systems.
• "End Caller" - any person who calls, is called by, or otherwise interacts with a voice agent you deploy through the Service.
• "Customer Data" - all data you or your End Callers provide to, or that the Service processes through, your use of the Service, including call audio, transcripts, caller phone numbers, configuration, prompts, scripts, and data read from a connected store.
• "Company Parties" - ATP-LOGIC LTD and its parents, subsidiaries, and affiliates, and each of their respective officers, directors, shareholders, members, managers, employees, contractors, agents, representatives, licensors, suppliers, and service providers (including providers of artificial-intelligence models, telephony/carrier services, and hosting). Every disclaimer, exclusion, limitation of liability, and indemnity in these Terms runs to the benefit of all Company Parties, who are intended third-party beneficiaries of those provisions.

By creating an account, installing or deploying the Service, clicking "I Agree," or using the Service, you accept these Terms and our Privacy Policy, incorporated by reference. You must be at least 18 and have authority to bind the business you represent.

The Service is offered solely for business and commercial purposes. You represent and warrant that you are acquiring and using the Service for business purposes and not as a "consumer" (an individual acquiring goods or services for personal, family, or household purposes). The Service is not intended for, and you may not use it for, personal, family, or household purposes. If you do not agree, or you are a consumer, do not use the Service.

TTMA provides an AI voice-receptionist service: it answers (and, where enabled, places) telephone calls in a synthetic voice, and, for the marketplace apps, connects to your connected store to read an End Caller's own order or booking status and read it back after verifying the caller. With respect to a connected store the Service is read-only: it does not change, cancel, refund, or create orders and does not write data back to the store.

The Service is an automation tool, not a human agent, employee, or professional advisor, and it relies on third-party artificial-intelligence, telephony, and hosting providers whose availability and output the Company does not control. The Service is probabilistic and may produce errors, omissions, delays, or unexpected output. We may modify, update, suspend, or discontinue the Service or any feature, in whole or in part, at any time, with notice where practicable, and without liability to you.

You acknowledge and agree that:

1. AI Output is probabilistic and may be wrong. It may be inaccurate, incomplete, outdated, misleading, fabricated or "hallucinated," offensive, or otherwise unsuitable, even when it appears confident or correct, and may misrecognize speech or state incorrect order, booking, pricing, availability, or other information.
2. AI Output is not the Company's statement or advice. It does not constitute a statement, representation, warranty, endorsement, or commitment of any Company Party, does not bind any Company Party, and does not constitute professional advice of any kind (legal, medical, financial, or safety). No advisory or fiduciary relationship is created.
3. You assume all risk arising from the Service's automated operation and from any reliance on AI Output, and you will not rely on AI Output as a sole or authoritative source of truth.
4. You are responsible for what your agent says. As between you and the Company, you are solely responsible for all AI Output of the voice agents you deploy and for every statement the Service makes to your End Callers, to the same extent as if a human employee of yours had made the statement. You are responsible for configuring, testing, supervising, and restricting your agents.

To the maximum extent permitted by law, no Company Party is liable for any damages arising from AI Output, its errors or omissions, or any person's reliance on it.

The Service is configured by default to deliver an audible disclosure that the caller is interacting with an artificial-intelligence assistant and not a human, and, where recording is enabled, an audible "this call may be recorded" notice. You shall not disable, suppress, shorten, obscure, re-record, bypass, or otherwise defeat these default disclosures.

You are the "person using," "supplier using," "deployer," operator, and recording party of the voice agents with respect to your End Callers. You are solely responsible for determining whether, and complying with how, the following apply and for obtaining and maintaining all necessary notices and consents: (a) laws requiring disclosure that a caller is interacting with AI or an artificial/prerecorded voice (including the California Bot Disclosure Act, the Utah AI Policy Act, the Colorado AI Act, the EU AI Act, and similar laws); and (b) call-recording, monitoring, and wiretap laws, including all-party ("two-party") consent statutes, one-party consent laws, PIPEDA, and the GDPR. Because consent rules differ by jurisdiction and the stricter rule can govern an interstate or cross-border call, you are responsible for obtaining all required consents in every jurisdiction in which you, your personnel, or any End Caller may be located.

You will not apply your own name, trademark, or branding to the Service, or otherwise hold the Service out as your own technology, in any manner that would cause you to be deemed a "provider," "developer," or "manufacturer" of an AI system under the EU AI Act or similar law, except as expressly permitted by us in writing.

The Company provides the technical capability only. No Company Party is responsible for your compliance, or your failure to comply, with the laws referenced in this Section, and your failure to comply (including disabling a default disclosure) is a material breach.

You will use the Service's telephony features only for lawful purposes and will not, and will not configure a voice agent to:

1. place or facilitate unlawful, deceptive, harassing, or unsolicited calls or messages, or violate the U.S. Telephone Consumer Protection Act (TCPA), FCC or FTC rules, state telemarketing laws, the CRTC rules, the National Do-Not-Call rules, or any equivalent law;
2. make outbound or telemarketing calls without first obtaining all legally required consent (including, where applicable, prior express written consent to receive calls using an artificial or AI-generated voice);
3. fail to scrub destination numbers against applicable internal, state, and national Do-Not-Call lists at least every 31 days for any outbound calling;
4. fail to recognize and promptly honor a recipient's revocation of consent or opt-out request;
5. clone, imitate, or use the voice or likeness of any real person without that person's consent; or
6. use the Service for any high-risk or safety-critical purpose (see Section 7).

You are the "seller," "caller," and party on whose behalf each call is initiated, and you are solely responsible for compliance with all telecommunications and consumer-protection laws governing your calls. We may, but are not obligated to, monitor for and act on violations.

The Service is not a telephone service and is not a replacement for one. The Service does not support, carry, route, connect, or place calls to 911, E911, 112, 999, or any other emergency or public-safety answering point. The AI cannot and will not summon emergency responders, is not monitored by a human, may not function during a power or internet outage, and transmits no location information. You must maintain a separate, alternative means of contacting emergency services and must not represent the Service as one.

The Service is not designed or intended for use in medical, emergency, life-support, aviation, nuclear, financial-decisioning, legal-advice, or other inherently dangerous or safety-critical contexts, and the Company Parties disclaim all liability for any such use. To the maximum extent permitted by law, no Company Party is liable for any inability to reach emergency services or for any harm (including death or personal injury) arising from such use or from your or any caller's reliance on the Service for any of the foregoing, and you will indemnify the Company Parties for any related claim by any End Caller or third party.

You are responsible for the security of your credentials, API keys, store access tokens, and devices, for enabling available security features, for all activity under your account, and for promptly notifying us at hello@moltbot.ninja of any suspected unauthorized access. You may not transfer your account to a third party. We may suspend or terminate compromised accounts.

If we offer a free trial, pilot, proof-of-concept, evaluation, or "beta"/early-access feature, it is provided "AS IS" and "AS AVAILABLE," without any warranty, service level, or commitment, and the Company Parties have no liability or indemnification obligation arising from your use of it. Such offerings may be incomplete, may change or be withdrawn at any time, and may produce unexpected results; you assume all risk of using them. At a trial's end the Service suspends or terminates unless a paid subscription begins.

Fees are stated in USD unless otherwise specified and are billed in advance on a recurring (monthly or annual) basis and auto-renew until cancelled. For the Shopify app, billing is processed through Shopify Billing; for the Wix app, through Wix's billing; for direct customers, through our third-party payment processor. A paid plan includes a dedicated phone number, included minutes/usage, and any overage, as described at sign-up.

The Service answers inbound calls 24/7 and does not, unless you configure a limit, cap inbound call volume. You are responsible for all fees for all minutes and usage incurred through your account, including from high, unexpected, automated, or malicious call volume, and including overage. We are not liable for charges resulting from call volume you did not anticipate.

We may change our Fees, introduce new or usage-based fees, and modify, discontinue, or decline to renew any plan or any promotional, legacy, or grandfathered pricing, at any time in our sole discretion, and we are under no obligation to maintain or grandfather any pricing.

A recurring price increase takes effect at the start of your next renewal term, and we will give you at least 30 days' notice of the new price and its effective date (changes to usage/overage rates take effect on notice). Price changes are not retroactive. For marketplace channels, changes are applied through the platform's billing mechanism and may require your re-approval of a new charge. If you do not accept a change, your sole and exclusive remedy is to cancel before the change takes effect; continued use of the Service on or after the effective date constitutes your acceptance of the new pricing.

Except where non-waivable law requires otherwise, all fees are non-refundable, and we do not provide prorated refunds for partial periods or unused minutes. Fees are exclusive of taxes, which are your responsibility. Failed payments may result in suspension after a grace period and, on persistent failure, termination and data deletion.

A paid plan may include a dedicated phone number provisioned through our telephony provider. The number is licensed to you for use with the Service and is not portable except as required by law or expressly permitted by us. Telephony is provided by third-party carriers whose service, availability, routing, and call quality the Company does not control.

You will not, and will not permit any person to: violate any law; commit fraud or impersonation; infringe or misappropriate any third-party right; transmit malware; harass, threaten, defame, or harm; generate illegal content; attempt to bypass the Service's safety, rate, or security controls; reverse engineer, scrape, or build a competing product from the Service; resell or sublicense the Service without authorization; or use the Service to make decisions producing legal or similarly significant effects on individuals without a human review and opt-out path. You represent that you and your beneficial owners are not the subject of sanctions, are not located in a comprehensively sanctioned jurisdiction, and are not on any restricted-party list. We may suspend or terminate, without notice, refund, or liability, for any violation or suspected violation.

You must independently comply with the terms of the commerce platform you install the Service on (Shopify or Wix) and of any other platform, carrier, or provider you connect or rely on. You will not use any data obtained through a connected platform's API in violation of that platform's terms, including any prohibition on using such data to train, fine-tune, or improve machine-learning or artificial-intelligence models. Violations may result in suspension of the affected integration or the Service. No Company Party is liable for your non-compliance with third-party terms.

As between the parties, you are the data controller (and the "business," "organization," or recording party, as applicable) of Customer Data, including End Callers' phone numbers, call audio and transcripts, and the order/customer data the Service reads from your store, and ATP-LOGIC acts as a data processor processing that data on your documented instructions to provide the Service.

You represent and warrant that you have provided all required notices and obtained all required consents and have a lawful basis for the processing (including the AI-disclosure and recording consents in Section 5), and that you maintain your own compliant privacy policy. Our processing is described in the Privacy Policy; where a Data Processing Addendum (DPA) is required, the parties will enter into one, which controls over any conflicting term here for in-scope data.

HIPAA: Unless we have signed a Business Associate Agreement with you, the Service is not intended for protected health information, we are not your "Business Associate," and we disclaim any HIPAA obligation; you will not submit PHI to the Service.

You retain all rights in your Customer Data and content. We and our licensors retain all rights in the Service, its software, models, the TTMA and ATP-LOGIC names and branding, and all related intellectual property; you receive only a limited, revocable, non-exclusive, non-transferable right to use the Service under these Terms. You will not copy, modify, translate, reverse engineer, decompile, or create derivative works of the Service, or remove proprietary notices. Open-source components remain governed by their own licenses. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction, obligation, or attribution.

To the maximum extent permitted by law, the Service and all AI Output are provided "as is" and "as available," with all faults, and the Company Parties disclaim all warranties, representations, and conditions of any kind, whether express, implied, statutory, or collateral, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement, durability, and any warranty arising from a course of dealing or usage of trade.

The parties intend the Service to be characterized as a hosted service and access licence and not a sale of goods; to the extent the Sale of Goods Act (Ontario) or any similar legislation would otherwise apply, the implied conditions and warranties thereunder are expressly excluded to the maximum extent permitted by law. Without limiting the foregoing, no Company Party warrants that the Service will be uninterrupted, timely, secure, error-free, or accurate, that AI Output will be correct or suitable, that defects will be corrected, or that the Service will meet your requirements. You assume all risk for any damage to your systems, data, or business arising from use of the Service.

To the maximum extent permitted by law, in no event will any Company Party be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, savings, data, goodwill, or business, for business interruption, for missed, dropped, delayed, or mishandled calls, for the content or consequences of AI Output, or for the cost of substitute services, whether in contract, tort (including negligence), strict liability, or any other theory, even if a Company Party was advised of the possibility of such damages, and even if a remedy fails of its essential purpose.

To the maximum extent permitted by law, the Company Parties' total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total fees you paid us for the Service in the twelve (12) months immediately preceding the event first giving rise to the claim, or (b) CAD $100. The existence of multiple claims does not enlarge this cap.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for death or personal injury caused by negligence; nor does the cap above limit your payment obligations or your indemnification obligations under Section 18.

The disclaimers and limitations in Sections 16 and 17 are an essential basis of the bargain between the parties, reflect a reasonable allocation of risk, and would not be agreed to by the Company without them. They apply for the benefit of all Company Parties and survive termination.

You will defend, indemnify, and hold harmless the Company Parties from and against any and all third-party claims, demands, actions, investigations, and proceedings, and all resulting losses, damages, liabilities, settlements, judgments, fines, penalties (including regulatory penalties), and costs (including reasonable legal fees), arising out of or relating to: (a) your access to or use of the Service, including all calls placed, received, recorded, or transcribed and all prompts, scripts, voices, knowledge, and campaigns you configure; (b) AI Output of your agents and any statement the Service makes to your End Callers; (c) your Customer Data; (d) your breach of these Terms or your representations and warranties; (e) your violation of any law, including telemarketing/TCPA, call-recording/wiretap, AI-disclosure, privacy, consumer-protection, and sanctions laws; (f) your failure to obtain required consents or to maintain the default disclosures; (g) your violation of any third-party right or any third-party platform's terms; and (h) any claim by an End Caller or other third party relating to the Service as you deployed it.

This indemnity expressly includes statutory-damages claims (for example, under call-recording statutes) and TCPA/telemarketing claims, whether or not they name a Company Party directly or assert vicarious liability.

We will notify you of a claim (a delay does not relieve you except to the extent prejudiced), may participate with our own counsel, and you will not settle any claim in a way that imposes any obligation or admission on a Company Party without our prior written consent. This obligation is in addition to, and not limited by, any other remedy and is not subject to the cap in Section 17, and it survives termination.

We implement commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data, as described in the Privacy Policy.

No method of transmission or storage is 100% secure, and we do not and cannot guarantee absolute security. You assume the risk of transmitting data over the internet.

Except to the extent caused by a Company Party's own gross negligence or wilful misconduct, the Company Parties are not liable for unauthorized access to, or loss, alteration, or disclosure of, Customer Data. Nothing in these Terms limits any non-waivable statutory data-breach-notification obligation. You are responsible for your own credential security and for promptly notifying us of any compromise.

The Service answers calls from, and may place calls to, members of the public. You are solely responsible for the configuration and behavior of your agents and for all interactions they have with End Callers, including all required disclosures and consents. No Company Party is liable for any harm, offense, misinformation, reliance, or damage arising from interactions between your agents and End Callers or other third parties.

These Terms apply while you use the Service. You may cancel at any time; cancellation takes effect at the end of the current billing cycle and prior fees remain due. We may suspend or terminate access, in whole or in part, at any time for breach, non-payment, suspected fraud or abuse, risk to the Service or others, or as required by law. On termination we delete your stored Customer Data and tokens as described in the Privacy Policy; we may retain limited records as required for legal, tax, fraud-prevention, security, and dispute purposes. You are responsible for exporting any data you wish to keep before termination.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. Subject to the arbitration clause below, you irrevocably attorn and submit to the exclusive jurisdiction of the courts of Ontario sitting in Toronto and waive any objection based on forum non conveniens.

Except for (i) claims that may be brought in a small-claims court and (ii) claims for injunctive or equitable relief or to protect intellectual property or confidential information, any dispute arising out of or relating to these Terms or the Service will be finally resolved by binding arbitration seated in Toronto, Ontario, before a single arbitrator, conducted in English under the Arbitration Act, 1991 (Ontario) (and, if the parties agree, administered under the ADR Institute of Canada Arbitration Rules). The arbitration may proceed by written submissions or video where proportionate.

To the maximum extent permitted by law, you and ATP-LOGIC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding, and (where applicable) each waives any right to a jury trial.

If, despite Section 2, applicable non-waivable consumer-protection law treats you as a consumer and renders the arbitration, class-waiver, or any other provision invalid as to you, that provision does not apply to you to that extent, the remainder of these Terms continues to apply, and any dispute will proceed in the courts of Ontario sitting in Toronto.

No Company Party is liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, governmental or regulatory action, sanctions, labour disputes, epidemics, power or telecommunications failures, internet or cloud-provider outages, carrier or AI-provider outages, denial-of-service or other cyberattacks, and acts of third parties.

We may modify these Terms. We will post the updated Terms with a new "Last updated" date and, for material changes, provide prominent in-Service notice and/or at least 14 days' email notice before they take effect. Continued use of the Service on or after the effective date constitutes acceptance; if you do not agree, stop using the Service before then.

These Terms and the Privacy Policy (and any DPA or order form) are the entire agreement between the parties and supersede all prior understandings. If any provision is held invalid or unenforceable, it will be modified and read down to the minimum extent necessary to make it valid and enforceable (and, if it cannot be, severed), and the remaining provisions remain in full force; every disclaimer and limitation applies to the maximum extent permitted by applicable law.

Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign freely (including in a merger, acquisition, or sale of assets). No partnership, agency, joint venture, or employment is created. Sections that by their nature should survive (including 1, 4-7, 10, 14-19, 22, and 25) survive termination. You consent to receive communications and notices electronically, and, where applicable (including under Canada's Anti-Spam Legislation), to receive service-related and transactional messages (you may opt out of non-transactional messages at any time). Except for the Company Parties (who are intended beneficiaries of the disclaimer, limitation, and indemnity provisions), there are no third-party beneficiaries.

ATP-LOGIC LTD, 135 Almore Avenue, North York, Ontario M3H 2H9, Canada. Email: hello@moltbot.ninja.