1. Acceptance of terms

These Terms of Service (the “Terms”) form a binding agreement between you and Agentic Gunda (“Agentic Gunda,” “we,” “us,” or “our”) governing your access to and use of our websites, applications, APIs, and AI voice-calling services (the “Service”). By creating an account, clicking to accept, or using the Service, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization. If you do not agree to these Terms, you may not use the Service.

2. Description of service

Agentic Gunda provides a platform for building and operating AI voice agents that place lawful, consented outbound calls — including reminders, confirmations, follow-ups, and opt-in surveys. The Service enforces built-in guardrails: the AI always discloses that it is an automated assistant, documented consent is required for production calls, quiet hours and frequency limits are applied, and opt-out requests are honored automatically.

The Service is a tool that you configure and control. You are responsible for the agents you create, the contacts you call, and the outcomes of those calls. Agentic Gunda does not guarantee any particular result from use of the Service.

3. Eligibility & accounts

You must be at least 18 years old and capable of forming a binding contract to use the Service. You agree to provide accurate, current, and complete registration information and to keep it up to date.

You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activity that occurs under your account. Notify us promptly of any unauthorized use or suspected breach of security. You may not share, sell, or transfer your account without our written consent.

4. Acceptable use

Your use of the Service is governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. Among other things, it prohibits calling without documented consent, impersonation, threats or harassment, robocalling of purchased or scraped lists, and the collection of sensitive credentials such as passwords, one-time codes, or full payment card numbers. Violating the Acceptable Use Policy is a material breach of these Terms.

5. Customer responsibilities

You are solely responsible for how you use the Service and for complying with all laws that apply to your calling activity, including telemarketing, consumer-protection, and privacy laws. In particular, you agree to:

• Obtain and document consent. Only call recipients from whom you have obtained and can evidence valid consent, and honor do-not-call and opt-out requests without delay.
• Use the Service lawfully. Ensure your campaigns, scripts, disclosures, and call times comply with all applicable laws and regulations in the recipient’s jurisdiction.
• Present accurate caller ID. Only use caller identification you are authorized to use, and never spoof, falsify, or misrepresent the origin or purpose of a call.

You are responsible for the accuracy of the contact data, knowledge sources, and instructions you provide to your agents.

6. Fees & billing

Paid plans and usage are billed through our payment processor, Stripe. By providing payment information, you authorize us and Stripe to charge the applicable subscription and usage fees to your payment method. Fees are stated exclusive of taxes, which you are responsible for where required.

Usage-based charges — including per-minute call charges — accrue as you use the Service and are billed in arrears or against prepaid balances as described on our pricing pages. Test mode lets you exercise the platform without placing real production calls; test calls only reach a number you verify with a one-time code and are not subject to production usage charges.

Except where required by law, fees are non-refundable. We may change prices or introduce new charges on prospective notice. Failure to pay may result in suspension or termination of your access.

7. Service availability & changes

We strive to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable during maintenance, updates, or events outside our reasonable control, and telephony delivery depends on third-party carriers.

We may add, modify, or discontinue features of the Service at any time. Where a change materially reduces core functionality of a paid plan, we will make reasonable efforts to provide advance notice.

8. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your requirements, that AI-generated output will always be accurate, or that calls will be delivered without interruption.

The compliance guardrails in the Service are safeguards, not a substitute for your own legal review. You remain responsible for determining whether your use of the Service is lawful in your circumstances.

9. Limitation of liability

To the maximum extent permitted by law, Agentic Gunda and its affiliates, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Service.

Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the amounts you paid to us for the Service in the [twelve (12) months] preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless Agentic Gunda and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the Service, the calls you place, your content and contact data, your violation of these Terms or the Acceptable Use Policy, or your violation of any law or the rights of any third party.

11. Termination & suspension

You may stop using the Service and close your account at any time. We may suspend or terminate your access, in whole or in part, if you breach these Terms or the Acceptable Use Policy, if required by law, or if we reasonably believe your use poses a risk to recipients, the Service, or others. Where practical and lawful, we will provide notice.

Upon termination, your right to use the Service ceases. Provisions that by their nature should survive — including billing for amounts owed, disclaimers, limitations of liability, indemnification, and governing law — will survive termination.

12. Governing law

These Terms are governed by the laws of [jurisdiction to be determined by counsel], without regard to its conflict-of-laws rules. The courts located in [venue to be determined by counsel] will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, subject to any mandatory consumer-protection rights you may have in your place of residence.

13. Changes to terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service.

14. Contact

Questions about these Terms can be directed to our legal team at legal@agenticgunda.com.