Terms of Service

Last updated: October 29, 2025

1) Acceptance & Scope

These Terms of Service (“Terms”) govern your business’s use of Mosik AI’s platform, including AI voice agents for inbound and outbound calling, SMS and email messaging, APIs, dashboards, and related features (collectively, the “Services”). By creating an account, requesting a demo or trial, or using the Services, you agree to these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.

2) Accounts, Identity & Contact Permissions

Accurate info: You’ll provide and maintain accurate business and user information (name, company, email, phone) and safeguard credentials.
Responsibility: You are responsible for activity under your account and for your end users’ compliance with these Terms.
Contact consent: By creating an account, requesting a call/demo/trial, or otherwise submitting your email or phone number, you consent to Mosik AI contacting you via SMS, email, and phone (including via automated systems) for onboarding, service notices, account/security alerts, and marketing. You may opt out of marketing at any time (reply “STOP” to SMS or use email unsubscribe); transactional notices will continue.

3) AI Calling, Consent & Compliance

Our AI agents can handle inbound calls to your numbers and place outbound calls you initiate/configure.

Calls and Texts: By providing your phone number and checking the SMS box, you agree that Mosik AI may contact you by call and text about your request. This is a one-time message. Msg and data rates may apply. 1 msg per request. Reply STOP to cancel, HELP for help. Consent is not a condition of purchase. You confirm you are the owner of the number and will tell us if it changes.
Consent & laws: You are responsible for obtaining and honoring all legally required consents for automated calls/messages, and for complying with applicable communications, consumer protection, and privacy laws (e.g., U.S. TCPA/TSR, state mini-TCPA, Do-Not-Call rules, opt-out requirements). You must not place marketing calls or texts without valid consent.
Recording & disclosure: If you enable call recording/transcription, you will ensure required one-party/two-party consent notices are provided to callers in relevant jurisdictions. We can play a recording notice if you enable it.
Emergency use: The Services are not designed for emergency communications (e.g., 911). Do not use Mosik AI for emergencies; we disclaim any liability for such attempts.

4) Minutes Wallet, Billing & Taxes

Wallet: Your account includes a minutes wallet. Usage debits in real time by the second; dashboard shows allocated, used, and remaining minutes.
Purchases: Top-ups are credited instantly upon successful payment. Rates and billing increments are posted in the dashboard and may vary by destination and features.
No rounding up: Calls accrue exact decimal minutes (per-second metering). Totals may display with standard decimal precision.
Auto-recharge (optional): If enabled, you authorize recurring charges to keep your wallet funded.
Refunds: Except where required by law or stated otherwise in writing, minute purchases are non-refundable and have no cash value.
Taxes: Fees exclude taxes and duties; you’re responsible for applicable taxes.
Delinquency: We may suspend Services for non-payment or insufficient balance.

5) Privacy, Security & HIPAA

Privacy Policy: Our data practices are described in our Privacy Policy, which is incorporated by reference.
Data we process: Account details; call metadata (time, duration, numbers); optional call recordings and transcripts; configuration data; and integration payloads.
HIPAA: For healthcare use cases involving Protected Health Information (PHI), Mosik AI can operate in a HIPAA-compliant manner. If you are a Covered Entity or Business Associate, you must notify us and execute a Business Associate Agreement (BAA) before transmitting PHI. Without a BAA in place, you agree not to submit PHI to the Services.
Security: We implement reasonable administrative, technical, and physical safeguards. You’re responsible for securing your endpoints, credentials, and integrations.

6) Call Content, Recordings & Transcripts

Your content: You retain ownership of your scripts, prompts, recordings, and transcripts. You grant Mosik AI a limited license to host, process, and transmit that content solely to provide, maintain, and improve the Services.
Quality & improvement: Where permitted by law and your settings/agreements (including any BAA), we may use de-identified/aggregated data to improve accuracy, reliability, and abuse detection.
Retention: Retention periods are shown in the dashboard or your agreement; you may request deletion per our Privacy Policy (subject to legal holds/backups).

7) Acceptable Use

No illegal, harmful, deceptive, harassing, hateful, or infringing content or activity.
No calling or texting persons on applicable Do-Not-Call lists (unless a valid exemption/consent applies).
No spoofing or misrepresenting caller identity in violation of law.
No spam or mass unsolicited marketing without explicit, provable consent.
No interference with Service integrity (e.g., scraping, load testing without consent, reverse engineering, or attempting to bypass controls).

We may suspend or terminate access for violations or risk to the platform, and will attempt to notify you where reasonable.

8) Integrations & Third-Party Providers

The Services may rely on telephony carriers, speech providers, analytics, or CRM/calendar tools you connect. Each third party has its own terms; you agree to comply with them.
Mosik AI is not liable for outages or changes in third-party services. We transmit data only as needed to operate integrations per our Privacy Policy.
If you provide credentials (e.g., API keys), you authorize us to use them solely to enable the integration.

9) Service Availability, Support & Changes

Availability: We aim for high uptime but do not guarantee uninterrupted service. Maintenance and provider outages may occur.
Support: Channels and hours are listed in the dashboard.
Changes: We may improve, modify, or discontinue features. Material changes to these Terms will be posted in the dashboard or sent via email/SMS.

10) Intellectual Property

Mosik AI owns the platform, software, models, and documentation. No rights are granted except as expressly stated.
Feedback is welcome; we may use it without obligation.

11) Fees, Term & Termination

These Terms apply while you use the Services. Either party may terminate for convenience (closing your account) or for cause (e.g., breach, non-payment).
Upon termination, access ceases and non-expired minutes are forfeited unless required otherwise by law or a signed agreement. Certain clauses survive (e.g., IP, confidentiality, limits of liability, governing law).

12) Warranties & Disclaimers

The Services are provided “as is” and “as available”. To the maximum extent permitted by law, Mosik AI disclaims implied warranties (merchantability, fitness for a particular purpose, non-infringement) and does not warrant uninterrupted or error-free operation, or perfect AI understanding/output.
You are responsible for reviewing agent outputs and configuring guardrails appropriate for your use case.

13) Limitation of Liability

To the maximum extent permitted by law, Mosik AI and its affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits, revenue, or data; or business interruption, even if advised of the possibility. Our aggregate liability for all claims in any 12-month period will not exceed the fees you paid to Mosik AI for the Services in that period (or $100 if no fees were paid).

14) Confidentiality

Each party may receive non-public information marked or reasonably understood as confidential. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and not disclose it except to personnel/contractors bound by similar obligations or as required by law.

15) Governing Law & Venue

These Terms are governed by the laws of the State of Texas (without regard to conflicts principles). The state and federal courts located in Texas have exclusive jurisdiction and venue for disputes not subject to another written agreement.

16) Miscellaneous

Assignment: You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
Severability & waiver: If any provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver.
Entire agreement: These Terms plus the Privacy Policy (and any signed order/BAA) are the entire agreement and supersede prior understandings.
Contact: hello@mosikai.com