Terms Of Use
Welcome to Demand Agent, LLC (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website [www.demandagent.ai] (“Website”) and our AI communications agents (“Services”), which enable businesses to automate customer interactions via voice, text, and other channels. By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree, please do not use our Website or Services.
1. Acceptance of Terms
By using our Services, you represent that you are a business or authorized representative acting on behalf of a business, and you have the authority to enter into these Terms. If you are an individual, you must be at least 18 years old to use our Services. These Terms apply to all users, including account holders, employees, or customers interacting with our AI agents.
2. Use of Services
a. Permitted Use
You may use our Services for lawful business purposes, such as automating customer communications, in accordance with these Terms. You agree to:
- Provide accurate and complete information when creating an account or configuring AI agents.
- Use the Services in compliance with all applicable U.S. federal, state, and local laws, including data protection and telecommunications regulations.
- Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access at [info@demandagent.ai].
b. Prohibited Use
You may not:
- Use the Services for illegal, fraudulent, or harmful purposes, including sending spam or engaging in harassment.
- Interfere with or disrupt the Services, including introducing viruses, malware, or excessive automated requests.
- Use the Services to process or transmit Protected Health Information (PHI) without a signed Business Associate Agreement (BAA), if applicable.
- Attempt to access, copy, or use any part of the Services beyond your authorized access.
c. Intellectual Property and Trade Secrets
The Services, including all software, AI algorithms, call scripts, user interfaces, and related technologies, are the proprietary intellectual property of Demand Agent, protected by U.S. copyright, trademark, and trade secret laws. You agree not to:
- Reverse Engineer: Decompile, disassemble, or otherwise attempt to reverse engineer, derive source code, or uncover the underlying structure, algorithms, or processes of our Services or intellectual property.
- Replicate Trade Secrets: Copy, reproduce, or replicate our proprietary methods, workflows, or trade secrets, including AI agent configurations, response models, or integration frameworks, for your own or third-party use.
- Unauthorized Use: Modify, create derivative works from, or distribute any part of the Services without our express written consent.
Unauthorized attempts to reverse engineer or replicate our intellectual property may result in immediate termination of your account and legal action.
3. Account Responsibilities
- Account Setup: You are responsible for providing accurate business information and maintaining up-to-date account details.
- Security: You must safeguard your account credentials and promptly report any security breaches to [info@demandagent.ai].
- User Conduct: You are liable for all activities conducted under your account, including by your employees or authorized users.
4. Payments and Subscriptions
- Fees: Access to certain Services requires a paid subscription. Fees are outlined in your subscription agreement or on our Website. All payments are non-refundable unless otherwise stated.
- Billing: You agree to provide valid payment information and authorize us to charge applicable fees. We may suspend or terminate your account for non-payment.
- Price Changes: We may adjust subscription fees with 30 days’ notice via email or Website announcement. Continued use after changes constitutes acceptance.
5. Third-Party Integrations
Our Services may integrate with third-party platforms (e.g., CRM systems, calendars) you authorize. You are responsible for:
- Ensuring third-party platforms comply with your legal obligations (e.g., data protection laws).
- Reviewing the terms and privacy policies of third-party providers, as we are not liable for their practices.
6. Data and Privacy
Your use of the Services involves processing business and customer data. Our collection, use, and sharing of this data are governed by our Privacy Policy, which is incorporated into these Terms. By using our Services, you agree to the terms of our Privacy Policy, including our handling of personal information and compliance with laws like the California Consumer Privacy Act (CCPA) and, where applicable, the Health Insurance Portability and Accountability Act (HIPAA).
7. Intellectual Property Ownership
- Demand Agent’s IP: All content, software, and technologies provided through the Services, including AI agent designs and outputs, remain the sole property of Demand Agent. You are granted a limited, non-exclusive, non-transferable license to use the Services for your business purposes during your subscription term.
- Your Content: You retain ownership of data you input into the Services (e.g., call scripts, customer data). By providing this content, you grant us a worldwide, non-exclusive license to use, process, and display it solely to deliver the Services.
- Feedback: Any suggestions or feedback you provide about the Services may be used by us without obligation or compensation to you.
8. Termination
- By You: You may terminate your account by contacting us at [info@demandagent.ai] or through your account dashboard. No refunds will be issued for prepaid fees.
- By Us: We may suspend or terminate your access to the Services at our discretion, with or without notice, for reasons including:
- Violation of these Terms (e.g., reverse engineering, illegal use).
- Non-payment of fees.
- Suspected fraud or security risks.
- Effect of Termination: Upon termination, your access to the Services will cease, and we may delete your account data after 30 days, subject to legal retention requirements. Sections 2(c), 7, 9, 10, and 11 survive termination.
9. Disclaimers and Limitations of Liability
- As-Is Service: The Services are provided “as is” without warranties of any kind, express or implied, including fitness for a particular purpose or non-infringement. We do not guarantee uninterrupted, error-free, or secure access to the Services.
- Limitation of Liability: To the fullest extent permitted by U.S. law, Demand Agent shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Services, including loss of profits, data, or business opportunities. Our total liability shall not exceed the fees paid by you in the 12 months prior to the claim.
- AI Outputs: While we strive for accurate AI responses, you are responsible for reviewing and verifying outputs for accuracy and compliance with your business needs.
10. Indemnification
You agree to indemnify and hold harmless Demand Agent, its affiliates, and their respective officers, directors, and employees from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from:
- Your violation of these Terms.
- Your use or misuse of the Services.
- Any content you input into the Services that infringes third-party rights or violates applicable laws.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the United States and the State of [Insert State, e.g., Delaware], without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through:
- Informal Resolution: Contact us at [info@demandagent.ai] to resolve issues within 30 days.
- Arbitration: If unresolved, disputes shall be settled by binding arbitration in [Insert City, e.g., Wilmington, Delaware], under the rules of the American Arbitration Association. You waive the right to participate in class actions.
12. Changes to These Terms
We may update these Terms to reflect changes in our Services or legal requirements. We will notify you via email or a Website notice at least 30 days before significant changes take effect. Continued use of the Services after updates constitutes acceptance of the revised Terms.
13. Contact Us
If you have questions or concerns about these Terms, please contact us at info@demandagent.ai.