Terms of Service

Effective Date: May 15, 2026
Last Updated: May 15, 2026

These Terms of Service ("Terms") govern your access to and use of the voice AI agent platform, telephony, SMS/MMS messaging, websites, APIs, and related services (collectively, the "Services") provided by BeAuthentic Inc. ("BeAuthentic," "we," "us," or "our"). By accessing or using the Services, by being called by or calling a BeAuthentic voice AI agent, or by opting in to receive text messages from us, you agree to these Terms. If you are entering into these Terms on behalf of a company or other entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.

1. The Services

BeAuthentic provides software that enables businesses ("Clients") to deploy AI-powered voice agents that place and receive phone calls and to send and receive related SMS/MMS messages with their end users. Features include automated speech recognition, large-language-model dialogue, text-to-speech, call routing and transfer, transcription, summarization, and integrations.

2. Eligibility and Accounts

• You must be at least 18 years old and capable of forming a binding contract to use the Services.
• You are responsible for the accuracy of information you provide and for keeping your account credentials secure.
• You are responsible for all activity on your account, whether or not authorized by you.

3. Voice AI Disclosure and Consent

The Services use artificial intelligence to generate and process voice and text. When you interact with a BeAuthentic voice AI agent:

• The agent will identify itself as an automated AI system at the start of the call, in compliance with applicable AI-disclosure laws (including, where applicable, the FCC TCPA framework and state laws such as California Bus. & Prof. Code §17941 and similar regulations).
• You acknowledge that the agent is not a human, that responses are generated by AI, and that the agent may not be appropriate for emergencies or for legal, medical, or financial advice. If you are experiencing an emergency, hang up and dial 911 (or your local emergency number).
• You may end the call at any time, request a human representative where available, or refuse to consent to recording. Declining consent may limit our ability to provide the Services.

4. SMS / Text Messaging Terms (A2P 10DLC)

5. Acceptable Use

You agree that you will not, and will not allow any third party to:

• Use the Services to send or facilitate any message or call that violates applicable law, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), the CAN-SPAM Act, state telemarketing or anti-spoofing laws, federal and state Do-Not-Call rules, the CTIA Messaging Principles and Best Practices, or carrier rules and the A2P 10DLC requirements of The Campaign Registry and U.S. wireless carriers;
• Send messages or place calls without the recipient's prior express consent at the level required for the type of message (including, where applicable, prior express written consent for marketing autodialed/prerecorded messages);
• Send or facilitate SHAFT-restricted content (Sex, Hate, Alcohol, Firearms, Tobacco) except as permitted by carriers and only with appropriate age-gating and disclosures, or any prohibited content categories such as cannabis (including CBD), illegal substances, gambling without proper licensing, payday or short-term high-interest loans, debt collection or credit-repair content that violates carrier rules, deceptive or fraudulent schemes, "get rich quick" offers, multi-level-marketing recruitment, phishing, malware, or sexually explicit content;
• Use the Services to impersonate any person or entity, to mask the originating number in a misleading way, to circumvent caller-ID authentication (STIR/SHAKEN), or to evade opt-out, blocking, or filtering;
• Use the Services to clone a person's voice without that person's verifiable, informed consent, or to generate content intended to defraud, deceive, harass, defame, or harm any person;
• Use the Services in connection with elections, political campaigns, or robocalls in any manner that violates applicable law;
• Send protected health information (PHI), payment card data, or other regulated data through the Services unless you have entered into a separate written agreement with BeAuthentic governing that data;
• Reverse engineer, decompile, scrape, or attempt to extract source code, models, or training data from the Services;
• Interfere with, disrupt, overload, or attempt to gain unauthorized access to the Services or any network or system connected to them;
• Use the Services to build a competing product or to train a competing AI model.

6. Client Responsibilities for Consent and Content

If you use BeAuthentic to contact your own end users, you represent and warrant that:

• You have obtained, and can document on request, all consents required by applicable law for each call and each text message, including the level of consent (e.g., prior express consent vs. prior express written consent) required for the content of that communication;
• You will honor opt-out requests promptly (within 10 business days, and in any event as required by law) across all channels, and you will not contact a number after it has opted out except where expressly permitted (e.g., HELP responses, final confirmation messages);
• You will accurately register your brand and campaigns through The Campaign Registry (TCR) for 10DLC, will provide truthful information, and will keep that information current; and
• You are solely responsible for the lawfulness of the content of your calls and messages, and for any voice clone, persona, or script used by your AI agent.

7. Fees and Payment

Fees, if any, are set forth in an order form, online checkout, or written agreement between you and BeAuthentic. Unless stated otherwise, fees are due in U.S. dollars, are non-refundable except as required by law, and are exclusive of taxes, telecommunications surcharges, and carrier pass-through fees, which are your responsibility.

8. Intellectual Property

BeAuthentic and its licensors retain all right, title, and interest in and to the Services, including all software, models, documentation, and trademarks. Subject to these Terms, BeAuthentic grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services. You retain ownership of the content you submit to the Services ("Customer Content") and grant BeAuthentic a worldwide, royalty-free license to host, process, transmit, and display Customer Content as necessary to provide and improve the Services, and to create de-identified or aggregated data that does not identify you or any individual.

9. Third-Party Services

The Services rely on third-party telecommunications carriers, messaging aggregators, and AI infrastructure providers. We are not responsible for the acts or omissions of these third parties, including dropped calls, delivery failures, latency, or content filtering by carriers.

10. Privacy

Our collection, use, and disclosure of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

11. Termination

You may stop using the Services at any time. We may suspend or terminate your access to the Services, in whole or in part, immediately and without notice if we believe in good faith that you have violated these Terms, that your use creates a security, legal, or carrier-compliance risk, or that suspension is required by law. Sections that by their nature should survive (including Sections 5, 6, 8, 12, 13, 14, 15, and 16) will survive termination.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. BEAUTHENTIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, OR RELIABLE. THE SERVICES ARE NOT DESIGNED FOR EMERGENCY COMMUNICATIONS AND MUST NOT BE RELIED UPON FOR EMERGENCY, LIFE-SAFETY, OR HIGH-RISK USES.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEAUTHENTIC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BEAUTHENTIC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO BEAUTHENTIC FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

14. Indemnification

You will defend, indemnify, and hold harmless BeAuthentic and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your Customer Content or the content of any call or message you send through the Services; (c) your violation of these Terms, applicable law, the TCPA, the TSR, CAN-SPAM, CTIA guidelines, A2P 10DLC requirements, or carrier rules; or (d) your violation of any third-party right, including privacy or intellectual-property rights.

15. Governing Law; Arbitration; Class-Action Waiver

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Services will be resolved by final and binding arbitration administered by JAMS in Santa Clara County, California, before a single arbitrator, under the JAMS Streamlined Arbitration Rules. Judgment on the award may be entered in any court of competent jurisdiction. You and BeAuthentic each waive any right to participate in a class action or class-wide arbitration. Either party may seek injunctive or other equitable relief in court for actual or threatened infringement of intellectual-property rights. If the arbitration agreement is found unenforceable, the parties consent to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.

16. Changes to the Terms

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date above and, for material changes, provide additional notice. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

17. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any order form or written agreement signed by both parties, are the entire agreement between you and BeAuthentic regarding the Services.
• Assignment. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, financing, or sale of assets.
• Severability. If any provision is unenforceable, the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Notices. We may give notice through the Services, by email, or by other reasonable means. Notices to BeAuthentic must be sent to the address below.

18. Contact

BeAuthentic Inc.
PO Box 478
Santa Clara, CA
Email: info@beauthentic.io