Terms of Service

1.1 — Acceptance Through Use

By accessing, purchasing, subscribing to, or using the Services, or by clicking "accept," "agree," "continue," "purchase," "subscribe," or any similar button or checkbox, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not access or use the Services.

1.2 — Authority to Bind an Entity

If you access or use the Services on behalf of a company, organization, agency, business, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

1.3 — Eligibility

To use the Services, you must:

• Be at least eighteen (18) years old, or the age of majority in your jurisdiction, whichever is higher
• Have legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable law
• Not be a competitor using the Services for competitive purposes
• Not use the Services to build, train, benchmark, reverse engineer, copy, or develop a competing service
• Comply with these Terms and all incorporated policies

1.4 — Incorporated Policies

These Terms incorporate by reference the following Castiglia AI policies:

• Privacy Policy
• Data Policy
• Acceptable Use Policy
• Refund, Dispute, and Revenue Protection Policy
• Any applicable order form, invoice, statement of work, or written agreement

1.5 — Changes to These Terms

Castiglia AI may update, modify, or replace these Terms at any time. Changes become effective upon posting. Your continued use after changes become effective constitutes acceptance of the revised Terms.

2.1 — AI and Automation Services

Castiglia AI provides AI-powered business automation services, which may include:

• AI voice and chat assistants
• Automated outbound and inbound calling workflows
• Appointment setting and booking automation
• Lead follow-up systems
• CRM and marketing automation integrations
• Call transcription and summarization
• Workflow design, implementation, and consulting
• Knowledge base configuration and business process automation

2.2 — Third-Party Providers

Certain features may rely on third-party technology providers. You acknowledge that Castiglia AI is not liable for failures, delays, or restrictions caused by third-party providers outside its reasonable control.

2.3 — Optional White Label Services

Unless expressly authorized in writing by Castiglia AI, customers may not resell, sublicense, rebrand, white label, frame, mirror, or otherwise make the Services available to third parties as their own product.

2.4 — Changes to Services

Castiglia AI reserves the right to modify, withdraw, suspend, discontinue, replace, or limit any part of the Services at any time, with or without notice.

3.1 — Account Registration

You may be required to create an account or provide information to access certain Services. You agree to provide accurate, complete, and current information and to promptly update such information as necessary.

3.2 — Account Responsibility

You are responsible for maintaining the confidentiality of credentials, all activity occurring under your account, and all use of the Services by your employees, contractors, agents, and authorized users. You must promptly notify Castiglia AI of any unauthorized access.

3.3 — Authorized Users

You may permit employees, contractors, or other authorized users to access the Services only for your internal business purposes. You remain fully responsible for all acts and omissions of your authorized users.

3.4 — Suspension or Termination of Access

Castiglia AI may suspend, disable, restrict, or terminate your account at any time, with or without notice, if it determines you violated these Terms, your use creates risk, your account is past due, or payment fails or is disputed.

4.1 — Lawful Use

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that could damage, disable, overburden, impair, or create risk to Castiglia AI, the Services, third-party providers, or any person or entity.

4.2 — Compliance with Applicable Laws

You are solely responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and governmental requirements, including federal, state, local, telecommunications, telemarketing, privacy, data protection, consumer protection, advertising, and call recording laws. Castiglia AI does not provide legal advice.

4.3 — Communications Compliance

If you use the Services for voice calls, SMS, email, chat, AI assistants, or similar communications, you are solely responsible for compliance with all applicable communications laws, including TCPA, TSR, CAN-SPAM, Do Not Call requirements, state mini-TCPA laws, call recording and consent laws, and industry-specific regulations.

4.4 — Consent and Contact Lists

You are solely responsible for ensuring you have all legally required consents before contacting any person or entity. You represent and warrant your contact lists were collected lawfully and that you will honor all opt-out, unsubscribe, and Do Not Call requests.

4.5 — Call Recording and AI Disclosure

You are solely responsible for providing legally required disclosures and obtaining consent before recording, transcribing, monitoring, or using AI in connection with communications. Where required by law, you must disclose when a recipient is interacting with an AI system.

4.6 — Industry-Specific Compliance

If you use the Services in a regulated industry (insurance, mortgage, healthcare, financial services, legal, etc.), you are solely responsible for complying with all applicable industry-specific laws. Castiglia AI does not act as your compliance officer, legal advisor, or licensed professional.

5.1 — Violate Laws or Rights

Violate any applicable law, regulation, court order, or contractual obligation; violate privacy, publicity, intellectual property, consumer protection, telecommunications, or data protection rights; or engage in unlawful surveillance, recording, or data collection.

5.2 — Unlawful Communications

Send spam, phishing, or deceptive messages; send automated calls or messages without required consent; contact individuals on Do Not Call lists without lawful authorization; or fail to honor opt-outs.

5.3 — Mislead, Impersonate, or Deceive

Impersonate any person or entity; misrepresent your identity or purpose; use misleading caller ID or spoofing; or present AI communications as human-generated where disclosure is required.

5.4 — Harm Others

Harass, threaten, abuse, exploit, defame, or harm any person; target or exploit minors; or generate hateful, discriminatory, violent, abusive, obscene, or otherwise harmful content.

5.5 — High-Risk Uses Without Human Review

Use the Services as the sole basis for decisions involving medical diagnosis, legal advice, financial advice, emergency response, crisis intervention, law enforcement, credit decisions, insurance underwriting, or any application where AI reliance could cause personal injury, death, or significant harm.

5.6 — Interfere with the Services

Interfere with or disrupt the Services; attempt unauthorized access to systems, accounts, or data; introduce malware or harmful code; or circumvent security features, rate limits, or content filters.

5.7 — Competitive or Unauthorized Use

Use the Services to build or benchmark competing products; copy features, workflows, or prompts; scrape outputs for model training; or resell or white label the Services without written authorization.

6.1 — Nature of AI Outputs

The Services may use artificial intelligence, machine learning, natural language processing, and speech technology to generate voice, text, summaries, classifications, recommendations, or other outputs ("AI Outputs"). You acknowledge that AI Outputs may be inaccurate, incomplete, outdated, misleading, or contain errors.

6.2 — Customer Review Required

You are solely responsible for reviewing, validating, verifying, supervising, and approving all AI Outputs before relying on them in any operational, legal, medical, financial, compliance, customer-facing, or regulated context.

6.3 — No Professional Advice

Castiglia AI does not provide legal, medical, financial, tax, accounting, insurance, mortgage, healthcare, compliance, or other professional advice. AI Outputs are not a substitute for professional advice or human judgment.

6.4 — Customer Responsibility for Use of Outputs

You are solely responsible for determining whether AI Outputs are appropriate for your use case, reviewing and correcting AI Outputs, ensuring compliance with applicable law, and supervising all workflows and assistants.

7.1 — Fees

You agree to pay all fees, charges, subscriptions, usage costs, implementation fees, setup fees, consulting fees, add-on fees, overage charges, third-party pass-through charges, taxes, and other amounts associated with your purchase or use of the Services.

7.2 — Payment Authorization

By providing a payment method, you authorize Castiglia AI and its payment processors to charge your payment method for all amounts due, including recurring subscription fees, usage-based fees, pass-through charges, and applicable taxes.

7.3 — Third-Party and Usage-Based Charges

Certain features may incur usage-based or third-party pass-through charges, including voice minutes, telephony charges, SMS charges, phone numbers, transcription, AI model usage, data storage, integrations, API usage, and other third-party services. You are responsible for all such charges.

7.4 — Subscriptions

Subscriptions may renew automatically unless cancelled in accordance with the applicable plan. Cancellation generally takes effect at the end of the then-current billing period unless otherwise stated in writing.

7.5 — Failed Payments

If payment fails, is declined, reversed, disputed, or otherwise not received, Castiglia AI may suspend access, restrict functionality, disable assistants or workflows, cancel subscriptions, terminate Services, or pursue collection of outstanding balances. You remain responsible for all amounts owed during any suspension period.

7.6 — Taxes

Fees do not include taxes unless expressly stated. You are responsible for all applicable taxes, duties, levies, assessments, and governmental charges, excluding taxes based solely on Castiglia AI's income.

7.7 — Collections

If amounts owed are not paid when due, Castiglia AI may pursue collection through lawful means, including internal collections, third-party collection agencies, legal proceedings, or arbitration. You agree to reimburse Castiglia AI for reasonable collection costs, including attorney's fees where permitted by law.

8.1 — Refund Policy Incorporated

All payments, refunds, disputes, cancellations, chargebacks, reversals, and revenue protection matters are governed by the Castiglia AI Refund, Dispute, and Revenue Protection Policy, incorporated into these Terms by reference.

8.2 — All Sales Generally Final

Unless otherwise required by applicable law or expressly agreed in writing by Castiglia AI, all sales, subscriptions, implementation fees, setup fees, consulting fees, custom development fees, AI services, and recurring service charges are final and non-refundable.

8.3 — Good Faith Billing Resolution

If you believe a billing error has occurred, you agree to contact Castiglia AI first and provide a reasonable opportunity to resolve the issue before initiating a chargeback, payment dispute, bank claim, or similar payment challenge.

8.4 — Chargebacks and Payment Disputes

Initiating a chargeback, payment reversal, or dispute for Services that were delivered, rendered, performed, made available, or used may constitute a material breach of these Terms. Upon such breach, Castiglia AI may immediately suspend Services, disable accounts, revoke access, cancel subscriptions, withhold future deliverables, and refuse future service.

8.5 — Recovery of Costs

If Castiglia AI successfully demonstrates that disputed Services were delivered, you agree to reimburse Castiglia AI for costs incurred in defending or responding to the dispute, including chargeback fees, processor fees, bank fees, collection fees, administrative expenses, investigation costs, legal fees, and court costs where permitted by law.

9.1–9.2 — Customer Ownership

"Customer Data" means data, content, materials, records, files, prompts, scripts, contact lists, CRM records, leads, recordings, transcripts, call logs, messages, knowledge base materials, uploaded documents, configurations, and other information submitted to or processed by the Services on your behalf. As between you and Castiglia AI, you retain ownership of your Customer Data.

9.3 — License to Provide Services

You grant Castiglia AI a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and use Customer Data solely as necessary to provide, support, secure, troubleshoot, and improve the Services in accordance with the Data Policy.

9.4 — No Sale of Customer Data

Castiglia AI does not sell Customer Data, including customer contact lists, call recordings, transcripts, prompts, CRM records, lead lists, uploaded documents, business information, or customer communications.

11.1 — Castiglia AI Ownership

Castiglia AI and its licensors retain all right, title, and interest in and to the Services, including software, source code, platform architecture, AI orchestration systems, workflows, templates, prompts, interfaces, APIs, integrations, documentation, analytics, improvements, trademarks, and branding. Except for the limited rights expressly granted, no rights are transferred to you.

11.2 — Limited License

Subject to compliance with these Terms and payment of all applicable fees, Castiglia AI grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your internal business purposes during the applicable subscription or service term.

11.3 — Restrictions

You may not copy, reproduce, modify, distribute, sell, sublicense, or exploit the Services; reverse engineer or decompile them; build a competing product; remove proprietary notices; use the Services for unauthorized benchmarking; or scrape, harvest, or extract data from the Services.

11.4 — Feedback

If you provide Castiglia AI with suggestions, ideas, improvements, feature requests, or other input, you grant Castiglia AI a perpetual, irrevocable, worldwide, royalty-free right to use, modify, commercialize, and incorporate such feedback without restriction or compensation.

11.5 — Work Product and Custom Services

Unless otherwise expressly agreed in writing, Castiglia AI owns all work product, deliverables, configurations, templates, workflows, automations, scripts, prompts, systems, processes, documentation, and code created by Castiglia AI in connection with the Services.

15.1–15.2 — Termination Rights

You may stop using the Services at any time; recurring subscriptions may be cancelled according to the applicable plan. Cancellation does not relieve you of charges already incurred. Castiglia AI may suspend or terminate your access at any time, with or without notice, if you breach these Terms, violate an incorporated policy, fail to pay amounts owed, initiate a chargeback, or if your use creates risk or liability.

15.3 — Effect of Termination

Upon termination, your right to access and use the Services immediately ends. You must stop using the Services. Castiglia AI may disable accounts, assistants, workflows, integrations, and phone numbers. Outstanding amounts become due. Castiglia AI may delete or retain data in accordance with the Data Policy and applicable law.

15.4 — Survival

Provisions regarding payment obligations, intellectual property, confidentiality, data use, disclaimers, limitations of liability, indemnification, dispute resolution, collections, and general provisions survive termination.

19.1–19.2 — Governing Law and Venue

These Terms shall be governed by the laws of the State of Texas, without regard to conflict of law principles. Subject to the arbitration provision, legal proceedings shall be brought exclusively in state or federal courts located in Texas. You irrevocably consent to the personal jurisdiction and venue of such courts.

19.3 — Arbitration Option

At Castiglia AI's sole discretion, Castiglia AI may require any dispute, claim, or controversy to be submitted to binding arbitration before a single arbitrator, administered under AAA rules or another arbitration provider selected by Castiglia AI. The arbitrator's decision shall be final and binding.

19.4 — Class Action Waiver

You agree that any dispute shall be brought only in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

19.5 — Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND CASTIGLIA AI WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

19.6 — Time Limit to Bring Claims

Any claim or cause of action arising out of or relating to these Terms or the Services must be filed within six (6) months after the claim arose, unless a longer period is required by applicable law. Any claim not filed within that period is permanently barred.

19.7 — Attorney's Fees

In any action, arbitration, collection matter, or proceeding arising out of or relating to these Terms, Castiglia AI shall be entitled to recover reasonable attorney's fees, court costs, arbitration costs, collection costs, and related expenses where permitted by law.