Terms of Service

Welcome to Aimna. These Terms of Service ("Terms") govern your access to and use of the Aimna platform, website (aimna.app), APIs, and all related services (collectively, the "Services") provided by Aimna Technologies, Inc. ("Aimna," "we," "us," or "our").

By accessing or using our Services, you ("Customer," "you," or "your") agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Services. We encourage you to read these Terms carefully before using our platform.

1.1 Cloud Services

Aimna provides a cloud-based AI voice agent platform that enables customers to build, deploy, and manage AI-powered phone agents. Our cloud services include voice agent infrastructure, real-time speech-to-text, text-to-speech, LLM orchestration, telephony routing, call recording, transcription, post-call analysis, knowledge base management, and related APIs.

1.2 Professional Services

We may offer professional services including agent configuration, custom integration development, voice optimization, and training. Professional services are provided under separate statements of work and are subject to additional terms as specified therein.

1.3 Service Availability

We strive to maintain high availability of our Services. However, we reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice. Planned maintenance windows will be communicated in advance.

2.1 Pricing

Services are billed on a pay-as-you-go basis unless otherwise specified in an enterprise agreement. Current pricing is available at aimna.app/pricing. All fees are quoted in U.S. Dollars and are exclusive of applicable taxes.

2.2 Payment Authorization

By providing a payment method, you authorize Aimna to charge your payment method for all fees incurred through your use of the Services. You are responsible for keeping your payment information current and valid.

2.3 Credits & Prepayment

Usage is deducted from your credit balance in real-time. When your balance reaches zero, new calls will not connect until additional credits are purchased. Active calls in progress will be allowed to complete. Refund eligibility for unused credits is governed by our Refund Policy.

2.4 Late Payment

Any amounts not paid when due will accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. You are responsible for all costs of collection, including reasonable attorneys' fees.

2.5 Price Changes

We may modify our pricing with at least 30 days' prior notice. Continued use of the Services after a price change constitutes acceptance of the new pricing. Enterprise customers with executed agreements are subject to the pricing terms in their agreements.

2.6 Chargebacks & Disputes

If you initiate a chargeback or payment dispute with your payment provider without first contacting us, your account will be immediately suspended and all credits forfeited, as specified in our Refund Policy. We reserve the right to dispute any chargebacks that we believe are improper or fraudulent.

You are responsible for:

• All activity that occurs under your account, including use by your employees, contractors, and agents.
• Ensuring that your use of the Services complies with all applicable laws, regulations, and industry standards.
• The content, accuracy, and legality of all data, prompts, knowledge base materials, and configurations you provide to the Services.
• Obtaining all necessary consents from individuals contacted through the Services, including consent for AI-generated voice calls and call recording.
• Maintaining the security of your account credentials and API keys. You must notify us immediately of any unauthorized access.

4.1 General Restrictions

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights.
• Transmit malware, viruses, or any harmful code.
• Interfere with or disrupt the integrity or performance of the Services.
• Attempt to gain unauthorized access to the Services or related systems.
• Reverse engineer, decompile, or disassemble any part of the Services.
• Resell or redistribute the Services without prior written authorization.
• Generate, store, or transmit content that is unlawful, defamatory, or harmful.
• Impersonate any person or entity, or falsely represent your affiliation.

4.2 Telemarketing Compliance

If you use the Services for outbound calling, you must comply with all applicable telemarketing laws and regulations, including but not limited to:

• The Telephone Consumer Protection Act (TCPA) and FCC implementing regulations.
• The FTC Telemarketing Sales Rule (TSR).
• State-specific telemarketing and Do-Not-Call laws.
• All applicable international telemarketing regulations if placing calls outside the United States.

4.3 Do-Not-Call Compliance

You must scrub your calling lists against the National Do-Not-Call Registry at least every 31 days. You must also maintain and honor your own internal Do-Not-Call list. Aimna is not responsible for your compliance with Do-Not-Call regulations.

4.4 AI Voice Disclosure

You must disclose to call recipients that they are speaking with an AI-powered agent when required by applicable law. You are responsible for ensuring your agents include appropriate disclosure language in their conversation flow.

4.5 Voice Rights & Consent

You must have all necessary rights and consents to use any voice, likeness, or persona in your AI agents. You may not clone, replicate, or use any person's voice without their explicit written consent.

4.6 Enforcement

We reserve the right to suspend or terminate your account and access to the Services if we determine, in our sole discretion, that you have violated this Acceptable Use Policy. In the event of such termination, you forfeit all remaining credits and are not eligible for any refund, as specified in our Refund Policy.

You agree to indemnify, defend, and hold harmless Aimna, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services or violation of these Terms.
• Your content, data, or configurations provided to the Services.
• Your violation of any applicable law or regulation.
• Any claim that your use of the Services infringes or misappropriates a third party's intellectual property rights.

Aimna will defend you against any third-party claim alleging that the Services, as provided by Aimna, infringe such third party's intellectual property rights, subject to your prompt notification and cooperation.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.AIMNA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AIMNA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIMNA WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

We may offer beta, preview, or trial features that are not generally available. These features are provided "as-is" without any warranty or SLA commitment. We may discontinue beta features at any time without notice. Your use of beta features is at your own risk, and Aimna shall have no liability for any harm arising from your use of beta or trial services. Free trial credits are non-transferable and expire 90 days after issuance.

The Services are not designed or intended for use in high-risk activities where failure could lead to death, personal injury, or severe environmental damage. This includes, without limitation, medical life-support systems, aircraft navigation or control, nuclear facilities, autonomous vehicle control, or weapons systems. You agree not to use the Services for any such purposes, and Aimna disclaims all liability related to any such use.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AIMNA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

IN NO EVENT SHALL AIMNA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHERAIMNA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.1 Aimna IP

Aimna retains all right, title, and interest in and to the Services, including all software, algorithms, models, interfaces, documentation, and related intellectual property. These Terms do not grant you any ownership rights in the Services.

10.2 License Grant

Subject to your compliance with these Terms, Aimna grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during the term of your subscription solely for your internal business purposes.

10.3 Your Content

You retain all rights to the data, prompts, knowledge base content, and configurations you provide to the Services ("Your Content"). You grantAimna a limited license to use Your Content solely to provide and improve the Services.

10.4 AI-Generated Content

As between you and Aimna, you own the outputs generated by the AI agents you create and deploy through the Services, including call transcripts, analysis results, and extracted data. Aimna retains the right to use anonymized, aggregated data to improve the Services.

10.5 Feedback

If you provide feedback, suggestions, or ideas about the Services, Aimna may use such feedback without restriction or obligation to you.

The Services may record, transcribe, and analyze calls processed through the platform. You are responsible for complying with all applicable call recording consent laws, including one-party and two-party consent requirements.

Aimna may use de-identified and aggregated call data for analytics, service improvement, and benchmarking purposes. We will not share identifiable call data with third parties except as required to provide the Services or as required by law.

Call recordings and transcripts are stored securely and retained according to your account settings. You may delete recordings at any time through the dashboard or API.

Aimna targets 99.5% uptime for the cloud services, measured monthly, excluding scheduled maintenance windows. Enterprise customers may have enhanced SLAs (up to 99.99%) as specified in their enterprise agreements. Service availability status is published at our status page. Downtime caused by factors outside our reasonable control, including force majeure events, third-party provider outages, or customer-caused issues, is excluded from uptime calculations.

Aimna implements and maintains reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of your data. Our security practices include encryption in transit and at rest, access controls, regular security assessments, and incident response procedures.

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

In the event of a data security breach affecting your data, we will notify you in accordance with applicable law and our contractual obligations. Enterprise customers requiring HIPAA compliance must execute a separate Business Associate Agreement (BAA).

Aimna respects the intellectual property rights of others. If you believe that content available through the Services infringes your copyright, please submit a DMCA takedown notice to support@aimna.app with the following information: (a) identification of the copyrighted work, (b) identification of the infringing material, (c) your contact information, (d) a statement of good faith belief, (e) a statement of accuracy under penalty of perjury, and (f) your physical or electronic signature.

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by posting the updated Terms on our website and, where practicable, by email notification. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree with any changes, you must stop using the Services before the changes take effect.

You agree to comply with all applicable export control laws and regulations, including U.S. Export Administration Regulations (EAR) and sanctions programs administered by the Office of Foreign Assets Control (OFAC). You represent that you are not located in, or a national or resident of, any country subject to U.S. trade sanctions, and that you are not on any U.S. government restricted party list.

17.1 Informal Resolution

Before initiating any formal proceedings, you agree to contact us at support@aimna.app and attempt to resolve any dispute informally for at least 60 days.

17.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions.

17.3 Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Delaware, and the parties hereby consent to the personal jurisdiction and venue therein.

17.4 Class Action Waiver

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU AGREE THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.

17.5 Jury Trial Waiver

EACH PARTY HEREBY WAIVES ITS CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY WITH RESPECT TO ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

18.1 Termination by You

You may stop using the Services at any time. You may close your account via the dashboard or by contacting support@aimna.app. Refunds for unused credits upon voluntary account closure are governed by our Refund Policy.

18.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause. If we terminate your account for cause (including but not limited to violations of these Terms, the Acceptable Use Policy, or illegal activity), you forfeit all remaining credits and are not eligible for any refund.

18.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19.1 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

19.2 Assignment

You may not assign or transfer these Terms without Aimna's prior written consent. Aimna may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

19.3 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or internet or telecommunications failures. This section does not excuse payment obligations.

19.4 Entire Agreement

These Terms, together with any applicable enterprise agreement, order form, and our Privacy Policy, constitute the entire agreement between you and Aimna regarding the Services and supersede all prior agreements and understandings.

19.5 Survival

Sections relating to intellectual property, indemnification, limitation of liability, warranty disclaimer, and dispute resolution shall survive any termination or expiration of these Terms.

For questions about these Terms or our Services, please contact us:

• General Support & Legal: support@aimna.app
• Company: Aimna Technologies, Inc.