Terms of Service

1. The Service

Ciaomatic provides configurable AI voice agents that answer inbound telephone calls to numbers you rent from us or connect to us. You configure an agent's instructions, voice, language, and connected tools (such as calendar or email integrations). When a caller dials a connected number, the agent answers, converses using speech generated by third-party AI models, and may take actions you have configured, such as booking appointments.

The Service is provided during a closed beta and evolves continuously. We may add, change, or remove features, and access may be gated by invitation. Beta features are provided without any service-level commitment.

2. The agent is artificial intelligence; your responsibility for its conduct

The agent is not a human. It produces responses using automated AI models and can be inaccurate, incomplete, or unexpected. It is not a substitute for professional, legal, medical, financial, or emergency advice.

You are solely responsible for the instructions, prompts, knowledge, greetings, and connected tools you configure (your "Agent Configuration"), and for everything your agent says or does on your behalf. Your Agent Configuration is your Content. You must review and test your agent's behavior before directing live calls to it, and you are responsible for the outcomes of any action the agent takes (such as creating a booking or sending an email).

We do not guarantee that the agent will answer correctly, understand every caller, complete any task, or be available at any given moment. You must not configure the agent to give advice or make representations you are not lawfully permitted to make, and you must ensure callers are able to reach a human where the law or your own obligations require it.

3. Not an emergency service

Ciaomatic is NOT an emergency service and must NOT be used to contact, route to, or substitute for emergency services such as 911, 112, or any other emergency number. The agent cannot dispatch help, cannot reliably detect an emergency, and may be unavailable. Never rely on Ciaomatic in any situation where a failure to reach a person or emergency responder could lead to injury, loss of life, property damage, or other harm.

You are responsible for informing your callers and staff that Ciaomatic is not an emergency service and for providing an alternative means to reach emergency services and a live person when needed.

4. Call recording and consent

Call recording is off by default and is enabled only if you turn it on for your organization. When recording is enabled, we direct the agent to announce that the call is being recorded at the start of the call. This announcement is an aid to help you meet notice requirements; it is generated by an AI model over the voice channel and is NOT a guaranteed, auditable, or legally sufficient consent mechanism. It may be missing, mistimed, or worded differently on any given call.

You are solely responsible for determining whether, and on what legal basis, you may record calls, and for obtaining any consent or providing any notice required by law. This includes one-party and all-party (two-party) consent rules in the jurisdictions of you and your callers, and, where the GDPR or similar laws apply, identifying and documenting a lawful basis under Article 6 (and Article 9 where special-category data may be discussed). You must not enable recording where doing so would be unlawful.

Our respective roles for the personal data in recordings, transcripts, and caller phone numbers, and the retention of that data, are set out in our Data Processing Addendum, which forms part of these Terms where we act as your processor.

5. Fees, plans, and billing

The Service is paid from the first day of use. There is no free trial. To place live calls you must subscribe to a paid plan and provide a valid payment method. Billing is handled by our payment processor, Stripe.

Plans and included usage

We currently offer three monthly plans. Prices are charged in US dollars (USD), except that customers billed in a eurozone country are charged the same numeric amount in euros (EUR); the currency is determined at your first checkout and is fixed for the life of the subscription. Current list prices and allowances (which we may change on notice for future billing periods) are:

• Starter — 29 per month, includes 100 call minutes and 1 included phone number.
• Pro — 99 per month, includes 500 call minutes and 3 included phone numbers.
• Business — 299 per month, includes 1,500 call minutes and 10 included phone numbers.

Metered overage

Call minutes beyond your plan's included allowance are metered and billed in arrears at the plan's per-minute overage rate: 0.30 per minute on Starter, 0.25 per minute on Pro, and 0.20 per minute on Business (in your billing currency). Usage is measured from your completed calls. Test calls you place from the dashboard are not billed. The Starter plan is capped at its included minutes; on Pro and Business, overage is billed unless you have configured a usage cap.

Phone number rentals

Each plan includes a number of rented phone numbers as described above. Additional numbers, and numbers that are not eligible for inclusion, are billed as recurring quantity items added to your subscription. When you add numbers mid-period, the added quantity is prorated for the remainder of the period. When you remove numbers, we do not issue prorated credit for the removed quantity for the current period; the reduction takes effect for future periods. Some numbers and countries require regulatory bundles or addresses before purchase, which you are responsible for providing.

Taxes

Fees are exclusive of taxes. You are responsible for all sales, use, VAT, and similar taxes, except taxes on our income. Where we are required to collect tax, it will be added to your charges.

Payment, failed payment, and lapse

You authorize us and Stripe to charge your payment method for all fees when due. If a payment fails, your subscription may become past due and, if it is not cured, may lapse. While your subscription is not active, we may refuse to accept incoming calls. If your subscription lapses, a 30-day grace period applies to the phone numbers on your account; if the subscription is not reactivated within that period, we may release your rented numbers back to the underlying carrier, after which they may be lost permanently and reassigned to others. We will attempt to warn you by email before releasing numbers, but you are responsible for keeping your subscription current to retain your numbers.

Refunds and chargebacks

Except where required by law, fees are non-refundable, including subscription fees for a partial period and metered usage already incurred. If you initiate a chargeback or payment dispute that we determine to be unwarranted, we may suspend or terminate your account and pursue amounts owed. Please contact us at [[CONTACT_EMAIL]] before disputing a charge.

Changing plans

You may change plans from the dashboard. Plan changes take effect immediately and are prorated. Downgrades may reduce your included minutes and included numbers; numbers above the new allowance remain on your account and are billed as additional numbers. Numbers are released only if your subscription lapses, as described above.

6. Phone numbers

Phone numbers rented through the Service are provided by underlying carriers and are licensed to you for the duration of your paid subscription; you do not own them. We may be required to reclaim or change a number for regulatory, carrier, or abuse reasons. Numbers you connect through call forwarding or your own SIP/PBX remain with your own carrier and governed by your agreement with them; they are not subject to our rental billing and we never release them. Numbers you port to Ciaomatic, once the port completes, are managed like numbers purchased through the Service: they count toward rental billing and, if your subscription lapses, are subject to the grace period and release process described above. All other Terms apply to calls handled through any connected number.

7. Acceptable use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms. Violating it is a breach of these Terms and may result in immediate suspension or termination.

8. Compliance with laws

You are solely responsible for ensuring that your use of the Service complies with all laws and regulations that apply to you, in every jurisdiction where you operate and where you or your callers place or receive calls. This includes, without limitation, telecommunications, robocall, and telemarketing rules (including autodialer, caller-identification, and do-not-call requirements), consumer-protection laws, sector-specific and professional-confidentiality obligations (for example those governing medical, legal, or financial services), call-recording and interception laws, and data-protection laws beyond the matters addressed in our Data Processing Addendum.

This responsibility covers every aspect of how you use the Service, including your Agent Configuration and everything your agent says or does, the calls you handle (whether inbound, outbound, or forwarded to us), and any call recording you enable. It is your responsibility to determine what the law requires of you and to configure and operate your agents accordingly, including where the law requires you to disclose that a caller is speaking with an automated system, to obtain consent, or to give a caller the option to reach a human.

Features we provide to help you meet your obligations — such as the in-call recording announcement, verification and dialing controls, and configuration options — are aids only. They are not compliance guarantees, do not constitute legal advice, and do not relieve you of responsibility for your own compliance. You are responsible for obtaining your own legal advice about how the law applies to your particular use of the Service.

Specific prohibited uses are set out in our Acceptable Use Policy, which forms part of these Terms; nothing in this section limits the obligations it imposes on you.

9. Service limits, quotas, and suspension

To protect the Service and prevent abuse, we enforce limits including per-day test-call quotas, outbound dialing geographic restrictions, premium-rate destination blocking, phone-number purchase quotas, verification-send limits, and usage caps. These limits may change and are enforced automatically.

We may suspend or restrict your account or specific calls, with or without notice, if we reasonably believe you have breached these Terms or the Acceptable Use Policy, if your subscription is not active, if required by law or a carrier, or to protect the Service or third parties. Where a call is refused for these reasons, the caller may hear a busy or failure signal.

10. Your content and data

As between the parties, you retain all rights in your Agent Configuration, your account data, and the caller data processed through your agents (including recordings, transcripts, and caller phone numbers). You grant us a worldwide, non-exclusive license to host, process, transmit, and display your Content solely to provide and improve the Service and as permitted by our Privacy Policy and the DPA. You represent that you have all rights and permissions necessary for us to process this data on your behalf.

11. Intellectual property

The Service, including its software, model integrations, templates, and branding, is owned by us or our licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You may not copy, reverse-engineer, resell, or create derivative works of the Service except as permitted by law.

12. Third-party services

The Service relies on third-party providers, including telephony, AI model, infrastructure, payment, authentication, and email providers. Their availability and terms are outside our control, and outages or changes on their side may affect the Service. Where you connect your own third-party tools (such as a calendar), your use of those tools is governed by your agreement with their providers.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT AGENT RESPONSES WILL BE ACCURATE, OR THAT ANY CALL WILL BE ANSWERED OR COMPLETED. Nothing in these Terms excludes liability that cannot lawfully be excluded.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Service. Our total aggregate liability arising out of or relating to these Terms will not exceed the fees you paid to us for the Service in the three months before the event giving rise to the liability. These limits do not apply to liability that cannot be limited under applicable law.

15. Indemnification

You will defend, indemnify, and hold harmless Ciaomatic from and against any claims, damages, and costs (including reasonable legal fees) arising out of or related to your use of the Service, your Agent Configuration and the conduct of your agents, your calls and recordings, your content, your violation of law (including telecommunications, recording-consent, and data-protection laws), or your breach of these Terms or the Acceptable Use Policy.

16. Term and termination

These Terms apply while you use the Service. You may cancel your subscription at any time from the dashboard; cancellation takes effect at the end of the current billing period and does not entitle you to a refund of fees already paid. We may suspend or terminate your access as described in these Terms. On termination, your right to use the Service ends, live calls will no longer be answered, and rented numbers may be released. Provisions that by their nature should survive (including fees owed, disclaimers, limitations of liability, and indemnities) survive termination.

17. Changes to these Terms

We may update these Terms from time to time. Each version is dated. If we make material changes, we will take reasonable steps to notify you and, where required, obtain your renewed acceptance. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18. Governing law and disputes

These Terms are governed by [[GOVERNING_LAW]], without regard to conflict-of-laws rules. The courts of [[JURISDICTION_VENUE]] have exclusive jurisdiction over any dispute, unless a binding arbitration provision is agreed and stated here. Nothing in this section deprives a consumer of the protection of mandatory law where applicable.

19. General

These Terms, together with the Acceptable Use Policy, the Privacy Policy, and (where applicable) the DPA, are the entire agreement between us regarding the Service. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or sale. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. Notices to us may be sent to [[CONTACT_EMAIL]].