Terms of Service
Effective Date: November 24, 2025
Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the Adtouch Labs AI-powered voice and messaging system and related service (the "Service"). By using or accessing the Service, you ("Customer," "you," or "your") agree to these Terms and our Privacy Policy.
If you are accepting these Terms on behalf of a business, you represent that you have authority to bind that business to this agreement.
Overview of the Service
Adtouch Labs provides an AI-powered voice and messaging system designed for tour, activity, and attraction businesses and other merchants.
- We provide you with one or more phone numbers and related software tools.
- You publish or forward calls to these numbers so your customers can contact you.
- The Service can be used for after-hours coverage, front-line call handling, routing calls to departments or staff, and similar business communications workflows.
- The Service uses content and data you make available (for example, your website, your documentation, or data from third-party reservation and product APIs you authorize) to answer questions, collect leads, and route calls.
- After a call, we may send you lead details, summaries, and sentiment analysis via email and/or SMS.
You understand and agree that:
- We provide phone- and email-based communication tools and AI computing services that relay information you use with your own customers.
- You are responsible for your relationship with your customers and for all information you provide on your website, in your documentation, and through third-party reservation or product systems.
- We cannot guarantee the accuracy of information provided by callers, your staff, third-party platforms, or any external data source.
- You consent to receive caller details, call summaries, and sentiment analysis of the call via email and/or SMS messages from the use of the Service.
Eligibility
You represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may not use the Service.
Prohibited Uses
You agree not to use the Service for any unlawful purpose or in any way that violates local, state, national, or international laws. You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations. Prohibited uses include but are not limited to:
- Criminal activities
- Malicious, fraudulent, or illegal purposes
- Infringement of Adtouch Labs or third-party intellectual property rights
- Defamatory, harassing, abusive, or threatening use
- Distribution of unauthorized spam
- Transmission of viruses, malware, or other destructive code
- Gathering or transmitting personal information without consent
- Interference with service functionality or security features
User Content
You are solely responsible for any content you contribute, post, or transmit via the Service ("User Content"). You guarantee that your User Content complies with this Agreement and the Acceptable Use Policy.
Adtouch Labs does not claim ownership of User Content. However, by submitting User Content, you grant Adtouch Labs a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, create derivative works, publish, distribute, and sublicense your User Content in connection with operating and providing the Service.
Acceptable Use Policy
You agree not to upload, post, host, or transmit any User Content that:
- Is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, or racially, ethnically or otherwise objectionable
- Encourages criminal conduct or provides instructional information about illegal activities
- Infringes any third party's intellectual property or publicity rights
- Constitutes unauthorized spam or bulk communications
- Contains software viruses or malware designed to interrupt, destroy, or limit Service functionality
- Burdens infrastructure in a way that negatively impacts Service performance, including "denial of service" attacks
- Attempts to gain unauthorized access to other accounts, computer systems, or networks connected to the Service
- Uses automated means to access the Service that are not permitted by Adtouch Labs
- Collects information about Service users without obtaining consent
- Misrepresents your identity or affiliation
Adtouch Labs has sole discretion to determine whether User Content or behavior violates this Acceptable Use Policy. We may remove content or suspend or terminate accounts as needed.
Product Plans, Pricing, and Integration
Service Plans and Usage
Adtouch Labs offers several subscription plans (each a "Plan") combining:
- A monthly subscription fee (which may include a bundle of minutes or usage); and
- Usage-based fees (for example, per-minute, per-SMS, or per-API processing charges) billed on a recurring basis.
Plan structures may include, for example:
- Pay As You Go: no monthly fee, no included minutes, higher per-minute or per-usage fee.
- Starter: lower monthly fee, low included minutes, moderate usage rate.
- Growth: mid-range monthly fee, more included minutes, more favorable usage rate.
- Enterprise: higher monthly fee, higher included minutes, lowest usage rate.
The specific fees, included usage, and rates for each Plan are shown on our website or in your order form and are incorporated into these Terms.
You acknowledge and agree:
- Subscription fees are typically billed monthly in advance
- Usage-based fees are typically calculated based on measurable usage (for example, SMS characters, voice minutes both AI and routed, database usage, and AI API tokens) and billed daily, weekly, or monthly to the payment method on file.
- You are responsible for keeping your payment method on file current and with sufficient balance.
- Pricing and Plan structures may change over time. Any material changes to your active paid Plan will apply from your next billing cycle unless otherwise agreed in writing.
- All charges reported by Adtouch Labs is the primary source of truth.
Free Trials and Promotions
We may offer free trials, pilot programs, or promotional access to the Service. Eligibility, duration, and scope are determined by Adtouch Labs and may be modified or revoked at any time.
Integration Services and Data Sources
- Some Plans include or require technical integration with third-party booking or operations platforms (e.g., FareHarbor and other reservation systems).
- Integration setup may require your cooperation, including providing API credentials, links, or access to your website or systems.
- You represent that you have all necessary rights to let us access and use the data from these sources for the purpose of delivering the Service.
- Adtouch Labs is not responsible for delays, failures, or limitations caused by third-party systems, API changes, data errors, or outages.
- We may modify or discontinue integrations at any time if third-party services change their terms, policies, or technical compatibility.
Business Account Registration
To use the Service, you must create an account and provide accurate business information including your name, contact details, and payment information.
You agree to:
- Maintain accurate account and billing information
- Keep your credentials secure
- Notify us immediately of unauthorized use of your account
- Be fully responsible for all actions and usage under your account, including calls and messages routed through your assigned numbers, whether by you, your staff, or third parties.
Use of the Service
Permitted Use
You may use the Service only for your business's communications and lead capture. You are responsible for:
- All calls and messages to and from your assigned numbers
- How you configure call routing, prompts, and messaging
- How you follow up with leads and customers
Caller Consent and Compliance
You are responsible for complying with all applicable laws regarding:
- Call recording and transcription
- Required notices to callers
- Privacy, data protection, and consent
AI Responses and Data Accuracy
The AI assistant provides information based on connected data sources (for example, your website, documents you provide, and third-party APIs you enable). Adtouch Labs is not responsible for:
- Inaccuracies, omissions, or outdated data provided by third-party systems, by your business, or by callers
- Any misinterpretation of caller requests or merchant content by the AI
You are responsible for verifying any critical information directly with the customer.
Caller Behavior and Unwanted Communications
The Service is similar to a traditional phone service: we answer and route calls and messages but do not control who chooses to contact your published numbers or what they say.
- We cannot prevent or reliably distinguish fraudulent, spam, or non-relevant calls or messages.
- We cannot guarantee that caller-provided information is accurate or truthful.
- You remain responsible for how you respond to callers and handle potential fraud or abuse.
Telephony, Messaging, Software, and Third-Party Providers
We use third-party providers for telephony and SMS delivery, AI computing and processing, web-based analytics dashboard tools, and other infrastructure providers (for example, cloud hosting, databases, and email services).
By using the Service, you acknowledge that:
- These providers supply infrastructure needed to deliver the Service.
- Message and call delivery can be affected by carrier policies, network conditions, device issues, and provider availability.
- Your use of messaging features is subject to applicable carrier rules and the provider's acceptable use policies.
- These providers may experience unforeseen outages that may affect our ability to deliver the Service.
We support standard opt-out keywords (such as "STOP") provided by our messaging infrastructure.
Service Availability
We strive to keep the Service operational 24/7, but do not guarantee uninterrupted availability. We may temporarily suspend or limit access for maintenance, upgrades, or technical reasons without prior notice. Interruptions in the Service will be addressed 24/7; however, such interruptions do not entitle you to any refund or compensation.
Fees, Usage, and Payment
Billing and Charges
- Subscription Fees: Monthly Plan fees are typically billed in advance to the payment method on file.
- Usage Fees: Usage fees (for example, voice minutes, SMS segments, database operations, AI processing) are calculated from system and provider logs and billed on a recurring basis, typically weekly.
- Taxes: You are responsible for any applicable taxes.
You authorize Adtouch Labs to charge your payment method for all applicable subscription and usage fees.
Responsibility for Usage
You are responsible for all usage associated with your account and assigned numbers, regardless of:
- Who initiated the call or message (you, your staff, your agents, or third parties); or
- Whether any particular call or message is desired, expected, or considered "relevant" by you.
Disputes and Adjustments
If you believe there is an error in your invoice, you must notify us in writing within 30 days of the invoice date, with reasonable detail. We will review your request and underlying usage records.
Our usage records and logs, including those from our providers, will be the primary source of truth for resolving disputes.
We may, at our discretion, issue credits or adjustments, but are not required to reduce charges below our underlying cost basis for telecom, infrastructure, and AI processing.
Consequences of Non-Payment
Late or failed payments may result in suspension or termination of your account and reassignment of your phone numbers.
Upgrades, Downgrades, and Cancellations
- Upgrades: You may upgrade your Plan at any time. Upgrades take effect immediately. You will be charged the prorated difference between your current Plan and the upgraded Plan, and your usage rates will adjust as of the upgrade effective date.
- Downgrades and Cancellations: You may downgrade or cancel your Plan at any time, but the change will take effect at the start of your next billing cycle. You remain responsible for fees already incurred for the current billing period.
We may update Plan offerings over time. If we discontinue your current Plan tier, we will provide reasonable notice and transition options.
Data and Privacy
Use of the Service is governed by our Privacy Policy.
By using the Service, you consent to:
- Call transcription and analysis: Calls may be transcribed in real-time or near real-time for the purpose of creating summaries, extracting key details, and evaluating sentiment.
- Derived data: We generate summaries, classifications (including sentiment), and structured lead information from those transcripts.
- Deletion of transcripts: We do not retain full call transcripts after they have been processed for summary and sentiment analysis.
- Lead delivery: We deliver caller data (such as phone number, name if provided, inquiry details, summary, and sentiment classification) to your business via SMS, email, or other channels you configure.
We may retain lead details, metadata, and derived information as described in the Privacy Policy.
Intellectual Property
All software, AI models, and related materials are owned by Adtouch Labs or its licensors. You may not copy, modify, reverse-engineer, or distribute any part of the Service.
Disclaimer of Warranties
The Service is provided "as is" and "as available."
We make no guarantees regarding:
- Accuracy or completeness of AI responses or third-party data
- Uptime, availability, or performance
- Suitability of the Service for your specific use case
You assume all risks associated with using the Service, including reliance on AI responses, caller-provided information, and third-party data.
Limitation of Liability
To the fullest extent permitted by law, Adtouch Labs and its affiliates are not liable for:
- Indirect, incidental, special, or consequential damages
- Loss of profits, revenue, or business opportunities
- Errors or omissions in call handling, AI responses, or data
- Interruptions, failures, or delays in the Service
- Misuse of the Service by your staff or by callers
Our total liability for any claim arising out of or relating to the Service will not exceed the amount you paid for the Service in the thirty (30) days prior to the event giving rise to the claim.
Indemnification
You agree to indemnify and hold harmless Adtouch Labs, its officers, and its affiliates from any claims, damages, or expenses arising from:
- Your use of the Service
- Your violation of these Terms or applicable laws
- Your handling of caller data, customer communications, or marketing messages
Miscellaneous
If any provision of these Terms is found unenforceable, it shall be severed without affecting the enforceability of the remaining provisions. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Adtouch Labs.
Adtouch Labs may assign its rights and obligations under these Terms. You may not assign these Terms without our prior written consent.
Changes to Service or Terms
We may modify these Terms or the Service at any time. Updates will be posted on our website. Your continued use of the Service after updates are posted constitutes acceptance of the revised Terms.
Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be handled in Orange County, California.