Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Adtouch Labs AI phone and messaging system and related services (the "Service"). By using or accessing the Service, you ("Customer," "you," or "your") agree to these Terms and to 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.

2. Overview of the Service

Adtouch Labs provides an AI-powered voice and messaging system designed for tour, activity, and attraction businesses.

The Service answers calls, provides product and availability information, and delivers customer inquiries ("leads") to the business via SMS and email.

Businesses implement the Service by forwarding their main phone number to the dedicated number provided by Adtouch Labs.

3. 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.

4. Prohibited Uses

You agree to not 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

5. 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 the Acceptable Use Policy (see below). Adtouch Labs does not claim ownership of User Content. However, by submitting User Content, you automatically grant Adtouch Labs a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to use, store, reproduce, modify, create derivative works, publish, distribute and sublicense your User Content in connection with operating and providing the Service.

6. Acceptable Use Policy

You agree not to upload, post, host, or transmit any User Content that:

• Is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, contains pornography, or racially, ethically 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
• Impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity

Adtouch Labs has sole discretion to determine whether User Content violates this Acceptable Use Policy. Adtouch Labs may at any time remove User Content that violates this policy. Repeated violations may lead to account termination.

7. Product Plans and Integration

1. Service Plans

Adtouch Labs offers several subscription plans (each a "Plan") that provide varying levels of functionality, data integrations, and support. The specific features, pricing, and promotional terms for each Plan are described on our website.

You acknowledge and agree that:

• Pricing and terms may vary based on factors such as integration complexity, usage level, or business requirements
• Adtouch Labs reserves the right to adjust pricing, features, or promotional terms at any time
• Certain Plans may require verification of eligibility (for example, proof that you are a supplier on a supported platform such as Viator)
• We may discontinue, replace, or reclassify any Plan at our discretion
• Any material change to a Plan that affects your ongoing subscription will take effect at the start of your next billing period unless otherwise agreed in writing

2. Free Trials and Promotions

We may offer free trials, pilot programs, or promotional access to the Service for evaluation purposes.

• Eligibility, duration, and scope of any trial or promotion are determined solely by Adtouch Labs and may be modified or revoked at any time
• At the end of the trial period, continued use of the Service requires activation of a paid account and entry of valid payment information
• If payment information is not provided when the trial ends, access to the Service will be paused, and the phone number assigned to your account may be reclaimed, changed, or reassigned to another customer
• Adtouch Labs is not responsible for loss of the original phone number or associated data once a trial lapses without conversion to a paid plan
• We reserve the right to change, limit, or discontinue any trial, promotion, or discount at any time without notice

3. Integration Services

Some Plans include or require technical integration with third-party booking or operations platforms (e.g., Viator, Bokun, FareHarbor, PeekPro, Rezdy).

• Integration setup may require your cooperation, including providing API credentials or system access
• Adtouch Labs is not responsible for delays, failures, or limitations caused by third-party systems, API changes, or outages
• Engineering work beyond standard setup, or integration of supported systems, may incur additional fees and be governed by a separate Statement of Work (SOW)
• We may modify or discontinue integrations at any time if third-party services change their terms, policies, or technical compatibility

4. Custom Implementations

If you request functionality or integrations beyond what your selected Plan includes:

• We will provide a written proposal outlining estimated scope, cost, and deliverables before work begins
• Custom work is billed separately, non-refundable once started, and may carry distinct support or maintenance terms
• Adtouch Labs retains ownership of all underlying software, AI models, and configurations created as part of any custom implementation

5. Changes and Discontinuation

Adtouch Labs may, at any time and at its sole discretion:

• Change or discontinue any Plan, feature, or integration
• Adjust pricing for any Plan or service component
• Introduce new Plans or re-tier existing ones
• Limit or remove access to legacy features

If we make a change that materially reduces the functionality of your active paid Plan, we will provide reasonable advance notice (typically 30 days) before it takes effect. Your continued use of the Service after that notice constitutes acceptance of the revised terms.

8. 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 use of your account and for any actions that take place through your account, whether or not authorized by you
• You may not select an inappropriate username and/or company name that violates this Agreement or impersonates someone else

9. Use of the Service

1. Permitted Use

You may use the Service only for your business's customer communication and lead capture. You are responsible for all activity that occurs under your account, including calls routed through your assigned number.

2. Caller Consent

You are responsible for complying with all applicable laws regarding call transcription, caller notification, and privacy.

3. AI Responses

The AI assistant provides information based on connected data sources such as Viator and other APIs. Adtouch Labs is not responsible for any inaccuracies, omissions, or outdated data provided by third-party systems, by your business, or by the customer. Adtouch Labs is not responsible for any inaccurate, or omitted, or outdated interpretation or analysis of the customer's request that is passed to your business or provided to the customer about your business.

You are responsible for verifying any critical information directly with the customer.

10. Data and Lead Handling

• When a consumer contacts your business through the Service, their name (if provided), phone number, message content, and AI-generated summary (including sentiment classification) are sent to you via SMS and/or email
• You agree to use this data only for legitimate business purposes and in compliance with applicable privacy laws
• You are solely responsible for following up on leads and maintaining compliance with opt-out or contact-preference requests

11. 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.

12. Fees and Payment

• Monthly subscription fees depend on your selected Service Plan
• Integration or custom engineering work may include separate one-time setup or implementation fees, detailed in a written agreement
• You authorize Adtouch Labs to charge your payment method for ongoing subscription or usage fees
• All payments are non-refundable unless otherwise stated in writing
• Late or failed payments may result in suspension or termination of your account

13. Termination and Inactivity

1. Termination by You

You may terminate your account at any time by contacting us. Fees already paid are non-refundable.

2. Termination by Adtouch Labs

We may suspend or terminate your account, phone number, or access to the Service at any time, including for:

• Non-payment
• Violation of these Terms or applicable laws
• Prolonged inactivity (e.g., no active use for 60 days)
• Misuse, abuse, or security risk

Upon termination, your data may be deleted and your phone number reassigned without liability.

14. Data and Privacy

Use of the Service is governed by our Privacy Policy, which describes how we collect, use, and share information from both businesses and consumers.

By using the Service, you consent to:

• Call transcription
• Automated AI analysis of interactions, including tone and sentiment
• Delivery of caller data (name, number, inquiry summary) to your business via SMS or email
• Data retention and processing as described in the Privacy Policy

15. 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.

16. Disclaimer of Warranties

The Service is provided "as is" and "as available."

We make no guarantees regarding accuracy, uptime, or fitness for a particular purpose.

You assume all risks associated with using the Service, including reliance on AI responses or third-party data.

17. Limitation of Liability

To the fullest extent permitted by law, Adtouch Labs and its affiliates are not liable for:

• Indirect, incidental, or consequential damages
• Errors or omissions in call handling or data
• Service interruptions or system downtime
• Loss of revenue or customers
• Misuse of the Service by your staff or customers

Our total liability will not exceed the amount paid for the Service in the three (3) months prior to the claim.

18. Indemnification

You agree to indemnify and hold harmless Adtouch Labs and its affiliates from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

19. Miscellaneous

If any provision of these Terms is found unenforceable, it shall be severed without affecting enforceability of the remaining provisions. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Adtouch Labs. No person or entity not a party to these Terms is an intended third party beneficiary, and no provision hereunder confers any right to benefit to such third party. Adtouch Labs may assign its rights and obligations under these Terms.

20. Changes to Service or Terms

We may modify these Terms or the Service at any time.

Updates will be posted on our website, and your continued use of the Service constitutes acceptance of the new Terms.

21. 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 the state or federal courts located in Orange County, California.

22. Contact Us

For any questions about these Terms, contact:

Adtouch Labs, Inc.

Email: hello@adtouchlabs.com