Terms of Service

TABLE OF CONTENTS

1. Acceptance of Terms
2. Description of Service
3. Eligibility & Registration
4. User Responsibilities
5. TCPA, FCC & Telemarketing Compliance
6. Prohibited Uses
7. AI Disclosure Requirement
8. Account Suspension & Termination
9. Data, Privacy & Security
10. Subscription & Billing
11. Cancellation & Refund Policy
12. Intellectual Property
13. Disclaimer of Warranties
14. Limitation of Liability
15. Indemnification
16. Dispute Resolution
17. Governing Law
18. General Provisions
19. Contact Information

Related: Privacy Policy · Trust Center · Refund & Cancellation Policy

1. ACCEPTANCE OF TERMS

By accessing or using OrifoneAI (the "Platform"), you agree to these Terms of Service ("Terms") and to use the Platform only in a manner consistent with applicable law and these policies. These Terms constitute a legally binding agreement between you (or the business entity you represent) and MSA Mercantile LLC, doing business as OrifoneAI ("OrifoneAI," "we," "us," or "our"), a company registered in Virginia, United States.

We reserve the right to update these Terms at any time. We will notify you of material changes by updating the "Last Updated" date above. Continued use of the Platform after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

2. DESCRIPTION OF SERVICE

OrifoneAI is an AI-powered voice automation platform designed for inbound and outbound business calling workflows, including but not limited to customer support, appointment setting, lead qualification, and other authorized business communications for which you have a lawful basis to conduct.

We reserve the right to modify, suspend, or discontinue the Platform or any feature thereof at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.

3. ELIGIBILITY & REGISTRATION

To use the Platform, you must:

• Be at least 18 years of age;
• Be a registered business entity or an authorized agent acting on behalf of one;
• Have the legal authority to bind the business entity to these Terms;
• Not be prohibited from using the Platform under applicable law.

Account Security: You are responsible for maintaining the confidentiality of your account credentials. You agree to: (a) immediately notify OrifoneAI at support@orifone.ai of any unauthorized access to or use of your account; (b) implement appropriate security policies and access controls; (c) ensure all users under your account comply with these Terms. OrifoneAI is not liable for losses resulting from stolen or lost credentials.

If you provide any registration information that is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account.

4. USER RESPONSIBILITIES

You are solely responsible for:

• The configuration, setup, and operation of all calling campaigns on the Platform;
• The accuracy, quality, and legality of all call recipient information and call lists;
• Ensuring all calls comply with applicable telecommunications, privacy, and telemarketing laws;
• Maintaining records of all consents obtained from call recipients;
• Producing consent records upon request from OrifoneAI or any regulatory authority;
• Continuously cross-checking call lists against applicable Do-Not-Call registries before each campaign;
• The content of all messages, scripts, and communications transmitted through the Platform.

5. TCPA, FCC & TELEMARKETING COMPLIANCE

5.1 General Compliance Obligation

CRITICAL: You agree to use the Platform in full compliance with all applicable telemarketing and telecommunications laws, including without limitation:

• Telephone Consumer Protection Act (TCPA)
• FCC Regulations (47 C.F.R.)
• Do-Not-Call Implementation Act
• Federal Trade Commission Act and implementing regulations
• CAN-SPAM Act
• Communications Act of 1934
• Any other applicable federal, state, or local telemarketing, privacy, or data protection laws

5.2 Prior Express Written Consent

You represent, warrant, and covenant that you have obtained prior express written consent from ALL call recipients before initiating any outbound AI-powered calls through the Platform. Such consent must:

• Be obtained in writing (electronic or physical);
• Clearly disclose that the recipient may receive automated or AI-generated calls;
• Identify your business as the caller;
• Be retained and made available to OrifoneAI upon request.

5.3 Do-Not-Call Compliance

You agree to:

• Cross-check all phone numbers against the National DNC Registry and applicable state DNC lists before each campaign, not just at initial setup;
• Immediately remove any number from your call lists upon opt-out or DNC request;
• Maintain your own internal DNC list and honor all opt-out requests promptly;
• Consult an attorney if you are unclear about your DNC obligations.

5.4 Calling Window

You must not initiate calls outside the hours of 8:00 AM to 9:00 PM in the local time zone of the call recipient, unless applicable law imposes stricter restrictions, in which case those stricter restrictions apply.

6. PROHIBITED USES

You may not use the Platform for any of the following:

• Cold calling recipients who have not provided prior express written consent;
• Calling numbers listed on the National DNC Registry or any applicable state DNC list;
• Impersonating a human being without disclosure that the caller is an AI agent;
• Initiating calls outside the permitted 8:00 AM – 9:00 PM local time window;
• Engaging in illegal telemarketing, fraud, or deceptive trade practices;
• Uploading or transmitting malicious code, viruses, or harmful data;
• Reverse engineering, decompiling, or disassembling any part of the Platform;
• Reselling, sublicensing, or providing Platform access to third parties without prior written consent from OrifoneAI;
• Scraping, harvesting, or otherwise extracting data from the Platform for unauthorized purposes;
• Using the Platform to harass, threaten, or abuse any individual;
• Attempting to circumvent any security feature or access control of the Platform;
• Using the Platform to compete with OrifoneAI or develop a competing product;
• Any use that violates applicable federal, state, or local law.

7. AI DISCLOSURE REQUIREMENT

You must disclose to all call recipients at the beginning of each call that they are speaking with an AI agent. This disclosure must be:

• Clear and prominent — not buried or delayed;
• Made before any substantive conversation begins;
• Compliant with any applicable state laws requiring AI or automated caller disclosure (including, but not limited to, California's laws on automated calls).

Failure to make required disclosures is a material breach of these Terms and may expose you to significant regulatory and legal liability, for which OrifoneAI shall not be responsible.

8. ACCOUNT SUSPENSION & TERMINATION

OrifoneAI reserves the right, in its sole discretion and without prior notice or liability, to:

• Suspend or terminate your account for any reason, including suspected violation of these Terms or applicable law;
• Remove or disable any campaign, call list, or content that violates these Terms;
• Report suspected illegal activity to relevant law enforcement or regulatory authorities;
• Block access to the Platform by specific IP addresses or accounts.

If your account is terminated for cause, you are prohibited from re-registering under any name. Upon termination, your right to use the Platform immediately ceases. Sections of these Terms that by their nature should survive termination (including indemnification, limitation of liability, and governing law) shall survive.

9. DATA, PRIVACY & SECURITY

9.1 Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, located at https://www.orifone.ai/privacy, which is incorporated into these Terms by reference. By using the Platform, you consent to data collection and processing as described in the Privacy Policy.

9.2 Call Data & Recordings

You acknowledge that calls made through the Platform may be recorded. You are solely responsible for obtaining all necessary consents from call recipients for call recording under applicable law (including two-party consent states). OrifoneAI shall not be liable for your failure to obtain required recording consents.

9.3 Data Retention & Deletion

Upon termination or expiration of your account, OrifoneAI will delete or anonymize your call data and personal information within 90 days, unless retention is required by applicable law. You may request earlier deletion by contacting support@orifone.ai.

9.4 Data Breach Notification

In the event of a confirmed data breach affecting your account data, OrifoneAI will notify you promptly and provide available information to allow you to meet your reporting obligations under applicable law.

9.5 GDPR / International Users

If you are subject to the EU General Data Protection Regulation (GDPR) or similar international data protection laws, you must notify us at support@orifone.ai so that we can execute appropriate data processing agreements. The Platform is hosted in the United States. By using the Platform from outside the US, you consent to the transfer and processing of your data in the United States.

10. SUBSCRIPTION & BILLING

Subscription fees are billed in advance according to the plan you select. All fees are denominated in US dollars unless otherwise stated. Sales tax may apply where required by law.

Monthly plans renew every month on the same calendar day as your initial paid subscription date, and annual plans renew once per year unless canceled before renewal.

If a trial is offered, the trial end date and first charge date are shown at checkout and in your billing settings.

By subscribing, you authorize OrifoneAI to charge your chosen payment method on a recurring basis without requiring prior approval for each charge, until you cancel your subscription.

We reserve the right to change pricing at any time. We will provide notice of material price changes in advance. Continued use of the Platform after a price change constitutes acceptance of the new pricing.

11. CANCELLATION & REFUND POLICY

You may cancel your subscription at any time by contacting support at support@orifone.ai or through your account dashboard. Cancellation will take effect at the end of the current paid billing period. You will retain access to the Platform through the end of that period.

After cancellation, any associated phone number provisioning may be released or deactivated based on your account status and applicable provider requirements.

All subscription fees are non-refundable except as required by applicable law or as expressly set forth in our Refund & Cancellation Policy, available at https://www.orifone.ai/refund-policy. If you believe you have been charged in error, please contact us within 30 days of the charge.

12. INTELLECTUAL PROPERTY

12.1 OrifoneAI's IP

OrifoneAI and its licensors retain all right, title, and interest in and to the Platform, including all software, algorithms, interfaces, documentation, and content. These Terms do not transfer any ownership of OrifoneAI's intellectual property to you. You receive only the limited license described herein.

12.2 Your License

Subject to your compliance with these Terms, OrifoneAI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes as described herein.

12.3 Your Data

You retain ownership of all data and content you upload or transmit through the Platform ("Your Data"). You grant OrifoneAI a limited license to process Your Data solely as necessary to provide the Platform services. OrifoneAI will not sell Your Data to third parties.

13. DISCLAIMER OF WARRANTIES

14. LIMITATION OF LIABILITY

Some jurisdictions do not allow the exclusion or limitation of certain damages; if those laws apply to you, some of the above limitations may not apply.

15. INDEMNIFICATION

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

• Your use or misuse of the Platform;
• Any TCPA, FCC, or other telemarketing law violations caused by your campaign setup, consent practices, disclosures, call lists, or calling-window enforcement;
• Any breach of these Terms or applicable law;
• Your violation of any third party's rights, including intellectual property and privacy rights;
• Any call recording made without required consent;
• Any content or data you upload or transmit through the Platform.

OrifoneAI reserves the right, at your expense, to assume exclusive control of any matter subject to indemnification. You agree to cooperate with OrifoneAI's defense of any such claim.

16. DISPUTE RESOLUTION

16.1 Informal Resolution

Before initiating formal dispute proceedings, both parties agree to attempt to resolve any dispute informally. You must contact us at support@orifone.ai describing the dispute. We will attempt to resolve it within 30 days.

16.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or related to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION PROCEEDINGS.

Arbitration shall take place in Virginia, or via remote means if agreed. The arbitrator's award shall be final and binding.

16.3 Exceptions to Arbitration

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, particularly regarding intellectual property or unauthorized use claims.

16.4 Class Action Waiver

All disputes must be brought in the parties' individual capacities. You may not bring claims as a class member in any purported class or representative proceeding.

16.5 Statute of Limitations

Any claim must be brought within one (1) year of the cause of action arising, or it shall be permanently barred.

17. GOVERNING LAW

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in Virginia, and you consent to personal jurisdiction therein.

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and OrifoneAI concerning the Platform.

18.2 Severability

If any provision of these Terms is found unlawful or unenforceable, it shall be severed, and the remaining provisions shall remain in full force.

18.3 Waiver

Failure by OrifoneAI to enforce any provision of these Terms shall not constitute a waiver of that right.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without OrifoneAI's prior written consent. OrifoneAI may assign these Terms at any time without restriction.

18.5 Force Majeure

OrifoneAI shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, war, terrorism, labor disputes, or internet outages.

19. CONTACT INFORMATION

For questions about these Terms, privacy matters, or legal notices:

MSA Mercantile LLC (d/b/a OrifoneAI) 8327 Ridge Crossing Lane Springfield, Virginia 22152 United States

• Email: support@orifone.ai
• Website: https://www.orifone.ai

For TCPA opt-out requests or consent record inquiries, please include your phone number and business name in your communication.