Terms of Service

These Terms of Service ("Terms") are an agreement between OA Partners LLC ("we", "us") and the business or person that creates or uses an account ("you", "Customer"). They cover our software for building AI agents that hold voice, video and text conversations, together with the related widgets, booking pages, messaging and analytics (the "Service"). By creating an account, signing in or using the Service, you agree to these Terms. If you use the Service for a company, you confirm you may bind that company.

1. Your account

• You must give accurate information and keep your login details secret. You are responsible for everything done under your account, including by people you invite and sub-accounts you create.
• You must be at least 18 and able to enter into a contract.
• Tell us promptly at hello@gorocketapp.com if you suspect unauthorized access.

2. What the Service does

The Service lets you create AI agents that talk with your visitors and leads ("End Users") in live calls and by text and email. It records and transcribes those conversations, analyzes them with AI, stores your leads and their answers, takes bookings, and sends follow-up and reminder messages on your behalf. We may add, change or remove features at any time.

3. Your responsibilities

You decide who the agents talk to, what they say and what data is collected. You are the party responsible to End Users, and you agree that you will:

• Tell people they are talking to an AI wherever the law requires it, and never present an agent as a human where that is unlawful.
• Get any permission needed to record. Calls may capture audio, camera video, screen content and transcripts. Many places require every participant's agreement before recording. You must give the notices and obtain the consents that apply to your End Users. The Service offers a default notice you can edit or remove; whether your notice is sufficient is your decision and your responsibility.
• Follow messaging and marketing laws, including consent, sender identification, quiet hours and opt-out rules for texts and emails (for example the TCPA, CAN-SPAM, GDPR and ePrivacy rules, CASL and carrier requirements). You must honor opt-outs.
• Have a lawful basis and a privacy notice for the personal data you collect through the Service, and answer your End Users' privacy requests.
• Take responsibility for anything you add: prompts, knowledge base content, custom code, tracking pixels, scripts and third-party integrations, including any visitor consent that code or tracking requires.
• Not use the Service for anything unlawful, deceptive, harassing or harmful; to impersonate a real person without permission; to collect sensitive data (such as health, financial account, government ID or children's data) unless we have agreed in writing; to send spam; to break or probe our security; to resell or copy the Service except as we allow; or to build a competing product from it.

We may investigate suspected violations and remove content or suspend accounts.

4. Your content and data

"Customer Content" means everything you or your End Users put into or generate through the Service: prompts, agent settings, knowledge base documents, widgets, recordings, transcripts, messages, lead data, form answers and bookings.

• You keep ownership of Customer Content.
• You give us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, analyze and otherwise use Customer Content to provide, maintain, secure, support and improve the Service, to prevent abuse, and to meet legal obligations. This includes passing it to the service providers we use to run the Service (for example voice, AI model, messaging, hosting and analytics providers).
• We may create and use data that is aggregated or de-identified so that it no longer identifies you or any person, for any lawful purpose, including analytics, benchmarking and developing our products. We own that data.
• You confirm you have all rights and permissions needed to give us this license, including from your End Users.

Where we process personal data on your behalf, the Data Processing Addendum applies and forms part of these Terms. How we handle personal data for our own purposes is described in our Privacy Policy.

5. AI output

Agents and other AI features generate content automatically. Output can be inaccurate, incomplete or inappropriate, and may differ each time. You are responsible for reviewing how your agents are set up, for what they say and send, and for any decision you make based on AI output. AI output is not professional advice. We do not promise that an agent will reach any particular result, such as bookings or sales.

6. Credits, fees and taxes

• The Service is paid for with credits or fees shown in your account or agreed with us. Usage (such as call minutes, chat sessions, emails and AI generation) uses up credits at the rates shown at the time.
• Credits and fees are non-refundable and non-transferable, except where the law requires otherwise. Unused credits may expire if your account is closed.
• When your balance runs out, features may pause until you add credits.
• We may change prices and rates for future use. Fees exclude taxes, which you are responsible for.
• Charges from providers you connect yourself (for example your own phone or messaging account) are yours to pay.

7. Third-party services

The Service relies on and connects to services run by others. Their availability and behavior are outside our control, and your use of services you connect is governed by their terms. We are not responsible for third-party services.

8. Our rights in the Service

We and our licensors own the Service, including its software, designs, default prompts and templates. We grant you a limited, non-exclusive, non-transferable right to use the Service while these Terms are in effect. If you send us feedback or ideas, we may use them without restriction or payment.

9. Suspension and ending

• You may stop using the Service at any time.
• We may suspend or end your access at any time, with or without notice, including if you break these Terms, create risk for us or others, or do not pay.
• After your account ends we may delete Customer Content. You are responsible for exporting what you need beforehand. Sections that by their nature should continue (such as 4, 5, 6, 8 and 10 to 14) survive.

10. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, error-free, secure, or that recordings, messages or data will never be lost. We do not give legal advice; default notices, templates and settings are conveniences and not a guarantee that your use complies with any law.

11. Limit of liability

To the fullest extent the law allows:

• we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, leads, data or goodwill; and
• our total liability for all claims relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim arose and 100 US dollars.

These limits apply to every kind of claim and even if a remedy fails. Nothing in these Terms limits liability that cannot be limited by law.

12. Indemnity

You will defend and hold harmless OA Partners LLC and its owners, staff and partners against any claim, fine, loss or cost (including reasonable legal fees) arising from your Customer Content, your agents and what they say or send, your use of the Service, your dealings with End Users, or your breach of these Terms or of any law, including recording, AI disclosure, privacy, messaging and marketing laws.

13. Changes

We may update these Terms. The date above shows the latest version. If a change is significant we will take reasonable steps to let you know, for example in the Service. Continuing to use the Service after a change means you accept it.

14. General

• Governing law. These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules, and the courts there have exclusive jurisdiction, unless the law where you live gives you rights that cannot be waived.
• These Terms, with the Data Processing Addendum and any order or pricing we agreed with you, are the whole agreement about the Service.
• If part of these Terms cannot be enforced, the rest stays in effect. Not enforcing a right is not a waiver.
• You may not transfer these Terms without our consent. We may transfer them, including as part of a merger or sale.
• We are not responsible for delays or failures caused by events beyond our reasonable control.

15. Contact

OA Partners LLC, 8 The Green, Dover, DE 19901, USA. Email: hello@gorocketapp.com