Welcome

Welcome to assistable.ai (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and Assistable Machine Learning, Inc. d/b/a Assistable.ai (the “Company,” “Assistable,” “us,” “we,” or “our”). This Agreement sets forth the terms and conditions that govern your access to and use of the Website and any products, software, platforms, applications, tools, materials, content, and services provided by or through the Website (collectively, the “Services”). The Services may include, without limitation, access to a hosted software-as-a-service platform and related functionality for building, deploying, and managing AI-powered voice and chat assistants, including telephony, transcription, automation, knowledge tools, analytics, APIs, integrations, and related features (the “Platform”).

If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement. In that case, “you” and “your” refer to the entity.

1.0 Acceptance of this Agreement

1.1 Acceptance Through Using or Accessing the Services

Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept,” “agree,” “continue,” or similar when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must discontinue use immediately.

1.2 Eligibility Requirements to Use or Access the Services

To use the Website or any Services, you must be: (i) at least 18 years old (or the age of majority in your jurisdiction, if higher); (ii) capable of forming a binding contract with Assistable; and (iii) not a competitor of, or using the Services for purposes that are competitive with, Assistable. By accessing or using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements and that you have the right, authority, and capacity to enter into this Agreement on your behalf or on behalf of the entity you represent. This Agreement incorporates by reference our Acceptable Use Policy (“AUP”), Privacy Policy, and Refund Policy (and any other policies posted on our legal page). By using the Services, you agree to comply with those policies, as updated from time to time.If you do not meet all these requirements, you may not use or access the Services.

1.3 Changes to this Agreement

Assistable reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, Assistable will use reasonable efforts to provide advance notice before changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately. Your continued use of or access to the Services following any changes constitutes your acknowledgment of such changes and agreement to be bound by the revised Agreement. You should check this page frequently so that you are aware of any changes since they are binding on you.

2.0 Access to the Services
2.0(a) Changes to Your Access and the Services

The Services may change from time to time as Assistable evolves, refines, modifies, or adds features and functionality. Assistable reserves the right to modify, withdraw, suspend, or discontinue the Services, in whole or in part, at any time, with or without notice to you. You agree that Assistable shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

2.0(b) Creating an Account

You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You agree to provide accurate, complete, and current information and to promptly update such information as necessary to keep it accurate, complete, and current. Assistable may provide different types of accounts or workspaces for different users or plans. If you connect the Services with a third-party service or integration, you grant Assistable permission to access and use your information from such service as permitted by that service, including to authenticate and facilitate your use of the Services. All information you provide will be governed by our Privacy Policy. You consent to all actions we may take with respect to your information consistent with our Privacy Policy and this Agreement.

2.0(c) Account Responsibilities

You are entirely responsible for maintaining the confidentiality of your password, credentials, and account access. You are also responsible for any and all activities that occur under your account, including activities conducted by your employees, contractors, end users, customers, or other authorized users. You agree not to provide any other person with access to the Services using your username, password, or other security information, except as expressly permitted by the Services’ user management features. You agree to promptly notify Assistable of any actual or suspected unauthorized access to or use of your account or any other breach of security. Assistable will not be liable for any losses or damages arising from your failure to comply with these requirements. You will be held liable for losses or damages incurred by Assistable or any third party due to someone else using your account or password, whether with or without your knowledge.

2.0(d) Termination or Deletion of an Account

Assistable shall have the right to suspend, disable, restrict, or terminate your account at any time in its sole discretion for any or no reason, including, without limitation, if Assistable determines that you have violated any terms or conditions of this Agreement, any incorporated policy, or applicable law. Assistable may also, in its discretion, limit, remove, or disable access to specific features, third-party integrations, or functionality for compliance, risk, operational, or technical reasons.

3.0 Policy for Using the Services

3.1 Prohibited Uses

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any manner that could damage, disable, overburden, disrupt, degrade, impair, or otherwise interfere with the Services or Assistable’s operations, business, reputation, vendors, carriers, partners, or other customers. Unless expressly prohibited by your plan, order, or a separate written agreement with Assistable, you may use the Services for business or commercial purposes; however, such use must remain compliant with this Agreement and applicable law.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

(a) No Violation of Laws or Obligations: Violate any applicable laws or regulations (including without limitation privacy laws, consumer protection laws, telemarketing laws, robocall laws, TCPA, TSR, CAN-SPAM, state mini-TCPA statutes, right of privacy or publicity laws, and intellectual property laws), or any contractual, statutory, fiduciary, or other obligations.

(b) No Unsolicited Communications: Send, initiate, facilitate, or enable unsolicited, unauthorized, deceptive, or unlawful advertising, promotional materials, spam, junk mail, chain letters, prerecorded messages, automated outreach, or any other form of unlawful or prohibited communications, whether commercial or otherwise.

(c) No Impersonation: Impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity, including in caller ID, messaging, branding, or any communications initiated through the Services, in an attempt to mislead, confuse, or deceive others.

(d) No Harming of Minors: Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.

(e) Compliance with Content Standards: Upload, display, distribute, store, or transmit any material that does not comply with the Content Standards set out in Section 7 below.

(f) No Interference with Others’ Enjoyment: Harass, threaten, abuse, or interfere with anyone’s use or enjoyment of the Services or expose Assistable or other users to liability, enforcement actions, carrier suspension, reputational harm, or other damage.

(g) No Interference or Disabling of the Services: Use any device, software, routine, or method that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.

(h) No Monitoring or Copying Material: Copy, scrape, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means, except as expressly permitted by Assistable in writing.

(i) No Viruses, Worms, or Other Damaging Software: Upload, transmit, distribute, or introduce any viruses, Trojan horses, worms, logic bombs, malware, or other damaging materials.

(j) No Unauthorized Access or Violation of Security: Attempt to gain unauthorized access to the Services, other accounts, systems, networks, or data, or breach encryption, authentication, or security tools.

(k) No Reverse Engineering: Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying ideas, algorithms, structure, or organization of any part of the Services, except to the extent such restrictions are prohibited by applicable law.

(l) No Collecting User Data: Collect, harvest, assemble, or store any data or information regarding any other user or third party without their consent and without a lawful basis.

(m) No Other Interference: Otherwise attempt to interfere with the proper working of the Services.

(n) Attempt or Assist Others: Attempt any of the foregoing or assist, permit, encourage, or enable others to do so.

3.3 Geographic Restrictions

Assistable is based in the United States. The Services are controlled and operated from the United States. Assistable makes no representations that the Services or any of its content are accessible or appropriate outside of the United States. By choosing to access the Services from any location other than the United States, you accept full responsibility for compliance with all local laws and regulations.

4.0 Terms and Conditions of Sale

4.1 Purchasing Process

By clicking on the checkout button, completing the provided invoice, or otherwise placing an order for the Services, you may be directed to a third-party merchant checkout section or payment processor, where you will be required to provide contact details and a payment method. After providing the required information, you must carefully review the order and confirm and submit it using the relevant mechanism, thereby accepting these Terms and committing to pay the applicable fees.

4.2 Order Submission

The submission of an order constitutes your offer to purchase and, upon acceptance, creates a binding obligation to pay the price, taxes, and any other applicable fees and expenses as specified during checkout or in the applicable order. If the purchased Services require active input from you, including the provision of data, specifications, integrations, compliance information, or configuration choices, you agree to cooperate as necessary. Upon submission of the order, you may receive a receipt or confirmation that the order has been received. All notifications related to the purchasing process may be sent to the email address you provide.

4.3 Prices

You will be informed during the purchasing process, and before order submission, of applicable fees, taxes, and costs that will be charged.

4.4 Methods of Payment

Accepted payment methods are made available during the purchasing process. Payments are processed through third-party payment processors. Assistable does not store complete payment card information and generally receives only confirmation that payment has been completed. If payment fails, is refused, is reversed, or is subject to chargeback, Assistable shall have no obligation to provide the Services and may suspend or terminate access until payment is successfully completed. Any costs or fees resulting from failed, refused, reversed, or disputed payments shall be borne by you.

4.5 Retention of Usage Rights

You do not acquire any rights to use the Services unless and until the total purchase price and any applicable charges are received by Assistable in full.

5.0 Contract

5.1 Subscriptions

Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day payment is received by Assistable (or when your free trial converts, if applicable). To maintain subscriptions, your selected payment method may be automatically charged in accordance with your plan and checkout terms. Failure to pay may cause service interruptions, suspension, limitation of functionality, or termination.

5.2 Fixed-Term Subscriptions

Paid fixed-term subscriptions begin on the day payment is received and last for the subscription period selected by you or otherwise specified during purchase. Once the subscription period expires, the Services may no longer be accessible unless you renew by paying the applicable fee. Fixed-term subscriptions may not be terminated prematurely and will run until expiration of the term, unless otherwise required by applicable law or expressly agreed by Assistable in writing.

5.3 One-Time Purchases & Other Payment Terms/Plans

(a) Your payment method will be charged in accordance with your payment agreement.
(b) You remain liable for any remaining amounts until payment is received in full.
(c) Questions regarding billing should be directed to [email protected] (or such other support address we designate).
(d) If any program, onboarding, managed services, implementation services, coaching, or live call access is included, access may be conditioned on account good standing and may be subject to program timeframes or availability as described at purchase.

5.4 Automatic Renewal

If your subscription is set to automatically renew, it will renew through the payment method you selected unless you cancel within the deadlines specified in these Terms or in your account settings. The renewed subscription will last for a period equal to the original term unless otherwise stated. You may receive a renewal reminder where required by applicable law or payment network rules, but you remain responsible for managing renewals, cancellations, and account settings.

5.5 Termination of Subscription

Recurring subscriptions may be terminated by providing clear and unambiguous notice to Assistable using the contact details provided herein or, if available, through corresponding controls within the Services. If you cancel, your cancellation will generally take effect at the end of the then-current billing period, unless otherwise stated at purchase or required by law.

5.6 Termination Notice

If a notice of termination is received before the subscription renews, termination will take effect upon completion of the current period.

5.7 Payments; Collections; Suspension

If payments are not received by the due date and your account is placed in collections, Assistable reserves the right to pursue collection efforts or legal action to recover amounts owed, including without limitation the costs of collection and reasonable attorneys’ fees, and to seek recovery of at least ninety (90) percent of the minimum balance due to the extent permitted by law. If your payment method expires, becomes invalid, or payment otherwise fails for any reason, your access may be automatically suspended until payment is made, and access may be restored after successful payment. Assistable also reserves the right to pursue any back payments owed through collections if payments are not made as agreed upon enrollment.

5.8 Refund and Cancellation Policy

For information about how Assistable handles refunds and cancellations, please review our Refund Policy, which is incorporated by reference into this Agreement. You agree that by using the Services, you agree to the Refund Policy.

5.9 Non-Refundable Fees; No Setoff

Except to the extent prohibited by applicable law or expressly stated by Assistable in writing, all fees are non-cancelable and non-refundable, and you agree not to initiate chargebacks as a substitute for requesting support or addressing billing questions through Assistable. You may not withhold or offset amounts due to Assistable for any reason, including based on alleged service outages, feature changes, or disputes, except to the extent required by law.

6.0 Intellectual Property Rights

6.1 Ownership of Intellectual Property

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, patents, and other proprietary rights, in and to the Services and their content, features, functionality, software, interfaces, design, and underlying technology (collectively, the “Content”) are owned by Assistable, its affiliates, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property laws. Neither this Agreement nor your use of the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by Assistable and its licensors.

6.2 License to Use the Services

During the term of this Agreement, Assistable grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and Content solely for your business or commercial use in accordance with this Agreement and any plan limitations. The Content may not be used for any other purpose. This license terminates upon your cessation of use of the Services or upon termination of this Agreement.

6.3 Certain Restrictions

(a) No Copying or Distribution: You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any portion of the Content except as expressly permitted herein or enabled by a feature of the Services.
(b) No Modifications: You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content or Services, except to the extent prohibited by applicable law.
(c) No Exploitation: You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or Services in any way, whether in whole or in part.
(d) No Altering of Notices: You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
(e) No Competition: You shall not access or use the Services or Content to build a similar or competitive product or service.
(f) Systematic Retrieval: You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection, or directory of the Content or other data from the Services.

6.4 Trademark Notice

All trademarks, logos, and service marks displayed on the Services are either Assistable’s property or the property of third parties. You may not use such trademarks, logos, or service marks without prior written consent of the respective owners.

7.0 User Content

7.1 User Generated Content

The Services may contain features that allow users to submit, upload, publish, display, transmit, configure, or otherwise make available content or materials, including scripts, prompts, call flows, knowledge base content, recordings, transcripts, text, audio, data, and other materials (collectively, “User Content”). You are solely responsible for your User Content and for ensuring that your User Content and your use of the Services comply with this Agreement and applicable law.

All User Content must comply with the Content Standards set forth below. Any User Content you submit may be treated as non-confidential and non-proprietary, except to the extent protected by the Privacy Policy or a separate written agreement (such as an executed enterprise agreement). You assume all risks associated with your User Content, including reliance by you or others on its accuracy, completeness, reliability, or appropriateness. Assistable is not responsible or liable to any third party for User Content posted or submitted by you or any other user. Your interactions with other users, end customers, or third parties are solely between you and such parties, and Assistable has no obligation to become involved in disputes between users or between a user and any third party.

7.2 License

You hereby grant to Assistable an irrevocable, non-exclusive, royalty-free, fully paid, transferable, sublicensable, perpetual, and worldwide license to host, store, reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, solely for the purposes of operating, providing, maintaining, supporting, improving, securing, and developing the Services and Assistable’s business, and for marketing and demonstrating the Services in an aggregated and/or anonymized manner where appropriate. You represent and warrant that you have all rights, power, and authority necessary to grant the rights granted herein.

To the extent permitted by applicable law, you hereby irrevocably waive all claims against Assistable for alleged or actual infringement or misappropriation of proprietary rights in any User Content submitted by you through the Services, provided Assistable’s use is consistent with this Agreement and the Privacy Policy.

7.3 Content Standards

User Content must not:
(a) Violate any applicable laws or regulations, or any contractual or fiduciary obligations.
(b) Promote illegal activity or unlawful acts, or create risk of harm, loss, or damage to any person or property.
(c) Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights.
(d) Contain material that Assistable deems unlawful, defamatory, trade libelous, invasive of privacy or publicity rights, abusive, threatening, harassing, harmful, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating, or otherwise objectionable, including material likely to upset, embarrass, alarm, or annoy.
(e) Promote sexually explicit or pornographic material, violence, or discrimination based on protected characteristics.
(f) Contain false or intentionally misleading information, impersonation, or misrepresentation of identity or affiliation.
(g) Imply endorsement by Assistable where none exists.

7.4 Monitoring and Enforcement

Assistable reserves the right at all times, but is not obligated, to:
(a) take any action with respect to any User Content that Assistable deems necessary or appropriate in its sole discretion, including if it believes such User Content violates the Content Standards, violates this Agreement, creates liability, or exposes Assistable or its vendors/carriers to enforcement or risk;
(b) remove, reject, disable, or restrict any User Content for any or no reason;
(c) disclose any User Content, your identity, or electronic communications to satisfy any law, regulation, governmental request, or to protect the rights or property of Assistable or others; and
(d) terminate or suspend your access to all or part of the Services for any or no reason, including any violation of this Agreement.

Assistable does not undertake to review User Content prior to submission and cannot ensure prompt removal of questionable content. Accordingly, Assistable and its affiliates and their officers, directors, employees, and agents assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Assistable shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.

7.5 Copyright Infringement (DMCA Policy)

Assistable respects the intellectual property of others and expects users of the Services to do the same. It is Assistable’s policy to terminate repeat infringers in appropriate circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act to Assistable’s designated copyright agent:

(a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(b) a description of the copyrighted work that you allege has been infringed;
(c) a description of the material claimed to be infringing and to be removed or access disabled;
(d) a description of where the allegedly infringing material is located;
(e) your contact information, including address, telephone number, and email address;
(f) a statement that you have a good faith belief that use of the material is not authorized; and
(g) a statement made under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on their behalf.

Pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact may subject the complaining party to liability for damages, costs, and attorneys’ fees.

Designated copyright agent: Assistable Machine Learning, Inc.
Email: [email protected]

7.6 Feedback to the Company

If you provide Assistable with feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Assistable all rights in such Feedback and agree that Assistable shall have the right to use and fully exploit such Feedback in any manner it deems appropriate without obligation to you. Assistable will treat Feedback as non-confidential and non-proprietary, and you agree not to submit information you consider confidential or proprietary as Feedback.

8.0 Assumption of Risk; AI Output Disclaimer

The information presented on or through the Services is made available for general information purposes only. Assistable does not warrant the accuracy, completeness, suitability, legality, or quality of any such information. Any reliance on such information is strictly at your own risk, and Assistable disclaims all liability arising from reliance placed on such information by you or any other user.

You acknowledge and agree that the Services may include artificial intelligence and machine learning systems that generate voice and text outputs and perform automation based on probabilistic processes. Such outputs may be incorrect, incomplete, misleading, outdated, or otherwise unsuitable for reliance without independent verification. You are solely responsible for reviewing, validating, and verifying the accuracy, appropriateness, and legality of any outputs prior to relying on them or using them in any operational, legal, medical, financial, or customer-facing context. Assistable makes no warranty that outputs will be accurate, complete, or appropriate for any particular use case or regulatory environment, and you assume all risk associated with your use of and reliance on such outputs.

9.0 Privacy; Data Use

For information about how Assistable collects, uses, and shares information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing of information as set forth in the Privacy Policy.

Without limiting the foregoing, you acknowledge that Assistable may collect and process usage and interaction data, including prompts, configurations, call flows, transcripts, recordings (where enabled), logs, and analytics, for the purposes of operating, maintaining, supporting, securing, improving, and developing the Services, including AI-related improvements, subject to the Privacy Policy and applicable law. Where Assistable uses data for improvement purposes, Assistable may use such data in aggregated and/or anonymized form as appropriate, and will comply with applicable law regarding personal data.

If you are subject to heightened privacy requirements (including PII/PHI or other regulated data), you are responsible for ensuring your use of the Services complies with applicable law and for not providing such data to Assistable except as expressly agreed in writing.

10.0 Termination

10.1 Termination

Assistable may suspend or terminate your access or rights to use the Services at any time, for any reason, in its sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease. Assistable will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement, including for termination of your account or deletion of your User Content, Customer Data, or other materials associated with your account. If you have registered for an account, you may terminate this Agreement at any time by contacting Assistable and requesting termination, subject to any payment obligations, minimum terms, or non-cancelable commitments communicated at purchase or required by applicable law.

If Assistable determines, in its sole discretion, that your use of the Services violates or risks violating any applicable communications, telephony, privacy, marketing, consumer protection, or similar laws, or violates or risks violating the policies of carriers, messaging providers, telephony providers, or other vendors, you will be considered in breach of this Agreement and the Services may cease immediately. Assistable may also suspend or terminate Services immediately where necessary to protect Assistable, its vendors, carriers, partners, or other customers from harm, enforcement actions, or risk.

10.2 Effect of Termination

Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect. This includes, without limitation, ownership and intellectual property provisions, license restrictions, payment obligations, warranty disclaimers, limitations of liability, dispute resolution provisions, and indemnification obligations. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Assistable or any third party. You understand that termination of your access to and use of the Services may involve deletion of your User Content and other account data from Assistable’s databases, and Assistable shall have no liability for such deletion or loss.

11.0 No Warranty

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, ASSISTABLE AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT OR OUTPUTS ARE ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, ASSISTABLE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES.

ASSISTABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND ASSISTABLE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER.

THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASSISTABLE THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

12.0 Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL ASSISTABLE OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT, OUTPUTS, OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT ASSISTABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

13.0 Indemnification

You agree to indemnify, defend, and hold harmless Assistable and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees and costs of enforcing any right to indemnification under this Agreement, arising out of or relating to your breach of this Agreement or your use or misuse of the Services, including, without limitation, your User Content, your communications (including voice calls and messaging campaigns), your alleged failure to comply with applicable law, or any actions taken by a third party using your account. Assistable reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Assistable, and you agree to assist and cooperate with Assistable’s defense or settlement of these claims.

14.0 Disputes

14.1 Governing Law

All matters relating to this Agreement and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of law principles.

14.2 Dispute Resolution; Venue; Arbitration Option

Any action or proceeding arising out of or related to this Agreement or the Services shall be brought only in a state or federal court located in the State of Florida, USA, and you hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venues. Notwithstanding the foregoing, Assistable retains the right to bring any suit, action, or proceeding against you for breach of this Agreement in your jurisdiction of residence or in any other jurisdiction where such action is necessary to enforce Assistable’s rights.

At Assistable’s sole discretion, Assistable may require any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, to be submitted to and decided by a single arbitrator by binding arbitration under the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys’ fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise.

All arbitrations shall proceed on an individual basis. You agree that you may bring claims against Assistable only in your individual capacity and in so doing you waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Notwithstanding anything to the contrary under AAA rules, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) shall be severed from the arbitration and may be brought in court.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

14.3 Limitation to Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

15.0 Miscellaneous

15.1 Waiver

Except as otherwise set forth in this Agreement, no failure of Assistable to exercise, or delay by Assistable in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

15.2 Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

15.3 Entire Agreement

This Agreement, together with all documents referenced herein, including the Privacy Policy, Acceptable Use Policy, Refund Policy, and any other policies expressly incorporated by reference, constitutes the entire agreement between you and Assistable with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If you have executed a separate written agreement with Assistable (e.g., a Master Services Agreement), that agreement will control in the event of a conflict for the scope it covers.

15.4 Headings

Headings and titles of sections, clauses, and parts in this Agreement are for convenience only and shall not affect the meaning of any provisions of this Agreement.

15.5 No Agency, Partnership, or Joint Venture

No agency, partnership, joint venture, fiduciary, or employment relationship has been created between you and Assistable as a result of this Agreement. You have no authority of any kind to bind Assistable in any respect whatsoever.

15.6 Assignment

You shall not assign or delegate any of your rights or obligations under this Agreement without Assistable’s prior written consent. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve you of any obligations hereunder. Assistable may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against the parties and their respective successors and assigns.

15.7 Export Laws

The Services may be subject to U.S. export control laws and regulations. You agree to abide by such laws and regulations (including, without limitation, the Export Administration Regulations and other applicable export controls) and not to transfer, by electronic transmission or otherwise, any materials from the Services to any foreign national or foreign destination in violation of such laws or regulations.

16.0 Contact Information

All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 7 (User Content). All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [email protected]

By using the Services provided by Assistable.ai, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.