Terms and Conditions

elAgent provides AI-assisted call-screening and related services designed to help users manage inbound calls, reduce unwanted interruptions, identify spam or scam calls, capture call context, and receive useful summaries and notifications.

Depending on your plan, settings, permissions, and feature availability, the services may include:

• Call forwarding to an assigned elAgent or Secretary Agent number.
• AI-assisted caller engagement and screening.
• Trusted-contact, blocked-contact, transfer, escalation, and call-handling rules.
• Spam, scam, urgency, intent, and caller-context classification.
• Call summaries, notes, transcripts, recordings, action items, and notifications.
• Account management, subscription management, support, and related app or website features.

The services are intended to support human judgment. They do not replace your responsibility to review important communications, configure your settings, and comply with applicable laws.

You must be at least 13 years old, or the minimum age required in your jurisdiction, to use the services. If you are under the age of majority where you live, you may use the services only with consent and supervision from a parent or legal guardian.

You may use the services on behalf of an organization only if you have authority to bind that organization to these Terms. In that case, “you” refers to both you and the organization.

You may need an account to use some or all services. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activity under your account.
• Configuring call forwarding, contact rules, permissions, and notifications appropriately.
• Promptly notifying us of suspected unauthorized access or misuse.

We may refuse, suspend, or terminate accounts where we reasonably believe there is fraud, abuse, security risk, legal risk, or violation of these Terms.

To use call-screening features, you may need to forward calls from your mobile carrier, telephone provider, or device to a number assigned by elAgent. You are responsible for setting up, maintaining, and disabling call forwarding with your provider.

Telecommunications services may depend on third-party carriers, SIP trunking providers, telephony infrastructure, internet connectivity, mobile networks, app stores, device settings, operating systems, and other systems outside our control. We do not guarantee that every call will be received, screened, recorded, transcribed, summarized, blocked, transferred, or delivered without delay or error.

You are responsible for any charges imposed by your carrier or service provider, including forwarding charges, minutes, roaming, data usage, text messaging, or similar fees.

Some features may record, transcribe, summarize, classify, or otherwise process calls. Laws governing call recording, consent, notice, telemarketing, workplace monitoring, and communications privacy vary by location.

You are responsible for using the services lawfully. This may include notifying callers, obtaining consent, disabling recording, using announcements, or avoiding use of the services in situations where recording or AI-assisted screening is restricted.

You agree not to use the services to secretly record, monitor, intercept, or process communications where doing so would violate applicable law or the rights of others.

“User Content” means information, audio, recordings, transcripts, summaries, notes, contact rules, contacts, caller information, feedback, settings, instructions, and other content that you submit to, generate through, or make available to the services.

You retain ownership of your User Content. You grant elAgent a limited, worldwide, non-exclusive, royalty-free license to host, process, transmit, reproduce, display, modify, create derivative technical formats of, and otherwise use User Content only as reasonably necessary to:

• Provide, operate, maintain, secure, and improve the services.
• Generate call summaries, transcripts, labels, notes, action items, and notifications.
• Apply your settings, preferences, contact rules, and call-handling instructions.
• Detect spam, scams, fraud, abuse, security incidents, and technical issues.
• Comply with law and enforce these Terms.

You represent that you have all rights and permissions needed to provide User Content to the services and to authorize us to process it under these Terms.

The services use automated systems, including AI and speech technologies, to process calls, classify intent and urgency, detect spam or scams, generate transcripts and summaries, and produce other outputs.

AI-generated outputs may be inaccurate, incomplete, delayed, or unsuitable for a particular purpose. You should review important outputs before relying on them, especially where a call relates to legal, medical, financial, employment, safety, emergency, or other high-impact matters.

We do not guarantee that the services will identify every spam call, scam attempt, urgent call, trusted caller, caller sentiment, action item, commitment, deadline, or other relevant detail.

The services are not an emergency-response system, medical device, healthcare provider, legal service, financial adviser, security service, or substitute for professional judgment.

Do not rely on the services to contact emergency services, prevent harm, detect all threats, provide medical advice, provide legal advice, provide financial advice, or make high-impact decisions. In an emergency, contact the appropriate emergency service directly.

You agree not to use the services to:

• Violate any law, regulation, contract, or third-party right.
• Record, intercept, monitor, or process communications unlawfully.
• Harass, threaten, defame, abuse, impersonate, deceive, or harm another person.
• Send, facilitate, or support spam, scams, robocalls, phishing, fraud, or unlawful telemarketing.
• Circumvent call-blocking, caller-identification, consent, authentication, or security systems.
• Upload or transmit malware, harmful code, or content designed to disrupt systems.
• Reverse engineer, scrape, crawl, extract, copy, resell, sublicense, or commercially exploit the services except as expressly permitted by us.
• Interfere with or overload the services, networks, telephony systems, or infrastructure.
• Use the services to develop, train, or improve competing products or models without our written permission.
• Misrepresent AI-generated output as verified human communication where that would be misleading or unlawful.
• Use the services in regulated settings where required approvals, notices, consents, or agreements are not in place.

We may investigate suspected violations and may suspend or terminate access where we reasonably believe the services are being misused.

Certain services may be offered through free plans, paid subscriptions, call packs, usage-based charges, promotional trials, or other paid features.

Unless otherwise stated at purchase:

• Free plans may include usage limits and feature restrictions.
• Call packs provide a fixed amount of eligible usage and may expire or be subject to additional rules disclosed at purchase.
• Subscription plans automatically renew until canceled.
• Premium features may require an active paid subscription.
• Taxes, carrier fees, app-store fees, and third-party charges may apply.

Prices, features, usage limits, and plan terms may change. We will provide notice where required by law.

If you purchase through an app store, your purchase, renewal, cancellation, and refund rights may be governed by that app store's terms and billing rules.

If you purchase directly from elAgent, you authorize us and our payment processors to charge the payment method you provide for applicable fees, taxes, renewals, usage charges, and other amounts due.

You may cancel a subscription through the applicable app-store account, app settings, website account settings, or other cancellation method we make available. Cancellation stops future renewal charges but does not automatically provide a refund for prior charges unless required by law or expressly stated at purchase.

Refunds are handled according to the purchase channel, applicable law, and any refund terms disclosed at purchase.

We may offer free usage, trials, credits, referral rewards, discounted pricing, or promotional benefits. Promotional terms may vary and may be changed or discontinued at any time unless prohibited by law.

We may limit eligibility, duration, quantity, geographic availability, redemption, stacking, transferability, and misuse of trials or promotions.

The services may rely on or interoperate with third-party services, including mobile carriers, telephony providers, cloud providers, AI infrastructure providers, transcription providers, app stores, payment processors, analytics providers, customer-support tools, and device operating systems.

Third-party services are governed by their own terms and privacy policies. We are not responsible for third-party services, outages, fees, security practices, data practices, content, or changes.

Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. By using the services, you acknowledge our Privacy Policy.

The services, software, apps, websites, designs, trademarks, trade names, logos, AI workflows, call-screening systems, user interfaces, documentation, and other materials provided by elAgent are owned by ELAGENT, INC. or its licensors and are protected by intellectual-property and other laws.

Except for the limited right to use the services under these Terms, we do not grant you any ownership interest or license in our intellectual property.

You may not use the elAgent name, elAgent™ mark, Secretary Agent name, logos, branding, or confusingly similar marks without our prior written permission.

If you provide feedback, suggestions, ideas, bug reports, feature requests, or other comments, you grant us a perpetual, worldwide, irrevocable, royalty-free license to use them without restriction or compensation. We may use feedback to improve current or future services.

We may provide mobile apps, web apps, software, updates, patches, or configuration changes. You agree that updates may be installed automatically or may be required to continue using the services.

If you download an app through Apple, Google, or another app store, your use of the app may also be subject to that store's terms. The app store is not responsible for providing support, maintenance, warranties, or claims for the services except as required by its own terms or applicable law.

We may offer beta, early-access, experimental, or limited-release features. These features may be incomplete, unstable, inaccurate, changed, suspended, or discontinued at any time. We may collect feedback and usage information to evaluate and improve them.

Do not rely on beta or experimental features for critical communications, emergency needs, regulated obligations, or high-impact decisions.

We may modify, suspend, discontinue, replace, limit, or remove features, plans, usage limits, content, or services at any time. We may also perform maintenance, updates, security changes, or infrastructure changes.

We do not guarantee uninterrupted, error-free, secure, or always-available service. Service availability may be affected by outages, network conditions, carrier behavior, app-store changes, device settings, operating-system restrictions, third-party providers, force majeure events, or other factors outside our control.

You may stop using the services at any time. You may delete your account using available account tools or by contacting us where account deletion tools are not available.

We may suspend or terminate your access if:

• You violate these Terms.
• Your use creates legal, security, fraud, abuse, or operational risk.
• Required payment is not received.
• A third-party service required for the services becomes unavailable.
• We are required to do so by law.
• We discontinue the applicable service.

Termination does not relieve you of payment obligations incurred before termination. Sections that by their nature should survive termination will survive, including intellectual-property rights, payment obligations, disclaimers, limitations of liability, indemnification, dispute provisions, and general terms.

To the maximum extent permitted by law, the services are provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise.

We disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, reliability, and error-free operation.

We do not warrant that:

• The services will meet your needs or expectations.
• Calls will always be received, screened, transferred, recorded, transcribed, summarized, or blocked correctly.
• Spam, scams, fraud, urgent calls, or important calls will always be identified.
• AI outputs will be accurate, complete, lawful, or suitable for your use.
• The services will be uninterrupted, secure, timely, or error-free.

Some jurisdictions do not allow certain disclaimers, so some disclaimers may not apply to you.

To the maximum extent permitted by law, ELAGENT, INC. and its officers, directors, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages, or for lost profits, lost revenues, lost savings, lost data, loss of goodwill, business interruption, replacement services, or damages arising from missed, delayed, blocked, transferred, misclassified, mistranscribed, or incorrectly summarized calls.

To the maximum extent permitted by law, our total liability for any claim arising out of or relating to the services or these Terms will not exceed the greater of: (a) the amount you paid to elAgent for the services giving rise to the claim during the three months before the event giving rise to liability; or (b) $100.

The limitations above apply regardless of legal theory, whether based on warranty, contract, statute, tort, negligence, strict liability, or otherwise, even if a remedy fails of its essential purpose.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless ELAGENT, INC. and its officers, directors, employees, contractors, agents, affiliates, licensors, and service providers from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Your use or misuse of the services.
• Your User Content.
• Your violation of these Terms.
• Your violation of law or third-party rights.
• Your failure to obtain required recording, transcription, communication, or data-processing consent.
• Your use of the services in a regulated, workplace, healthcare, financial, legal, educational, or other sensitive context without required authorization or safeguards.

We reserve the right to control the defense of any matter subject to indemnification, and you agree to cooperate with our defense.

Before filing a claim, you agree to contact us at legal@elagent.ai and attempt to resolve the dispute informally. Your notice should describe the dispute, the relief requested, and information reasonably needed to identify your account.

If a dispute cannot be resolved informally, either party may pursue available remedies in a court or forum with lawful jurisdiction. Nothing in these Terms prevents either party from seeking injunctive or equitable relief for unauthorized use of intellectual property, security incidents, or misuse of the services.

Any claim must be brought within one year after it arises, unless a longer period is required by law.

We may update these Terms from time to time. When we make material changes, we will provide notice as required by law, such as by updating the date above, posting notice in the app or on the website, or sending a message to the email associated with your account.

Your continued use of the services after updated Terms become effective means you accept the updated Terms, where permitted by law. If you do not agree to the updated Terms, you must stop using the services.

Some services, features, promotions, business accounts, or purchase channels may be governed by additional terms. If additional terms conflict with these Terms, the additional terms control for the specific service or feature to which they apply.

For organization, business, or enterprise accounts, a signed written agreement may control over these Terms to the extent of a direct conflict.

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, operation of law, or similar transaction.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable where possible.

Our failure to enforce a provision is not a waiver of our right to do so later.

These Terms, together with the Privacy Policy and any applicable additional terms, constitute the entire agreement between you and ELAGENT, INC. regarding the services.

For questions about these Terms, contact:

• ELAGENT, INC.
• Legal Contact: ELAGENT, INC. Legal
• Email: legal@elagent.ai
• Website: elagent.ai