Terms of Use

1) Overview & Acceptance

These Terms of Service (“Terms”) are a legal agreement between you and ELAGENT, INC. (“elAgent,” “we,” “us,” “our”) governing your access to and use of our software, websites, mobile apps, voice/telephony features, AI models, developer tools, hardware or robotics add-ons, and related services (collectively, the “Services”). By creating an account, accessing, or using any part of the Services, you agree to these Terms. If you use the Services on behalf of an entity, you represent that you are authorized to bind that entity and “you” refers to the entity.

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2) Who We Are & What’s Covered

elAgent builds AI products for consumers and businesses, including current, planned, and future Services; alpha/beta features and unknown future offerings.

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3) Eligibility & Accounts

You must be at least 18 (or the legal age of majority where you live) to use the Services. You are responsible for your account credentials, for keeping them confidential, and for all activity under your account. We may require identity verification or additional information for certain features (e.g., enterprise, payments, telephony).

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4) Commercial Terms (Plans, Fees, Trials)

We may offer free, paid, and usage-based plans (for example, subscriptions or per-minute/per-unit billing), as disclosed at signup or in your order form. Certain offerings may include enterprise licenses, hardware rentals, or marketplace transactions. Prices, limits, and billing cycles may change prospectively; material pricing changes will apply from the next billing cycle after notice. Taxes are additional unless stated otherwise. All fees are non-refundable unless required by law or expressly stated.

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5) Trials, Betas & Pre-Release Features

If you access trials, alpha/beta, preview, or evaluation features, you do so “AS IS,” they may be rate-limited or withdrawn at any time, and may not be suitable for production. Feedback you provide may be used to improve the Services without restriction.

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6) Acceptable Use

You will not (and will not permit others to):

• Violate laws or third-party rights (e.g., privacy, employment, wiretap/recording, anti-spam, anti-discrimination).

• Upload or process unlawful, harmful, misleading, discriminatory, or infringing content.

• Reverse-engineer, copy, or misuse our models or Services; probe or disrupt systems; bypass security; or resell access without our written consent.

• Use the Services to make high-risk decisions without appropriate human review and accountability.

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7) Third-Party Services & Integrations

Some features connect to or depend on third-party platforms (e.g., LinkedIn, Greenhouse, calendars, conferencing, telephony, CRMs). Your use of third-party services is governed by their terms and privacy policies, and we are not responsible for them. You authorize us to connect and exchange data with services you link. (Recruiter Agent integrations include LinkedIn/ATS and calendar tools.) 

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8) Marketplace; Developer Content

We may host a marketplace for modules/skills/training materials. Third-party listings are provided by their creators and are their sole responsibility. Your purchase or use of third-party modules is subject to additional developer/merchant terms. We may provide revenue-sharing programs for creators (e.g., creator-favoring splits referenced in product plans), but all commercial terms are governed by the then-current developer agreement. 
 

9) Ownership; License; Feedback

We and our licensors retain all rights, title, and interest in and to the Services, including software, models, content, logos, and documentation. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business or personal purposes. You retain rights in your “Customer Content” (inputs and outputs) as between you and elAgent; you grant us the rights necessary to operate the Services and provide features you enable. If you provide feedback, we may use it without restriction.

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10) Confidentiality

Each party may access confidential information of the other and will protect it with reasonable care and use it only as permitted under these Terms. Exceptions apply for information that is public, independently developed, or lawfully obtained from third parties.

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11) Privacy

Our Privacy Policy (below) describes how we collect and use personal data. For enterprise customers, a Data Processing Addendum may be made available upon request.

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12) Communications, Recording & Consent

Certain features may involve screening, recording, transcribing, summarizing, or placing calls/messages. You represent and warrant you have all necessary notices/consents and that your use complies with applicable recording, wiretap, robocall, and telemarketing laws. Secretary Agent provides real-time screening, transcription, and summaries, and may support callbacks. 
 

13) Hardware, Devices & Robotics (if offered)

We may offer or support wearables (e.g., pendant) and robotics integrations/rentals. Use is at your own risk; keep devices updated; follow safety instructions; and ensure appropriate on-site supervision and insurance coverage. Some offerings may be provided via RaaS (robot-as-a-service) rentals. 
 

14) AI-Specific Notices

AI systems can produce incorrect or incomplete outputs. You are responsible for evaluating outputs for your use case and for maintaining appropriate human oversight. The Services are not a substitute for professional advice (legal, medical, financial, etc.).

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15) Suspension & Termination

We may suspend or terminate access immediately if you breach these Terms, risk harm to others or to our systems, or where required by law. You may stop using the Services at any time; termination does not entitle you to refunds unless required by law.

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16) Changes to Services & Terms

We may modify the Services (including features, limits, and interfaces) and update these Terms. If changes are material, we will provide notice by reasonable means. Your continued use after changes become effective constitutes acceptance.

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17) Warranties & Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY). We do not warrant uninterrupted or error-free operation.

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18) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ELAGENT NOR ITS AFFILIATES, SUPPLIERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, DATA, OR GOODWILL. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO ELAGENT FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

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19) Indemnification

You will indemnify, defend, and hold harmless elAgent and its affiliates, officers, directors, employees, and agents from and against claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your Customer Content; (b) your use of the Services in violation of these Terms or law; or (c) your infringement or misappropriation of rights.

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20) Export & Sanctions

You represent you are not located in, under the control of, or a national or resident of any restricted country or on any prohibited list. You will not export or re-export the Services or related technical data in violation of export control or sanctions laws.

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21) Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Arbitration. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis under the rules of a recognized arbitration provider, in English, with venue in Wilmington, Delaware. You and elAgent waive class actions and jury trials. You may seek injunctive or equitable relief in a court of competent jurisdiction for misuse of IP or breach of confidentiality.

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22) Miscellaneous

These Terms (together with any order forms and referenced policies) are the entire agreement between you and elAgent. If any provision is unenforceable, it will be modified to the minimum extent necessary; the remainder remains in effect. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. No waiver is effective unless in writing.

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23) Contact

ELAGENT, INC.
Email: legal@elagent.ai