Terms of Service

Effective Date: January 1, 2025

1. Agreement to Terms

By accessing or using Gnosi's AI-powered phone answering and communication services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Gnosi provides AI-powered phone answering, call management, appointment scheduling, and related communication services. Our Service includes:

  • 24/7 AI phone answering capabilities
  • Call recording and transcription services
  • Integration with third-party tools and platforms
  • Analytics and reporting features
  • Custom AI agent configuration
  • SMS and email communication features

3. Account Registration and Security

To use our Service, you must register for an account and provide accurate, complete, and current information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Immediately notifying Gnosi of any unauthorized use of your account
  • Ensuring your account information remains accurate and up-to-date

Gnosi reserves the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. Acceptable Use Policy

You agree not to use the Service to:

  • Violate any laws or regulations
  • Infringe upon intellectual property rights
  • Transmit malicious code or interfere with the Service
  • Engage in fraudulent, deceptive, or misleading activities
  • Harass, abuse, or harm others
  • Use the Service for illegal telemarketing or spam
  • Attempt to gain unauthorized access to any systems
  • Use the Service in any way that could damage Gnosi's reputation

5. Payment Terms

5.1 Subscription Fees: You agree to pay all fees associated with your selected subscription plan. All fees are quoted in U.S. dollars and are non-refundable except as required by law.

5.2 Billing: Subscription fees are billed in advance on a monthly or annual basis. We will automatically charge your payment method on file at the beginning of each billing period.

5.3 Price Changes: Gnosi reserves the right to modify pricing with 30 days' notice. Continued use of the Service after price changes indicates acceptance of the new pricing.

5.4 Overages: Usage exceeding your plan limits will be billed at the current overage rates. You are responsible for monitoring your usage.

6. Data Privacy and Security

6.1 Data Processing: Our processing of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.2 Customer Data: You retain all rights to data you submit to the Service ("Customer Data"). You grant Gnosi a license to use Customer Data solely to provide the Service.

6.3 Security Measures: While Gnosi implements industry-standard security measures, we cannot guarantee absolute security. You acknowledge that you provide Customer Data at your own risk.

6.4 Call Recordings: You are responsible for complying with all applicable laws regarding call recording and obtaining necessary consents from call participants.

7. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. GNOSI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

GNOSI DOES NOT WARRANT THAT:

  • THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
  • THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE
  • THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS
  • ANY ERRORS IN THE SERVICE WILL BE CORRECTED

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GNOSI AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
  • ANY DAMAGES RESULTING FROM:
    • UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
    • INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE
    • BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL CODE TRANSMITTED THROUGH THE SERVICE
    • ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED FROM THE USE OF ANY CONTENT
    • DATA LOSS, CORRUPTION, OR INABILITY TO ACCESS DATA
    • THIRD-PARTY CONDUCT OR CONTENT ON THE SERVICE

IN NO EVENT SHALL GNOSI'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO GNOSI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT GNOSI SHALL NOT BE LIABLE FOR ANY DATA LOSS, FILE CORRUPTION, INACCURACY OF INFORMATION, OR ANY OTHER DATA-RELATED ISSUES THAT MAY OCCUR THROUGH YOUR USE OF THE SERVICE.

9. Indemnification

You agree to defend, indemnify, and hold harmless Gnosi and its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your violation of any applicable laws
  • Any content you submit, post, or transmit through the Service

10. Third-Party Services

The Service may integrate with third-party services and platforms. Your use of such third-party services is governed by their respective terms and privacy policies. Gnosi is not responsible for the availability, accuracy, or reliability of any third-party services and SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THIRD-PARTY SERVICES.

11. Intellectual Property

The Service and its original content, features, and functionality are owned by Gnosi and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without explicit written permission from Gnosi.

12. Termination

12.1 By You: You may terminate your account at any time through your account settings or by contacting support. Termination does not entitle you to any refunds.

12.2 By Gnosi: We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including breach of these Terms.

12.3 Effect of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Force Majeure

Gnosi shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other unforeseeable cause that is beyond the reasonable control of Gnosi.

14. Governing Law and Dispute Resolution

14.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

14.2 Arbitration: Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Houston, Texas.

14.3 Class Action Waiver: You agree to bring any disputes in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

15. General Provisions

15.1 Entire Agreement: These Terms constitute the entire agreement between you and Gnosi regarding the Service.

15.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15.3 No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

15.4 Assignment: You may not assign or transfer these Terms without Gnosi's prior written consent. Gnosi may assign these Terms without restriction.

16. Modifications to Terms

Gnosi reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the new Terms on this page and updating the "Effective Date." Your continued use of the Service after any changes constitutes acceptance of the new Terms.

17. Contact Information

For questions about these Terms of Service, please contact us at:

Gnosi

Email: Service@Gnosi.io

Phone: (832)-772-2249

Last Updated: January 1, 2025
By using Gnosi's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.