Terms of Service

This English-language version is the authoritative, governing text. Translations are provided for convenience only; if there is any conflict, the English version prevails.

1. Acceptance of Terms

By accessing, registering for, or using the Thera AI platform, mobile application, voice services, APIs, websites (including askthera.ai), or any related products and services (collectively, the "Service"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service and Terms of Use (the "Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and Thera AI LLC, a Wyoming limited liability company ("Company," "we," "us," or "our"). If you are using the Service on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.

2. Eligibility and Minimum Age

You must be at least eighteen (18) years of age to register for or use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. The Service is not directed to children under 18, and we do not knowingly collect personal information from anyone under 18.

3. Key Definitions

"Customer Content" means any data, content, recordings, transcripts, prompts, voice data, or materials you or your end users submit to or through the Service.

"Service" means the Thera AI platform, applications, voice services, APIs, websites, and related products and services provided by the Company.

"Units" means the metered units used to measure voice call usage as described in Section 5.

"AI Usage" means the metered computational and service capacity value (expressed in dollars) used for non-voice AI and application features.

4. Description of the Service

Thera AI is an intelligent voice and conversational AI platform that provides automated receptionist, virtual assistant, and related communication and automation capabilities. The Service may include voice-based AI interactions, mobile and web access, AI-powered task handling, integrations, and custom engine deployments for enterprise and specialized use cases (including hospitality).

AI Partners and Technology. The Service utilizes artificial intelligence models and infrastructure provided by multiple technology partners. We reserve the right to change, add, or remove AI partners and underlying technologies at any time without prior notice, provided that the core functionality of the Service remains substantially available.

5. Units System and Usage Measurement

5.1 Call Units

• Domestic calls: 1 Unit per minute
• International (abroad) calls: 2 Units per minute

Call duration is measured in full minutes, rounded up. Domestic calls are those to or from numbers within the United States and its territories.

5.2 AI Usage

AI processing, application features, memory operations, integrations, and other non-call usage are quantified under an "AI Usage" value expressed in dollars of computational capacity.

5.3 Independent Measurement and Expiration

Units and AI Usage are measured and consumed independently. You may consume both during the same billing period. Exhausting one does not exhaust the other. There is no automatic conversion between them. Unless expressly stated otherwise in an order form, unused Units and unused AI Usage expire at the end of each billing period and do not roll over.

6. Subscription Plans

Standard plans currently offered (features and allocations may be updated with notice):

• Starter: 2,500 Units or $400 of AI Usage per billing period
• Professional: 5,000 Units or $800 of AI Usage per billing period
• Enterprise: 7,000 Units or $1,120 of AI Usage per billing period
• Custom / Engine Plan: Specialized deployments (including hospitality). No setup fee; usage primarily per-minute; monthly maintenance fee applies. Terms set in order form.

7. Payment Terms, Billing, and Automatic Renewal

Fees are billed in advance on a recurring basis unless otherwise stated in an order form. You authorize us (or our payment processor) to charge your designated payment method. Fees are non-refundable except as required by law or expressly stated herein.

Automatic Renewal Disclosure. Your subscription will automatically renew at the end of each billing period for successive periods of the same length and at the then-current rates, unless you cancel before the renewal date. By completing your purchase or continuing to use the Service after notice of renewal terms, you acknowledge and agree that: (a) your subscription will renew automatically; (b) we will charge the payment method you provided; and (c) you can cancel at any time. We will provide clear notice of the material terms of automatic renewal before you complete your initial purchase or before any material change takes effect.

Cancellation. You may cancel your subscription at any time through your account dashboard or by providing written notice to support@askthera.ai. Cancellation takes effect at the end of the current billing period. No partial-period refunds are provided unless required by applicable law (including California Automatic Renewal Law and similar state statutes). We will send a confirmation of cancellation. If you are a California consumer, you may also cancel by contacting us using the methods described in our Privacy Policy or account settings.

We will provide reasonable advance notice of any material price increase prior to the renewal date. Continued use or failure to cancel after such notice constitutes acceptance of the new rates.

8. Account Registration and Security

You must provide accurate information and keep it updated. You are responsible for the confidentiality of your credentials and all activity under your account. Notify us immediately of any unauthorized use.

9. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law or regulation
• Infringe intellectual property or other rights of any third party
• Transmit harmful, fraudulent, defamatory, or illegal content
• Engage in spam, phishing, illegal robocalling, or unsolicited communications
• Harass, threaten, or impersonate any person or entity
• Generate or distribute fraudulent AI-generated communications or deepfakes intended to deceive
• Use the Service for high-risk decisions without appropriate human oversight
• Attempt to reverse engineer, decompile, or interfere with the Service
• Use the Service in any manner that could damage, disable, or impair our systems or those of our partners
• Resell, sublicense, or provide the Service to third parties except as expressly authorized

10. Voice Data, Call Recording, and Biometric Information

Customer Compliance Obligations. You are solely responsible for complying with all applicable federal, state, and local laws governing call recording, monitoring, electronic communications, and biometric information. This includes, without limitation, two-party or one-party consent requirements, the Telephone Consumer Protection Act (TCPA), Do-Not-Call rules, telemarketing regulations, the Illinois Biometric Information Privacy Act (BIPA), the California Invasion of Privacy Act (CIPA), and similar biometric or voice-data laws in other jurisdictions.

You must obtain all required consents from callers, end users, or other individuals before recording, analyzing, or processing their voice or biometric data through the Service. You agree to indemnify and hold us harmless from any claims arising from your failure to obtain such consents or to comply with these laws.

Our Processing of Voice Data. Voice recordings, voiceprints, transcripts, and related biometric or identifying information may be processed to provide the Service (including speech-to-text, text-to-speech, speaker recognition where enabled, and quality improvement). We do not sell biometric identifiers. Retention, security, and destruction of such data are governed by our Privacy Policy. Where required by law, we will obtain or facilitate any necessary notices or consents; however, primary compliance responsibility for end-user and caller consent remains with you as the customer deploying the Service.

11. Artificial Intelligence Disclaimers, Data Use, and Training

No Guarantee of Accuracy. AI-generated responses, transcriptions, summaries, and actions may contain errors or incomplete information. The Service is a tool, not a substitute for human judgment or professional advice.

Third-Party AI Providers. Performance and output quality may vary because the Service relies on multiple AI partners. We are not responsible for the acts or service levels of those providers.

Use of Customer Data for Model Improvement. Unless you opt out in writing or through available account settings, we may use de-identified or aggregated Customer Content to improve the Service and our models. We do not sell Customer Content. Enterprise customers may request contractual restrictions on training use via order form.

Human Oversight. For critical or regulated use cases, you remain solely responsible for reviewing AI-generated output before reliance or execution.

12. Feedback

If you provide suggestions, ideas, enhancement requests, or other feedback relating to the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose without obligation or compensation to you. Feedback is not considered confidential.

13. Privacy and Data Protection

Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy at https://askthera.ai/privacy (or successor URL), which is incorporated by reference. Call recordings, transcripts, conversation logs, voice data, and AI-generated outputs may be stored to provide the Service, for quality assurance, and for legal compliance. Retention periods are described in the Privacy Policy. We implement reasonable safeguards and will process personal data in accordance with GDPR, CCPA/CPRA, and other applicable privacy laws where required. Subprocessors and international data transfer mechanisms (including Standard Contractual Clauses where applicable) are addressed in the Privacy Policy.

14. Confidentiality

Each party agrees to keep confidential any non-public business, technical, or financial information received from the other party that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"), and to use such information only for purposes of performing under these Terms. This obligation does not apply to information that is or becomes public through no fault of the receiving party, was already known, was independently developed, or is required to be disclosed by law. Customer Content is governed by the Privacy Policy and data provisions of these Terms rather than this section.

15. Service Availability, Support, and Service Levels

We strive to maintain high availability but do not guarantee uninterrupted service. Scheduled maintenance, force majeure, and third-party outages may affect availability.

Professional and Enterprise Plans. We target 99.5% monthly uptime (excluding scheduled maintenance and force majeure). Support response targets: critical issues within 4 business hours; high-priority issues within 1 business day. Reasonable incident notification will be provided. Service credits, if any, will be set forth in the applicable order form. Starter plan support is best-effort.

16. Suspension and Throttling Rights

In addition to suspension for non-payment or material breach, we may throttle, suspend, or restrict access if: (a) usage threatens stability, security, or performance; (b) we detect abusive, fraudulent, or illegal traffic; (c) continued provision would create legal risk; or (d) required by law. We will use reasonable efforts to provide notice when practicable.

17. Intellectual Property and DMCA

The Service and all related intellectual property remain our exclusive property or that of our licensors. You retain ownership of Customer Content and grant us a limited license to use it to provide and improve the Service.

DMCA Notice Procedure. If you believe content available through the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act to our designated agent at: DMCA Agent, Thera AI LLC, support@askthera.ai (or such other address as we designate). The notice must include the information required by 17 U.S.C. § 512(c)(3). We may remove or disable access to allegedly infringing material and, in appropriate circumstances, terminate accounts of repeat infringers.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. The foregoing limitations shall not apply to liability arising from our gross negligence, willful misconduct, fraud, or infringement of a third party’s intellectual property rights by the unmodified Service, or to the extent prohibited by law. Enterprise customers may negotiate higher caps via order form.

19. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates from claims arising out of: (a) your use of the Service; (b) Customer Content; (c) your violation of these Terms or applicable law (including call-recording, biometric, and telemarketing laws); or (d) claims by third parties related to your deployment of the Service.

20. Export Control and Sanctions

You represent that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted party list. You agree to comply with all applicable export control and sanctions laws and regulations. You may not use the Service in violation of such laws.

21. Force Majeure

Neither party shall be liable for failure or delay in performing obligations (other than payment) if caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, government actions, labor disputes, or failures of utilities or transportation. The affected party shall give prompt notice and use reasonable efforts to mitigate.

22. Term and Termination

These Terms remain in effect while you use the Service. Either party may terminate for convenience upon notice in accordance with the plan or order form.

Termination for Cause. Either party may terminate if the other party materially breaches these Terms and fails to cure such breach within fifteen (15) days after receiving written notice describing the breach (or immediately if the breach is not reasonably curable). We may also suspend or terminate immediately for non-payment, illegal activity, or if continued provision would violate law or create material risk. Upon termination, your access ends and we may delete data after a reasonable period consistent with our Privacy Policy.

23. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets or equity, provided that the assignee assumes our obligations hereunder. We will provide reasonable notice of any such assignment when practicable.

24. Dispute Resolution; Arbitration; Class Action Waiver; Jury Trial Waiver

Informal Resolution. Before filing any formal claim, you agree to contact us at support@askthera.ai and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration. Except for claims that may be brought in small claims court or claims for injunctive relief regarding intellectual property, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Cheyenne, Wyoming, or by video conference if agreed by the parties. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding.

Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

Governing Law. These Terms are governed by the laws of the State of Wyoming, without regard to conflict of laws principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions. If any portion of this arbitration section is found unenforceable, the remainder shall continue in effect, and the unenforceable portion shall be severed.

25. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified via email or through the Service. Continued use after the effective date constitutes acceptance.

26. Miscellaneous

These Terms, together with any order forms, statements of work, and the Privacy Policy, constitute the entire agreement. If any provision is held unenforceable, the remainder remains in effect. Failure to enforce a right is not a waiver. Notices may be delivered electronically.

27. Contact Information

For questions regarding these Terms:

Thera AI LLC

A Wyoming Limited Liability Company

Website: askthera.ai

Email: support@askthera.ai

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND TERMS OF USE.