Terms of Service

These Terms of Service (the "Terms") form a binding agreement between EactiveNet, Inc., a corporation organized under the laws of the State of Delaware, United States ("EactiveNet," "we," "us," or "our"), and the individual or entity that registers for, accesses, or uses the Vortex Voice AI communications platform and related websites, applications, and application programming interfaces (collectively, the "Services"). By creating an account, clicking "I agree," or otherwise accessing or using the Services, you ("Customer," "you," or "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

If you do not agree to these Terms, you must not access or use the Services.

1. Definitions

• "Account" means the registered workspace through which you access the Services.
• "Customer Content" means data, documents, recordings, prompts, and other materials you or your end users submit to the Services, including knowledge-base materials and call audio.
• "End User" means any person who interacts with the Services through you, including callers to your provisioned telephone numbers.
• "Telephony Services" means voice origination and termination, number provisioning and porting, and related carrier functions made available through our underlying carrier partners.
• "Order" means an online subscription selection, plan, or written ordering document referencing these Terms.

2. Eligibility and Accounts

You must be at least eighteen (18) years old and capable of forming a binding contract to use the Services. You agree to provide accurate, current, and complete registration information and to keep it updated. You are responsible for all activity that occurs under your Account, for maintaining the confidentiality of your credentials, and for promptly notifying us of any unauthorized use at [email protected].

3. The Services

Vortex Voice AI provides AI-assisted front-desk and receptionist capabilities, including automated call answering, transcription, knowledge-grounded responses, voice synthesis, appointment handling, and the provisioning of dedicated telephone numbers. We may modify, enhance, or discontinue features from time to time, provided that we will not materially degrade the core functionality of a paid subscription during its then-current term without notice.

4. Subscriptions, Fees, and Billing

• Paid Services are billed in advance on a recurring basis (monthly or as stated in your Order) and, where applicable, on a usage basis for telephony and AI consumption.
• Unless otherwise stated, all fees are quoted and payable in U.S. dollars and are exclusive of taxes, levies, and carrier surcharges, which are your responsibility.
• You authorize us and our payment processor to charge your designated payment method for all fees as they become due. Subscriptions renew automatically unless cancelled before the end of the then-current billing cycle.
• Late or failed payments may result in suspension. Refunds and cancellations are governed by our Refund & Cancellation Policy.

5. Telecommunications Compliance (Your Obligations)

Because the Services include regulated telephony, you are solely responsible for ensuring that your use complies with all applicable laws and regulations, including but not limited to the U.S. Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), CAN-SPAM, the TRACED Act and STIR/SHAKEN caller-authentication requirements, the rules of the Federal Communications Commission (FCC), and analogous state and international laws. You represent and warrant that you will:

• obtain and maintain all legally required consents before placing calls or recording, and honor all opt-out and do-not-call requests;
• provide accurate caller identification and never spoof, falsify, or misrepresent originating numbers;
• disclose the use of an automated or AI agent where required by law; and
• not use the Services for unlawful, deceptive, or abusive communications.

Additional restrictions are set out in our Acceptable Use Policy, which is incorporated into these Terms by reference.

6. Customer Content and AI Output

You retain all ownership of your Customer Content. You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Content solely as necessary to provide and support the Services. You are responsible for the accuracy and legality of Customer Content and for the configuration of your AI receptionist. AI-generated responses are produced programmatically and may contain errors; you are responsible for reviewing outputs used in business-critical or regulated contexts.

7. Acceptable Use and Suspension

Your use must comply with the Acceptable Use Policy. We may suspend or limit the Services, in whole or in part, without liability, if we reasonably believe your use (a) violates these Terms or applicable law, (b) poses a security or fraud risk, (c) threatens the integrity of our network or our carrier partners' networks, or (d) generates abnormal or abusive traffic. Where practicable, we will provide advance notice.

8. Third-Party Services

The Services rely on third-party providers, including carrier (Telnyx), payment (Stripe), and compute (Modal) partners. Your use of such components may be subject to their terms, and we are not responsible for the acts or omissions of third parties.

9. Intellectual Property

As between the parties, we and our licensors own all right, title, and interest in and to the Services, including all software, models, and trademarks. No rights are granted except as expressly set out in these Terms. You may provide feedback, which we may use without restriction.

10. Confidentiality

Each party may receive non-public information of the other. The receiving party will use such information only to perform under these Terms and will protect it with at least reasonable care. This section does not apply to information that is public, independently developed, or rightfully obtained without restriction.

11. Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT CALLS WILL ALWAYS BE COMPLETED. THE SERVICES ARE NOT INTENDED FOR EMERGENCY CALLING, AND YOU MUST MAINTAIN AN ALTERNATIVE MEANS TO REACH EMERGENCY SERVICES (E.G., 911).

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF A LIMITED REMEDY.

13. Indemnification

You will defend, indemnify, and hold harmless EactiveNet and its affiliates, officers, and employees from and against any claims, damages, and expenses (including reasonable attorneys' fees) arising out of your Customer Content, your use of the Services, or your violation of these Terms or applicable law, including telecommunications and consent laws.

14. Term and Termination

These Terms remain in effect while you use the Services. Either party may terminate for material breach not cured within thirty (30) days of written notice. You may cancel at any time in accordance with the Refund & Cancellation Policy. Upon termination, your right to use the Services ceases and we may delete your Account data in the ordinary course. Sections that by their nature should survive (including ownership, disclaimers, limitations of liability, and indemnification) will survive.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The parties will attempt in good faith to resolve any dispute informally. Any unresolved dispute will be resolved by binding arbitration administered under the rules of a recognized arbitration body in Delaware, except that either party may seek injunctive relief in court to protect its intellectual property or confidential information. To the extent litigation is permitted, the state and federal courts located in Delaware will have exclusive jurisdiction.

16. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by posting the revised Terms with an updated effective date and, where appropriate, by additional notice. Continued use of the Services after changes take effect constitutes acceptance.

17. Contact

Questions about these Terms may be sent to [email protected], EactiveNet, Inc.