Terms of Service

These Terms of Service (“Terms”) govern your use of the EMOR Voice platform operated by EMOR AI, LLC (“EMOR,” “we,” “us,” or “our”). By creating an account or using our Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

EMOR provides an AI-powered virtual receptionist that answers phone calls, captures leads, books appointments, and sends SMS messages on behalf of your business. The Service includes a web dashboard for configuration, analytics, and management.

2. Consent & Acceptance

By creating an account you affirmatively consent to: (a) the collection, processing, and storage of your data as described in our Privacy Policy; (b) the use of AI-generated voice responses to answer calls on your behalf; (c) the recording and transcription of calls handled by the Service; and (d) the sending of SMS and email messages on your behalf to callers who interact with your AI receptionist. You confirm that you have read and understood both these Terms and our Privacy Policy.

3. Eligibility

EMOR Voice is a B2B platform sold to businesses. The account holder must be at least 18 years old and have the legal authority to bind the business they represent to these Terms. By using the Service, you represent that you meet these requirements. EMOR does not knowingly create accounts for individuals under 18.

End callers (members of the public who call your business and reach the AI receptionist) may be of any age. You are responsible for configuring your AI receptionist appropriately if your business is reasonably likely to receive calls from minors, including by avoiding the collection of personal information from children under 13 in accordance with COPPA and similar laws.

4. Account Registration

You must provide accurate and complete information when creating your account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately if you suspect unauthorized access.

5. Subscription Plans & Billing

5.1 Plans & Pricing

EMOR offers four subscription plans: Demo (free), Starter, Professional, and Enterprise. Each paid plan is offered in two billing cadences — Annual (one charge per year, at a lower effective monthly rate) or Monthly (charged each month, at a higher rate). Current subscription rates, included usage, and per-unit overage rates for each plan are published at emorvoice.com/pricing and inside your dashboard, which together are the authoritative source for any pricing question. The rates shown at checkout at the moment you subscribe (and on the renewal reminder described in Section 5.5(a) for annual renewals) control for your subscription term.

• Demo: Free for a 7-day trial window, with limited usage and a shared demo phone number. No booking, no SMS, no analytics.
• Starter: Full AI receptionist with a dedicated phone number, transactional SMS and email, AI-booked appointments, and unlimited lead capture.
• Professional: Everything in Starter plus the intelligence layer — higher included minutes and SMS, lead nurturing, AI insights, and full analytics.
• Enterprise: Custom pricing per signed order form or master services agreement, with outbound calling, multi-location, white-label, and CRM features.

Plan inclusions and usage limits may be updated by EMOR with notice as set out in Section 25.

5.2 Billing & Auto-Renewal

Paid plans are billed in advance through Stripe in the cadence you select at checkout. Your subscription automatically renews at the end of each billing cycle on the same cadence and at the then-current rate, unless you cancel before the renewal date through your dashboard. By starting a paid subscription you authorize EMOR (through Stripe) to charge your payment method on each renewal without further action by you. No refunds are provided for partial billing periods, and no proration is given for unused portions of an annual term, except where required by law.

5.3 Usage Limits & Overage

Each plan includes a monthly allotment of AI call minutes and other usage units (such as SMS messages, emails, AI-booked appointments, and captured leads), depending on the plan. Usage beyond included amounts is either billed as overage at the per-unit rates published on our pricing page and in your dashboard, or results in a hard-stop on that feature for the remainder of the cycle, depending on the plan.

AI talk-time overage rates, per-SMS overage rates, and any other per-unit overage rates are published on our pricing page and inside your dashboard, which are the authoritative source for current rates. EMOR may update overage rates with notice as set out in Section 25.

Knowledge base storage — fair use.Content you author or import into your knowledge base (FAQs, services, policies, products, and behavioral rules) is not metered against per-cycle usage caps and is included in paid plans without a fixed entry limit. EMOR may flag or restrict accounts whose stored knowledge volume materially exceeds reasonable use for a single business — for example, automated bulk uploads of unrelated third-party datasets, or content unrelated to the account’s stated business purpose. Reasonable use is a fact-specific assessment, and EMOR will contact the account owner before applying any restriction. The free Demo plan includes a small knowledge-entry cap for evaluation purposes.

5.4 Promotional Pricing & Discounts

EMOR may offer promotional discounts (for example, a “skip-trial” discount applied to annual plans). Where a discount is described as applying for the life of the subscription, the discount remains in effect at each renewal so long as the subscription is continuously active and remains on the same plan and cadence. Changing plans, switching billing cadences, or allowing the subscription to lapse may end a promotional discount permanently. Discounts apply only to the plan, cadence, and time period stated in the offer.

5.5 Renewals, Cancellation, Plan Changes & Failed Payments

(a) Auto-renewal. Subscriptions renew automatically at the then-current rate for the same billing cadence (annual or monthly) unless cancelled before the renewal date. For annual subscriptions, EMOR sends a renewal reminder by email to the account billing contact at least 30 days before the renewal date, stating the renewal date and the rate that will be charged, and retains a timestamped record of the send for at least the duration of the subscription plus one year. Customer is responsible for keeping a valid billing email on file; a renewal reminder is deemed delivered when sent to that address, and a hard bounce does not postpone the renewal.

(b) Cancellation.You may cancel your subscription at any time through your dashboard. Cancellation takes effect at the end of the current billing period — the end of the current month for monthly plans, or the end of the current 12-month term for annual plans. You retain access until that date. Cancellation through the dashboard is at least as easy as signup, consistent with the federal Restore Online Shoppers’ Confidence Act (ROSCA) and applicable state automatic-renewal laws, including California Civil Code § 17602 and Florida Statutes § 501.165.

(c) No refunds. Subscription fees are non-refundable, including for unused portions of an annual term, except where required by law. The free Demo plan is available so you can evaluate the Service before purchasing a paid plan.

(d) Plan upgrades. You may upgrade plans at any time. Upgrade fees are prorated through Stripe for the remainder of the current billing period. Upgrades do not extend or reset your renewal date.

(e) Plan downgrades and cadence changes. Downgrades to a lower tier and switches from annual to monthly cadence take effect at the next renewal date. As described in Section 5.4, promotional discounts may end permanently when you change plans or cadences.

(f) Price changes. EMOR will not change the base subscription rate during a paid term. Overage rates and renewal rates may change with at least 30 days’ notice. Continued use of the Service after the change takes effect constitutes acceptance of the new rate.

(g) Failed payments.If a scheduled charge fails, EMOR (through Stripe) attempts to recharge your payment method via Stripe’s automated retry schedule, typically spanning 10 to 21 daysbefore the subscription is finally cancelled. While your account is past due, EMOR pauses live AI handling and routes incoming calls to the fallback target you configured (or, if none, to voicemail) so callers are not dropped. Your dashboard remains accessible so you can update payment at any time during this period. If Stripe’s retries exhaust without successful payment, the subscription is cancelled, after which your account enters the dormancy and 30-day deletion grace described in Section 24 — meaning your data is not deleted at the moment of cancellation, but rather at the end of the dormancy + grace window unless you resubscribe.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Send unsolicited or spam SMS messages, or any messages that violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, A2P 10DLC requirements (see Section 8.2), or similar laws
• Configure your AI receptionist’s greeting or system prompt to claim, suggest, or imply that the AI is a human (see Section 7)
• Transmit harmful, fraudulent, deceptive, or illegal content through the AI receptionist
• Use the Service for robocalling, telemarketing, political campaign calls or messaging, mass automated outbound dialing, third-party debt collection without proper licensing, or any outbound use case outside the inbound-receptionist scope of the Service unless expressly authorized in writing by EMOR
• Operate any business that is illegal under U.S. federal law or the law of the customer’s jurisdiction, including but not limited to unlicensed firearms sales, federally-restricted cannabis distribution, illegal gambling, adult sexual content or services, payday lending in violation of state caps, unregistered securities offerings, or pyramid/MLM schemes
• Resell, white-label, sublicense, or operate the Service as a standalone product offering to third parties (channel-partner and reseller arrangements require a separate written agreement with EMOR)
• Attempt to reverse-engineer, decompile, or extract the source code of the Service
• Interfere with or disrupt the Service’s infrastructure or other users’ use

7. AI Receptionist Disclosure

A growing body of law requires a commercial bot or automated voice agent to proactively disclosethat the caller is interacting with an automated system, not a human — for example, California’s “Bolstering Online Transparency” Act (SB 1001, codified at California Business & Professions Code § 17940 et seq.), the Colorado Artificial Intelligence Act (effective February 2026), Utah’s Artificial Intelligence Policy Act, the EU AI Act’s Article 50 transparency obligations for any caller located in the EU, and similar laws emerging in other jurisdictions. Customer is responsible for compliance in any jurisdiction where its callers are located, not only Customer’s state of operation.

Your obligations:

• You will keep an audible, clear AI self-identification in the greeting played at the start of every AI-handled call (e.g., “AI assistant,” “virtual receptionist,” “automated assistant”). EMOR’s default greeting templates include this disclosure; you may edit the wording but may not remove or obscure it.
• You will not configure your AI’s greeting, system prompt, voice, or knowledge base to claim, suggest, or imply that the AI is a human, including in response to direct questions from callers.
• You acknowledge that the dashboard surfaces a warning when a saved greeting does not appear to include an AI disclosure, and that ignoring this warning is at your own risk.

EMOR’s rights: EMOR may, but is not required to, prepend a brief AI self-identification phrase to calls handled by an account whose configured greeting omits one, and may suspend or terminate the AI receptionist for accounts that repeatedly remove or obscure AI disclosures after notice. Section 6 (Acceptable Use) and Section 23 (Indemnification) apply to any AI-disclosure violation.

8. SMS Messaging & A2P 10DLC Compliance

8.1 General SMS Use

EMOR sends SMS messages on your behalf through Twilio. The TCPA and FCC rules treat transactional/informational messages differently from marketing/promotional messages, and the consent standard for each is different. By using SMS features, you agree to:

• Transactional and informational messages (booking confirmations, reminders, appointment changes, follow-ups to a caller’s inbound inquiry, two-factor authentication, and similar one-to-one service messages): only send to individuals who initiated the contact or otherwise have a reasonable expectation of receiving that specific message — for example, a person who called your business, requested information, or booked an appointment.
• Marketing, promotional, or campaign messages (bulk sends, lead nurturing, re-engagement, sales offers, list sends, or any message whose primary purpose is to advertise or market): only send to individuals who have provided prior express written consent as defined by the TCPA — typically a written or electronic opt-in (signed form, online checkbox, keyword opt-in) that names you as the sender and identifies the type of messages they will receive. A phone call alone does not establish prior express written consent for marketing messages. EMOR’s list-send features are designed around this distinction; bypassing or attempting to bypass those checks is a breach of these Terms.
• Honor all opt-out requests immediately — recipients who reply STOP are automatically unsubscribed and may not be contacted again through the Service without renewed consent.
• Comply with the TCPA, CAN-SPAM Act, A2P 10DLC requirements, CTIA Messaging Principles & Best Practices, and all other applicable messaging regulations.
• Include your business identity in messages sent through the Service.

Message frequency varies based on caller interactions. Standard message and data rates may apply. EMOR is not liable for any regulatory penalties arising from your misuse of SMS features.

8.2 A2P 10DLC Registration & Compliance

U.S. carriers require all application-to-person (A2P) traffic sent over 10-digit long-code (10DLC) numbers to be registered through The Campaign Registry (TCR). The following allocation applies:

• Brand and campaign registration. Customer is the registered brand and campaign owner for all SMS sent under their EMOR account. Customer is responsible for providing accurate registration information (legal entity name, EIN, address, sample messages, opt-in language). EMOR may assist with the registration workflow inside the dashboard but does not own or guarantee approval of the registration.
• Fees.One-time and recurring carrier fees charged by The Campaign Registry, Twilio, and the upstream mobile network operators are pass-through costs and are billed to Customer either through their EMOR subscription or directly by Twilio, depending on the configuration of Customer’s account. Pass-through fees may change without notice when changed by the upstream provider.
• Rejected, suspended, or throttled campaigns. If a campaign is rejected, suspended, throttled, or stripped of throughput by carriers, The Campaign Registry, Twilio, or any upstream provider for any reason (including content, opt-in process, or volume), the corresponding SMS features of the Service will be unavailable to Customer until the issue is resolved. EMOR will provide commercially reasonable assistance but does not guarantee restoration of SMS service. No refund or credit is owed for periods of carrier-imposed unavailability.
• Suspension for non-compliance. EMOR may suspend or restrict SMS features without refund where Customer uses the Service in a manner that risks or causes a 10DLC violation, regulatory complaint, or carrier-level penalty against EMOR or its upstream providers, until the non-compliance is remediated.

9. Voice Cloning

If Customer enables EMOR’s optional voice-cloning feature and uploads voice samples for cloning by EMOR’s speech provider:

• Representations and warranties.Customer represents and warrants that, for each voice cloned: (i) the voice belongs to Customer or a person Customer is authorized to represent for this purpose; (ii) Customer has obtained advance, written, signed consent from the individual whose voice is being cloned that satisfies all applicable biometric privacy laws, including the Illinois Biometric Information Privacy Act (BIPA), the Texas Capture or Use of Biometric Identifier Act (CUBI), Washington RCW 19.375, and any analogous law in the individual’s jurisdiction; (iii) Customer has all necessary rights, licenses, and consents under intellectual property, publicity, and personality-rights laws to clone the voice and to deploy the clone for the uses Customer makes of it; and (iv) the cloned voice does not impersonate any identifiable third party without that third party’s specific, informed, written consent.
• Prohibited uses.Customer will not use voice cloning to impersonate any public figure, celebrity, government official, family member of a third party, or any other identifiable person without that person’s specific, informed, written consent. Customer will not use voice cloning to commit fraud, defamation, harassment, or election interference, or in connection with sexually explicit content.
• Takedown.EMOR may, in its sole discretion and without prior notice, remove any voice clone from Customer’s account upon receipt of a credible takedown notice or claim of unauthorized use, or upon EMOR’s reasonable belief that the clone violates these Terms or applicable law.
• Indemnification.Customer’s indemnification obligations under Section 23 expressly apply to all third-party claims arising from a voice clone Customer created or used through the Service, including BIPA-style statutory-damages claims, right-of-publicity claims, and claims of impersonation, fraud, or defamation.
• EMOR processing and biometric-data commitments. EMOR treats uploaded voice samples and the resulting voiceprints as biometric identifiers regulated by laws including BIPA, CUBI, and Washington RCW 19.375. EMOR (a) uses uploaded voice samples and voiceprints solely to create and operate Customer’s voice clone, and not for training general AI models, marketing, or any other purpose; (b) stores samples and voiceprints encrypted at rest with role-based access restricted to personnel with a need to know; (c) requires every voice-clone upload to attest, at the moment of upload, that the consent described above is on file with Customer; (d) deletes the underlying samples, voiceprint, and model within 30 days of the earliest of (i) Customer deleting the voice clone from the dashboard, (ii) termination of Customer’s account, or (iii) the speaker’s written withdrawal of consent communicated to legal@emorai.com; and (e) maintains a written biometric-information policy and retention schedule consistent with applicable law, available on request to legal@emorai.com. These EMOR commitments do not relieve Customer of its independent obligations under Section 9 to obtain consent and maintain its own compliant biometric-privacy policy.

10. Voice AI & Call Handling

You acknowledge that the AI receptionist is an automated system powered by artificial intelligence and not a human agent. It is not a substitute for trained human staff, professional advice, or emergency services.

AI responses may be inaccurate, incomplete, or inappropriate. The AI may mishear callers, misinterpret requests, provide incorrect business information, book appointments at wrong times, capture lead details inaccurately, or generate responses that do not reflect your business policies. You are solely responsible for reviewing and verifying all AI-generated content, including but not limited to:

• Lead details (names, phone numbers, emails, intent)
• Appointment bookings (dates, times, service types)
• Call transcripts and AI summaries
• SMS and email messages sent on your behalf
• Any information the AI communicates to callers

EMOR is not liable for any damages, losses, missed opportunities, or harm arising from inaccurate or inappropriate AI responses. This includes but is not limited to: lost business due to incorrect information given to callers, missed or double-booked appointments, inaccurate lead data, miscommunicated pricing or policies, and any caller reliance on AI-generated statements.

You are additionally responsible for:

• Ensuring your AI receptionist’s configured instructions, knowledge base entries, and greeting comply with applicable laws
• Complying with call recording and consent laws in your jurisdiction (one-party vs. all-party consent states; see also Section 4 of the Privacy Policy)
• Regularly reviewing call logs, transcripts, and bookings for accuracy
• Not relying on the AI as the sole point of contact for safety-critical, medical, legal, financial, or emergency communications

11. Your Data

You retain ownership of all business data, leads, bookings, and configurations you provide to the Service. We process your data solely to operate the Service as described in our Privacy Policy, including the retention periods set out in Section 5 of the Privacy Policy. You grant EMOR a limited license to use your data as necessary to provide the Service.

12. Intellectual Property & Feedback

The Service, including its software, design, AI models, prompts, and documentation, is owned by EMOR and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable right to use the Service for your business operations.

Feedback.If you send EMOR comments, suggestions, feature requests, ideas, or other feedback about the Service (“Feedback”), you grant EMOR a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and incorporate that Feedback into the Service or other EMOR products without obligation or compensation to you. Feedback is not confidential information.

13. Beta & Preview Features

From time to time, EMOR may make features available on a beta, preview, or early-access basis (“Beta Features”). Beta Features are provided “as is” without any warranty, may be modified or discontinued at any time without notice, may have reduced reliability or different security properties than generally-available features, and may be subject to additional terms displayed at the time of access. Use of a Beta Feature is at your sole risk.

14. Confidentiality

Each party may disclose to the other non-public information relating to its business, technology, finances, or customers (“Confidential Information”). Each party will: (a) use Confidential Information only to perform under these Terms; (b) protect it with the same degree of care it uses for its own confidential information of similar sensitivity, and in any event no less than reasonable care; and (c) limit access to employees and contractors with a need to know who are bound by similar confidentiality obligations. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known to the receiving party free of confidentiality obligations, is independently developed, or is rightfully received from a third party without a duty of confidentiality. Either party may disclose Confidential Information as required by law, subpoena, or court order, provided that party gives the other reasonable advance notice where legally permitted.

15. Publicity & Customer Logos

EMOR may identify Customer as a customer of EMOR Voice (including by use of Customer’s business name and logo) on EMOR’s website, sales decks, case studies, and similar customer-facing collateral, in a manner consistent with Customer’s reasonable trademark guidelines. Customer may opt out of such use at any time by emailing legal@emorai.com; the opt-out takes effect prospectively.

16. Third-Party Services

The Service depends on third-party platforms (collectively, “Subprocessors”) to deliver core functionality, including but not limited to telephony (Twilio), AI inference (OpenAI, Anthropic, ElevenLabs), authentication (Clerk), payments (Stripe), data hosting (Supabase), application hosting (Vercel for the dashboard and marketing site, Railway for the voice runtime), rate limiting and abuse protection (Upstash), error monitoring (Sentry), and business-data lookup (Google). A current list with privacy-policy and DPA links is published at emorvoice.com/subprocessors. Each Subprocessor processes data under its own privacy policy and DPA, which they may revise independently of EMOR; the current published policy at each Subprocessor’s linked URL on that page is the authoritative source for their current terms.

Your use of features that route through these Subprocessors is also subject to their respective terms of service, acceptable use policies, and privacy policies. EMOR is not responsible for the acts, omissions, outages, billing, content moderation decisions, or terms changes of any Subprocessor. Where a Subprocessor terminates, suspends, or restricts service to EMOR or to your account (for example, a carrier blocking SMS for policy reasons, or an AI provider rate-limiting in response to abuse), the corresponding feature of the Service may be unavailable to you until the issue is resolved.

EMOR is not a telecommunications carrier, healthcare provider, legal advisor, or financial institution. We resell access to underlying telephony providers (currently Twilio) and do not own or operate the public switched telephone network. Disputes that arise solely out of an underlying telephony provider’s service (including, for example, number portability, carrier-level call routing, or international termination) are between you and the relevant provider, subject to that provider’s terms.

Notice of Subprocessor changes. EMOR will provide at least 30 days’ advance notice before adding a new Subprocessor that processes Customer Personal Data, via email to account administrators and an update to the public Subprocessors page. Customers with a signed Data Processing Agreement (see Section 19) may object in writing during the notice period.

17. Emergency Services Disclaimer

The EMOR Voice Service is not a replacement for traditional telephone service and does not support emergency calling (911/E911). The AI receptionist cannot connect callers to emergency services. If a caller requires emergency assistance, they should hang up and dial 911 directly. You acknowledge that EMOR is not liable for any inability to reach emergency services through the Service.

18. Service Availability

EMOR targets 99.5% monthly availabilityof the Service’s core dashboard and call-handling components, measured outside of scheduled maintenance and outages caused by Subprocessors. This is a target, not a contractual commitment; standard plans (Demo, Starter, Professional) do not include service credits. Custom availability commitments and service credits, where offered, are governed by an Enterprise order form or master services agreement signed by both parties.

The Service depends on third-party providers (Twilio, OpenAI, ElevenLabs) and may be affected by outages beyond our control. We will make commercially reasonable efforts to notify you of planned maintenance.

19. Security, Breach Notification & Data Processing Agreements

EMOR implements industry-standard security measures including encryption in transit (TLS), encryption at rest, role-based access controls, and database-level row-level security to isolate customer data. Additional detail on EMOR’s security measures and breach-notification commitments (including a 72-hour notice commitment for personal-data breaches affecting your account) is in Section 6 of the Privacy Policy.

Data Processing Agreement (DPA). Where required by GDPR, UK GDPR, CCPA/CPRA, or similar laws — or upon reasonable request by an enterprise customer — EMOR will execute its standard DPA with Customer. To request a DPA, contact legal@emorai.com.

HIPAA & Business Associate Agreements. The Service is not HIPAA-compliant by default. Customers operating in regulated health verticals — including medical, dental, behavioral health, mental health, chiropractic, and physical-therapy practices, and similar covered entities or their business associates — must execute a Business Associate Agreement (BAA) with EMOR before routing any Protected Health Information (PHI) through the Service. Without a signed BAA, Customer must not use the Service in any context reasonably likely to result in end callers disclosing PHI, and EMOR may suspend or terminate accounts that appear to be operating in a regulated health vertical without a BAA on file. Customer acknowledges that real-world callers may volunteer PHI even when not solicited, and Customer is responsible for configuring greetings, AI instructions, intake flows, and post-call handling to (i) avoid soliciting PHI, (ii) avoid acting on PHI in ways that would expand HIPAA exposure, and (iii) handle any volunteered PHI consistently with Customer’s obligations under HIPAA and applicable state health-privacy law. To request a BAA, contact legal@emorai.com.

20. Insurance

EMOR maintains insurance coverage appropriate to the size and risk profile of the Service. Specific coverage types and limits, including any cyber-liability or errors-and-omissions coverage then in force, are disclosed to Enterprise customers under a non-disclosure agreement on request. Nothing in this Section is a representation that any specific coverage line is in force at any given time. Customers entering into Enterprise order forms or master services agreements may be required to maintain commercial general liability and cyber-liability insurance with limits reasonable for their use of the Service, as specified in the applicable order form.

21. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EMOR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI RESPONSES WILL ALWAYS BE ACCURATE. You assume all risk for relying on AI-generated content, transcripts, summaries, and bookings.

22. Limitation of Liability

To the maximum extent permitted by law, EMOR’stotal liability to Customer for any and all claims arising out of or relating to these Terms or Customer’s use of the Service is limited to the amount Customer paid EMOR for the Service in the 12 months preceding the event giving rise to the claim. EMOR is not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost revenue, lost profits, missed calls, business interruption, loss of data, or inaccurate AI responses, even if advised of the possibility of such damages.

Carve-outs.The limitation in the preceding paragraph (a) caps only EMOR’s liability to Customer and does notlimit (i) Customer’s indemnification obligations under Section 23, (ii) Customer’s obligation to pay fees, overage, or other charges that have accrued under Section 5, or (iii) Customer’s obligations under Section 6 (Acceptable Use) or Section 12 (Intellectual Property); and (b) does not apply to liability arising from a party’s gross negligence, willful misconduct, or fraud, or to any other liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow these limitations, so they may not apply to you in full.

23. Indemnification

You agree to indemnify, defend, and hold EMOR harmless from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law (including TCPA, CAN-SPAM, A2P 10DLC requirements, call recording consent laws, AI-disclosure laws such as California SB 1001, COPPA, BIPA, CUBI, and similar biometric privacy laws); (d) content you transmit through the Service or cause the AI receptionist to transmit on your behalf; (e) any voice clone you create or use through the Service, including third-party claims of unauthorized cloning, right-of-publicity violations, or BIPA-style statutory-damages claims; and (f) your failure to obtain consents required for SMS, email, or call recording or transcription in the jurisdictions in which you operate.

24. Termination & Refunds

24.1 Cancellation by You

You may cancel your subscription at any time from your dashboard. Cancellations take effect at the end of the current billing cycle — for monthly plans, the end of the current month; for annual plans, the end of the current 12-month term. You will retain access through that date and will not be charged again. As stated in Section 5.5(c), EMOR does not offer prorated refunds for unused portions of monthly or annual billing periods, and already-paid cycles are non-refundable except where required by law.

Dormancy after cancellation. After cancellation takes effect, your account enters a 60-daydormant state. Your operational data, configuration, knowledge base, and assigned phone number are retained during this period so you can reactivate by resubscribing through your dashboard. During dormancy the AI receptionist is paused; incoming calls are routed to the fallback target you configured or, if none, to a basic voicemail. If you do not reactivate within 60 days, your account is automatically scheduled for the 30-day deletion process described in Section 24.2(c). You may also initiate account deletion directly at any time from the Data & Privacy area of your dashboard, without waiting out the dormancy period; the 30-day deletion grace still applies, as described in our Privacy Policy.

24.2 Termination by EMOR

(a) Material breach with cure. Except as provided in subsection (b) below, if EMOR believes you have materially breached these Terms, EMOR will provide notice describing the breach and a 15-day period to cure. If the breach is not cured within that period, EMOR may suspend or terminate the account.

(b) Immediate suspension or termination without cure. EMOR may suspend or terminate your account immediately, without a cure period, for: (i) non-payment beyond the grace period described in Section 5.5(g); (ii) fraud, deception, or chargeback abuse; (iii) any breach that creates an imminent risk of legal liability, regulatory action, or material harm to EMOR, end callers, or third parties (including, without limitation, TCPA class-action exposure, BIPA exposure, A2P 10DLC carrier penalties, AI-disclosure-law violations, or distribution of illegal content); or (iv) Subprocessor-required suspension where an upstream provider has demanded the account be disabled.

(c) Effect of termination. Upon termination by EMOR under this Section 24.2, or upon expiry of the 60-day dormancy period that follows your cancellation under Section 24.1 without reactivation, your account enters a single 30-day grace window during which you can either (i) cancel the pending deletion and resume service from the dashboard, or (ii) export your operational data in a portable format from Settings → Privacy & data. At the end of the 30-day window your operational data is permanently deleted in accordance with our Privacy Policy. Billing and consent records may be retained beyond this period as required by law, as described in the Privacy Policy.

24.3 Survival

The following sections survive any termination or expiration of these Terms and remain in effect: Section 11 (Your Data, with respect to data already collected), Section 12 (Intellectual Property & Feedback), Section 14 (Confidentiality), Section 16 (Third-Party Services), Section 21 (Disclaimer of Warranties), Section 22 (Limitation of Liability), Section 23 (Indemnification), Section 26 (Governing Law & Dispute Resolution), Section 28 (Severability & Entire Agreement), and any payment obligations that accrued before termination. Termination does not relieve you of obligations to pay amounts already owed.

25. Modifications

We may update these Terms from time to time. We will notify you of material changes via email or a notice on the Service at least 30 days before they take effect. Continued use after changes take effect constitutes acceptance. If you do not agree to the changes, you must stop using the Service before they take effect.

26. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

26.1 Pre-Arbitration Notice

Before initiating arbitration, the party raising a claim must send the other party a written notice of the dispute by email (to legal@emorai.com for EMOR, and to the email on file for Customer), describing the nature and basis of the claim and the specific relief sought. The parties will then make a good-faith effort to resolve the dispute through negotiation for 60 days from the notice. Arbitration may not be commenced before the end of this period. Statutes of limitation are tolled during the negotiation period.

26.2 Arbitration

Except for claims seeking injunctive or equitable relief or small-claims-court actions for amounts within that court’s jurisdictional limits, any dispute arising from these Terms or your use of the Service that is not resolved under Section 26.1 will be resolved exclusively through final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in Alachua County, Florida, USA, or another location mutually agreed by the parties.

26.3 Class Action & Representative Action Waiver

YOU AND EMOR AGREEthat any dispute will be brought in an individual capacity only, not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

26.4 Mass-Arbitration Procedure

If 25 or more substantially similar arbitration demands are filed against EMOR by or on behalf of customers represented by the same or coordinated counsel within a 60-day period, the parties agree that those demands will be administered in batches of up to 50, with one batch resolved at a time, in order to keep the proceedings practicable and to control administrative-fee exposure. The parties will work in good faith with the AAA on a staggered scheduling order. This Section does not waive any party’s right to individual arbitration; it only governs scheduling.

26.5 30-Day Right to Opt Out of Arbitration

You may opt out of Section 26.2 (Arbitration) and Section 26.3 (Class Action Waiver) by sending a written opt-out notice to legal@emorai.com within 30 days of first accepting these Terms. Your notice must include your name, the email associated with your EMOR account, and a clear statement that you wish to opt out of arbitration. An effective opt-out applies only to the disputes covered by the arbitration clause; it does not affect any other provision of these Terms.

27. Force Majeure

EMOR is not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, government actions, internet outages, or failures of upstream providers (Twilio, OpenAI, Anthropic, ElevenLabs, Supabase, Stripe, Clerk, Vercel, Railway, Upstash, or other hosting infrastructure). If a force majeure event materially impairs EMOR’s ability to deliver the Service for more than 30 consecutive days, either party may terminate the affected subscription on written notice without further penalty, and EMOR will refund any prepaid fees attributable to the period after termination.

28. Severability & Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. These Terms, together with our Privacy Policy and any plan-specific or order-form documentation, constitute the entire agreement between you and EMOR regarding the Service and supersede any prior agreements. Our failure to enforce any right is not a waiver of that right.

29. Assignment

You may not assign or transfer these Terms without our prior written consent. EMOR may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

30. Contact

For questions about these Terms, contact us at:

EMOR AI, LLC
563 NW 31st Avenue
Gainesville, FL 32609
Phone: (305) 582-0181
Email: legal@emorai.com