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. Eligibility

You must be at least 18 years old and have the legal authority to bind your business to these Terms. By using the Service, you represent that you meet these requirements.

3. 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.

4. Subscription Plans & Billing

4.1 Plans

EMOR offers tiered subscription plans (Starter, Professional, and Enterprise) with varying features and usage limits. Plan details and pricing are available on our website and may be updated from time to time.

4.2 Billing

Paid plans are billed monthly in advance via Stripe. Your subscription automatically renews each billing cycle unless you cancel before the renewal date. No refunds are provided for partial months.

4.3 Usage Limits

Each plan includes a monthly allotment of AI call minutes. Usage beyond your plan’s included minutes may be billed as overage or may result in service limitations, depending on your plan.

5. 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) or similar laws
Impersonate a human when callers directly ask if they are speaking with an AI
Transmit harmful, fraudulent, deceptive, or illegal content through the AI receptionist
Use the Service for robocalling, telemarketing, or mass automated outbound dialing without proper consent
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

6. SMS Messaging & Compliance

EMOR sends SMS messages on your behalf through Twilio. By using SMS features, you agree to:

Only send messages to individuals who have provided prior consent (e.g., by calling your business, requesting information, or booking an appointment)
Honor all opt-out requests immediately — recipients who reply STOP will be automatically unsubscribed
Comply with the TCPA, CAN-SPAM Act, and all 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.

7. Voice AI & Call Handling

You acknowledge that the AI receptionist is an automated system and not a human agent. EMOR’s AI identifies itself as an AI assistant. You are responsible for:

Ensuring your AI receptionist’s configured instructions comply with applicable laws
Complying with call recording and consent laws in your jurisdiction (one-party vs. two-party consent states)
Reviewing captured leads and bookings for accuracy, as AI responses may occasionally contain errors

8. 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. You grant EMOR a limited license to use your data as necessary to provide the Service.

9. Intellectual Property

The Service, including its software, design, AI models, 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.

10. 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.

11. Service Availability

We strive for high availability but do not guarantee uninterrupted service. 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.

12. 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.

13. Limitation of Liability

To the maximum extent permitted by law, EMOR’s total liability for any claims arising from your use of the Service is limited to the amount you paid for the Service in the 12 months preceding 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. Some jurisdictions do not allow these limitations, so they may not apply to you in full.

14. Indemnification

You agree to indemnify, defend, and hold EMOR harmless from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from your use of the Service, your violation of these Terms, your violation of any applicable law (including TCPA, A2P 10DLC, or call recording consent laws), or content you transmit through the Service.

15. Termination & Refunds

You may cancel your subscription at any time from your dashboard. Cancellations take effect at the end of the current billing cycle — you will retain access until then but will not be charged again. EMOR does not offer prorated refunds for partial months. Already-paid cycles are non-refundable except where required by law.

EMOR may suspend or terminate your account at any time if you violate these Terms, fail to pay, or engage in activity that harms the Service, other users, or third parties. Upon termination, your data is retained for 30 days to allow export, then permanently deleted in accordance with our Privacy Policy.

16. 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.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Except for claims seeking injunctive or equitable relief, any dispute arising from these Terms or your use of the Service 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 Delaware, USA.

CLASS ACTION WAIVER.You and EMOR agree that 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.

18. 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, ElevenLabs, Supabase, Stripe, Clerk, or hosting infrastructure).

19. 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 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.

20. 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.

21. Contact

For questions about these Terms, contact us at:

EMOR AI, LLC
Email: legal@emorai.com