TERMS OF SERVICE
Last Updated: March 25, 2025
1. AGREEMENT TO TERMS
These Terms of Service (the "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Resonant Systems LLC ("Company," "we," "us," or "our"), a Delaware limited liability company, concerning your access to and use of our AI voice agent platform (the "Service").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE.
By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Service, including any additional guidelines, policies, and terms referenced herein. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right to make changes to these Terms at any time as outlined in Section 13. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.
2. SERVICE DESCRIPTION AND DEFINITIONS
2.1 Service Description
The Service provides AI-powered voice agents for conducting customer research, discovery interviews, and sales calls. The Service includes the platform, all features, applications, database content, software, application programming interfaces (APIs), and services offered by Resonant Systems LLC, as well as any updates, improvements, or new features added to the Service.
2.2 Definitions
Throughout these Terms:
a) "AI Agent" means our artificial intelligence-powered voice interview system that conducts automated interviews, including all associated technology, algorithms, and voice capabilities.
b) "Interview Subject" means any individual participating in interviews conducted through the Service who is not a user of the Service.
c) "Content" means all information, data, text, recordings, and other materials collected or generated through the Service, including but not limited to interview recordings, transcripts, analysis, and reports.
d) "Custom Instructions" means additional directives provided by users to customize AI Agent behavior, including but not limited to interview scripts, prompting, question sequences, and response handling.
e) "Account" means a registered user's access credentials and associated profile within the Service.
f) "User" means any individual or entity that registers for and uses the Service.
g) "Organization" means the business entity associated with a User account.
h) "Dashboard" means the user interface through which Users manage and configure the Service.
3. ACCOUNT REGISTRATION AND MANAGEMENT
3.1 Registration
To access the Service, you must register for an account. During registration, you agree to provide accurate, current, and complete information as prompted by the registration form. You also agree to maintain and promptly update this information to keep it accurate, current, and complete. Each account is limited to a single user and organization, and account sharing between multiple users or organizations is strictly prohibited.
We reserve the right to suspend or terminate any account that we reasonably believe has provided false, misleading, or inaccurate information, or has failed to comply with the requirement that accounts be limited to a single user and organization.
3.2 Account Responsibilities
You are responsible for:
a) Maintaining the confidentiality of your account credentials, including username and password;
b) All activities that occur under your account, whether or not you have authorized such activities;
c) Promptly notifying us of any unauthorized access, security breaches, or suspicious activity related to your account at support@useresonant.com;
d) Ensuring that your account information remains accurate and current;
e) Complying with all applicable laws and regulations in your use of the Service;
f) Ensuring that all users within your Organization who access the Service do so only through properly registered accounts.
3.3 Account Transfers
Account ownership transfers are permitted only through modification of the account holder's name and email address within the same organization. Transfers between different organizations are not permitted. All account transfers must be documented and may be subject to additional verification procedures to ensure the security and integrity of the Service.
4. SERVICE USAGE AND AI AGENT CONFIGURATION
4.1 AI Agent Types
The Service offers three pre-configured AI Agent types: sales, research, and discovery. Each Agent type is optimized for specific interview contexts and objectives:
a) Sales Agents are designed for sales qualification calls and prospect discovery;
b) Research Agents are optimized for structured research interviews and user studies;
c) Discovery Agents are configured for open-ended customer discovery and problem exploration.
Users may customize their AI Agent's name, voice characteristics, and provide Custom Instructions within permitted parameters.
4.2 Custom Instructions
Custom Instructions allow Users to tailor the AI Agent's behavior, questioning patterns, and response handling. All Custom Instructions are subject to review, and we reserve the right to:
a) Reject inappropriate Custom Instructions that violate these Terms or applicable laws;
b) Modify or remove Custom Instructions that may result in the collection of sensitive personal information or otherwise violate our policies;
c) Suspend or terminate accounts that repeatedly submit inappropriate Custom Instructions;
d) Implement technical measures to prevent AI Agents from engaging in prohibited topics or behaviors, regardless of Custom Instructions.
Users are solely responsible for ensuring their Custom Instructions comply with all applicable laws, regulations, and professional standards relevant to their industry.
4.3 Service Limitations
The Service is subject to the following limitations:
a) The pay-as-you-go plan is limited to one AI Agent per account and one concurrent interview at a time;
b) Interview duration is limited to the target duration specified during interview creation, with automatic termination when the duration is reached;
c) Service performance may vary based on network conditions, device compatibility, and other technical factors outside our control;
d) AI Agent capabilities are limited to interview contexts and may not be suitable for all potential use cases;
e) We reserve the right to implement additional usage limitations to ensure Service stability and availability for all Users.
5. USER RESPONSIBILITIES AND CONTENT GUIDELINES
5.1 Interview Subject Consent
You are solely responsible for:
a) Obtaining valid, documented consent from all Interview Subjects before conducting interviews through the Service;
b) Clearly informing Interview Subjects that they will be interacting with an AI system, that the conversation will be recorded, and how their data will be used;
c) Providing Interview Subjects with access to your organization's own applicable terms of service and privacy policy before they participate in an interview;
d) Ensuring Interview Subjects are explicitly informed about data collection, AI use, and their rights before the interview begins;
e) Maintaining comprehensive records of all obtained consents in accordance with applicable laws;
f) Handling consent withdrawals and related data deletion requests in a timely manner;
g) Ensuring compliance with all applicable privacy laws and regulations, including but not limited to laws regarding recording conversations and collecting personal information;
h) Implementing appropriate verification measures to confirm the identity and age of Interview Subjects when required by applicable laws prior to sending an interview link.
Failure to obtain proper consent from Interview Subjects constitutes a material breach of these Terms and may result in immediate termination of your account.
5.2 Prohibited Uses
The Service may not be used for:
a) Collecting sensitive personal information, including but not limited to protected health information under HIPAA, financial account information, government identification numbers, information about minors, or other regulated data categories;
b) Purposes other than legitimate customer research, discovery, or sales interviews;
c) Any activity that may harass, abuse, defame, or discriminate against any individual or group;
d) Tampering with or reverse engineering the AI Agents or any other component of the Service;
e) Circumventing service limitations, security measures, or technical restrictions;
f) Creating multiple accounts to exceed usage or concurrency limitations;
g) Reselling, redistributing, or allowing third-party access to the Service without our express written permission;
h) Conducting interviews in contexts where errors or limitations in the Service could result in physical, emotional, or financial harm;
i) Attempting to extract information from the AI about its design, training, or underlying technology;
j) Any unlawful or unauthorized purposes, or in violation of any applicable laws, regulations, or industry standards.
6. DATA HANDLING AND OWNERSHIP
6.1 Data Storage and Deletion
We maintain the following data practices:
a) Interview data (including recordings, transcripts, and analysis) is retained for the duration of your active account;
b) No separate backups of interview data are maintained beyond the primary storage;
c) Upon account deletion, all associated data is permanently and immediately deleted from our active systems;
d) We do not intentionally collect or store sensitive personal information through error logging or performance monitoring;
e) System logs and performance data may be retained for diagnostic and service improvement purposes, but will not include interview content.
6.2 Data Access and Control
You retain full ownership of:
a) All interview transcripts, summaries, and derived analytics;
b) Reports generated through the Service;
c) Custom Instructions and Agent configurations;
d) Company and product information provided to the Service;
e) All other content you create, upload, or generate while using the Service.
You grant us a limited, non-exclusive license to use this content solely for the purpose of providing and improving the Service. This license terminates when you delete the content from the Service or close your account, except to the extent content has been anonymized and aggregated as described in Section 9.
7. BILLING AND PAYMENT TERMS
7.1 Usage-Based Billing
The Service is billed according to the following terms:
a) Time is measured from AI Agent invocation to destruction;
b) Charges are rounded down to the nearest second;
c) Non-package billing occurs at the END of each monthly billing period;
d) Payment processing is handled through our authorized payment processors;
e) Detailed usage and cost reports are available through the Dashboard and the settings page.
7.2 Payment Obligations
You agree that:
a) All outstanding charges must be paid in full before account cancellation can be processed;
b) We may modify pricing with at least thirty (30) days advance notice displayed prominently in the Dashboard;
c) Service may be suspended for non-payment if charges remain unpaid for more than fifteen (15) days after the billing date;
d) Service may be suspended immediately for a billing failure;
e) You are responsible for all applicable taxes, fees, and surcharges associated with your use of the Service;
f) Disputed charges must be reported within thirty (30) days of the billing date;
g) Refunds are provided solely at our discretion and only in cases of Service malfunction or error.
8. SERVICE AVAILABILITY AND PERFORMANCE
8.1 Uptime Commitment
We strive to maintain a Service availability target of 99.90% uptime, measured on a monthly basis. This uptime commitment excludes:
a) Scheduled maintenance windows, which will be announced at least 48 hours in advance through the Dashboard;
b) Emergency maintenance required to address critical security or performance issues;
c) Failures or disruptions caused by factors outside of our reasonable control, including Internet service provider outages, device issues, or force majeure events as defined in Section 16;
d) Service suspensions resulting from violations of these Terms.
8.2 Service Limitations
You acknowledge and agree that:
a) Service availability depends on various factors, some of which are beyond our control;
b) Service performance may vary based on network conditions, device compatibility, and other technical factors;
c) The Service may occasionally experience temporary disruptions or degraded performance;
d) We do not guarantee uninterrupted service;
e) We reserve the right to modify, suspend, or discontinue any aspect of the Service with reasonable notice.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Ownership and Licenses
a) Platform Ownership: We retain all rights, title, and interest in the Service platform, including the technology, algorithms, software, user interface, design, and all underlying intellectual property. Nothing in these Terms transfers any rights in the Service platform to you.
b) Content Ownership: You retain all rights to your Content and interview data as specified in Section 6.2.
c) Limited License to Us: You grant us a limited, non-exclusive, royalty-free license to use your Content solely for the purpose of providing and improving the Service.
d) Limited License to You: We grant you a limited, non-exclusive, revocable, non-transferable license to use the Service in accordance with these Terms.
e) Anonymized Data: We retain rights to aggregated, anonymized data derived from Service usage patterns and interactions, which may be used for service improvements, feature development, and overall platform enhancement. This anonymized data will not identify you, your Organization, or any Interview Subjects.
f) Feedback: If you provide feedback, ideas, or suggestions regarding the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose.
g) Trademarks: The Service name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Resonant Systems LLC or its affiliates. You may not use such marks without our prior written permission.
10. LIMITATION OF LIABILITY
10.1 Liability Exclusions
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RESONANT SYSTEMS LLC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:
a) Unauthorized access to interview data resulting from your failure to maintain account security;
b) Misuse of interview content by users or Interview Subjects;
c) Service interruptions, delays, or errors;
d) Accidental transmission of sensitive information during interviews;
e) Any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or business interruption;
f) Damages resulting from your failure to obtain proper consent from Interview Subjects;
g) Any damages arising from your violation of applicable laws or regulations;
h) Damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Service, exceeding the amount paid by you for the Service in the one (1) month preceding the event giving rise to the liability.
10.2 Exclusion of Implied Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. TERM AND TERMINATION
11.1 Term
These Terms commence on the date you first access or use the Service and continue until terminated as described herein.
11.2 Termination by User
You may terminate your account at any time by:
a) Providing notice through the account termination process in the Dashboard;
b) Paying all outstanding charges;
c) Completing the account deletion confirmation process.
11.3 Termination by Company
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:
a) Violation of any provision of these Terms;
b) Failure to pay fees when due;
c) Suspected fraudulent, abusive, or illegal activity;
d) Requests by law enforcement or regulatory authorities;
e) Extended periods of account inactivity.
11.4 Effect of Termination
Upon termination of your account:
a) All Content associated with your account will be immediately and permanently deleted;
b) Your access to the Service will be terminated;
c) Any outstanding payment obligations will become immediately due;
d) Sections 9, 10, 12, 14, and 17 shall survive termination.
12. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. The Service is intended for use within the United States only. By using the Service, you agree that the exclusive jurisdiction for any action or proceeding arising out of or relating to these Terms shall be the state or federal courts located in Delaware.
13. MODIFICATIONS TO TERMS
13.1 Updates to Terms
We reserve the right to modify these Terms at any time at our sole discretion. When we make changes:
a) We will post the updated Terms on the Service and update the "Last Updated" date at the top of these Terms;
b) We will notify you through a prominent notice in your Dashboard;
c) For material changes, we will provide at least thirty (30) days' notice before the changes take effect.
13.2 Acceptance of Modified Terms
Your continued use of the Service following notification of changes constitutes your acceptance of the modified Terms. To continue accessing your Dashboard after Terms have been modified, you will be required to explicitly accept the updated Terms. If you do not agree to the new Terms, you must stop using the Service and terminate your account.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Resonant Systems LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
a) Your violation of these Terms;
b) Your use of the Service;
c) Your failure to obtain proper consent from Interview Subjects;
d) Your Content or information provided to or through the Service;
e) Any claim that your use of the Service or your Content infringes upon or violates the rights of any third party;
f) Your violation of any applicable laws, rules, or regulations.
15. SEVERABILITY
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect.
16. FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control, including but not limited to acts of God, epidemics, pandemics, fire, flood, storm, earthquake, explosion, war, hostilities, riots, terrorist activities, government actions, strikes, failure of public or private telecommunications networks, or failure of third-party service providers.
17. DISPUTE RESOLUTION
17.1 Informal Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service, you and Resonant Systems LLC agree to first attempt to resolve such dispute informally by contacting each other at support@useresonant.com
17.2 Formal Proceedings
If a dispute cannot be resolved informally within sixty (60) days from the initial notification, either party may pursue formal legal proceedings in accordance with Section 12 (Governing Law).
17.3 Class Action Waiver
YOU AND RESONANT SYSTEMS LLC 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 OR REPRESENTATIVE PROCEEDING.
18. ENTIRE AGREEMENT
These Terms, together with any documents they expressly incorporate by reference, constitute the entire agreement between you and Resonant Systems LLC regarding the Service and supersede any and all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Resonant Systems LLC regarding the Service.
19. CONTACT INFORMATION
If you have any questions about these Terms or the Service, please contact us at:
Resonant Systems LLC
support@useresonant.com