Terms of Service

1. Who we are

1.1. The Emblematic Voice service (the “Service”) is provided by Emblematic, Inc., a Delaware corporation with its registered office at 251 Little Falls Drive, Wilmington, Delaware 19808, USA (“Emblematic,” “we,” or “us”).

1.2. You can reach us about anything in these Terms at info@emblematic.ai.

2. Who may use the Service

2.1. Business use only. The Service is offered only to businesses, professionals, and other organizations acting for business purposes (the “Customer” or “you”). It is not offered to consumers for personal, family, or household use.

2.2. Age and authority. You confirm that you are at least 18 years old. If you accept these Terms on behalf of a company or other organization, you also confirm that you have authority to bind it, and “you” refers to that organization.

2.3. Electronic acceptance and records. You agree that your electronic acceptance is binding and that we may provide these Terms, invoices, notices, and other communications electronically, by email or in the dashboard.

2.4. Other terms. Terms in any purchase order or other document you send us do not apply, even if we accept or process it.

3. The Service

3.1. What it does. Emblematic Voice is an artificial-intelligence receptionist that answers your business’s phone calls, including outside business hours. Depending on your Plan and how you set it up, it can answer callers’ questions using the information and documents you provide, book appointments in a connected Google Calendar or Microsoft Outlook calendar, transfer calls to the people you choose under the rules you set, and email you a summary after calls. Recordings, transcripts, and summaries of calls are available in your dashboard. Features may vary by Plan and may change over time.

3.2. Artificial intelligence. The assistant generates its responses automatically. We work to make it accurate and reliable, but it can make mistakes, misunderstand callers, or give incomplete or inappropriate answers. You are responsible for configuring the assistant (its instructions, the information and documents you give it, and its transfer and booking rules), for reviewing its conversations, and for correcting its configuration when needed.

3.3. Not for emergencies. The Service cannot place or connect calls to 911 or any other emergency service, and it must not be relied on for emergencies, for medical, legal, or safety advice, or for any communication where a missed or wrong answer could cause injury, death, or significant harm. If your callers may have an emergency, your greeting and instructions should direct them to call 911.

3.4. Beta features. Features labeled “beta,” “preview,” or similar are provided as-is, may be changed, limited, or discontinued at any time, and are excluded from any service level commitment.

3.5. Phone numbers. Phone numbers we provide are made available through our telephony providers and are assigned to your account while your subscription is active. They are not your property. When your subscription ends, or if your account stays unpaid after a grace period, the numbers may be released. If you switch to a Plan with fewer included numbers, the numbers you do not keep are released when the new Plan starts. Released numbers may not be recoverable. If you forward calls from your existing number, you keep that number with your own carrier, and your carrier’s terms and charges apply.

4. Your account

4.1. You must give accurate, complete, and current information when you create your account and keep it up to date. We may suspend or terminate an account under Section 20 if we reasonably believe the information is false or these Terms have been breached.

4.2. You are responsible for keeping your login credentials secure and for all activity in your account, including activity by the users you invite. All Plans include unlimited dashboard users. Tell us promptly at info@emblematic.ai if you learn of any unauthorized use.

5. Plans

5.1. Our subscription plans (each a “Plan”) and their limits are those published at emblematic.ai/en and shown to you at checkout. As of the date of these Terms:

5.2. If the price or limits shown to you at checkout differ from this table, what was shown at checkout applies to your purchase. The Enterprise Plan is governed by a separate written agreement signed by both parties, which prevails over these Terms where they conflict.

6. Fees, taxes, and payment

6.1. Currency. All prices are in US dollars ($) and exclude taxes.

6.2. Payment. Payments are processed by Stripe. By purchasing a Plan, you authorize us, and Stripe on our behalf, to charge your payment method on a recurring basis for your Plan, extra minutes, extra phone numbers, and applicable taxes until you cancel. You must keep a valid payment method and accurate billing details (legal name and billing address) on file.

6.3. Billing cycle. Plans are billed in advance, monthly or annually as you choose. An annual Plan costs less than twelve monthly payments, a saving of about 15%.

6.4. Taxes. Prices do not include sales, use, telecommunications, or similar taxes and fees. Where we are required to collect them, applicable state and local taxes are calculated through Stripe Tax and added at checkout and on each invoice. If you are exempt, send us a valid exemption certificate at info@emblematic.ai and we will apply it to future invoices. You are responsible for all taxes on your purchases other than taxes on our net income.

6.5. Included minutes and extra minutes. Each Plan includes a monthly allowance of minutes that resets every month, including on annual Plans, and does not roll over: Starter includes 200 minutes, Solo 1,000, and Team 3,000. Minutes used beyond the allowance are billed at $0.30 per minute on Starter, $0.15 on Solo, and $0.15 on Team, plus taxes, after you use them. Every call the assistant answers uses minutes, including test calls from the browser or by phone. You can follow your usage for the month in your dashboard.

6.6. Extra phone numbers. Each phone number beyond those included in your Plan costs $7 per month. It is charged in full when you add it, including during a free trial, and then renews with your subscription until you ask us to remove it or it is released under Section 3.5.

6.7. Failed payments. If a charge fails or is reversed, we may retry it and, after notifying you, suspend or limit the Service until your account is paid up.

6.8. Refunds. Fees are non-refundable, including for partial billing periods and unused minutes, except for billing errors under Section 9 or where the law requires a refund.

7. Free trial, renewal, and cancellation

7.1. Free trial. New subscriptions may start with a free trial. Its length is shown at checkout (currently 14 days), and a payment method is required to start it. When the trial ends, your subscription automatically converts to the Plan you chose and your payment method is charged, unless you cancel before the trial ends. If you cancel during the trial, you are not charged for the Plan. Extra phone numbers are charged during the trial as described in Section 6.6, and usage limits may apply during the trial.

7.2. Automatic renewal. Your subscription renews automatically for the same period (monthly or annual) at the then-current price until you cancel.

7.3. How to cancel. You can cancel at any time from the Plans page in your dashboard or by emailing info@emblematic.ai. Cancellation takes effect at the end of your current billing period or free trial. You keep access until then. We will not charge you for another billing period, but extra minutes and extra phone numbers from before that date may still be billed under Sections 6.5 and 6.6.

7.4. After cancellation. When your subscription ends, the assistant stops answering calls, phone numbers we provided may be released as described in Section 3.5, and your data is deleted as described in Annex I. If you want a copy of your Call Data, ask us before then.

7.5. Changing Plans. You can switch Plans from the Plans page or by contacting us. An upgrade takes effect right away. A downgrade takes effect at the end of the current billing period, and phone numbers beyond the new Plan’s allowance are released as described in Section 3.5.

8. Changes to the Service, prices, and these Terms

8.1. Prices and features. We will give you at least thirty (30) days’ notice by email of any price increase or any material reduction in the features of your Plan. The change takes effect at your next renewal after the notice period.

8.2. These Terms. We may update these Terms. We will notify you of material changes by email or in the dashboard at least thirty (30) days before they take effect, unless a change is required by law or only covers new features, in which case it may take effect sooner. If you do not agree, you may cancel before the change takes effect. Continuing to use the Service after that date means you accept the updated Terms. Updated Terms do not apply to disputes that arose before they took effect.

8.3. Improvements. We may improve or make minor changes to the Service at any time.

9. Billing errors

9.1. If you believe a charge or invoice is wrong (for example, an incorrect amount, a duplicate charge, or incorrect billing details), tell us at info@emblematic.ai within thirty (30) days of the charge. If we confirm the error, we will correct the invoice and refund any overcharge through Stripe.

10. Acceptable use

10.1. You must use the Service lawfully and in line with these Terms. You must not, and must not allow anyone else to:

• use the Service to make unsolicited calls or send unsolicited messages, or in any way that violates the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the National Do Not Call Registry rules, or similar state laws;
• use caller ID in a misleading or unlawful way, including in violation of the Truth in Caller ID Act;
• impersonate any person or organization, or harass, threaten, deceive, or unlawfully discriminate against anyone;
• use the Service for illegal content or activities, or to infringe anyone’s intellectual property, privacy, or other rights;
• try to gain unauthorized access to the Service, interfere with or overload it, or test its security without our written permission;
• copy, modify, decompile, or reverse-engineer the Service, except to the extent the law allows despite this restriction;
• resell, sublicense, or provide the Service to third parties without our written permission.

10.2. If you breach this Section, we may suspend the Service immediately under Section 20.

11. Your responsibilities for calls and callers

11.1. AI disclosure. You are responsible for telling callers that they are speaking with an artificial-intelligence assistant wherever the law requires it. You can do this in the assistant’s greeting.

11.2. Recording and transcription. The Service records and transcribes calls in order to work. You are responsible for giving callers any notice and obtaining any consent that federal and state laws require, including laws that require the consent of every party to a call. For example, the assistant’s greeting can tell callers that the call is recorded. You are also responsible for giving callers any privacy notice the law requires.

11.3. Telephone and messaging laws. You are responsible for complying with the TCPA and other telephone and messaging laws for any calls or messages made through the Service at your direction.

11.4. Numbers and forwarding. You are responsible for making sure that forwarding calls from your numbers, and your use of the numbers we provide, comply with your carrier agreements and the law.

11.5. Your information. You are responsible for the accuracy of the information you give the assistant (for example, services, prices, hours, and policies) and for the answers it gives based on that information and your configuration.

12. Intellectual property

12.1. Our property. We and our licensors own the Service, including its software, models, and the “Emblematic” and “Emblematic Voice” names and logos. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to use the Service for your business during your subscription.

12.2. Your data. You own the content you provide and the recordings, transcripts, and other data from your calls (“Call Data”). You give us a limited license to host, process, and use your content and Call Data only to provide, secure, and support the Service for you.

12.3. Usage data. We may collect information about how the Service is used, such as call counts and performance measurements, to operate and improve the Service. This usage information does not include the content of calls.

12.4. Feedback. If you send us suggestions or feedback, we may use them without any obligation to you.

13. Privacy and data protection

13.1. When the Service processes personal information about your callers on your behalf, you are responsible for that information as the business that decides how it is used, and we process it only on your behalf and under your instructions. The Data Processing Addendum in Annex I governs that processing and is part of these Terms.

13.2. Our commitments:

• Where data is stored. Call Data is processed and stored in the European Economic Area (EEA). When Emblematic, Inc. or one of our sub-processors accesses it from elsewhere, including from the United States, appropriate safeguards apply.
• Retention. Call Data is deleted after thirty (30) days, unless you instruct otherwise or the law requires us to keep it longer.
• No training. We do not use your data or your callers’ data to train AI models.
• No selling or sharing. We do not sell your callers’ personal information or share it for advertising.
• Security. We use technical and organizational measures appropriate to the risk, including encryption in transit and at rest and access controls.

13.3. Google user data. If you connect a Google account to the Service, we access and process Google user data only to provide the scheduling features, as described in the Privacy Policy. Our use of raw or derived user data received from Google Workspace APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. We do not use, transfer, or sell Google user data to develop, improve, or train generalized or foundational AI/ML models.

13.4. Our Privacy Policy explains how we handle personal information collected through our website.

14. Confidentiality

14.1. Each party will keep confidential any non-public information it receives from the other in connection with these Terms (“Confidential Information”), use it only for the purposes of these Terms, and not disclose it without the other party’s written consent, except to its employees and contractors who need to know it and are bound by similar obligations.

14.2. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was lawfully known to it or received from a third party without restriction, or that it develops independently. A party may disclose Confidential Information when required by law, after giving the other party reasonable notice where permitted. These obligations survive the end of your subscription.

15. Third-party services

15.1. The Service works with third-party services, such as Google Calendar, Microsoft Outlook, Stripe, telephony carriers, and AI model providers. Your use of third-party services you connect is governed by their own terms, and you are responsible for your accounts with them.

15.2. We are not responsible for failures, interruptions, or changes in third-party services that are outside our control.

16. Availability and support

16.1. We aim to keep the Service highly available, but it may be interrupted for maintenance, by failures of third-party services, or by events outside our control.

16.2. Support depends on your Plan, as shown in Section 5.1. The 99.9% uptime SLA applies only to the Enterprise Plan, on the terms of its written agreement.

17. Disclaimer of warranties

18. Limitation of liability

18.3. These limits apply to all claims, whether in contract, tort, or otherwise, but do not limit liability for fraud, gross negligence, or willful misconduct, or any liability that cannot be limited by law. Nothing in this Section limits your obligation to pay fees or your obligations under Section 19.

19. Indemnification

19.1. You will defend and indemnify Emblematic and its officers, employees, and agents against any third-party claim, and the resulting losses, damages, fines, and reasonable legal fees, arising from (a) your use of the Service in violation of these Terms or the law, including the laws on telemarketing, call recording, and AI disclosure in Section 11; (b) the content and information you provide; or (c) your configuration of the assistant.

19.2. We will notify you promptly of any such claim, let you control its defense and settlement (but you may not settle a claim in a way that imposes obligations on us or admits fault on our behalf without our consent), and give you reasonable help at your expense. A delay in notifying you reduces your obligations only to the extent the delay harms your ability to defend the claim. We may take part in the defense with our own counsel at our own expense.

20. Suspension and termination

20.1. We may suspend the Service, with notice where reasonable, if you breach these Terms, fail to pay, use the Service unlawfully or abusively, put the security of the Service at risk, or if the law requires it.

20.2. We may terminate your subscription if you materially breach these Terms and do not cure the breach within fifteen (15) days of our notice, or immediately for a serious breach of Section 10 or Section 11.

20.3. You may end your subscription at any time by canceling under Section 7. Ending the subscription does not relieve you of fees already owed. Sections 6, 9, 11, 12.2 through 12.4, 13, 14, and 17 through 22, and Annex I for as long as we hold personal information on your behalf, survive the end of your subscription.

21. Governing law and disputes

21.1. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.2. Before starting any legal proceeding, other than a request for urgent injunctive relief under Section 21.3, the party raising the dispute will contact the other in writing and both will try in good faith to resolve it for at least thirty (30) days.

21.3. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in the State of Delaware, and each party consents to their jurisdiction. Either party may, however, seek urgent injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

22. General

22.1. Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets, with notice to you. Any attempt to assign these Terms in breach of this Section is void. These Terms bind the parties’ permitted successors and assigns.

22.2. Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, outages of carriers or cloud providers, or acts of government. This does not excuse payment obligations.

22.3. Export and sanctions. You may not use the Service in violation of US export control or sanctions laws, or in or for any country or person subject to US sanctions. You confirm that you are not located or organized in a country or region subject to comprehensive US sanctions, and that you are not on, or owned by anyone on, a US government list of prohibited or restricted parties.

22.4. Notices. We will send notices to the email address on your account. You can send notices to us at info@emblematic.ai.

22.5. Entire agreement. These Terms (including Annex I), together with the Privacy Policy and the details of your Plan shown at checkout, are the entire agreement between you and Emblematic about the Service and replace any prior agreement on the same subject, except a separate Enterprise agreement under Section 5.2.

22.6. Severability, waiver, and relationship. If any provision of these Terms is found unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver of it. The parties are independent contractors, and these Terms create no rights for third parties, except for the people Section 19 protects.

22.7. Language. These Terms are written in English, and the English version governs. Any translation is provided for convenience only.

23. Contact

Emblematic, Inc., Emblematic Voice · 251 Little Falls Drive, Wilmington, Delaware 19808, USA · info@emblematic.ai

Annex I. Data Processing Addendum

This Addendum is part of the Terms and applies whenever we process personal information on your behalf through the Service. It needs no separate signature.

1. Roles. You decide why and how your callers’ personal information is processed, and we process it only on your behalf. Under US state privacy laws, such as the California Consumer Privacy Act, you are the business and we are your service provider. Where the GDPR or similar laws apply, you are the controller and we are your processor.

2. Purpose and instructions. We process personal information only to provide the Service to you (answering calls, booking appointments, transferring calls, emailing call summaries, and the integrations you configure) and only on your documented instructions, which are your configuration of the Service and these Terms.

3. Data.

• Whose data: people who call your assistant, such as your customers, patients, suppliers, and other contacts.
• What data: identification and contact details (such as name and phone number), the content of calls (audio and transcripts), booking and request details, and any other information you configure the assistant to collect. You must not configure the Service to collect payment card, bank account, or government identification numbers unless the law allows it and we have agreed to it in writing.
• How long: while we provide the Service to you, and until the data is deleted as described in item 11.

4. Service provider commitments. We will not sell your callers’ personal information or share it for cross-context behavioral advertising. Except as the law permits a service provider to do so, we will not retain, use, or disclose it for any purpose other than providing the Service to you, or outside our direct business relationship with you, or combine it with personal information we receive from other sources. We will comply with the US state privacy laws that apply to us as your service provider, give the same level of privacy protection they require, and tell you if we can no longer meet these obligations, in which case you may take reasonable steps to stop and remedy any unauthorized use. You may also take reasonable and appropriate steps, such as the audits in item 12, to make sure we use the information in a way consistent with your obligations under those laws.

5. Confidentiality. Everyone we authorize to process the information is bound by confidentiality obligations.

6. Security. We apply technical and organizational measures appropriate to the risk, including encryption in transit and at rest, access controls, and separation of each customer’s data.

7. Sub-processors. You authorize us to use sub-processors to provide the Service in these categories: telephony, payment processing (Stripe), cloud infrastructure in the EEA, AI model providers, calendar connection services, and email delivery. We impose data protection obligations on each sub-processor at least as protective as this Addendum, remain responsible for their performance, and will notify you of material changes. You may object to a change on reasonable grounds.

8. Assistance. We will reasonably help you respond to requests from individuals exercising their privacy rights and meet your other obligations under privacy laws, taking into account the nature of the processing.

9. Security incidents. We will notify you without undue delay after becoming aware of a security incident affecting personal information we process on your behalf, with the information reasonably available to us.

10. Location and transfers. Call Data is processed and stored in the EEA. When Emblematic, Inc. or a sub-processor accesses it from another country, including the United States, we apply appropriate safeguards, including Standard Contractual Clauses where the GDPR requires them.

11. Deletion. We delete Call Data after thirty (30) days by default. When your subscription ends, we delete the personal information we process on your behalf, or return it if you ask before then, unless the law requires us to keep it.

12. Audits. We will make available the information reasonably necessary to show that we comply with this Addendum and will cooperate with reasonable audits, with prior notice, no more than once a year unless required by law or after a security incident.

Privacy contact: info@emblematic.ai