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Terms of Service

Effective: February 18, 2026

1. Acceptance of Terms

By accessing or using the Butt-Dial communication platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

These Terms apply to all editions of the Service: Community (self-hosted), Enterprise (self-hosted with support), and SaaS (hosted).

2. Description of Service

Butt-Dial provides communication infrastructure for AI agents, including phone calls, SMS, email, and WhatsApp messaging. The Service acts as a transport layer — it does not generate AI responses or make communication decisions. Your AI agent determines what to communicate; the Service delivers it.

3. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.

4. Account Registration

To use the Service, you must create an account with accurate information. You are responsible for:

  • Maintaining the security of your credentials and API tokens
  • All activity that occurs under your account
  • Notifying us immediately of any unauthorized access

5. Acceptable Use

Your use of the Service must comply with our Acceptable Use Policy and all applicable laws, including telecommunications regulations in your jurisdiction.

6. Provider Credentials

You are responsible for obtaining and maintaining valid credentials for third-party providers (Twilio, Vonage, Resend, etc.). The Service does not provide telephony or messaging accounts — it integrates with providers you configure.

7. Compliance Obligations

You are solely responsible for compliance with all applicable telecommunications and data protection laws, including but not limited to:

  • TCPA (Telephone Consumer Protection Act) — prior express consent for automated calls/texts in the US
  • FCC AI Voice Call Rules — the FCC's February 2024 ruling classifies AI-generated voice calls as "artificial" under the TCPA, requiring prior express consent and disclosure
  • State Robocall Laws — many states impose additional requirements on automated and AI-generated calls, including mandatory disclosure and registration
  • Caller ID Accuracy — you must ensure all outbound calls display accurate caller ID information in compliance with the Truth in Caller ID Act
  • GDPR (General Data Protection Regulation) — data protection for EU residents
  • CAN-SPAM — requirements for commercial email in the US
  • A2P 10DLC — business messaging registration requirements in the US
  • CASL (Canadian Anti-Spam Legislation)
  • Country-specific telecommunications regulations

The Service provides compliance tools (DNC checking, TCPA time restrictions, consent tracking, content filtering, AI disclosure) as aids, but you bear ultimate responsibility for legal compliance. These tools do not guarantee compliance and are not a substitute for legal counsel.

8. Consent Requirements

Before initiating communications with any individual, you must obtain appropriate consent as required by applicable law. The Service provides consent tracking tools, but it is your responsibility to obtain and document consent before using the Service to communicate.

9. Data and Privacy

Our handling of data is described in our Privacy Policy. By using the Service, you consent to data handling as described therein.

10. Fees and Payment

Community Edition: Free under the MIT license. You pay provider costs directly.

Enterprise Edition: Subject to a separate commercial agreement.

SaaS Edition: Usage-based billing as specified in your subscription agreement. Provider costs plus applicable markup.

11. AI-Specific Terms

The Service enables AI agents to make phone calls, send messages, and conduct conversations. You acknowledge and agree:

  • AI Communication Responsibility: All communications made by AI agents through your account are your responsibility, regardless of whether the content was generated by your AI or the platform's built-in AI features
  • AI Disclosure: The Service includes an AI disclosure feature that announces calls are AI-generated. Disabling this feature transfers full legal liability for non-disclosure to you
  • AI Agent Monitoring: You are responsible for monitoring and supervising your AI agents' behavior, including the content they generate during voice calls and messages
  • Robocall Prohibition: You may not use the Service to make robocalls (pre-recorded or AI-generated voice calls) without prior express consent as required by the TCPA and applicable state laws
  • No Guarantee of AI Behavior: The platform does not guarantee that AI-generated content will comply with all laws. You must implement appropriate safeguards and oversight

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM LIABILITY FOR:

  • Content generated by AI agents during calls or messages
  • TCPA, robocall, or AI disclosure violations resulting from your use of the Service
  • Regulatory fines or penalties imposed on you by any government authority
  • Claims by third parties who received AI-generated communications through your account
  • Damages arising from your decision to disable AI disclosure or other compliance features

Our total aggregate liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100 for Community Edition users.

13. Indemnification

You agree to indemnify, defend, and hold harmless 95percent.ai, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of the Service, including all communications made through your account
  • AI-generated content transmitted via the platform
  • Robocall or automated calling violations
  • Failure to disclose AI-generated calls to recipients
  • TCPA, FCC, GDPR, CAN-SPAM, CASL, or other regulatory violations
  • Do Not Call list violations
  • Failure to obtain or maintain required consent
  • Any third-party claims resulting from your communications
  • Your breach of these Terms or applicable law

14. Dispute Resolution

14.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@95percent.ai and attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, you and 95percent.ai agree to resolve any dispute, claim, or controversy arising from or relating to these Terms or the Service through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English, in Delaware, USA (or remotely at the arbitrator's discretion).

14.3 Class Action Waiver

YOU AND 95PERCENT.AI 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 ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

14.4 Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction to prevent imminent harm. Small claims court actions are also exempt from arbitration.

15. Termination

We may suspend or terminate your access for violation of these Terms or applicable law. Upon termination, your right to use the Service ceases immediately. Data retention and deletion follows our Privacy Policy.

16. Modifications

We may update these Terms at any time. Continued use after changes constitutes acceptance. Material changes will be communicated via email or in-service notification.

17. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Subject to the arbitration provision above.

18. Contact

For questions about these Terms, contact us at legal@95percent.ai.

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