1. Agreement and parties
These Terms of Service (the "Terms") are a contract between MairyAI LLC, a Wyoming limited liability company ("MairyAI", "we", "us"), and the business that creates a MairyAI workspace or pays for the Service ("Customer", "you"). If you accept these Terms on behalf of a company, you confirm that you are authorized to bind that company.
The Service is offered to businesses only. It is not offered to consumers, and it is not intended for personal, family, or household use.
2. What the Service is
MairyAI is a software service that answers a Customer's inbound business telephone calls with an automated AI assistant ("Mairy"). At launch the Service includes:
- answering inbound calls to a telephone number the Customer assigns to the Service;
- an AI assistant that discloses at the start of each call that it is an AI assistant;
- gathering caller information and qualifying the caller against the Customer's configured instructions;
- booking appointments into a connected Google Calendar account;
- optional call recording and AI-generated transcripts, which are off by default and enabled only under Section 6;
- a web dashboard showing calls, outcomes, summaries, bookings, and account settings.
What the Service does not include at launch. The Service is inbound voice only. It does not include:
- outbound calling of any kind, including callbacks, appointment reminders, and voicemail drops;
- SMS, MMS, WhatsApp, or any other messaging channel. Mairy does not send or receive text messages, and no messaging feature is offered, enabled, or available under this plan;
- any use outside the United States, or in a language other than English.
If we offer messaging or outbound calling in future, they will be offered under separate terms that you would need to accept, because they carry consent obligations that do not apply to inbound voice.
We may improve, change, or remove features. If we remove a material feature you are actively using, we will tell you in advance where practical, and Section 12 (Termination) lets you cancel.
The Service is not a telephone carrier and not an emergency service. It does not place or receive 911 or other emergency calls, and it must never be configured as the answering point for any emergency, life-safety, medical-triage, or crisis line.
3. Your account
You must give accurate business and billing information and keep it current. You are responsible for everything that happens under your workspace, including the acts of your users. Keep credentials confidential and tell us promptly at support@mairyai.com if you believe an account has been compromised. You must be at least 18 years old and legally able to enter contracts.
4. Your configuration is your responsibility
The Service repeats and acts on what you configure. You are responsible for:
- the accuracy of the business information, hours, pricing, service descriptions, policies, and knowledge content you give the assistant to say;
- the telephone numbers, transfer destinations, and calendars you connect, and your right to use them;
- confirming that your callers' bookings, quotes, and commitments are ones your business can honor;
- reviewing call outcomes and following up where a human is needed; and
- your compliance obligations under Section 5 and the Recording and AI Disclosure Policy.
AI output can be wrong. The assistant may misunderstand a caller, mis-transcribe a name or number, or state something inaccurately. You must not use the Service as the sole system of record for anything where an error would cause harm, and you should verify important details with the caller before relying on them.
5. Acceptable use
You may not use the Service, and you may not permit anyone else to use it, to:
- break any law, including telemarketing, call-recording, consumer-protection, and privacy laws;
- make outbound telemarketing, cold-calling, robocalling, predictive-dialing, political, fundraising, or debt-collection calls;
- operate an emergency, crisis, suicide-prevention, medical-triage, or life-safety line;
- collect payment card numbers, bank account numbers, Social Security or government ID numbers, biometric data, precise geolocation, or account passwords by voice through the assistant;
- handle protected health information, or otherwise use the Service in a way that would require us to act as a HIPAA business associate. We do not offer a HIPAA business associate agreement and the Service is not HIPAA-compliant;
- handle information regulated by GLBA, FCRA, FERPA, or similar sector-specific regimes, or information about children under 13;
- deceive callers about whether they are speaking with an AI, or disable, alter, shorten, or work around the AI disclosure or recording notice described in the Recording and AI Disclosure Policy;
- impersonate another business or person, or configure the assistant to give legal, medical, financial, or tax advice;
- resell, sublicense, or provide the Service to third parties as a service bureau without our written agreement;
- reverse engineer, scrape, or copy the Service, or use it to build a competing product;
- probe or attack the Service's security, exceed documented rate limits, or interfere with other customers; or
- use call content, recordings, or transcripts to train a machine-learning model.
We may suspend the Service immediately, without notice, if we reasonably believe your use violates this Section, creates a security or legal risk, or threatens the Service's integrity. We will restore the Service when the cause is resolved, and we will tell you what happened.
6. Recording, transcripts, and caller notice
Call recording and transcript storage are off by default. They turn on only when you enable them in writing for your workspace and confirm you have read the Recording and AI Disclosure Policy, which is incorporated into these Terms.
Mairy identifies itself as an AI at the start of every call, before any conversation begins, and before anything is recorded or transcribed. That announcement cannot be disabled, shortened, or delayed.
You are the party that decides to record your callers, and you are responsible for the legality of that decision. Several states require every party on a call to consent before it is recorded. You are responsible for confirming that recording is lawful for the states your callers call from, keeping the disclosure enabled and unmodified, and for any notice your own callers need. We provide the automated in-call notice as a tool. We do not provide legal advice and we do not warrant that any configuration satisfies the law that applies to you.
7. Fees, billing, and taxes
The launch plan is US$299 per month per workspace, billed in advance, month to month. There is no minimum term.
- Payments are processed by Stripe. We do not receive or store your full card number.
- Your subscription renews automatically each month on your billing date until cancelled.
- We may change the price with at least 30 days' notice before the change takes effect. If you do not agree, you may cancel under Section 12 before the new price applies.
- Fees are exclusive of sales, use, and similar taxes, which you are responsible for unless you give us a valid exemption certificate.
- If a payment fails, we may retry it and may suspend the Service after notice until the balance is paid.
- Fees already paid are non-refundable except as stated in the Cancellation and Refund Policy.
8. Availability — no service level agreement
We do not offer a service level agreement, uptime commitment, or service credits. We work to keep the Service available and will give advance notice of planned maintenance where practical, but the Service may be unavailable because of maintenance, provider outages, telephone network problems, or events outside our control.
Configure a fallback. You must keep a working way for callers to reach your business if the Service is unavailable — a forwarding rule, voicemail, or a person who answers. Do not route your only business line to the Service without a fallback.
9. Your data and our confidentiality
You own your data. As between you and us, you own the business information you configure and the call records, summaries, bookings, recordings, and transcripts generated for your workspace ("Customer Data"). You grant us a limited licence to host, process, transmit, and display Customer Data solely to provide, secure, and support the Service, and to meet legal obligations.
We do not use Customer Data to train AI or machine-learning models, and we do not sell it or share it for advertising. Our handling is described in the Privacy Policy and the Data Processing Addendum, both incorporated into these Terms.
We may create and use aggregated, de-identified statistics that cannot reasonably be used to identify you, your callers, or your business.
Each party will protect the other's confidential information with at least reasonable care and use it only for this agreement.
10. Our intellectual property
We own the Service, its software, models, prompts, interfaces, and documentation, and all improvements to them. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription. We reserve all rights not expressly granted.
If you send us feedback or suggestions, we may use them without obligation or compensation to you.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". To the fullest extent permitted by law, we disclaim all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.
Specifically, we do not warrant that the Service will be uninterrupted, timely, secure, or error-free; that AI output, transcripts, summaries, or bookings will be accurate or complete; that every call will be answered; or that your use of the Service will comply with any law that applies to you.
We make no certification claims. We are not SOC 2 certified, ISO 27001 certified, PCI DSS certified, or HIPAA compliant, and we do not claim to be.
12. Term, cancellation, and termination
These Terms start when you first use the Service and continue until cancelled.
You may cancel at any time from the billing page in your dashboard or by emailing support@mairyai.com. There are two possible outcomes, and only two:
- Ordinary cancellation. The Service continues to the end of the period you have already paid for, and then stops. You are not charged again. The remainder of the current period is not refunded and partial months are not pro-rated.
- Cancellation under the 14-day money-back period. If you ask within 14 days of your first payment, we refund that payment in full and the Service ends immediately rather than at the end of the period.
In both cases the Service stops answering your calls when the cancellation takes effect, and you must move your telephone routing away from the Service before that moment. The Cancellation and Refund Policy governs refunds and states the same rule.
We may terminate these Terms with 30 days' notice for convenience, or immediately if you materially breach these Terms and do not cure the breach within 10 days of notice, if you fail to pay after notice, if you enter insolvency proceedings, or if continuing would expose us to legal or security risk.
On termination: your access ends, we stop answering your calls, and you must move your telephone routing away from the Service. For 30 days after termination you may request an export of your Customer Data. After that period we delete Customer Data as described in the Data Processing Addendum, except for records we must keep for legal, tax, or accounting reasons. Sections 5, 9, 10, 11, 13, 14, 15, and 16 survive termination.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) No indirect damages. Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, lost or missed calls, lost customers, lost bookings, or lost or corrupted data, even if advised of the possibility.
(b) Cap. Each party's total liability arising out of or related to these Terms will not exceed the fees you paid us in the 12 months immediately before the event giving rise to the claim.
(c) Exclusions. The cap in (b) does not apply to:
- your obligation to pay fees;
- your breach of Section 5 (Acceptable use);
- either party's indemnification obligations under Section 14;
- our failure to maintain the security measures described in the Data Processing Addendum, where that failure causes unauthorized access to or disclosure of Customer Data;
- either party's breach of its confidentiality obligations under Section 9; or
- either party's gross negligence, willful misconduct, or fraud.
Neither party limits liability for anything the law does not permit it to limit.
(d) Allocation. These limits apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose. They reflect the agreed allocation of risk and are a material basis of this agreement at the stated price.
Some states do not allow certain limitations, so parts of this Section may not apply to you.
14. Indemnification
You will defend and indemnify us against third-party claims, and pay resulting damages, losses, and reasonable legal fees, arising from: (a) your breach of Section 5 (Acceptable use) or Section 6 (Recording); (b) your failure to obtain any consent or give any notice required for recording, transcription, or contacting your callers; (c) the content you configure the assistant to say; (d) your violation of law or of a third party's rights; or (e) a dispute between you and one of your callers or customers.
We will defend and indemnify you against a third-party claim that the Service, as provided by us and used as permitted, infringes a US patent, copyright, or trademark, and pay damages finally awarded or settled. This does not apply to claims arising from Customer Data, your configuration, your combination of the Service with anything we did not provide, or your use after we tell you to stop. If the Service becomes subject to such a claim, we may modify it, obtain a licence, or terminate the affected part and refund prepaid unused fees.
The party seeking indemnity must give prompt notice, let the other party control the defence, and cooperate reasonably.
15. Third-party services and providers
The Service relies on third-party providers listed in the Subprocessors document, including telephony, speech, AI, hosting, payment, and calendar providers. If you connect a third-party account such as Google Calendar, your use of that account is governed by your agreement with that provider, and you authorize us to access it as needed for the Service. We are not responsible for third-party services or for their availability, and a provider outage may interrupt the Service.
16. General
Governing law and venue. These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules. The exclusive venue for any dispute is the state and federal courts located in the State of Wyoming, and both parties consent to that jurisdiction. The UN Convention on Contracts for the International Sale of Goods does not apply.
Changes. We may update these Terms. For material changes we will give at least 30 days' notice by email or in the dashboard. Continuing to use the Service after the effective date means you accept the updated Terms. If you do not accept them, cancel under Section 12.
Notices. We send notices to the email on your account; you send notices to support@mairyai.com. Email notice is effective when sent.
Assignment. You may not assign these Terms without our written consent, except to a successor of your business. We may assign to an affiliate or a successor in a merger or sale of assets.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations.
Publicity. We will not use your name or logo publicly without your written permission.
Entire agreement. These Terms, together with the Privacy Policy, Data Processing Addendum, Call Recording and AI Disclosure Policy, Subprocessors list, and Cancellation and Refund Policy, are the entire agreement and supersede prior discussions. Terms in your purchase order or vendor form do not apply. If a provision is unenforceable, the rest stays in effect. Failure to enforce a right is not a waiver. Nothing here creates a partnership, agency, or employment relationship. There are no third-party beneficiaries. The parties are independent contractors.
Contact. MairyAI, support@mairyai.com.