Terms of Service

By creating a workspace, registering an administrative account, accessing our APIs, or utilizing the conversational voice and chat services provided by Elamora (“Elamora”, “we”, “us”, or “our”), you (“Customer” or “You”) agree to be legally bound by these Terms of Service and all referenced policies, including our Privacy Policy, User Policy, and Cancellation & Refund Policy.

You represent and warrant that you are at least 18 years of age and possess full legal capacity and corporate authority to bind your organization or commercial entity to these Terms. If you do not agree unconditionally to all provisions set forth herein, you must immediately cease accessing or using the Service.

To access our CRM and telephony capabilities, you must establish an authenticated workspace. You agree to provide accurate, current, and verifiable organization information. You are solely responsible for:

• Maintaining the strict confidentiality of workspace passwords, API keys, and session credentials.
• All activities, voice calls, messages, and API requests executed under your workspace credentials.
• Configuring role-based access controls (RBAC) appropriately among your team members.
• Promptly notifying Elamora at legal@elamora.cloud upon discovering any unauthorized access or security breach.

Elamora provisions PSTN telephone numbers, SIP trunk connections, and messaging endpoints via underlying telecommunications carrier networks (including Telnyx LLC). You acknowledge that your use of telephony services is subject to strict statutory standards:

• TCPA & Telemarketing Laws: You represent and warrant that all outbound voice calls and SMS communications placed through Elamora strictly comply with the Telephone Consumer Protection Act (47 U.S.C. § 227), the Telemarketing Sales Rule (16 C.F.R. Part 310), the CAN-SPAM Act, and national/state Do-Not-Call (DNC) registries. You must possess verifiable prior express written consent before initiating automated calls to wireless telephone numbers.
• STIR/SHAKEN & Caller ID: You agree never to transmit misleading, inaccurate, or spoofed caller identification information. You warrant that you have the lawful right to broadcast the caller ID numbers assigned to or ported into your account.
• Call Recording & Consent: You acknowledge that federal, state, and international wiretapping laws require consent from one or all parties prior to recording audio conversations. As the data controller, you are exclusively responsible for activating audible recording notices or obtaining consent before enabling call recording features.

Elamora utilizes generative artificial intelligence, probabilistic language models, and automated speech synthesis. You acknowledge and agree that:

• AI conversational agents generate responses probabilistically. While our architecture leverages retrieval-augmented grounding (RAG), AI models may occasionally produce unexpected, inaccurate, or fabricated statements (“hallucinations”).
• You are solely responsible for testing, configuring, monitoring, and supervising the behavior, system instructions, and RAG knowledge sources assigned to your AI agents.
• Elamora does not provide legal, medical, accounting, or professional financial advice. AI agents must not be represented as licensed human advisors without certified human oversight.
• Any business commitments, slot bookings, discounts, or statements made by your AI voice agents during customer conversations are your sole responsibility.

Access to Elamora is provided on a recurring subscription basis. Pricing schedules, telephony minute allocations, and feature tiers are detailed on our Pricing page:

• Subscriptions renew automatically at the beginning of each billing cycle (monthly or annually) using the payment method on file via Stripe.
• All recurring fees, telephony top-up packs, and add-on charges are non-refundable except as explicitly stated in our Cancellation & Refund Policy.
• You are responsible for all applicable sales, value-added (VAT), telecommunications excise, or withholding taxes levied on your transactions, excluding taxes based on Elamora's net income.

Platform IP: Elamora and its licensors retain all right, title, and interest in and to the Service, including all source code, database architectures, machine learning routing algorithms, documentation, trademarks, and user interfaces.

Customer Content: You retain sole ownership of all customer records, audio recordings, speech transcripts, and proprietary knowledgebase documents uploaded to your workspace (“Customer Content”). You grant Elamora a non-exclusive, worldwide, royalty-free license to host, process, and transmit Customer Content solely to provide, maintain, and support the Service for your account.

AI Training Exclusion: In accordance with our Privacy Policy, Elamora will not use Customer Content to train public foundation artificial intelligence models without your express written consent.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELAMORA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ELAMORA DOES NOT WARRANT THAT THE SERVICE WILL OPERATE UNINTERRUPTED, SECURE, OR ERROR-FREE, NOR THAT TELEPHONY AUDIO LATENCY OR CARRIER CALL COMPLETION WILL BE UNINTERRUPTED ACROSS ALL PUBLIC NETWORKS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE.

EXCEPT FOR INDEMNIFICATION OBLIGATIONS UNDER SECTION 10 OR INTENTIONAL MISCONDUCT, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO ELAMORA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Customer agrees to defend, indemnify, and hold harmless Elamora, its officers, directors, employees, and telecommunications suppliers from and against any third-party claims, regulatory enforcement actions, liabilities, damages, and reasonable legal expenses arising out of:

• Any violation of telecommunications laws, including the TCPA, TSR, STIR/SHAKEN, or state wiretapping and recording consent laws, resulting from your use of voice agents or messaging.
• Any claim that Customer Content infringes, misappropriates, or violates the intellectual property, privacy, or publicity rights of any third party.
• Any breach of our User Policy.

These Terms remain effective until terminated by either party. You may cancel your subscription at any time directly through billing settings per our Cancellation Policy.

Elamora reserves the right to immediately suspend or terminate access without notice if: (a) you breach these Terms or the User Policy; (b) telecommunications carriers report fraudulent traffic, spam, or high error disconnect codes originating from your account; or (c) payment is delinquent past applicable grace periods.

Upon account termination, customer workspace data is retained for 30 calendar days to permit migration or reactivation, after which data is irreversibly purged in accordance with our data governance standards.

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Prior to initiating formal proceedings, the parties agree to engage in informal negotiation for at least thirty (30) days. Any unresolved controversy or claim shall be determined by binding individual arbitration conducted before a single arbitrator under the commercial arbitration rules of the American Arbitration Association (AAA). YOU AND ELAMORA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.