Terms of Service

These Terms of Service (the "Terms") are a binding agreement between Ondara ("Ondara," "we," "us," or "our") and the individual or entity that registers for or uses the Service ("Customer," "you," or "your"). By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you enter into these Terms on behalf of a business, you represent that you have authority to bind that business.

1. Definitions

"Service" means Ondara's AI phone-answering platform, website, dashboard, APIs, call scripts, integrations, and related tools. "Customer Data" means data you or your Callers submit to or generate through the Service, including call recordings, transcripts, contacts, leads, and appointments. "Caller" means a person who interacts with a phone line powered by the Service.

2. The Service

Ondara provides an AI agent that answers, screens, qualifies, routes, and logs telephone calls for your business, and tools to build scripts, connect integrations, and view calls, transcripts, leads, and appointments. The Service is a productivity tool that assists your business; it is not a substitute for human judgment and does not guarantee any particular result. We may modify, improve, or discontinue features over time.

3. Eligibility and accounts

You must be at least 18 and able to form a binding contract. You are responsible for the accuracy of your account information, for keeping your credentials confidential, and for all activity under your account. Notify us promptly of any unauthorized use. Ondara is currently offered on an invitation basis, and we may accept or decline accounts at our discretion.

4. Your responsibilities and compliance

You are solely responsible for how you configure and use the Service and for your calls. In particular, you agree that:

• You will comply with all laws applicable to your use, including telemarketing, call-recording, consumer-protection, and privacy laws.
• Call recording. You are responsible for providing any legally required notice and obtaining any legally required consent to record and transcribe calls in the jurisdictions where you and your Callers are located. You will keep Ondara's recording disclosure enabled where required.
• Outbound and automated calling / texting. For any outbound calls, reminders, or text messages, you are responsible for compliance with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, Do-Not-Call rules, and carrier requirements, including obtaining prior express consent where required and honoring opt-out requests.
• You have the right to record, process, and contact the numbers and individuals you direct through the Service, and to provide us the Customer Data you submit.
• You will not use the Service in violation of our Acceptable Use Policy.

SMS/text messaging. Where the Service sends text messages, recipients opt in by providing their number and agreeing during a call, message frequency varies, and message and data rates may apply. Recipients can reply STOP to opt out at any time or HELP for help. Mobile phone numbers and text-messaging opt-in data and consent are not shared with third parties or affiliates for marketing or promotional purposes. Full terms are in our SMS & Messaging Terms.

You are responsible for any emergency-handling limitations: the Service is not an emergency service and must not be relied on to place or route calls to 911 or emergency responders.

5. Third-party integrations

The Service can connect to third-party products at your direction. Your use of those products is governed by their terms, and we are not responsible for third-party products or for data once you direct us to send it to them. You are responsible for maintaining your rights and credentials to those products.

6. Fees, billing, and taxes

Paid plans are billed as described at sign-up, which may include a recurring subscription fee plus usage-based charges (for example, per-minute or per-call fees). Unless stated otherwise, fees are billed in advance, are non-refundable except where required by law, and exclude taxes, which are your responsibility. We may change pricing on reasonable notice, effective at your next billing cycle. Late or failed payments may result in suspension.

7. Trials and demos

Any free trial, pilot, or demo is provided "as is" and may be modified or ended at any time. Features made available for evaluation may differ from paid features.

8. Customer Data and privacy

As between the parties, you own your Customer Data. You grant Ondara a worldwide, non-exclusive license to host, process, transmit, display, and use Customer Data as needed to provide and improve the Service and as permitted by our Privacy Policy. Where Ondara processes personal information on your behalf, our Data Processing Addendum applies and is incorporated into these Terms.

9. Intellectual property; feedback

Ondara and its software, models, and brand are owned by us and our licensors, and no rights are granted except as expressly stated. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.

10. Confidentiality

Each party may access the other's non-public information. The receiving party will protect it with reasonable care and use it only to perform under these Terms, except for information that is public, independently developed, or lawfully obtained, or as required by law.

11. Warranties and disclaimers

The Service is provided "AS IS" and "AS AVAILABLE." To the fullest extent permitted by law, Ondara disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, error-free, or that AI-generated output will be accurate or complete.

12. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill. Ondara's total aggregate liability arising out of or relating to the Service will not exceed the amounts you paid to Ondara in the twelve (12) months before the event giving rise to the claim. These limits do not apply to your payment obligations or your indemnification obligations.

13. Indemnification

You will defend, indemnify, and hold harmless Ondara and its personnel from claims, damages, liabilities, and costs (including reasonable attorneys' fees) arising out of or related to your Customer Data, your calls and messages, your use of the Service, your integrations, or your breach of these Terms or of applicable law (including recording-consent, TCPA, or privacy laws).

14. Term, suspension, and termination

These Terms apply while you use the Service. You may cancel at any time. We may suspend or terminate access if you breach these Terms, fail to pay, or create risk or legal exposure for us or others, or as needed for security. Upon termination, your right to use the Service ends; you may export Customer Data for a reasonable period, after which we may delete it. Sections that by their nature should survive will survive.

15. Governing law and dispute resolution

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws principles. The parties will first try to resolve disputes informally. Any dispute not resolved will be settled by binding arbitration on an individual basis under the rules of a recognized arbitration provider, seated in Arizona, and you and Ondara waive any right to a jury trial and to participate in a class action. Either party may seek injunctive relief in court for intellectual-property or unauthorized-use claims. If arbitration is held unenforceable, the state and federal courts located in Arizona will have exclusive jurisdiction.

16. Changes to these Terms

We may update these Terms. For material changes we will provide notice, and your continued use after the effective date constitutes acceptance.

17. Miscellaneous

These Terms, with the Privacy Policy, DPA, and Acceptable Use Policy, are the entire agreement between the parties on this subject. You may not assign them without our consent; we may assign them to an affiliate or successor. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control. Notices to Ondara may be sent to hello@tryondara.online.