Terms of Service

These Terms of Service ("Terms") govern your use of Talkybara ("Talkybara," "we," "us," or "our").

By creating an account or using Talkybara, you agree to these Terms.

1. The Service

Talkybara provides AI-powered phone answering, appointment scheduling, call management, and related business communication tools.

Talkybara is intended for business use.

2. Your Account

You are responsible for providing accurate account information, keeping your login credentials secure, and for activity occurring through your account.

You may access Talkybara using an email address and password or a supported authentication provider such as Google, Apple, or Microsoft.

3. Free Trials

Unless otherwise stated, free trials are limited to one per business.

We may restrict or terminate a trial if we reasonably determine that the trial program is being abused or circumvented.

If your trial is set to convert to a paid subscription, the pricing and timing of that conversion will be disclosed when you sign up. You must cancel before the end of the trial to avoid the applicable subscription charge.

4. Billing

Paid subscriptions renew automatically at the price and billing interval shown when you subscribe unless canceled.

Plans may include a specified amount of AI call usage. Usage above the included amount may be charged at the applicable overage rate shown for your plan.

You may cancel through your account settings. Cancellation stops future renewals but does not ordinarily refund charges already incurred.

Unless required by law or expressly stated otherwise, payments are non-refundable.

If payment fails, we may retry the payment and suspend service until the account is brought current.

5. Phone Numbers

Talkybara may provide telephone numbers for use with the service.

Assignment of a phone number does not guarantee permanent ownership or future portability of that number. Numbers remain subject to carrier and telecommunications-provider requirements.

If an account is canceled, terminated, or remains unpaid, an assigned number may be released and potentially reassigned.

6. Acceptable Use

You may use Talkybara only for lawful business purposes.

You may not use Talkybara:

• For unlawful, fraudulent, deceptive, or abusive activity
• For spam, harassment, or unauthorized outbound communications
• To impersonate another person or business deceptively
• To collect information you are not legally permitted to collect
• To interfere with or compromise Talkybara or another user's account or data
• In violation of applicable privacy, telecommunications, recording, consumer-protection, or other laws

Talkybara is not intended to independently provide professional medical, legal, financial, emergency, or other regulated professional advice.

You are responsible for determining whether Talkybara is appropriate for your particular business and regulatory requirements.

7. AI Errors and Automated Actions

Talkybara uses artificial intelligence and automated systems. AI can make mistakes.

Talkybara may misunderstand callers, misinterpret instructions, provide inaccurate or incomplete information, fail to recognize information, incorrectly classify or route a call, fail to transfer a call, or take an unintended action.

When appointment features are used, errors may include incorrect availability, dates, times, time zones, services, providers, appointment details, or other scheduling information.

You are responsible for configuring, testing, and monitoring your Talkybara agent and for keeping your business information, hours, services, availability, instructions, transfer rules, and other settings accurate.

You should independently review important appointments and communications when appropriate.

Talkybara does not guarantee that every call will be answered or handled correctly, that every appointment will be scheduled correctly, or that use of Talkybara will prevent missed calls, missed appointments, lost leads, lost customers, or lost business.

To the fullest extent permitted by law, Talkybara is not responsible for losses resulting from AI errors, incorrect information, scheduling mistakes, missed or incorrectly handled calls, failed transfers, missed appointments, lost leads, lost customers, lost business opportunities, or similar actions or omissions of automated systems.

Talkybara must not be relied upon as the sole means of handling emergencies or other safety-critical communications.

8. Call Recording and AI Disclosure

Talkybara's standard call flow includes a notice that "This call may be recorded for quality purposes."

Whether an audio recording is actually stored depends on the customer's recording settings.

You are responsible for complying with laws applicable to your business and callers concerning recording, consent, privacy, telecommunications, artificial intelligence, and other disclosures.

Talkybara does not automatically state on every call that the caller is interacting with an AI assistant. If applicable law requires that disclosure, you are responsible for configuring your greeting or agent instructions to provide it.

Talkybara's standard recording notice should not be assumed to satisfy every notice or consent requirement that may apply to your business.

9. Calendar Integrations

Talkybara may provide integrations with third-party calendar services, including Google Calendar.

Talkybara's Google Calendar integration uses your primary Google calendar in both directions: appointments are added to it, busy times in it are used to avoid double-booking, and changes you make in Google Calendar to events Talkybara created are carried back to the appointment (see our Privacy Policy, section 5).

You are responsible for connecting the right Google account and reviewing appointments and scheduling information for accuracy.

Calendar features depend partly on third-party services outside our control. Outages, revoked permissions, API changes, delayed processing, inaccurate data, or other third-party issues may affect calendar functionality.

Talkybara does not guarantee that calendar or appointment information will always be complete, accurate, current, or error-free.

10. Customer Content

You may provide business information, instructions, knowledge base documents, greetings, service information, and other content to Talkybara ("Customer Content").

You retain ownership of your Customer Content.

You give Talkybara permission to host, process, transmit, and use Customer Content as necessary to provide, maintain, secure, and support the service.

You are responsible for ensuring you have the rights and permissions necessary to provide that content to Talkybara.

11. Third-Party Services

Talkybara relies on and may integrate with third-party providers for services such as telecommunications, AI processing, calendars, authentication, payments, and infrastructure.

We are not responsible for outages, errors, changes, security incidents, discontinued functionality, or other failures caused by third-party services outside our reasonable control.

12. Intellectual Property

Talkybara's software, website, branding, designs, documentation, and other proprietary materials belong to Talkybara or its licensors.

Your subscription gives you a limited, non-exclusive right to use the service in accordance with these Terms. It does not transfer ownership of Talkybara or its intellectual property.

13. Service Availability

We may modify, add, replace, or discontinue features over time.

We work to provide a reliable service but do not guarantee that Talkybara will be uninterrupted or error-free.

Maintenance, internet failures, telecommunications outages, AI provider failures, third-party API changes, software errors, security events, and circumstances outside our reasonable control may affect the service.

14. Suspension and Termination

You may cancel your subscription or request account deletion at any time.

We may suspend or terminate an account for non-payment, material violation of these Terms, fraud, abuse, unlawful activity, or conduct that creates a security, legal, or operational risk.

Where reasonable, we may provide notice before termination, although immediate action may be necessary in some circumstances.

15. Disclaimer of Warranties

To the fullest extent permitted by law, Talkybara is provided "as is" and "as available."

We disclaim warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that AI responses, transcripts, summaries, calls, transfers, appointments, calendar information, or other outputs will always be complete, accurate, available, or reliable.

16. Limitation of Liability

To the fullest extent permitted by law, Talkybara and its officers, employees, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages.

This includes lost profits, lost revenue, lost customers, lost leads, lost appointments, lost business opportunities, loss of goodwill, business interruption, or loss of data arising from or related to Talkybara.

This limitation includes losses resulting from, among other things:

• AI mistakes or inaccurate responses
• Missed or incorrectly handled calls
• Failed call transfers
• Incorrect, missed, duplicate, or otherwise mishandled appointments
• Calendar errors
• Telecommunications failures
• Third-party service failures
• Service outages or interruptions

To the fullest extent permitted by law, Talkybara's total aggregate liability arising from the service or these Terms will not exceed the greater of $100 or the amount you paid to Talkybara during the 12 months immediately before the event giving rise to the claim.

Some jurisdictions do not permit certain exclusions or limitations, so portions of this section may not apply in every circumstance.

17. Indemnification

To the extent permitted by law, you agree to indemnify and hold Talkybara and its officers, employees, and affiliates harmless from claims, liabilities, damages, and reasonable expenses resulting from your unlawful use of Talkybara, your violation of these Terms, your Customer Content, or your failure to comply with laws applicable to your use of the service.

18. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Unless applicable law requires otherwise, disputes relating to these Terms or Talkybara will be brought in the appropriate state or federal courts located in California.

19. Changes to These Terms

We may update these Terms as Talkybara or applicable requirements change.

The current version will be posted on our website with its effective date. We may provide additional notice when appropriate for material changes.

Continued use of Talkybara after updated Terms become effective constitutes acceptance of those updated Terms to the extent permitted by law.

20. Miscellaneous

If any provision of these Terms is unenforceable, the remaining provisions remain in effect.

Failure to enforce a provision does not waive our ability to enforce it later.

These Terms, together with any additional terms presented when you purchase or enable a Talkybara service, form the agreement governing your use of Talkybara.

21. Contact Us

Questions about these Terms can be sent to:

Talkybara
support@talkybara.com