Terms and Conditions

01Acceptance of these Terms

These Terms and Conditions ("Terms") form a binding legal agreement between you ("Customer", "you", or "your") and Talk Titan ("Talk Titan", "we", "us", or "our"), the company operating talktitan.ai and the Services described below.

By signing up for, accessing, or using the Services — including creating an account, accepting a Talk Titan quote, paying an invoice, or completing checkout for any subscription plan or add-on — you agree to be bound by these Terms, our Privacy Policy, and any applicable plan-specific or order-specific terms. If you do not agree, do not use the Services.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. In that case, "Customer", "you", and "your" refer to that entity.

02The Services

Talk Titan provides AI-powered voice and conversational services for small and mid-sized businesses, including but not limited to: AI voice receptionists, inbound call answering, lead qualification, appointment booking, calendar and CRM integrations, automated follow-up communications, conversation analytics, and related software and professional services (collectively, the "Services").

The Services may be offered under different plans (e.g. Launch, Scale, Custom) and add-ons (e.g. HIPAA compliance). Specific features, limits, and pricing for each plan are described on our pricing page at the time you subscribe and are incorporated into these Terms by reference.

We may add, modify, or remove features of the Services from time to time. We will not make changes that materially reduce the core functionality of your subscribed plan during your then-current billing term without notice.

03Eligibility & Accounts

You must be at least 18 years old and legally able to enter into a binding contract to use the Services. The Services are intended for business use only and are not designed for personal, family, or household consumer use.

Account responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Provide accurate, current, and complete information at signup and keep it updated.
• Notify us immediately at support@talktitan.ai of any unauthorized access or suspected security breach.
• Not share your account with third parties, resell access, or use the Services on behalf of a different business than the one you registered.

We may refuse service, suspend, or terminate accounts at our discretion as further described in Section 18.

04Fees & Billing

Subscription fees

Subscription fees, setup fees, add-on fees, and overage charges (collectively, "Fees") are described on the pricing page or in a written Order signed by both parties. Fees are stated in U.S. Dollars and are exclusive of applicable taxes, which you are responsible for.

Billing cycles

Subscriptions automatically renew at the end of each billing period (monthly or annual, depending on the plan you select) at the then-current rate, unless cancelled prior to your upcoming billing date as described in Section 5.

Setup fees

One-time setup fees may apply for new accounts. Setup fees cover discovery, custom script development, voice configuration, integration work, test calls, and go-live support, and are non-refundable.

Usage and overages

Each plan includes a monthly allocation of call minutes. Minutes consumed beyond your plan allocation are billed at the per-minute overage rate listed on the pricing page for your plan. Overages are billed at the end of each cycle and are not refundable.

Payment methods

You authorize us (or our payment processor) to charge your designated payment method for all Fees as they become due. If a charge fails, we may suspend the Services and retry the charge. You are responsible for any fees, interest, or collection costs we incur as a result of late or failed payments.

Price changes

We may change Fees at any time with at least thirty (30) days' notice. Price changes take effect at the start of your next billing period after the notice. Continued use after the effective date constitutes acceptance of the new pricing.

05Refunds & Cancellation

How to cancel

You can cancel your subscription at any time prior to your upcoming billing date by emailing support@talktitan.ai from the email address on your account or by submitting a cancellation request through the customer dashboard. Cancellations take effect at the end of your then-current billing period; you will retain access through the end of the period you have already paid for.

Cancellation after renewal

If your subscription renews before you submit a cancellation, the renewal charge is non-refundable. Your cancellation will take effect at the end of the renewed billing period.

Data export at offboarding

If you cancel, we will provide a complete export of your customer and lead data captured by the Services as part of an offboarding packet, at no additional cost, upon written request received no later than thirty (30) days after the effective date of cancellation. After that thirty-day window, we may delete or anonymize your Customer Data in accordance with our retention policy.

06Acceptable Use

You agree not to use the Services to engage in or facilitate any activity that:

• Violates law. Any activity that violates applicable federal, state, local, or international law, including telemarketing laws, data privacy laws, consumer protection laws, or anti-fraud laws.
• Harasses or harms. Threatens, harasses, defames, or harms any person or group, or that targets minors.
• Deceives. Engages in fraud, identity theft, impersonation, deceptive trade practices, scam calls, or misrepresentation of who the caller is reaching.
• Spams. Sends unsolicited communications in violation of TCPA, CAN-SPAM, or comparable law, including robo-dialing, mass outbound campaigns without proper consent, or any communication to numbers on the National Do Not Call Registry without a valid exemption.
• Disrupts. Interferes with, overloads, scrapes, reverse-engineers, or attempts to gain unauthorized access to the Services or any related systems or networks.
• Distributes malicious content. Transmits viruses, malware, illegal pornography, child sexual abuse material, or content that infringes the intellectual property rights of others.

We may investigate suspected violations and cooperate with law enforcement. Violation of this Section is grounds for immediate suspension or termination without refund.

07Telecom Compliance (TCPA & outbound calling)

The Telephone Consumer Protection Act (47 U.S.C. § 227) and analogous state and international laws impose strict requirements on outbound calling and text messaging using automated systems. If you use the Services to place outbound calls, send SMS, or engage in any campaign-based outreach, you are solely responsible for compliance with all applicable laws.

Your obligations

• Obtain and maintain documented prior express written consent from each recipient before placing automated calls or sending SMS, where required by law.
• Honor opt-out requests immediately (no later than ten business days) and maintain an internal do-not-contact list.
• Scrub outbound call lists against the National Do Not Call Registry and any applicable state-level lists.
• Identify your business at the beginning of every outbound call and provide a callback number.
• Respect time-of-day calling restrictions in each recipient's jurisdiction.
• Maintain accurate records of consent for at least four (4) years.

08Customer Content & License

"Customer Data" means all content you upload, submit, transmit, or otherwise provide to the Services, including call recordings, transcripts, contact lists, scripts, customer information, and any data generated by the Services in the course of providing them to you.

You own your data

As between you and Talk Titan, you retain all rights, title, and interest in and to your Customer Data. We claim no ownership over your customer lists, call recordings, or business data.

Limited license to us

You grant Talk Titan a limited, worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and use Customer Data solely to provide, maintain, secure, and improve the Services for you, to comply with law, and to enforce these Terms. We do not train shared, customer-facing foundation models on your Customer Data without your explicit written consent.

Your responsibility for content

You represent and warrant that you have all rights, consents, and authorizations necessary to provide Customer Data to the Services, including any consents required for recording, transcribing, and processing calls under applicable two-party-consent recording laws.

09AI & Voice Disclosures

The Services include AI-generated voice that may sound substantially human. State and federal laws are evolving rapidly regarding AI-voice disclosure requirements (including the FCC's 2024 ruling that AI-generated voices fall under the TCPA's restrictions on artificial or prerecorded voice calls). You are responsible for complying with any applicable disclosure requirements in the jurisdictions where your callers are located.

Recording consent

Many U.S. states (including California, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington) require all parties to a phone conversation to consent to recording. Where required, your script must include an audible disclosure that the call may be recorded and offer the caller a chance to opt out or be transferred.

We provide tools and template language to support these disclosures, but final responsibility for legal compliance with disclosure and consent laws rests with you.

10Intellectual Property

The Services, including all underlying software, AI models, infrastructure, documentation, designs, the Talk Titan name and logo, and all derivative works thereof, are the exclusive property of Talk Titan and its licensors and are protected by U.S. and international intellectual property laws. No rights are granted to you other than the limited license to use the Services described in these Terms.

Any feedback, suggestions, or recommendations you provide to Talk Titan may be used by us without obligation or compensation to you. You hereby assign to us all rights in any such feedback.

You may not (a) copy, modify, or create derivative works of the Services; (b) reverse-engineer, decompile, or extract the underlying source code or models; (c) use the Services to build a competing product; or (d) remove or alter proprietary notices on the Services.

11Privacy & Data Protection

Our collection, use, and protection of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.

Security

We implement and maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data, including encryption in transit (TLS 1.2+) and at rest, role-based access controls, audit logging, and regular security reviews. No system is perfectly secure; in the event of a security incident affecting your Customer Data, we will notify you in accordance with applicable law.

Data subject requests

If you receive a request from a data subject (such as a request to access, correct, or delete personal data) related to the Customer Data you have provided to us, we will reasonably assist you in fulfilling that request. Email privacy@talktitan.ai for assistance.

12HIPAA & Regulated Data

HIPAA compliance is offered as an optional add-on for customers who handle Protected Health Information (PHI). The base Services are not HIPAA-compliant by default and you may not use them to transmit or store PHI without first activating the HIPAA add-on and entering into a Business Associate Agreement (BAA) with us.

Similarly, you may not use the Services to process payment card data subject to PCI DSS, personal financial data subject to GLBA, or other regulated data categories unless we have agreed in writing to support that data category.

13Service Levels & Availability

We target a monthly uptime of 99.9% for the core call-answering service, measured as the percentage of time during which the Services are available and able to answer inbound calls. Scheduled maintenance, force majeure events, and outages caused by third-party providers (telecom carriers, cloud providers, customer-side network issues) are excluded from uptime calculations.

For Custom plan customers, specific service-level commitments and remedies (including service credits) may be set forth in a separate Service Level Agreement signed by both parties.

14Third-Party Services

The Services integrate with third-party platforms (such as calendar providers, CRMs, payment processors, telecom carriers, and AI infrastructure providers). These integrations are subject to the third party's own terms and privacy policies, which you are responsible for reviewing.

We do not endorse, control, or assume responsibility for any third-party content, services, or practices. Any disputes between you and a third-party provider must be resolved directly with that provider.

15Warranty Disclaimer

16Limitation of Liability

17Indemnification

You agree to indemnify, defend, and hold harmless Talk Titan and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Services in violation of these Terms or applicable law;
• Your Customer Data, including any claim that Customer Data infringes a third party's rights;
• Your outbound calling, SMS, or telemarketing activities, including any TCPA, telemarketing, or consumer-protection claims;
• Your failure to provide required disclosures (including AI-voice or call-recording disclosures);
• Any breach of your representations, warranties, or obligations under these Terms.

We will (a) promptly notify you of any indemnifiable claim, (b) give you sole control of the defense and settlement (subject to our right to participate at our expense), and (c) reasonably cooperate at your expense. You may not settle any claim that imposes obligations on Talk Titan or admits liability without our prior written consent.

18Suspension & Termination

By you

You may cancel your subscription as described in Section 5.

By Talk Titan for cause

We may suspend or terminate your access to the Services, in whole or in part, without prior notice and without refund, if you:

• Fail to pay Fees when due;
• Violate Sections 6 (Acceptable Use), 7 (TCPA), 8 (Customer Content) or 12 (HIPAA / Regulated Data);
• Materially breach these Terms and fail to cure within ten (10) days of written notice (or no cure is possible);
• Become subject to bankruptcy, insolvency, or comparable proceeding;
• Engage in activity that exposes Talk Titan to legal, regulatory, or reputational risk.

Effect of termination

Upon termination, your right to access the Services ends immediately. Fees paid through the effective termination date are non-refundable. Sections that by their nature should survive (including IP, indemnification, limitations of liability, and dispute resolution) survive termination.

19Dispute Resolution & Binding Arbitration

Informal resolution first

Before initiating any formal proceeding, you agree to first attempt to resolve any dispute informally by emailing legal@talktitan.ai with a written description of the dispute. The parties will negotiate in good faith for at least thirty (30) days before either may escalate.

Binding arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved through final, binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat of arbitration will be Fulton County, Georgia, conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver

You and Talk Titan each waive any right to bring or participate in a class, collective, or representative action against the other. Disputes must be brought on an individual basis only. If the class waiver is found unenforceable in a given case, that case will proceed in court and not in arbitration.

Exceptions

Either party may bring an action in small-claims court for disputes within that court's jurisdiction, or seek injunctive relief in court for misuse or threatened misuse of intellectual property.

20Governing Law

These Terms are governed by the laws of the State of Georgia, USA, without regard to its conflict-of-laws principles. Subject to Section 19, any action not subject to arbitration must be brought exclusively in the state or federal courts located in Fulton County, Georgia, and each party consents to the personal jurisdiction of those courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21Changes to These Terms

We may update these Terms from time to time. Updates take effect on the "Effective" date listed at the top of this page. For material changes, we will provide reasonable advance notice (typically at least thirty (30) days) by email to the address on your account or through an in-product notice.

Your continued use of the Services after the effective date of an update constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, your sole remedy is to cancel your subscription before the effective date.

22General Provisions

Entire agreement

These Terms, together with the Privacy Policy and any Order or written addendum signed by both parties, constitute the entire agreement between you and Talk Titan and supersede all prior agreements regarding the same subject matter.

Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

No waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision later.

Force majeure

Neither party is liable for delays or failures in performance caused by events beyond its reasonable control (including acts of God, war, terrorism, civil unrest, internet or telecom outages, government action, pandemic, or natural disaster).

Independent contractors

The parties are independent contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.

Notices

Notices to you may be sent to the email address on your account or posted in the Services. Notices to Talk Titan must be sent to legal@talktitan.ai and are effective upon delivery confirmation.

23Contact

Questions about these Terms? We're happy to talk it through.

Talk Titan is a brand operated by [LEGAL ENTITY NAME], a [STATE] [ENTITY TYPE], with principal place of business at [BUSINESS ADDRESS].