Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") are a legal agreement between you and Whisper AiML, operating the AiMLText brand ("Whisper AiML," "AiMLText," "we," "our," or "us"). These Terms govern your access to and use of the AiMLText website, iOS app, Android app, APIs, messaging platform, SMS, voice, notification, and support services (collectively, the "Service").

By accessing or using the Service, creating an account, or subscribing through the App Store, Google Play, another app marketplace, or a direct billing flow, you agree to these Terms. If you use the Service for an organization, you represent that you are authorized to accept these Terms on that organization's behalf.

2. Relationship to Apple and Google

If you download AiMLText from the Apple App Store, Apple is not a party to these Terms and is not responsible for the Service. Your use of the app may also be subject to Apple's standard Licensed Application End User License Agreement unless a custom license is provided in App Store Connect. Apple and its subsidiaries are third-party beneficiaries of these Terms as required for App Store-distributed apps.

If you download AiMLText through Google Play or another Android app marketplace, that marketplace is not responsible for the Service unless its own terms say otherwise. Your use may also be subject to Google Play, Android, or marketplace terms and policies.

3. Description of the Service

AiMLText provides app-based business messaging, customer conversations, SMS and MMS workflows, voice features, notifications, team communication, integrations, and related account management tools. Some features may depend on third-party services such as Twilio, Apple, Google Firebase, carriers, WhatsApp, hosting providers, and payment processors.

The Service is not an emergency service. AiMLText must not be used to contact emergency services, dispatch emergency response, or support life-safety communications.

4. Accounts and Organization Use

You are responsible for keeping your login credentials secure and for all activity under your account. If your account is provided by an organization, that organization may control account access, assigned phone numbers, message history, billing, retention, and related settings.

You agree to provide accurate account information and promptly notify us of unauthorized access or suspected security issues.

5. Messaging, SMS, Voice, and Consent

You are responsible for obtaining and maintaining all consents, permissions, and legal bases required to send messages or place calls through the Service. This includes compliance with TCPA, CTIA, CAN-SPAM, carrier rules, WhatsApp rules, privacy laws, and other laws or industry requirements that apply to your messages, calls, recipients, and business.

We may suspend or limit messaging, numbers, accounts, or integrations if we believe use is abusive, unlawful, creates platform risk, or violates provider requirements.

6. Acceptable Use

You agree not to use the Service to:

• Send spam, unlawful marketing, unsolicited bulk messages, or messages that violate consent, carrier, platform, or anti-spam rules.
• Harass, threaten, impersonate, defraud, exploit, or harm another person or organization.
• Transmit malicious code, attempt unauthorized access, interfere with the Service, or bypass security controls.
• Use the Service for emergency calling, emergency dispatch, or any life-safety purpose.
• Upload, send, or store content that is illegal, infringing, abusive, deceptive, or harmful.
• Use the Service in a way that violates Twilio, Apple, Google, carrier, WhatsApp, or other third-party platform rules that apply to your use.

7. Subscriptions and Paid Features

Some features may require a paid subscription or in-app purchase. App Store purchases are billed by Apple to your Apple Account, Google Play purchases may be billed by Google to your Google Account, and other marketplace purchases may be governed by that marketplace's billing, refund, cancellation, and subscription management processes. Additional subscription terms are available at Subscription Terms.

Web, enterprise, or direct-billed plans may have separate order forms, invoices, or written agreements. If there is a conflict between these Terms and a signed written agreement with Whisper AiML, the signed agreement controls for that account.

8. User Content and Communications

You retain ownership of content you submit, send, upload, or receive through the Service. You grant us the limited right to host, process, transmit, display, store, and use that content as needed to provide, secure, support, and improve the Service and comply with law.

You are responsible for your content and for ensuring you have the rights and permissions necessary to use it with the Service.

9. Privacy

Our collection and use of information is described in our Privacy Policy. By using the Service, you acknowledge that we process information as described there.

10. Third-Party Services

The Service may integrate with third-party services. We are not responsible for third-party services, and your use of them may be governed by their own terms, privacy policies, and acceptable use rules.

11. Intellectual Property

The Service, including software, designs, trademarks, logos, content, and documentation, is owned by Whisper AiML or its licensors and is protected by intellectual property laws. These Terms do not grant you ownership of the Service.

12. Suspension and Termination

We may suspend or terminate access to the Service if you violate these Terms, create legal or platform risk, fail to pay amounts due, misuse the Service, or if continued access could harm users, third parties, providers, or Whisper AiML.

You may stop using the Service at any time. Ending use of the Service does not automatically cancel an App Store, Google Play, marketplace, or direct-billed subscription; subscriptions must be managed through the account or billing provider that controls the subscription.

13. Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, availability, and error-free operation. We do not guarantee that messages, calls, notifications, or third-party integrations will always be delivered or available.

14. Limitation of Liability

To the maximum extent permitted by law, Whisper AiML and its affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, or business opportunities arising from or related to the Service.

15. Indemnity

You agree to indemnify and hold harmless Whisper AiML, its affiliates, officers, employees, contractors, and agents from claims, damages, liabilities, losses, costs, and expenses arising from your use of the Service, your content, your messages or calls, your violation of these Terms, or your violation of law or third-party rights.

16. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law rules, unless applicable law requires otherwise.

17. Changes to These Terms

We may update these Terms from time to time. If changes are material, we will provide notice as required by law. Continued use of the Service after updated Terms become effective means you accept the updated Terms.

18. Contact