Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not use the Service.

2. Description of Service

AgenticCalling is an AI-powered phone calling platform that enables users and their AI agents to initiate outbound phone calls and SMS messages. The Service provides:

• AI voice agents that conduct phone conversations autonomously based on user-defined objectives
• Outbound calling via telephony infrastructure (Twilio SIP trunking)
• Real-time audio processing via WebRTC (LiveKit)
• Automatic call recording and AI-powered transcription
• Structured data extraction from conversations using artificial intelligence (OpenAI, Google Gemini)
• REST APIs and MCP server integrations for programmatic access
• Dashboard for managing calls, viewing transcripts, and accessing recordings
• DNC list management tools

AgenticCalling acts as a technology provider and communications platform. You, the user, are the initiator of all calls and messages.

3. Account Registration & API Keys

To use the Service, you must:

• Create an account and provide accurate, complete information
• Be at least 18 years of age
• Maintain the security and confidentiality of your account credentials and API keys
• Promptly notify us of any unauthorized use of your account

You are responsible for all activity that occurs under your account, including all calls initiated using your API keys. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use Policy

You agree not to use the Service to:

• Harass, threaten, intimidate, or abuse any person
• Engage in fraud, deception, or misrepresentation
• Make calls that violate any applicable law or regulation
• Initiate calls to numbers on the National Do Not Call Registry or your internal DNC list without a qualifying exemption
• Spoof or falsify caller ID information in violation of the Truth in Caller ID Act
• Transmit malicious content, spam, or unsolicited commercial messages
• Conduct illegal telemarketing or robocalling
• Place calls to emergency services (911)
• Attempt to circumvent rate limits, usage restrictions, or security measures
• Reverse-engineer, decompile, or disassemble any part of the Service
• Resell or redistribute the Service without our written consent
• Use the Service in any way that could damage, disable, or impair our infrastructure

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including suspending or terminating the offending account and reporting violations to law enforcement.

5. Telecommunications Compliance

You are solely responsible for obtaining all necessary consents from individuals before initiating calls or text messages through our platform and for complying with all applicable telecommunications laws and regulations.

As the initiator of all calls and messages, you are solely responsible for compliance with:

5.1 Telephone Consumer Protection Act (TCPA)

You must comply with the TCPA and its implementing regulations, including obtaining prior express written consent before making telemarketing calls or sending marketing text messages, and obtaining prior express consent before making non-marketing autodialed or prerecorded calls to wireless numbers.

5.2 Telemarketing Sales Rule (TSR)

If you use the Service for telemarketing, you must comply with the FTC's Telemarketing Sales Rule, including maintaining internal DNC lists, honoring do-not-call requests, and making required disclosures.

5.3 Do Not Call (DNC) Compliance

You are responsible for scrubbing your call lists against the National DNC Registry and maintaining your own internal DNC list. We provide DNC list management tools to assist you, but these tools do not guarantee compliance. Compliance is your responsibility.

5.4 A2P 10DLC Registration

If you use the Service to send SMS or text messages, you must register your brand and messaging campaign(s) through The Campaign Registry (TCR) in accordance with A2P 10DLC requirements. This registration is mandatory for sending application-to-person messages via 10-digit long code phone numbers. Unregistered messaging traffic may be filtered or blocked by carriers. You are responsible for completing and maintaining your A2P 10DLC registration, providing accurate campaign information, and adhering to the messaging use case approved in your registration.

5.5 State Laws

Many states have their own telemarketing, robocall, and call recording laws that may impose additional requirements beyond federal law. You are responsible for identifying and complying with all state and local laws applicable to your calling and messaging activities.

6. Call Recording Consent

All calls made through AgenticCalling are recorded and transcribed. This is a core feature of the Service and cannot be disabled.

Call recording laws vary by jurisdiction. Some states and countries require the consent of all parties to a call before recording ("two-party" or "all-party" consent), while others require the consent of only one party ("one-party" consent). You are solely responsible for:

• Understanding the recording consent laws applicable in the jurisdictions where your call recipients are located
• Ensuring that all necessary consents are obtained before initiating recorded calls
• Configuring your call objectives and agent instructions to include recording disclosures as required by applicable law

Magnara does not provide legal advice regarding call recording consent. We recommend consulting with qualified legal counsel regarding your compliance obligations.

7. Intellectual Property

7.1 Our Property

The Service, including its software, design, text, graphics, logos, and all underlying technology, is the property of Magnara, Inc. and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

7.2 Your Content

You retain ownership of all data you provide to the Service, including call objectives, phone lists, and any custom instructions. You also own the call recordings, transcripts, summaries, and structured data generated by the Service from your calls. We do not claim ownership of your content, but you grant us a limited license to process, store, and transmit your content as necessary to provide the Service.

8. Payment Terms

• Pricing: The Service is billed on a pay-per-minute basis. Current rates are published on our website and may vary by AI model selected. We reserve the right to change pricing with 30 days' notice.
• Credits: You may purchase credits in advance. Credits are non-transferable and expire 12 months from the date of purchase unless otherwise specified.
• Billing: All payments are processed through Stripe. By providing payment information, you authorize us to charge your payment method for amounts owed.
• Free Tier: New accounts receive 5 free minutes. Free minutes have no cash value and are non-transferable.
• No Refunds for Completed Calls: Minutes consumed by completed calls (including calls that reach voicemail or are answered by IVR systems) are non-refundable. We may, at our sole discretion, issue credits for calls that failed due to platform errors.
• Taxes: You are responsible for all applicable taxes. Prices displayed are exclusive of taxes unless otherwise stated.

9. Service Level & Availability

We strive to provide a reliable and highly available service but do not guarantee uninterrupted or error-free operation. The Service is provided on a "best-effort" basis. Specifically:

• We do not offer a Service Level Agreement (SLA) for free-tier accounts.
• We may perform scheduled or emergency maintenance that temporarily disrupts the Service.
• Call quality and completion depend on third-party telecommunications infrastructure beyond our control.
• AI model availability is dependent on our upstream providers (OpenAI, Google).

We will make commercially reasonable efforts to notify you of planned downtime in advance.

10. Data & Privacy

Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• MAGNARA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
• MAGNARA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM: (a) the outcomes or results of any calls made through the Service; (b) your failure to comply with applicable telecommunications laws and regulations; (c) the actions or statements of AI voice agents during calls; (d) interruptions, delays, or failures in the Service caused by third-party providers; (e) unauthorized access to your account resulting from your failure to secure your credentials.
• IN NO EVENT SHALL MAGNARA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO MAGNARA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation, including but not limited to the TCPA, TSR, DNC regulations, state telemarketing laws, and call recording consent laws
• Any calls or messages you initiate through the Service
• Any claim by a third party arising from calls or messages you initiated through the Service
• Your failure to obtain necessary consents from call or message recipients

13. Termination

• By You: You may terminate your account at any time by contacting us or through the dashboard. Upon termination, your remaining credit balance is forfeited.
• By Us: We may suspend or terminate your account at any time, with or without cause, with or without notice. We will endeavor to provide notice when reasonably possible. Grounds for immediate termination include violation of these Terms, the Acceptable Use Policy, or applicable law.
• Effect of Termination: Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days following termination, during which you may request export of your data. After 30 days, your data (including recordings, transcripts, and account information) will be permanently deleted.
• Survival: Sections relating to Intellectual Property, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution survive termination of these Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

15. Dispute Resolution

15.1 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Delaware. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.2 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us individually. To the fullest extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

15.3 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

16. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Magnara regarding the Service.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
• Modifications: We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Continued use of the Service after changes constitutes acceptance.

17. Contact Information

If you have any questions about these Terms, please contact us at: