Terms of Service

Welcome to Orateur. These Terms of Service ("Terms") govern your access to and use of Orateur's AI-powered receptionist services, website, and applications (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using our Service, you agree to these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use the Service. You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

2. Description of Service

Orateur provides an AI-powered receptionist service that: • Answers phone calls on behalf of your business • Schedules appointments and manages your calendar • Handles customer inquiries using conversational AI • Integrates with your existing business tools and calendars • Provides call analytics and transcriptions We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will notify you of significant changes via email or through the Service.

3. Account Registration and Security

To use the Service, you must create an account and provide accurate, complete information. You are responsible for: • Maintaining the confidentiality of your account credentials • All activities that occur under your account • Notifying us immediately of any unauthorized access • Keeping your account information up to date We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently. You may not share your account credentials with others or allow others to access your account. Each user in your organization should have their own account.

4. Acceptable Use Policy

You agree not to use the Service to: • Violate any applicable laws or regulations • Infringe on the rights of others, including intellectual property rights • Transmit any harmful, offensive, or inappropriate content • Engage in fraud, deception, or misleading practices • Interfere with or disrupt the Service or its infrastructure • Attempt to gain unauthorized access to the Service or related systems • Use the Service for illegal telemarketing or spam • Impersonate any person or entity • Collect or harvest user data without consent • Use automated means to access the Service without permission We reserve the right to investigate and take appropriate action against violations, including account termination and legal remedies.

5. Billing and Payment

Subscription Plans: • Our Service is offered through monthly or annual subscription plans • Prices are displayed in your local currency and may vary by region • Subscription fees are billed in advance on a recurring basis Payment Terms: • You authorize us to charge your payment method for subscription fees • All fees are non-refundable except as required by law or stated in these Terms • You are responsible for any applicable taxes Usage-Based Charges: • Some features may incur additional usage-based charges (e.g., additional AI agent hours) • Usage charges are billed monthly in arrears • You can monitor your usage through your dashboard Cancellation: • You may cancel your subscription at any time through your account settings • Cancellation takes effect at the end of your current billing period • You will retain access to the Service until the end of your paid period

6. Intellectual Property

Our Intellectual Property: The Service, including all software, content, features, and functionality, is owned by Orateur and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our written permission. Your Content: You retain ownership of all content you provide to the Service (business information, call scripts, customer data). By using the Service, you grant us a limited license to use this content solely to provide and improve the Service. Feedback: If you provide feedback or suggestions about the Service, you grant us the right to use this feedback without any obligation to you. Trademarks: Orateur and our logo are trademarks of Orateur Inc. You may not use our trademarks without written permission.

7. Data Privacy and Protection

Your data privacy is important to us. Our Privacy Policy, which is incorporated into these Terms, describes how we collect, use, and protect your information. Key points: • We process data as necessary to provide the Service • Call recordings and transcriptions are stored securely • You can export or delete your data at any time • We comply with applicable data protection laws (GDPR, CCPA) For healthcare customers, we offer HIPAA-compliant services with a Business Associate Agreement (BAA) upon request. You are responsible for complying with privacy laws applicable to your use of the Service, including obtaining any necessary consents for call recording.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: • MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE • ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SERVICE • UNINTERRUPTED OR ERROR-FREE OPERATION • SECURITY OR FREEDOM FROM VIRUSES While our AI is designed to handle calls professionally, it may occasionally make mistakes. You acknowledge that: • AI responses may not always be accurate or appropriate • Human oversight is recommended for critical communications • The Service should not be used for emergency services We do not guarantee that the Service will meet your specific requirements or expectations.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: Orateur and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including: • Loss of profits, revenue, or data • Business interruption • Cost of substitute services • Any damages arising from your use of the Service Our total liability shall not exceed the greater of: • The amount you paid us in the 12 months preceding the claim, or • $100 USD These limitations apply regardless of the legal theory (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Termination

You may terminate your account at any time by contacting us or through your account settings. We may terminate or suspend your account if: • You violate these Terms • We are required to do so by law • Your account has been inactive for an extended period • We discontinue the Service Upon termination: • Your right to use the Service immediately ceases • We may delete your data after a reasonable retention period • You can request an export of your data before termination • Provisions that should survive (e.g., limitation of liability) will remain in effect We will provide reasonable notice before terminating your account, except in cases of Terms violations or legal requirements.

11. Changes to Terms

We may update these Terms from time to time. When we make changes: • We will post the updated Terms on this page • We will update the "Last updated" date • For material changes, we will notify you by email or through the Service at least 30 days before they take effect Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you should stop using the Service and terminate your account. We encourage you to review these Terms periodically for any changes.

12. Governing Law and Disputes

These Terms shall be governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Dispute Resolution: • You agree to first attempt to resolve any dispute informally by contacting us • If we cannot resolve the dispute within 30 days, either party may initiate arbitration • Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules • You may opt out of arbitration by notifying us within 30 days of creating your account Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class actions. Exceptions: Either party may seek injunctive relief in court for intellectual property violations or unauthorized access.

13. Contact Information

If you have any questions about these Terms, please contact us: Email: contact@cappsule.io We typically respond to inquiries within 2-3 business days.