Terms of Service

Please read these Terms of Service (these "Terms") carefully, as they constitute a legally binding agreement between Exaltlink Inc., a Wyoming corporation ("ConverseKit," "we," "us," or "our"), and you — an end user and any employees, agents, contractors, or entities on whose behalf you accept these Terms (collectively, "you" or "your").

These Terms govern your access to and use of our website and services (as defined below). If you use the Services as a representative of another entity (for example, your employer or client, collectively, the "Client"), your acceptance of these Terms also binds that Client.

By accessing or using the Services, or by clicking "accept" or "agree" when prompted, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms. If you are entering into these Terms on behalf of a Client, you represent and warrant that you have the authority to bind that Client, and all references to "you" and "your" apply to both you and the Client.

If you do not agree to these Terms, do not use the Services or create an Account (as defined below).

By agreeing to these Terms, you expressly agree that — except for limited circumstances — any disputes will be resolved by binding arbitration, on an individual basis.

1. Acceptance of These Terms

You accept these Terms by creating an account or using the Services, notwithstanding any existing services agreement that incorporates these Terms by reference.

You also agree to abide by other ConverseKit policies, including our Privacy Policy, which explains how we collect and protect your information.

Once accepted, these Terms remain binding until terminated as provided in Section 7 (Term and Termination).

2. Using the Services

a. Right to Use and License

Subject to your compliance with these Terms, ConverseKit grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services solely for the purpose of deploying and managing Voice AI Agents, as described in our documentation.

You are being granted a right to use the Services, not ownership of them. All rights not expressly granted are reserved by ConverseKit.

b. What We Provide

The Services include a hosted Voice AI platform ("Platform") that enables you to build, deploy, and manage voice agents that can interact with customers via phone or web channels.

The Platform orchestrates multiple modules — including speech recognition, large language models (LLMs), and text-to-speech — through a control layer integrated with third-party providers and Salesforce. These work together to create natural, human-like voice experiences.

c. Third-Party Providers

Our Platform interacts with various third-party services ("Providers"), such as transcription, AI model, and speech generation APIs. When you use these integrations, your data ("Your Content") may be shared with those Providers, subject to their respective terms.

ConverseKit does not control or guarantee the performance or data handling practices of Providers. If you connect your own API keys, billing may occur directly between you and those Providers.

d. Use Restrictions

You agree not to, and will not allow others to:

• Use the Services for any unlawful, harmful, or deceptive purpose.
• Sell, license, rent, transfer, or otherwise commercialize the Services outside their intended use.
• Copy, reverse engineer, or modify the Services or underlying software.
• Circumvent or interfere with security mechanisms.
• Use bots, crawlers, or scrapers to access data.
• Upload viruses or attempt to disrupt the Service.
• Use the Services to violate HIPAA or PCI-DSS unless compliance settings are properly configured.

Violation of the above may result in immediate suspension or termination.

e. Service Updates

ConverseKit may update, modify, or discontinue parts of the Services at any time, with or without notice.

f. Fees

Usage of the Services is subject to fees specified on our website. Fees are typically based on call minutes or API usage volume.

We reserve the right to revise fees; however, pricing changes will only apply to new or renewed subscriptions.

3. Creating an Account

a. Registration

To access the Services, you must create an account ("Account") and provide accurate, complete, and up-to-date information.

b. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts.

c. Credentials and Security

You are responsible for safeguarding your login credentials and any activity that occurs under your Account. Notify support@conversekit.ai immediately of any unauthorized use.

4. Intellectual Property Rights and Ownership

a. Your Content

All materials uploaded or transmitted through the Platform are Your Content, and you retain ownership of it. ConverseKit does not claim ownership of Your Content.

b. License You Grant to ConverseKit

You grant ConverseKit a worldwide, royalty-free license to host, store, and process Your Content as necessary to provide the Services.

If you enable privacy-restricted or HIPAA configurations, ConverseKit will not store call recordings, transcripts, or logs beyond session completion.

If persistence is enabled, ConverseKit may use anonymized call data to improve performance, latency, and AI accuracy.

c. ConverseKit's Rights

All intellectual property in the Services—including proprietary software, design, code, and trademarks— belongs exclusively to Exaltlink Inc. and its licensors.

d. Third-Party Rights

Third-party Providers may require rights to process Your Content in connection with their services. You are responsible for reviewing their terms before enabling any integrations.

5. Aggregate Data

ConverseKit may collect anonymized, aggregated usage statistics ("Aggregate Data") to monitor, analyze, and improve the Services. Aggregate Data does not contain personal information.

6. Communications

By using the Services, you consent to receive communications from ConverseKit, including transactional, service-related, and marketing emails. You may opt out of promotional communications at any time.

7. Term and Termination

a. Term

These Terms take effect upon your creation of an Account or first use of the Services and continue until terminated.

b. Termination by ConverseKit

We may suspend or terminate your Account if you breach these Terms, fail to pay fees, or if continued use becomes unlawful or impractical.

c. Termination by You

You may terminate your Account at any time by contacting support@conversekit.ai.

d. Effect of Termination

Upon termination, your license to use the Services ends immediately, and your Account data may be deleted. ConverseKit is not liable for deleted data following termination.

8. Changes to Terms

We may revise these Terms periodically. Updated versions will be posted at https://conversekit.ai/terms-of-service and take effect immediately for new users or 30 days after notice for existing users.

Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

9. Indemnification

a. Your Indemnity

You agree to indemnify and hold harmless Exaltlink Inc., its officers, directors, employees, and affiliates ("ConverseKit Parties") from all claims, losses, or damages arising from:

• Your use or misuse of the Services;
• Your breach of these Terms;
• Your violation of applicable law (e.g., TCPA, HIPAA, PCI-DSS); or
• Your negligence or misconduct.

b. ConverseKit's Indemnity

ConverseKit will defend and indemnify you against third-party claims that the Services, as provided, infringe intellectual property rights, provided that:

• You notify us promptly; and
• You cooperate fully in the defense.

We are not responsible for claims resulting from your modifications or misuse of the Services.

10. Disclaimer of Warranties

The Services are provided "as is" and "as available." ConverseKit makes no warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee that the Services will be uninterrupted or error-free.

11. Limitation of Liability

To the fullest extent permitted by law:

• ConverseKit shall not be liable for indirect, incidental, or consequential damages, including loss of profits or data.
• ConverseKit's total liability shall not exceed the greater of (i) $100 USD or (ii) the amount you paid in the 12 months preceding the claim.

12. Governing Law and Dispute Resolution

a. Governing Law

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

b. Arbitration

Any dispute arising out of these Terms shall be resolved by binding arbitration in Cheyenne, Wyoming, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

c. Waiver of Jury Trial and Class Action

You and ConverseKit waive the right to a jury trial and agree to resolve disputes only on an individual basis, not as part of any class action or representative proceeding.

13. International Use

The Services may not be available in all countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.

14. Severability and Waiver

If any provision of these Terms is held invalid, the remaining provisions shall remain in effect. Failure to enforce any right does not waive that right.

15. Export Control

You agree not to export or use the Services in violation of U.S. export laws or in restricted territories or with restricted persons.

16. Notices

All notices or communications under these Terms must be sent to:

17. Assignment

You may not assign or transfer these Terms without ConverseKit's written consent. ConverseKit may assign them without restriction.

18. Force Majeure

ConverseKit will not be liable for delays or failures due to events beyond its reasonable control, such as natural disasters, wars, strikes, or internet outages.

19. Open Source Disclosures

ConverseKit software incorporates open-source libraries licensed under the Mozilla Public License 2.0 (MPL 2.0). The license text is available at: https://www.mozilla.org/en-US/MPL/2.0/

20. Entire Agreement

These Terms, together with our Privacy Policy and any order forms or subscription agreements, constitute the entire agreement between you and Exaltlink Inc. and supersede prior understandings.

21. Contact Us

If you have any questions about these Terms or our Services, please contact us: