Terms of Service & Subscription Terms

1. Binding Agreement & Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "Subscriber," or "End-User") and AI Everything ("AI Everything," "we," "us," or "our"), a Texas corporation with its registered office at 5900 Balcones Drive, STE 100, Austin, TX 78731, governing your access to and use of the AI Everything TalkShop (also branded as TalkShop by AI Everything) mobile applications, web applications, AI voice/SMS receptionist services, and custom AI setup services.

4. Call Recording, Wiretapping (Two-Party Consent) & TCPA Customer Compliance + Indemnification

IMPORTANT LEGAL COVENANT FOR BUSINESS SUBSCRIBERS: AI Everything TalkShop includes features that record audio calls, generate real-time AI transcripts, allow live call monitoring ("Silent Listen-In" and "Live Call Whisper"), and send automated voice/SMS responses.

• Mandatory Recording & AI Disclosure: Multiple U.S. states (including but not limited to California, Florida, Pennsylvania, Illinois, Washington, Massachusetts, Maryland, New Hampshire, Oregon, and Connecticut) and international jurisdictions require all-party (two-party) consent before a telephone call may be recorded, monitored, or transcribed by an AI system.
• Default Compliance Greeting: AI Everything TalkShop provides a default opening disclosure informing callers that they are speaking with an automated AI assistant on a recorded and monitored line. Customer covenants and agrees that Customer shall keep an upfront call-recording and AI-assistant disclosure enabled on all lines or otherwise obtain legally valid prior consent from all call participants in compliance with the Electronic Communications Privacy Act (ECPA), state wiretapping/eavesdropping statutes (including Cal. Penal Code § 632 et seq. and Fla. Stat. § 934.03), the Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227), FCC AI-generated voice rules, the FTC Telemarketing Sales Rule (TSR), and CTIA / A2P 10DLC messaging guidelines.
• Customer Indemnification: Customer acts as the independent "Data Controller" and "Caller/Sender" for all calls and messages handled on Customer's behalf. Customer agrees to defend, indemnify, and hold harmless AI Everything, its officers, directors, employees, and underlying telecommunications carriers from and against any and all claims, statutory damages, regulatory fines, class actions, and attorneys' fees arising out of Customer's disabling of recording/AI disclosures, unlawful call recording or monitoring, or initiation of outbound calls/SMS without required Prior Express Written Consent (PEWC).

4B. Outbound Lead List Dialer, <60s Email-to-Call Lead Drop & TCPA / DNC Compliance

When using AI Everything TalkShop™'s <60s Email-to-Call Lead Drop or Outbound Lead List Dialer features, you agree to comply strictly with the Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227), the FCC's February 2024 Declaratory Ruling classifying AI-generated and cloned voices as "artificial or prerecorded voices," the FTC Telemarketing Sales Rule (TSR, 16 C.F.R. Part 310), and state mini-TCPA statutes (including the Texas Telemarketing Disclosure and Privacy Act, Tex. Bus. & Com. Code Chapters 302 & 304, and Florida FTSA):

• Prior Express Written Consent (PEWC) Required for AI Voice Marketing: You represent and warrant that every telephone number dialed using an AI-generated or cloned voice for marketing or promotional purposes has provided prior express written consent (or is an inbound inquiry/callback expressly requested by the lead, such as an opt-in web form submission), and that you maintain verifiable consent logs (timestamp, IP address, form URL, and disclosure text).
• Permissible Calling Hours & DNC Scrubbing: Outbound automated calls may only be placed within statutory local calling hours (8:00 AM to 9:00 PM local time at the called party's location under federal rules, and 9:00 AM to 9:00 PM Monday–Saturday / 12:00 PM to 9:00 PM Sunday in Texas under Tex. Bus. & Com. Code § 302.302) and must exclude numbers on the National Do-Not-Call Registry, state DNC registries, and your internal opt-out list unless a valid written consent exemption applies.
• Mandatory Upfront Identity, AI & Recording Disclosure + Instant Opt-Out: Every outbound AI voice call must state the calling business's identity, disclose at the outset that the caller is an automated AI assistant on a recorded line, and immediately honor any verbal or keypad opt-out request ("put me on your do-not-call list", "stop calling", or pressing the opt-out key) by terminating outreach and adding the number to the permanent suppression list.

5. Apple App Store Standard End User License Agreement (EULA) Mandatory Terms

For End-Users who download or access AI Everything TalkShop via the Apple App Store, the following mandatory provisions required by Apple Inc.'s Instructions for Minimum Terms of Developer's End-User License Agreement apply and are incorporated herein (see also our full standalone End User License Agreement (/eula)):

1. Acknowledgment: You and AI Everything acknowledge that these Terms/EULA are concluded between you and AI Everything only, and not with Apple Inc. ("Apple"), and that AI Everything, not Apple, is solely responsible for the Licensed Application and the content thereof.
2. Scope of License: The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support: AI Everything is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in these Terms, or as required under applicable law. You and AI Everything acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: AI Everything is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be AI Everything's sole responsibility.
5. Product Claims: You and AI Everything acknowledge that AI Everything, not Apple, is responsible for addressing any claims of yours or any third party relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application's use of the HealthKit and HomeKit frameworks.
6. Intellectual Property Rights: You and AI Everything acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party's intellectual property rights, AI Everything, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: Any end-user questions, complaints, or claims with respect to the Licensed Application should be directed to: AI Everything, 5900 Balcones Drive, STE 100, Austin, TX 78731; Email: hello@weaieverything.com; Telephone: (713) 949-3069.
9. Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Licensed Application (e.g., your wireless data service agreement).
10. Third-Party Beneficiary: You and AI Everything acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms/EULA, and that, upon your acceptance of the terms and conditions of these Terms/EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms/EULA against you as a third-party beneficiary thereof.

6. Limitation of Liability & Governing Law

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN NO EVENT SHALL AI Everything'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO AI Everything IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.