Terms & Conditions

Effective Date: January 1, 2025

Welcome to TheDBT.Ai (“TheDBT,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our AI-powered appointment setting services, software, and related features (collectively, the “Services”). By accessing or using our Services, you (“Client,” “you,” or “your”) agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

1. Acceptance and Modifications

1.1 Agreement to Terms

By creating an account, accessing our platform, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated by reference.

Note: All communications and data handling are subject to our Privacy Policy.

1.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes through email or a prominent notice on our website. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

1.3 Eligibility

You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent.

2. Services Overview

2.1 AI Appointment Setting

TheDBT.Ai provides automated AI-powered conversation services designed to engage with your prospects, qualify leads, and schedule appointments on your behalf through voice calls, SMS, email, and other communication channels.

2.2 Service Scope

Our Services include, but are not limited to:

AI voice agent configuration and deployment
Conversational AI scripting and optimization
Lead qualification and appointment scheduling
CRM integration and data management
Analytics and performance reporting
Ongoing support and optimization

2.3 No Guarantee of Results

While we strive to deliver high-quality Services, we do not guarantee specific results, conversion rates, appointment volumes, or revenue outcomes. Success depends on numerous factors including your industry, offer quality, target market, and business operations.

3. Account Registration and Security

3.1 Account Creation

To access our Services, you must create an account by providing accurate, complete, and current information. You agree to update your information promptly if it changes.

3.2 Account Security

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 or security breaches

3.3 Account Restrictions

You may not:

Share your account with others
Create multiple accounts without authorization
Use another person’s account without permission
Transfer your account without our written consent

4. Communications and Consent

4.1 Message and Data Rates

By opting into our communications or deploying our AI agents, you acknowledge that standard message and data rates may apply based on your carrier and plan.

4.2 Communication Frequency

Message frequency varies based on your campaign settings, lead volume, and service configuration. You control the volume through your account settings.

4.3 Opt-Out Mechanisms

You and your contacts can opt out of communications at any time by:

Replying “STOP” to any SMS message
Clicking “unsubscribe” in email communications
Contacting us at info@thedbt.ai

4.4 Recording and Monitoring

We may record and monitor calls, voicemails, SMS messages, and emails for quality assurance, training, compliance, and service improvement purposes. By using our Services, you and your contacts consent to such recording and monitoring.

4.5 Compliance Responsibility

You are solely responsible for ensuring your use of our Services complies with all applicable laws, including but not limited to:

Telephone Consumer Protection Act (TCPA)
CAN-SPAM Act
State and federal privacy laws
Industry-specific regulations

5. Payment Terms

5.1 Fees and Pricing

Fees for our Services are based on the plan you select and may include:

Initial setup and onboarding fees
Monthly subscription fees
Usage-based charges (per call, per message, etc.)
Additional feature or support fees

All fees are detailed in your service agreement or invoice.

5.2 Payment Method

You authorize us to charge your designated payment method for all applicable fees. You must maintain valid payment information on file.

5.3 Billing Cycle

Subscription fees are billed in advance on a monthly or annual basis, as selected. Usage-based fees are calculated and billed based on actual consumption during each billing period.

5.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your selected plan.

5.5 Payment Disputes

If you believe you have been incorrectly charged, contact us at info@thedbt.ai within 30 days of the charge. We will investigate and resolve legitimate billing errors promptly.

5.6 Late Payment

If payment is not received when due:

Your access to the Services may be suspended
Late fees may be applied
Third-party services integrated with your account may be disconnected
We reserve the right to terminate your account

We are not responsible for any loss of business, data, or opportunities resulting from service suspension due to non-payment.

5.7 Prohibited Use & Compliance

You agree not to use the platform for any illegal, unauthorized, or unethical purposes. Specifically, you represent and warrant that:

Legal Compliance: Your use of our AI services will comply with all applicable local, state, national, and international laws and regulations (including but not limited to the TCPA and GDPR).
No Spam or Cold Calling: You will not use the platform for “spamming,” unauthorized cold calling, or sending unsolicited messages.
Mandatory Consent: You must obtain express prior written consent from any individual before contacting them via automated calls or texts through our platform. You are solely responsible for maintaining records of such consent.
Recording Disclosure: If you use the platform to record calls, you must obtain prior legal consent from all parties involved in the communication, in accordance with “all-party consent” laws where applicable.
AI Responsibility: As this is an AI-powered platform, you agree not to use the technology to deceive, harass, or misrepresent your identity to recipients.

Failure to comply with these terms will result in immediate account termination without refund.

5.8 No Refunds

All fees are non-refundable except as expressly stated in Section 6 (Money-Back Guarantee) or as required by law. This includes setup fees, subscription fees, and usage charges for Services already rendered.

6. Money-Back Guarantee

6.1 Pre-Approval Refund Period

Before you approve your AI agent for launch, you may request a full refund of any initial setup or onboarding fees paid.

6.2 Approval and Launch

Once you explicitly approve your AI agent for deployment and launch, the money-back guarantee ends and all fees become non-refundable.

6.3 Refund Process

To request a refund during the eligible period, email info@thedbt.ai with your account details and reason for the request. Approved refunds will be processed within 14 business days.

7. Usage-Based Billing

7.1 Metered Services

Certain Services are billed based on actual usage, including:

Number of calls initiated or received
Duration of conversations
Number of SMS messages sent
API calls and integrations

7.2 Usage Calculation

We automatically track and calculate your usage. Billing is based on the metrics recorded by our systems during your billing cycle.

7.3 Billing Discrepancies

If you identify a discrepancy in your usage charges, contact us immediately at info@thedbt.ai. We will:

Investigate the issue promptly
Provide a detailed explanation of the charges
Issue credits or refunds for confirmed overcharges

7.4 Chargeback Policy

Chargebacks should be a last resort. We encourage you to contact us first to resolve any billing disputes.

If a chargeback is filed:

We may suspend your Services immediately pending resolution
Your account may be terminated if the chargeback is deemed fraudulent
You will be responsible for all chargeback fees and associated costs
Service reinstatement requires resolution of the dispute and payment of any outstanding amounts

8. Client Responsibilities

8.1 Content and Compliance

You are solely responsible for:

The accuracy and legality of all content, scripts, and messaging used in your campaigns
Ensuring your offers, claims, and representations comply with applicable laws
Obtaining necessary consents from contacts in your database
Verifying you have the right to contact leads through our Services
All claims made in your marketing materials and conversations

8.2 Prohibited Activities

You may not use our Services to:

Violate any local, state, federal, or international law
Send spam, unsolicited communications, or deceptive messages
Impersonate others or misrepresent your identity or affiliation
Collect personal information without proper authorization
Interfere with or disrupt our Services or servers
Attempt to gain unauthorized access to any systems or data
Transmit viruses, malware, or other harmful code
Promote illegal activities, violence, or hate speech

8.3 Content Review

While we may assist with scripting and prompt engineering, you must review and approve all content before deployment. We recommend reviewing your AI agent’s performance at least weekly.

8.4 Third-Party Services

You are responsible for:

Maintaining active subscriptions to necessary third-party services (CRM, telephony, etc.)
Ensuring proper licensing for any software or services you integrate
Compliance with third-party terms of service

9. Intellectual Property Rights

9.1 Client Content

You retain all ownership rights to your proprietary content, including:

Your business information and data
Marketing materials you provide
Customer and prospect information
Industry-specific knowledge and expertise

You grant us a limited license to use your content solely to provide the Services.

9.2 TheDBT.Ai Platform

We retain all rights to our proprietary technology, including:

Our AI platform and underlying algorithms
Software, code, and technical infrastructure
Proprietary methodologies and processes
Training materials and documentation
Templates and frameworks we develop

9.3 Deliverables and License

Upon full payment, you receive:

Ownership of customized scripts and content created specifically for your campaigns
A non-exclusive, non-transferable license to use our platform components integrated into your solution
The right to use and modify your specific agent configuration for your business purposes

You may not:

Resell, redistribute, or repurpose our platform technology
Reverse engineer or attempt to extract our proprietary methods
Use our platform to create competing services

9.4 Platform Improvements

Any enhancements, improvements, or modifications we make to our core platform remain our exclusive property, even if developed while serving your account. You receive the benefit of these improvements through your ongoing subscription.

9.5 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about our Services, you grant us a perpetual, worldwide, royalty-free license to use and incorporate such feedback without compensation or attribution.

10. Data and Privacy

10.1 Data Collection

We collect and process data necessary to provide the Services, including:

Contact information and conversation data
Usage metrics and performance analytics
Account and billing information

10.2 Data Usage

We may use aggregated, anonymized data for:

Service improvement and optimization
Industry research and benchmarking
Marketing materials and case studies (with your permission for identifiable data)

10.3 Data Security

We implement reasonable security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.

10.4 Data Retention

We retain your data for as long as your account is active and as required by law. Upon termination, we will delete or anonymize your data within 90 days unless legally required to retain it.

10.5 Privacy Policy

Our detailed data practices are described in our Privacy Policy, available at [your website]/privacy-policy.

11. Confidentiality

11.1 Confidential Information

Both parties agree to protect each other’s confidential information, including:

Business strategies and financial information
Technical specifications and proprietary methods
Customer lists and market data
Trade secrets and competitive intelligence

11.2 Exceptions

Confidentiality obligations do not apply to information that:

Is publicly available through no fault of the receiving party
Was known prior to disclosure
Is independently developed
Is received from a third party without breach
Must be disclosed by law or court order

11.3 Marketing Rights

Unless you opt out in writing, we may:

List your company name and logo as a client
Use anonymized results and metrics in our marketing materials
Request testimonials or case studies (subject to your approval)

12. Term and Termination

12.1 Initial Term

This agreement begins when you first access our Services and continues for the initial subscription period you selected (monthly or annual).

12.2 Renewal

Your subscription automatically renews for successive periods of the same duration unless either party provides 30 days’ written notice of non-renewal before the end of the current term.

12.3 Termination for Convenience

Either party may terminate this agreement for any reason with 30 days’ written notice after completion of any initial commitment period.

12.4 Termination for Cause

Either party may terminate immediately if the other party:

Materially breaches these Terms and fails to cure within 14 days of written notice (5 days for payment breaches)
Becomes insolvent or files for bankruptcy
Engages in fraudulent or illegal activity

12.5 Effect of Termination

Upon termination:

Your access to the Services will be discontinued
You remain responsible for all fees incurred through the termination date
You must cease using any of our proprietary technology
We may delete your data in accordance with our retention policy
Sections of these Terms that by their nature should survive will remain in effect

12.6 No Refunds Upon Termination

Termination does not entitle you to a refund of any fees already paid, except as required by law.

13. Non-Solicitation

13.1 Restriction Period

During your subscription and for 18 months after termination, you agree not to:

Solicit or recruit any TheDBT.Ai employee, contractor, or consultant
Encourage any TheDBT.Ai team member to terminate their relationship with us
Hire or engage anyone who worked on your account

13.2 Liquidated Damages

If you breach this provision, you agree to pay us liquidated damages equal to 12 times the monthly compensation we paid to the affected individual. This amount represents a reasonable estimate of our damages and is not a penalty.

14. Warranties and Disclaimers

14.1 Our Warranty

We warrant that our Services will be performed in a professional manner consistent with industry standards.

14.2 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY STATED ABOVE, WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY, RELIABILITY, OR ERROR-FREE OPERATION

14.3 No Guarantee of Results

WE DO NOT WARRANT OR GUARANTEE:

SPECIFIC BUSINESS RESULTS OR OUTCOMES
REVENUE GENERATION OR ROI
LEAD QUALITY OR CONVERSION RATES
APPOINTMENT SHOW RATES
THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS

14.4 Third-Party Services

We make no warranties regarding third-party services, software, or platforms. Any warranties provided by third parties will be passed through to you to the extent permitted.

15. Limitation of Liability

15.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEDBT.AI SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES
LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
LOSS OF DATA OR INFORMATION
COST OF SUBSTITUTE SERVICES
BUSINESS INTERRUPTION

THIS APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Cap on Total Liability

OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15.3 Network and Internet Issues

We are not responsible for:

Internet service provider issues
Network connectivity problems
Third-party platform outages or disruptions
Actions or inactions of third-party service providers

15.4 Content Liability

WE DISCLAIM ALL LIABILITY FOR:

Content created, used, or distributed through your campaigns
Claims made in your marketing materials or conversations
Legal compliance of your business practices
Consequences of your business decisions

15.5 Essential Purpose

These limitations apply even if any remedy fails of its essential purpose. The parties acknowledge that the fees charged reflect this allocation of risk.

16. Indemnification

16.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless TheDBT.Ai, its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

Your use or misuse of the Services
Your violation of these Terms
Your violation of any law or regulation
Content you provide or claims you make in your campaigns
Your business practices or customer interactions
Infringement of third-party rights through your actions
Any data breach or security incident caused by your negligence

16.2 Our Indemnification Obligations

We agree to indemnify you against third-party claims that our core platform technology infringes U.S. intellectual property rights, provided you:

Promptly notify us of the claim
Give us sole control of the defense and settlement
Cooperate with our defense efforts

16.3 Our Remedies for IP Claims

If an infringement claim occurs or appears likely, we may:

Modify the Services to be non-infringing
Obtain a license for your continued use
Replace the infringing component with a non-infringing alternative
Terminate the affected Services and refund pro-rated fees

16.4 Exceptions to Our IP Indemnity

We have no indemnification obligation for claims arising from:

Your content, data, or materials
Modifications you make to our Services
Use of our Services in combination with third-party products
Your continued use after we notify you of infringement and provide alternatives

16.5 Indemnification Procedure

The indemnified party must:

Provide prompt written notice of any claim
Allow the indemnifying party control over defense and settlement
Cooperate in the defense (at the indemnifying party’s expense)
Not settle without the indemnifying party’s consent

17. Dispute Resolution

17.1 Governing Law

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

17.2 Jurisdiction and Venue

Any legal action or proceeding arising from these Terms must be brought exclusively in the state or federal courts located in California. You consent to the jurisdiction of such courts.

17.3 Informal Resolution

Before filing any legal action, the parties agree to attempt to resolve disputes informally by contacting info@thedbt.ai and providing a detailed description of the dispute.

17.4 Time Limitation

Any claim arising from these Terms or the Services must be filed within one (1) year after the claim arises, or it will be permanently barred.

18. Force Majeure

Neither party shall be liable for failure to perform due to causes beyond its reasonable control, including:

Acts of God (earthquakes, floods, fires)
War, terrorism, or civil unrest
Government actions or embargoes
Pandemics or epidemics
Labor disputes or strikes
Internet or telecommunications failures
Power outages or utility failures

The affected party must notify the other party promptly and resume performance as soon as reasonably possible.

19. General Provisions

19.1 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

19.2 Entire Agreement

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings.

19.3 Amendments

These Terms may only be modified by a written agreement signed by both parties or as described in Section 1.2.

19.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

19.5 Severability

If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision will be severed, and the remaining provisions will remain in effect.

19.6 Waiver

No waiver of any provision constitutes a waiver of any other provision or a continuing waiver. Our failure to enforce any right does not waive that right.

19.7 Notices

All notices must be sent to:

To Client: The email address on your account
To TheDBT.Ai: info@thedbt.ai or to our mailing address on file

Notices are effective upon receipt.

19.8 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

19.9 Attorneys’ Fees

The prevailing party in any legal action arising from these Terms is entitled to recover reasonable attorneys’ fees and costs.

19.10 Counterparts

These Terms may be executed in counterparts, each of which is deemed an original but all of which together constitute one agreement.

19.11 Headings

Section headings are for convenience only and do not affect interpretation.

20. SMS and Voice Program Terms

20.1 Enrollment

By providing contact information and deploying our AI agents, you and your contacts consent to receive automated calls and text messages. Message frequency varies.

20.2 Message and Data Rates

Standard message and data rates apply based on your carrier.

20.3 Opt-Out Rights

Recipients can opt out at any time by:

Replying “STOP” to any text message
Verbally requesting removal during a call
Emailing info@thedbt.ai

20.4 Help

For assistance, email info@thedbt.ai or reply “HELP” to any message.

20.5 Supported Carriers

Our services work with major carriers. We are not liable for carrier-related delays or failures.

21. Contact Information

For questions about these Terms or our Services, contact us at:

TheDBT.Ai
Email: info@thedbt.ai
Website: TheDBT.Ai

22. Acknowledgment and Acceptance

BY CHECKING THE “I AGREE” BOX, CREATING AN ACCOUNT, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.