Terms of Service | DigitalBar

1. Acceptance of Terms

By creating an account, accessing, or using any services provided by Digital Bar AI, Inc. ("DigitalBar," "we," "us," or "our"), including the website at digitalbar.ai and the associated platform (collectively, the "Services"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity. If you do not agree to these Terms, you must not use the Services.

2. Description of Services

DigitalBar provides an AI-native customer intelligence platform that includes, but is not limited to: AI voice agents for inbound and outbound calling, email marketing automation and campaign management, contact and lead management, business prospecting and research tools, customer service ticketing, analytics and reporting, CRM integrations, and related business communication services. We may modify, update, or discontinue features at any time with reasonable notice.

3. Account Registration & Security

You must provide accurate, current, and complete information during registration and keep your account information up to date.
You are responsible for maintaining the confidentiality of your account credentials, including passwords and API keys.
You are responsible for all activities that occur under your account, whether authorized by you or not.
You must notify us immediately at security@digitalbar.ai if you suspect unauthorized access to your account.
We reserve the right to suspend or terminate accounts that violate these Terms or pose a security risk.
Multi-tenant organizations must designate at least one administrator who is responsible for managing user access and permissions within the organization's tenant.

4. Subscriptions, Billing & Credits

Plans & Pricing: Services are offered on a subscription basis. Current pricing is available at digitalbar.ai/pricing. We reserve the right to change pricing with 30 days' written notice.
Credits: Certain features (e.g., outbound calls, AI research) consume credits. Credit balances and usage are tracked within the platform.
Billing Cycle: Subscriptions are billed monthly or annually, depending on the plan selected. All fees are non-refundable except as expressly stated herein or required by law.
Failed Payments: If payment fails, we may suspend access to paid features until payment is resolved. We will provide reasonable notice before suspension.
Taxes: You are responsible for all applicable taxes. Stated prices do not include taxes unless otherwise indicated.

5. User Responsibilities & Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

Violate any applicable local, state, national, or international law or regulation.
Send spam, unsolicited communications, or bulk messages in violation of anti-spam laws (CAN-SPAM, CASL, etc.).
Upload or transmit malicious code, viruses, or any technology designed to disrupt or damage the Services.
Attempt to gain unauthorized access to any portion of the Services, other accounts, or related systems.
Use the Services to harass, threaten, defame, or defraud any person or entity.
Impersonate any person or entity or misrepresent your affiliation.
Reverse engineer, decompile, or disassemble any part of the Services.
Use automated tools (bots, scrapers) to access the Services except through our published APIs.
Exceed rate limits or abuse API access in a manner that degrades service for other users.
Upload data you do not have the right to use or share.

6. Outbound Calling & Telecommunications Compliance

Critical: If you use our voice AI agents for outbound calling, you are solely and entirely responsible for compliance with all applicable telecommunications laws and regulations, including but not limited to:

Telephone Consumer Protection Act (TCPA): Requires prior express consent (written for marketing, oral for informational) before placing automated or prerecorded calls.
National Do Not Call Registry: You must scrub your call lists against the federal DNC registry and applicable state DNC lists before initiating calls.
FCC Regulations: Compliance with all Federal Communications Commission rules governing automated calling systems, including the 2024–2025 updates on AI-generated voice calls.
State-Specific Telemarketing Laws: Many states impose additional requirements (registration, bonding, stricter consent standards) that may exceed federal requirements.
Time-of-Day Restrictions: Outbound calls must be placed within permissible hours, generally 8:00 AM – 9:00 PM in the recipient's local time zone.
Caller ID / STIR/SHAKEN: You must transmit accurate caller ID information and comply with call authentication protocols.
Call Recording Consent: You must comply with applicable one-party or all-party consent laws for call recording in the relevant jurisdiction(s).
International Regulations: If calling recipients outside the U.S., you must comply with the laws of the destination country (e.g., GDPR, PECR, CASL, ACMA Telemarketing Standards).

DigitalBar provides tools to support compliance (e.g., DNC list scrubbing, call window scheduling, timezone-aware dialing) but does not guarantee compliance. You are strongly advised to consult with qualified legal counsel. Violation of telecommunications laws may result in immediate suspension of your account.

7. Email Marketing Compliance

If you use our email marketing features, you agree to:

Comply with the CAN-SPAM Act, CASL, GDPR, and all other applicable email marketing laws.
Only send emails to recipients who have provided valid consent or with whom you have a legitimate business relationship.
Include accurate sender information and a functional unsubscribe mechanism in every marketing email.
Honor unsubscribe requests within 10 business days (or sooner as required by law).
Not use the platform to send phishing emails, malware, or deceptive content.

8. Intellectual Property

Our IP: The DigitalBar platform, including all software, algorithms, AI models, designs, documentation, trademarks, and content, is the intellectual property of Digital Bar AI, Inc. and is protected by copyright, trademark, and other intellectual property laws.
Your Data: You retain full ownership of all data, content, and materials you upload to or create within the platform ("Your Content"). We claim no ownership rights over Your Content.
License to Us: You grant us a limited, non-exclusive, royalty-free license to use, process, and display Your Content solely as necessary to provide the Services to you.
Feedback: If you provide feedback, suggestions, or ideas about the Services, we may use them without obligation to you.

9. Data Security & Privacy

We implement comprehensive security measures to protect your data:

All data is encrypted in transit (TLS 1.3) and at rest (AES-256).
Multi-tenant data isolation at the database level ensures your data is logically separated from other organizations.
Role-based access controls, audit logging, and multi-factor authentication support.
Regular security assessments and SOC 2 Type II compliant infrastructure.

For complete details on data collection, use, sharing, and your privacy rights, please review our Privacy Policy.

10. Service Availability & SLA

We target 99.9% uptime for the platform but do not guarantee uninterrupted access. Planned maintenance will be communicated at least 48 hours in advance when possible and scheduled during low-usage periods. We are not liable for downtime caused by factors outside our reasonable control, including internet outages, third-party service failures, force majeure events, or your equipment/network issues.

11. API & Partner Access

Access to our API is governed by these Terms and any additional API-specific terms or documentation.
API keys are confidential. You must not share or expose your API keys publicly.
We reserve the right to impose rate limits, revoke API keys, or suspend access for abuse or violation of these Terms.
Partners accessing the platform via API are subject to partner-specific agreements in addition to these Terms.

12. Third-Party Integrations

The Services may integrate with or provide links to third-party services (e.g., CRMs, telephony providers, email services). These integrations are provided for your convenience. We do not control and are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is subject to their own terms and policies.

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. AI-GENERATED CONTENT (TRANSCRIPTS, SUMMARIES, ANALYSES) IS PROVIDED FOR INFORMATIONAL PURPOSES AND MAY CONTAIN INACCURACIES. YOU SHOULD VERIFY AI-GENERATED OUTPUT BEFORE RELYING ON IT FOR BUSINESS DECISIONS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL BAR AI, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS 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 IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to indemnify, defend, and hold harmless Digital Bar AI, Inc. and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including telecommunications and anti-spam laws; (d) your infringement of any third-party rights; or (e) any content or data you upload to or transmit through the Services.

16. Termination

By You: You may cancel your subscription and terminate your account at any time through the platform settings or by contacting support.
By Us: We may suspend or terminate your account immediately for violation of these Terms, non-payment, or if required by law. For other reasons, we will provide 30 days' notice.
Effect of Termination: Upon termination, your right to access the Services ceases immediately. You may request export of your data within 30 days of termination. After the 30-day grace period, your data will be permanently deleted within 90 days.
Survival: Sections relating to intellectual property, limitation of liability, indemnification, governing law, and dispute resolution survive termination.

17. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any dispute arising under these Terms that cannot be resolved through good-faith negotiation shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Delaware or remotely, at the parties' mutual agreement. Each party shall bear its own costs, and the arbitrator's decision shall be final and binding. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction.

18. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any applicable order forms, constitute the entire agreement between you and DigitalBar.
Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect.
Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets.
Force Majeure: Neither party shall be liable for delays or failures caused by events beyond reasonable control (natural disasters, pandemics, war, government actions, internet outages).
Notices: We may provide notices via email to the address associated with your account or through the platform. You may send notices to legal@digitalbar.ai.

19. Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes via email and/or a prominent notice on the platform at least 30 days before the changes take effect. Continued use of the Services after the effective date of the updated Terms constitutes your acceptance. If you do not agree to the revised Terms, you must stop using the Services and terminate your account.

20. Contact Us

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

Email: legal@digitalbar.ai
Website: digitalbar.ai/contact