Terms of Service

These Terms of Service (the "Terms") govern your access to and use of AgentPhone — the phone numbers, voice, and messaging APIs operated by Relay Innovations, Inc. (d/b/a AgentPhone) ("AgentPhone," "we," "us," or "our"). By creating an account, calling our API, or otherwise using the Service, you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

If you do not agree to these Terms, do not use the Service.

1. The Service

AgentPhone provides programmable telephony for AI agents: provisioning of US and Canadian phone numbers, inbound and outbound voice, SMS, iMessage, and RCS, real-time transcription, a Model Context Protocol (MCP) server, and related developer tooling. The features available to you depend on the plan you select and applicable law.

We may add, change, or remove features at any time. We will give reasonable notice for changes that materially reduce the Service. We will not, however, give notice for changes that are required by law, by a carrier, or to protect the security of the Service.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You may not use the Service if you are barred from doing so under the laws of the United States or your country of residence.

You are responsible for everything that happens under your account, including the actions of any AI agent, automation, or person you authorize. Keep your API keys secret. If you suspect a key has been exposed, rotate it from the dashboard immediately and notify us at [email protected].

3. Acceptable Use

You agree that you will not, and will not permit any agent or end user acting on your behalf to:

• Use the Service to send unsolicited marketing calls or messages, or any communication that violates the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the CRTC's Unsolicited Telecommunications Rules, or any other applicable law on consent, do-not-call lists, or message content.
• Impersonate a person, business, or government entity, or misrepresent the source, identity, or authority of a call or message — including spoofing caller ID in a way that violates the Truth in Caller ID Act or STIR/SHAKEN attestation requirements.
• Use the Service for fraud, phishing, harassment, threats, hate, sexual content involving minors, or any other unlawful purpose.
• Use the Service to provide emergency services. AgentPhone numbers are not a replacement for traditional 911 or E911. See Section 6.
• Attempt to bypass rate limits, reverse-engineer the Service, scrape internal endpoints, or interfere with carriers, peers, or other customers.
• Resell raw access to AgentPhone numbers, voice, or messaging without a written reseller agreement with us.

We may suspend or terminate access — without notice — if we reasonably believe an account is engaged in any of the above. We will work in good faith to give you a chance to cure non-emergency issues before termination.

4. Telecom Compliance

Phone numbers are regulated. By using the Service you confirm that:

• You will obtain and document the consent required for the calls and messages you place, including prior express written consent for marketing where required.
• You will register your sending brand and use cases as required by The Campaign Registry (TCR) and any successor program for A2P 10DLC, toll-free, or international messaging.
• You will respect opt-out requests (STOP, UNSUBSCRIBE, or equivalent) within the timeframes required by law and within the Service's automated suppression lists.
• You will not use AgentPhone numbers for content that carriers have classified as SHAFT (sex, hate, alcohol, firearms, tobacco) without the appropriate registrations and where carriers permit.
• You will cooperate with reasonable carrier or regulator inquiries forwarded to you through us.

We may suspend numbers, registrations, or features in response to carrier action or regulator demand. We will pass through any reinstatement requirements to you.

5. Customer Data and Content

You retain all rights in the calls, messages, recordings, transcripts, prompts, and other content you submit through the Service ("Customer Data"). You grant us a worldwide, non-exclusive license to host, process, transmit, transcribe, and route Customer Data solely to operate, secure, and improve the Service for you.

We will not use Customer Data to train shared AI models. Aggregated, de-identified telemetry — call counts, latency, error rates — may be used to operate and improve the Service.

You are responsible for the legality of any Customer Data, including obtaining all consents required to record calls or process personal information. See our Privacy Policy for how we handle personal information.

6. No Emergency Services

The Service does not support 911, E911, or any equivalent emergency calling. AgentPhone numbers cannot be used to reach police, fire, medical, or other emergency responders. You must maintain an alternative means of reaching emergency services and must clearly inform anyone using an AgentPhone number that emergency calling is not available.

7. Fees and Billing

Fees are described on the Pricing page and in your order or subscription confirmation. Unless we agree otherwise in writing:

• Subscription fees are billed in advance and are non-refundable except where required by law.
• Usage fees (per-minute, per-message, per-number) are billed in arrears each calendar month.
• Taxes, regulatory fees, and carrier surcharges are added to your bill where applicable.
• We may change pricing on 30 days' notice. Changes apply at the start of your next billing period.

If a payment is overdue, we may suspend the Service after notice. You remain responsible for amounts owed during suspension.

8. Intellectual Property

The Service, including the AgentPhone software, SDKs, dashboards, documentation, brand, and all related intellectual property, is owned by AgentPhone or our licensors. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. You may not copy, modify, sublicense, or create derivative works of the Service except as expressly permitted.

Feedback you give us about the Service is given without restriction. We may use it freely.

9. Confidentiality

Each party will protect the other's non-public information disclosed under these Terms with the same care it uses for its own confidential information, and at minimum reasonable care. Confidential information may be disclosed only to personnel and contractors who need it and are bound by confidentiality obligations. This Section does not apply to information that is public, independently developed, or required to be disclosed by law (in which case the receiving party will give reasonable advance notice where lawful).

10. Security and Service Availability

We maintain administrative, technical, and physical safeguards designed to protect the Service and Customer Data. We have completed a SOC 2 Type 1 examination covering the Security, Availability, and Confidentiality Trust Services Criteria, with a Type 2 examination in progress. No service can guarantee perfect security. You are responsible for securing your own systems, API keys, and end-user devices.

We aim for high availability but do not promise the Service will be uninterrupted or error-free. Specific service-level commitments, if any, are described in your order or in a separate SLA.

11. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, OR DELIVER ANY SPECIFIC OUTCOME FROM AN AI AGENT'S OUTPUT.

Carriers are not liable for delayed or undelivered messages.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. EACH PARTY'S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, BREACHES OF SECTION 3 (ACCEPTABLE USE), OR INDEMNIFICATION OBLIGATIONS.

13. Indemnification

You will defend, indemnify, and hold AgentPhone harmless from any third-party claim arising out of (a) Customer Data, (b) your or your end users' use of the Service, (c) your breach of these Terms, or (d) your violation of any law, including telecom and consumer-protection laws. We will defend, indemnify, and hold you harmless from any third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes that third party's US patent, copyright, or trademark — provided you give us prompt notice and reasonable cooperation.

14. Term and Termination

These Terms apply for as long as you have an account or are using the Service. Either party may terminate for material breach that is not cured within 30 days of written notice. We may terminate immediately for breaches of Section 3, regulatory or carrier action, or non-payment after notice.

On termination, your right to use the Service ends. We will, on request, make Customer Data available for export for 30 days, after which we may delete it in the ordinary course. Sections that by their nature should survive — including Sections 5, 8, 9, 11, 12, 13, and 16 — will survive termination.

15. Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or in the dashboard at least 30 days before they take effect, except where a shorter period is required by law or carrier rules. Your continued use of the Service after the effective date is your acceptance of the updated Terms.

16. General

Governing law and venue. These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. The state and federal courts located in San Francisco County, California have exclusive jurisdiction over any dispute, except that either party may seek injunctive relief in any competent court.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of substantially all of our assets.

Force majeure. Neither party is liable for failure to perform caused by events outside its reasonable control, including carrier outages, internet failures, acts of government, and natural disasters.

Entire agreement. These Terms, together with any order, SLA, or referenced policy, are the entire agreement between you and AgentPhone on this subject and supersede prior agreements on it.

Contact. Questions about these Terms can be sent to [email protected] or to Relay Innovations, Inc. (d/b/a AgentPhone), San Francisco, California, USA.