Terms of Service

1. Acceptance of Terms

2. Description of Service

3. Accounts and Eligibility

3.1 Eligibility

The Service is intended for use by businesses and their authorized representatives. You must be at least 18 years old and have the legal authority to form a binding contract to use the Service. The Service is not directed at consumers acting in a personal, non-commercial capacity.

3.2 Account Registration

You must register for an account to access most features of the Service. You agree to provide accurate, current, and complete information during registration and to keep that information up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.

3.3 Account Security

You must notify us immediately at worker@workforcewave.com if you suspect unauthorized access to your account. We are not liable for any loss resulting from unauthorized use of your account where you failed to maintain the security of your credentials.

3.4 Multi-Seat and Partner Accounts

If you administer a multi-seat or partner (white-label) account, you are responsible for ensuring that all sub-users and sub-clients comply with these Terms. You accept liability for their actions taken within the Service.

4. Acceptable Use

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

• Violate any applicable federal, state, local, or international law or regulation
• Place calls or send messages without required consent under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, or any other applicable law
• Engage in deceptive, fraudulent, or misleading communications, including misrepresenting the AI nature of an agent when required by law to disclose it
• Transmit spam, unsolicited commercial messages, or robocalls to do-not-call registrants
• Process Protected Health Information (PHI) without an executed Business Associate Agreement (BAA) with Workforce Wave
• Reverse-engineer, decompile, disassemble, or attempt to extract source code from the Service
• Introduce malicious code, viruses, or any component designed to harm the Service or its users
• Circumvent any security, rate-limiting, or access-control mechanism
• Use the Service in a manner that imposes an unreasonable or disproportionate load on our infrastructure
• Resell or sublicense access to the Service except as expressly permitted under a signed partner or reseller agreement

We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy, with or without prior notice, depending on the severity of the violation.

5. Fees and Billing

5.1 Pricing

Fees for the Service are as set forth in your order form, quote, or as displayed in the customer portal. We reserve the right to change pricing upon at least 30 days written notice to active customers.

5.2 Billing Cycle

Unless otherwise specified in your order, fees are billed monthly in arrears based on actual usage (per-minute, per-agent, or subscription tiers as applicable). All amounts are in U.S. dollars.

5.3 Payment

Payment is due within 30 days of invoice date unless otherwise agreed in writing. We process payments via Stripe. You authorize us to charge your payment method on file for all amounts due. Overdue balances accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower).

5.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all sales, use, value-added, or similar taxes imposed by any governmental authority on the Service, other than taxes on our net income.

5.5 Refunds

Except as required by law or as expressly stated in your order, all fees are non-refundable. Disputes regarding charges must be raised within 60 days of the invoice date.

5.6 Suspension for Non-Payment

We may suspend access to the Service for accounts with overdue balances, after providing at least 10 days written notice and an opportunity to cure.

6. AI and Voice Agent Specifics; Telephony Consent

6.1 Customer Responsibility for Compliance

You are solely responsible for ensuring that your use of Workforce Wave AI agents complies with all applicable laws and regulations, including but not limited to:

• TCPA: Obtaining prior express written consent before placing auto-dialed or prerecorded calls or texts to consumers
• Do-Not-Call rules: Scrubbing call lists against the National Do Not Call Registry and any applicable state registries
• Call recording disclosure: Complying with all applicable one-party and two-party (all-party) consent recording laws in the jurisdictions of both the caller and the called party
• AI disclosure: Disclosing the AI nature of an agent when required by applicable law (e.g., California AB 1824 and similar statutes)
• HIPAA / HITECH: Executing a BAA before processing any PHI through the Service; ensuring agents do not collect PHI unless a BAA is in place

6.2 No Warranty of Legal Compliance

Workforce Wave provides the technical platform; we do not provide legal advice and make no representation that your particular use of the Service is compliant with any applicable law. You should consult qualified legal counsel for compliance guidance.

6.3 Call Recording and Data Handling

The Service includes automated call recording. Recordings are retained as described in our Privacy Policy. You are responsible for notifying call participants of recording as required by applicable law and for obtaining any required consents before enabling recording features.

6.4 No LLM Training on Customer Data

Customer data, call recordings, transcripts, and interaction logs processed through the Service are never used to train any Large Language Model (LLM) or AI model, including models provided by our AI sub-processors. This commitment is reinforced contractually with each AI vendor we use.

6.5 Agent Output Disclaimer

AI agents may occasionally produce inaccurate, incomplete, or inappropriate responses. You are responsible for reviewing agent configurations, testing agents before deployment, and implementing human oversight appropriate to the sensitivity of your use case. We are not liable for any damages arising from reliance on AI agent outputs.

7. Third-Party Services

8. Intellectual Property

8.1 Our IP

The Service, including all software, algorithms, models, interfaces, documentation, and underlying technology, is owned by Workforce Wave and its licensors. These Terms do not grant you any rights in the Service other than the limited, non-exclusive, non-transferable license to use the Service for your internal business purposes during the term of your subscription.

8.2 Your Content

You retain all ownership rights in data, scripts, knowledge base content, and other materials you upload to the Service (“Customer Content”). You grant Workforce Wave a limited license to use Customer Content solely to provide and improve the Service for your account. We do not acquire any ownership interest in Customer Content.

8.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us a royalty-free, worldwide, perpetual license to use that feedback for any purpose without compensation to you.

8.4 Restrictions

You may not copy, modify, create derivative works of, distribute, sell, or sublicense the Service or any part thereof without our express written consent.

9. Disclaimers and Warranties

10. Limitation of Liability

11. Indemnification

12. Term and Termination

12.1 Term

These Terms commence when you first access the Service and continue until terminated by either party in accordance with this section.

12.2 Termination by You

You may terminate your account at any time by providing written notice to worker@workforcewave.com. Termination is effective at the end of the current billing period unless you request immediate termination.

12.3 Termination by Us

We may terminate or suspend your access to the Service immediately and without prior notice if: (a) you materially breach these Terms and fail to cure within 10 days of written notice; (b) you violate our Acceptable Use Policy; (c) required by law or a regulatory authority; or (d) you become insolvent or are subject to bankruptcy proceedings.

12.4 Effect of Termination

Upon termination: (a) your right to access the Service ceases immediately; (b) we will provide a 30-day window during which you may export your Customer Content; (c) we will delete your Customer Content within 90 days after the export window closes, unless legal obligations require longer retention; (d) all accrued fees remain due and payable.

12.5 Survival

Sections 8 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law), and any accrued payment obligations survive termination.

13. Governing Law and Dispute Resolution

14. Changes to These Terms

15. General Provisions

15.1 Entire Agreement

These Terms, together with any applicable order forms, MSAs, addenda, and our Privacy Policy, constitute the entire agreement between you and Workforce Wave regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Workforce Wave.

15.4 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, with notice to you.

15.5 Force Majeure

Neither party will be liable for delays or failures in performance caused by events beyond that party’s reasonable control, including natural disasters, acts of government, telecommunications failures, or internet outages, provided the affected party gives prompt written notice and uses reasonable efforts to resume performance.

15.6 Export Compliance

You agree to comply with all applicable U.S. and international export control laws and regulations in connection with your use of the Service.