Terms of Service

1Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Wittyscale, a division of Glimtalk ("Wittyscale," "we," "us," or "our"), governing your access to and use of the Wittyscale AI receptionist service, available at wittyscale.glimtalk.com (the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

Effective Date: February 7, 2026

2Service Description

Wittyscale provides an AI-powered virtual receptionist service that answers phone calls, books appointments, responds to frequently asked questions, and performs other automated telephony functions on behalf of businesses.

2.1 Core Features

The Service includes:

• 24/7 AI-powered call answering
• Appointment booking and calendar integration
• Custom knowledge base training
• Call recording and transcription
• Call analytics and reporting dashboard
• Integration with third-party services (calendars, CRMs)
• Multi-location and multi-number support (plan-dependent)
• SMS appointment reminders

2.2 Service Limitations

The Service is designed to handle routine inquiries and bookings. It is not a substitute for human judgment in emergency situations, complex customer service issues, or matters requiring professional expertise. You are responsible for configuring call escalation to human agents for situations beyond the AI's capabilities.

3Account Registration and Security

3.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your business. By creating an account, you represent and warrant that you meet these requirements.

3.2 Account Information

You must provide accurate, current, and complete information during registration and keep your account information updated. You are responsible for all activities that occur under your account.

3.3 Account Security

You agree to:

• Keep your password secure and confidential
• Use a strong, unique password
• Enable multi-factor authentication (MFA) when available
• Notify us immediately of any unauthorized access or security breach
• Not share your account credentials with anyone

You are liable for any losses or damages resulting from your failure to maintain account security.

3.4 Account Ownership

Your account is non-transferable. You may not sell, transfer, or assign your account to another party without our prior written consent.

4Subscription Plans and Billing

4.1 Subscription Tiers

We offer the following subscription plans:

4.2 Billing and Payment

By subscribing to a paid plan, you agree that:

• Subscription fees are billed monthly in advance
• You authorize us to charge your payment method on each billing cycle
• All fees are non-refundable except as required by law or specified in these Terms
• You are responsible for all applicable taxes (sales tax, VAT, etc.)
• Overage charges may apply if you exceed your plan's usage limits

4.3 Payment Processing

Payments are processed securely through LemonSqueezy, our third-party payment processor. By providing payment information, you agree to LemonSqueezy's terms of service and privacy policy. We do not store your complete payment card information.

4.4 Failed Payments

If a payment fails, we will attempt to charge your payment method up to three times. If payment cannot be processed after three attempts, we may suspend or terminate your access to the Service. You remain responsible for all unpaid fees.

4.5 Plan Changes

You may upgrade or downgrade your subscription plan at any time through your account dashboard. Upgrades take effect immediately; downgrades take effect at the start of the next billing cycle. No refunds or credits are provided for partial months.

4.6 Price Changes

We reserve the right to change our pricing at any time. Price changes will not affect your current billing cycle but will apply to subsequent billing cycles. We will provide at least 30 days' notice of price increases via email.

4.7 Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of your current billing period. We do not provide refunds or credits for partial months or unused services, except as required by law. Call recordings and data will be available for export for 30 days after cancellation, after which they will be permanently deleted.

5Acceptable Use Policy

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

5.1 Prohibited Activities

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for telemarketing, spam, or unsolicited communications
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers/networks connected to it
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to transmit malware, viruses, or harmful code
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or alter any proprietary notices or labels
• Use automated systems (bots, scrapers) to access the Service without permission
• Engage in fraudulent, deceptive, or misleading practices

5.2 Prohibited Content

You may not use the Service to transmit or store content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or hateful
• Infringes intellectual property rights or violates privacy rights
• Contains obscene, pornographic, or sexually explicit material
• Promotes violence, discrimination, or illegal activities
• Violates export control or sanctions laws

5.3 Compliance with Telemarketing Laws

You are solely responsible for compliance with all applicable telemarketing laws, including the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), and Do Not Call regulations. You must maintain your own Do Not Call lists and honor opt-out requests.

5.4 Enforcement

We reserve the right to investigate violations of this Acceptable Use Policy and take appropriate action, including suspending or terminating accounts, removing content, or reporting violations to law enforcement.

6Customer Responsibilities

6.1 Recording Consent

You are responsible for complying with all applicable laws regarding call recording and consent. This includes, but is not limited to, state and federal wiretapping laws that may require two-party consent for call recording. You must configure appropriate recording consent notices if required in your jurisdiction.

6.2 Accuracy of Information

You are responsible for the accuracy and completeness of all information you provide to train the AI, including business information, services, pricing, hours, and FAQs. You must update this information promptly when it changes.

6.3 Customer Service

While our AI handles routine inquiries, you remain responsible for providing quality customer service. You must configure call escalation to human agents for complex issues, emergencies, or situations requiring professional judgment.

6.4 Healthcare Compliance

If you are a healthcare provider subject to HIPAA, you must execute a Business Associate Agreement (BAA) with us before using the Service to handle Protected Health Information (PHI). Contact us at compliance@wittyscale.glimtalk.com to request a BAA.

6.5 Monitoring and Quality Assurance

You should regularly review call logs and transcripts to ensure the AI is performing as expected and representing your business appropriately.

7Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including all software, AI models, algorithms, features, content, trademarks, and visual interfaces, is owned by Wittyscale and protected by intellectual property laws. These Terms do not grant you any ownership rights in the Service.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms. This license terminates when your subscription ends or is terminated.

7.3 Your Content

You retain all rights to content you upload or provide to the Service ("Customer Content"), including business information, scripts, and training data. By using the Service, you grant us a worldwide, non-exclusive license to use, process, and display Customer Content solely to provide the Service to you.

7.4 AI Training

We may use aggregated, de-identified data derived from your use of the Service to improve our AI models and Service quality. We will not use your identifiable Customer Content to train AI models that serve other customers without your explicit consent.

7.5 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such feedback without any obligation to you.

8Data and Privacy

Our collection, use, and protection of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you also agree to our Privacy Policy.

Key points:

• All calls are recorded and transcribed
• You control access to your call data through your account
• We implement industry-standard security measures
• You can export or delete your data as described in the Privacy Policy
• We comply with GDPR, CCPA, and other applicable privacy laws

9Service Availability and Modifications

9.1 Service Uptime

While we strive to provide reliable, uninterrupted service, we do not guarantee 100% uptime. The Service may be unavailable due to maintenance, updates, network issues, or circumstances beyond our control.

9.2 Scheduled Maintenance

We will make reasonable efforts to notify you of scheduled maintenance that may affect service availability. Emergency maintenance may be performed without advance notice.

9.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable for any modification, suspension, or discontinuation of the Service.

9.4 Third-Party Services

The Service integrates with third-party services (Telnyx, Cal.com, etc.). We are not responsible for the availability, functionality, or performance of these third-party services. Your use of third-party services is subject to their respective terms and conditions.

10Warranties and Disclaimers

10.1 Limited Warranty

We warrant that the Service will perform substantially in accordance with its documentation. This warranty is subject to your proper use of the Service in accordance with these Terms.

10.2 Disclaimer of Warranties

10.3 AI Limitations

You acknowledge that AI technology has inherent limitations and may produce errors, inaccuracies, or inappropriate responses. We do not warrant that the AI will:

• Understand every customer inquiry correctly
• Provide accurate information 100% of the time
• Handle every situation appropriately
• Be free from bias or errors
• Comply with all industry-specific regulations applicable to your business

You are responsible for monitoring AI performance and implementing appropriate safeguards.

10.4 No Professional Advice

The Service does not provide legal, medical, financial, or other professional advice. You are solely responsible for ensuring that your use of the Service complies with applicable professional standards and regulations.

11Limitation of Liability

11.1 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

11.2 Exceptions

These limitations do not apply to liability for: (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, (c) gross negligence or willful misconduct, or (d) any other liability that cannot be limited by law.

11.3 Basis of the Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance on the limitations of liability set forth in this section, which allocate risk between us and form the basis of our agreement.

12Indemnification

You agree to indemnify, defend, and hold harmless Wittyscale, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Service
• Your violation of these Terms or applicable laws
• Your Customer Content or business information
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your failure to comply with call recording consent laws or telemarketing regulations
• Claims by your customers or third parties related to AI responses or service quality

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us in asserting any available defenses.

13Termination

13.1 Termination by You

You may cancel your subscription and terminate these Terms at any time through your account dashboard or by contacting customer support. Cancellation takes effect at the end of your current billing period.

13.2 Termination by Us

We may suspend or terminate your access to the Service immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your payment fails or account is past due
• You engage in fraudulent or illegal activity
• Your use poses a security risk or could harm other users
• Required by law or regulatory authority

13.3 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• You will no longer receive calls through our system
• You will have 30 days to export your call recordings and data
• After 30 days, we may delete your data in accordance with our retention policy
• You remain liable for all fees incurred before termination
• Sections of these Terms that by their nature should survive termination will continue to apply

13.4 Data Export

You can export your call recordings, transcripts, and other data at any time through your dashboard. We recommend maintaining your own backups.

14Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at disputes@wittyscale.glimtalk.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising from or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the American Arbitration Association's (AAA) Commercial Arbitration Rules.

Key terms:

• Arbitration will be conducted by a single arbitrator
• Location: San Francisco, California (or mutually agreed location)
• Governing Rules: AAA Commercial Arbitration Rules
• The arbitrator's decision will be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

14.3 Class Action Waiver

YOU AND WITTYSCALE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

14.4 Exceptions

Either party may bring a claim in small claims court if it qualifies. Additionally, either party may seek injunctive relief in court to prevent infringement of intellectual property rights.

14.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to us within 30 days of first accepting these Terms. The notice must include your name, address, email, and a clear statement that you wish to opt out of the arbitration agreement.

15General Provisions

15.1 Governing Law

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

15.2 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with us, constitute the entire agreement between you and Wittyscale regarding the Service.

15.3 Amendments

We may modify these Terms at any time by posting the revised Terms on our website. Material changes will be notified via email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15.4 Waiver and Severability

Our failure to enforce any provision of these Terms does not constitute a waiver. If any provision is found unenforceable, the remaining provisions will continue in full force and effect.

15.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

15.6 Force Majeure

Neither party will be liable for delays or failures in performance resulting from causes beyond their reasonable control, including acts of God, natural disasters, terrorism, riots, or war.

15.7 Notices

Legal notices must be sent to legal@wittyscale.glimtalk.com. You consent to receive electronic communications from us regarding your account and the Service.

15.8 Export Control

The Service may be subject to U.S. export control laws. You agree to comply with all applicable export and re-export control laws and regulations.

16Contact Information

For questions about these Terms or the Service, please contact us: