Cloudone-ai.com (“Cloudone-ai.com,” “we,” “us,” or “our”) is a New York legal entity and acts as the data controller for personal data processed through the website https://cloudone-ai.com (the “Service”). These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and Cloudone-ai.com. By 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, you may not use the Service. 

Arbitration Notice: Except as described in Section 14, all disputes arising under these Terms must be resolved through binding, individual arbitration. By accepting these Terms, you waive any right to a jury trial or participation in a class action. 

1. Overview

1.1 Service Description 

The Service includes the Cloudone-ai.com website, related subdomains, dashboards, interfaces, API endpoints, the Cloud One AI automated call platform, and all associated features and content. 

1.2 Additional Terms 

Certain features may be governed by additional terms (“Additional Terms”). In case of conflict, the Additional Terms control unless explicitly stated otherwise. 

1.3 Modifications 

We may modify these Terms at any time on a prospective basis. Material changes will be communicated, and continued use of the Service constitutes acceptance of the revised Terms. 

2. Eligibility

By using the Service, you represent that: 
(a) you are at least 18 years old or have legal guardian consent; 
(b) you have not been previously suspended from the Service; and 
(c) your use complies with all applicable laws. 
If you use the Service on behalf of an organization, you represent that you are authorized to bind that entity. 

3. Accounts

3.1 Account Creation 

You may be required to create an account. You must provide accurate information, maintain confidentiality of your credentials, and notify us of any unauthorized use. 

3.2 Account Types 

We may offer free trials, paid plans, business accounts, or agency/white-label accounts, subject to applicable Additional Terms. 

3.3 Suspension and Termination 

We may suspend or terminate your account at any time, with or without notice, including for violations of these Terms, non-payment, or security concerns. 

4. Intellectual Property

4.1 Limited License 

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service in accordance with these Terms. 

4.2 Restrictions 

You may not copy, modify, reverse-engineer, distribute, publicly display, or otherwise misuse the Service. Unauthorized resale or transfer of access is prohibited. 

4.3 Feedback 

Any feedback you provide may be used by us without restriction or compensation. 

4.4 Ownership 

All intellectual property rights in the Service are owned by Cloudone-ai.com or its licensors. 

5. Cloud One AI Platform

5.1 Platform Use 

The Cloud One AI Platform enables automated and AI-driven calls. You assume all risks associated with communication delays or errors and are solely responsible for compliance with all applicable calling laws (including TCPA, TSR, and state/federal regulations). 

5.2 White-Label / Agency Licensing 

Where applicable, you may offer the Service to clients under your own brand. You remain responsible for ensuring client compliance with all applicable terms and laws. 

6. Payments

6.1 Fees 

Paid features require a subscription, and you agree to pay all associated fees, taxes, and charges. 

6.2 Payment Methods 

You must maintain a valid payment method. Failed payments may result in suspension. 

6.3 Auto-Renewal 

Subscriptions renew automatically unless canceled before the renewal date. 

6.4 Refunds 

Fees are non-refundable except where required by law or specifically provided in Additional Terms. 

6.5 Fee Changes 

Fees may be modified with prior notice. Continued use constitutes acceptance. 

7. User Content and Compliance

7.1 Legal Compliance 

You must comply with all laws related to automated calling, data privacy, consent, disclosures, and opt-out requirements. 

7.2 User Content 

You retain ownership of your uploaded content but grant us a license to use it as necessary to operate the Service. 

7.3 Prohibited Content 

You may not upload unlawful, harmful, infringing, or malicious content. We may remove content at our discretion. 

8. Prohibited Uses

You agree not to violate laws, bypass security, disrupt the Service, impersonate others, or enable unauthorized access. 

9. Indemnification

You agree to indemnify and hold harmless Cloudone-ai.com and its affiliates from claims arising from your use of the Service, breach of these Terms, your content, or your failure to comply with applicable laws. 

10. Disclaimers

The Service is provided on an “as is” and “as available” basis without warranties of any kind. We do not guarantee uninterrupted service, accuracy, delivery of communications, or freedom from harmful components. 

11. Limitation of Liability

We are not liable for indirect, incidental, or consequential damages, including loss of profits or data. Our total liability is limited to the greater of: 
(a) amounts paid by you in the prior three months, or 
(b) $100. 

12. Term and Termination

These Terms remain effective until terminated. We may suspend or terminate access at any time. Upon termination, licenses cease, outstanding fees remain due, and certain provisions survive. 

13. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, power outages, or emergencies. 

14. Governing Law and Dispute Resolution

These Terms are governed by New York law. Except for certain exceptions, all disputes must be resolved by binding individual arbitration. Class actions are waived. Small claims actions and IP-related injunctions are permitted. 

15. Privacy

Your use of the Service is governed by our Privacy Policy. We act as the data controller for personal data processed through the Service. 

16. General Provisions

These Terms constitute the entire agreement. You may not assign your rights without consent; we may assign freely. Invalid provisions do not affect the remainder. Notices may be delivered by email or through the Service. 

17. Acknowledgment

By accessing or using the Service, you affirm that you have read, understood, and agree to these Terms and that you possess the legal authority to do so.