Terms and Conditions

These Terms and Conditions ("Terms") govern access to and use of the website located at www.sharktalk.ai, the SharkTalk platform, dashboard, and application (the "Platform"), and any communications, demonstrations, proposals, subscriptions, services, or other offerings provided by SharkTalk.ai ("SharkTalk," "Company," "we," "us," or "our").

By accessing our website, creating an account, contacting us, requesting a demonstration or call-back, entering into an agreement with us, or using the Platform or our services, you acknowledge and agree to these Terms. If you do not agree to these Terms, do not use our website, the Platform, or our services.

1. About SharkTalk

SharkTalk provides a multi-tenant AI voice platform that allows businesses and agencies to deploy AI-powered telephone agents that can answer and place calls, understand callers, collect information, qualify leads, schedule appointments, transfer calls, and interact with connected third-party systems according to workflows configured by the customer.

Prospective customers may contact SharkTalk by emailing info@sharktalk.ai, by submitting the call-back form on our website, or by other contact methods made available by the Company.

2. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Platform or our services.

If you act on behalf of a company, organization, agency, or other entity, you represent and warrant that you have authority to bind that entity. In such circumstances, "you" includes both you and the entity you represent.

3. Accounts, Roles, and Multi-Tenant Use

Access to the Platform requires an account. You are responsible for maintaining the confidentiality of your credentials, for all activity under your account, and for the users you invite. You must notify us promptly at info@sharktalk.ai of any unauthorized use.

The Platform supports role-based permissions (for example, platform administrator, agency administrator, business administrator, manager, and viewer). Permissions are enforced on SharkTalk's servers. You may not attempt to access accounts, businesses, agents, call data, or settings outside the scope assigned to your role.

Agencies and partners. If you manage one or more businesses on the Platform on behalf of your own clients, you are responsible for those businesses' use of the Platform, for obtaining all necessary authority and consent from those clients, and for ensuring their compliance with these Terms and applicable law.

4. Services

The precise nature of a service, including its scope, deliverables, schedule, price, payment terms, customer responsibilities, limitations, and acceptance criteria, may be described in a proposal, order form, plan description, statement of work, or separate written agreement.

Information on the website is general and does not constitute a binding proposal or guarantee that any particular service, feature, integration, language, or voice will be available. Features described as "coming soon," "beta," or "planned" may change or be withdrawn.

If a separately signed agreement conflicts with these Terms, the signed agreement will control regarding the specific conflict.

5. Inquiries and Demonstrations

Submitting an email, contact request, telephone inquiry, or call-back request does not create a customer relationship or require SharkTalk to provide services. A business relationship is formed only when the parties enter into an applicable written agreement, you activate a paid plan, or SharkTalk otherwise confirms acceptance in writing.

You agree that information provided in an inquiry will be accurate and will not violate another person's rights.

6. Your Responsibilities as a Business Customer

Because AI voice agents act on your instructions and speak with your callers, you are responsible for:

• Configuring agents accurately and lawfully, including greetings, instructions, FAQs, pricing, and transfer rules;
• Reviewing agent behavior and call outcomes and correcting configurations as needed;
• Providing any disclosure to callers that applicable law requires, including notice that they are speaking with an AI system where required;
• Obtaining all legally required consent for call recording and transcription, including under federal and state wiretap and "two-party" or "all-party" consent laws, before enabling recording;
• Complying with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, state telemarketing laws, Do-Not-Call requirements, and all other laws that apply to inbound and outbound calling and texting;
• Using outbound calling or messaging features only with prior express consent from recipients where required by law;
• Obtaining required rights and consents for any data, scripts, recordings, or content you upload;
• Complying with the rules of any third-party platform you connect (for example, CRM, calendar, or telephony providers) and with carrier and messaging-industry requirements;
• Protecting passwords, API keys, and integration credentials;
• Complying with industry-specific regulations that apply to your business (for example, HIPAA for covered healthcare providers); and
• Paying agreed fees.

SharkTalk does not provide legal advice regarding your configuration or calling practices.

7. No Professional or Guaranteed Advice

Unless expressly stated in a signed agreement, information provided on the website, by our team, or by an AI voice agent is general business information and does not constitute legal, tax, accounting, medical, or other regulated professional advice. You should consult qualified advisers regarding matters requiring professional advice.

8. AI Limitations and No Guarantee of Results

AI voice agents are automated systems that may misunderstand callers, make errors, or produce inaccurate, incomplete, or unexpected responses. You acknowledge that AI output should be reviewed and that the Platform is a tool to assist, not replace, your judgment.

Unless expressly guaranteed in a signed written agreement, SharkTalk does not guarantee:

• Revenue, profit, sales, leads, bookings, or conversion rates;
• That every call will be answered, completed, recorded, transferred, or logged;
• Accuracy of transcripts, summaries, or AI-generated information;
• Approval by a third-party platform, carrier, or regulator;
• Message or call delivery rates;
• Continuous availability of third-party systems; or
• Any particular business, technological, or commercial result.

Results may depend on your configuration, call volume, market conditions, caller behavior, third-party platforms, carrier networks, technical limitations, legal requirements, and other matters beyond our control.

9. Acceptable Use

You may not use our website, the Platform, or our services to:

• Violate any law or regulation;
• Make calls or send messages without legally sufficient consent;
• Place robocalls, spam, or unlawful unsolicited communications;
• Spoof caller ID or misrepresent your identity, affiliation, products, or services;
• Configure an AI agent to deceive callers about material facts, to claim to be a specific real person, or to deny being an AI when directly asked where disclosure is required;
• Collect sensitive personal information (for example, Social Security numbers, full payment-card numbers, or health information) unless you are legally permitted to do so and have configured appropriate safeguards;
• Engage in fraud, threats, harassment, or abusive conduct;
• Infringe intellectual-property, privacy, publicity, or other rights;
• Distribute malware or harmful code;
• Interfere with, probe, or attempt unauthorized access to the Platform or other customers' data;
• Reverse engineer, scrape, or extract the Platform's models, prompts, or source code, except where permitted by law;
• Resell or white-label the Platform except under a plan or agreement that expressly permits it;
• Promote unlawful goods, services, or conduct; or
• Create unreasonable legal, operational, reputational, security, or carrier-compliance risk.

We may suspend or terminate accounts or agents associated with suspected prohibited conduct, including at the request of a carrier or telephony provider.

10. Fees, Billing, and Payment

Fees will be stated in an applicable proposal, order form, plan description, statement of work, dashboard, or separate agreement. Unless otherwise stated:

• Fees are quoted in U.S. dollars;
• Platform fees are billed in advance for each billing period, and usage-based fees (for example, call minutes, telephone numbers, and messages) are billed in arrears or deducted from a prepaid balance;
• Payment is due by the date stated on the applicable invoice or is charged automatically to the payment method on file;
• Fees do not include applicable taxes, and you are responsible for applicable sales, use, excise, telecommunications, withholding, or similar taxes, except taxes based on SharkTalk's net income;
• We may suspend services for overdue balances; and
• You may be responsible for reasonable collection costs where permitted by law.

If you provide a payment method, you authorize SharkTalk and its payment processor to charge amounts you have approved, including recurring subscription fees and usage fees.

11. Subscriptions and Trials

Subscriptions renew automatically at the end of each billing interval until cancelled. You may cancel at any time from your account settings or by emailing info@sharktalk.ai. Cancellation prevents future renewal and does not automatically entitle you to a refund for a current or prior billing period.

Free trials, if offered, convert to a paid plan at the end of the trial period unless cancelled before the trial ends. SharkTalk may limit trial features, minutes, or telephone numbers.

12. Refunds

Unless otherwise provided in a signed agreement or required by applicable law: fees for completed services are non-refundable; setup, onboarding, number-provisioning, registration, and custom-work fees are non-refundable after work begins; usage fees, carrier fees, and pass-through costs are non-refundable; subscription fees are not prorated for partially used billing periods; and refund requests must be submitted to info@sharktalk.ai. Nothing in this section eliminates a non-waivable right under applicable law.

13. Telephone Numbers

Telephone numbers provisioned through the Platform are provided by third-party carriers and remain subject to carrier terms and regulatory requirements. Numbers may require registration (for example, A2P 10DLC or voice-integrity registration) before use. You are responsible for providing accurate registration information. Numbers may be released if your account is cancelled, suspended, or unpaid. Porting numbers in or out is subject to carrier procedures and may take time.

14. Third-Party Services and Integrations

The Platform depends on and integrates with third-party platforms, including cloud hosting, telecommunications carriers, speech-recognition and text-to-speech providers, large-language-model providers, messaging platforms, payment processors, customer relationship management systems, calendars, and other software or infrastructure providers.

Third-party services are governed by their own terms, policies, pricing, and technical limitations. SharkTalk is not responsible for third-party outages; changes in functionality or pricing; account suspensions; data loss; API restrictions; carrier filtering; call or message blocking or non-delivery; rejected registrations; security incidents caused by third parties; or other third-party acts or omissions. Assistance with a third-party platform does not guarantee approval or continued availability.

When you connect a third-party system, you authorize SharkTalk to transmit information to and from that system as required to perform the integration.

15. Electronic Communications

By contacting SharkTalk or creating an account, you agree that we may respond through the contact method you use or provide, including email or telephone. We may communicate with you concerning your inquiry, demonstrations, proposals, services, appointments, accounts, transactions, support, security, legal notices, and policy updates. Marketing communications will be sent only as permitted by applicable law and after obtaining any required consent.

16. SMS and MMS Program Terms

16.1 Program Description

When a person expressly opts in, SharkTalk may send SMS or MMS communications concerning responses to business inquiries, demo and consultation scheduling, appointment confirmations and reminders, onboarding assistance, account and billing updates, security alerts and verification codes, customer support, service-related follow-up, and other communications disclosed at the time of opt-in.

16.2 Methods of Consent

A recipient may opt in by selecting the optional, unchecked SMS consent checkbox on the SharkTalk website contact or call-back form; providing express verbal consent during a telephone call with an authorized SharkTalk representative; enabling SMS notifications within Platform account settings; initiating a text-message conversation and requesting a response; or providing documented consent through another clearly disclosed process.

Consent applies specifically to messages sent by SharkTalk for the purposes disclosed at the time of consent. Consent is not transferable to another business.

16.3 Voluntary Consent

Consent to receive text messages is voluntary and is not a condition of purchasing goods or services. On our website forms, SMS consent is presented separately and is not bundled with required acceptance of general terms.

16.4 Message Frequency

Message frequency varies depending on inquiries, appointments, requests, account activity, and interactions with SharkTalk.

16.5 Message and Data Rates

Message and data rates may apply according to the recipient's wireless plan. SharkTalk is not responsible for fees charged by a mobile carrier.

16.6 Opt-Out

A recipient may opt out at any time by replying STOP. After receiving STOP, SharkTalk may send one final confirmation message stating that the recipient has been unsubscribed. No further messages will be sent through the applicable messaging program unless the person provides new consent.

16.7 Help

Recipients may reply HELP or email info@sharktalk.ai.

16.8 Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages. Message delivery depends on carrier networks, device compatibility, service availability, and other factors outside SharkTalk's control and is not guaranteed.

16.9 Mobile Privacy

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared, sold, rented, or transferred to third parties, affiliates, lead generators, or data brokers for their independent marketing or promotional purposes. SharkTalk may use telecommunications and technology vendors solely to operate the messaging program on its behalf.

16.10 Messages Sent by Business Customers

Business Customers that use the Platform to send messages to their own callers are the sender of those messages and are solely responsible for obtaining consent, honoring opt-outs, and complying with applicable law and carrier requirements.

16.11 Program Changes

SharkTalk may modify or discontinue a messaging program, subject to applicable law. Material changes may be communicated by text message, email, website notice, or another reasonable method.

17. Website Content and Intellectual Property

The website, the Platform, and their content, including text, graphics, logos, the Sharky mascot and character, designs, software, models, prompts, images, trademarks, and other materials, are owned by SharkTalk or its licensors and are protected by applicable intellectual-property laws.

Subject to these Terms, SharkTalk grants you a limited, revocable, non-exclusive, and non-transferable right to access the website and to use the Platform for your internal business purposes under your plan. You may not, without prior written permission: republish substantial website content; copy, modify, or create derivative works of the Platform; sell or sublicense Platform access except as expressly permitted under a white-label or agency plan; remove proprietary notices; reverse engineer software, except where prohibited by law; misuse SharkTalk's name, trademarks, or the Sharky character; or imply an unauthorized endorsement or affiliation.

18. White-Label and Resale

Plans that expressly include white-label rights permit you to present the Platform to your own clients under your brand, subject to these Terms and any separate partner agreement. You remain responsible to SharkTalk for your clients' use of the Platform, for your own pricing, billing, and support of your clients, and for ensuring that your clients receive privacy and SMS disclosures that comply with applicable law. You may not represent that SharkTalk endorses your services or that you are SharkTalk.

19. Customer Materials and Call Data

"Customer Materials" means information, documents, content, scripts, instructions, logos, credentials, images, data, and other materials provided by a customer, and "Call Data" means recordings, transcripts, summaries, caller information, and outcomes generated by AI voice agents on a customer's behalf.

Customers retain ownership of their Customer Materials and Call Data. You grant SharkTalk a limited license to use, host, reproduce, transmit, display, process, and modify Customer Materials and Call Data as reasonably necessary to provide the services, to maintain security, to comply with law, and, in aggregated or de-identified form, to improve the Platform.

You represent and warrant that you own or have permission to use Customer Materials; that they do not violate applicable law; that they do not infringe third-party rights; and that you have obtained necessary permissions and consents, including for call recording.

20. Confidentiality

Each party may receive non-public information that is identified as confidential or that reasonably should be understood as confidential. The receiving party will use confidential information only for the applicable business relationship, apply reasonable protective measures, limit access to persons with a legitimate need to know, and not disclose confidential information except as authorized or legally required. Confidential information does not include information that becomes public without breach, was already lawfully known, is lawfully received from a third party, is independently developed, or must be disclosed by law.

21. Privacy

Our collection and use of personal information are described in our Privacy Policy at https://sharktalk.ai/privacy-policy, which is incorporated into these Terms by reference.

22. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, THE PLATFORM, AI VOICE AGENTS, AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SHARKTALK DISCLAIMS EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE PLATFORM WILL ALWAYS BE AVAILABLE; THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT AI OUTPUT WILL BE ACCURATE OR APPROPRIATE; THAT ALL DEFECTS WILL BE CORRECTED; THAT DATA WILL NEVER BE LOST; THAT CALLS OR MESSAGES WILL ALWAYS BE CONNECTED OR DELIVERED; THAT THIRD-PARTY SERVICES WILL REMAIN AVAILABLE; OR THAT USE OF THE SERVICES WILL PRODUCE A PARTICULAR RESULT.

Some jurisdictions do not permit certain exclusions, so portions of this section may not apply.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHARKTALK AND ITS MEMBERS, MANAGERS, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, USE, OR DATA, OR FOR CLAIMS, FINES, OR PENALTIES ARISING FROM A CUSTOMER'S CALLING, RECORDING, OR MESSAGING PRACTICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHARKTALK'S TOTAL AGGREGATE LIABILITY ARISING FROM THE WEBSITE, THE PLATFORM, THE SERVICES, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID DIRECTLY TO SHARKTALK FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100), IF NO PAYMENT WAS MADE FOR THE APPLICABLE SERVICE.

Nothing in these Terms excludes liability that cannot legally be excluded.

24. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless SharkTalk and its members, managers, owners, officers, employees, contractors, affiliates, and agents from claims, losses, damages, liabilities, penalties, judgments, costs, and reasonable attorneys' fees arising from: your violation of these Terms or of law; your Customer Materials or agent configurations; calls, recordings, or messages made or sent at your direction or through your account; your failure to obtain legally required consent or to provide legally required disclosures; your infringement of another party's rights; your misuse of the Platform; or your business practices, products, or services.

25. Suspension and Termination

SharkTalk may suspend or terminate accounts, agents, numbers, or services when these Terms are violated; payment is overdue; conduct creates legal, security, reputational, carrier-compliance, or operational risk; a third-party provider or carrier requires suspension; fraud, abuse, or unlawful activity is suspected; or continued service would violate law or contractual obligations.

You may terminate your account at any time. Termination does not eliminate payment obligations already incurred. Following termination, we will make Call Data available for export for a reasonable period as described in your plan or agreement, after which it may be deleted. Provisions that by their nature should survive termination will remain effective, including payment, confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, and dispute-resolution provisions.

26. Governing Law

These Terms are governed by the laws of the State of [STATE OF FORMATION], United States, without regard to conflict-of-law principles.

27. Informal Dispute Resolution

Before initiating formal legal proceedings, the parties agree to attempt in good faith to resolve a dispute through written notice and reasonable informal discussions for at least 30 days. A dispute notice should include the complaining party's name and contact information, a description of the dispute, relevant supporting information, and the requested resolution. Notices to SharkTalk should be sent to info@sharktalk.ai.

28. Venue

Unless a written agreement provides otherwise or applicable law requires a different forum, judicial proceedings arising out of these Terms or the services will be brought in the state or federal courts with jurisdiction over [COUNTY], [STATE]. Each party consents to personal jurisdiction and venue in those courts.

29. Electronic Communications and Signatures

You consent to receive contracts, invoices, notices, disclosures, and other records electronically where permitted by law. Electronic acceptance, typed names, click-through acceptance, and electronic signatures may have the same legal effect as handwritten signatures.

30. Force Majeure

SharkTalk will not be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, fire or flood, war or terrorism, labor disputes, epidemics, government action, utility failures, internet outages, cyberattacks, telecommunications or carrier failures, and failures of third-party platforms or AI providers. This section does not excuse payment for services already provided.

31. Changes to These Terms

SharkTalk may update these Terms periodically. Updated Terms become effective when posted unless a later effective date is stated. The "Last Updated" date will be revised when changes are made. Changes will not retroactively alter a separately signed agreement unless permitted by that agreement or agreed by the parties.

32. Assignment

You may not assign or transfer these Terms without prior written consent from SharkTalk. SharkTalk may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or transfer of its business, subject to applicable law.

33. Severability and Waiver

If a provision is determined to be invalid or unenforceable, it will be enforced to the greatest extent permitted, and the remaining provisions will remain effective. Failure to enforce a provision does not waive the right to enforce it later. A waiver is effective only if provided in writing by an authorized representative.

34. Entire Agreement

These Terms, the Privacy Policy, and any applicable signed proposal, order form, plan description, statement of work, partner agreement, or other agreement constitute the entire agreement concerning their subject matter.

35. Contact Information