Terms of Service | Persistence

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of Persistence's website, Voice AI Agent platform, and related services (collectively, the "Services"), operated by Persistence ("we," "us," or "our").

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility

You must be at least the age of majority in your jurisdiction to use the Services. By using the Services, you represent that you meet this requirement and have the legal capacity to enter into these Terms.

3. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us promptly of any unauthorized use.

4. Acceptable Use

You agree not to misuse the Services, including by: (a) violating applicable law; (b) attempting to gain unauthorized access to our systems or other users' data; (c) interfering with the integrity or performance of the Services; (d) using the Services to transmit unlawful, harmful, or deceptive content; or (e) reverse engineering except where prohibited by law.

5. Intellectual Property

The Services, including software, branding, documentation, and content we provide, are owned by Persistence or our licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes.

6. Customer Data

You retain rights to content and data you submit to train or configure your agents ("Customer Data"). You grant us the rights necessary to host, process, and display Customer Data solely to provide and improve the Services, as described in our Privacy Policy.

7. Third-Party Services

The Services may integrate with third-party providers (for example, telephony, hosting, or analytics). Your use of third-party services may be subject to separate terms from those providers.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERSISTENCE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES. OUR AGGREGATE LIABILITY FOR CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR ONE HUNDRED U.S. DOLLARS (US$100).

10. Indemnity

You will defend and indemnify Persistence and its affiliates, officers, and employees against any claims, damages, losses, and expenses (including reasonable legal fees) arising from your Customer Data, your use of the Services in violation of these Terms, or your violation of applicable law.

11. Suspension and Termination

We may suspend or terminate access to the Services if you materially breach these Terms or if required for legal or security reasons. You may stop using the Services at any time. Provisions that by their nature should survive will survive termination.

12. Changes

We may modify these Terms from time to time. We will post the updated Terms on this page and update the "Last updated" date. Material changes may require additional notice where required by law. Continued use after changes constitutes acceptance.

13. Governing Law

These Terms are governed by the laws applicable in India, without regard to conflict-of-law principles, unless a different governing law is required by mandatory local law.

14. Contact

For questions about these Terms, contact us at info@persistence.dev or +91-70424 23450.