Introduction
These Terms of Service (“Terms”) govern your access to and use of the websites, applications, software, APIs, platforms, AI-powered voice technologies and related products and services provided by Persistence AI PTE. LTD., together with its subsidiaries and affiliates (“Persistence,” “we,” “us,” or “our”), including the services available through www.persistence.dev and related applications and platforms (collectively, the “Services”).
These Terms constitute a legally binding agreement between Persistence and the individual or entity accessing or using the Services (“you” or “Customer”).
By accessing or using the Services, creating an account, or otherwise indicating your acceptance of these Terms, you agree to be bound by these Terms and any policies or additional terms incorporated by reference.
If you are using the Services on behalf of a company, organization or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, and references to “you” or “Customer” will include that entity.
If you do not agree to these Terms, you must not access or use the Services.
If you have entered into a separate written agreement with Persistence governing your use of the Services, including a Master Services Agreement, Order Form or other negotiated agreement, that agreement will govern to the extent of any conflict with these Terms.
1THE SERVICES
Persistence provides an AI-powered voice technology platform that enables customers to create, configure, test, deploy and manage AI voice agents and related workflows.
Depending on the applicable Service, functionality may include voice agents, telephony capabilities, phone numbers, SIP connectivity, APIs, integrations, conversational AI, speech-to-text, text-to-speech, large language model functionality, knowledge bases, call recordings and transcripts, analytics, testing, workflow automation and other related functionality.
Persistence may add, modify, update or discontinue features of the Services from time to time.
Certain features may be subject to additional terms, usage restrictions, technical documentation, third-party terms or commercial terms.
2ELIGIBILITY AND AUTHORITY
You must be at least eighteen (18) years of age and legally capable of entering into a binding agreement to use the Services.
If you use the Services on behalf of an organization, you represent and warrant that:
(a) you are authorized to act on behalf of that organization; (b) you have authority to accept these Terms on its behalf; and (c) the organization agrees to be responsible for your use of the Services and the use of the Services by its authorized users.
3ACCOUNTS AND ACCOUNT SECURITY
Certain Services require you to create an account. You agree to provide accurate, current and complete information when creating and maintaining your account.
You are responsible for:
maintaining the confidentiality and security of your login credentials; all activities conducted through your account; ensuring that only authorized individuals access your account; maintaining appropriate security controls for your account; and promptly notifying Persistence if you become aware of unauthorized access, use or any other security incident relating to your account.
You must not share credentials in a manner that permits unauthorized access to the
Services Persistence may suspend or restrict access where we reasonably believe that an account has been compromised, is being used unlawfully, or poses a security risk to the Services or other users.
4RIGHT TO USE THE SERVICES
Subject to your compliance with these Terms and payment of applicable fees, Persistence grants you a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Services during the applicable subscription or usage period solely for your lawful internal business purposes.
Except as expressly permitted by these Terms or a separate written agreement with Persistence, you must not:
(a) copy, modify or create derivative works of the Services; (b) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, underlying models, algorithms or non-public technical components of the Services, except to the extent such restriction is prohibited by applicable law; (c) sell, sublicense, lease, rent, distribute or otherwise commercially make the Services available to a third party; (d) circumvent or attempt to circumvent any usage limits, security controls or access restrictions; (e) access the Services for the purpose of developing or training a competing product or service, except where expressly authorized by Persistence in writing; (f) scrape, crawl or use automated means to extract data or content from the Services except through APIs or functionality expressly provided for that purpose; or (g) remove or alter proprietary notices contained in the Services.
All rights not expressly granted to you are reserved by Persistence and its licensors.
5CUSTOMER CONTENT AND CUSTOMER DATA
“Customer Content” means information, data, prompts, instructions, scripts, knowledgebase materials, audio, recordings, transcripts, files, documents, text, configurations and other content submitted, uploaded, transmitted, generated or otherwise made available by or on behalf of Customer through the Services.
As between Persistence and Customer, Customer retains all right, title and interest in Customer Content, subject to the rights necessary for Persistence to provide the Services.
Customer grants Persistence and its subprocessors a non-exclusive, worldwide right to host, copy, transmit, process, display and otherwise use Customer Content solely as necessary to:
provide, operate and maintain the Services; perform Customer's instructions; provide support and troubleshoot technical issues; maintain the security and integrity of the Services; comply with applicable law; and exercise other rights expressly agreed between Persistence and Customer. Customer represents and warrants that it has all rights, permissions, notices, consents and lawful bases necessary to provide Customer Content to Persistence and to permit its processing through the Services.
Customer is responsible for the accuracy, quality, legality and appropriateness of Customer
Content and the manner in which Customer uses the Services
6VOICE CALLS, RECORDINGS AND TRANSCRIPTS
The Services may enable Customers to make or receive telephone calls, deploy AI voice agents, record calls, generate transcripts, analyze conversations or otherwise process communications.
Customer is solely responsible for determining whether and how such functionality may lawfully be used in each applicable jurisdiction.
Customer must obtain all notices, consents and permissions required by applicable laws before recording, monitoring, transcribing or otherwise processing telephone calls or communications.
This includes compliance with applicable laws relating to:
call recording and monitoring; consent to recording; telecommunications; automated or artificial voice communications; marketing and solicitation; privacy and data protection; consumer protection; and sector-specific requirements. Persistence does not represent that use of a particular feature will, by itself, make Customer's activities compliant with applicable law.
7AI-GENERATED OUTPUTS
The Services use artificial intelligence and machine-learning technologies. You acknowledge that AI-generated responses and outputs may occasionally be inaccurate, incomplete, misleading, inappropriate or otherwise unsuitable for a particular purpose.
Customer is responsible for evaluating the accuracy and suitability of outputs before relying upon them or using them for consequential purposes.
You must not rely solely on AI-generated outputs for decisions that require professional judgment or where applicable law requires human review.
Customer is responsible for configuring its AI agents, prompts, knowledge bases, workflows, integrations, escalation mechanisms and permitted actions appropriately for its intended use case.
Persistence does not warrant that AI-generated outputs will always be accurate, complete or error-free.
8HIGH-RISK AND REGULATED USES
If Customer uses the Services in healthcare, financial services, insurance, employment, education or another regulated context, Customer is responsible for determining and complying with the legal and regulatory requirements applicable to its use.
Customer must not use the Services to make decisions producing legal or similarly significant effects concerning individuals where such use is prohibited by applicable law.
Where human review, disclosure, consent or other safeguards are required by applicable law, Customer is responsible for implementing those safeguards.
9PROHIBITED USES
You must not use, or permit any person to use, the Services:
(a) in violation of applicable law or regulation; (b) to engage in fraud, deception, impersonation or unlawful misrepresentation; (c) to harass, threaten, exploit or harm any person; (d) to generate, transmit or facilitate unlawful, defamatory, obscene or otherwise illegal content; (e) to infringe or misappropriate intellectual property, privacy, publicity or other rights of any person; (f) to transmit malware, malicious code, viruses or other harmful technologies; (g) to gain or attempt to gain unauthorized access to systems, networks, accounts or data; (h) to interfere with, disrupt, overload or compromise the Services or related infrastructure; (i) to conduct denial-of-service attacks or other malicious security activity; (j) to send spam or unlawful unsolicited communications; (k) to make calls or send communications in violation of applicable telemarketing, telecommunications, consumer-protection or consent requirements; (l) to unlawfully collect, process, disclose or use Personal Data; (m) to mislead an individual regarding the identity or nature of an AI agent where disclosure is required by applicable law; (n) to use the Services for surveillance or profiling prohibited by applicable law; (o) to facilitate illegal discrimination; or (p) for any activity that creates a material security, legal or reputational risk to Persistence, the Services or other users.
Persistence may investigate suspected violations and may suspend or terminate access where reasonably necessary to protect the Services, users, third parties or Persistence.
10TELECOMMUNICATIONS AND CUSTOMER COMMUNICATIONS
Customer is responsible for ensuring that telephone numbers, caller identification information, calling campaigns, call recipients and communications initiated using the
Services comply with applicable laws Customer represents and warrants that it has all necessary rights, permissions and lawful bases to contact individuals through the Services.
Customer must not use the Services for unlawful robocalling, spoofing, spam, deceptive calling practices or communications prohibited by applicable law.
Persistence may impose reasonable limits, suspend calling functionality or take other measures where necessary to address suspected fraud, abuse, regulatory risk or telecommunications-provider requirements.
11THIRD-PARTY SERVICES AND INTEGRATIONS
The Services may allow Customer to connect with or use third-party products, applications, telecommunications providers, AI models, APIs, software and other services (“Third-Party Services”).
Your use of Third-Party Services may be subject to separate terms and privacy policies imposed by the relevant third party.
Persistence is not responsible for Third-Party Services that are not owned or controlled by
Persistence Customer authorizes Persistence to exchange Customer Content with Third-Party Services where necessary to provide an integration requested or configured by Customer.
Customer is responsible for ensuring that it has appropriate rights and authorization to connect and use Third-Party Services.
12FEES, BILLING AND PAYMENT
Certain Services may be offered on a subscription, usage-based, prepaid or other commercial basis.
You agree to pay all fees applicable to your use of the Services in accordance with the pricing, Order Form, subscription plan or other commercial terms presented to you.
Unless otherwise stated, applicable fees are exclusive of taxes Customer is responsible for applicable taxes, duties, levies or similar governmental assessments, except taxes based on Persistence's net income.
Usage-based charges may depend on factors such as call duration, telephony usage, AI/model usage, phone numbers, integrations or other consumption metrics specified by
Persistence Persistence may suspend access to paid Services where amounts remain overdue, subject to applicable law and any separately agreed commercial terms.
13FREE TRIALS, CREDITS AND BETA SERVICES
Persistence may offer free trials, promotional credits, beta functionality, preview features or other Services without charge.
Such Services may be subject to additional limitations and may be modified or discontinued at any time.
Unless otherwise expressly agreed, beta, preview, experimental or free Services are provided “as is” and without any commitment regarding availability, functionality or continued support.
14INTELLECTUAL PROPERTY
Persistence and its licensors retain all right, title and interest in and to the Services, including the software, technology, models, algorithms, APIs, interfaces, designs, documentation, trademarks, logos, text, graphics and other materials provided by Persistence (“Persistence Content”).
Except for the limited rights expressly granted under these Terms, no right, title or interest in the Services or Persistence Content is transferred to Customer.
“Persistence,” “Persistence AI,” associated logos and other product or service names used by Persistence are trademarks or proprietary identifiers of Persistence or its licensors.
You may not use Persistence's trademarks, logos or branding without prior written permission except as permitted by applicable law.
15FEEDBACK
If you provide Persistence with ideas, suggestions, recommendations or other feedback regarding the Services (“Feedback”), you grant Persistence a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate the Feedback into its products and services without restriction or compensation to you.
Feedback does not include Customer Content or Personal Data
16PRIVACY AND DATA PROTECTION
Persistence's collection and processing of Personal Data in connection with the Website and
Services is described in our Privacy Policy Where Persistence processes Personal Data on behalf of Customer, such processing may additionally be governed by a Data Processing Agreement (“DPA”) or other applicable contractual terms.
Where the parties have entered into a Business Associate Agreement (“BAA”) concerning Protected Health Information, the BAA will govern the processing of such information to the extent applicable.
Customer is responsible for ensuring that it has an appropriate lawful basis and has provided all notices and obtained all consents required for Personal Data submitted to or processed through the Services.
17SECURITY
Persistence implements reasonable administrative, technical and organizational safeguards designed to protect the security and integrity of the Services and Personal Data processed through them.
Customer is responsible for appropriately configuring its account, integrations, permissions, credentials and security settings.
No system can be guaranteed to be completely secure, and Persistence does not warrant that unauthorized third parties will never be able to defeat security measures.
18CONFIDENTIALITY
If Customer receives non-public information from Persistence that is identified as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure, Customer must use reasonable measures to protect such information and may use it only in connection with its authorized use of the Services.
Confidential information does not include information that is publicly available through no breach of an obligation, was lawfully known without restriction, is independently developed without use of confidential information, or is lawfully received from a third party without confidentiality obligations.
Where a separate NDA, MSA or other written agreement between the parties contains confidentiality provisions, those provisions will govern to the extent of any inconsistency.
19SUSPENSION AND TERMINATION
Customer may stop using the Services at any time, subject to applicable subscription, payment and contractual obligations.
Persistence may suspend or terminate Customer's access to the Services where:
Customer materially breaches these Terms; fees remain unpaid; Customer's use creates a security or legal risk; Customer engages in fraudulent, abusive or prohibited activity; suspension is required by law or a governmental authority; or continued provision of the Services could materially harm Persistence, the Services or third parties.
Where reasonably practicable, Persistence may provide notice and an opportunity to remedy the issue before suspension or termination, except where immediate action is necessary.
Upon termination, Customer's right to access the Services will cease, subject to any rights relating to retrieval or deletion of Customer Content under applicable agreements or law.
20CHANGES TO THE SERVICES
Persistence may modify, enhance or update the Services from time to time We may discontinue individual features or functionality where reasonably necessary for technical, commercial, security, legal or operational reasons.
Where a change materially reduces core functionality of a paid Service, any rights or remedies available to Customer will be governed by the applicable Order Form, subscription terms or other agreement.
21DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
PERSISTENCE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT PERSISTENCE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE OR FREE FROM HARMFUL COMPONENTS, OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE OR SUITABLE FOR CUSTOMER'S
PARTICULAR PURPOSE NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR RIGHTS THAT CANNOT LAWFULLY
BE EXCLUDED
22LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERSISTENCE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR
THESE TERMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERSISTENCE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO PERSISTENCE FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING
THE EVENT GIVING RISE TO THE LIABILITY IF CUSTOMER HAS NOT PAID PERSISTENCE FOR THE SERVICES, PERSISTENCE'S AGGREGATE LIABILITY WILL NOT EXCEED USD 100.
The foregoing limitations will apply to the maximum extent permitted by law and will not apply to liability that cannot lawfully be excluded or limited.
23INDEMNIFICATION
To the extent permitted by applicable law, Customer will defend, indemnify and hold harmless Persistence, its affiliates and their respective directors, officers, employees and agents from and against third-party claims, damages, liabilities, losses, costs and reasonable legal fees arising out of or relating to:
(a) Customer Content; (b) Customer's use of the Services in violation of these Terms or applicable law; (c) Customer's calls, communications, campaigns or interactions with end users; (d) Customer's failure to obtain required notices, permissions or consents; (e) Customer's infringement or violation of a third party's intellectual property, privacy or other rights; or (f) Customer's use of Third-Party Services or integrations.
Persistence will provide reasonable notice of a covered claim and reasonable cooperation in the defence of the claim.
24GOVERNING LAW AND DISPUTE RESOLUTION
These Terms will be governed by the laws of [Singapore / other jurisdiction to be confirmed], without regard to conflict-of-law principles.
Any dispute arising out of or relating to these Terms or the Services will be resolved [by the courts of Singapore / through arbitration – to be confirmed].
Nothing in this Section prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction where appropriate.
25EXPORT CONTROLS AND SANCTIONS
You must comply with applicable export control, economic sanctions and trade laws in connection with your use of the Services.
You represent that you are not prohibited from accessing or using the Services under applicable sanctions or export-control laws.
You must not use or make the Services available in any country, territory or manner prohibited by applicable law.
26CHANGES TO THESE TERMS
Persistence may update these Terms from time to time to reflect changes to the Services, business practices or applicable law.
When we update these Terms, we will revise the “Last Updated” date.
Where required by applicable law or where changes materially affect your rights, we will provide appropriate notice.
Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
27NOTICES
Persistence may provide notices relating to the Services electronically, including through email, account notifications or notices displayed through the Services.
You are responsible for maintaining current contact information associated with your account.
28GENERAL
Entire Agreement These Terms, together with any applicable Order Form, DPA, BAA, Privacy Policy and other terms expressly incorporated by reference, constitute the agreement governing your use of the Services, subject to any separate written agreement between you and Persistence.
Order of Precedence If there is a conflict between these Terms and a separately executed agreement between Persistence and Customer, the separately executed agreement will control with respect to the subject matter of the conflict.
Assignment You may not assign or transfer these Terms without Persistence's prior written consent.
Persistence may assign these Terms in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its relevant assets, or to an affiliate.
Waiver Failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.
Severability If any provision is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Third-Party Beneficiaries Except as expressly stated otherwise, these Terms do not create rights in any third-party beneficiary.
Force Majeure Persistence will not be liable for delay or failure to perform resulting from circumstances beyond its reasonable control, including natural disasters, acts of government, internet or telecommunications failures, labour disputes, power failures, cyberattacks, acts of war or terrorism, or failures of third-party infrastructure or service providers beyond Persistence's reasonable control.
Survival Provisions that by their nature should survive termination, including provisions concerning intellectual property, payment obligations, confidentiality, disclaimers, limitations of liability, indemnification and dispute resolution, will survive termination.
29CONTACT US
Questions regarding these Terms may be directed to:
Persistence AI PTE. LTD. Email: contact@persistence.dev Website: www.persistence.dev