Terms and Conditions for iSapien.ai

Last updated: May 20th, 2025

Please read these terms and conditions carefully before using Our Service.

1. Interpretation and Definitions

Interpretation
Words with capitalized initials have specific meanings defined below. These definitions apply whether they appear in singular or plural.

Definitions

• Affiliate: An entity that controls, is controlled by, or is under common control with a party.
  
  

• Country: Florida, United States
  
  

• Company: Derlatka Holdings LLC, d/b/a iSapien.ai, 790 E Broward Blvd. APT 1605 Fort Lauderdale FL 33301, referred to as "the Company," "We," "Us," or "Our."
  
  

• Device: Any device that can access the Service such as a computer, smartphone, or tablet.
  
  

• Service: Refers to the Website, AI voice agents, APIs, dashboards, telephony services, integrations, software applications, and all associated support and systems provided by the Company.
  
  

• Terms and Conditions: This agreement governing your use of the Service.
  
  

• Third-party Services: Any services or content provided by third parties that are accessible via our Service.
  
  

• Website: iSapien.ai, accessible from https://www.isapien.ai/
  
  

• You: The individual or legal entity accessing or using the Service.
  
  

2. Acknowledgment

These Terms govern the use of our Service and form a binding agreement between You and the Company. By accessing or using the Service, You agree to be bound by these Terms.

You represent that You are over the age of 18. If You do not agree with any part of the Terms, do not access the Service.

Your use is also governed by our Privacy Policy, which describes how we collect and handle personal data.

These Terms and Conditions located at https://www.isapien.ai/terms supersede and replace any prior versions or links previously shared in earlier agreements, communications, or documentation. By continuing to use the Service, You agree that this version shall govern all use of the Service, unless a separate written agreement states otherwise.

3. Use of the Service

You agree to:

• Use the Service only for lawful purposes.
  
  

• Provide accurate and up-to-date data and configurations.
  
  

• Comply with all applicable laws, including but not limited to TCPA, CAN-SPAM, GDPR, and FCC regulations.
  
  

• Not use the Service to transmit spam, fraudulent, abusive, or unlawful content.
  
  

4. AI Voice Agent Disclaimer

Our AI-powered agents operate based on user inputs and pre-programmed scripts. We do not guarantee:

• Accuracy or completeness of responses.
  
  

• Specific business results.
  
  

• That the AI will behave as expected in every scenario.
  
  

You understand the limitations of automated systems and assume responsibility for their use.

5. Customer Data & Call Recordings

By using the Service, you grant the Company permission to:

• Record, transcribe, and store calls and interactions.
  
  

• Use call data to train, monitor, and improve the Service.
  
  

• Retain and process metadata, call logs, and agent performance analytics.
  
  

All data is handled in accordance with our Privacy Policy.

6. Billing and Payments

Unless otherwise specified in a written agreement:

• All fees are due as stated in your pricing plan or quote.
  
  

• Usage-based charges are calculated and billed monthly in arrears.
  
  

• Overages, if applicable, will be charged at the agreed-upon rate.
  
  

• Accepted payment methods include major credit cards and ACH.
  
  

• No refunds will be issued unless otherwise stated in writing.
  
  

• Failure to pay invoices within seven (7) days of issue may result in service suspension or termination. A reactivation fee may apply.
  
  

You are responsible for monitoring your usage and ensuring timely payment.

7. Security and Customer Responsibilities

We implement industry-standard security protocols, including encryption in transit and at rest, strict access controls, and continuous monitoring. While we take reasonable steps to secure your data, You agree to:

• Safeguard access credentials to your account.
  
  

• Notify us immediately if You suspect unauthorized access.
  
  

• Accept full responsibility for activity under your account, whether or not authorized by You.
  
  

8. Acceptable Use

You agree not to:

• Use the Service to violate any laws or regulations.
  
  

• Send spam, engage in phishing, or place robocalls without appropriate consent.
  
  

• Use the Service to harass, defraud, or mislead others.
  
  

• Attempt to reverse engineer or tamper with the Service.
  
  

Violations may result in immediate termination of Service without refund.

9. Third-Party Services and Integrations

Our Service may integrate with third-party platforms (e.g., CRMs, calendars, call routing software). We are not liable for:

• Changes made by third-party providers
  
  

• Failures, outages, or errors in external systems
  
  

Use of such services is at your own risk and subject to their own terms.

10. Support and Maintenance

Unless otherwise specified:

• Support is available Monday–Friday 9 AM–6 PM EST via email or ticket submission.
  
  

• No uptime guarantee or SLA is provided unless stated in a written contract.
  
  

11. Number Porting and DID Management

You may request to port phone numbers to or from the Service in accordance with applicable laws. Porting requests may take several business days and may incur fees. We retain the right to reassign numbers not ported out following Service termination. You are responsible for proper usage and compliance with regulations for any Direct Inward Dialing (DID) numbers assigned.

12. Fraud and Abuse Monitoring

The Company reserves the right to monitor usage for signs of fraud, abuse, or policy violations. If such behavior is suspected, We may suspend or restrict access to the Service without notice. You remain liable for any charges incurred under your account.

13. Indemnification

You agree to indemnify and hold harmless the Company and its Affiliates from any claims, damages, liabilities, or costs arising from your:

• Violation of these Terms
  
  

• Use or misuse of the Service
  
  

• Breach of laws or third-party rights
  
  

14. Limitation of Liability

To the fullest extent permitted by law:

• Our liability is limited to the amount you paid in the past 12 months, or $100 if no payment was made.
  
  

• We are not liable for indirect, incidental, or consequential damages.
  
  

Some jurisdictions may not allow these limitations; they will apply to the maximum extent allowed.

15. "AS IS" and "AS AVAILABLE" Disclaimer

We provide the Service without warranties of any kind. We do not warrant that:

• The Service will be uninterrupted or error-free
  
  

• Results will be accurate or reliable
  
  

• The Service is secure or free from harmful components
  
  

16. Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law rules.

17. Dispute Resolution

Please contact us first to resolve any concerns. If unresolved, disputes may be subject to mediation or arbitration in Florida.

18. United States Legal Compliance

You agree you are not:

• Located in a sanctioned country
  
  

• On any U.S. government list of prohibited parties
  
  

19. Severability and Waiver

If any part of these Terms is found invalid, the remainder shall remain enforceable. Failure to enforce any provision is not a waiver of future enforcement.

20. Translation

In the event of a conflict between translated versions and the original English version, the English version shall control.

21. Changes to These Terms

We may modify these Terms at any time. We will provide at least 30 days' notice of material changes. Continued use of the Service means you accept the updated Terms.

All updates will be posted at https://www.isapien.ai/terms, which serves as the authoritative and most up-to-date version of this agreement.

22. Contact Us

If you have any questions about these Terms, please contact:

Email: info@isapien.ai

23. Usage, Billing, and Service Suspension

a. Usage Monitoring and Client Responsibility
All Service usage—including calls placed, minutes consumed, and interactions triggered via AI agents—is metered and available to You at any time via your Client Dashboard. While iSapien configures, manages, and optimizes agent workflows, You control your own traffic and are ultimately responsible for the volume and frequency of interactions initiated through the platform.

b. Usage Estimates and Deposits
Before onboarding, You agree to provide an honest estimate of your expected monthly usage. If actual usage materially exceeds this estimate, or if anticipated usage presents financial risk to the Company, We reserve the right to request a deposit, prepayment, or updated agreement terms as a condition of continued Service.

c. Monthly Billing and Payment Terms
All usage fees are billed in arrears at the end of each billing cycle unless otherwise stated. Payment is due upon receipt. Failure to pay may result in immediate service suspension or termination at our sole discretion.

d. Abnormal Usage and Overages
If Your usage is excessive, unexpected, or outside the scope of agreed expectations, including sudden surges in traffic or prolonged high-volume activity, the Company reserves the right to suspend or restrict access to the Service without prior notice. We may require prepayment or a security deposit before restoring access.

e. No Guarantee of Outcomes
You understand that iSapien does not guarantee specific outcomes from AI agent interactions or workflows. Failure to achieve business results, generate leads, or fulfill internal performance expectations does not exempt You from payment obligations for actual usage incurred.

f. Misuse and Cost Liability
The Company shall not be liable for costs arising from unintended, misconfigured, or excessive usage initiated from Your side, even if We built the workflow or agent. You are responsible for monitoring and managing usage downstream of our integration points. This includes any cost-generating interactions resulting from marketing campaigns, call volume spikes, or third-party systems triggering usage of the Service.