Terms of Service

1. Acceptance of Terms

By accessing or using TractionDesk's voice-powered AI workflow automation platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

TractionDesk is a voice-first AI platform that enables users to create and execute marketing workflows, generate content (including images, videos, and copy), manage campaigns, and automate go-to-market activities. The Service includes features such as Voice AI Agent, workflow automation, content generation using AI models, CRM integrations, and analytics capabilities.

3. Account Registration

To use certain features of the Service, you must register for an account. When you register:

• You agree to provide accurate, current, and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• You must be at least 16 years old to create an account

4. Subscription and Payments

Certain features of the Service require a paid subscription:

• Billing: You agree to pay all fees associated with your subscription plan. Fees are billed in advance on a monthly or annual basis.
• Credits: Some features operate on a credit-based system. Credits are non-refundable and expire according to your plan terms.
• Price Changes: We may change our prices with 30 days' notice. Continued use after price changes constitutes acceptance.
• Refunds: Refunds are provided at our discretion. Contact support for refund requests.
• Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Generate or distribute harmful, illegal, or misleading content
• Send spam, phishing, or unsolicited communications
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to compete with TractionDesk
• Reverse engineer or attempt to extract source code
• Generate content that violates third-party AI usage policies

6. AI-Generated Content

The Service uses artificial intelligence to generate content:

• Ownership: You retain ownership of prompts you provide. Subject to these Terms, you own the AI-generated content created through your use of the Service.
• No Guarantee: AI-generated content is provided "as is." We do not guarantee accuracy, quality, or fitness for any particular purpose.
• Review Required: You are responsible for reviewing all AI-generated content before use or publication.
• Third-Party Models: AI features are powered by third-party providers (OpenAI, Google, etc.) and are subject to their terms and policies.
• No Liability: We are not liable for any claims arising from your use of AI-generated content.

7. Intellectual Property

The Service and its original content, features, and functionality are owned by TractionDesk, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks may not be used in connection with any product or service without prior written consent.

8. User Content

You retain ownership of content you upload or create using the Service ("User Content"):

• You grant us a license to use, store, and process User Content to provide the Service
• You represent that you have the right to grant this license
• You are solely responsible for your User Content
• We may remove User Content that violates these Terms

9. Third-Party Integrations

The Service allows integration with third-party services (HubSpot, Google Analytics, X/Twitter, etc.). Your use of these integrations is subject to the respective third party's terms of service. We are not responsible for third-party services and make no warranties regarding their availability or functionality.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACTIONDESK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless TractionDesk and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Service will cease immediately. Provisions that by their nature should survive termination shall survive.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts located in Delaware.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

16. Contact Us

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