Welcome to TeleWizard, a product offered by NextGen AI Tech, LLC, on the website telewizard.ai (the “Site”). These Terms of Service (“Terms”) govern your access to and use of the Site, TeleWizard’s software, AI agents, messaging features, telephony features, integrations, APIs, beta features, and related services (collectively, the “Services”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE TO THESE TERMS. THESE TERMS INCLUDE A BINDING, INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 18, UNLESS YOU VALIDLY OPT OUT AS PROVIDED BELOW.
If you are entering into these Terms on behalf of a company, organization, or other legal entity (an “Entity”), you represent and warrant that you have authority to bind that Entity to these Terms. In that case, “you” and “your” refer to that Entity. If you do not have such authority, or if you do not agree to these Terms, you must not access or use the Site or Services.
By accessing or using the Site or Services, you agree to be bound by these Terms and any applicable order form, proposal, quote, statement of work, implementation plan, or other written agreement between you and NextGen AI Tech, LLC. If there is a conflict between these Terms and a signed written agreement, the signed written agreement will control to the extent of the conflict.
We may update these Terms from time to time. Any non-material changes will become effective when posted. Any material changes will become effective upon posting or other notice to you, unless a later date is stated. Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the updated Terms.
TeleWizard provides AI-powered communication and workflow automation services, which may include phone answering, call routing, appointment scheduling, messaging, chat, email-related workflows, CRM or calendar integrations, knowledge-based responses, and other automation features. You may use the Services only for lawful business purposes and only in accordance with these Terms.
You are responsible for all activity occurring under your account, for maintaining the security of your login credentials, and for ensuring that your users, employees, contractors, and agents comply with these Terms. You must promptly notify us of any unauthorized access to or use of your account.
You may not use the Services in any manner that is unlawful, deceptive, abusive, fraudulent, infringing, defamatory, threatening, harassing, or that interferes with or disrupts the Services, our systems, our providers, or other users.
Access to the Services may be offered on a subscription, usage-based, custom quote, pilot, trial, or other commercial basis. Unless otherwise stated in a signed written agreement, subscription fees are billed in advance on a recurring basis, and your subscription will automatically renew for successive billing periods until canceled.
You authorize TeleWizard to charge your payment method for all applicable subscription fees, setup fees, purchased credits, taxes, overages, and other amounts due under your account. If payment cannot be completed, we may suspend or limit access to the Services until payment is successfully processed.
Unless otherwise expressly stated, fees do not include applicable taxes, duties, levies, or similar governmental assessments. You are responsible for all applicable taxes other than taxes based on our net income.
We may change our pricing, packaging, or credit allocations from time to time on a prospective basis. Any pricing changes will not affect the then-current committed term in a signed written agreement unless that agreement allows such changes.
The Services may be priced or consumed using credits. Credits are usage units only. Credits are not money, are not banked funds, are not redeemable for cash, and have no cash value.
Any setup fees, onboarding fees, implementation fees, customization fees, or similar one-time fees are non-refundable unless TeleWizard expressly agrees otherwise in writing.
TeleWizard may offer trial, pilot, beta, preview, early access, or experimental features (“Beta Services”). Beta Services are provided “AS IS” and “AS AVAILABLE,” may be modified or discontinued at any time, and may be subject to additional terms. TeleWizard makes no commitment to make any Beta Services generally available.
You are solely responsible for how you configure and use the Services, for the content and instructions you provide to the Services, and for ensuring that your use of the Services complies with all applicable laws, regulations, industry rules, and contractual obligations.
You are solely responsible for obtaining and maintaining all notices, consents, and permissions required for your use of AI, telephone calls, call recording, voicemail, text messaging, email messaging, data processing, customer outreach, and any integrations you enable through the Services.
You are responsible for the accuracy, legality, quality, and rights to use of Customer Data and for determining whether the Services are appropriate for your specific use case, including any regulated, legal, medical, financial, or consumer-facing context.
TeleWizard does not provide legal advice, and your use of the Services does not relieve you of your own compliance responsibilities.
By providing a mobile phone number to TeleWizard and requesting, enabling, or using account verification, login authentication, password reset, or other security-related features, you consent to receive transactional text messages from TeleWizard, including one-time passwords, verification codes, security alerts, and other account-related service messages.
Message frequency varies depending on your account activity and the security actions you request. Message and data rates may apply. For assistance, reply HELP. To stop receiving text messages, reply STOP. Carriers are not liable for delayed or undelivered messages.
If you opt out of receiving transactional security messages, some features of the Services may not be available or may not function properly. You acknowledge that TeleWizard may retain records of your messaging consent and opt-out status as required by applicable law, carrier rules, or service provider requirements.
You agree not to use TeleWizard’s messaging features for unsolicited, unlawful, misleading, deceptive, or prohibited campaigns. You are solely responsible for obtaining any required consent from message recipients where your use case extends beyond TeleWizard’s own account-security or service-related messages.
As between you and TeleWizard, you retain all right, title, and interest in the data, content, files, prompts, recordings, messages, instructions, and other materials you submit to or process through the Services (“Customer Data”).
You grant TeleWizard a limited, non-exclusive, worldwide license to host, store, reproduce, transmit, display, modify, and otherwise process Customer Data solely as necessary to provide, maintain, support, secure, improve, and comply with law in connection with the Services.
This license ends when your Customer Data is deleted from the Services, except to the extent retention is required for backups, security, fraud prevention, legal compliance, dispute resolution, or internal aggregated and de-identified analytics.
You acknowledge and agree that TeleWizard and its authorized personnel, contractors, and subprocessors may access, review, monitor, analyze, and use Customer Data, including calls, call logs, recordings, transcripts, summaries, notes, messages, audit trails, and related metadata, as reasonably necessary to provide, operate, maintain, support, troubleshoot, secure, enforce, improve, and comply with law in connection with the Services.
The Services may interoperate with or depend on third-party providers, including telecommunications carriers, messaging providers, transcription providers, AI model providers, CRM platforms, scheduling systems, payment tools, and other integrations. TeleWizard does not control and is not responsible for third-party systems, services, delays, outages, pricing, policy changes, or acts or omissions.
Your use of third-party services may be subject to separate third-party terms and privacy policies. If a third-party provider changes or discontinues an integration or imposes new requirements, TeleWizard may modify or discontinue related functionality without liability.
Where third-party subprocessors are contractually permitted to retain or use limited service data for support, troubleshooting, abuse prevention, or model improvement, such processing will be governed by their applicable terms and our agreements with those providers. Where opt-out, zero-retention, or similar controls are available and enabled, processing will be limited accordingly.
TeleWizard is committed to maintaining high ethical standards and legal compliance. We do not provide Services to, or permit use of the Services for, prohibited industries or prohibited use cases, which may include:
In addition, you may not use the Services for any illegal, deceptive, fraudulent, abusive, infringing, or otherwise prohibited activity. TeleWizard may determine, in its sole discretion, whether a business, industry, or use case is prohibited or presents unacceptable legal, compliance, reputational, security, or operational risk.
Each party may receive non-public information from the other party that is designated as confidential or that reasonably should be understood to be confidential (“Confidential Information”). Each party agrees to use the other party’s Confidential Information only as necessary to exercise its rights and perform its obligations under these Terms and to protect it using reasonable care no less than the care it uses to protect its own similar confidential information.
Confidential Information does not include information that is or becomes public without breach, was already lawfully known, is independently developed without use of the other party’s Confidential Information, or is lawfully received from a third party without duty of confidentiality.
If you provide feedback, suggestions, recommendations, or ideas about the Services (“Feedback”), you grant TeleWizard a worldwide, perpetual, irrevocable, royalty-free right to use, modify, and incorporate that Feedback without restriction or obligation to you.
Please do not submit unsolicited inventions, product ideas, creative concepts, or other confidential proposals. If you nevertheless submit them, they will be treated as non-confidential and non-proprietary to the maximum extent permitted by law.
The Site, Services, software, workflows, prompts, features, branding, logos, designs, text, graphics, and other TeleWizard materials are owned by or licensed to NextGen AI Tech, LLC and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
You may not copy, modify, distribute, sell, sublicense, reverse engineer, decompile, create derivative works from, or otherwise exploit the Site or Services except as expressly permitted in writing by TeleWizard or as allowed by applicable law that cannot be waived.
You may cancel your subscription in accordance with the cancellation method made available by TeleWizard or by written notice to TeleWizard. Unless otherwise stated in a signed written agreement, cancellation will stop future renewal charges only and will not entitle you to any refund of amounts already paid.
TeleWizard may suspend, restrict, or terminate your access to the Site or Services, in whole or in part, immediately, with or without prior notice, if: (a) you violate these Terms; (b) payment is overdue or fails; (c) your use is unlawful, fraudulent, deceptive, abusive, or prohibited; (d) your use creates risk to TeleWizard, its providers, or others; or (e) TeleWizard is required to do so by law, regulation, carrier rules, platform rules, or service provider requirements.
Upon suspension, cancellation, or termination, your right to use the Services ends immediately except to the extent TeleWizard expressly allows limited access. No fees, setup fees, Plan Credits, or Additional Credits will be refunded, and all unused credits will be forfeited, except where required by applicable law.
You agree to defend, indemnify, and hold harmless NextGen AI Tech, LLC, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site or Services; (b) your Customer Data; (c) your violation of these Terms; or (d) your violation of applicable law or the rights of any third party.
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXTGEN AI TECH, LLC AND ITS AFFILIATES, LICENSORS, PROVIDERS, AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TELEWIZARD USES AUTOMATION AND AI-BASED TECHNOLOGIES THAT MAY PRODUCE INCORRECT, INCOMPLETE, DELAYED, OR UNEXPECTED RESULTS. YOU ARE RESPONSIBLE FOR REVIEWING AND VALIDATING OUTPUTS, CONFIGURATIONS, AUTOMATIONS, AND COMMUNICATION FLOWS USED IN YOUR BUSINESS.
THE SERVICES ARE NOT A REPLACEMENT FOR EMERGENCY SERVICES, PROFESSIONAL LEGAL ADVICE, MEDICAL ADVICE, FINANCIAL ADVICE, OR OTHER LICENSED PROFESSIONAL JUDGMENT, AND MUST NOT BE USED WHERE FAILURE OR DELAY COULD REASONABLY RESULT IN DEATH, PERSONAL INJURY, OR SIGNIFICANT PROPERTY OR FINANCIAL DAMAGE.
Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you. In such cases, the disclaimers will apply to the maximum extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NEXTGEN AI TECH, LLC OR ITS AFFILIATES, LICENSORS, PROVIDERS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, OR COST OF COVER, ARISING OUT OF OR RELATED TO THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TELEWIZARD’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO TELEWIZARD DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The foregoing limitations apply regardless of the form of action and even if any limited remedy fails of its essential purpose, except to the extent liability cannot be limited or excluded under applicable law.
You and NextGen AI Tech, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration on an individual basis, except that either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or equitable relief in court for misuse of intellectual property, unauthorized access, or other claims for which arbitration is not legally available.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable rules. The seat of arbitration will be Delaware, unless the parties agree otherwise. You and TeleWizard waive any right to a jury trial and waive any right to participate in a class action, class arbitration, representative action, or private attorney general action.
You may opt out of this arbitration agreement by sending written notice of your decision to opt out within thirty (30) days of first accepting these Terms. Your opt-out notice must clearly state your name, account information, and your intent to opt out of arbitration.
These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of Delaware, without regard to its conflict of laws rules.
To the extent any dispute is not subject to arbitration, the parties agree that the state and federal courts located in Delaware will have exclusive jurisdiction, and each party submits to the personal jurisdiction of those courts.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
TeleWizard may assign these Terms, in whole or in part, without notice to you. You may not assign or transfer these Terms or any rights under them without our prior written consent. Failure to enforce any provision of these Terms is not a waiver of that provision.
TeleWizard will not be liable for any failure or delay caused by events beyond its reasonable control, including failures of telecommunications providers, internet service providers, hosting providers, AI or infrastructure providers, labor disputes, natural disasters, war, terrorism, epidemics, governmental actions, or power or network failures.
The Site and Services are intended only for persons who are at least the age of majority in their jurisdiction and in any case not under eighteen (18) years old. The English language version of these Terms will control in the event of any conflict with a translated version, except where prohibited by applicable law.
These Terms constitute the entire agreement between you and TeleWizard regarding the Site and Services except to the extent supplemented or superseded by a signed written agreement.
If you have any comments or questions regarding these Terms, please contact:
NextGen AI Tech, LLC
ATTN: Legal Department
2261 Market Street STE 10059
San Francisco, CA 94114
Email: admin-at-telewizard.ai