Terms and Conditions

Last updated: January 29, 2025

Certain Disclaimers

Information on the Site is not guaranteed to be correct, current, or complete. The Site may contain technical inaccuracies or typographical errors.

GerardiAI is not responsible for updating the Site's information and disclaims any responsibility for the accuracy or completeness of posted information.

Subscriber should verify all information before making any decisions related to the Services.

References on the Site to third parties or links to third party services do not constitute endorsements.

GerardiAI is not responsible for the quality or delivery of products or services offered on such third-party services.

Changes to Services

GerardiAI may make improvements or changes to the Services without notice, except when adversely affecting Subscriber's rights, prompting GerardiAI to provide prior notice.

Marketing Communications

By accepting these Terms and submitting contact information through GerardiAI's website forms, Subscriber expressly consents to receive marketing and promotional communications from GerardiAI via email, SMS, voice calls, and other electronic means. This consent includes:

• Service updates and announcements
• Promotional offers and deals
• Newsletter communications
• Product updates and new feature announcements
• Customer feedback requests

Subscriber can opt-out of marketing communications at any time by following the unsubscribe instructions in any communication or contacting GerardiAI directly.

AI Technology and Voice Services

Voice Data:

• GerardiAI may record, store, and process voice data for service improvement
• Voice recordings will be stored securely and retained only as long as necessary
• Subscriber grants GerardiAI permission to use anonymized voice data for AI training

AI Models:

• GerardiAI maintains ownership of all AI models and improvements
• Training data will be anonymized before use in model development
• Subscriber-specific customizations remain Subscriber's property

Service Level Agreement:

• GerardiAI targets 99.9% uptime for voice and AI services
• Support response within 24 hours for critical issues
• Scheduled maintenance will be announced 48 hours in advance

Usage Restrictions:

• No impersonation or deepfake creation
• No automated abuse or stress testing without permission
• No use for illegal or fraudulent purposes
• Maximum concurrent sessions as specified in Subscriber's plan

Subscriber Representations and Warranties

Subscriber represents and warrants that:

• It is duly organized, validly existing and in good standing under applicable laws
• It has the right and full power and authority to enter into these Terms
• It will comply with all applicable laws and regulations in connection with its use of the Services
• Its access to and collection, use, storage, and handling of data complies with all applicable laws

No Subscriber Data:

• Infringes any intellectual property or other rights of any third party
• Contains any defamatory, libelous, offensive or harmful material
• Contains any viruses, worms or other harmful components

It has the legal right to provide any data for the purposes set forth herein

Subscriber Data

Ownership: GerardiAI acknowledges that Subscriber owns all right, title, and interest in the information, data, and content submitted through the Services ("Subscriber Data").

License: Subscriber grants GerardiAI a non-exclusive, royalty-free license to use, process, and analyze Subscriber Data for fulfilling obligations under these Terms. GerardiAI commits to using Subscriber Data in aggregate and anonymized form, refraining from using Subscriber's Confidential Information for training its platform or third-party AI models.

Retention: Usage Data notwithstanding anything to the contrary herein, Subscriber acknowledges that GerardiAI may obtain usage, technical, and statistical data regarding Subscriber's use of Services ("Usage Data"). GerardiAI, as the sole owner of Usage Data, may transfer, use and disclose it in aggregated and anonymized form, ensuring removal of personal information or any data identifying Subscriber.

Confidentiality

• Definition of Confidential Information: A party ("Receiving Party") may, while accessing the Service, acquire information of the other party ("Disclosing Party") that such Disclosing Party designates in writing as confidential or that a reasonable person would understand to be confidential ("Confidential Information").
• Treatment of Confidential Information: The Receiving Party shall not disclose Confidential Information except on a need-to-know basis to certain individuals and shall use it only for fulfilling obligations under these Terms.
• Return and Remedies: Upon request or termination, the Receiving Party shall promptly return or destroy all copies of Confidential Information. The Receiving Party acknowledges that unauthorized disclosure would cause irreparable harm, allowing the Disclosing Party to seek injunctive relief and pursue other legal remedies.

Indemnification

• Subscriber shall indemnify, defend and hold GerardiAI, its affiliates and their respective directors, officers, employees and independent contractors harmless (the "Company Indemnified Parties") from and against any and all costs, liabilities, losses and expenses, including, but not limited to, reasonable attorneys' fees resulting from or arising out of any claim, suit, action, arbitration or proceeding brought by a third party against an Company Indemnified Party relating to:
• Any breach by Subscriber of any of its representations, warranties, covenants or obligations hereunder;
• Infringement or misappropriation of any Intellectual Property Rights by Subscriber;
• Any negligence or willful misconduct of Subscriber or its representatives.

Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts. Claims, disputes, and suits must be brought exclusively in state or federal courts located in Massachusetts. Each party consents to the jurisdiction of Massachusetts courts for all matters arising from these Terms.

Limitation of Liability

• GerardiAI will not be liable to Subscriber for any incidental, indirect, consequential, special, exemplary or punitive damages of any kind (including, but not limited to, lost revenues or profits) arising from or relating to these Terms, regardless of whether GerardiAI was advised, had other reason to know, or in fact knew of the possibility thereof. This applies even if a remedy set forth herein is found to have failed of its essential purpose. GerardiAI's total liability to Subscriber under this Agreement will not exceed the total amount paid to GerardiAI by Subscriber in the twelve (12) months immediately preceding the date in which the cause of action arose. No action shall be brought by GerardiAI for any claim relating to or arising out of these Terms more than one year after the accrual of such cause of action.
• Subscriber is solely and exclusively responsible for all acts or omissions that it, its Authorized Users or others on its behalf conduct in connection with its use of the Services and Output Data, and for all consequences resulting from such activities or actions.
• GerardiAI is not responsible for any direct or indirect damages, including bodily harm or damage to property, caused as a result of Subscriber's or its Authorized Users' decision to act in one way or another based on any Output Data and any other content produced by the Services. Any reliance on any of the foregoing is at Subscriber's full and exclusive risk.

Compliance with Laws

Subscriber agrees to use the Services in accordance with all applicable laws and regulations, including but not limited to privacy laws, data protection regulations, and telecommunications laws. Subscriber bears sole responsibility for ensuring compliance with these laws and regulations.

Age Verification and Eligibility

• By accessing, registering for, or using GerardiAI's Services, you expressly warrant and represent that you are at least 18 years of age or older, and have the legal capacity to enter into these Terms and Conditions.
• GerardiAI strictly prohibits the use of its Services by individuals under the age of 18. This includes, but is not limited to:
  • Creating or attempting to create an account
  • Accessing or using any features of the Services
  • Submitting any personal information to GerardiAI
  • Engaging with any aspect of the platform or its generated content
• Account holders and Subscribers are responsible for ensuring that any authorized users accessing their account meet the minimum age requirement of 18 years.
• If GerardiAI discovers or has reason to suspect that a user is under 18 years of age, we reserve the right to:
  • Immediately terminate the user's access to the Services
  • Delete any accounts associated with the underage user
  • Remove all personal information collected from the underage user from our systems
  • Refuse any future registration attempts until proof of age is provided
• Parents or legal guardians who discover that their child has submitted personal information or created an account with GerardiAI should contact us immediately for prompt removal of the information and account termination.
• GerardiAI may implement age verification measures at any time, including but not limited to:
  • Requiring proof of age documentation
  • Implementation of age verification technology
  • Additional verification steps during registration
• Any attempt to circumvent these age restrictions or falsify age verification information constitutes a violation of these Terms and may result in immediate termination of access to the Services and potential legal action.