Terms and Conditions

Effective April 2, 2026

These Terms and Conditions (“Terms”) govern your use of Phonegentic software, websites, and related materials (together, the “Services”). By using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

Acceptable use

You agree to use our application only for lawful purposes and in compliance with all applicable laws and regulations. You must not use the Services to harass, abuse, threaten, or defame others, or to engage in deceptive, fraudulent, or misleading practices.

We do not permit use of the Services by scammers, spammers, or others who intend to cause harm or misuse telecommunications. Phonegentic is intended as a tool for productivity and legitimate business use.

What the Services are not for. The Services power a user's own personal phone assistant — not mass or unsolicited outreach. You must not use them for telemarketing, autodialing, robocalling, spam, or bulk or unsolicited outbound calling or messaging campaigns. Any outbound call is user-initiated — placed at your explicit direction — and the Services must not be used for automated cold-calling. The Services are not a telephone carrier or a replacement for one, and must not be relied upon for emergency communications; do not use them to contact 911 or other emergency services. They are a convenience assistant and are not intended for life-safety or time-critical use.

Calls, recordings, and consent

You are solely responsible for obtaining any required consent before recording calls or using AI features in jurisdictions that require it. Where the product announces recording or AI participation, you must not disable or circumvent those notices in a way that misleads other parties.

Your account and credentials

We provide the credentials your assistant needs. When your account is set up we issue you a phone number, the calling credentials it uses, an access token for our service, and the AI capacity that powers your assistant. You do not need to bring your own phone carrier account or AI subscription, and you are not charged separately by those providers for the assistant's normal use of the Services.

Your access code. Your configuration is delivered as an encrypted file, and your access code is what unlocks it. Treat that code like a password: anyone who has it, together with your configuration file, can set up a device that acts as your assistant. Keep it private, do not post it or share it, and tell us straight away if you think someone else has it — we can issue you a new one. We cannot recover a lost access code for you, because we never store it; we keep only a one-way fingerprint that lets us check a code you present.

If you add your own keys. You may optionally connect your own AI provider key in the app's settings instead of using the capacity we provide. If you do, that key, its cost, and the provider's own terms are your responsibility, and we are not liable for charges you incur with that provider or for anything that happens under that key.

You are responsible for keeping the devices you install the app on secure, and for activity that takes place under your account or configuration. Do not share, resell, or transfer the credentials we issue you, and do not use them for any account other than your own.

Open source and third-party services

Portions of the Services may be offered under open-source licenses. We rely on third-party providers — including telephone carriers, cloud hosting, AI model providers, and our payment processor — to deliver the Services, and their availability and terms can affect what we are able to provide. Where you connect a third-party account of your own, such as your own AI provider key, your use of that service is between you and that provider and is governed by their terms.

Intellectual property

Phonegentic LLC and its licensors retain rights in the Services, branding, and documentation except as expressly licensed to you (for example, under an applicable open-source license for specific components).

Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHONEGENTIC LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100), IF YOU HAVE NOT PAID US. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify, and hold harmless Phonegentic LLC and its affiliates from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your violation of these Terms, or your violation of any law or third-party rights (including improper recording or telecommunications use).

Termination

We may suspend or terminate access to the Services if you materially breach these Terms or if required by law. You may stop using the Services at any time. Provisions that by their nature should survive will survive termination.

Closing your account

To close your account, send us a message from the phone number you used to sign up. We use that number to confirm the request is really coming from you, so a request sent from any other number cannot be actioned until we can verify it another way. You can also reach us through our Help & Support page to start the process.

When your account closes. Tell us which of these you want:

Immediately. We close the account as soon as we process your request. Your assistant stops answering, your phone number is released, and your service ends that day. Because you are giving up time you have already paid for, we do not refund the unused part of the current billing period unless the law where you live requires it.
At the end of the period you have paid for. Your subscription stops renewing, but everything keeps working until the paid period runs out. You are not charged again.

How your billing period works. Your subscription is billed monthly on the anniversary of the day you signed up, not on the first of the calendar month. If you sign up on the 15th, you are charged that day and on the 15th of each month afterwards, and each period runs from one 15th to the next. If you signed up on a day that does not exist in a shorter month — the 31st, for example — that month is billed on its last day.

Example. You sign up on 15 September, so you are billed on the 15th of each month and your current period runs from 15 October to 15 November. You ask us to close your account on 3 November:

At the end of the period you have paid for: your assistant keeps working until 15 November, the end of the period you already paid for, and you are not charged again.
Immediately: service ends on 3 November and the remaining twelve days of that period are forfeited.

Closing your account does not by itself cancel anything you bought through a third party. If you subscribed through the Apple App Store, you must also cancel through Apple, as we cannot cancel or refund an Apple subscription on your behalf.

We may also close an account ourselves for non-payment. If a payment fails, we allow a short grace period before the assistant is suspended, and an account that stays unpaid for 30 days may be permanently closed.

Your data: exporting, retention, and deletion

Backing up your data is your responsibility. Your call history, transcripts, recordings, messages, contacts, and settings live in the application, and it is up to you to export and download anything you want to keep, using the export tools in the app, before your account closes. We are not able to recover data for you once it has been deleted, and we do not keep a backup on your behalf for that purpose. If you are closing your account, export first.

How long we keep your data. Unless we are required to keep it (see below), we delete the personal data associated with your account within 30 days of your subscription ending. This includes call recordings and transcripts, message history, contacts, and the configuration of your assistant, and it applies whether the subscription ended because you closed the account or because it lapsed for non-payment. Deletion is permanent and cannot be undone.

What we may keep, and why. We retain some information for longer where the law requires it or where we need it to establish, exercise, or defend legal claims. This typically includes billing and tax records, records of payments and refunds, and records we must preserve in response to a legal hold, subpoena, or other lawful request. We keep only what is needed for those purposes, for no longer than required, and we do not use it to keep providing the Services to you.

Some records are also kept by third parties we rely on and are governed by their own retention rules — for example, your telephone carrier's logs of calls and messages, and your payment provider's transaction records. See our Privacy Policy for more on how we handle personal data, and how to make a data request.

Governing law

These Terms are governed by the laws of the State of Delaware, United States, excluding its conflict-of-law rules, unless mandatory consumer protection laws in your country of residence apply and cannot be waived. Courts in Delaware shall have exclusive jurisdiction for disputes, subject to mandatory provisions where you reside.

Changes

We may modify these Terms by posting an updated version on this page and updating the effective date. Continued use after changes constitutes acceptance of the revised Terms.

Contact

For questions about these Terms, contact us through our Help & Support page.

Apple App Store. If you obtained the app from the Apple App Store, you acknowledge that these Terms are between you and Phonegentic LLC only, not Apple. Apple has no obligation to furnish maintenance or support for the app. Apple is not responsible for the app or its content, except as required by Apple’s applicable terms. Apple is a third-party beneficiary of these Terms solely for purposes of enforcing this paragraph. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.