Terms of Service
Terms for using Qytherion AI services.
These Terms govern access to Qytherion AI products and services, including Qytherion AI, Qytherion AI Call Center, and related consulting and creative services. By creating an account, purchasing a plan, or using our platform, you agree to these Terms.
Essentials
- Effective date. These Terms are effective as of February 27, 2026.
- Auto-renewal. Paid subscriptions renew automatically unless canceled before renewal.
- Compliance required. You must follow telecom, privacy, and marketing laws when using call/text features.
- Material updates. We provide at least 14 days' notice before material changes take effect.
- Security enforcement. We may block abusive traffic and cooperate with network operators without disclosing internal security methods.
1. Agreement
Who these Terms apply to
This page is the agreement between you and Qytherion AI for platform and service usage.
Parties. "Qytherion AI," "we," "our," and "us" means Qytherion AI. "You" means the individual or legal entity using our services.
Authority. If you accept these Terms on behalf of a company, you represent that you have authority to bind that company.
Eligibility. You must be legally able to form a binding contract and, for self-serve accounts, at least 18 years old.
Sanctions and export controls. You may not use the services if prohibited by applicable sanctions, embargoes, or export-control laws.
Related policies. Your use is also governed by our Privacy Policy, Acceptable Use Policy, and Data Retention policy.
Beta features. Some features are invite-only, experimental, or "beta." Beta features may change, be limited, or be discontinued without liability.
2. Services
Scope, availability, and service changes
We provide software access, implementation, and support, and may evolve services over time.
License. During an active subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to use the services for internal business use.
No resale or sublicensing. You may not resell platform access, rent accounts, or provide white-label access unless a written enterprise agreement explicitly allows it.
Service modifications. We may improve, replace, or retire features to maintain security, reliability, and product quality.
Third-party dependencies. Certain features rely on third-party providers (for example, Twilio, OpenAI, Stripe, and cloud infrastructure). Functionality may change if third-party terms, APIs, or regional availability changes.
Agent leasing (creators and subscribers). Workspace subscribers may offer Registry agents for lease and set pricing terms in-product. Paid leases are billed as monthly subscriptions processed by Stripe. Creator payouts use Stripe Connect (Express); Stunner may retain a platform fee on each subscription. Creators are responsible for accurate agent descriptions, lawful use, and tax obligations on their earnings. Subscribers lease access to a creator's agent configuration — not ownership of Stunner platform IP. Refunds, chargebacks, and payout timing follow Stripe's policies and our billing support process. We may suspend leasing for fraud, abuse, or policy violations.
Uptime and support. We target high reliability, but uninterrupted or error-free operation is not guaranteed.
3. Account Security
Accounts, credentials, and team access
You are responsible for account security and activity from users in your workspace.
Accurate information. You must provide accurate registration and billing details and keep them current.
Credential security. Protect passwords, API keys, and tokens. Notify us immediately if you suspect unauthorized access.
Team management. You are responsible for permissions, user provisioning, and actions by employees, contractors, and invited collaborators under your account.
Suspicious activity. We may require credential rotation, additional verification, or temporary restrictions when we detect elevated security risk.
4. Communications Compliance
Call, SMS, and voice automation rules (including Twilio)
If you use telephony, messaging, or campaign features, compliance is your responsibility.
Lawful basis and consent. You must obtain and maintain legally sufficient consent before placing calls or sending messages, including where laws require prior express written consent.
Proof of consent. You must maintain auditable consent records (timestamp, source, notice language, and contact identity) and produce them upon request from carriers, providers, or regulators.
Opt-out handling. You must honor opt-out requests promptly across channels and avoid further prohibited contact after opt-out, except legally required confirmations.
Caller identification. You must provide accurate caller identity and must not spoof, misrepresent, or mask origin in a deceptive manner.
Calling windows and restrictions. You must configure and operate campaigns within applicable calling-time restrictions, do-not-call requirements, and local jurisdiction rules.
Recording and monitoring. If calls are recorded or monitored, you are responsible for all required disclosures and consents in every relevant jurisdiction.
Twilio and carrier policy flow-down. If you connect Twilio or similar providers, you agree to comply with their applicable terms, messaging policies, acceptable use rules, registration requirements, and enforcement actions.
Enforcement. We may throttle, suspend, or terminate campaign capabilities when abuse, legal risk, or provider violations are detected.
5. Acceptable Use
Prohibited conduct
Platform use must be lawful, safe, and non-abusive.
No unlawful activity. Do not use the services for fraud, harassment, impersonation, malware distribution, unauthorized surveillance, or any unlawful conduct.
No harmful outreach. Do not run campaigns that are deceptive, abusive, or intentionally evasive of spam/filtering controls.
No scraping or reverse engineering abuse. Do not attempt to bypass platform limits, extract source code, or disrupt service operations.
Policy controls. We may apply rate limits, content controls, workflow restrictions, or other safeguards to protect users, recipients, providers, and platform integrity.
Security monitoring. We use automated and manual controls to detect abuse, unauthorized access, and harmful traffic. We may block, throttle, or permanently deny access without prior notice when we reasonably believe activity threatens the platform, our users, or third parties.
No circumvention. You may not attempt to bypass, disable, or interfere with security or enforcement mechanisms. Details of our security program are confidential and are not disclosed to unauthorized parties.
6. Customer Data & AI Content
Data handling, outputs, and responsibility
You retain ownership of your data; you are responsible for use of outputs.
Your data. You retain ownership of data and content you submit. You grant us a limited right to process it solely to provide, secure, and improve services.
AI-generated output. Outputs may be incomplete or inaccurate and require human review before production use, legal use, medical use, financial decisions, or regulated communications.
Restricted data. Do not submit highly sensitive personal data unless your plan and written agreement explicitly permit that use case with required safeguards.
Retention. Data retention and deletion timelines are described in our Data Retention policy.
7. Fees, Billing, and Renewal
Commercial terms
Billing is designed to be clear and predictable.
Billing cadence. Subscriptions are billed in advance on the billing cycle shown at checkout or in your order form.
Usage-based charges. Telephony, messaging, third-party API usage, and overages may be billed in arrears based on measured consumption.
Auto-renewal. Plans renew automatically unless canceled before the renewal date.
Late payments. Past-due balances may incur fees. Unless abuse or legal obligations require otherwise, accounts transition to a standard, rate-limited free tier with preserved workspace data—not a unilateral data lockout—until billing is restored or a verified deletion request is filed.
Taxes. Fees are exclusive of applicable taxes, duties, or telecom surcharges unless stated otherwise.
Price changes. We may revise pricing with advance notice. Changes apply at the next renewal or as otherwise stated.
8. Cancellation & Termination
Ending service and offboarding
Cancellation and payment changes preserve your data by default; verified deletion is separate.
Data sovereignty. Qytherion AI does not unilaterally destroy or lock you out of your workspace data when you cancel a paid subscription or when a payment fails. Unless you submit a verified account deletion request—or we must act for abuse, legal obligation, or security—the account gracefully transitions to a standard, rate-limited free tier. Your chat history, configurations, specialist library entries, and accessible logs remain available under that free tier.
Cancellation by you. You may cancel according to your plan terms. Paid features continue through the end of the billing period; afterward the account moves to the free tier rather than losing your data.
Payment failure. Past-due paid plans downgrade to the free tier with preserved data and rate limits until billing is restored or you request verified deletion.
Termination or restriction for cause. We may suspend or restrict specific capabilities (including Qytherion AI Call Center campaigns) for abuse, legal risk, security threats, or material breach. This is distinct from routine subscription cancellation and does not delete your workspace by default.
Urgent suspension. We may immediately suspend high-risk functionality to prevent fraud, spam, unauthorized access, credential abuse, network attacks, or provider enforcement exposure.
Network abuse. Where we have reasonable evidence of malicious activity from a third-party network, we may report abuse to the responsible hosting provider or ISP and apply permanent blocks without disclosing our detection methods.
Verified deletion. Permanent erasure occurs only after a verified deletion request from an authorized account holder, subject to legal and security exceptions described in our Data Retention policy.
Export. You may export workspace data while your account is active or on the free tier, subject to technical and security constraints.
9. Intellectual Property
Platform rights and feedback
We retain platform IP; your feedback can be used to improve services.
Our IP. The platform, software, visual systems, and documentation are owned by Qytherion AI and licensors.
Your IP. You retain rights in your brands, content, campaign assets, and customer data, subject to rights needed for service delivery.
Feedback. If you provide ideas or feedback, we may use them without restriction or compensation.
10. Disclaimers
No legal advice or guaranteed outcomes
Use the platform with professional review where needed.
No legal advice. We do not provide legal advice. You are responsible for obtaining legal counsel for telemarketing, privacy, recording, consumer protection, and jurisdiction-specific compliance.
As-is services. Except where prohibited by law, services are provided "as is" and "as available" without warranties of merchantability, fitness for a particular purpose, or non-infringement.
No performance guarantee. We do not guarantee lead conversion, call answer rates, delivery success, campaign approvals, or uninterrupted availability.
11. Liability & Indemnity
Risk allocation
These clauses allocate operational and legal risk between the parties.
Indirect damages excluded. To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits/revenue/data.
Liability cap. To the maximum extent permitted by law, our aggregate liability for claims related to the services will not exceed the total fees paid by you to us for the three months preceding the event giving rise to the claim.
Your indemnity. You will defend and indemnify Qytherion AI from claims, losses, fines, penalties, or costs arising from your data, campaigns, consent practices, communications content, or legal non-compliance.
12. Governing Law
Disputes, venue, and notices
Disputes are handled under Texas law unless a written agreement states otherwise.
Governing law. These Terms are governed by the laws of the State of Texas, excluding conflict-of-law rules.
Venue. Unless otherwise required by law, disputes will be brought in state or federal courts located in Bexar County, Texas, and each party consents to personal jurisdiction there.
Injunctive relief. Either party may seek injunctive or equitable relief for misuse of intellectual property, confidential information, or platform abuse.
Notices. Legal notices must be sent to [email protected] and are deemed delivered when confirmed by receipt or by recognized courier records.
13. General
Updates, assignment, and severability
Standard contract mechanics for this online agreement.
Updates. We may update these Terms. Material changes are communicated at least 14 days before they take effect.
Continued use. Continuing to use the services after the effective date of updated Terms constitutes acceptance of the updated Terms.
Assignment. You may not assign these Terms without our prior written consent. We may assign in connection with merger, acquisition, or asset transfer.
Severability. If any term is unenforceable, the remaining provisions remain in effect.
Entire agreement. These Terms and incorporated policies form the entire agreement unless superseded by a signed order form or master services agreement.
Contact. Questions about these Terms: [email protected].
Last updated: May 19, 2026.