Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Telma, Inc., a Delaware corporation, 131 Continental Dr, Suite 305, Newark, DE 19713 (“Telma”, “we”, “us”). They cover the Telma website at heytelma.com, the Telma app and the AI receptionist service (together, the “Service”).

By creating an account or using the Service, you agree to these Terms. If you use the Service for a company, you confirm that you can accept these Terms on its behalf, and “you” means that company.

• The Service is for businesses, not for personal, family or household use.
• You must be at least 18 years old.
• Telma is available to businesses located in the United States and Canada. Telma is not available to businesses located in the province of Quebec.
• You may not use the Service if you are located in a country or region subject to US sanctions, or if you are on a US government list of restricted parties.

Telma gives your business an AI receptionist. With the Service, Telma can:

• answer calls to your Telma number 24/7, in English;
• answer common questions using the information you provide;
• take messages;
• transfer urgent calls to a phone number you choose;
• email you a summary after each call; and
• keep your call history, summaries and recordings in your dashboard.

Telma answers using the information you give it and AI models. You are responsible for keeping that information accurate and up to date.

You sign in with a one-time code sent to your email address. Keep access to that email secure, and tell us right away at support@heytelma.com if you think someone else has accessed your account. You are responsible for activity in your account and for giving us accurate information, including your business name, address and contact details.

Every call Telma answers starts with a short notice that the caller is speaking with an AI assistant and that the call may be recorded. You may not remove, change or hide this notice.

Calls are recorded and transcribed so Telma can create summaries and so you can review your calls. Laws about recording calls, AI disclosure and consent differ by state and province. You are responsible for making sure that your use of the Service, including your greeting and how you use call recordings and summaries, complies with the laws that apply to your business and your callers.

Telma is not an emergency service. It cannot place calls to 911 or any other emergency number, and it may not recognize an emergency. Do not rely on Telma where a missed or delayed response could lead to injury, death or damage to property. Anyone with an emergency should hang up and dial 911.

Telma is not designed to meet the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or similar laws, and we do not sign business associate agreements. Do not use the Service if you are a HIPAA covered entity or business associate, and do not use it to collect or store protected health information or other sensitive health data.

You may not use the Service to:

• break any law, including laws on telemarketing, call recording, privacy and consumer protection;
• make outbound calls, robocalls or other unsolicited communications;
• mislead callers, impersonate anyone or claim that Telma is a human;
• collect payment card numbers, government ID numbers, passwords or other sensitive information over the phone;
• make decisions with legal or similarly significant effects on people, such as hiring, credit, housing or insurance decisions;
• share content that is unlawful, harassing, hateful or infringing; or
• interfere with the Service, try to access it without permission, or copy, reverse engineer or resell it.

We may investigate and act on any use we believe breaks these rules.

While your subscription is active, we provide a local US or Canadian phone number for your business. We get numbers from telecom carriers, and we may need to change a number if a carrier or the law requires it. We will tell you if that happens.

When your subscription ends, your Telma number is released and may be given to someone else. We cannot promise that a Telma number can be moved to another provider. You can keep your own business number and forward calls to your Telma number; your phone carrier's charges for forwarding still apply.

Telma is sold as a monthly subscription. Each plan includes a number of call minutes per billing period, shown on our pricing page. Unused minutes do not carry over. You can move to a larger plan at any time.

Prices are in US dollars and include applicable taxes. Checkout may also show the price in your local currency. Subscriptions are sold through Link, by Stripe, which is the merchant of record: Link processes your payment, collects taxes and issues your receipts and invoices, and its own terms apply to the payment.

Your subscription renews automatically every month until you cancel. We may change our prices with at least 30 days' notice by email. A new price applies from your first billing period after the notice.

You can cancel at any time from your account. Your plan stays active until the end of the current billing period, and you will not be charged again. Payments are not refundable, except where the law requires a refund or where we choose to give one. Refunds are issued through Link.

You keep all rights in the information you give us and in your call data, including recordings, transcripts, summaries and messages (“Your Content”). You allow us to host, copy, process and display Your Content only as needed to provide, secure and support the Service and to meet our legal obligations.

We do not sell Your Content and we do not use it to train AI models. You confirm that you have the rights and permissions we need to process Your Content, including any notices and consents your callers need.

Our Privacy Policy explains how we handle personal information. For information about your callers, we act as your service provider and process it on your instructions.

The Service relies on third parties, such as telecom carriers, cloud and AI providers and payment providers. We are not responsible for their services, and outages or changes on their side may affect the Service.

We may change the Service from time to time. We may also update these Terms. If a change is material, we will tell you by email or in the app at least 30 days before it takes effect. If you keep using the Service after a change takes effect, you accept the updated Terms.

You can stop using the Service and cancel at any time. We may suspend or end your access if you break these Terms, if a payment fails, if your use creates a legal or security risk, or if we stop offering the Service, with notice where reasonable. When your account ends, your Telma number is released and we delete Your Content as described in our Privacy Policy. Sections 12, 17, 18 and 19 continue to apply after your account ends.

Telma uses AI, which can make mistakes. It may mishear a caller, give an incomplete answer or write an inaccurate summary. Check important details with your caller before you act on them.

The Service is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Service will be uninterrupted or error-free, or that every call will be answered.

To the fullest extent the law allows, Telma will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, customers or data, even if we were told they were possible. Our total liability for all claims about the Service is limited to the amount you paid for the Service in the 12 months before the event that led to the claim.

You will defend and indemnify Telma against third-party claims arising from Your Content, your use of the Service, or your breach of these Terms or of the law, including laws on call recording and consent.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Any dispute will be brought only in the state or federal courts located in Delaware, and you and Telma agree to their jurisdiction.

If any part of these Terms cannot be enforced, the rest stays in effect. These Terms and our Privacy Policy are the entire agreement between you and Telma about the Service.

Questions? Email support@heytelma.com or write to Telma, Inc., 131 Continental Dr, Suite 305, Newark, DE 19713.