BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS.
THIS AGREEMENT CONTAINS BINDING CLASS ACTION AND JURY TRIALWAIVER CLAUSES IN SECTION 17 BELOW THAT ARE APPLICABLE TO YOU AND US.
These Terms of Service are an agreement between Retell AI Inc. (“Retell AI,” “we,” “our,” or “us”) and the person (natural or legal) (“you,” “your,” or “Customer”) and govern your use of the Retell AI professional and enterprise services (“Services”). Your use of the site and services is conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, including but not limited to Retell AI Inc.’s Privacy Policy (the “Privacy Policy,” and collectively with the Terms of Service, the “Terms” or the “Agreement”), as amended from time to time. If you do not agree to these Terms, you are not authorized to access or use the Services.
If you are accessing or using the Services on behalf of your company, you represent that you have the authority to accept this Agreement on behalf of it. By signing up, accessing, or using the Services, you acknowledge your acceptance of this Agreement and consent to be bound by its terms and conditions.
1.1 Cloud Service: The Retell AI Service enables you to build call operation AI agents. Our Service includes a versatile API for anyone building an AI for voice interactions, number provisioning, call handling, and a dashboard for customization and integration, such as customer service, outbound sales calls, information gathering and survey.
1.2 Professional Services: Beyond the standardtechnical support, Retell AI offers customized professional services which include personalized consultations, advanced implementation assistance, optimization strategies, and more, tailored to your specific needs. Please contact us at support@retellai.com with any questions or requests, and a member of our team will help You choose the Services and solutions that will be most suitable to meet Your needs.
2.1 Payment: The information about Service plans is posted on https://www.retellai.com/pricing. Services are charged on a monthly basis (“Subscription Period”). Upon signing up, you will provide Retell AI with a valid credit card number and billing information. You authorize Retell AI to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay the monthly charges (including without limitation all Taxes applicable to your Service charges) without requiring a signed receipt, and you agree that your acceptance of these Terms is authorization to the issuer of the credit card to pay all such amounts. All fees are non-refundable except as required by law or as otherwise expressly provided for in these Terms.
2.2 Subscription: If you wish to cancel the Service, you must delete your workspace or remove all subscription-based items (e.g., phone numbers) before the end of the current Subscription Period. Failure to do so will result in the automatic renewal of the Services for the Subscription Period, and you will be responsible for the renewal fees.
2.3 Automatic Payment: You authorize Retell AI and/or any other company acting as billing agent for Retell AI to charge your credit card for the fees for the Services, and to continue to attempt to charge and/or, if we so elect, place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full, subject to Retell AI’s rights of suspension and termination and other remedies for non-payment set forth herein. Notwithstanding the foregoing, Retell AI is under no obligation to continue attempting to charge your credit card before exercising any other remedies here under.
2.4 Credit Card on File: You will provide Retell AI with updated credit card information upon Retell AI’s request and any time the information You previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. Retell AI is not liable for any penalties or administrative fees assessed by your card issuer for insufficient funds or other charges incurred by You as a result of such attempts to charge and/or place holds on Your credit card. If you mistakenly provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
2.5 Billing: We elect to issue you an invoice, we may do so in any format as we determine from time to time. If you request an invoice or additional copies of any invoice(s), or detailed information about your usage of Services, additional charges may apply as Wwe may establish from time to time. Our decision to issue invoices shall not limit our rights hereunder to automatically charge your credit card on file on the date specified in Section 2.4.
2.6 Late Payment Fee; Grace Period: If the automatic payment method fails, you will be issued an invoice with a 14-day due date. If the invoice remains unpaid by the due date, a 7-day grace period will be provided. Retell AI reserves the right to suspend or stop Services automatically if the payment is not received within this grace period. You agree that for amounts not paid by the due date, we may charge, and you agree to pay, a late payment fee equal to the lesser of 10% of the past due amounts or the maximum allowed by law. In the event you fail to pay billed charges when due and it becomes necessary for us to refer your account(s) to a third party for collection, or we resort to any other remedy available to us to collect any amounts that you owe, you will be liable for all costs associated with our collection efforts, including without limitation, attorneys’ fees and court costs.
2.7 Service Changes: Retell AI may change the rates at any time by posting such change at https://www.retellai.com/pricing. The new rate will apply to your next billing cycle, as the case may be after the new rates have been published. Please check the latest rates before you use the applicable Service. If you do not accept the new rates, do not use the Service.
Customer is solely responsible for (i) its use of the Services, (ii) all content, data, and inputs it provides, (iii) using the Services in compliance with applicable laws and regulations, and (iv) maintaining the confidentiality of its account credentials.
Customer will not (and will not allow anyone else to) submit Prohibited Data to the Services unless expressly authorized in writing by Retell AI. "Prohibited Data" means any data that is subject to heightened security requirements under applicable law, including Protected Health Information under HIPAA, payment card data under PCI DSS, and biometric identifiers under applicable state laws. For clarity, if the parties have executed a Business Associate Agreement ("BAA"), Protected Health Information is not considered Prohibited Data and may be submitted to the Services pursuant to the terms of the BAA, which is hereby incorporated by reference. In the event of any conflict between this Agreement and the BAA regarding the handling of Protected Health Information, the BAA shall control. Without limiting the foregoing, Customer’s use of the Services for outbound telephone calls, AI-generated voice communications, automated dialing, text messaging, and call recording is subject to the additional requirements set forth in Addendum 1 (Calling, Texting, and AI-Generated Voice Compliance), which is incorporated into and forms part of this Agreement.
4.1 In General
Retell AI’s Acceptable Use Policy constitutes an integral part of these Terms and is designed to prevent fraud and abuse of the Services and facilitate compliance with applicable laws. Any use of the Services or any other action that disrupts the integrity of any Retell AI system or service and/or any vendor system or service, whether directly or indirectly, is strictly prohibited and could result in immediate termination of the Services.
You agree that you will not use the Services in ways that violate laws, infringe the rights of others, or interfere with the users or equipment of the Services. You shall use the Services only for lawful purposes. Retell AI reserves the right to immediately terminate your Services if, in our sole and absolute discretion, Retell AI determines that you have used the Services for an unlawful purpose, including, but not limited to, violating Retell AI’s Know-Your Customer requirements.
You shall not use the Services in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or constitutes any similar behavior.
4.2 Telemarketing Compliance
You must not use the Services in violation of the applicable laws governing the making and sending of calls and text messages. Relevant laws and regulations include, but are not limited to, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Telephone Consumer Protection Act (TCPA), and the rules promulgated by the Federal Communications Commission pursuant to the TCPA, the Federal Trade Commission (FTC) Act, the FTC’s Telemarketing Sales Rule (TSR) and the Do-Not-Call (DNC) registry, state telemarketing laws and federal and state anti-wiretapping or eavesdropping laws. Please See Addendum 1 for more detailed terms.
Among other things, these laws and regulations may:
• Require you to obtain the prior express consent for auto-dialed or prerecorded calls or texts sent or made from the called party;
• Require documentation or other support of such consent (which may be required in writing for certain types of calls);
• Prohibit altering the caller ID information transmitted with a call or text with the intent to defraud, cause harm, or wrongfully obtain anything of value;
• Require you to include an automated interactive telemarketing opt-out mechanism available at the outset of the message for prerecorded messages;
• Require you to include a disclosure of AI voice use at the beginning of the call;
• Require you to notify parties to the call that their call is being recorded, and, in some cases, seek prior express consent to the call recording and disclose the use of third-party vendors for call analytics;
• Prohibit making certain types of calls before 9 a.m. or after 9 p.m. at the called party's location; and
• Prohibit calling a number on the national, state, or organization-specific do-not-call registry.
If consumer consent is required under the applicable laws to place calls using Retell AI’s Services, Customer is required to document proof of the required level of consent of each consumer who the Customer contacts. Such documentation must be preserved for at least the minimum amount of time prescribed by the applicable law, but in any case, it must be maintained for no less than five years. Retell AI retains the right to audit your use of our Services to ensure your compliance with the applicable laws.
Customers using AI voice for outbound calls and text messages must ensure their systems are programmed to scrub phone numbers against the applicable (federal, state, and Customer-specific) Do-Not-Call (DNC) lists regularly and in no event less frequently than every 31 days.
No autodial, AI voice, or prerecorded message calls may be made to:
• 911 lines and emergency telephone lines
• Hospital/healthcare facility emergency lines
• Patient rooms in hospitals, healthcare facilities, or elderly homes
• Paging services
4.3 Fraud Prevention and Rights of Publicity
You shall not use our Services to offer or otherwise make fraudulent goods, services, schemes, or promotions available to others, including make-money-fast schemes, Ponzi and pyramid schemes, or for phishing, pharming, harvesting, or similar deceptive practices.
Providing altered, deceptive, or false information about the sender's identity or a call's origin is expressly prohibited.
The Services offer you the right to use AI-generated voices, and you represent that you have the rights to use AI generated voices under the applicable laws and licenses. You must not use the voices of real people (or deceptively similar voices) without their consent, and you must not use real people’s voices (or deceptively similar voices) for any purpose the relevant person has not authorized.
5.1 You agree to indemnify, defend and hold harmless Retell AI, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Services, any user content provided or postings made by you, you User Generated Content, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Retell AI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event yYou will fully cooperate with Retell AI in asserting any available defenses. This indemnification expressly covers any claims, damages, or regulatory fines (including the TCPA or similar statutes) arising from your improper or unlawful use of the Services.
5.2 Retell AI will defend Customer against any claim brought by a third party that the Services, as provided by Retell AI and used in accordance with this Agreement, infringe or misappropriate such third party’s intellectual property rights, and Retell AI will pay any damages finally awarded against Customer (or settlement amounts agreed to by Retell AI) in connection with such claim. Retell AI shall have no obligation under this Section to the extent the alleged infringement arises from (a) modifications to the Services not made by Retell AI, (b) combination of the Services with products, data, or processes not provided by Retell AI, (c) Customer’s use of the Services in breach of this Agreement, or (d) use of an outdated version of the Services where use of a newer version would have avoided the claim. This indemnity is Customer’s exclusive remedy and Retell AI’s sole liability for any third-party intellectual property claim, and is subject to the limitations of liability in Section 9.
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND RETELL AI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. RETELL AI MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE SERVICES ' USE SHALL BE BORNE SOLELY BY CUSTOMER.
RETELL AI MAKES NO WARRANTY THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. RETELL AI IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.
RETELL AI DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH THE USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. CUSTOMER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT CUSTOMER’S SOLE RISK AND DISCRETION, AND RETELL AI WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER OR CUSTOMER 'S PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMERS FROM RETELL AI, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO CUSTOMER.
From time to time Retell AI may offer beta, evaluation, or trial versions of the Services. Such Services are provided “as-is” without any warranties or commitments of any kind, and Retell AI shall have no liability or indemnification obligation arising from or relating to Customer’s use of beta, evaluation, or trial Services.
The Services are not designed for use in connection withmedical, emergency, aviation, nuclear, or other inherently dangerous orsafety-critical environments, and Retell AI disclaims all liability for use ofthe Services in such contexts.
RETELL AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR, (B) ONE HUNDRED DOLLARS ($100) IF YOU ARE USING THE SERVICES UNDER A FREE TRIAL, PILOT, BETA PROGRAM, OR OTHER UNPAID ARRANGEMENT. THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS IN THIS SECTION SHALL NOT APPLY TO CUSTOMER’S INDEMNIFICATION OBLIGATIONS, BREACH OF THE ACCEPTABLE USE POLICY, OR VIOLATION OF INTELLECTUAL PROPERTY RIGHTS.
SOME COUNTRIES AND STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE TERMS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, THESE TERMS ONLY LIMIT OUR RESPONSIBILITIES TO THE MAXIMUM EXTENT PERMISSIBLE IN YOUR COUNTRY OF RESIDENCE.
10.1 In General
All rights, title, and interests in the Service, and any content contained herein made available by Retell AI, including without limitation, the platform, APIs, models, algorithms, data sets, databases, and all other intellectual property of Retell AI and all derivative works of thereof, are the exclusive property of Retell AI, except as otherwise stated. The Service is made available to you for your legitimate business use only. Retell AI and its licensors own this entire website, including the names, logos, trademarks, service marks (collectively, the “Marks”), and any related or underlying technology, except User Content. The Service’s content may also be covered by applicable copyright or other intellectual property laws and treaties. Without the prior written consent of Retell AI, you are not permitted to make use of any of its Marks. You are expressly prohibited from reverse engineering, decompiling, or otherwise attempting to derive source code or underlying models. Retell AI may collect and use aggregated and de-identified data derived from Customer’s and its consumer’s use of the Services for purposes of operating, improving, and developing the Services, provided such data cannot reasonably be used to identify Customer, its users, or any consumers. In addition to the foregoing, Customer shall not: (a) use AI-generated voices or content produced by the Services to train, improve, or develop models or services that compete with Retell AI; (b) scrape, crawl, or use any automated means to extract data, voice samples, model outputs, or other content from the Services; (c) remove, alter, or obscure any proprietary notices, watermarks, or attribution contained in or generated by the Services; (d) use the Services for benchmarking or competitive analysis without Retell AI’s prior written consent; (e) resell, redistribute, or make available AI-generated voice outputs as a standalone product or service to third parties; (f) use the Services to build a product, service, or platform that functions as a substitute for, or intermediary layer on top of, the Services; or (g) share, publish, or transfer API keys, access credentials, or authentication tokens to any unauthorized third party.
10.2 Limited License
Subject to your compliance with these Terms, Retell AI grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes.
10.3 User-Generated Content
You retain ownership of any content you submit, upload, or provide to the Service, including software, text, audio, video, images, user-generated content, reviews, testimonials, forum posts, and social media posts (“User Content”).
By submitting User Content, you grant Retell AI a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with the Service.
10.4 AI-Generated Content
The ownership and intellectual property rights to any content generated by Retell AI’s models, algorithms, or AI systems in the provision of Services, including voice outputs, transcripts, summaries, and call analytics (“AI-Generated Content”), are subject to the following terms.
Retell AI or its licensors retain ownership of the underlying AI models and algorithms used to generate the AI-Generated Content.
You are granted a license to use the AI-Generated Content for Your personal or internal business purposes, subject to the restrictions outlined in these Terms.
Customer acknowledges that AI-Generated Content may be similar or identical to content generated for other customers and that Customer has no claim to exclusivity in any AI-Generated Content.
Retell AI does not claim ownership of ideas, data, or information Customer provides as inputs for the creation of AI-Generated Content. Customer acknowledges that AI-Generated Content is produced by automated systems and may contain errors, inaccuracies, or unintended outputs. Retell AI makes no representation that AI-Generated Content is protectable under copyright or other intellectual property laws, and Customer assumes all risk associated with its use, distribution, or publication of AI-Generated Content.
10.5 Feedback
If you provide Retell AI with any feedback, suggestions, or ideas regarding the Service (“Feedback”), You grant Retell AI a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to compensate You.
10.6 Third-Party Intellectual Property
The Service may incorporate third-party intellectual property. Retell AI does not claim ownership of such third-party content, and You agree to comply with any applicable third-party terms and conditions.
10.7 Trademarks
All trademarks, service marks, and trade names used on or in connection with the Service are the property of their respective owners. You may not use any trademarks, service marks, or trade names appearing on the Service without the owner’s prior written consent.
You grant Retell AI the right to identify you as a user of the Service, using your trademarks and logos on Retell AI’s website and in its marketing materials. For the duration of the Agreement, you grant Retell AI a non-exclusive, royalty-free license to use your name, logo and trademarks in connection with any marketing, promotion, or advertising of Retell AI or the Service. Customer may revoke Retell AI’s right to use its your name, logo and trademarks in marketing or publicity at any time by written notice.
If you do not opt-out of recording, you give Retell AI permission to record calls made using the Service and process communication data (“Communications”) and User Content for offering AI-powered analytics and the development, training, and improvement of artificial intelligence and machine learning models that are included in the Service. However, before being used for these purposes, the data will be de-identified and aggregated using commercially reasonable industry-standard technologies. Nothing in this section shall lessen or restrict your obligations under the applicable laws, as described in Section 4.
Retell AI shall use commercially reasonable efforts to maintain at least 99.5% uptime for the Services, excluding scheduled maintenance windows (not to exceed six (6) hours per month) and events of force majeure. Support response times and escalation procedures may be set out in a separate SLA document.
Retell AI shall implement commercially reasonable administrative, technical, and physical safeguards designed to protect User Content against unauthorized access, use, or disclosure. Customer remains responsible for securing its own access credentials and for all activity under its accounts. Unless otherwise expressly agreed in writing, Retell AI does not act as a “Business Associate” as defined under HIPAA and disclaims any such obligations, and you will not use the Services to process HIPAA regulated personal health information unless we have expressly agreed to enter into a business associate agreement with you.
Retell AI reserves the right to modify these Terms at any time in its sole discretion. Updated versions of the Terms will be posted on the website and are effective immediately. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
The most current version of the Terms will supersede all previous versions. Retell AI encourages you to periodically review the Terms to stay informed of our updates.
Customer represents and warrants that it is not located in a country subject to U.S. Government sanctions and is not a prohibited party under applicable export control laws. Customer shall not use or permit others to use the Services in violation of U.S. export control laws or regulations.
16.1 Pre-Trial Dispute Resolution
For all disputes, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 17.8 below. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in court. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in-court claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.
16.2 Class Action Waiver
WE (YOU AND RETELL AI) EACH AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF A COURT DETERMINES IN AN ACTION BETWEEN YOU AND US THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE CLASS ACTION WAIVER WILL BE VOID AS TO YOU.
16.3 Jury Trial Waiver
YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY.
16.4 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law provisions.
16.5 Exclusive Jurisdiction
The state and federal courts in the State of Delaware, shall have exclusive jurisdiction to hear and determine any claims or disputes between the parties arising out of or relating to this Agreement.
16.6 Venue
Any lawsuit, legal action, or proceeding arising from or relating to this Agreement must be instituted in the state or federal courts in the State of Delaware.
16.7 Consent to Jurisdiction
The parties hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection to venue in such courts, including any objection based on forum non conveniens.
16.8 Registered Agent Information
Retell AI’s registered agent is:
Corporation Service Company d/b/a CSC - Lawyers Incorporating Service
Address: 2710 Gateway Oaks Drive, Sacramento, CA.95825
In the event of a conflict between these Terms and any order form, proposal, or service level agreement, these Terms shall control unless expressly stated otherwise in such order form or service level agreement.
If any provision of these Terms is found to beunenforceable or invalid, that provision shall be limited or eliminated to theminimum extent necessary so that these Terms shall otherwise remain in fullforce and effect and enforceable.
You may not transfer or assign this Agreement or any of Your rights or obligations under it, by operation of law or otherwise, without our prior written consent. We may transfer or assign all or part of this Agreement or Your debts to us without notice. Upon our transfer or assignment of this Agreement, Retell AI shall be released from all liability with respect to this Agreement.
Sections relating to Intellectual Property Rights, Indemnification, Limitation of Liability, Governing Law, Export Control, and any provisions which by their nature should survive, shall survive termination or expiration of this Agreement.
Neither party shall be liable for any default or delay in the performance of its obligations hereunder (excluding any payment obligations) if and to the extent that such default or delay arises out of causes beyond their reasonable control, including, without limitation, acts of God, including weather-related phenomenon, earthquakes, and floods; fires; acts of war or terrorism; civil disorders, including riots, rebellions, and insurrections; labor disputes, including strikes, lockouts, and work stoppages; medical emergencies, including pandemics and quarantine restrictions; network problems, including cable cuts, power outages, network failures, and computers viruses; and any other catastrophes, national emergencies, or government orders or acts. The time for any performance required hereunder shall be extended by the delay incurred as a result of such force majeure event, and if either party is unable to perform as a result of such event, it shall act with diligence to correct or mitigate such event.
Retell AI has the right, but not the obligation, to monitor, investigate, restrict, enforce, bring civil litigation, press charges, or engage in any other self-help regarding any actual, attempted, or suspected violation of this Agreement. Retell AI will determine, in its sole discretion, whether You violated or attempted to violate any of the provisions of this Agreement or the Acceptable Use Policy. If we determine or suspect that You violated or attempted to violate this Agreement, we may terminate, suspend, modify, or limit Your Service. Additionally, we may report actual or suspected criminal offenses to appropriate law enforcement authorities. Retell AI will cooperate with law enforcement investigations where criminal activity is suspected, and You agree to cooperate with any such investigations. Any waiver of or failure to enforce any provision or prohibition in this Agreement in one instance shall not be construed as a waiver of any provision or right in another instance.
If You have any questions, concerns, comments, orcomplaints regarding Your Services, Your bill, or this Agreement, please get intouch with Retell AI Inc. Customer Service using the following information:
Retell AI Inc.
540 Price Avenue
Redwood City, CA 94063
Email Address: support@retellai.com
Telephone number:+1(415) 358-5433
CALLING, TEXTING, AND AI-GENERATED VOICE COMPLIANCE TERMS
This Addendum ("Addendum") is incorporated into and forms part of the Terms of Service between Retell AI Inc. ("Retell AI") and Customer. Capitalized terms not defined in this Addendum have the meanings given in the Terms of Service. In the event of a conflict between this Addendum and the Terms of Service, this Addendum shall control with respect to Customer's use of the Services for outbound calling, texting, and AI-generated voice communications.
1. Scope
This Addendum applies to all use of the Services involving outbound telephone calls, AI-generated voice communications, automated dialing, or text messaging capabilities, including batch calling, lead qualification, appointment reminders, collections, and any other voice or messaging functionality provided through the Platform.
2. Regulatory Framework
The Services are subject to the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA"), regulations promulgated by the Federal Communications Commission ("FCC") at 47 C.F.R. § 64.1200, the Telemarketing Sales Rule enforced by the Federal Trade Commission, and applicable state telemarketing and consumer protection laws (collectively, "Telecom Laws"). Customer is solely responsible for compliance with all Telecom Laws applicable to its specific use case, industry, and geographic reach.
3. AI-Generated VoiceClassification
The FCC has confirmed that AI-generated voices, including synthetic speech, voice cloning, and text-to-speech output produced by the Platform, constitute "artificial or prerecorded voice" under the TCPA. Calls made using the Platform's AI voice agents are therefore subject to the same consent requirements as traditional robocalls and prerecorded message calls. Customer may not use the Platform to place AI-generated voice calls without first obtaining the consent required under applicable Telecom Laws.
4. Consent Requirements
(a) Telemarketing and Advertising Calls. Calls to wireless telephone numbers or residential lines that introduce an advertisement or constitute telemarketing require the prior express written consent of the called party. Prior express written consent must: (i) be in writing (electronic signatures permitted under E-SIGN); (ii) clearly and conspicuously disclose that the consumer agrees to receive calls using an artificial or prerecorded voice, which may include AI-generated voice technology; (iii) identify the specific seller or entity authorized to make such calls; (iv) state that consent is not a condition of purchasing any goods or services; and (v) be signed by the consumer (electronically or otherwise)/
(b) Informational and Transactional Calls. Non-marketing calls (e.g., appointment reminders, delivery notifications, account alerts) require prior express consent. Prior express consent may be established when a consumer provides a telephone number in connection with a transaction and the call content is closely related to that transaction.
(c) Customer Responsibility. Customer is solely responsible for obtaining, documenting, and retaining evidence of valid consent before initiating calls through the Platform. Retell AI does not obtain consent on behalf of Customer. Retell AI makes no representation that Customer's consent practices comply with applicable law.
5. AI Disclosure to Call Recipients
(a) At Call Initiation. Customer must configure AI voice agents to identify, at the beginning of each outbound call: (i) the name of the business or entity on whose behalf the call is made; and (ii) the purpose of the call. In some jurisdictions, Customer may be required to disclose that the AI voice agent is artificially generated.
(b) Responsive Communications. Customer must configure AI voice agents to disclose the nature of the AI generated voice agent in response to communications, where AI voice agents are used to respond to consumer calls, where required by law.
(c) Regulatory Development. The FCC has proposed rules requiring specific consent language referencing AI-generated calls and in-call disclosures when AI technology is used. Customer is responsible for monitoring FCC Docket No. 23-362 for updates and adjust its practices accordingly.
(d) AI Voice Disclosure Compliance. Customer is prohibited from misleading any consumer about the artificial identity of any AI voice agent.
6. Do Not Call Compliance
(a) National Do Not Call Registry. Customer making telemarketing calls must scrub call lists against the National Do Not Call Registry maintained by the FTC at least every 31 days before initiating campaigns. Customer is responsible for maintaining an active subscription to the Registry.
(b) Internal Do Not Call List. Customer must maintain an internal suppression list of individuals who have requested not to receive calls. Requests to be placed on the internal list must be honored within 30 days and retained for the period required by applicable law. Customer must train its employees and other personnel on these practices.
(c) Entity-Specific Do Not Call Requests. Opt-out requests apply to the specific entity on whose behalf the call was made. Customer operating multiple lines of business or brands must maintain separate suppression lists where required by law.
7. Calling Hours
Customer may not use the Services to initiate calls before 8:00 a.m. or after 9:00 p.m. in the called party's local time zone, unless Customer has obtained the called party's prior express consent to receive calls outside these hours. Some states impose narrower calling windows (e.g., 9:00 a.m. to 9:00 p.m.). Customer is responsible for determining and complying with the applicable calling hours for each jurisdiction it contacts.
8. Consent Revocation
(a) Recognition of Revocation Requests. Consumers may revoke consent using any reasonable method, including verbal statements during a call. Customer must configure AI voice agents to recognize and appropriately respond to revocation requests, including but not limited to statements such as "stop calling," "take me off your list," "don't call me again," "unsubscribe," or similar expressions, and manage all such revocations of consent.
(b) Processing Timeline. Revocation requests must be processed and the called party's number added to Customer's internal suppression list within 10 business days of receipt. Customer may send one confirmatory message within 5 minutes of receiving a revocation request, provided the message contains no marketing content.
9. State Telemarketing Laws
In addition to federal requirements, Customer must comply with state telemarketing and consumer protection laws applicable to the states into which calls are placed or from which calls originate. Retell AI does not warrant that use of the Services satisfies the requirements of any particular state's telemarketing law. Customer is responsible for determining which state laws apply to its operations and configuring its use of the Services accordingly.
10. Call Recording and Two-Party Consent
(a) Recording Disclosure. If Customer enables call recording, Customer must disclose the recording to the called party and obtain any consent required under applicable law before or at the start of the call.
(b) Two-Party Consent States. Certain states require all-party consent before recording a telephone conversation. Customer must configure AI voice agents to announce recording and obtain verbal consent when calling numbers in two-party consent jurisdictions.
11. Caller ID
Caller ID Accuracy. Customer may not use the Services to transmit misleading or inaccurate caller identification information in violation of the Truth in Caller ID Act, 47 U.S.C. § 227(e).
12. Retention of ConsentRecords
Customer must retain records of consent (including the method of consent, the date and time consent was obtained, the disclosure presented to the consumer, and the telephone number for which consent was given) for a minimum of five (5) years or such longer period as required by applicable law or litigation hold. Retell AI does not store consent records on behalf of Customer.
13. Data Minimization forOutbound Campaigns
When uploading contact lists to the Services for batch calling or outbound campaigns, Customer should provide only the data elements necessary for the campaign (e.g., phone number, name, appointment time). Customer should not upload sensitive personal information (e.g., Social Security numbers, financial account numbers, health information).