Last Updated: June 13, 2025
Hello and welcome! These Terms of Service are an agreement formed between you and AIcalls, Inc. They cover the website available at our platform (the "Website"), and the AIcalls mobile application (the "App"). In these Terms we'll sometimes refer to AIcalls, Inc. as "AIcalls," "Company," "we," or "us." We'll refer to our Website and App, together with any content, tools, features and functionality offered on or through them, as the "Services."
These Terms govern your access to and use of the Services. Please read them carefully, as they include important information about your legal rights. By accessing or using the Services, you're agreeing to these Terms. If you don't understand or agree to these Terms, please don't use the Services.
In these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.
NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. By agreeing to these Terms, you agree to resolve all disputes with us through binding individual arbitration. That means you also waive any right to have those disputes decided by a judge or jury, and you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt out of arbitration as explained below.
Voices and personalities used in this app are AI-generated and not affiliated with the individuals they resemble. All accountability calls feature synthetic voices created using artificial intelligence technology and do not represent endorsements or participation by the actual individuals.
When you register to use the Services, you agree to provide accurate and complete information about yourself. If you are under 13 years old OR if you are an EU citizen or resident under 16 years old, do not sign up for the Services – you are not authorized to use them.
You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. You agree to immediately notify AIcalls of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session when accessing the Services. AIcalls will not be liable for any loss or damage arising from your failure to comply with this paragraph.
You acknowledge that AIcalls may establish general practices and limits concerning use of the Services. These may include, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on AIcalls's servers on your behalf. You agree that AIcalls has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services. You acknowledge that AIcalls reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that AIcalls reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You consent to receive notifications from us electronically to the e-mail address you provide to us. These notifications may be about your account, changes to our service, fitness accountability reminders, or other updates or marketing relating to our platform.
You agree to comply with the following conditions in using the Services.
You are solely responsible for all Content you submit to the Services. (When we say "Content you submit" and similar terms, we mean anything you seek to post, transmit, or share, including but not limited to text, images, sounds, video, graphics, fitness data, goals, or other information.) You agree not to submit any Content that:
You likewise agree not to do any of the following in connection with your use of the Services:
To the extent AIcalls chooses to support voice or audio features, you agree not to do any of the following:
We reserve the right to investigate and take appropriate action against anyone who we conclude, in our sole discretion, has violated the provisions above. That action may include, without limitation, removing Content from the Services, suspending or terminating your account, and reporting you to law enforcement.
When you submit Content to the Services, you represent and warrant that you own all right, title and interest in and to that Content (including, without limitation, all copyrights and rights of publicity), or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services for the uses contemplated in these Terms.
When you submit such Content, you retain whatever ownership rights in that Content you had to begin with. You grant AIcalls, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize and otherwise use the Content for any AIcalls-related purpose in any form, medium or technology now known or later developed, including without limitation to operate, improve and provide the Services.
When you use our AI accountability partners and receive personalized voice calls ("Generations"), you own any audio recordings and transcripts of your responses during these calls. However, you acknowledge that the AI-generated voices, personalities, and call scripts are proprietary to AIcalls or our licensors.
You grant AIcalls a nonexclusive, worldwide, royalty-free license to use your call data and responses to improve our AI models and Services, subject to our Privacy Policy. This includes using anonymized data to enhance the quality and effectiveness of our accountability calling system.
You acknowledge and agree that the Services may contain content or features protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. The AIcalls name and logos are trademarks of AIcalls. Nothing in these Terms should be construed as granting any license to use any AIcalls trademarks without our prior written permission.
Under no circumstances will AIcalls be liable for any content or materials of any third parties. You acknowledge that we do not pre-screen content and that AI-generated calls, by their nature, are unpredictable and may produce content that is inaccurate. You agree that you must evaluate, and bear all risks associated with, the use of any Content or AI-generated material. You should not rely on AI-generated content for medical advice, and if you do so, you acknowledge that it is at your own risk.
AIcalls respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify AIcalls of your infringement claim.
AIcalls will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. A written notification of claimed copyright infringement should be sent to admin@fitcentive.app.
To be effective, the notification must be in writing and contain the following information:
The Services or third parties may provide links or other access to other sites and resources on the Internet or to third-party applications. AIcalls has no control over such sites, resources or applications and AIcalls is not responsible for and does not endorse them. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that AIcalls is not liable for any loss or claim that you may have against any such third party.
You agree to release, indemnify and hold AIcalls and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, and expenses of any kind arising out of or relating to your use of the Services. Without limiting the foregoing, the release and indemnification described above includes reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services.
If you are a California resident, you waive California Civil Code Section 1542. If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. AIcalls expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
The Services are for motivational and accountability purposes only and do not constitute medical advice, diagnosis, or treatment. Always consult with qualified healthcare professionals before beginning any fitness program. AIcalls is not responsible for any injuries or health issues that may result from following AI-generated fitness advice or motivation.
You understand and agree that AIcalls will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or inability to use the Services; (ii) your access, use of, or interaction with any AI-generated content; (iii) unauthorized access to your data; (iv) statements or conduct of any third party on the Services; or (v) any other matter relating to the Services.
In no event will AIcalls's total liability to you for all damages exceed the greater of: (i) $100; or (ii) the amount you paid AIcalls in connection with your use of the Services in the 12 months preceding the claim.
This section affects your rights so please read it carefully.
You agree that any and all disputes or claims that have arisen or may arise between you and AIcalls, whether arising out of or relating to these Terms, the Services, or any aspect of our relationship, shall be resolved exclusively through final and binding arbitration, rather than a court, except that you may assert individual claims in small claims court if your claims qualify.
You agree that, by entering into these Terms, you and AIcalls are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
You and AIcalls agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class proceeding.
AIcalls is always interested in resolving disputes amicably and fairly, so if you have concerns, we strongly encourage you to first contact us at admin@fitcentive.app. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute. If AIcalls and you do not resolve the claim within 60 calendar days after the Notice is received, you or AIcalls may commence an arbitration proceeding.
Arbitration will be conducted by a neutral arbitrator in accordance with JAMS' Streamlined Arbitration Rules and Procedures, as modified by this Arbitration Agreement. Unless you and AIcalls agree otherwise, any arbitration hearings will take place in San Francisco, CA. For claims of $10,000 or less, you may choose whether the arbitration will be conducted solely on documents, through a telephonic/video hearing, or by an in-person hearing.
You agree that AIcalls, in its sole discretion, may suspend or terminate your account or use of the Services for any reason, including for lack of use or if AIcalls believes that you have violated these Terms. AIcalls may also discontinue providing the Services at any time with or without notice.
You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that AIcalls may immediately deactivate or delete your account and all related information and files. Termination of your account will not terminate AIcalls's rights to your Content as described in these Terms.
These Terms constitute the entire agreement between you and AIcalls and govern your use of our Services, superseding any prior agreements between you and AIcalls with respect to the Services.
These Terms are governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, you and AIcalls agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You may not assign these Terms without the prior written consent of AIcalls, but AIcalls may assign or transfer these Terms, in whole or in part, without restriction.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than 14 days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.
If you have any questions about our Services, or to report any violations of these Terms, please contact us at:
Email: admin@fitcentive.app