Lena Terms of Service

Lena is a product of Development United LLC.

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Development United LLC ("Development United," "we," "us," or "our") governing your access to and use of our website, AI phone agent platform, SMS services, email and calendar integrations, our personal assistant agent, and all associated features (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, do not use our Services.

1. Eligibility & Account Registration

You must be at least 18 years old and legally capable of entering into contracts to use our Services. By creating an account, you represent that all information you provide is accurate and that you will maintain its accuracy.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at legal@asklena.ai if you suspect unauthorized access.

2. Description of Services

Development United provides AI-powered phone and SMS agent services that allow individuals and businesses to deploy automated calling and messaging workflows. Our platform integrates with telephony and SMS providers (currently Twilio), voice AI infrastructure providers (currently LiveKit), speech-to-text and text-to-speech providers, large language model providers (currently OpenAI), and payment processing (currently Stripe) to deliver these services.

Services may include, without limitation: inbound and outbound AI voice calls, SMS automations (such as booking confirmations, reminders, and follow-ups), appointment scheduling, reminders, intake forms, emergency notifications, business phone agent management, sending email from a connected Google account through our business dashboard, and, through our personal assistant agent, reading and replying to your email and managing calendar events at your request.

3. Telephone & SMS Communications: Consent & Compliance

3.1 Consent to Calls and Texts

Our AI agents place automated or AI-generated voice calls only where the required consent has been obtained. Clients are responsible for obtaining that consent for calls their agents place.

Text messages require separate consent. Providing a telephone number or requesting our Services does not by itself constitute consent to receive text messages. We send text messages only after you separately opt in or when you request a verification code, as described in the SMS Terms (Section 3.6).

Consent is not a condition of purchasing any goods or services. You may revoke consent at any time by replying STOP to any SMS or emailing legal@asklena.ai. Revocation will not affect the lawfulness of communications made prior to the revocation.

3.2 Communications Infrastructure

All voice and SMS communications through Development United are delivered via our third-party telephony and SMS provider (currently Twilio). Your use of our telephony features is also subject to that provider's terms of service and privacy policy. By using our Services, you acknowledge and agree that:

• Phone numbers provisioned through our platform are leased from our telephony provider and subject to its acceptable use policies
• SMS messaging is subject to carrier filtering, A2P 10DLC registration requirements, and applicable messaging regulations
• We cannot guarantee SMS delivery rates, as carriers exercise independent filtering at their discretion
• Our telephony provider may suspend or terminate numbers that violate its policies, which may affect your service
• Call recordings made through our platform are subject to all-party or one-party consent laws depending on your jurisdiction

3.3 A2P 10DLC & Carrier Compliance

Business SMS messaging in the United States requires registration under the Application-to-Person (A2P) 10-digit long code (10DLC) framework. Development United registers its messaging campaigns in compliance with carrier requirements. You agree:

• Not to send unsolicited commercial messages (spam) through our platform
• Not to configure agents to send text messages to anyone who has not agreed during a call to receive texts from Lena
• To ensure your agents obtain the caller's consent before sending any text message
• Not to send marketing text messages without proper prior consent
• To include proper opt-out instructions in all marketing messages (STOP to unsubscribe)
• Not to change or remove Lena's identification as the sender in text messages
• To honor all opt-out requests (including STOP replies) promptly, and in any case within 10 business days
• To use callers' phone numbers and SMS consent only to handle the caller's request, and not to use them for marketing or promotional messages or share them with third parties for marketing

3.4 Call Recording Notice

Calls placed or received through our platform may be recorded. You are responsible for ensuring that all parties to a call are informed of recording, as required by applicable federal and state laws (including two-party consent states such as California, Florida, and Washington). Development United provides an automated disclosure message at the start of AI-agent calls but you remain solely responsible for your legal compliance obligations in your jurisdiction.

3.5 Prohibited Calling & Messaging Activities

You agree not to use our Services to:

• Contact individuals on the National Do Not Call Registry without valid exemption
• Send unsolicited commercial messages or spam
• Engage in telemarketing without proper TCPA consent and required disclosures
• Use spoofed caller ID in violation of the Truth in Caller ID Act
• Harass, threaten, or abuse any individual
• Conduct robocalling campaigns without express prior written consent
• Use the platform to defraud consumers or engage in deceptive trade practices
• Violate the CAN-SPAM Act, CASL, or any applicable anti-spam law

3.6 SMS Terms

• Program name: Lena Notifications
• Program description: Lena Notifications, a service of Development United LLC, sends appointment confirmations, reminders and follow-ups by text message to callers who agree during a call with a Lena AI voice agent. All messages are sent by Lena and identify Lena as the sender. Message frequency varies.

How you opt in: During a call, the Lena AI agent asks: "Would you like Lena to text you a confirmation of this appointment? Message frequency varies, and message and data rates may apply. You can reply HELP for help or STOP to opt out anytime." Texts are sent only after you say yes, and you then receive a confirmation text from Lena. We record your consent (time, phone number and call transcript).

Messages relate to your appointment, such as booking confirmations, reminders, and follow-ups. Consent is not a condition of purchase.

Verification codes are sent only when you request them, through Twilio Verify.

Message frequency varies. Message and data rates may apply.

Reply STOP to cancel. Reply HELP for help. After you reply STOP, you will receive one message confirming that you have been unsubscribed, and no further messages after that.

Carriers are not liable for delayed or undelivered messages.

For support, email support@asklena.ai. For information on how we handle your mobile information, see our Privacy Policy.

4. AI Agent Use & Your Responsibilities

You are solely responsible for the configuration, behavior, and legal compliance of any AI agents you deploy through our platform. Development United provides the infrastructure; the content and purpose of your agents' communications is your responsibility. This includes:

• Ensuring all call scripts, prompts, and automated messages comply with applicable law
• Obtaining necessary consents before using our platform to contact third parties
• Ensuring your agents obtain the caller's consent before sending any text message, honoring STOP replies, and not sending marketing texts without proper prior consent
• Using callers' phone numbers and SMS consent only to handle the caller's request, and not using them for marketing or promotional messages or sharing them with third parties for marketing
• Not deploying agents for illegal, fraudulent, or deceptive purposes
• Accurately representing yourself and your business in agent interactions
• Ensuring your use of AI agents complies with the FTC's guidelines on AI disclosures

5. Connected Accounts (Google)

Some Services let you connect a Google account: our business dashboard (to send email from your own Gmail address) and our personal assistant agent (to read and reply to your email and to manage calendar events). By connecting a Google account, you agree that:

• You authorize only the specific access shown on Google's consent screen when you connect your account
• You are responsible for the emails sent and calendar events created through your connected account, and for complying with anti-spam laws such as the CAN-SPAM Act
• For our personal assistant agent, you are responsible for what you ask it to do and for the emails and calendar events it creates on your behalf, and you should review its actions
• Google's own terms, policies, and sending limits continue to apply to your Google account
• You can disconnect your Google account at any time in the product or at myaccount.google.com/permissions
• We may suspend access to connected account features if we detect abuse or a violation of these Terms

How we handle data received from Google is described in our Privacy Policy, in the sections for the Lena dashboard and for our personal assistant agent.

6. Payments, Subscriptions & Refunds

Paid Services are billed through our payment processor (currently Stripe). By subscribing, you authorize us to charge your payment method on a recurring basis at the frequency stated at checkout (monthly or annually). All fees are in U.S. dollars and are non-refundable except as required by law or as we determine in our sole discretion.

• Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date
• You may cancel at any time through your account dashboard; cancellation takes effect at the end of the current paid period
• We reserve the right to change pricing with 30 days' advance notice to your registered email address
• Overdue accounts may result in suspension of Services
• Additional telephony usage fees (calls, SMS) may apply beyond included plan limits and are charged at our current rates

7. Data & Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms. By using the Services, you consent to data processing as described in that policy, including processing by our voice AI infrastructure, speech-to-text and text-to-speech, large language model, telephony and SMS, verification code delivery, payment processing, authentication and database hosting, and email delivery providers, as listed in that policy. How our personal assistant agent handles Google user data is described in the Google User Data: Our Personal Assistant Agent section of that policy.

7.1 Data Retention Summary

• Call recordings: 90 days
• Call transcripts: 12 months
• SMS message content: 90 days
• Call metadata: 3 years
• Payment records: 7 years
• Account data: Duration of account plus 90 days

You may request data deletion at any time subject to legal retention requirements. See our Privacy Policy for the full schedule.

8. Intellectual Property

All content, software, trademarks, service marks, and logos on our platform are owned by Development United LLC or its licensors. You are granted a limited, non-exclusive, non-transferable license to use our Services for their intended purpose.

You retain ownership of any content, scripts, or prompts you create through our platform. By providing content for use in AI agents, you grant Development United a limited license to use that content to provide the Services, including transmitting it to our AI and telephony sub-processors.

9. Prohibited Uses

You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms
• Reverse-engineer, decompile, or attempt to extract source code from our platform
• Access or attempt to access accounts, systems, or data you are not authorized to access
• Transmit malware, viruses, or any code designed to disrupt or damage systems
• Scrape or harvest data from our platform without authorization
• Resell or sublicense our Services without our express written consent
• Use the Services to infringe the intellectual property rights of third parties
• Impersonate any person or entity

10. Disclaimers & Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO 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. TELEPHONY SERVICES ARE SUBJECT TO CARRIER AND INFRASTRUCTURE LIMITATIONS BEYOND OUR CONTROL.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPMENT UNITED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

10.3 Indemnification

You agree to indemnify, defend, and hold harmless Development United, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws, including the TCPA; or (d) your infringement of any third-party rights.

11. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may seek injunctive relief in court for intellectual property disputes.

Class Action Waiver: You agree to resolve disputes only on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. To the extent court proceedings are permitted, you consent to the exclusive jurisdiction of the federal and state courts located in Delaware.

13. Termination

We may suspend or terminate your access to the Services at any time for violation of these Terms, non-payment, or for any other reason in our sole discretion, with or without notice. Upon termination, your license to use the Services immediately ceases. Sections that by their nature should survive termination (including limitations of liability, indemnification, and dispute resolution) shall survive.

14. Changes to These Terms

We may update these Terms at any time. The updated Terms will be posted at asklena.ai/terms-of-service with a revised effective date. Material changes will be communicated to you via email at least 14 days before they take effect. Continued use of the Services after that date constitutes your acceptance of the updated Terms.

15. Miscellaneous

• These Terms, together with our Privacy Policy, constitute the entire agreement between you and Development United regarding the Services
• If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force
• Our failure to enforce any provision shall not constitute a waiver of that provision
• You may not assign your rights or obligations under these Terms without our prior written consent
• We may freely assign our rights and obligations without restriction