Lena Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and AskLena, Inc. ("AskLena," "we," "us," or "our") governing your access to and use of our website, AI phone agent platform, SMS services, 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

AskLena 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 infrastructure (Twilio), AI voice technology (VAPI, Retell AI), and payment processing (Stripe) to deliver these services.

Services may include, without limitation: inbound and outbound AI voice calls, SMS automations, appointment scheduling, reminders, intake forms, emergency notifications, and business phone agent management.

3. Telephone & SMS Communications — Consent & Compliance

3.1 Express Written Consent

By providing a telephone number and requesting our Services, you provide your express written consent (as defined under the TCPA, 47 U.S.C. § 227, and its implementing regulations) to receive:

• Autodialed and/or pre-recorded voice calls to any telephone number you provide, including wireless numbers
• Automated SMS text messages for account verification, service alerts, and agent-initiated communications
• AI-generated voice calls and messages placed by the agents you configure through our platform

This 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 Twilio Communications Infrastructure

All voice and SMS communications through AskLena are delivered via Twilio, Inc. ("Twilio"), a third-party communications platform. Your use of our telephony features is also subject to Twilio'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 Twilio and subject to Twilio's 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
• Twilio may suspend or terminate numbers that violate their policies, which may affect your service
• Call recordings made via Twilio 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. AskLena registers its messaging campaigns in compliance with carrier requirements. You agree:

• Not to send unsolicited commercial messages (spam) through our platform
• To only message individuals who have provided prior express consent to receive messages from you or your business
• To include proper opt-out instructions in all marketing messages (STOP to unsubscribe)
• To identify your business name in the body of messages as required by applicable law
• To promptly honor all opt-out requests within 10 business days

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). AskLena 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

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. AskLena 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
• 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. Payments, Subscriptions & Refunds

Paid Services are billed through Stripe, Inc. 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

6. 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 Twilio, VAPI, Retell AI, Stripe, and Google Firebase.

6.1 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.

7. Intellectual Property

All content, software, trademarks, service marks, and logos on our platform are owned by AskLena, Inc. 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 AskLena a limited license to use that content to provide the Services, including transmitting it to our AI and telephony sub-processors.

8. 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

9. Disclaimers & Limitation of Liability

9.1 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.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASKLENA 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).

9.3 Indemnification

You agree to indemnify, defend, and hold harmless AskLena, 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.

10. 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.

11. 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.

12. 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.

13. Changes to These Terms

We may update these Terms at any time. The updated Terms will be posted at asklena.ai/terms 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.

14. Miscellaneous

• These Terms, together with our Privacy Policy, constitute the entire agreement between you and AskLena 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