Terms of Service | Triden AI

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Last Updated: May 11, 2026

Welcome to Triden AI. These Terms of Service ("Terms") govern your access to and use of the Triden AI platform and services, including our AI-powered phone automation, customer relationship management (CRM), text messaging, appointment booking, and review management tools (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

Triden AI LLC ("Triden AI," "we," "us," or "our") is a limited liability company organized under the laws of the State of Wisconsin. Please read these Terms carefully before using the Service. If you do not agree to these Terms, you may not access or use the Service.

Table of Contents

1. Acceptance of Terms

2. Description of Service

3. Eligibility & Account Registration

4. Subscription Plans, Usage Units & Pricing

5. Billing, Payment & Overages

6. Cancellation & Refund Policy

7. AI Call Handling, Recording & Caller Disclosures

8. SMS Communications, TCPA & A2P 10DLC Compliance

9. Customer Data, PII & Data Imports

10. Acceptable Use

11. Intellectual Property

12. License Grant & Restrictions

13. Non-Solicitation

14. Third-Party Services

15. Service Availability & Modifications

16. Disclaimers

17. Limitation of Liability

18. Indemnification

19. Termination

20. Force Majeure

21. Dispute Resolution, Arbitration & Class Action Waiver

22. Governing Law & Jurisdiction

23. Changes to These Terms

24. Miscellaneous

25. Contact Us

1. Acceptance of Terms

By creating an account, completing onboarding, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Triden AI.

If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity, and "you" and "your" refer to that entity.

2. Description of Service

Triden AI provides an AI-powered phone automation and business operations platform built for local service businesses, including but not limited to automotive repair shops, HVAC contractors, painting companies, roofing companies, plumbers, electricians, landscapers, and similar trades. The Service may include:

AI voice agents that answer inbound calls, provide information, schedule appointments, take messages, and route calls based on your configuration;

Bilingual (English/Spanish) AI voice agent options;

Customer relationship management (CRM) functionality, including contact records, pipelines, and calendars;

Operational and (where included) marketing SMS messaging;

AI-assisted appointment booking integrated with your calendar;

Review request and reputation management funnels;

Call recording, transcription, and summary delivery;

Reporting and analytics.

Specific features available to you depend on the subscription plan you select. We reserve the right to modify, expand, replace, or retire features at any time, subject to Section 15.

3. Eligibility & Account Registration

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements and that all information you provide during onboarding is accurate, current, and complete.

You are responsible for:

Maintaining the confidentiality of your account credentials, including any login information you create for the CRM, dashboard, or related portal;

All activity that occurs under your account, including activity by your employees, contractors, or anyone you authorize;

Promptly notifying us of any suspected unauthorized access to your account.

We may suspend or terminate your account if any information you provide proves to be inaccurate, false, or misleading, or if your activity poses a risk to the Service or to other users.

4. Subscription Plans, Usage Units & Pricing

4.1 Unit Definition

Triden AI measures usage in Units. A Unit is a unified measure of platform usage that includes both AI voice handling and SMS messaging. The conversion is:

1 Unit = 1 minute of AI voice handling, OR

1 Unit = 5 SMS segments

An SMS "segment" is the standard carrier-defined message unit (typically 160 characters for standard messages, or approximately 70 characters for messages containing emoji or special characters). A single SMS message may consist of multiple segments depending on length. Unused Units do not roll over to the following month.

4.2 Current Plans

Essential — $139/month: 300 Units included.

Core AI call answering, message taking, call recording, transcripts, and call summaries delivered to you. SMS at this tier is platform-to-owner only (call summaries, missed-call alerts, system notifications sent to the account holder). End customers do not receive SMS messages on the Essential plan.

Pro — $249/month: 500 Units included.

All Essential features, plus AI-assisted appointment booking, CRM, review request funnel, and operational SMS to your customers (appointment confirmations, reminders, missed-call follow-ups, post-service review requests). SMS at this tier is operational only — promotional, marketing, and bulk campaign messaging are not supported on the Pro plan.

Business Suite — $497/month: 750 voice minutes + 1,500 SMS segments included.

All Pro features, plus multi-location support and marketing SMS capability. On Business Suite, voice and SMS allowances are tracked separately rather than as a unified Unit pool. Marketing SMS requires a separate A2P 10DLC marketing campaign registration as described in Section 8.

4.3 Setup Fee

A one-time, non-refundable Setup Fee of $397 is charged at onboarding and covers AI voice agent configuration, integration with your phone system and calendar, prompt customization, and initial training. The Setup Fee is charged at signup alongside the first month's subscription and is non-refundable under any circumstances, including cancellation during the first billing period.

4.4 Add-Ons

Spanish/Bilingual AI Agent (Remi) Add-On — $99/month. Adds a dedicated Spanish-language AI voice agent with a separate direct Spanish phone number. Remi shares the primary plan's Unit pool (or voice/SMS allowances on Business Suite); no separate allowance is provided. All call summaries are delivered to you in English regardless of the language of the call.

Additional Location — Standard Clone, $197/month per location. A standard additional location is a duplication of the primary location's AI assistant configuration, adjusted only for address, phone number, business hours, and calendar. No material changes to services offered, assistant persona, language settings, or workflow configuration are included. Standard clones do not require a new Setup Fee.

Additional Location — Custom, $197/month per location + one-time Setup Fee. Any additional location requiring material differences from the primary configuration — including unique service menus, a distinct AI assistant persona, different language settings, separate workflow logic, or non-standard integrations — qualifies as a custom location and is subject to a one-time, non-refundable Setup Fee equal to one month of the applicable plan rate, in addition to the $197/month recurring fee. Triden AI reserves sole discretion in determining whether a requested additional location qualifies as a standard clone or a custom location. Clients will be notified prior to setup if a Setup Fee applies.

4.5 Overage Charges

Essential and Pro plans: Usage exceeding included Units is billed at $0.39 per Unit, calculated at the end of each billing cycle.

Business Suite plan: Voice and SMS overages are billed separately. Voice overage is $0.39 per minute. SMS overage is $0.08 per SMS segment.

Overage is calculated using usage reported by our telephony and messaging providers and rounded according to those providers' standard billing increments. Unused Units, voice minutes, and SMS segments do not roll over.

4.6 Minute and Unit Pooling

For accounts with more than one active location under the same Client, included Units (Essential/Pro) and included voice minutes and SMS segments (Business Suite) are pooled across locations within the same billing period.

4.7 Plan Upgrades

Upgrade requests are processed immediately. AI configuration updates begin on the date of the upgrade request and may require up to 14 days to complete. Billing for the new plan rate commences at the start of the next billing cycle following the upgrade request. No refund or credit is issued for any delay in AI configuration completion.

4.8 Plan Downgrades

Downgrades require 60 days' written notice submitted via email to support@tridenai.com. Downgrades take effect at the start of the billing period following the 60-day notice window. No mid-cycle downgrades will be processed. Client remains responsible for full payment at the current plan rate through the end of the notice period.

4.9 Price Adjustments

Triden AI may modify subscription fees and overage rates with no less than 30 days' written notice sent to the email address on your account. Base subscription rates will not be increased more than once per 12-month period. Overage rates may be adjusted separately and are not subject to the 12-month limitation. Continued use of the Service after the notice period constitutes acceptance of updated pricing.

Pricing is exclusive of applicable taxes, telecommunications surcharges, and pass-through fees, which may be added to your invoice where required by law.

5. Billing, Payment & Overages

Billing Cycle. Subscription fees are billed monthly in advance on the calendar day corresponding to your activation date. Setup fees are billed at onboarding. Overage charges and add-on usage are billed in arrears at the end of each billing cycle.

Payment Method. You must provide and maintain a valid payment method (credit card, debit card, or ACH where supported). You authorize Triden AI and its payment processor (currently Stripe) to charge your payment method for all amounts owed under these Terms, including the Setup Fee, subscription fees, Unit/voice/SMS overages, and add-on charges.

Auto-Renewal. Subscriptions automatically renew each billing cycle at the then-current plan rate until cancelled in accordance with Section 6.

Failed Payments. If a payment fails, we will notify you by email and may retry the charge. Service may be suspended after 5 business days of non-payment. You remain responsible for all amounts owed regardless of suspension or termination, plus any reasonable collection costs. Triden AI is not liable for any disruption caused by payment failure.

Chargeback Policy. You agree not to initiate a chargeback, dispute, or reversal of any charge with your bank or payment provider without first contacting Triden AI at support@tridenai.com and allowing 5 business days for resolution. You acknowledge that all fees charged in accordance with these Terms are valid and authorized. In the event you initiate an unauthorized chargeback, you remain liable for the full disputed amount plus any chargeback fees, processing fees, or administrative costs incurred by Triden AI as a result of the dispute. Triden AI reserves the right to immediately suspend or terminate Service upon initiation of a chargeback.

Disputed Charges. You must notify us in writing of any disputed charge within 60 days of the invoice date. Charges not disputed within that window are deemed accepted.

6. Cancellation & Refund Policy

No Long-Term Contracts. Triden AI does not require long-term contracts. Subscriptions continue on a month-to-month basis until cancelled in accordance with this Section.

Cancellation Notice.

Within the first 60 days of your initial subscription, you may cancel with 60 days' written notice. You remain responsible for subscription fees during the notice period.

After the first 60 days, you may cancel with 30 days' written notice. You remain responsible for subscription fees during the notice period.

Cancellation requests must be submitted in writing to support@tridenai.com from the email address on your account.

Refunds. All fees — including the Setup Fee, monthly subscription fees, Unit/voice/SMS overage charges, and add-on charges — are non-refundable except where required by applicable law. We do not provide pro-rated refunds for partial months, unused Units, unused voice minutes, unused SMS segments, or features you choose not to use.

Effect of Cancellation. Upon the effective date of cancellation, your access to the Service will end, AI voice agents will stop answering calls on your behalf, and SMS automation will stop. Triden AI will provide access to call transcripts and usage data for 14 days post-cancellation. You are solely responsible for exporting any data before the 14-day window closes. After 14 days, all Client Data will be permanently deleted from Triden AI systems.

The Setup Fee is non-refundable under all cancellation circumstances.

7. AI Call Handling, Recording & Caller Disclosures

Nature of the Service. The Service uses artificial intelligence to answer and manage calls on your behalf according to the configuration you approve. You acknowledge that:

AI voice agents are probabilistic systems and may misunderstand, mishandle, or fail to handle calls in some situations;

Caller experience may vary based on accent, background noise, call quality, complexity of inquiry, and other factors;

The Service is a tool to assist your business and is not a substitute for human judgment in any matter requiring professional, medical, legal, financial, or safety-critical advice;

You are solely responsible for the accuracy and appropriateness of the scripts, prompts, pricing, hours, policies, and other information you provide for the AI agent to use;

You are responsible for independently verifying all appointments, bookings, and AI-generated communications before acting on them.

Call Recording & Transcription. Calls handled by the Service may be recorded, transcribed, and stored for quality assurance, AI model improvement, training, troubleshooting, generating call summaries, and providing analytics. By using the Service, you authorize Triden AI to perform these activities.

Two-Party Consent & Caller Disclosures. Recording laws vary by jurisdiction. Some states — including California, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington, among others — require all-party consent to record a call. You are solely responsible for:

Determining which recording-consent laws apply to your callers and business;

Ensuring appropriate caller disclosures are included in the AI agent's opening script (for example, a statement that the call is being handled by an AI assistant and may be recorded);

Approving the disclosure language used by your AI agent during onboarding.

By approving your AI agent's opening script, you confirm that the disclosures provided are sufficient for your jurisdiction. Triden AI is not your legal advisor and makes no representation that any default disclosure language satisfies the requirements of any particular jurisdiction.

8. SMS Communications, TCPA & A2P 10DLC Compliance

8.1 Tiered SMS Scope

SMS messaging functionality varies by plan:

Essential ($139/mo): SMS is platform-to-owner only. Messages are sent from Triden AI's platform to the account holder (call summaries, missed-call alerts, system notifications). Customers of the Client do not receive SMS at this tier.

Pro ($249/mo): Operational SMS only. Messages are sent to the Client's customers strictly for transactional purposes — appointment confirmations, appointment reminders, callback requests, missed-call follow-ups, status updates, and post-service review requests. Promotional, marketing, political, fundraising, and bulk-campaign messaging are not permitted on the Pro plan.

Business Suite ($497/mo): Operational SMS and Marketing SMS. Marketing SMS requires a separate A2P 10DLC marketing campaign registration, additional opt-in collection, and adherence to TCPA marketing-consent standards as described below.

8.2 Platform Role

Triden AI is a technology platform provider only and is not the sender of record for SMS messages delivered on your behalf. SMS messages are transmitted through third-party telecommunications providers (currently including Twilio and GoHighLevel) subject to those providers' terms and carrier rules.

8.3 Consent

You represent and warrant that, before any SMS is sent to a recipient through the Service, you have obtained the consent required under applicable law, including the federal Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act (where applicable), and any state-level analogues. You agree to:

Capture, document, and retain proof of consent (for example, via intake forms, service agreements, or onboarding checkboxes);

Use express written consent standards for marketing SMS (Business Suite only);

Honor opt-out requests promptly and ensure STOP responses are automatically processed.

8.4 A2P 10DLC Registration

SMS messaging in the United States is subject to Application-to-Person (A2P) 10DLC carrier registration requirements administered by The Campaign Registry and the wireless carriers. You acknowledge that:

Brand and campaign registration is required before SMS may be sent through your account;

Marketing SMS on Business Suite requires a separate marketing campaign registration in addition to any operational campaign;

You will provide accurate brand information, opt-in language, and sample messages as part of registration;

Carriers may approve, reject, throttle, label (e.g., "Likely Spam"), filter, or block messages at their discretion;

Triden AI is not responsible for carrier registration decisions, message filtering, message blocking, message labeling, or carrier fees.

8.5 Opt-Outs

All SMS sent through the Service must include functioning opt-out language (such as "Reply STOP to unsubscribe"). You agree not to send further messages to any recipient who has opted out, and you authorize the Service to honor STOP requests automatically.

8.6 Indemnity for SMS Violations

You shall indemnify, defend, and hold harmless Triden AI from any and all claims, fines, penalties, damages, or liabilities (including reasonable attorneys' fees) arising from SMS sent through your account in violation of the TCPA, CAN-SPAM, A2P 10DLC regulations, carrier rules, or any other applicable law, in accordance with Section 18.

9. Customer Data, PII & Data Imports

Your Data. As between you and Triden AI, you retain ownership of all data you upload, import, or otherwise provide to the Service, including customer contact lists, vehicle or service records, call recordings, transcripts, and related business data ("Client Data"). You grant Triden AI a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and otherwise use Client Data solely to provide, maintain, support, secure, and improve the Service.

CSV and Bulk Imports. If you import customer data from your existing shop management software, CRM, or other systems via CSV file or similar bulk upload, you represent and warrant that:

You have the legal right to share that data with Triden AI;

The data does not contain payment card numbers, full Social Security numbers, driver's license numbers, government identifiers, account passwords, protected health information (PHI), or other categories of sensitive personal information unless we have separately agreed in writing to handle such data;

You have provided any notice and obtained any consent required under applicable law from the individuals whose data is being uploaded;

You will notify Triden AI of any customer deletion requests promptly.

Personally Identifiable Information. The Service is designed to process basic contact-level PII (name, phone number, email address, vehicle/service information, appointment history, and similar business data) necessary to operate AI voice agents, CRM, and SMS features. You agree not to use the Service to store, transmit, or process payment card data, full Social Security numbers, government identification numbers, PHI subject to HIPAA, or any data that would subject Triden AI to regulatory regimes (PCI-DSS, HIPAA, GLBA, etc.) not addressed in these Terms.

Data Retention & Deletion. We retain Client Data for as long as your account is active. Upon cancellation, Client Data is retained for 14 days to allow export, after which all Client Data is permanently deleted from Triden AI systems. Some data may be retained in backups, audit logs, or anonymized form for legal, security, and operational purposes. Call recordings held by third-party providers are subject to those providers' retention policies.

Privacy Law Compliance. Triden AI complies with applicable data protection laws, including the California Consumer Privacy Act (CCPA) where applicable. You are responsible for ensuring your own data collection and use practices comply with all applicable laws.

Aggregated Data. You grant Triden AI a non-exclusive, royalty-free right to use aggregated, anonymized, and de-identified data derived from your use of the Service to operate, secure, benchmark, and improve the Service and to develop new features.

Security. We maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Client Data. No system is perfectly secure. You are responsible for safeguarding your own account credentials and devices.

10. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

Use the Service in any way that violates federal, state, local, or international law or regulation;

Use the Service to send unsolicited bulk SMS, spam, or messages to recipients who have not provided required prior express written consent;

Use the Service for marketing, promotional, political, fundraising, or debt-collection messaging unless your subscription plan expressly permits it and applicable consent has been obtained;

Use the Service to conduct robocall campaigns, telemarketing, or any communication prohibited under the TCPA or applicable state law;

Send harassing, defamatory, threatening, fraudulent, obscene, or otherwise unlawful content through the Service;

Impersonate Triden AI, a Triden AI employee, another user, or any other person or entity;

Configure AI agents to provide medical, legal, financial, tax, mental-health, or other professional advice requiring a licensed professional;

Use the Service to operate a "call center" reselling AI voice services to unrelated third parties without our prior written consent;

Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service, its infrastructure, or any related systems;

Use the Service to generate, train, or improve any competing AI voice, CRM, or messaging product;

Resell, sublicense, lease, white-label, or otherwise transfer access to the Service to any third party without our prior written consent.

We may investigate suspected violations and take any action we deem appropriate, including warning, throttling, suspending, or terminating accounts and reporting conduct to law enforcement. Violation of this Section may result in immediate termination of Service without notice or refund.

11. Intellectual Property

The Service — including all software, AI prompts and prompt frameworks, workflows, automations, scripts, integrations, designs, graphics, logos, trademarks, trade dress, documentation, training materials, and any improvements, derivatives, or modifications thereof (collectively, the "Triden AI IP") — is and will remain the exclusive property of Triden AI and its licensors. The Triden AI IP is protected by copyright, trademark, trade secret, and other intellectual property laws.

Nothing in these Terms transfers any right, title, or interest in the Triden AI IP to you, except for the limited license expressly granted in Section 12. The Triden AI name and logo, and all related marks, are trademarks of Triden AI and may not be used in connection with any product or service without our prior written consent. You retain ownership of your Client Data as described in Section 9.

12. License Grant & Restrictions

License. Subject to your continued compliance with these Terms and payment of all fees, Triden AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during your subscription term, solely for your internal business operations.

Restrictions. You agree that you will not, and will not permit any third party to:

Copy, modify, translate, or create derivative works of the Service or any Triden AI IP;

Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, prompt content, workflow logic, or trade secrets from the Service;

Circumvent or attempt to circumvent any access control, throttling, rate limit, or security mechanism;

Extract, scrape, or harvest data from the Service except as expressly permitted by exported reports or APIs we make available to you;

Use the Service to build a competing product or service, or to assist any third party in doing so;

Remove, obscure, or alter any proprietary notices, labels, or marks on or within the Service.

The restrictions in this Section apply during the term of the Service and for a period of two (2) years following termination. Any unauthorized use immediately terminates the license granted under this Section without limiting our other remedies.

13. Non-Solicitation

Non-Solicitation of Clients. During the term of the Service and for a period of two (2) years following termination, you will not directly or indirectly solicit, recruit, or encourage any other Triden AI client — of whom you became aware through your use of the Service or any interaction with Triden AI — to terminate or reduce their use of Triden AI's services or to engage a competing service.

Non-Solicitation of Personnel. During the term of the Service and for a period of one (1) year following termination, you will not directly or indirectly solicit, hire, or engage as an employee, contractor, or consultant any Triden AI employee, contractor, or agent who was involved in delivering the Service to you, without our prior written consent. A general advertisement or job posting not specifically directed at Triden AI personnel does not, by itself, constitute solicitation under this Section.

Remedies. You acknowledge that any breach of Section 12 or 13 would cause irreparable harm to Triden AI for which monetary damages would be inadequate. Triden AI shall be entitled to seek injunctive relief and any other equitable remedies, in addition to all remedies at law, without the requirement to post bond or prove actual damages.

14. Third-Party Services

The Service relies on and integrates with third-party platforms, including but not limited to telephony providers (Vapi, Twilio), AI model providers, CRM and calendar providers (including GoHighLevel), payment processors (Stripe), workflow automation providers (n8n), and SMS aggregators (collectively, "Third-Party Services"). You acknowledge that:

Third-Party Services are not owned, operated, or controlled by Triden AI;

The availability, performance, pricing, and policies of Third-Party Services are determined by the third parties that operate them and may change at any time;

Outages, errors, throttling, rate limits, content filtering, or policy decisions by a Third-Party Service may degrade or interrupt the Service, and Triden AI is not liable for those events;

Your use of a Third-Party Service may be subject to that third party's separate terms, which you are responsible for reviewing where applicable.

We may substitute Third-Party Service providers at our discretion. We will use commercially reasonable efforts to maintain comparable functionality when we do.

15. Service Availability & Modifications

We strive to maintain high availability of the Service but do not guarantee that the Service will be uninterrupted, error-free, or available at any particular time. The Service may be unavailable due to maintenance, upgrades, third-party outages, force majeure events, or other causes.

We may modify, add, or remove features at any time. If we make a change that we reasonably determine materially reduces the core functionality of your subscription during a paid term, we will provide reasonable notice and, at our option, offer a comparable replacement or a pro-rated credit toward a future invoice.

We do not offer a service-level agreement (SLA) with uptime credits unless we have signed a separate written agreement with you that includes one.

16. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, TRIDEN AI DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, TRIDEN AI DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (C) AI-GENERATED RESPONSES, TRANSCRIPTIONS, OR SUMMARIES WILL BE ACCURATE, COMPLETE, OR APPROPRIATE FOR ANY PARTICULAR PURPOSE; (D) ANY DEFECTS WILL BE CORRECTED; OR (E) THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OR THIRD-PARTY SERVICE.

YOU ACKNOWLEDGE THAT AI VOICE AGENTS MAY OCCASIONALLY MISHANDLE CALLS, MISTRANSCRIBE INFORMATION, OR PROVIDE RESPONSES BASED ON THE PROMPTS AND DATA YOU SUPPLIED, AND THAT YOU ASSUME THE RISK OF SUCH OCCURRENCES. TRIDEN AI MAKES NO GUARANTEE OF ANY SPECIFIC BUSINESS OUTCOME, INCLUDING BUT NOT LIMITED TO INCREASED REVENUE, IMPROVED CALL HANDLING, REDUCED MISSED CALLS, OR RETURN ON INVESTMENT.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

(A) IN NO EVENT WILL TRIDEN AI, ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS; OR COSTS OF SUBSTITUTE SERVICES — ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(B) TRIDEN AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (I) THE TOTAL FEES YOU PAID TO TRIDEN AI FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100).

(C) THE LIMITATIONS IN THIS SECTION APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. Indemnification

You agree to defend, indemnify, and hold harmless Triden AI and its officers, members, employees, contractors, agents, and licensors from and against any and all claims, demands, actions, investigations, damages, losses, liabilities, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

(a) Your use or misuse of the Service;

(b) Your violation of these Terms;

(d) The content of any prompt, script, disclosure, or business information you supplied to the AI agent;

(e) Any SMS, call, or other communication sent through your account, including any claim under the TCPA, CAN-SPAM Act, state consumer protection laws, or carrier rules;

(f) Any Client Data you uploaded, imported, or transmitted through the Service.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

19. Termination

Termination by You. You may terminate your subscription as described in Section 6.

Termination by Us. We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, if:

You breach these Terms or any other agreement with us;

Your use of the Service creates a risk of legal exposure, security, fraud, or carrier-rule violation;

A Third-Party Service provider requires us to terminate;

You initiate a chargeback in violation of Section 5;

You become insolvent, make an assignment for the benefit of creditors, or are subject to bankruptcy proceedings;

You provide false or materially misleading information during onboarding or at any time during the Service;

You fail to complete onboarding within 30 days of signup;

You fail to pay fees when due;

Required by law, regulation, or court order.

Effect of Termination. Upon termination: (a) all licenses granted to you end immediately; (b) you must stop using the Service; (c) any fees owed up to the effective date of termination remain payable; (d) we may delete your Client Data subject to Section 9 and our Privacy Policy. In the event of termination for cause, no refund of prepaid subscription fees or the Setup Fee will be issued.

Survival. Sections 5 (for unpaid amounts), 6, 9 (Data Retention provisions), 11, 12, 13, 14, 16, 17, 18, 20, 21, 22, 24, and 25, along with any other provisions that by their nature should survive, will survive termination.

20. Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics or public-health emergencies, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications outages, third-party platform outages (including Vapi, Twilio, Stripe, GoHighLevel, and n8n), AI model provider outages, carrier filtering or blocking, denial-of-service attacks, power failures, or other similar events. The affected party will notify the other promptly and resume performance as soon as reasonably practicable.

21. Dispute Resolution, Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

Informal Resolution. Before initiating any formal proceeding, you agree to first contact us at support@tridenai.com and provide a written description of the dispute and the relief requested. The parties will attempt in good faith to resolve the dispute informally for at least 30 days before either party may initiate arbitration.

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or its Consumer Arbitration Rules where applicable). The arbitration will be conducted by a single arbitrator in Milwaukee, Wisconsin, or by video conference. The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction.

Exceptions. Either party may bring an individual action in small-claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.

Class Action Waiver. YOU AND TRIDEN AI EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS PROCEEDING.

Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TRIDEN AI EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

Costs. Each party shall bear its own attorneys' fees and costs unless the arbitrator determines a claim was frivolous or brought in bad faith, in which case the arbitrator may award fees to the prevailing party.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to support@tridenai.com within 30 days of first accepting these Terms. Your notice must include your name, business name, account email, and a clear statement that you wish to opt out.

22. Governing Law & Jurisdiction

These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Wisconsin, without regard to its conflict-of-laws principles. Triden AI LLC is registered in the State of Wisconsin, and Wisconsin law governs all matters relating to these Terms and the Service regardless of the state in which Client is located or conducts business. Subject to Section 21, any action not subject to arbitration will be brought exclusively in the state or federal courts located in Milwaukee County, Wisconsin, and each party consents to personal jurisdiction and venue in those courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

23. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice by email to the address on your account or by posting an updated version on our website with a new "Last Updated" date, at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, your sole remedy is to cancel your subscription in accordance with Section 6.

24. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy and any order form or written agreement we sign with you, constitute the entire agreement between you and Triden AI regarding the Service and supersede all prior or contemporaneous agreements, proposals, or representations on the subject.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

No Waiver. Our failure to enforce any right or provision under these Terms is not a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms, in whole or in part, without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

Notices to You. We may provide notices by email to the address on your account, by posting on our website, or through the Service. It is your responsibility to maintain a current, valid email address on file. Notices are deemed received on the next business day after sending.

Notices to Us. Legal notices must be sent in writing to support@tridenai.com.

Relationship of the Parties. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship.

Headings. Section headings are for convenience only and have no legal effect.

25. Contact Us

If you have any questions about these Terms, please contact us:

Triden AI LLC

Email: support@tridenai.com

Web: tridenai.com

Questions?

Our team is here to help clarify any aspects of these terms.

Email support@tridenai.com