Terms of Service

Last updated: November 10, 2026

These Terms of Service ("Terms") govern your use of Fonoster Cloud, the hosted service at app.fonoster.ai and api.fonoster.ai, and the websites at fonoster.com and fonoster.ai (together, the "Service"), provided by Fonoster Inc. ("Fonoster", "we", "us"). By creating an account or using the Service, you agree to these Terms. If you use the Service for an organization, you agree on its behalf and confirm you have the authority to do so.

The open-source Fonoster software is licensed separately under the MIT License. These Terms do not apply to copies of that software you run yourself.

1. Your account

You must be at least 18 years old and give accurate information when you sign up. You are responsible for your account, your workspaces, your API keys and everything done with them. Keep your credentials secret and tell us right away at team@fonoster.com if you think they were compromised.

2. Plans, credits and payment

• New accounts start on a trial with free credits. Paid plans are billed monthly in advance and include a monthly credit allowance, as described on our pricing page.
• Calls, numbers, speech, language models and other usage consume credits at the rates shown in the dashboard. You may buy top-up credits at any time; top-up credits expire 12 months after purchase. Monthly plan credits do not roll over.
• Payments are processed by Stripe. You authorize us to charge your payment method for your plan, top-ups, and applicable taxes.
• Fees are non-refundable except where the law requires otherwise. We may change prices with at least 30 days' notice; the change applies from your next billing period.
• If a payment fails or your credits run out, we may suspend paid features or calls until the balance is settled.

3. Acceptable use

You are responsible for the calls, messages and content that go through your account, and for following the laws that apply to them, including telemarketing, robocall, consent, call-recording and data-protection laws. You must not use the Service to:

• place unsolicited, fraudulent, harassing or illegal calls, or spoof caller ID;
• record or transcribe calls without the notice and consent the law requires;
• rely on the Service for emergency calls (it is not a replacement for a telephone service that reaches emergency numbers such as 911);
• infringe the rights of others, or send malware or abusive content;
• disrupt, probe or overload the Service, or get around its limits or security;
• resell the Service without our written permission.

We may suspend or limit an account that breaks these rules or puts the Service, carriers or other customers at risk, and we will tell you when we do unless the law or the risk prevents it.

4. Your content

Your content (agent configurations, prompts, knowledge files, call recordings, transcripts and call records) remains yours. You grant us a limited license to host, process and transmit it only to provide and support the Service. When you configure third-party providers (for example speech-to-text, text-to-speech, language-model or carrier providers), we send them the data they need to perform the service you chose, and their own terms also apply. Our Privacy Policy explains how we handle personal data.

5. Our service

We own the Service and our trademarks. Apart from the open-source licenses that apply to our software, these Terms give you no rights to them. We may change, add or remove features. If you send us feedback, we may use it without obligation to you.

We work to keep the Service available and secure, but we do not promise it will be uninterrupted or error-free. Call quality and delivery also depend on carriers and third-party providers outside our control.

6. Ending your use

You may stop using the Service and delete your workspaces at any time. We may end or suspend your access if you materially break these Terms, if required by law, or with 30 days' notice for any other reason. After your account ends, we delete your content within a reasonable time, except where we must keep it by law.

7. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AI-generated speech and responses can be wrong; you are responsible for how your agents behave and for reviewing their output.

8. Limitation of liability

TO THE EXTENT THE LAW ALLOWS, FONOSTER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM ABOUT THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

9. Indemnity

You will defend and indemnify Fonoster against third-party claims arising from your content, your calls, or your breach of these Terms or the law.

10. Changes to these Terms

We may update these Terms. We will post the new version here with a new date and, for material changes, notify you by email or in the dashboard at least 30 days before they take effect. Continuing to use the Service after that means you accept them.

11. Governing law

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. Any dispute about the Service or these Terms will be resolved in the state or federal courts located in California, and you and Fonoster consent to their jurisdiction. Nothing here limits rights you have under the mandatory consumer laws of the place where you live.

12. General

These Terms are the entire agreement between you and Fonoster about the Service, unless you have signed a separate agreement with us, which then prevails. If a provision is unenforceable, the rest stays in effect. You may not assign these Terms without our consent. Failure to enforce a provision is not a waiver.

13. Contact

Questions about these Terms: team@fonoster.com.