Terms of Use

Effective Date 01/01/2024


Section 1: Introduction and Agreement to Terms

Welcome to our Website. These terms of use are entered into between You and Ai Speakly, LLC (“Company,” “we,” or “us”). The following terms, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://aispeakly.com/, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

By accessing the Website or by indicating agreement when prompted, you acknowledge and agree to adhere to these Terms. Non-agreement to these Terms requires abstention from using the Website.

By using the Website or any AI voice-calling or text-messaging functions, you acknowledge that Ai Speakly provides a technology platform only and does not originate, direct, or control any communications placed by users through the platform. All compliance with telemarketing, privacy, and consent laws rests solely with the user.

Section 2: User Eligibility and Professional Criteria

This Website is expressly intended for users who are 18 years of age or older. You represent and warrant that you have not registered on a national or statewide Do Not Call list; you are the account holder for the email addresses and phone numbers you provided, or you have authorization from the account holder to give this consent, and you will let us know if you release them to another person or individual. Additionally, if the laws of your jurisdiction require, you must be a licensed professional in the real estate or mortgage sector to use our services.

You further represent and warrant that:

All leads, phone numbers, and contacts uploaded or called through the Ai Speakly platform have provided valid, prior express written consent as required by the Telephone Consumer Protection Act (47 U.S.C. §227) and any state “mini-TCPA” laws.

You will comply with all applicable FCC rules, FTC Telemarketing Sales Rule (TSR), and Do Not Call (DNC) regulations.

You will immediately remove any contact who revokes consent or requests not to be called.

If you do not meet these requirements, you are prohibited from accessing or using the Website.

Section 3: Amendments and Revisions to Terms

We reserve the unilateral right to update and revise these Terms of Use periodically. All changes become effective immediately upon posting and apply to all subsequent access and use of the Website.

Material revisions addressing regulatory or compliance matters—such as updates required by FCC or FTC orders—will be deemed incorporated automatically to ensure continued adherence to applicable law. Ai Speakly may provide notice via email or in-platform alert when compliance updates are implemented.

Your continued use of the Website following the posting of revised Terms means your acceptance of these changes.

Section 4: Communication Consent and Methods

By providing your contact information, you explicitly consent to receive communications from us. These may include telemarketing messages and other forms of contact via email, landline, cellular phone, fax, and text (SMS/MMS). We may utilize automatic telephone dialing systems (“auto-dialers”), artificial or prerecorded voices, and robotexts for this purpose.

You acknowledge that AI-generated or synthesized voices qualify as “artificial or prerecorded voices” under 47 C.F.R. §64.1200 (as clarified by the FCC in February 2024). Any use of the Ai Speakly platform to send such messages requires the user to have obtained prior express written consent from each recipient.

Consent to communications is not a condition for purchasing any goods or services. You can revoke consent for each channel individually—for instance, replying “STOP” to a text will cease SMS communications.

Consistent with the FCC Opt-Out Rule effective April 11, 2025, revocations must be honored within 10 business days of receipt.

Your consent here also serves as your express written consent to electronic communications from us in the past.

Section 5: Geographic and Technical Restrictions

The availability of our Website and its services is confined to users in specified geographical areas and may be limited by technical compatibility issues with certain carriers or devices.

Access is prohibited from any jurisdiction that restricts outbound telemarketing or AI-assisted calling without registration or disclosure. Users are responsible for ensuring their use of the platform does not violate any state-level calling curfews or time-zone restrictions (e.g., Florida FTSA 8 a.m.–8 p.m. local time).

Section 6: Provisions for Canadian Residents

For residents of Canada, in addition to the general terms agreed upon, you also acknowledge and agree to comply with CASL, PIPEDA, and provincial privacy laws.

You must obtain express consent from Canadian recipients before sending AI-assisted or prerecorded messages and must include a clear opt-out mechanism in every message as required by CASL.

Section 7: Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website and any service or material we provide without notice.

Accounts found to engage in unlawful telemarketing activity or patterned violations of DNC or revocation rules may be suspended or terminated at our discretion. Ai Speakly retains the right to log usage and retain records of communications for audit or law-enforcement requests.

Section 8: Intellectual Property Rights

The content, features, and functionality of the Website, including text, graphics, logos, images, and their arrangement, are owned by the Company, its licensors, or other content providers. These elements are protected under copyright, trademark, patent, trade-secret, and other intellectual-property laws.

You acknowledge that any AI-generated scripts, prompts, or voice outputs created within the Ai Speakly platform are derivative works created using our proprietary tools. All platform algorithms, models, and related data remain the sole property of Ai Speakly, LLC. Users may access and export their call data and transcripts only for lawful business use consistent with these Terms.

Any use of the Website not expressly permitted by these Terms constitutes a breach and may violate copyright, trademark, and other laws.

Section 9: User Contributions and Interactive Services

The Website may contain interactive features that allow users to post or transmit materials (“User Contributions”). All such Contributions are non-confidential and non-proprietary.

You agree not to upload, transmit, or otherwise share any scripts, contact lists, or call content that contain personal information or that would violate data-protection or privacy laws, including but not limited to TCPA, TSR, CAN-SPAM, CASL, or state privacy statutes. Ai Speakly reserves the right—but not the obligation—to review, flag, or remove any material that may expose the Company to regulatory risk.

Ai Speakly is not responsible or liable to any third party for the content or accuracy of User Contributions posted by any user.

Section 10: Content Standards

User Contributions must comply with all applicable laws and may not contain defamatory, obscene, abusive, harassing, or infringing material.

In addition, no User Contribution or campaign content may include any deceptive or misleading language regarding the source, identity, or purpose of a call or message, nor may it misrepresent AI-generated voices as human callers without clear disclosure where required by law (47 C.F.R. § 64.1200(f)(10)).

Section 11: Prohibited Uses

In using the Website and Services you must comply with all federal, state, local, and international laws.

Specifically, users are prohibited from:

Initiating any call, text, or voicemail drop without having verifiable, prior express written consent from the recipient if required under the TCPA or state law.

Using the platform to spoof or manipulate caller ID information, in violation of the Truth-in-Caller-ID Act (47 U.S.C. § 227(e)).

Contacting numbers on the National DNC Registry or any state DNC list without a valid established business relationship or written consent.

Failing to immediately process opt-out or “STOP” requests.

Using prerecorded or AI-generated messages to advertise or promote goods or services to wireless numbers without written consent.

Any account found to engage in prohibited communications may be suspended or terminated immediately. The Company may report confirmed violations to regulatory agencies.

Section 12: Disclaimer of Warranties

Your use of the Website is at your own risk. The Website is provided “as is” and “as available.”

Platform Tool Disclaimer: Ai Speakly provides technology enabling users to automate and manage communications. Ai Speakly does not originate, monitor, or verify the content, timing, or recipient of any message or call sent through the platform. Users are solely responsible for compliance with all telemarketing, consent, and privacy requirements.

Ai Speakly disclaims all warranties of any kind, express or implied, including merchantability, non-infringement, and fitness for a particular purpose.

Section 13: Limitation on Liability

To the fullest extent permitted by law, Ai Speakly and its affiliates are not liable for any indirect, consequential, or punitive damages arising from your use of the Website.

In addition, Ai Speakly shall not be liable for any regulatory fines, penalties, or damages arising from your communications, campaigns, or use of the platform where such actions were initiated or configured by you or your agents. Your sole and exclusive remedy for any dispute shall be limited to the greater of $300 or the amount paid to Ai Speakly for the service in question.

Section 14: Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against all claims, damages, fines, penalties, or expenses arising out of your violation of these Terms.

This includes, without limitation, any (1) alleged violations of the TCPA, TSR, FCC or FTC regulations, state “mini-TCPA” laws, or DNC rules; (2) claims from individuals alleging unwanted or unauthorized communications; and (3) government investigations or enforcement actions. Your duty to indemnify includes all reasonable attorney fees, settlements, and compliance costs incurred by Ai Speakly in responding to such matters.

Section 15: Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice-of-law or conflict-of-law rule.

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Website shall be instituted exclusively in the federal or state courts located in Jacksonville, Florida.
You waive all objections to jurisdiction or venue in such courts.

You further agree that any claim involving federal communications law (e.g., TCPA, TSR, or FCC enforcement) shall be filed only in a court of competent jurisdiction in the State of Florida, and that both parties consent to personal jurisdiction therein.

Section 16: Arbitration

At the Company’s sole discretion, it may require you to submit any disputes arising from the use of the Website or these Terms of Use to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

The arbitration clause shall not prevent Ai Speakly from seeking injunctive or equitable relief (including the suspension of an account or cooperation with regulators) to protect its compliance interests or intellectual-property rights.

Section 17: Time Limitation on Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one year after the cause of action accrues, otherwise such claim is permanently barred.

This limitation applies equally to any claim arising from alleged unlawful communications, data use, or compliance violations associated with your account activity.

Section 18: Waiver and Severability

No waiver by the Company of any term or condition shall be deemed a continuing waiver of such term or condition or a waiver of any other term.
If any provision is held invalid or unenforceable, it shall be limited or eliminated to the minimum extent necessary so the remaining provisions remain in full force.

In particular, if any provision relating to arbitration, indemnification, or compliance monitoring is deemed unenforceable, the remainder of those obligations shall still apply to the fullest lawful extent.

Section 19: Entire Agreement

These Terms of Use, together with the Privacy Policy and any posted legal notices, constitute the entire agreement between you and Ai Speakly regarding use of the Website.

Any conflicting language in prior versions of the Terms shall be superseded by this version, which reflects updates for 2025 FCC and state telemarketing regulations.

Section 20: Your Comments and Concerns

This Website is operated by Ai Speakly, LLC.
All feedback, comments, or requests for support should be directed to [email protected].
We welcome your questions and comments about these Terms and our services.

Compliance-related questions or reports of potential misuse may also be directed to the same address, with “Compliance Inquiry” in the subject line. Ai Speakly may retain such communications for audit purposes.

Section 21: Compliance and Audit Rights

Audit and Monitoring: Ai Speakly reserves the right to monitor usage patterns, review complaint data, and audit campaign activity to ensure adherence to applicable communications laws and these Terms.

Suspension and Termination: Accounts engaging in or suspected of engaging in unlawful, abusive, or non-consensual calling practices may be suspended or terminated immediately, with or without notice.

Data Retention: Ai Speakly may retain call logs, opt-out data, and campaign details for a reasonable period to demonstrate compliance and to cooperate with lawful investigations.

Regulatory Cooperation: Ai Speakly may share relevant records or information with federal or state authorities when required by law or when necessary to prevent harm or fraud.

No Waiver of Platform Neutrality: Nothing in this section shall be construed as Ai Speakly assuming control over user campaigns; monitoring is solely for risk-management and compliance-verification purposes.

[UPDATED on October 27, 2025]

This document has been updated to incorporate new FCC/TCPA AI-voice rules (47 C.F.R. § 64.1200), April 2025 opt-out requirements, strengthened indemnification, and a Compliance and Audit Rights section to reduce platform liability exposure.