Terms and Conditions

Last Updated: January 25, 2025

1. Terms

By accessing the website, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

I. modify or copy the materials;

ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

iii. attempt to decompile or reverse engineer any software contained on the website;

iv. remove any copyright or other proprietary notations from the materials; or

v. transfer the materials to another person or "mirror" the materials on any other server.

b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

a. The materials on the website are provided on an 'as is' basis. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

b. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall we or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the website, even if we or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on the website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its website are accurate, complete or current. We may make changes to the materials contained on its website at any time without notice. However, we do not make any commitment to update the materials.

6. Links

We have not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user's own risk.

7. Modifications

Voice Data:

* GerardiAI may record, store, and process voice data for service improvement

* Voice recordings will be stored securely and retained only as long as necessary

* Subscriber grants GerardiAI permission to use anonymized voice data for AI training

AI Models:

* GerardiAI maintains ownership of all AI models and improvements

* Training data will be anonymized before use in model development

* Subscriber-specific customizations remain Subscriber's property

Service Level Agreement:

* GerardiAI targets 99.9% uptime for voice and AI services

* Support response within 24 hours for critical issues

* Scheduled maintenance will be announced 48 hours in advance

Usage Restrictions:

* No impersonation or deepfake creation

* No automated abuse or stress testing without permission

* No use for illegal or fraudulent purposes

* Maximum concurrent sessions as specified in Subscriber's plan

SMS Communications

By opting in to receive SMS communications from GerardiAI, you agree to the following terms related to text messaging:

*Opt-Out Instructions: You may opt out of receiving SMS messages at any time by replying STOP to any message. You will receive a confirmation message and no further messages will be sent unless you re-subscribe.

*Help Instructions: If you need assistance, reply HELP to any message or contact us at [email protected] or 857-567-6695.

*Message Frequency: Message frequency may vary depending on your interactions with GerardiAI’s services, but typically includes booking confirmations, reminders, and important updates.

*Data Rates Disclaimer: Message and data rates may apply based on your mobile carrier and service plan. Please consult your wireless provider for more information.

*Carrier Liability Disclaimer: Carriers are not liable for delayed or undelivered messages.

By providing your mobile number and opting in, you consent to receive text messages from GerardiAI for service-related purposes, including appointment reminders, follow-ups, and promotional updates, as outlined above.

Subscriber Representations and Warranties

Subscriber represents and warrants that:

* It is duly organized, validly existing and in good standing under applicable laws

* It has the right and full power and authority to enter into these Terms

* It will comply with all applicable laws and regulations in connection with its use of the Services

* Its access to and collection, use, storage, and handling of data complies with all applicable laws

No Subscriber Data:

* Infringes any intellectual property or other rights of any third party

* Contains any defamatory, libelous, offensive or harmful material

* Contains any viruses, worms or other harmful components

It has the legal right to provide any data for the purposes set forth herein

Subscriber Data

Ownership: GerardiAI acknowledges that Subscriber owns all right, title, and interest in the information, data, and content submitted through the Services ("Subscriber Data").

License: Subscriber grants GerardiAI a non-exclusive, royalty-free license to use, process, and analyze Subscriber Data for fulfilling obligations under these Terms. GerardiAI commits to using Subscriber Data in aggregate and anonymized form, refraining from using Subscriber's Confidential Information for training its platform or third-party AI models.

Retention: Usage Data notwithstanding anything to the contrary herein, Subscriber acknowledges that GerardiAI may obtain usage, technical, and statistical data regarding Subscriber's use of Services ("Usage Data"). GerardiAI, as the sole owner of Usage Data, may transfer, use and disclose it in aggregated and anonymized form, ensuring removal of personal information or any data identifying Subscriber.

Confidentiality

Definition of Confidential Information: A party ("Receiving Party") may, while accessing the Service, acquire information of the other party ("Disclosing Party") that such Disclosing Party designates in writing as confidential or that a reasonable person would understand to be confidential ("Confidential Information").

Treatment of Confidential Information: The Receiving Party shall not disclose Confidential Information except on a need-to-know basis to certain individuals and shall use it only for fulfilling obligations under these Terms.

Return and Remedies: Upon request or termination, the Receiving Party shall promptly return or destroy all copies of Confidential Information. The Receiving Party acknowledges that unauthorized disclosure would cause irreparable harm, allowing the Disclosing Party to seek injunctive relief and pursue other legal remedies.

Indemnification

* Subscriber shall indemnify, defend and hold GerardiAI, its affiliates and their respective directors, officers, employees and independent contractors harmless (the "Company Indemnified Parties") from and against any and all costs, liabilities, losses and expenses, including, but not limited to, reasonable attorneys' fees resulting from or arising out of any claim, suit, action, arbitration or proceeding brought by a third party against an Company Indemnified Party relating to:

* Any breach by Subscriber of any of its representations, warranties, covenants or obligations hereunder;

* Infringement or misappropriation of any Intellectual Property Rights by Subscriber;

* Any negligence or willful misconduct of Subscriber or its representatives.

Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts. Claims, disputes, and suits must be brought exclusively in state or federal courts located in Massachusetts. Each party consents to the jurisdiction of Massachusetts courts for all matters arising from these Terms.

Limitation of Liability

* GerardiAI will not be liable to Subscriber for any incidental, indirect, consequential, special, exemplary or punitive damages of any kind (including, but not limited to, lost revenues or profits) arising from or relating to these Terms, regardless of whether GerardiAI was advised, had other reason to know, or in fact knew of the possibility thereof. This applies even if a remedy set forth herein is found to have failed of its essential purpose. GerardiAI's total liability to Subscriber under this Agreement will not exceed the total amount paid to GerardiAI by Subscriber in the twelve (12) months immediately preceding the date in which the cause of action arose. No action shall be brought by GerardiAI for any claim relating to or arising out of these Terms more than one year after the accrual of such cause of action.

* Subscriber is solely and exclusively responsible for all acts or omissions that it, its Authorized Users or others on its behalf conduct in connection with its use of the Services and Output Data, and for all consequences resulting from such activities or actions.

* GerardiAI is not responsible for any direct or indirect damages, including bodily harm or damage to property, caused as a result of Subscriber's or its Authorized Users' decision to act in one way or another based on any Output Data and any other content produced by the Services. Any reliance on any of the foregoing is at Subscriber's full and exclusive risk.

Compliance with Laws

Subscriber agrees to use the Services in accordance with all applicable laws and regulations, including but not limited to privacy laws, data protection regulations, and telecommunications laws. Subscriber bears sole responsibility for ensuring compliance with these laws and regulations.

Age Verification and Eligibility

* By accessing, registering for, or using GerardiAI's Services, you expressly warrant and represent that you are at least 18 years of age or older, and have the legal capacity to enter into these Terms and Conditions.

* GerardiAI strictly prohibits the use of its Services by individuals under the age of 18. This includes, but is not limited to:

* Creating or attempting to create an account

* Accessing or using any features of the Services

* Submitting any personal information to GerardiAI

* Engaging with any aspect of the platform or its generated content

* Account holders and Subscribers are responsible for ensuring that any authorized users accessing their account meet the minimum age requirement of 18 years.

* If GerardiAI discovers or has reason to suspect that a user is under 18 years of age, we reserve the right to:

* Immediately terminate the user's access to the Services

* Delete any accounts associated with the underage user

* Remove all personal information collected from the underage user from our systems

* Refuse any future registration attempts until proof of age is provided

* Parents or legal guardians who discover that their child has submitted personal information or created an account with GerardiAI should contact us immediately for prompt removal of the information and account termination.

* GerardiAI may implement age verification measures at any time, including but not limited to:

* Requiring proof of age documentation

* Implementation of age verification technology

* Additional verification steps during registration

* Any attempt to circumvent these age restrictions or falsify age verification information constitutes a violation of these Terms and may result in immediate termination of access to the Services and potential legal action.