Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between Teamsync Software Inc., doing business as Twig (“Twig,” “we,” “us”), and the business or organization that creates an account or uses the Service (“Customer,” “you”).

By creating an account, starting a trial, or using the Service, you accept these Terms. If you accept them on behalf of a company, you confirm you have authority to bind it. If you do not agree, do not use the Service.

The Service is for business use only. You must be at least 18 years old and able to form a binding contract. If you and Twig sign an order form or master agreement, its terms control where they conflict with these Terms.

• Service means Twig's hosted software, including Sera, the AI receptionist; the dashboard at app.twig.so; phone numbers we provision; APIs, widgets and integrations; and related support.
• Sera means the AI agent that answers calls, texts, web chats, email and other messages on your behalf, qualifies callers, and books appointments.
• End Users means the people who contact you through the Service, such as callers, texters and website visitors.
• Customer Data means data you or your End Users submit to the Service, including call audio, recordings, transcripts, messages, contact details, appointment details and the knowledge you give Sera.
• Output means responses, summaries, transcripts and other content the Service generates from Customer Data.
• Plan means the subscription tier you select, with the usage allowances and prices shown on our pricing page or your order form.

You must give accurate account and billing information and keep it current. You are responsible for everyone you invite to your account and for all activity under it.

Keep your login credentials confidential. Tell us right away at support@twig.so if you suspect unauthorized access. We are not liable for losses caused by credentials you failed to protect.

Free trial

New accounts may start a 15-day free trial, voice included, with no credit card required. Trial usage may be limited. At the end of the trial, the Service stops unless you choose a paid Plan. We may change or end trial offers at any time.

Subscriptions

Paid Plans are billed monthly in advance unless your order form says otherwise, and renew automatically each month until cancelled. You authorize us and our payment processor to charge your payment method for each renewal.

Usage and overages

Each Plan includes the chats and voice minutes shown on the pricing page. Usage above those allowances is billed in arrears at the overage rates shown there. If you are consistently above your Plan, we may suggest an upgrade.

Taxes, late payment and price changes

Prices exclude taxes, which you are responsible for (other than taxes on our income). If a payment fails, we may retry it and, after notice, suspend the Service until the balance is paid. We will give at least 30 days' notice before a price increase takes effect on your account.

Cancellation and refunds

You can cancel anytime from your account or by emailing support@twig.so. Cancellation takes effect at the end of the current billing period, and you will not be charged again. Fees already paid are non-refundable except where the law requires otherwise.

Sera communicates with End Users on your behalf, so you are responsible for making those communications lawful. In particular, you are responsible for:

• Consent to contact. Getting any consent the law requires before Sera places outbound calls or sends texts, including under the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, and state telemarketing and do-not-call laws, and honoring opt-outs.
• Recording and AI disclosures. Giving any notice and getting any consent required to record or transcribe calls (some states require all parties to consent) and to tell callers they are speaking with an AI agent where the law requires it. The Service lets you configure a greeting for this purpose.
• Messaging rules. Completing carrier registration required for business texting (such as A2P 10DLC), following carrier and CTIA messaging guidelines, and complying with CAN-SPAM for email.
• Phone numbers. Having the right to use, forward or port any number you connect to the Service.
• Your instructions and knowledge. Reviewing the information, scripts and rules you give Sera so they are accurate, lawful and current.

We may suspend outbound calling or texting if we reasonably believe it violates these rules or carrier requirements.

You will not, and will not allow anyone else to:

• Use the Service for anything unlawful, deceptive or fraudulent, or to impersonate any person or business.
• Send spam, unsolicited robocalls or texts, or messages to people who have opted out.
• Harass, threaten or abuse anyone, or generate hateful, sexually explicit or violent content.
• Submit protected health information (PHI) regulated by HIPAA, full payment card numbers, government ID numbers, or other sensitive data the Service is not designed to protect. Twig is SOC 2 Type 2 certified but is not HIPAA compliant and does not sign business associate agreements.
• Use the Service as a substitute for emergency services or to handle emergency calls.
• Use Output as the sole basis for decisions with legal or similarly significant effects on a person, such as credit, employment, housing or insurance eligibility decisions.
• Knowingly collect data from children under 13.
• Copy, reverse engineer or resell the Service; probe or break its security; overload it; or get around usage limits.
• Upload malware or content that infringes someone else's rights.

We may remove content or suspend accounts that violate this section.

Sera uses machine learning, including large language models, speech recognition and speech synthesis. AI can make mistakes. Output may be incomplete, inaccurate or out of date, and you should review it before relying on it.

Sera is not a licensed professional. Output is not legal, medical, financial, tax or insurance advice. Sera does not bind insurance coverage, quote final premiums, approve claims, or make commitments that require a license; those decisions stay with your licensed staff. You configure what Sera may and may not say, and you are responsible for answers given within that configuration.

As between you and Twig, you own Output generated from your Customer Data, subject to our rights in the Service itself.

You own your Customer Data. You give Twig a worldwide, limited license to host, process, transmit and display Customer Data only as needed to provide, secure, support and improve the Service, and as these Terms or the law otherwise allow.

We do not use Customer Data to train AI models that are made available to other customers. We may use aggregated or de-identified data that does not identify you or any person to operate, measure and improve the Service.

You confirm you have the rights and gave the notices needed for us to process Customer Data under these Terms. Our Privacy Policy explains how we handle personal information. A data processing addendum is available on request at support@twig.so.

The Service can connect to tools you choose, such as calendars, CRMs, email, and telephone carriers. Your use of those tools is governed by their own terms, and you authorize us to exchange data with them on your behalf. We are not responsible for third-party services, their availability, or changes they make that affect an integration.

We maintain administrative, technical and physical safeguards designed to protect Customer Data, including SOC 2 Type 2 controls, encryption at rest (AES-256) and in transit (TLS 1.3), and role-based access controls. See our Security page. No system is perfectly secure. We will notify you without undue delay after confirming a security incident that affects your Customer Data.

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would treat as confidential. The receiving party will use it only to perform under these Terms, protect it with reasonable care, and share it only with people who need it and are bound by similar duties. This does not apply to information that is public, already known, independently developed, or rightfully received from someone else. A party may disclose confidential information when the law requires, after giving notice where allowed.

Twig and its licensors own the Service, including its software, models, designs and documentation. Except for the rights expressly granted to you, no rights are transferred. Subject to these Terms, we grant you a non-exclusive, non-transferable right to use the Service for your internal business purposes during your subscription.

If you send us suggestions or feedback, we may use them without any obligation to you.

We work to keep the Service available but do not guarantee uninterrupted operation. Scheduled maintenance, carrier outages and third-party failures can affect it. Unless your order form includes a service level agreement, no uptime commitment applies. We may add, change or remove features; if we remove a material feature you pay for, we will give reasonable notice. Support is provided by email at support@twig.so.

These Terms apply from when you first use the Service until your account is closed. Either party may end the subscription as described in the billing section. Either party may also terminate if the other materially breaches these Terms and does not cure the breach within 30 days of written notice.

We may suspend the Service immediately if your use threatens the Service's security or other customers, violates the law or the acceptable use rules, or exposes us to liability. We will restore access once the issue is resolved.

After termination, you may export your Customer Data for 30 days. After that, we will delete it from active systems, and backups expire on their normal schedule, unless the law requires us to keep it. Sections that by their nature should survive termination, including payment, data, confidentiality, disclaimers, liability and governing law, survive.

Each party confirms it has the authority to enter into these Terms. We will provide the Service in a professional manner consistent with industry standards.

Except as expressly stated in these Terms, the Service and Output are provided “as is” and “as available.” To the fullest extent the law allows, Twig disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the Service or Output will be accurate, error-free or uninterrupted.

By Twig. We will defend you against third-party claims alleging that the Service, as we provide it, infringes that party's intellectual property rights, and pay resulting damages finally awarded or agreed in settlement. This does not apply to claims caused by Customer Data, your modifications, or combinations with things we did not provide. If a claim is likely, we may modify the Service, get you the right to keep using it, or end your subscription and refund prepaid fees for the unused period.

By you. You will defend Twig against third-party claims arising from your Customer Data, your communications with End Users (including claims under the TCPA, call recording or telemarketing laws), or your breach of the acceptable use rules, and pay resulting damages finally awarded or agreed in settlement.

The party seeking defense must give prompt notice, reasonable cooperation, and control of the defense. The defending party may not settle a claim that imposes obligations on the other party without its consent.

To the fullest extent the law allows, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business or data, even if advised of their possibility.

Each party's total liability arising out of these Terms will not exceed the fees you paid or owe Twig in the 12 months before the event giving rise to the claim.

These limits do not apply to your payment obligations, a party's indemnification obligations, breach of the acceptable use rules, or liability that cannot be limited by law.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of these Terms will be brought exclusively in the state or federal courts located in San Francisco County, California, and each party consents to their jurisdiction. Either party may seek injunctive relief in any court to protect its intellectual property or confidential information.

Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other and negotiating in good faith for 30 days.

We may update these Terms. If a change is material, we will give at least 30 days' notice by email or in the Service before it takes effect. Your continued use after the effective date means you accept the updated Terms. If you do not agree, you may cancel before the change takes effect.

• Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition or sale of substantially all of its assets.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, such as carrier or internet outages, natural disasters or government action. This does not excuse payment.
• Notices. We send notices to your account email. Send notices to us at support@twig.so.
• Publicity. We may name you as a customer and show your logo. Email us to opt out.
• Export and sanctions. You will not use the Service in violation of U.S. export or sanctions laws.
• Relationship. The parties are independent contractors. These Terms create no partnership, agency or employment relationship.
• Entire agreement. These Terms, any order form, and the policies they reference are the entire agreement on this subject. If a provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver.

Questions about these Terms: Teamsync Software Inc., support@twig.so.