Terms of Service

1. Agreement to these Terms

1.1 The parties. These Terms of Service (the “Terms”) are a binding agreement between Osis AI LLC (“Osis,” “Comms,” “we,” “us”) and the entity or individual accepting them (“Customer,” “you”). They govern your access to and use of the Comms platform, including the web application at comms.osis.co, our messaging lines, APIs, MCP tools, Documentation, and any related services (together, the “Service”).

1.2 Acceptance. By creating an account, accessing or using the Service, or purchasing a plan referencing these Terms, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

1.3 Authority. If you use the Service on behalf of a company or other legal entity, “Customer” refers to that entity and you represent that you have authority to bind it.

1.4 Order of precedence. If you purchase under a separate order form or plan terms presented in the product, those terms control for their subject matter, then these Terms, then the Documentation.

2. Definitions

2.1 “API Credentials” means API keys, tokens, secrets, session credentials, or other means of authenticating to the Service.

2.2 “Applicable Law” means all laws, regulations, rules, and binding directives applicable to a party, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Telemarketing Sales Rule, FCC rules and guidance, and applicable federal, state, local, and international privacy, marketing, consumer-protection, and telecommunications laws.

2.3 “Carrier Requirements” means requirements imposed by mobile network operators, aggregators, device platform operators, messaging infrastructure providers, and industry bodies — including CTIA Messaging Principles and Best Practices, A2P and 10DLC policies, sender registration and vetting requirements, throughput rules, and content restrictions — as updated from time to time.

2.4 “Customer Content” means data, content, and information submitted to, processed by, or transmitted via the Service by or on behalf of Customer, including agent instructions and configuration, knowledge sources, recipient phone numbers and audience records, message content, and campaign metadata.

2.5 “Documentation” means the technical documentation and usage guidelines for the Service that we make available.

2.6 “Recipient” means a person who receives, or is designated to receive, a message through the Service.

2.7 “Suppliers” means our vendors, subprocessors, carriers, aggregators, messaging infrastructure providers, model providers, payment processors, and other service providers used to deliver or support the Service.

3. The Service

3.1 What Comms is. Comms lets businesses create, configure, and operate AI-powered messaging agents that communicate with their customers over SMS, iMessage, email, and other channels we may support. The Service includes agent-building tools, provisioned messaging lines and numbers, a workspace dashboard (inbox, audiences, compose, analytics), and programmatic access through APIs, webhooks, and MCP tools.

3.2 Your traffic, our platform. The Service is designed for communications initiated and controlled by you. We provide infrastructure, tooling, and the AI runtime; the campaigns, agents, and messages are yours, and we do not originate, select, or control your message content, Recipients, or campaign purposes.

3.3 Evolution. We are building quickly. We may add, modify, or discontinue features, capacity, models, or channels, subject to Section 17 (Changes).

4. Eligibility and accounts

4.1 Eligibility. You must be at least 18 years old and able to form a binding contract. The Service is offered for lawful business use; it is not directed to children and may not be used to target minors.

4.2 Account. You sign in with a phone number verified by one-time code. You will provide accurate account information and keep it current. You are responsible for maintaining control of your sign-in phone number and for all activity under your account and workspace, including activity by teammates you invite.

4.3 Unauthorized access. Notify us promptly at support@osis.co if you suspect unauthorized access to your account. We may suspend accounts we reasonably believe are compromised.

4.4 Platform communications to you. By creating an account and verifying your phone number, you agree that Osis / Comms may contact you at that number and any email you provide for: (a) account security and authentication (including one-time verification codes); (b) transactional notices about your workspace, billing, lines, delivery failures, security, and product changes that affect the Service; and (c) limited product, onboarding, educational, and promotional messages about Comms and related Osis offerings — such as feature tips, usage guidance, webinars, plan options, and service updates. You may opt out of promotional texts by replying STOP to those messages or emailing support@osis.co; transactional and security messages may continue as needed to operate your account. Message and data rates may apply. We record your acceptance of these Terms and our Privacy Policy (including version and timestamp) at sign-in for compliance and audit purposes.

5. License and restrictions

5.1 License. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right during the Term to access and use the Service and Documentation for your internal business purposes, including to develop and operate agents, campaigns, and applications that interoperate with the Service.

5.2 Restrictions. You will not (and will not permit any third party to): (a) copy, modify, or create derivative works of the Service except as the Documentation expressly permits; (b) reverse engineer, decompile, or attempt to discover source code, models, or underlying algorithms, except to the extent such restriction is prohibited by law; (c) access or use the Service to build or benchmark a competing product; (d) remove proprietary notices; (e) interfere with or disrupt the Service, including by circumventing safeguards, compliance checks, monitoring, filters, kill switches, or rate limits; (f) resell, sublicense, or white-label the Service except under a separate written agreement with us; or (g) use the Service outside the scope of these Terms or the Documentation.

6. Messaging compliance

6.1 Required consents. You must obtain and maintain all legally required consents, permissions, and opt-ins for each Recipient before messaging them — including prior express written consent where required by the TCPA or other Applicable Law — and you must keep records sufficient to demonstrate that consent and provide them on request under Section 12 (Audit and cooperation).

6.2 Opt-outs. You must provide and honor opt-out mechanisms as required by Applicable Law and Carrier Requirements. The platform automatically processes STOP and similar carrier keywords and maintains suppression records; you must not circumvent, delay, or override an opt-out, or message an opted-out Recipient again without new consent.

6.3 No spam. You will not send spam or unsolicited messages, and you will not message purchased, rented, or scraped contact lists.

6.4 Prohibited content. You will not use the Service to create, send, or facilitate content that is illegal, fraudulent, deceptive, harmful, harassing, abusive, hateful, defamatory, or infringing, or content prohibited or restricted by Carrier Requirements (including regulated categories such as sex, hate, alcohol, firearms, and tobacco, except where expressly permitted by law and carrier rules with appropriate controls). You will not impersonate others or misrepresent sender identity or affiliation, including where a Recipient asks whether they are talking to an AI.

6.5 No circumvention. You will not evade or circumvent safeguards, sender vetting, throughput restrictions, or rate limits; attempt to route around carrier blocks; or engage in conduct that materially increases complaint rates or threatens deliverability for the network.

6.6 Vetting. We may require proof of consent practices, sender registration information, or sample content before or after enabling messaging, and may decline, throttle, pause, or block traffic that we reasonably believe creates legal, deliverability, or reputational risk.

7. AI agents and automated output

7.1 Probabilistic output. Agents on Comms are powered by machine-learning models. Model output is probabilistic and can be inaccurate, incomplete, or inappropriate despite the safeguards we build into the platform.

7.2 Your supervision. You are responsible for configuring, instructing, testing, and supervising your agents, and for everything your agents say and do on your behalf, including actions they take through tools you connect (for example recording a booking or calling an external system).

7.3 Not professional advice. Agent output is not legal, medical, financial, or other professional advice, and you will not configure agents to present it as such in regulated contexts without appropriate licenses and controls.

7.4 Platform safeguards. We apply platform-level controls — such as opt-out enforcement, secret-leak scanning, and content validation — but these do not replace your own review and compliance obligations.

7.5 Model changes. We may update, substitute, or retire underlying models and safety systems at any time to improve the Service.

8. Lines, deliverability, and third-party limits

8.1 Numbers stay with the platform. Phone numbers, sender identities, and messaging routes are provisioned by us or our Suppliers and remain part of the Service. You do not acquire ownership of any number. We may reassign, migrate, or reclaim numbers where required by carriers, law, capacity, or abuse prevention, using reasonable efforts to minimize disruption.

8.2 Third-party dependencies. Message transmission, routing, delivery, and timing depend on third-party platforms, operating systems, carriers, and networks (including, without limitation, Apple) that we do not control. Those providers impose their own volume caps, throughput limits, sender restrictions, and filtering, which may change at any time without notice.

8.3 Effects of limits. Messages approaching or exceeding third-party limits may be queued, delayed, throttled, filtered, blocked, or classified as spam by providers or recipient systems based on their own policies and algorithms.

8.4 No deliverability guarantee. We do not guarantee that any message will be delivered, delivered on time, read, or displayed in any particular way, and we have no liability for messages delayed, blocked, filtered, or misrouted by third-party providers or recipient systems. Shared lines may carry traffic from multiple workspaces, and the Service may be subject to capacity limits.

8.5 Best-practices guidance. Deliverability recommendations we publish are informational only; you remain responsible for your content, volumes, and sending practices.

9. Customer responsibilities and representations

9.1 Your campaigns. You are solely responsible for: message content; Recipient lists, list hygiene, and suppression lists; verifying the identity of intended Recipients and the legality of contacting them; and campaign setup, segmentation, timing, and frequency.

9.2 Representations. You represent and warrant that: (a) you have all rights, consents, and permissions needed for the Customer Content you use on the Service, including Recipient contact information; (b) your use of the Service will not violate Applicable Law, Carrier Requirements, or any third-party right; and (c) you will not use the Service for any purpose prohibited by these Terms.

10. Security and API credentials

10.1 Credential protection. You will safeguard API Credentials using reasonable administrative and technical measures — least privilege, secure storage, and rotation — and will not sell, share, or transfer them except to authorized personnel and contractors acting on your behalf under obligations at least as protective as these Terms. Anything done with your API Credentials is treated as done by you.

10.2 Incident notice. You will promptly (and in any event within 24 hours) notify us at support@osis.co of any suspected or actual compromise of API Credentials, unauthorized access, or security incident affecting the Service, Customer Content, or Recipients, and will take prompt corrective action and cooperate with our reasonable investigation and remediation requests.

11. Plans, fees, and payment

11.1 Fees. The Service offers a free tier and paid plans. Current pricing is presented in the product at the time of purchase. Paid subscriptions are billed through our payment partners; by purchasing, you also agree to the applicable payment partner’s terms. Except where required by law or expressly stated, fees are non-refundable and partial periods are not prorated on cancellation; you keep access through the end of the paid period.

11.2 Renewal. Subscriptions renew automatically for successive periods at the then-current rate unless cancelled before the renewal date. You can manage or cancel from workspace billing settings.

11.3 Taxes. Fees are exclusive of taxes. You are responsible for all sales, use, VAT, GST, and similar taxes, excluding taxes on our net income.

11.4 Usage limits and non-payment. Plans may include message, agent, line, or API limits; we may throttle or pause usage that exceeds them or require an upgrade. We may suspend or downgrade workspaces with unpaid amounts after reasonable notice, and overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by law, plus reasonable collection costs.

12. Audit and cooperation

12.1 Cooperation. You will promptly and reasonably cooperate with us, our Suppliers, carriers, regulators, and law enforcement in connection with: investigations of suspected violations of Applicable Law or Carrier Requirements; carrier inquiries, filtering, blocking, or complaint investigations; requests for proof of consent, opt-in records, campaign details, or suppression compliance; and remediation plans required to restore deliverability or program standing.

12.2 Information requests. On request, you will provide timely documentation reasonably necessary to demonstrate compliance, including consent records, message templates, sender registrations, opt-in flows, privacy notices, and complaint-handling processes.

12.3 Limited audits. If we reasonably believe you are violating these Terms or Carrier Requirements, or a carrier, Supplier, or regulator requires it, you will permit a limited audit of your relevant records and processes (remotely where feasible), subject to reasonable confidentiality protections.

13. Confidentiality

13.1 Definition. “Confidential Information” means non-public information disclosed by one party to the other in connection with these Terms that is designated confidential or reasonably should be understood as confidential. Customer Content is your Confidential Information; our non-public product designs, security architecture, pricing, and performance information are ours.

13.2 Obligations. The receiving party will use Confidential Information solely to perform under these Terms, protect it with at least reasonable care, and disclose it only to employees, contractors, and advisers who need to know and are bound by obligations at least as protective as this section.

13.3 Exclusions and compelled disclosure. These obligations do not apply to information that is or becomes public without breach, was known without restriction before receipt, is rightfully received from a third party, or is independently developed. If disclosure is required by law or court order, the receiving party will give prompt notice where legally permitted and disclose only the minimum required.

13.4 Survival. Confidentiality obligations survive for five years after termination; trade secrets remain protected for as long as they qualify as trade secrets under applicable law.

14. Your content and data

14.1 Ownership. As between you and us, you own your Customer Content.

14.2 License to us. You grant us a worldwide, non-exclusive license to host, store, process, transmit, display, and create operational copies of Customer Content as necessary to provide, secure, and support the Service, comply with Applicable Law and Carrier Requirements, and enforce these Terms. Our handling of personal data is described in the Privacy Policy; where required by applicable privacy law, the parties will enter into a data processing addendum.

15. Our intellectual property and feedback

15.1 Our IP. We and our licensors retain all right, title, and interest in and to the Service, APIs, models, Documentation, and all related technology and intellectual property. No rights are granted except as expressly stated in these Terms.

15.2 Feedback. If you or your team provide feedback, suggestions, or ideas, we may use them without restriction, attribution, or obligation, and you grant us a perpetual, irrevocable, worldwide, royalty-free license to do so.

16. Suppliers and third-party services

16.1 Use of Suppliers. We may use Suppliers to provide, route, deliver, filter, monitor, or support the Service, and may add or replace Suppliers from time to time. Where required by applicable privacy law, we maintain a list of subprocessors and update it as appropriate.

16.2 Flow-down requirements. Certain Suppliers and carriers impose requirements that apply to your use — registration, vetting, content restrictions, throughput, and complaint thresholds. You agree to comply with such requirements as we communicate them.

16.3 Your integrations. External systems you connect through integrations, webhooks, API keys, or MCP tools are governed by their own terms. We are not responsible for third-party services, and connecting one authorizes us to exchange data with it on your behalf as needed to operate the integration.

16.4 Beta features. Alpha, beta, preview, or experimental features are provided as-is, may change or be discontinued at any time, may be subject to additional terms, and should not be relied on for production-critical traffic.

17. Changes

17.1 Changes to the Service and Terms. We may update the Service, Documentation, and these Terms from time to time. We will provide notice of material changes as required by law or as reasonably practicable — for example in the product, in Documentation updates, or by message to your account.

17.2 Effect. Changes take effect on the date stated in the notice or, if none, on posting. Continued use of the Service after the effective date constitutes acceptance. If you do not agree, stop using the Service before the change takes effect.

18. Suspension, term, and termination

18.1 Immediate suspension. We may immediately suspend or restrict access to the Service (in whole or in part), without prior notice and without liability, if we reasonably determine that: your use violates these Terms, Applicable Law, or Carrier Requirements; your messaging creates legal, carrier, or regulatory risk to us or any Supplier; your traffic causes or is likely to cause harm, abuse, fraud, security risk, or material complaint rates; or a carrier or Supplier requires suspension, blocking, or takedown.

18.2 Remediation. We may require specific corrective actions as a condition of reinstatement — for example changes to consent flows, content, frequency, sender registration, suppression management, or security controls.

18.3 Term and termination. These Terms apply from your first acceptance and continue while you use the Service. You may stop using the Service and delete your workspace at any time. Either party may terminate for material breach that remains uncured 30 days after notice (or immediately if the breach is not curable, including unlawful messaging or intentional circumvention). We may also suspend or terminate free-tier workspaces that are inactive for an extended period, with notice where practicable.

18.4 Effect of termination. On termination: your right to access the Service ends; you will stop sending messages via the Service; any fees owed become immediately due; and we may delete Customer Content after a reasonable wind-down period, except records we retain under the Privacy Policy (such as audit logs and opt-out and consent records). Sections that by their nature should survive — including ownership, confidentiality, disclaimers, limitations of liability, indemnification, and dispute resolution — survive.

19. Disclaimers

19.1 As is. The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

19.2 Messaging not guaranteed. We do not warrant that messages will be delivered, received, read, or timely. Delivery and performance depend on carriers, networks, recipient devices, content filtering, and other factors outside our control.

19.3 No compliance warranty. We do not provide legal advice and do not warrant that your use of the Service will comply with Applicable Law or Carrier Requirements. You are solely responsible for your own compliance.

20. Limitation of liability

20.1 Exclusion of damages. To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business interruption, even if advised of the possibility.

20.2 Cap. To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of the fees paid or payable by you for the Service in the 12 months immediately preceding the event giving rise to the claim, or one hundred US dollars ($100).

20.3 Basis of bargain; exceptions. The limitations in this section are an essential basis of the bargain between the parties. They do not apply to your payment obligations, your indemnification obligations, your breach of Sections 5 (License and restrictions) or 6 (Messaging compliance), or liability that cannot be limited by law.

21. Indemnification

21.1 Your indemnity. You will defend, indemnify, and hold harmless Osis, its affiliates, and its and their officers, directors, employees, agents, and Suppliers from and against any claims, demands, actions, investigations, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Content, message content, sender identities, or campaigns transmitted through the Service; (b) your alleged or actual violation of Applicable Law, including the TCPA, CAN-SPAM, FCC rules, or privacy and consumer-protection laws; (c) your alleged or actual violation of Carrier Requirements; (d) any carrier, aggregator, or Supplier claim, penalty, or assessment attributable to your traffic, complaint rates, registration status, or content; (e) any claim by a Recipient or other person relating to unwanted messaging, privacy, consent, opt-out failures, misrepresentation, harassment, or content; and (f) your breach of these Terms. This indemnity expressly includes regulatory fines and penalties and carrier claims and assessments.

21.2 Process. We will promptly notify you of a claim (failure to do so relieves you only to the extent you are materially prejudiced), allow you to control the defense — provided you may not settle in a manner that admits fault by or imposes non-monetary obligations on us without our prior written consent — and provide reasonable cooperation at your expense.

22. Governing law and disputes

22.1 Governing law. These Terms are governed by the internal laws of the State of Delaware, without regard to conflict-of-law rules.

22.2 Informal resolution. Before filing a claim, you agree to contact us at support@osis.co and give us 30 days to work in good faith to resolve the dispute informally.

22.3 Arbitration. Any dispute not resolved informally will be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Delaware and conducted in English. Either party may instead bring an individual claim in small-claims court, and either party may seek equitable relief in court — including injunctive relief without posting a bond — for breach or threatened breach of Section 5 (License and restrictions) or Section 13 (Confidentiality) or for infringement of intellectual property.

22.4 Class waiver and opt-out. Both parties waive the right to a jury trial and agree that disputes may only be brought on an individual basis — not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You may opt out of arbitration by emailing support@osis.co within 30 days of first accepting these Terms.

23. Notices

23.1 Method. Notices must be in writing. We may provide notices in the product, by message to your account phone number, or by email you provide; operational notices may appear in the dashboard or Documentation. Legal notices to us go to support@osis.co.

23.2 Deemed receipt. Email and in-product notices are deemed received when sent or posted, absent a delivery failure.

24. General terms

24.1 Entire agreement. These Terms, the Privacy Policy, the Documentation, and any order or plan terms you accept in the product are the entire agreement between you and us regarding the Service and supersede all prior and contemporaneous understandings on that subject.

24.2 Severability. If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder stays in effect.

24.3 Waiver. A waiver must be in writing and is limited to the specific instance. No failure or delay in exercising a right operates as a waiver of it.

24.4 Assignment. You may not assign these Terms without our prior written consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets, where the assignee agrees in writing to be bound. We may assign these Terms without restriction.

24.5 Force majeure. Neither party is liable for delays or failures due to events beyond its reasonable control — carrier outages, network failures, supplier interruptions, attacks, natural disasters, labor disputes, or governmental actions — provided it uses reasonable efforts to mitigate.

24.6 Relationship; no third-party beneficiaries. The parties are independent contractors. Except for our Suppliers under Section 21 (Indemnification), there are no third-party beneficiaries to these Terms.

24.7 Export. The Service may be subject to US export-control laws. You will not export, re-export, or make the Service accessible in violation of export-control or sanctions laws, and you represent that you are not on any restricted-party list.

25. Contact

Osis AI LLC · support@osis.co. We read everything.