Terms of Service

Effective Date: June 30, 2026

These Terms of Service ("Agreement") govern the use of the AI-driven conversational and outbound automation platform provided by Dymetra Solutions LLC ("Platform", "we", "us"). By executing an Order Form, signing a Master Services Agreement, or accessing the Platform, the B2B Client ("Client", "you") unequivocally agrees to the aggressive indemnification, liability limitations, and specific AI-related clauses outlined herein.

1. TCPA Compliance & Absolute Indemnification

The Platform operates on a Zero Trust Validation paradigm regarding consumer contact data. As a prerequisite to executing any outbound SMS or AI Voice campaigns, the Client assumes full, unmitigated legal responsibility for the origin and consent status of all uploaded lead lists.

Prior Express Written Consent (PEWC): The Client unconditionally represents and warrants that they possess valid PEWC for every End-User loaded into the Platform, specifically authorizing the use of artificial intelligence voices and autodialing systems.
Audit Trails: The Platform reserves the right to implement API-level audit trails for consent tokens (e.g., TrustedForm certificates or Jornaya LeadiD) before allowing campaign execution.

Financial Indemnification: In the event of any regulatory action, lawsuit, or demand regarding the Telephone Consumer Protection Act (TCPA), Do Not Call (DNC) registries, or FTC/FCC guidelines arising from the Client's use of the Platform, the Client shall fully indemnify, defend, and hold harmless Dymetra Solutions LLC. The Client agrees to cover 100% of all legal fees, fines, judgments, and settlement amounts without limitation.

2. AI Disclaimer & Limitation of Content Liability

The core of our technology relies on Large Language Models (LLMs) which possess a probabilistic, not deterministic, nature. Consequently, the Platform provides all AI generation services strictly on an "AS IS" and "AS AVAILABLE" basis.

Hallucinations & Accuracy: We expressly disclaim any warranties regarding the absolute accuracy, reliability, or commercial viability of AI-generated responses. LLMs may produce unpredictable outputs ("hallucinations").
Human Oversight: The Client retains sole responsibility for human review, oversight, and the ultimate business impact of the AI's actions. Dymetra Solutions LLC bears zero liability for incorrect commitments made by the AI agent on your behalf (e.g., falsely promised roofing discounts, inaccurate warranty claims, or erroneous licensing statements).

3. Intellectual Property (IP) Allocation

We maintain a clear demarcation of intellectual property rights to protect both the Client's business logic and the Platform's core proprietary infrastructure:

Inputs: The Client retains full ownership of all uploaded CRM databases, custom sales scripts, and specific prompt engineering configurations ("Inputs").
Outputs: The Client receives a perpetual license to utilize the generated outputs, including call transcriptions, SMS logs, and lead qualification scores.
Training Rights: Dymetra Solutions LLC reserves the irrevocable right to utilize de-identified, aggregated conversation data solely for the purpose of training and fine-tuning baseline NLU/LLM models. Opt-out privileges for model training are granted exclusively to Clients on the Enterprise Tier via a written addendum.

4. Liability Caps & IP Indemnification

Dymetra Solutions LLC agrees to defend and indemnify the Client against third-party claims alleging that the underlying system architecture infringes upon a valid US patent or copyright.

Notwithstanding the above, the Platform’s maximum aggregate liability for any claim arising under this Agreement—whether in contract, tort, or otherwise—shall be strictly capped at the total amount of subscription fees paid by the Client to the Platform in the twelve (12) months immediately preceding the event giving rise to the claim. Carve-outs to this cap apply exclusively to acts of gross negligence, willful misconduct, or proven breaches of data security.

5. Algorithmic Regulations & Human Handoff

To ensure compliance with emerging Automated Decision-Making Technology (ADMT) regulations, including frameworks modeled after the Colorado AI Act:

Technical Transparency: Upon request, the Platform will provide technical documentation outlining the limitations and potentially harmful use cases of the AI system to aid in Client risk assessments.
Client Obligations: The Client explicitly agrees to configure point-of-interaction notices (informing consumers they are interacting with an AI) and to maintain active protocols enabling a seamless transfer to a live human operator (Human Handoff) upon the consumer's request or when the AI agent evaluates a lead's qualification.

6. Governing Law & Jurisdiction

This Agreement and any disputes arising out of or related to it shall be governed by the laws of the State of Florida, USA, without regard to its conflict of law principles. Exclusive jurisdiction for any litigation shall reside in the state and federal courts located in Miami-Dade County, Florida.

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