Terms of Service
Effective date: 19 April 2026. These Terms form a binding agreement between you and Xenith Intelligence Ltd. Please read them carefully.
1. Parties & scope
These Terms of Service (the “Terms”) govern access to and use of the websites, dashboards, APIs and voice AI services (together, the “Services”) provided by Xenith Intelligence Ltd., a company registered in England and Wales (“Xenith”, “we”, “us”). By creating an account, signing an order form, or using the Services you agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
2. Accounts
You must provide accurate registration information, keep your credentials confidential, and are responsible for all activity under your account. You must be at least 18 years old and not barred from receiving the Services under the laws of your jurisdiction.
3. Acceptable use
You agree not to, and not to permit any third party to:
- use the Services to place calls that are unlawful, fraudulent, deceptive, harassing, or that violate any applicable telemarketing, do-not-call, robocall, or consumer protection law (including the TCPA, CAN-SPAM, PECR, GDPR, and equivalent laws);
- impersonate any person or misrepresent the identity or purpose of a call, including by spoofing caller ID in violation of applicable law;
- use the Services to collect sensitive personal data (payment card numbers, government identifiers, health information) without the lawful basis and safeguards required by applicable law;
- interfere with, disrupt, probe, or attempt to gain unauthorised access to the Services, underlying infrastructure, or any other customer’s data;
- resell, sublicense, or provide the Services to third parties except as expressly permitted in writing;
- use the Services to train competing voice AI models, or to reverse-engineer, decompile, or extract the underlying models.
We may suspend or terminate your access immediately if we reasonably believe you have violated this section or if required by law or by our upstream providers.
4. Fees, credits & billing
The Services are offered on a prepaid, usage-based basis. You top up a credit balance via our payment processor (Stripe) and we deduct the cost of each call from your balance. Calls are metered per second at our usage-based rates as displayed in your dashboard, and every deduction is itemised in your billing history. Minimum top-up is $5.00. Prices are exclusive of VAT and other applicable taxes, which we may add where required.
Credit balances are non-transferable and, except as required by applicable consumer-protection law or as stated in our refund policy, non-refundable. Unused balances may expire 24 months after the last top-up. You are responsible for all taxes on your purchases other than taxes based on our net income.
5. Customer Data
“Customer Data” means the audio, transcripts, prompts, configuration, and other data you or your end-users submit to the Services. As between you and Xenith, you own all Customer Data. You grant us a worldwide, non-exclusive licence to host, process, transmit and display Customer Data solely to provide the Services and to improve their reliability, security and performance. We will not use identifiable Customer Data to train generalised AI models.
You are responsible for the lawfulness of Customer Data, including obtaining any notices and consents required to record calls in the jurisdictions where your calls originate or terminate. Our processing of personal data on your behalf is governed by our Data Processing Addendum.
6. Intellectual property
We and our licensors retain all right, title and interest in and to the Services, including all software, models, documentation, trademarks and know-how. No rights are granted by implication, estoppel or otherwise except as expressly set out in these Terms. Feedback you provide may be used by us without restriction or compensation.
7. Third-party services
The Services rely on third-party providers (including voice AI model providers, telephony carriers, cloud infrastructure and payment processors). Your use of the Services is subject to any applicable pass-through terms imposed by those providers. We are not responsible for the availability, accuracy or content of third-party services.
8. Confidentiality
Each party will protect the other’s non-public information with at least the same care it uses for its own similar information, and will use it only to perform its obligations and exercise its rights under these Terms.
9. Term & termination
These Terms apply from the date you first access the Services until terminated. Either party may terminate for convenience on 30 days’ notice. Either party may terminate immediately for material breach not cured within 14 days of written notice. On termination, your right to use the Services ceases; we may delete Customer Data 30 days after termination unless applicable law requires a longer retention period. Sections 4 (for unpaid amounts), 5, 6, 8, 10, 11, 12 and 14 survive.
10. Warranty disclaimer
The Services are provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or trade usage. Voice AI output may be inaccurate or inappropriate; you are responsible for reviewing output before acting on it and for any decisions made based on it.
11. Limitation of liability
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, revenues, data, goodwill or business opportunity, even if advised of the possibility. Each party’s aggregate liability under or in connection with these Terms is limited to the amounts paid by you to Xenith for the Services in the 12 months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law (including death or personal injury caused by negligence, and fraud).
12. Indemnification
You will defend, indemnify and hold harmless Xenith and its affiliates from and against any third-party claim arising from: (a) Customer Data; (b) your use of the Services in breach of these Terms or applicable law; or (c) your violation of any third-party right.
13. Changes
We may update these Terms from time to time. If we make a material change, we will provide reasonable notice (for example, by email or in-app notice). Continued use of the Services after the effective date of the updated Terms constitutes acceptance.
14. Governing law & disputes
These Terms are governed by the laws of England and Wales, without regard to conflict-of-laws principles. The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
15. General
These Terms, together with any order form, the Privacy Policy and the Data Processing Addendum, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements. If any provision is held unenforceable, the remaining provisions remain in full force. Neither party may assign these Terms without the other’s prior written consent, except to an affiliate or in connection with a merger, reorganisation or sale of substantially all assets. No waiver is effective unless in writing.
16. Contact
Xenith Intelligence Ltd., registered in England and Wales. Questions about these Terms can be sent to legal@xenithintelligence.com.