Effective date: 14th October, 2024

1. Introduction

These Terms and Conditions (the "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Wild State LLC ("Monty", "Company", "we", "us", or "our"), concerning your access to and use of the www.hellomonty.ai website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Service").

You agree that by accessing the Service, you have read, understood, and agreed to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Service and you must discontinue use immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms and Conditions.

2. Definition of Key Terms

For the purposes of these Terms and Conditions, the following definitions shall apply:

• User: Any individual or entity who accesses or uses our Service.
• Account: The registered user account required to access certain aspects of the Service.
• Content: Any text, graphics, images, audio, video, software, or other information that appears on or forms part of the Service.
• Subscription: The fee-based arrangement for accessing our Service.
• Confidential Information: Information that is proprietary or confidential.
• Inbound Calls: Calls that our AI receptionist answers on behalf of the User.
• Outbound Calls: Calls initiated by our Service on behalf of the User.
• Compliance Requirements: Legal and regulatory standards applicable to the use of our Service.
• Reseller: An individual or entity authorized by Monty to market and sell our Service.
• AI Platform: Monty’s proprietary web-based software platform used to build and deploy artificial intelligence models.
• AI Agent: A specific instance of an AI agent created by the User on the AI Platform.
• AI-Generated Content: Any content generated by the AI Platform based on user inputs or interactions.

3. User Eligibility

The Service is intended only for individuals at least 18 years of age.

By using the Service, you represent and warrant that:

• You are at least 18 years old
• You have the authority to enter into this agreement
• You will comply with all terms and conditions

If you are under 18 years old, you are prohibited from accessing or using the Service.

4. Description of Services

Monty offers an AI-powered phone receptionist platform, including:

• 24/7 automated phone answering
• AI-powered human-like conversations
• Outbound calling capabilities for reminders and campaigns
• Reseller program for partners
• Appointment scheduling and call forwarding
• Text messaging during calls
• Customizable call handling workflows
• Multilingual support
• Administrative dashboard with analytics and call logs

5. Account Registration and Management

To access the Service, Users must create an Account and provide accurate registration information.

Users are responsible for:

• Maintaining the confidentiality of their login credentials
• Restricting access to their devices
• All activities that occur under their account

We reserve the right to:

• Refuse service
• Terminate accounts
• Remove content
• Cancel orders at our discretion

6. Role of Monty and User Responsibility

6.1 Platform Provider

Monty is a technology platform provider that facilitates AI-powered inbound and outbound calls.

6.2 User Responsibility

Users are responsible for:

• Content of all calls made through the platform
• Compliance with applicable laws and regulations
• Obtaining necessary consent from call recipients
• Following Do Not Call regulations
• Managing the timing and frequency of calls

6.3 Indemnification for Calls

Users agree to indemnify and hold Monty harmless from claims or liabilities arising from platform usage.

6.4 No Legal Advice

Monty does not provide legal advice. Users should consult legal counsel regarding regulatory compliance.

7. Prohibited Uses

You agree not to use the Service for:

• Criminal activities
• Fraudulent or illegal purposes
• Intellectual property infringement
• Harassment or abuse
• Unauthorized spam distribution
• Malware transmission
• Unauthorized data collection
• Service interference or security breaches
• Calling emergency lines or public safety services
• Developing competing services

Monty may limit calling frequency to prevent unlawful activities.

8. Acceptable Use Policy

Users may not upload or transmit content that is:

• Illegal, abusive, or defamatory
• Obscene or harmful
• Infringing on third-party rights
• Spam or bulk communication
• Malware or viruses

Monty reserves the right to remove content violating this policy.

Repeated violations may lead to account termination.

9. Compliance Requirements

Users may only contact individuals who:

• Provided prior express consent, or
• Have an existing business relationship

Users must:

• Transmit accurate Caller ID
• Avoid anonymous calling practices
• Follow telemarketing regulations

Monty may cooperate with law enforcement regarding suspected illegal activity.

9.1 Responsibility for Compliance

Users are solely responsible for ensuring their use of the Service complies with applicable laws.

10. Subscription Terms

The Service operates on a subscription model.

• Subscriptions may be monthly or annual
• Billing occurs in advance
• Subscriptions automatically renew unless canceled
• Taxes may apply

Monty may cancel accounts after multiple failed payment attempts.

11. Usage Fees and Billing Policy

In addition to the subscription fee:

• $0.30 per minute for AI call engagement
• $0.12 per minute for transferred calls

Fees are billed monthly alongside the subscription.

All fees are non-refundable unless required by law.

12. Free Trial and Cancellation Policy

Monty may offer free trials.

If you continue using the Service after the trial:

• Your subscription automatically begins
• Your payment method will be charged

Subscriptions may be canceled through account settings or support.

13. Refund Policy

Refunds are provided at the sole discretion of Wild State LLC and on a case-by-case basis and may be refused. Wild State LLC will refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behaviour that entitles Wild State LLC to counterclaim the refund.
This does not affect your rights as a Consumer in relation to Products which are not as described, faulty or not fit for purpose.

14. Intellectual Property Rights

Monty retains all rights to:

• The AI Platform
• Underlying technology
• Improvements or modifications

Users retain ownership of data they provide.

However, Monty may use anonymized usage data to improve services.

15. User-Generated Content

Users may create or upload content through the platform.

By posting content, you grant Monty a worldwide, royalty-free license to use, reproduce, and distribute such content.

16. Privacy Policy

Our Privacy Policy explains how user data is collected, used, and stored.
Users are encouraged to review the Privacy Policy carefully.

17. Data Security

We implement industry-standard security measures to protect personal data, but we cannot guarantee absolute security.

18. Confidentiality

Both parties agree to protect confidential information using reasonable care.

19. Service Modifications and Availability

Monty may:

• Modify or discontinue the Service
• Limit usage
• Introduce platform restrictions

We do not guarantee uninterrupted availability.

20. Third-Party Links and Services

The Service may contain links to third-party websites.
Monty is not responsible for third-party content or services.

21. User Feedback and Suggestions

Any suggestions or feedback submitted to Monty become the exclusive property of Monty.

22. Compliance with Laws

Users must comply with applicable regulations, including:

• Telephone Consumer Protection Act (TCPA)
• Telemarketing Sales Rule (TSR)
• State telemarketing regulations

23. Indemnification

Users agree to defend and indemnify Monty against claims arising from misuse of the Service.

24. Limitation of Liability

Monty shall not be liable for:

• Indirect damages
• Loss of profits
• Business interruption
• Data loss

24.1 Platform Liability

Monty is not responsible for legal violations arising from user-initiated calls.

24.2 User Risk

Users assume all risk associated with outbound calling activities.

24.3 AI-Generated Content

Monty does not guarantee the accuracy or reliability of AI-generated outputs.

25. Disclaimer for AI-Powered Interactions

Monty provides AI-based services but cannot guarantee the accuracy or outcomes of AI interactions.

Users accept all risks associated with AI-generated responses.

26. Representations, Warranties, and Disclaimers

The Service is provided “as-is” and “as available.”

Monty disclaims all implied warranties, including merchantability and fitness for a particular purpose.

27. Dispute Resolution

Disputes will be resolved through binding arbitration conducted in Delaware, USA under the rules of the American Arbitration Association.

28. Changes to Terms and Conditions

We may update these Terms at any time.
Continued use of the Service after changes means acceptance of the updated Terms.

29. Termination

Monty may terminate access to the Service for violations of these Terms.

Upon termination, your right to use the Service immediately ends.

30. General Provisions

Includes provisions for:

• Notices
• Force majeure
• Entire agreement
• Severability
• Assignment

31. Additional Outbound Calling Terms

Users must:

• Obtain call consent
• Follow Do Not Call regulations
• Use accurate Caller ID
• Follow lawful calling hours

Monty may monitor outbound activity for compliance.

32. Reseller Program Terms

Includes terms related to:

• Reseller eligibility
• Marketing responsibilities
• Pricing guidelines
• White-label licensing
• Commission policies
• Confidentiality
• Compliance obligations

Monty reserves the right to terminate reseller participation at its discretion.

33. Contact Information

If you have questions about these Terms, contact:

Email: info@hellomonty.ai

Monty
All Rights Reserved