Terms of Service

Effective Date: December 15, 2025

Introduction and Acceptance of Terms

Z3 OS, a d/b/a of Z3 Systems LLC ("Z3 OS," "Company," "we," or "us"), provides an AI-powered phone receptionist and automation platform for small and medium businesses (the "Service"). These Terms of Service ("Terms") govern your access to and use of the Service. By signing up for or using Z3 OS, you agree to these Terms and to our Privacy Policy. If you do not agree, you must not use the Service.

The Service is intended for users in the United States only. Z3 Systems LLC is a Delaware, USA limited liability company with its principal business address at 9169 W State St Suite 470, Garden City, ID 83714. All references to "you" or "Client" mean the business or individual using the Service.

AI Disclosure and Use of AI

Our Service uses artificial intelligence ("AI") to answer calls, interact with callers, route calls, book appointments, send messages, and perform other automated tasks on your behalf.

AI Limitations: You acknowledge that AI technologies have inherent limitations and may not always be accurate or error-free. The AI agent may misunderstand callers or provide incorrect information on occasion.

Critical Information Verification: You agree that you (and your human staff) will review and verify any critical or sensitive information or commitments made by the AI. Z3 OS does not guarantee the accuracy or completeness of AI-generated responses or actions. We are not liable for errors or omissions made by the AI (see the Limitation of Liability section below).

AI Not a Substitute for Human Judgment: The Service's AI is designed to assist but not to replace your own judgment or human customer service entirely. You understand that the AI's actions (such as scheduling appointments or answering inquiries) are based on programmed responses and may not handle novel or complex situations as a human would. You are responsible for supervising the outcomes of the AI's interactions, especially for important or sensitive matters.

Call Recording and Monitoring Consent

Recording of Calls: The Service enables and automatically records telephone calls and voice interactions for quality assurance, AI processing (such as transcription and analysis), and to provide you with call transcripts and recordings. By using Z3 OS, you consent to the recording and monitoring of calls handled through the Service. You also agree that Z3 OS may analyze call audio with AI (including third-party voice processing from Retell AI) to transcribe conversations and generate automated responses.

Your Obligation to Inform Callers: Laws regarding call recording vary by jurisdiction. You agree that you are solely responsible for complying with all applicable laws concerning the recording of telephone calls. This includes, where required, obtaining consent from or providing notice to your callers that their call is being recorded and may be monitored or assisted by an AI system. For example, if required by law, you must include a disclosure such as "This call is being recorded and may be answered by an automated assistant." Z3 OS provides the technical capability to record calls, but you are responsible for using it lawfully. We will not be liable if you fail to obtain proper consent from call participants or otherwise violate call recording laws.

Call Monitoring and Use of Recordings: Recorded calls and transcripts are made available to you in your account. You agree to handle such data in accordance with privacy laws and only use it for legitimate business purposes (e.g., reviewing customer interactions or training staff). We reserve the right to access call recordings as necessary for Service operations (for example, to troubleshoot issues or improve our AI), as described in our Privacy Policy.

SMS Messaging and TCPA Compliance

The Service may send SMS/text messages or make automated phone calls to your customers or leads (for example, to confirm appointments or send reminders) as directed by you. By using these features, you assume full responsibility for compliance with all laws governing telephone and SMS communications, including the U.S. Telephone Consumer Protection Act (TCPA) and other federal or state telemarketing and privacy laws.

Your Responsibility for Consent: You must obtain prior express consent from each recipient before using the Service to send them SMS messages or automated/pre-recorded calls, especially if the messages/calls are marketing in nature. You will ensure that each recipient has opted in to the specific kind of communication you intend to send (e.g., promotional texts, appointment reminders, etc.) through a clear affirmative action.

Opt-Out Mechanism: You must provide recipients with a simple way to opt out of future messages. For SMS, the industry standard is to allow recipients to reply "STOP" (or other recognized keywords like "CANCEL" or "UNSUBSCRIBE") to stop receiving messages. Z3 OS, through its integration with Twilio, supports processing of these standard opt-out keywords. If a recipient opts out, you agree to cease sending further messages to that person. You are responsible for ensuring your contact lists are updated to reflect opt-out requests. The Service may assist by flagging or automatically excluding opted-out numbers, but the ultimate compliance obligation is yours.

Content Restrictions: You agree that the content of the messages or calls you send via the Service will comply with all applicable laws and regulations. This means, for example, no harassment, fraudulent content, false advertising, or unlawful offers. You will not send messages that contain obscene or offensive content, and you will adhere to any content guidelines provided by carriers or by us (such as avoiding certain forbidden keywords or formats that may trigger carrier filtering).

No Spam or Unsolicited Messages: Z3 OS is not a platform for spam. You may not use the Service to send bulk unsolicited texts or calls. The Service should only be used to communicate with individuals who have an existing relationship with your business and who have consented to such communications. Sending mass marketing messages without proper consent can violate not only these Terms but also laws like the TCPA and can result in serious fines. You agree to indemnify Z3 OS for any third-party claims or regulatory fines that result from your improper messaging (see Indemnification below).

Compliance with Sending Limits and Policies: We (or our telephony provider Twilio) may enforce certain rate limits or volume limits on SMS/call sending to protect service quality and comply with carrier requirements. You agree to abide by any such limits (for instance, limits on messages per second) and understand that we may throttle or block messages that exceed allowed rates or that appear to violate policies. We may also require that you use approved phone numbers or message templates for high-volume messaging, in line with industry standards like 10DLC registration for A2P (Application-to-Person) messaging.

Acknowledgment of Third-Party Involvement: You acknowledge that Z3 OS uses the third-party telephony provider Twilio to send SMS and handle call routing. Therefore, your use of SMS/call features is also subject to Twilio's acceptable use policies and carrier rules. Messages or calls that violate carrier or Twilio policies (for example, certain content or patterns that carriers blacklist) may be blocked or filtered, and Z3 OS is not responsible for such filtering. We will try to notify you if we detect issues with your messaging practices.

Billing and Payments

Subscription Plans and Fees: Z3 OS is a paid subscription service. By signing up for a paid plan, you agree to pay the subscription fees and any usage-based fees indicated to you at the time of purchase (for example, fees per minute of call time or per text message, if applicable). Plan details, including pricing, included usage limits (minutes, texts, etc.), and billing cadence (monthly or annual), are provided on our website or order form. All fees are stated in U.S. dollars and do not include taxes (sales, use, VAT, etc.) unless otherwise noted. You are responsible for any taxes or government charges applicable to your use of the Service, and these may be added to the billing amount as required.

Payment Processing: We use Stripe as our third-party payment processor. By providing a payment method (such as a credit card or bank account information) and subscribing to the Service, you authorize us and Stripe to charge your payment method for all applicable fees. This includes the initial charge upon sign-up and recurring charges each billing period (e.g., monthly or annually), as well as any additional usage fees or add-on charges you incur. Stripe's terms of service and privacy policy will govern the processing of your payment information. We do not store your full credit card number on our servers; Stripe handles all sensitive payment data.

Automatic Renewal: Subscriptions will automatically renew at the end of each billing cycle (monthly or yearly, depending on your plan) unless you cancel the subscription before the next renewal date. By default, you will be charged on the renewal date for the next period's fees. We will use the payment method on file. If you do not want to renew, you must cancel the Service in your account settings or by contacting us at least a few days prior to the renewal date to avoid being charged for the next period.

Invoice and Receipts: We will provide an electronic invoice or receipt for each payment. You agree to receive these electronically, such as by email or through the account portal. It is your responsibility to review these statements and notify us within a reasonable time (e.g., 30 days) if you dispute any charges.

Failed Payments: If a charge is declined or your provided payment method is otherwise unable to be processed, we will attempt to notify you (e.g., via email). We may retry the charge within a short period. If payment continues to fail, we reserve the right to suspend or restrict your account until payment is received. It is your responsibility to keep your billing information (card number, expiration, billing address, etc.) up to date. You agree to promptly update your payment information if it changes. Late Payment: Any overdue amounts may accrue interest at the rate of 1.5% per month (or the highest rate permitted by law, if lower), starting 10 days after the payment due date. You will be responsible for any costs of collection (including reasonable attorneys' fees) for overdue amounts.

Changes to Fees: Our pricing and fees may change over time. If we introduce new fees or change existing fees, we will give you advance notice. For example, we may send an email or in-app notification at least 30 days before new fees take effect for you. Fee changes will typically apply at the start of your next billing cycle. If you do not agree with a fee change, you may cancel your subscription before the change takes effect. Continuing to use the Service after the effective date of a fee change constitutes acceptance of the new fees.

Refunds: All fees are generally non-refundable. This means that if you cancel in the middle of a paid period, you will not receive a refund for the remaining days of that period (the Service will remain active until the end of the period). Similarly, credits or prorated refunds are not provided for downgrades or unused services, except at our discretion. In certain cases, we might grant exceptions (for example, if the Service was unavailable for an extended period due to our fault, or as required under specific laws), but these are handled on a case-by-case basis. Any free trials or satisfaction guarantees will be honored as specifically described (if offered).

Promotions and Discounts: If you received a special promotional offer or discounted rate, those are valid only for the specified term. After the promotional period ends, your subscription will renew at the standard rate in effect at that time.

Acceptable Use Policy

You agree to use Z3 OS in a lawful, ethical, and respectful manner. You must not misuse the Service. In using Z3 OS, you agree NOT to:

  • Engage in Illegal Activities: Do not use the Service for any purpose that is unlawful or to further illegal activities. This includes (but is not limited to) fraud, impersonation, obscenity, trafficking in unlawful material, or any activity that would violate applicable law or regulations.
  • Harass or Harm Others: Do not use the Service to threaten, harass, intimidate, or stalk anyone. You may not transmit content that is defamatory, libelous, hateful, or discriminatory, or that encourages violence or crime.
  • Spam or Mass Marketing without Consent: Do not send unsolicited bulk communications. All calls, texts, or emails sent using the Service must comply with our SMS and call consent rules (see SMS Messaging and TCPA Compliance above). Using Z3 OS to send spam, junk messages, or run telemarketing campaigns to people who have not consented is strictly prohibited.
  • Record or Monitor Without Legal Right: Do not use the call recording or monitoring features in jurisdictions where you lack the necessary consent. For example, in any "two-party consent" state (or all-party consent jurisdiction), you must not record calls through our Service unless all participants have consented. You also must not use or share call recordings in ways that violate privacy laws.
  • Violate Telecom or Carrier Rules: Do not engage in activities that could get phone numbers blacklisted by carriers or violate industry guidelines. This includes practices like sending high-volume texts from rotating numbers to evade filters ("snowshoeing"), sending messages with prohibited content (e.g., illegal substances, pornography, or otherwise disallowed content often abbreviated as SHAFT: sex, hate, alcohol, firearms, tobacco where prohibited), or using the Service for phishing/scams. You must adhere to any usage guidelines we provide and any requirements by Twilio or telecom carriers.
  • Tamper with the Service or Security: Do not attempt to probe, scan, or test the vulnerability of any Z3 OS system or network. Do not breach or circumvent any security or authentication measures. You must not inject unauthorized code, viruses, malware, or any harmful component into the Service, or use the Service to distribute malware. Additionally, do not exploit the Service to gain unauthorized access to any other service, system, or data.
  • Interfere with Service Integrity: Do not interfere with or disrupt the proper functioning of the Service. This includes not performing any action that imposes an unreasonable load on our infrastructure (such as automated scraping or overload attacks), and not using any device or software to interfere or attempt to interfere with the way the Service is provided (e.g., overloading call lines with robo-calls not related to intended use).
  • Misuse APIs or Integrations: If the Service provides APIs or integration points, do not use them in a manner that violates these Terms or in a way that could harm the Service. For example, do not use the API to harvest data in bulk that you do not have rights to, or to create a competing service.
  • Infringe Intellectual Property: Do not use the Service to upload, send, or store any content that infringes upon the intellectual property or privacy rights of others. This includes unauthorized recordings, copyrighted material without permission, or using our AI to generate content that violates someone's rights.
  • Bypass or Ignore Usage Limits: If we impose usage limits (such as on the number of calls, minutes, or AI interactions per month under your plan), do not try to circumvent those limits (for instance, by creating multiple accounts to exceed quotas). Contact us if you believe you need a higher limit or a custom plan.

Enforcement: If you violate this Acceptable Use Policy or any other provision of these Terms, we may take action, including suspending or terminating your account (see Termination below). We may also remove or disable access to any content that violates these rules or law. You understand that we may work with law enforcement or report illegal activities to appropriate authorities if you or your users engage in behavior that is unlawful.

You are responsible for the actions of anyone you allow to use the Service under your account. If you are a business, you must ensure that your employees or agents who use Z3 OS are aware of and adhere to these restrictions.

Third-Party Integrations

Z3 OS allows you to connect third-party services to extend functionality. When you enable an integration, you authorize Z3 OS to access and exchange data with that service on your behalf.

QuickBooks Integration

When you connect QuickBooks, you authorize Z3 OS to:

  • Read customer and company data: We access your QuickBooks customer list to match contacts and avoid duplicates.
  • Create customers: If a customer does not exist in QuickBooks, we may create a new customer record on your behalf.
  • Create and update invoices: We sync invoices from Z3 OS to your QuickBooks company, including line items, amounts, and customer references.
  • Read payment status: We may read payment information for follow-up triggers and status updates. We do not currently write payments to QuickBooks.

We store your QuickBooks OAuth tokens (encrypted), company identifier (realmId), and integration metadata (such as sync timestamps and object IDs) to maintain the connection. You can disconnect QuickBooks at any time from Settings or from inside QuickBooks. Upon disconnection, we revoke our access tokens and stop syncing data. Previously synced data remains in both systems unless you delete it.

Google Calendar Integration

When you connect Google Calendar, you authorize Z3 OS to read your calendar availability (busy/free times) and create calendar events for appointments booked through the AI receptionist. We do not read or modify other aspects of your calendar.

General Integration Terms

Your use of any third-party integration is also governed by that service's terms of service and privacy policy. We are not responsible for the actions or policies of third-party services. If a third-party service changes its terms, availability, or functionality, we may need to modify or discontinue the integration.

HIPAA / PHI Disclaimer

The Service is not HIPAA-compliant. Z3 OS is not designed or certified to handle Protected Health Information (PHI) as defined under the U.S. Health Insurance Portability and Accountability Act. You agree not to use the Service to collect, store, or transmit any PHI or other sensitive personal health information.

We do not sign Business Associate Agreements (BAAs), and we make no representation that the Service meets HIPAA requirements. If you are a covered entity or a business associate under HIPAA (e.g., a healthcare provider, insurance company, etc.), you should not use Z3 OS for patient communications or records. If you nevertheless choose to do so, you acknowledge that you are doing so at your own risk and you are solely responsible for any compliance obligations.

Z3 OS disclaims any liability for the misuse or exposure of PHI through the Service. By using the Service, you agree that we will have no liability for any damages, claims, or regulatory penalties arising out of any PHI being transmitted through or stored on our platform. You should seek out HIPAA-compliant solutions if you need to handle health information.

Intellectual Property Rights

Ownership of Z3 OS Intellectual Property: The Service (including all software, code, algorithms, AI models, interfaces, designs, text, graphics, logos, and trademarks, except where provided by third parties or by you) is the intellectual property of Z3 Systems LLC and its licensors. All rights, title, and interest in and to the Service, including any improvements or updates, belong exclusively to us. These Terms do not grant you any ownership rights in the Service, but only a limited right of use as described below.

License to You: Subject to your compliance with these Terms (and payment of applicable fees), we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. This license allows you to use our web application, dashboards, AI receptionist functionality, and APIs as intended for managing your own business calls and messages. You may not transfer or sublicense this license to any third party without our written permission. We reserve all rights not expressly granted in these Terms.

Restrictions: You will not, nor permit anyone else to, copy, modify, distribute, sell, or lease any part of our Service or included software. You may not reverse engineer or attempt to extract the source code of our software except to the limited extent that such activity is expressly permitted by applicable law notwithstanding this limitation. If you violate these restrictions, your license to use our Service may be terminated and you may be subject to legal action.

Your Content and Data: As between you and Z3 OS, you retain all rights to Your Content, which includes the data you input into the Service and the content of your communications. For example, Your Content includes the audio of your phone calls, the text of SMS or emails sent through the Service, contact lists or phone numbers you upload, and any notes or configurations you provide. We do not claim ownership of Your Content.

However, by using the Service, you grant Z3 OS a limited license to use, reproduce, and process Your Content for the purpose of providing the Service. This means, for instance, we have your permission to: record and store your calls and messages; transcribe and analyze call content; send your messages to their recipients; and otherwise process your data as needed to carry out the features you use. We may also use Your Content in an aggregated and anonymized form to improve our services and AI algorithms (for example, analyzing overall call patterns or common phrases to enhance AI recognition), as detailed in our Privacy Policy.

We implement access controls such that Your Content is only accessed by authorized personnel and service providers as necessary (for example, for support, to maintain the service, or to improve our AI). See the Privacy Policy for more on how we handle and protect Your Content.

Feedback: If you provide us with any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Service ("Feedback"), you hereby grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate such Feedback into the Service or any of our current or future products or services. Feedback is entirely voluntary, but we value it, and this license simply ensures we can act on your suggestions without restriction (for example, improving our product) and without obligation to you.

Third-Party Services and Content: The Service may allow you to integrate or interact with third-party services (for example, connecting to a Google Calendar, a CRM system, or other business tools). Additionally, we rely on certain third-party libraries or APIs in providing our Service. Any third-party software, services, or content that Z3 OS does not own are the property of their respective owners and may be subject to their own terms.

Your use of any third-party integration or service in conjunction with Z3 OS is at your discretion and subject to the terms of the third party. For example, if you integrate a CRM and we send data to that CRM, that third party's terms and privacy policy govern their use of the data. We are not responsible for third-party services or content, and we do not guarantee their compatibility or continued availability. If a third-party service used by Z3 OS (such as Twilio for telephony or Retell AI for voice processing) ceases to make its services available on reasonable terms, we may cease providing the related feature without breaching these Terms.

You will not use any third-party content or intellectual property via our Service in a manner that infringes the rights of the third party. For example, you should not upload music or other copyrighted audio to play on calls unless you have the right to do so.

Termination and Suspension

By You (Cancellation): You may cancel your Z3 OS subscription or stop using the Service at any time. You can do this from your account settings or by contacting us at support@z3os.com (or a designated support channel). If you cancel a paid subscription, you will continue to have access to the Service until the end of your current billing period. After that, your account may be downgraded or closed. No further charges will be made after cancellation, but we do not provide refunds for the remaining period (see Billing and Payments – Refunds above).

If you simply stop using the Service without explicitly canceling, please be aware that your subscription may continue to renew and bill you until you formally cancel. It is your responsibility to properly cancel the Service to avoid future charges.

By Z3 OS (Termination or Suspension): We reserve the right to suspend or terminate your access to the Service (or certain features of the Service) at our sole discretion, with or without notice, if:

  • Policy Violations: You materially breach these Terms or violate the Acceptable Use Policy, Privacy Policy, or any other policy incorporated into these Terms. For example, if we discover that you are using the Service for spam or illegal activities, or not obtaining proper consent for recordings or messages, we may terminate or suspend your account.
  • Non-Payment: You fail to pay fees when due and do not cure such non-payment within a reasonable period after we provide a warning. (For instance, if your payment is overdue and you have not updated your billing info after reminders, we may suspend service until payment is resolved.)
  • Security Risk: We detect what we believe to be a credible security or integrity threat to our platform or to other users caused by your account. This could include detection of malware, hacking attempts, or other security incidents emanating from your usage.
  • Prolonged Inactivity: For free or trial accounts, we may terminate the account if it has been inactive for an extended period (for example, 6 months of non-use), in order to free up resources. We will generally attempt to warn you before termination in such cases.
  • Legal Requirement or Discontinuation: We may terminate if required by law (for example, if providing the Service to you becomes unlawful) or if we decide to discontinue the Service (or a portion of it) entirely. In the event of a Service discontinuation, we will make reasonable efforts to notify you in advance to allow you to retrieve Your Content, and we may provide a pro-rata refund for any unused portion of paid fees, as appropriate.

Notice and Remedies: Where reasonable, Z3 OS will attempt to provide you with notice of any significant suspension or termination action and may provide an opportunity to cure the issue, except where we determine that immediate action is prudent (such as in the event of severe violations, repeated misconduct, fraud, or urgent security risks). Notice may be sent to the email associated with your account or given when you attempt to log in.

Effect of Termination: Upon termination of your account, whether terminated by you or by us, the following will occur:

  • Cease of Access: Your right to access or use the Service will immediately end. We will deactivate or delete your account and you will lose access to all data, configurations, and content within the Service (unless otherwise specified below). You should ensure you have exported or saved any information you need prior to termination.
  • Data Retention: We may permanently delete Your Content from our systems within a reasonable time after termination. However, we reserve the right to retain copies of certain data for a period of time as needed for legal compliance, resolving disputes, or enforcing our agreements. Refer to our Privacy Policy for more detail on data retention and deletion. Call recordings, transcripts, and logs may no longer be retrievable once your account is deleted, except to the extent we retain them for the purposes above.
  • Outstanding Fees: If there are any outstanding fees or charges owed by you at the time of termination, you will remain responsible for those. We may charge your payment method or bill you for any unpaid amounts. If we terminated for cause due to your breach, you may not be entitled to any refund of fees paid.
  • Surviving Provisions: Any section of these Terms that by its nature should survive termination will survive. This includes (but is not limited to) provisions on Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy.

After termination, you will not use or attempt to access the Service. If your account was terminated by us due to a breach of Terms, you may not create a new account to circumvent the termination without our express permission.

Disclaimer of Warranties

Use at Your Own Risk: Z3 OS is provided "AS IS" and "AS AVAILABLE," without any warranties of any kind. You use the Service at your own risk. To the maximum extent permitted by law, we expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Service will meet your specific needs or expectations, that it will be uninterrupted, timely, secure, or error-free, or that any results obtained from its use will be accurate or reliable.

No Guarantee of Accuracy or Outcomes: Z3 OS involves AI-driven automation and voice processing. While we strive for high accuracy and reliability, we make no warranty that the AI will correctly understand every caller or that the Service will successfully handle every call or message without errors. For example, the AI might book an appointment on an incorrect date due to misunderstanding, or it might not capture a caller's name correctly in a transcript. You acknowledge these risks. We encourage you to monitor important interactions and not to rely solely on the Service for critical communications or commitments.

Not a Guaranteed Communication Service: Z3 OS is not a traditional telephone carrier. We rely on third-party networks (like Twilio and telecom carriers) and the internet to function. We do not warrant that calls or messages will successfully connect or be delivered in every instance. There may be downtime, delays, dropped calls, lost messages, or quality issues that are outside our direct control (such as issues with your internet connection, the recipient's phone carrier, power outages, etc.). We do not guarantee that inbound calls will always reach the AI receptionist or that outbound communications will always reach the intended recipient.

Security and Data: We do not warrant that the Service is completely secure or free from bugs or viruses. We have security measures in place (see Privacy Policy), but no system is impervious. You assume all risk for any damage to your computer system or loss of data that results from using the Service. No Oral or Written Information or Advice provided by us, our representatives, or other users will create any warranty not expressly stated in these Terms.

Jurisdictional Exceptions: Some jurisdictions do not allow the exclusion of certain warranties or conditions. If such law applies to you, some of the above exclusions may not apply to you to the extent prohibited by law. In such cases, the warranty is limited to the minimum warranty required by law.

Limitation of Liability

To the fullest extent permitted by law, Z3 Systems LLC (including its d/b/a Z3 OS) and its officers, directors, employees, agents, and affiliates shall not be liable for any damages or losses arising out of or in connection with your use of (or inability to use) the Service or otherwise under these Terms, whether in contract, tort (including negligence), or any other theory of liability.

This includes, but is not limited to, liability for:

  • Indirect & Consequential Damages: We will not be liable for any indirect, incidental, special, consequential, or punitive damages. This covers losses like lost profits or revenues, loss of business opportunity or goodwill, business interruption, or loss of data.
  • AI Errors & Missed Communications: We will not be liable for claims resulting from the AI providing incorrect or misleading information, misrouting or mishandling a call, failing to book an appointment or record a message, or any mistakes in call transcription or understanding. For example, if the AI fails to recognize an emergency situation or if an appointment is missed due to an AI error, you bear that risk, not Z3 OS.
  • Service Downtime: We will not be liable for damages arising from any period of downtime, service outage, or inability to access the Service. This includes any impact on your business from missed calls or messages during such downtime.
  • Call Recording or Messaging Violations: We are not liable for your failure to comply with laws regarding call recordings, SMS, or other communications. Any fines or penalties (such as TCPA fines) or legal expenses that result from your use of the Service in violation of law are solely your responsibility. (You indemnify us for those, as stated below.)
  • Third-Party Services: We are not liable for issues attributable to third-party services or systems we don't control. For instance, if Twilio's network fails or if a telecom carrier filters out a message, or if Retell AI's platform has an error, those are not liabilities of Z3 OS (though we will work to resolve issues to the best of our ability).

Cap on Damages: In any case, our total cumulative liability to you for all claims arising from or related to the Service or these Terms is limited to the amount you have paid to Z3 OS in the 12 months immediately preceding the event giving rise to the claim (or $100, if you have paid less than that in that time). This means, for example, if you have paid us $500 in subscription fees over the past year, and you incur damages, our maximum liability is $500. If you are on a free plan or trial, our liability is capped at $100. This limitation applies in aggregate to all claims and all kinds of damages.

The limitations above apply even if we have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose.

Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability will be limited to the greatest extent permitted by law. Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law (for example, certain statutory liabilities or liability for intentional misconduct).

You acknowledge that Z3 OS has set its prices and enters into these Terms in reliance on these liability limitations, and that they are an essential basis of the bargain between you and us.

Indemnification

You agree to indemnify, defend, and hold harmless Z3 Systems LLC (d/b/a Z3 OS), its affiliates, and their respective directors, officers, employees, and agents (collectively, the "Indemnified Parties") from and against any and all third-party claims, losses, liabilities, damages, judgments, penalties, or expenses (including reasonable attorneys' fees) that the Indemnified Parties incur or suffer because of or arising out of:

  • Your Breach or Violation: Your breach of these Terms or violation of any law or regulation. For example, if you use the Service in a way that violates telemarketing laws or call recording laws and someone (or a regulator) sues us as a result, you will cover all costs and damages we incur.
  • Your Communications & Content: Content you or your callers/transferees provide or actions Z3 OS takes at your instruction. If, for instance, you upload a contact list and use Z3 OS to call or text those contacts in violation of privacy laws, or if the content of your messages/calls (written by you or by the AI on your behalf) infringes someone's rights or causes harm, you will indemnify us for the consequences. This includes any claims that Your Content (calls, messages, recordings, etc.) infringes on intellectual property rights, defames someone, violates privacy rights, or otherwise causes damage.
  • Your Business Operations: Any other activities occurring under your Z3 OS account, including the acts or omissions of all your users or employees, and any contracts or promises you make to your customers. Z3 OS is just a tool; how you use it in your business is under your control. If a caller or customer of yours sues us or complains because of something your business did or failed to do (even if done via our Service), you agree to defend and indemnify us.
  • Your Integrations & Instructions: If you integrate Z3 OS with other software or instruct us to share data with third parties (e.g., your CRM or calendar), you are responsible for those instructions and any consequences. You'll indemnify us if, for example, sending data to your third-party system via our integration somehow violates a law (perhaps because the data was sensitive or the third party had a breach).

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You may not settle any claim that involves an Indemnified Party or admits any fault or imposes any obligation on an Indemnified Party without our prior written consent.

This indemnification obligation will survive any termination of your account or the Service. We will promptly notify you of any claim that is subject to indemnification, but our failure to promptly notify you will not affect your obligations except to the extent that delay materially prejudices you.

Force Majeure

Force Majeure Events: Z3 OS shall not be liable for any delay or failure in performance of any part of the Service to the extent that such delay or failure is caused by events beyond its reasonable control. This includes, but is not limited to: acts of God (such as natural disasters, earthquakes, floods, lightning, severe weather); acts of government (such as war, invasions, terrorist attacks, governmental regulations or orders); civil unrest (riots, civil disturbances); labor disputes (strikes or labor shortages); failures of a third-party (such as utility outages, internet backbone failures, cloud service outages, or telecommunication failures like widespread phone network disruptions); epidemics or pandemics; fire, explosion, or other emergencies.

During a force majeure event, our obligations under these Terms will be suspended to the extent affected by the event. We will make reasonable efforts to mitigate the impact and resume full performance as soon as feasible. For example, if a power outage or cloud provider issue limits our ability to provide the Service, we will restore service as soon as power or the provider returns.

If a force majeure event continues for an extended period such that it becomes commercially impractical for us to continue the Service, we may terminate the Service (with a pro-rata refund for any prepaid services not delivered due to the termination, if applicable).

You similarly agree that you will not hold us liable for delays or failures resulting from such force majeure events.

Governing Law and Jurisdiction

These Terms of Service, and any disputes arising out of or related to these Terms or the Service, will be governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. This means that Delaware law will be used to interpret these Terms and adjudicate any disputes as if these Terms were a contract entered into and performed entirely within Delaware by Delaware residents.

Jurisdiction and Venue: You agree that any legal action or proceeding arising under these Terms or relating to the Service shall be brought exclusively in the federal or state courts located in the State of Delaware. You and Z3 OS each consent to the personal jurisdiction of those courts. You also waive any objection to venue in those courts, including claims that such forum is inconvenient.

If you are accessing the Service on behalf of a U.S. government entity that legally cannot accept the above venue and jurisdiction provisions, then jurisdiction and venue will instead be in the courts of competent jurisdiction based on your location, and governing law will follow federal law. In all other cases, the above Delaware governing law and forum requirements apply.

Limitations Period: To the extent permitted by law, any claim or cause of action by you relating to the Service or these Terms must be filed within one (1) year after such claim or cause of action arose, or else be forever barred. (This does not apply to claims by Z3 OS or to the extent a longer period is required by law.)

Changes to Terms; Entire Agreement

Changes to Terms: Z3 OS may update or modify these Terms from time to time. If we make a material change to the Terms, we will provide you with notice, such as by sending an email to the address associated with your account or by posting a prominent notice within the Service or on our website. The notice will designate a reasonable advance effective date for the changes. Continued use of the Service after an updated Terms of Service has become effective constitutes your acceptance of the revised Terms. If you do not agree to the new terms, you must stop using the Service and cancel your account before the new Terms take effect.

We encourage you to review the Terms periodically. For convenience, we will indicate the "last updated" date at the top of the Terms page. Any earlier version of Terms will be superseded by the updated version. Except for changes made by us as described here, no other amendment or modification of these Terms will be effective unless in writing and agreed by both you and Z3 OS.

Entire Agreement: These Terms, together with our Privacy Policy (and any additional guidelines, policies, or terms provided for specific services or features, which are incorporated herein by reference), constitute the entire agreement between you and Z3 Systems LLC regarding the Service. They supersede all prior or contemporaneous agreements, proposals, understandings, or communications (whether written or oral) between us relating to the subject matter of these Terms.

No employee or agent of Z3 OS or any other party is authorized to make any oral promises or agreements that conflict with this written agreement, and any such information should not be relied upon.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Contact Information

If you have any questions about these Terms or need to contact us for any reason, please reach out:

  • Email: legal@z3os.com
  • Mail: Z3 Systems LLC (Z3 OS) – Legal Department, 9169 W State St Suite 470, Garden City, ID 83714, USA

We will do our best to respond promptly to any inquiries.