Terms of Service

1. Service Description

DIVINYT™ ("the Service") is an AI-powered lead generation and sales automation platform provided by AI RESEARCH LLC ("the Company," "we," "us," or "our"). The Service enables businesses to automate outbound and inbound phone calls, SMS messaging, email communications, and lead management through artificial intelligence technology.

The Service includes, but is not limited to:

• AI-powered outbound and inbound phone calls
• Automated SMS messaging and follow-up sequences
• AI-driven email communications
• Lead management and CRM integration
• Campaign creation, management, and analytics
• AI lead nurture engine with autonomous follow-up
• Smart callback scheduling
• Webhook-based lead ingestion from third-party sources
• AI document analysis
• AI-powered chat assistant for lead management
• Real-time analytics and reporting dashboards
• Telegram notification integration
• Dedicated phone number provisioning

2. Acceptance of Terms

By creating an account, subscribing to a plan, or using any part of the DIVINYT™ platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional guidelines or rules applicable to specific services or features.

You represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity and authority to enter into these Terms
• If you are accepting these Terms on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms
• Your use of the Service will comply with all applicable local, state, national, and international laws and regulations
• You will not use the Service for any purpose that is unlawful, harmful, or prohibited by these Terms

Your continued use of the Service following any changes to these Terms constitutes your acceptance of the revised Terms.

3. Account Registration and Access

3.1. Registration

To use the Service, you must create an account by providing accurate, current, and complete registration information, including your name, email address, company name, and state of operation. You agree to update your information promptly if it changes.

3.2. Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password and any API keys. You agree to notify us immediately of any unauthorized use of your account. You are fully responsible for all activities that occur under your account, whether or not authorized by you.

3.3. Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms, is harmful to other users of the Service, or is harmful to us, our partners, or third parties. Upon termination, your right to use the Service will immediately cease.

3.4. Consent Recording

By creating an account and using the Service, you consent to the recording of your IP address, browser user agent, and timestamp at the time of account registration and at each subsequent payment or plan change. This information is collected for fraud prevention, dispute resolution, and compliance purposes.

4. Subscription Plans, Payments, and Billing

4.1. Subscription Plans

The Service is offered through the following subscription plans. The plans differ in capacity only — every feature of the Service is available on every plan:

The subscription fee pays for access and capacity, not for calling time. Call minutes and skip-trace lookups are purchased separately as Credits (Section 4.2) and are not included in any plan. Capacity above the plan limits may be purchased as add-ons (Section 4.9). Enterprise capacity above the figures shown may be arranged on request. Plan pricing and capacity may be updated at our discretion with reasonable notice; the price you are charged is the price disclosed to you at checkout.

4.2. Credits and Usage-Based Billing

In addition to the monthly subscription fee, use of the Service consumes Credits, which are purchased separately (Section 4.3). Credits are consumed as follows:

• 1 Credit = 1 minute of AI conversation. Call time is measured per call and rounded up to the next whole minute, so a call of any length up to 60 seconds consumes 1 Credit, a call of 61 seconds consumes 2 Credits, and so on.
• 1 Credit = 2 skip-trace lookups (0.5 Credit per contact-data lookup), charged whether or not the lookup returns a usable result, because the data provider charges us either way.
• SMS messages are billed per segment, and other usage is billed as it occurs, at the rates disclosed in your account.

Credits are deducted from your account balance in real time. If your balance reaches zero, outbound services (calls, SMS, emails) are paused until additional Credits are purchased. Credits do not expire while your subscription remains active; they are forfeited on cancellation as described in Section 9.1 and are non-refundable.

4.3. Account Balance and Top-Ups

You may add funds to your account balance via one-time top-up payments. Balance top-ups are non-refundable. Your account balance is used to pay for usage-based charges. If your balance reaches zero, outbound services (calls, SMS, emails) will be paused until additional funds are added.

4.4. Auto-Recharge

You may enable auto-recharge, which automatically adds funds to your account when your balance falls below a configured threshold. By enabling auto-recharge, you authorize AI RESEARCH LLC to charge your payment method on file for the configured amount without additional confirmation. You may disable auto-recharge at any time through your account settings.

4.5. Payment Processing

All payments are processed securely through Stripe, Inc. By providing your payment information, you authorize Stripe to process payments on our behalf. All transactions may be subject to 3D Secure authentication for fraud prevention. We do not store your full credit card information on our servers.

4.6. Failed Payments

If a payment fails, we may retry the charge, suspend your account, or downgrade your plan. You are responsible for ensuring your payment method is valid and has sufficient funds. We are not liable for any service interruption caused by failed payments.

4.7. Statement Descriptor

Charges from DIVINYT™ will appear on your bank or credit card statement as "DIVINYT AI" or a similar descriptor associated with AI RESEARCH LLC.

4.8. Promotional and Introductory Pricing

From time to time, DIVINYT™ may offer promotional pricing or introductory discounts (such as a discounted first month, a trial period at a reduced price, or a percentage off the standard plan price) which may be redeemed via promo codes during registration or checkout.

By redeeming any promotional offer, you expressly acknowledge and agree that:

• The discount applies only to the specified introductory period stated at checkout (for example, "first month", "first 7 days", or "one billing cycle").
• After the introductory period ends, your subscription will automatically renew at the full standard plan price ($97/month for Starter, $350/month for Business, $697/month for Enterprise, or such other price as then in effect).
• Stripe Checkout discloses both the introductory price and the post-introductory recurring price before you submit payment; your completion of payment is your explicit acceptance of both prices.
• Promotional charges and post-promotional renewal charges are non-refundable under the Non-Refundable Policy stated in this Agreement.
• You may cancel your subscription at any time from Dashboard → Billing before the next billing cycle to avoid the post-introductory charge; no refund will be issued for promotional amounts already paid.
• Only one promotional offer may be redeemed per email address; promo codes cannot be combined or stacked.
• A promotional charge is consideration for immediate access to the Service for the introductory period. Access is provisioned as soon as payment succeeds, and the service is therefore delivered in full for that period. For this reason the promotional charge is non-refundable once access has been provisioned, whether or not you choose to use the Service.
• Cancelling before renewal is your responsibility. Your subscription renews automatically at the standard plan price unless you cancel in Dashboard → Billing before the renewal date. Failure to cancel is not grounds for a refund or chargeback.
• You acknowledge that DIVINYT™ retains, and may submit in response to any payment dispute or chargeback, records evidencing this Agreement: the Stripe Checkout record showing both the introductory and the recurring price shown to you before payment, your acceptance of these Terms with version and timestamp, and your account’s service-usage logs.
• Initiating a chargeback for a charge disclosed to you before payment and for which access was provisioned is a breach of this Agreement and may result in suspension of your account under Section 9.

4.9. Add-Ons and One-Time Services

You may purchase capacity above your plan limits, billed monthly on the same subscription and shown as separate lines on the same invoice:

• Additional user — $50 per user per month.
• Additional phone number — $15 per number per month.
• Inventory module — $100 per month. This add-on enables the vehicle-inventory capability (importing your inventory and allowing the AI to reference specific vehicles on calls and messages). It is required for, and enabled as part of, accounts registered under the Auto Dealer vertical.

Auto Dealer accounts. If you register under the Auto Dealer vertical, the Inventory module add-on is enabled together with your subscription and is billed on the same subscription as a separate line on the same invoice, so that your monthly charge is the combined total of your plan fee plus the Inventory add-on (for example, a plan at $350 per month plus the $100 Inventory add-on is billed as $450 per month). By completing checkout you expressly authorize this combined recurring charge. The Inventory add-on, like every fee charged by DIVINYT™, is final and non-refundable under the Non-Refundable Policy stated in this Section 4, and no refund, credit, or chargeback is owed for any billing period that has begun, whether or not you use the Inventory capability during that period.

When you add an add-on, your payment method is charged immediately for the remaining portion of the current billing period, and the add-on renews monthly thereafter. You may remove an add-on at any time, provided the resource is not in use; removal takes effect at the next billing period and no refund is issued for the period already paid. Campaigns and concurrent calling capacity are not sold as add-ons and are available only by moving to a higher plan.

We also offer one-time services, currently including website setup meeting mobile carrier requirements for messaging registration, at $250 per website. One-time service fees are charged at purchase and are non-refundable. Delivery timelines for one-time services are estimates, not guarantees.

5. Data Collection and Use

5.1. Data We Collect

In connection with the Service, we collect and process the following types of data:

• Account information (name, email, company name, state)
• Payment information (processed through Stripe; we do not store full card details)
• Lead data you upload or generate through the Service (names, phone numbers, email addresses, addresses)
• Call recordings and transcriptions
• SMS and email message content
• Usage data and analytics
• IP addresses and browser user agent information
• Documents uploaded for AI analysis

5.2. TCPA Compliance

5.3. CCPA Compliance

If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA), including the right to know what personal information we collect, the right to request deletion of your personal information, and the right to opt-out of the sale of your personal information. We do not sell personal information. To exercise your CCPA rights, contact us at legal@divinyt.ai.

5.4. GDPR Compliance

For users in the European Economic Area (EEA), we process personal data in accordance with the General Data Protection Regulation (GDPR). Our lawful basis for processing includes performance of contract, legitimate interests, and consent where applicable. You have the right to access, rectify, erase, restrict processing, and port your personal data. To exercise your GDPR rights, contact us at legal@divinyt.ai.

5.5. Data Retention

We retain your data for as long as your account is active or as needed to provide the Service. Upon account termination, we may retain certain data as required by law or for legitimate business purposes (e.g., dispute resolution, fraud prevention). Call recordings and transcriptions are retained for the duration of your subscription unless earlier deletion is requested.

5.6. Data Security

We implement commercially reasonable technical and organizational measures to protect your data, including encryption in transit and at rest, access controls, and regular security assessments. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security.

6. Intellectual Property

6.1. Ownership

All right, title, and interest in and to the DIVINYT™ platform, including but not limited to all software, algorithms, artificial intelligence models, prompts, user interfaces, text, graphics, logos, icons, images, audio clips, data compilations, and the overall look and feel of the Service, are and shall remain the exclusive property of AI RESEARCH LLC.

6.2. Trademarks

DIVINYT™ and DIVINYT.AI™ are trademarks of AI RESEARCH LLC. All rights reserved. Use of these marks without the prior written consent of AI RESEARCH LLC is strictly prohibited and may result in civil and criminal penalties.

6.3. Copyright

The Service and all Content are protected by copyright under United States and international laws. © 2025-2026 AI RESEARCH LLC. All rights reserved.

6.4. Trade Secrets

The software underlying the Service contains trade secrets and proprietary information of AI RESEARCH LLC. Any unauthorized access to, use of, or disclosure of such information is a violation of applicable trade secret laws, including the Defend Trade Secrets Act (18 U.S.C. § 1836) and the New Jersey Trade Secrets Act (N.J.S.A. 56:15-1 et seq.).

6.5. User License

By subscribing to DIVINYT™, you receive a limited, non-exclusive, non-transferable license to use the platform for your internal business purposes only.

6.6. Restrictions

You may NOT:

• Copy, modify, or create derivative works based on the Service or any part thereof
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service
• Sell, lease, license, sublicense, distribute, or otherwise make the Service available to any third party
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Service
• Use the Service or any part thereof to build or create a competing product or service
• Scrape, data mine, or use automated means to extract data from the Service for any purpose not expressly authorized by AI RESEARCH LLC
• Share your account access credentials with any third party, or allow multiple individuals to use a single account

6.7. User Content

You retain all rights to data you upload. You grant AI RESEARCH LLC a limited license to process your data solely for providing the Service.

6.8. Feedback

Any feedback or suggestions you provide regarding the Service shall become the sole property of AI RESEARCH LLC. We may use, reproduce, modify, and distribute such feedback without any obligation or compensation to you.

6.9. DMCA

If you believe that any content available through the Service infringes your copyright, please submit a notice in accordance with the Digital Millennium Copyright Act (DMCA) to: legal@divinyt.ai. Your notice must include a description of the copyrighted work, identification of the infringing material, your contact information, and a statement under penalty of perjury that you are the copyright owner or authorized to act on behalf of the owner.

7. Usage Restrictions

You agree not to use the Service to:

• Send unsolicited bulk communications (spam), including but not limited to unsolicited calls, SMS messages, or emails that violate applicable anti-spam laws
• Engage in any illegal, fraudulent, deceptive, or harmful activities, including phishing, identity theft, or financial fraud
• Distribute malware, viruses, trojans, worms, or any other malicious code or software designed to damage, disrupt, or gain unauthorized access to computer systems
• Scrape, crawl, or use automated tools to extract data from the Service without prior written authorization
• Harass, threaten, intimidate, or abuse any individual through the Service
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
• Attempt to gain unauthorized access to the Service, other user accounts, or any related systems or networks
• Use the Service in violation of any applicable export control laws or sanctions
• Use the Service to make calls or send messages to numbers on the National Do Not Call Registry without proper consent

Violation of these restrictions may result in immediate suspension or termination of your account, without refund, and may subject you to legal liability.

8. Limitation of Liability

8.1. No Guarantees

AI RESEARCH LLC does not warrant or guarantee that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from the Service will be accurate, reliable, or complete
• The quality of any products, services, information, or materials obtained through the Service will meet your expectations
• Any errors in the Service will be corrected
• The AI will generate specific outcomes, conversion rates, or sales results

8.2. Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AI RESEARCH LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your data or transmissions
• Actions taken or decisions made by the AI on your behalf

8.3. Maximum Liability

9. Cancellation and Refund Policy

9.1. Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation:

• Your subscription will remain active until the end of the current billing period
• No prorated refunds will be issued for the remaining portion of your billing period
• Your account balance (if any) will not be refunded
• Your data will be retained for 30 days after the end of your subscription, after which it may be permanently deleted
• Dedicated phone numbers assigned to your account will be released

9.2. Chargebacks and Disputes

By accepting these Terms, you agree not to file chargebacks or payment disputes with your bank or credit card company for legitimate charges. If a chargeback is filed, we will submit comprehensive evidence of your consent, usage, and authorization. Filing a fraudulent chargeback may result in:

• Immediate suspension of your account
• Collection of the disputed amount plus any applicable fees
• Reporting to credit agencies and fraud prevention databases
• Legal action to recover amounts owed

9.3. Downgrade

If you downgrade your plan, the change takes effect at the beginning of your next billing period — you keep the full capacity of your current plan for the period you have already paid for. No refund is issued for the difference in plan pricing.

Before you confirm a downgrade, we show you which of your campaigns, users and phone numbers exceed the limits of the lower plan. When the downgrade takes effect:

• campaigns above the new limit are paused, not deleted, and can be restarted within the limits of your plan;
• user accounts above the new limit are deactivated; the account owner is never deactivated;
• phone numbers above the new limit are released and returned to our pool, and we cannot guarantee that a released number can be reassigned to you later;
• your leads, call history, recordings and Credits are not affected;
• capacity you separately purchased as an add-on (Section 4.9) is retained.

You may choose which campaigns, users and numbers to keep. If you do not choose, we keep those most recently in use.

10. Modifications to Terms

AI RESEARCH LLC reserves the right to modify, update, or replace any part of these Terms of Service at any time at our sole discretion. Changes will be effective immediately upon posting the updated Terms on the Service. It is your responsibility to review these Terms periodically.

For material changes that significantly affect your rights or obligations, we will make reasonable efforts to notify you by email or through a prominent notice on the Service at least 15 days before the changes take effect.

Your continued use of the Service following the posting of any changes constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

11. Governing Law and Dispute Resolution

11.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

11.2. Binding Arbitration

The arbitration shall be conducted by a single arbitrator. The arbitration shall take place in the State of Delaware or, at the election of the claimant, via telephone or video conference. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

11.3. Class Action Waiver

11.4. Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

11.5. Statute of Limitations

You agree that any claim or cause of action arising out of or related to the use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

12. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

13. Telephony Onboarding

The Service includes a telephony onboarding flow that registers an A2P 10DLC Brand and at least one A2P 10DLC Campaign on the Customer's behalf with The Campaign Registry. The Brand is registered on the Customer's own EIN.

The terms governing this onboarding are set out in the Brand Registration Authorization, which the Customer accepts by submitting the telephony onboarding form. The Brand Registration Authorization is incorporated into these Terms by reference.

The A2P 10DLC Brand registered on the Customer's EIN remains the Customer's record with The Campaign Registry whether or not the Customer continues using the Service. AI Research LLC does not own or control the Brand.

14. Acceptable Use Policy

The Customer's use of the Service is governed by the Acceptable Use Policy ("AUP"). The AUP is incorporated into these Terms by reference.

AI Research LLC may, without prior notice, suspend the Customer's outbound messaging or calling service for any breach of the AUP. AI Research LLC may terminate the account for repeated or material breach of the AUP after the notice and cure period set out in the AUP.

15. Customer Compliance Responsibilities

15.1. Compliance

The Customer is solely responsible for compliance with the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, the FCC's implementing regulations at 47 C.F.R. § 64.1200, the FTC's Telemarketing Sales Rule at 16 C.F.R. Part 310, and any applicable state telemarketing, call-recording, or do-not-call statute.

15.2. Consent

The Customer represents and warrants that the Customer has obtained, or will obtain prior to any outbound message or call, prior express consent — or, where the law requires it, prior express written consent — from each recipient on the Customer's lead lists.

15.3. Do Not Call

The Customer represents and warrants that the Customer's lead lists are scrubbed against the National Do Not Call Registry and any applicable state and internal do-not-call list at least every 31 days.

15.4. Identification

The Customer is responsible for accurate sender identification in every message and on every call as required by 47 C.F.R. § 64.1200(d) and CTIA messaging principles.

15.5. Opt-Out

The Customer is responsible for honoring opt-out requests within 10 business days, regardless of the channel through which the request was received. The Service automatically honors STOP, UNSUBSCRIBE, REMOVE, OPT OUT, and similar keywords across SMS and voice on the Customer's behalf; that automation is a convenience and does not relieve the Customer of the underlying obligation.

15.6. Recording

If the Customer enables the optional recording disclosure on a campaign or otherwise records calls into an all-party-consent state, the Customer is solely responsible for ensuring that the disclosure satisfies that state's law.

16. Indemnification

The Customer shall indemnify, defend, and hold harmless AI Research LLC and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, actions, suits, judgments, fines, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• any outbound communication initiated by or on behalf of the Customer through the Service;
• any breach by the Customer of the Customer's representations or warranties under Section 15 of these Terms;
• any breach by the Customer of the AUP;
• any allegation that the Customer's traffic violated the TCPA, the TSR, the FCC's implementing regulations, any state telemarketing or call-recording statute, or any do-not-call law; or
• any claim brought by a recipient of the Customer's traffic.

This indemnification obligation survives termination of these Terms and the Customer's use of the Service.