Terms of Service

1. Agreement to terms

These Terms of Service (the "Terms") form a binding agreement between Filo Health and the individual or entity that accesses or uses the Service ("you," "your," or "Customer"). By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

2. The Service

Filo Health provides a unified customer-communications platform: a single inbox and AI agents that businesses use to send, receive, route, and respond to messages and calls across connected channels, including WhatsApp and Instagram (Meta), Gmail (Google), Outlook (Microsoft), generic IMAP/SMTP email, and telephony and SMS via Telnyx (including AI voice agents and automated appointment reminders and notifications). We may update, add, or remove features over time.

3. Eligibility and accounts

• You must be at least 18 years old and capable of forming a binding contract.
• You are responsible for the accuracy of your account information and for safeguarding your credentials.
• You are responsible for all activity under your account, including activity by your authorized users.
• Notify us promptly at danablend@gmail.com of any unauthorized use.

4. Customer responsibilities

You are solely responsible for your use of the Service to communicate with your own contacts and customers ("End Users"). In particular, you agree that:

• You have all rights, permissions, and a lawful basis to import contact data and to contact your End Users by the channels you enable.
• You will obtain and maintain any consent required by law (including for marketing, automated calls/texts, and call recording) and honor opt-out requests.
• You will comply with all applicable laws and the rules of each connected platform and carrier (Meta, Google, Microsoft, Telnyx, and applicable telecom regulators).
• You will provide End Users with any notices required of you as the data controller, including your own privacy notice.

5. Third-party platforms

The Service connects to third-party platforms on your behalf. Your use of those platforms through the Service is also subject to their terms, including the Meta Platform Terms and WhatsApp Business Solution Terms, Google API Services User Data Policy, Microsoft APIs Terms of Use, and Telnyx's acceptable use and messaging policies. We are not responsible for third-party platforms, and they may change, limit, or terminate access to their APIs, which may affect the Service.

6. SMS / text messaging program

The Service enables you to send and receive SMS/MMS text messages through telephone numbers provisioned via Telnyx and downstream carriers. The following terms apply to the SMS messaging program operated through the Service and are intended to support carrier and 10DLC/A2P registration requirements. You must present substantially equivalent disclosures to your own End Users at the point of opt-in.

You agree not to use the SMS features to send unlawful, unsolicited, or prohibited content, and to send messages only to recipients who have provided the consent required by the Telephone Consumer Protection Act (TCPA), CTIA guidelines, carrier rules, and other applicable laws. You are responsible for maintaining records of consent and for honoring opt-outs promptly.

7. Voice calls, AI agents, and recording

The Service can place and receive phone calls, including calls handled by automated AI voice agents, and can record and transcribe calls where you enable that feature. You are responsible for obtaining any consent and providing any disclosure required by applicable one-party or all-party consent laws before recording or transcribing a call, and for disclosing the use of an automated/AI agent where required. You must comply with the TCPA and other laws governing automated dialing, prerecorded/artificial voice messages, and calling-time restrictions. See the Privacy Policy for how recordings and transcripts are handled.

8. Acceptable use

You agree not to, and not to permit others to:

• Send spam, unlawful, deceptive, harassing, or infringing content, or content prohibited by carriers or platforms (e.g., the messaging categories carriers restrict).
• Use the Service to violate the TCPA, CAN-SPAM, GDPR, CCPA/CPRA, or other applicable laws.
• Contact recipients without required consent, or fail to honor opt-out and unsubscribe requests.
• Reverse engineer, interfere with, or circumvent the security or rate limits of the Service or connected platforms.
• Resell or provide the Service to third parties except as expressly permitted.

We may suspend or limit the Service to protect users, carriers, platforms, or the public, or to comply with law.

9. Fees and payment

You agree to pay the fees for your subscription plan and any usage-based charges (for example, telephony, SMS, and AI usage), as described in your order or our pricing page. Fees are exclusive of taxes unless stated. Unless otherwise agreed, fees are billed in advance and are non-refundable except as required by law. Late or failed payments may result in suspension. We may change fees on prospective notice.

10. Intellectual property

We and our licensors own the Service and all related intellectual property. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription, subject to these Terms. You retain ownership of the content and data you submit ("Customer Data"); you grant us a limited license to host, process, and transmit Customer Data solely to provide and improve the Service and as described in the Privacy Policy and DPA.

11. Privacy and data

Our handling of personal data is described in the Privacy Policy. Where we process personal data on your behalf as a processor/service provider, our Data Processing Addendum (DPA) applies. You are the controller of End User data you route through the Service and are responsible for your lawful basis, notices, and consents.

12. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that messages and calls will always be delivered. AI-generated outputs (including agent replies and transcripts) may contain errors and should be reviewed before reliance.

13. Limitation of liability

To the maximum extent permitted by law, Filo Health and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. Our total aggregate liability arising out of or relating to the Service and these Terms will not exceed the amounts you paid to us for the Service in the [12] months preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

14. Indemnification

You will defend, indemnify, and hold harmless Filo Health and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your Customer Data, your communications with End Users, or your violation of these Terms, applicable law, or third-party platform or carrier rules (including TCPA and consent-related claims).

15. Term and termination

These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access for breach of these Terms, non-payment, legal or platform/carrier requirements, or risk to the Service. Upon termination, your right to use the Service ends; we will handle Customer Data as described in the Privacy Policy and DPA. Sections that by their nature should survive (including fees owed, IP, disclaimers, liability limits, and indemnification) survive termination.

16. Changes to these terms

We may update these Terms from time to time. We will post the updated version with a new "Last updated" date and, for material changes, provide additional notice where required. Your continued use of the Service after changes take effect constitutes acceptance.

17. Governing law and disputes

These Terms are governed by the laws of Denmark, without regard to its conflict-of-laws rules. The courts of Copenhagen, Denmark will have exclusive jurisdiction over disputes arising out of or relating to these Terms, except that consumers may bring claims in the courts of their country of residence to the extent required by mandatory local law. Nothing in these Terms limits any non-waivable statutory rights you may have.

18. Contact us

Filo Health
Email: danablend@gmail.com
Website: https://www.filohealth.io