Terms & Conditions

Welcome to oneby.ai. These Terms & Conditions ("Terms") govern your access to and use of our website, software, and services at https://oneby.ai (the "Service"). By accessing or using the Service, you agree to these Terms and to the policies referenced herein, including our Privacy Policy and Refund & Subscription Policy.

1. Acceptance & Electronic Agreement

By clicking accept, creating an account, or using the Service, you agree these Terms form a legally binding electronic agreement. Continued use after any update constitutes acceptance of the revised Terms.

2. Services Overview; Changes & Beta Features

OneBy provides a cloud platform for communications and AI-assisted productivity. We may modify, suspend, or discontinue features at any time without liability. Access to beta or experimental features is provided as-is and may be withdrawn at any time.

3. Customer Responsibilities

• Provide accurate registration and billing information and keep it current.
• Use the Service only for lawful business purposes and in compliance with all applicable laws.
• Assume full responsibility for activity under your account, including actions by employees or contractors.
• Maintain your own data exports, backups, and reasonable security on devices and networks.

4. Account Access, Security & Data Backups

You are responsible for safeguarding credentials and restricting access. We may suspend or terminate accounts for suspicious, abusive, or unlawful activity. OneBy is not a data-backup service and is not liable for loss or corruption of data due to user actions, integrations, or third-party systems.

5. AI Features, Outputs & Processing

The Service may generate AI outputs such as transcriptions, summaries, or classifications. AI outputs may contain errors and are for informational purposes only. You are responsible for verifying outputs before relying on them. OneBy does not sell AI-processed data for advertising; data is encrypted in transit and at rest.

6. Call Recording, Transcription & AI Note-Taking; Consent Laws

The Service may offer call recording, transcription, and AI-generated summaries or notes of communications ("Call Intelligence"). These are provided solely as technical features, and this section applies whether or not any audio recording is created, retained, or made available to you: some jurisdictions treat listening to, transcribing, or summarizing a communication as interception or recording that requires notice to, or consent of, one or all parties.

• OneBy operates from a one-party consent jurisdiction (New York). Other jurisdictions, including all-party-consent states such as California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington, may require the consent of every party to the communication.
• You are solely responsible for (a) determining which laws apply to your communications, (b) providing all legally required notices and obtaining all legally required consents before enabling recording, transcription, or AI summaries, and (c) configuring and using Call Intelligence features accordingly.
• By enabling any Call Intelligence feature you represent that all required notices and consents have been or will be given and obtained. OneBy provides no legal advice, makes no representation that any feature or default satisfies the law of any jurisdiction, and disclaims all liability for your compliance. Claims arising from your failure to comply are subject to your indemnification obligations in Section 12.
• OneBy provides disclosure mechanisms (for example, call announcements and an AI assistant that identifies itself). Enabling, disabling, and configuring these mechanisms appropriately for your jurisdictions is your responsibility; disabling or modifying a default disclosure is your election alone.
• You appoint OneBy as your service provider and agent for answering, processing, and documenting communications on your behalf; Call Intelligence features act solely on your instructions and on your behalf.
• OneBy processes call content solely to provide the Service to you and does not use your call content to train generalized AI models without opt-in consent.
• You are likewise solely responsible for compliance with laws that require disclosing to a caller that they are interacting with an AI or automated system.

7. Subscription, Billing & Fees

Subscriptions are billed monthly or annually and renew automatically unless canceled before the renewal date.

a) Billing & Payment; Price Changes

• All charges are due at the start of each billing cycle and are final upon activation.
• By continuing to use the Service after renewal, you authorize charges at the then-current rate; we will provide at least 15 days' notice of price changes.

b) Refunds

Subscription fees are generally non-refundable. Refund requests must be submitted within seven days of charge and may only be approved in limited circumstances such as duplicate billing or confirmed technical failure.

c) Business Texting, 10DLC Registration & Fair Use

• Business texting (two-way SMS on your business number) is an optional add-on priced at $19.99 per month per number, which includes 2,000 monthly texts under this fair-use policy.
• U.S. A2P messaging may require 10DLC brand or campaign registration. A one-time, non-refundable $199 fee per brand may apply for filing, verification, and administration. Failure to complete registration or maintain compliance does not entitle you to a refund and may limit messaging functionality.
• Fair use, texting: the allowance covers ordinary person-to-person business messaging (scheduling, updates, follow-ups) consistent with your registered use case. Bulk or marketing blasts outside your registered campaign, spam, or prohibited content are not permitted. Usage above the monthly allowance may be slowed, may require an additional number or plan, or may be billed at then-current overage rates with notice.
• Fair use, calling: lines are provided for normal business calling, not call-center, autodialer, or resale volume. International calling is disabled by default and available on request.

d) Promotional Offers

Promotional offers (for example, a free period of line service) apply as described at the time of claim: they are one per business, non-transferable, have no cash value, and begin on the date stated in the offer (for ported numbers, the day your number goes live). Offer terms for new claims may change at any time; an offer already claimed keeps the terms it was claimed under. Promotional periods cover the stated services only; optional add-ons (such as business texting) bill normally unless the offer states otherwise.

e) Equipment; Returns

• Hardware supplied by OneBy must be returned in its original packaging and condition with all accessories.
• Missing packaging or materials incur a $100 per device replacement charge.
• Devices not returned within 15 days of cancellation are deemed purchased and may be charged accordingly.
• Customer is responsible for return shipping unless otherwise agreed in writing.

f) Free Trials, Upgrades & Downgrades

• Trials convert to paid service unless canceled before expiration.
• Upgrades take effect immediately and may be prorated.
• Downgrades take effect at renewal; premium features or data may become unavailable.

g) Chargebacks & Non-Payment

Initiating a chargeback without contacting support may result in account suspension. Late fees up to 1.5% per month (or the maximum allowed by law) may apply, and we may recover reasonable collection and attorney fees.

8. Acceptable Use; Enforcement

You may not use the Service to violate law, infringe rights, send spam, disrupt the platform, or misuse AI tools. We may immediately suspend or terminate accounts for prohibited use without refund.

9. Privacy & Data Protection

Personal data is processed pursuant to our Privacy Policy and applicable law. Data is retained only as needed for Service delivery and legal obligations. You may request access, correction, or deletion of your data as described in the Privacy Policy.

10. Security

Data, including voice and AI data, is encrypted in transit and at rest. Access is restricted to authorized personnel under confidentiality and data-protection standards.

11. No Warranties; Limitation of Liability

The Service is provided as-is and as-available. OneBy does not guarantee uninterrupted or error-free operation. OneBy's total liability is limited to the fees you paid in the three months preceding the claim. We are not liable for indirect, incidental, consequential, or punitive damages.

12. Indemnification

You agree to indemnify and hold harmless OneBy and its affiliates from any claim, loss, liability, cost, or expense arising out of your use of the Service, including regulatory fines, privacy complaints, or intellectual property disputes.

13. No Reliance

No statement, demonstration, or marketing material creates any warranty or obligation not expressly stated in these Terms.

14. Governing Law; Arbitration; Class-Action Waiver

Any dispute arising from or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association in New York County, New York. Class or collective actions are waived; claims may be brought only on an individual basis.

15. Modifications

We may update these Terms at any time. Updates take effect upon posting to our website. Continued use of the Service constitutes acceptance.

16. Contact

For questions, contact support@oneby.ai or visit https://oneby.ai.

17. SMS & 10DLC Compliance Disclaimer

OneBy may send SMS messages to customers who have provided their mobile number and given permission to receive communications. By submitting your phone number through our website, forms, or account settings, you consent to receive SMS messages from OneBy related to your account, onboarding, verification, customer support, product updates, or other service-related notifications.

Message frequency varies. Message and data rates may apply. You may opt out at any time by replying STOP. Reply HELP for support or additional information. OneBy does not sell or share your phone number with third parties for marketing purposes. SMS delivery may be subject to your mobile carrier's coverage and limitations.

Your phone number will only be used for communications directly related to OneBy services and will be stored securely in accordance with this Privacy Policy and applicable law.