Terms of Service

Last updated: June 26, 2026

These Terms of Service (“Terms”) govern your use of the PNDA platform operated by PNDA (“we,” “us,” or “our”) at pnda.ai. By creating an account or using our services, you agree to be bound by these Terms and the Client Agreement below.

Services

PNDA provides an AI voice receptionist, SMS messaging, appointment booking, knowledge base management, and analytics for local service businesses. Features included in your subscription depend on your selected plan. PNDA may add, modify, or deprecate features at any time, with reasonable advance notice for material changes.

Phone Numbers and SMS

PNDA provisions and manages dedicated phone numbers on your behalf through our telecommunications partners (Twilio and Vapi). You acknowledge that:

• Phone numbers assigned to your account remain the property of PNDA and are licensed to you for the duration of your active subscription.
• PNDA manages A2P 10DLC compliance and SMS campaign registration centrally on behalf of all clients. You are not required to register independently.
• All SMS messages sent through PNDA must comply with the TCPA, CAN-SPAM Act, and applicable carrier rules. You are responsible for obtaining caller consent where required.
• Upon cancellation, phone numbers may be reclaimed or released by PNDA after the grace period described in the Suspension and Termination section.

Acceptable Use

You agree not to use PNDA to:

• Violate any applicable law or regulation
• Make deceptive, fraudulent, or misleading calls or messages
• Send unsolicited bulk communications (spam) or robocalls
• Impersonate individuals or misrepresent your business identity
• Transmit malicious code or interfere with platform operations
• Collect or harvest personal information without consent
• Use the platform for any illegal telemarketing activity
• Resell, sublicense, or expose PNDA services to third parties without our written consent

Violation of this Acceptable Use Policy may result in immediate suspension or termination without refund.

HIPAA Acknowledgment

PNDA can support HIPAA-aligned workflows for healthcare clients after compliance onboarding is complete. You acknowledge that:

• You must not transmit Protected Health Information (PHI) through the PNDA platform unless PNDA has expressly confirmed your account is configured for HIPAA-aligned operation and a Business Associate Agreement (BAA) has been executed.
• Starter, Growth, and other self-serve plans are not configured for PHI by default. HIPAA configuration is available only for Concierge and custom healthcare plans after compliance review.
• You are responsible for ensuring that your use of the platform complies with HIPAA, state privacy laws, and any other regulations applicable to your business.

To request HIPAA onboarding, email legal@pnda.ai.

Business Associate Agreement

A Business Associate Agreement (BAA) is available to Concierge and custom healthcare clients after PNDA has completed compliance review and confirmed HIPAA-aligned account configuration. BAAs are not available on Starter or Growth self-serve plans unless PNDA has expressly approved HIPAA configuration for your account.

To request a BAA, email legal@pnda.ai. Once executed, the BAA governs PNDA's handling of PHI on your behalf in accordance with HIPAA and the HITECH Act.

Indemnification

You agree to indemnify, defend, and hold harmless PNDA, its officers, employees, and affiliates from any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorney's fees) arising from: (a) your use of the platform; (b) your violation of these Terms or the Acceptable Use Policy; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights, including intellectual property and privacy rights.

Suspension and Termination

PNDA may suspend or terminate your account for any of the following reasons:

• Failure to pay subscription fees by the due date
• Violation of the Acceptable Use Policy or any provision of these Terms
• Suspected fraudulent, deceptive, or illegal activity
• Carrier or platform partner request
• Repeated abuse complaints from message recipients

Upon termination, your account will enter a 30-day read-only grace period during which you may export your data. After the grace period, your account, phone numbers, and associated data will be permanently deleted.

Limitation of Liability

To the maximum extent permitted by law:

• PNDA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PNDA DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE.
• PNDA does not guarantee that the AI agent will handle every call perfectly, that the service will be uninterrupted, or that all information provided will be error-free.
• PNDA is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost revenue, lost customers, or business interruption.
• PNDA's total aggregate liability for any claim arising from your use of the platform shall not exceed the amount you paid PNDA in the three (3) months preceding the claim.
• PNDA is not responsible for actions taken by callers based on information provided by the AI agent.

Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually) at the then-current rate. You authorize PNDA to charge your payment method on file for each renewal until you cancel. You may cancel auto-renewal at any time from the Billing page in your dashboard or by emailing legal@pnda.ai. Cancellation takes effect at the end of the current billing period.

Governing Law

This Client Agreement and these Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict of law principles. Any disputes arising from this Agreement will be resolved exclusively in the state or federal courts located in New Jersey, and you consent to personal jurisdiction in those courts.

General Terms of Service

1. Service Description

PNDA provides an AI-powered receptionist and business automation platform for local service businesses. Our services include:

• AI voice agents that answer inbound phone calls on behalf of your business
• Automated appointment booking and calendar management
• SMS messaging capabilities for customer communication
• Call analytics, transcripts, and performance dashboards
• Knowledge base management for AI agent training
• CRM pipeline and lead tracking

2. Account Registration

To use PNDA, you must create an account and provide accurate, complete information. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must notify us immediately at legal@pnda.ai if you suspect unauthorized access.

3. Acceptable Use

You agree not to use PNDA to:

• Violate any applicable law or regulation
• Make deceptive, fraudulent, or misleading calls or messages
• Send unsolicited bulk communications (spam)
• Impersonate individuals or misrepresent your business identity
• Transmit malicious code or interfere with platform operations
• Collect or harvest personal information without consent
• Use the platform for any illegal telemarketing or robocalling activity

We reserve the right to suspend or terminate accounts that violate these terms without prior notice.

4. Subscription and Billing

• PNDA is offered as a subscription service with monthly or annual billing plans.
• Your subscription includes a base allocation of call minutes, SMS messages, and features as described in your selected plan.
• Usage exceeding your plan allocation will be billed at the metered overage rates displayed on your billing page.
• All payments are processed securely through Stripe. We do not store your payment card details on our servers.
• Prices are subject to change with 30 days' written notice. Existing subscriptions will be honored at their current rate until the end of the current billing period.
• You are responsible for all applicable taxes associated with your subscription.

5. Cancellation and Refunds

• You may cancel your subscription at any time from the Billing page in your dashboard or by contacting legal@pnda.ai.
• Upon cancellation, your account will remain active until the end of your current billing period. No partial refunds are issued for unused time.
• After your billing period ends, your AI agent will stop answering calls and your account will be placed in a read-only state for 30 days, during which you may export your data.
• After the 30-day grace period, your account and associated data will be permanently deleted.

6. AI-Generated Content Disclaimer

PNDA uses artificial intelligence to handle phone calls, analyze transcripts, and generate responses on behalf of your business. You acknowledge and agree that:

• AI-generated responses may occasionally be inaccurate, incomplete, or inappropriate despite our best efforts to ensure quality.
• Outputs that appear accurate because of their detail or specificity may still contain material inaccuracies, and the AI may not reflect the most current or complete information. You should not rely on AI-generated responses without independent verification.
• You are responsible for reviewing and maintaining the accuracy of your knowledge base, service information, and pricing that the AI agent uses to respond to callers.
• PNDA is not a substitute for licensed professional advice (medical, legal, financial). The AI agent provides general business information only.
• You are responsible for ensuring that the AI agent's responses comply with regulations applicable to your industry.
• Call recordings and transcripts are generated automatically and may contain errors in transcription.

7. AI Disclosure, Call Recording, and Consent

You acknowledge and agree that:

• Callers to your PNDA-powered phone number may interact with an AI assistant rather than a human.
• Calls may be recorded, transcribed, summarized, and analyzed by PNDA and its subprocessors to provide the service, generate analytics, and improve call handling.
• You are responsible for providing any legally required disclosures and obtaining any necessary consents for call recording, AI interaction, SMS messaging, and any industry-specific requirements applicable to your business and jurisdiction.
• PNDA may provide disclosure prompts or recommended language (e.g., “This call may be recorded” and “You are speaking with an AI assistant”) but does not guarantee that these satisfy all legal requirements in your jurisdiction.

8. Emergency Communications Disclaimer

PNDA is not designed for emergency communications. The AI receptionist is not a substitute for 911 or local emergency services. If a caller has a medical emergency, safety threat, or other urgent situation, they should call 911 or their local emergency number directly. PNDA is not liable for any harm resulting from reliance on the AI agent in an emergency situation.

9. Service Availability and Third-Party Dependencies

PNDA relies on third-party infrastructure and service providers — including but not limited to Twilio, Vapi, ElevenLabs, OpenAI, Anthropic, Supabase, Vercel, and Stripe — to deliver its services. You acknowledge and agree that:

• PNDA does not guarantee any specific level of uptime, availability, or response time unless a separate written Service Level Agreement (SLA) has been executed with you. No SLA is implied by these Terms.
• The service may be unavailable, delayed, degraded, or interrupted due to events outside PNDA's reasonable control, including third-party outages, API failures, suspended or rate-limited API keys, telecom or carrier disruptions, network failures, hosting provider downtime, or changes made by any third-party provider.
• PNDA is not liable for any missed calls, missed messages, failed or delayed bookings, lost leads, lost revenue, or other losses resulting from any service interruption, outage, or failure of the platform or its third-party providers.
• You are responsible for maintaining an alternative or backup method of receiving calls and messages, and for monitoring your own business operations. PNDA is intended to assist with, not exclusively replace, your customer communications.
• The service is provided strictly on an “as is” and “as available” basis, and your use of the platform is at your own risk.

Force Majeure. PNDA shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or telecommunications failures, power outages, cyberattacks, or the failure, outage, or discontinuation of any third-party service or infrastructure on which PNDA depends.

10. Intellectual Property

The PNDA platform, including its software, design, branding, and documentation, is owned by PNDA and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the platform for your business operations. You retain ownership of your business data, knowledge base content, and call recordings.

11. Limitation of Liability

To the maximum extent permitted by law:

• PNDA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PNDA DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE.
• We do not guarantee that the AI agent will handle every call perfectly, that the service will be uninterrupted, or that all information provided will be error-free.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost revenue, lost customers, or business interruption.
• Our total liability for any claim arising from your use of PNDA shall not exceed the amount you paid us in the three (3) months preceding the claim.
• We are not responsible for actions taken by callers based on information provided by the AI agent.

12. Indemnification

You agree to indemnify and hold harmless PNDA, its officers, employees, and affiliates from any claims, losses, or damages (including attorney's fees) arising from your use of the platform, violation of these Terms, or infringement of any third-party rights.

13. Governing Law

These Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict of law principles. Any disputes arising from these Terms will be resolved in the state or federal courts located in New Jersey.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or a notice on the platform at least 30 days before they take effect. Continued use of PNDA after changes take effect constitutes acceptance of the updated Terms.

15. Contact Us

If you have questions about these Terms of Service, contact us at:

Email: legal@pnda.ai
PNDA
pnda.ai