Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Trillion AI website and the OMI and Sales Coach services (collectively, the "Services") provided by Trillion AI, LLC, a Pennsylvania limited liability company ("Trillion AI," "we," "our," or "us"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Eligibility and accounts

You must be at least 18 years old and authorized to bind the business you represent to use the Services. You are responsible for the accuracy of your account information and the security of your credentials. The Services are offered solely to businesses located in the United States. Trillion AI does not target or knowingly serve users in the European Economic Area, the United Kingdom, or Switzerland, and the Services are not directed to children under 16.

2. Subscriptions, billing, and renewal

Subscriptions to the Services are billed monthly in advance unless otherwise agreed. Setup fees, where applicable, are billed once at the beginning of the engagement. Subscriptions automatically renew each month at the then-current price until canceled. By providing a payment method, you authorize Trillion AI and its payment processor to charge that method on the recurring schedule.

All fees are exclusive of applicable sales, use, value-added, GST, and similar taxes, except taxes based on Trillion AI's net income. Where Trillion AI is required by law to collect such taxes, they will be itemized on the invoice.

3. Cancellation and refunds

You may cancel at any time by notifying billing@trillionai.agency. Cancellation takes effect at the end of the then-current billing month. Refund eligibility is governed by our Refund & Cancellation Policy.

4. Customer data and license

You retain ownership of the data you put into the Services ("Customer Data"). You grant Trillion AI a limited, non-exclusive license to host, process, transmit, and display Customer Data solely to provide and improve the Services. You are responsible for the legality of Customer Data and for obtaining any consents required to put it into the Services, including consent to record audio conversations through Sales Coach.

For clarity, Trillion AI will not use Customer Data — including audio recordings, transcripts, or other content originating from your end-customers, prospects, or employees — to train artificial intelligence or machine-learning models without your separate written consent. Aggregated and de-identified usage telemetry not derived from the substantive content of Customer Data may be used to operate, troubleshoot, and improve the Services. "De-identified" means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, consistent with Cal. Civ. Code § 1798.140(m), and Trillion AI maintains technical safeguards and contractual prohibitions against re-identification.

5. Personal information and processor role

Recordings, transcripts, and other Customer Data processed through the Services may contain personal information of your customers, prospects, employees, and other end-users. As between the parties, you are the controller (or "business," as applicable) of such personal information, and Trillion AI acts as service provider or processor. Trillion AI will use such personal information solely to provide the Services and as otherwise permitted by these Terms.

If you are, or your end-customers include, healthcare providers (HIPAA-covered entities), financial institutions subject to the Gramm-Leach-Bliley Act, businesses subject to industry-specific data-handling rules, or you otherwise require additional contractual data-protection terms (such as a Data Processing Agreement, Standard Contractual Clauses, or Business Associate Agreement), you must notify Trillion AI in writing before activation. Trillion AI may decline to provide the Services in any context where appropriate safeguards cannot be agreed upon.

No biometric processing. Trillion AI does not extract, store, or process voiceprints, faceprints, retina or iris scans, fingerprints, hand or facial geometry, or other biometric identifiers as defined under the Illinois Biometric Information Privacy Act (740 ILCS 14), the Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code § 503.001), the Washington Biometric Privacy Law (RCW 19.375), or comparable state biometric statutes. Audio recordings and transcripts are processed for content analysis and AI Scoring only. If this changes, Trillion AI will provide written notice and obtain consent before any biometric processing begins.

6. Acceptable use

You may not use the Services to: (a) violate any law; (b) record any conversation in a manner not permitted by applicable law, including any two-party-consent requirements; (c) send unsolicited or unlawful communications; (d) infringe intellectual property or privacy rights; (e) attempt to gain unauthorized access to the Services; or (f) interfere with the Services' operation, security, or other users' use.

7. Third-party services and integrations

The Services may integrate with third-party platforms (for example, calendars, ad platforms, payment processors, SMS providers). Your use of those third-party services is governed by their own terms. Trillion AI is not responsible for third-party services.

8. Change orders and additional services

From time to time the parties may agree to add scope to an active subscription — for example, additional implementation hours, custom configuration, additional usage tiers, or one-off projects. Any such addition requires a written change order signed or affirmatively accepted in writing (including by email) by both parties. An approved change order is incorporated into and governed by these Terms. Work on additional scope items will not begin until the change order is approved and, where applicable, the additional fee is paid or invoiced.

9. Intellectual property

The Services, including all software, content, and trademarks, are owned by Trillion AI and its licensors and are protected by intellectual-property laws. Subject to these Terms, Trillion AI grants you a limited, non-exclusive, non-transferable right to access and use the Services during your subscription.

Trillion AI represents that it has the right to grant the license set forth in these Terms. Trillion AI will defend you against any third-party claim that your authorized use of the Services infringes a U.S. patent, copyright, or trademark, or misappropriates a trade secret, and will pay damages finally awarded against you on such claim, provided you (i) promptly notify Trillion AI in writing, (ii) give Trillion AI sole control of the defense and settlement, and (iii) provide reasonable cooperation. Trillion AI's obligations under this paragraph are excluded for claims arising from (a) Customer Data, (b) your combination of the Services with non-Trillion-AI products, or (c) modifications to the Services not made by Trillion AI. This paragraph states Trillion AI's sole liability and your sole remedy for IP infringement claims.

You will not, and will not permit any third party to, (a) reverse-engineer, decompile, disassemble, or attempt to derive the source code, models, weights, prompts, embeddings, or underlying algorithms of the Services; (b) use the Services or any output to develop, train, or improve a competing product or machine-learning model; (c) circumvent any technical or usage limitations of the Services; or (d) access the Services to benchmark or compile a competing product.

10. Confidentiality

Each party will protect the other's confidential information using reasonable care and use it only to perform under these Terms.

11. Independent contractor; no employment relationship

Trillion AI provides the Services as an independent contractor. Trillion AI personnel and the Services' AI components are not employees, agents, or joint employers of you or your representatives. Trillion AI has no authority over the hiring, firing, discipline, compensation, scheduling, quotas, or terms and conditions of employment of your personnel, and you retain sole authority over all such matters. AI-generated coaching feedback and similar Service outputs are informational only and do not constitute direction, supervision, or control of your workforce.

12. Security

Trillion AI maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, use, alteration, and disclosure. These safeguards include, at a minimum, encryption of Customer Data in transit using industry-standard protocols and encryption at rest for stored audio recordings and transcripts, role-based access controls, logging of administrative access, and employee confidentiality obligations. No specific security-framework certification (such as SOC 2, ISO 27001, or HITRUST) is implied or warranted by these Terms. If you require a specific certification, contractual security addendum, audit right, or penetration-test report, you must request it in writing before activation; Trillion AI may decline or condition such requests, and may require an additional fee or signed addendum.

Security incident notification. If Trillion AI confirms a security incident affecting your Customer Data, Trillion AI will notify you without undue delay and in any event within seventy-two (72) hours of confirmation, will provide reasonably available information about the incident, and will cooperate with your reasonable requests for information needed to satisfy your notification obligations under applicable law.

13. Subprocessors

Trillion AI may engage third-party service providers ("Subprocessors") — including cloud-hosting providers, AI model and API providers, transcription providers, payment processors, and analytics providers — to process Customer Data on its behalf in support of the Services. Trillion AI remains responsible for its Subprocessors' performance of obligations under these Terms. A current list of Subprocessors is available to active customers on written request to legal@trillionai.agency. Trillion AI may add or replace Subprocessors at its discretion, provided that any new Subprocessor is bound by data-protection obligations no less protective than those in these Terms. Your sole and exclusive remedy if you object in good faith to a new Subprocessor is to terminate the affected Services on thirty (30) days' written notice and receive a pro-rated refund of any prepaid, unused fees for the affected Services.

14. Service availability and force majeure

We work to keep the Services available but do not guarantee uninterrupted operation. Scheduled maintenance, third-party outages, and events of force majeure may affect availability. The Services are not guaranteed to capture every recording, transcription, or AI output without error, omission, or interruption. Failure to capture a recording, generate a transcript, or surface a coaching insight is not a breach of these Terms, and your sole and exclusive remedy for any service unavailability or output failure is termination as set forth in §18.

Force majeure. Neither party will be liable for any delay or failure to perform (other than payment obligations) to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, earthquake, war, terrorism, civil disturbance, riot, embargo, government action, public-health emergencies or pandemics, labor disputes, internet or telecommunications failures, denial-of-service attacks, and failures or outages of upstream service providers (including cloud-hosting providers, AI model providers, and transcription providers). The affected party will use commercially reasonable efforts to mitigate the impact and resume performance promptly. If a force-majeure event continues for more than thirty (30) consecutive days, either party may terminate the affected Services on written notice without further liability.

15. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRILLION AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRILLION AI DOES NOT GUARANTEE ANY SPECIFIC BUSINESS RESULTS, REVENUE, LEAD VOLUMES, OR CLOSE RATES.

AI-generated outputs from the Services — including coaching feedback, surfaced "objections" or "missed opportunities," scorecards, transcriptions, summaries, and similar interpretations — are algorithmic outputs produced by machine-learning models. They are not legal advice, employment advice, financial advice, medical advice, or any other form of professional advice, and they may contain errors, omissions, or misclassifications. You are solely responsible for any decisions you make based on AI-generated outputs, including any employment, disciplinary, or business decisions involving your personnel or customers.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRILLION AI'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES YOU PAID TO TRILLION AI IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. TRILLION AI WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL.

17. Indemnification

You will defend, indemnify, and hold harmless Trillion AI, its affiliates, officers, employees, and agents from third-party claims, losses, damages, and expenses (including reasonable attorneys' fees) arising out of:

• (a) Customer Data and recording-consent obligations. You are responsible for, and will defend and indemnify Trillion AI against, any claim arising from the recording, transcription, distribution, or other processing of in-person oral communications, telephonic conversations, audio, or video through the Services — whether the recording is performed by you, your representatives, or by Trillion AI on your behalf, and whether captured during in-home consultations, on customer premises, by telephone, or in any other context — including claims under the federal Wiretap Act (18 U.S.C. § 2510 et seq.); state two-party-consent, eavesdropping, and surveillance statutes including but not limited to California's Invasion of Privacy Act (Cal. Penal Code § 632), the Pennsylvania Wiretapping and Electronic Surveillance Control Act (18 Pa.C.S. § 5703), and Florida's Security of Communications Act (Fla. Stat. § 934.03); and common-law privacy claims including intrusion upon seclusion. You are responsible for ensuring that, before initiating or permitting any recording through the Services, your representatives provide any required disclosures and obtain all required consents from end-customers and other parties to the conversation;
• (b) your use of the Services in violation of these Terms or applicable law; or
• (c) your products, services, or business operations.

18. Termination, data export, and survival

We may suspend or terminate the Services if you materially breach these Terms, fail to pay, or use the Services in a way that creates legal or operational risk. You may cancel as described in §3. Upon termination of the Services for any reason, your right to use the Services ends.

For thirty (30) days following the termination effective date, you may request export of recordings, transcripts, AI Scoring outputs, Auto Email Reports, dashboard data, and other Customer Data via written notice to legal@trillionai.agency or billing@trillionai.agency. Standard exports — raw audio files, transcript text, scoring outputs, and dashboard data (PDF, TXT, or CSV as applicable) — will be provided at no charge. Bespoke export formats, large-volume data migrations, or assistance integrating exported data with third-party systems may be billed at Trillion AI's then-current professional-services rate, subject to a written estimate accepted by you in advance. After the thirty-day window, Trillion AI may delete Customer Data subject to legal retention obligations and reasonable backup-retention practices.

Survival. The following provisions survive any expiration or termination of these Terms: §2 (with respect to fees accrued before termination), §4 (Customer Data ownership and license restrictions), §5, §9 (Intellectual Property, including the IP-defense paragraph and anti-reverse-engineering covenants), §10 (Confidentiality), §11 (Independent contractor), §13 (Subprocessors, with respect to Customer Data already shared), §15 (Disclaimers), §16 (Limitation of Liability), §17 (Indemnification), the post-termination data-export window in this §18, §20 (Governing Law and Disputes), and any other provision that by its nature should survive.

19. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without Trillion AI's prior written consent; any attempted assignment in violation of this section is void. Trillion AI may assign these Terms, in whole or in part, without your consent (a) to an affiliate, (b) in connection with a merger, acquisition, reorganization, sale of substantially all of its assets or equity, or similar transaction, or (c) to a successor entity. Subject to the foregoing, these Terms bind and benefit the parties and their permitted successors and assigns.

20. Entire agreement and order of precedence

These Terms, together with any quote, order form, statement of work, change order, or subscription document signed or affirmatively accepted in writing by both parties (each, an "Order"), and any policy expressly incorporated by reference (such as the Refund & Cancellation Policy and the Privacy Policy), constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous proposals, negotiations, representations, and communications, whether oral or written. In the event of a conflict, the documents control in the following order: (a) a fully executed Order, but only as to terms that expressly state they override these Terms and only with respect to the specific subject matter addressed; (b) these Terms; (c) any policy incorporated by reference; (d) the Order's general terms. No purchase order, vendor portal terms, or click-through terms submitted by you will modify these Terms unless signed by an authorized officer of Trillion AI.

21. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in Erie County, Pennsylvania, for any dispute not subject to arbitration. The parties waive any right to a jury trial. If any provision of these Terms is held unenforceable, the remainder will continue in effect; the parties waive any rule of construction that ambiguities are construed against the drafter.

22. Changes

We may update these Terms from time to time. We will provide at least thirty (30) days' advance notice of material adverse changes via email and in-product notice. Continued use of the Services after the effective date of an update constitutes acceptance of the updated Terms.

23. Contact

Trillion AI, LLC
502 W 7th Street, Suite 100
Erie, PA 16502, USA
legal@trillionai.agency

Legal notices to Trillion AI must be sent by email to legal@trillionai.agency with a copy by certified mail to the address above. Legal notices to you may be sent by email to the billing or administrative contact identified in your most recent Order, and are deemed received the next business day.