Terms of Use

Last Updated: May 21, 2026

Welcome to Eloquent AI!

These Terms of Use (“Terms”) outline the legal agreement between you (“User”) and Eloquent AI (“we,” “us,” or “our”). By accessing or using our services, including our website https://www.eloquentai.co/ and any associated tools, platforms, or applications (collectively, the “Services”), you agree to these Terms.

If you're using the Services on behalf of an organization, you're also confirming you have the authority to bind that organization to these Terms. If you disagree with any part of these Terms, you must refrain from using our Services.

You acknowledge and agree that these Terms constitute a legally binding electronic agreement between you and Eloquent AI.

1. Updates to These Terms

Eloquent AI reserves the right to update or modify these Terms at any time. We will notify you of any material changes by posting a notice on our website or contacting you directly. By continuing to use the Services after such updates, you agree to be bound by the revised Terms.

2. Additional Policies

These Terms incorporate by reference the following policies and documents, each of which forms part of these Terms and applies to your use of the Services:

Please review these documents carefully, as they contain important information regarding the use of the Services, data processing practices, security measures, compliance obligations, and operational requirements.

If you use the Services to process personal data on behalf of a business, customer, or other third party, the DPA forms part of these Terms and governs Eloquent AI's obligations relating to the processing of personal data.

Contract Hierarchy

If you and Eloquent AI have entered into a separate written services agreement, statement of work, order form, or similar commercial agreement (collectively, a “Service Agreement”), that Service Agreement shall control to the extent of any conflict with these Terms or the Policies.

In the absence of a separate Service Agreement, these Terms and the incorporated Policies govern your use of the Services.

If you do not agree to these Terms or any incorporated Policies, you must not access or use the Services.

3. Eligibility

Business use: The Services are intended for business and professional use.

Minimum Age Requirement: You must be at least 18 years old to access or use our Services. By accessing or using the Services, you represent and warrant that you meet this minimum age requirement.

Authority to Bind an Organization: If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Compliance with Laws: You agree to use the Services only in compliance with these Terms and all applicable local, national, and international laws and regulations.

Suspension and Enforcement Rights: Eloquent AI reserves the right to suspend, restrict, investigate, throttle, or terminate access to the Services where reasonably necessary to:

  • enforce these Terms or any incorporated policies;
  • prevent fraud, abuse, security threats, or unlawful activity;
  • comply with legal, regulatory, sanctions, or compliance obligations;
  • protect the security, integrity, availability, or stability of the Services, third-party systems, or other users; or
  • respond to suspected violations, harmful activity, or operational risks.

Eloquent AI may implement reasonable technical safeguards, filtering mechanisms, usage thresholds, access controls, or protective measures designed to maintain the lawful and secure operation of the Services.

4. Global Availability and Governing Law

Global Availability: Eloquent AI makes its Services available globally, including but not limited to the United Kingdom, the United States, Europe, and Turkey. By accessing or using the Services, you are responsible for ensuring that your use complies with the laws and regulations of your jurisdiction.

Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Arbitration: To the extent permitted by applicable law, any disputes or claims arising out of or in connection with these Terms shall be resolved by binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Delaware, United States, in the English language. Each party shall bear its own costs unless otherwise determined by the arbitrator.

Jury Trial Waiver: To the maximum extent permitted by law, each party waives any right to a trial by jury in connection with any dispute arising out of or relating to these Terms or the Services.

Notices: All notices required or permitted under these Terms must be in writing and shall be deemed duly given when delivered:

  • By email to privacy@eloquentai.co.
  • By certified or registered mail to Eloquent AI at 456 Montgomery Street, Suite 1450, San Francisco, California 94104.
  • Notices sent by email shall be deemed received upon acknowledgment of receipt.

Compliance with International Regulations: Eloquent AI is committed to compliance with applicable global regulations, including but not limited to:

  • GDPR: For users within the United Kingdom/European Union, Eloquent AI implements measures designed to support lawful and secure processing of personal data in accordance with applicable GDPR requirements.
  • CCPA/CPRA: For users in California, Eloquent AI respects and upholds rights outlined under CCPA/CPRA.

Class Action Waiver: To the maximum extent permitted by applicable law, you agree to resolve any dispute with Eloquent AI on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver: Failure by Eloquent AI to enforce any provision of these Terms shall not constitute a waiver of any right or provision.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Eloquent AI. Any unauthorized assignment shall be void.

Eloquent AI may assign or transfer these Terms, in whole or in part, without restriction in connection with a merger, acquisition, corporate reorganisation, financing, or sale of assets or business operations.

Force Majeure: Eloquent AI shall not be held 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, government actions, strikes, labor disputes, pandemics, cyberattacks, utility failures, or internet service disruptions. In the event of a force majeure occurrence, Eloquent AI shall promptly notify affected users and make reasonable efforts to resume Services as soon as practicable.

Survival: The provisions of these Terms that by their nature should survive termination, including but not limited to sections on confidentiality, indemnification, intellectual property, and limitation of liability, shall remain in full force and effect.

Languages and Translations: In the event of a conflict between a translated version of these Terms and the English version, the English version shall govern.

Entire Agreement: These Terms, along with any applicable policies and agreements referenced herein, constitute the entire agreement between you and Eloquent AI regarding the use of the Services. They supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, regarding the Services.

5. Description of Services

Definitions

In this Agreement, the following terms have the meanings set forth below:

  • “Services”: The suite of AI-driven tools and operators solutions provided by Eloquent AI to assist businesses with sales, marketing, and customer engagement, including associated software, APIs, and integrations.
  • “Customer Data”: Any data, content, or information provided or submitted by you in the course of using the Services.
  • “Third-Party Platforms”: Any third-party services, software, or applications that integrate with or are used in conjunction with the Services.
  • “Confidential Information”: Non-public information, whether written, electronic, or oral, disclosed by one party to the other and designated as confidential or reasonably understood to be confidential given the nature of the information.

Scope of Services

Eloquent AI provides Agents and Operators advanced solutions and AI-driven tools to assist businesses with customer operations. The Services include, but are not limited to:

  • AI-powered Agents and Operators for conversion and customer support and operations.
  • Tools for analyzing customer interactions and improving communication workflows.
  • Integration with third-party platforms and APIs to enhance functionality.

Eloquent AI may modify, improve, enhance, suspend, replace, or discontinue portions of the Services, features, models, workflows, integrations, user interfaces, or underlying technologies from time to time, provided such changes do not materially reduce the overall functionality of the Services purchased by you.

Certain features, functionalities, or integrations may vary depending on availability, technical compatibility, regulatory requirements, geographic region, customer configuration, or third-party provider limitations.

Customer Obligations

Customer Data: You retain all rights to any Customer Data. By submitting Customer Data, you grant Eloquent AI a non-exclusive, royalty-free license to use, store, and process this data solely to provide, maintain, secure, support, and improve the Services in accordance with applicable agreements, privacy documentation, and data protection laws.

Compliance: You are responsible for ensuring that your use of the Services complies with all applicable laws, including data protection and privacy regulations. You warrant that you have obtained all necessary consents for Eloquent AI to process Customer Data.

Third-Party Permissions and Authorisations: You are solely responsible for obtaining and maintaining all rights, permissions, licences, authorisations, notices, disclosures, and consents necessary for:

  • access to Customer Data;
  • use of third-party systems, platforms, APIs, integrations, and communication channels;
  • automated interactions initiated through the Services; and
  • processing activities performed in connection with your use of the Services.

You represent and warrant that your use of the Services and any connected systems or data sources does not violate applicable law, contractual restrictions, confidentiality obligations, or third-party rights.

Workflow Approval and Oversight: You are responsible for reviewing, approving, testing, monitoring, and validating all workflows, automations, escalation criteria, business rules, integrations, outputs, and operational configurations used in connection with the Services.

You acknowledge that the Services are configurable tools and automation systems that operate according to instructions, workflows, and parameters defined, approved, or implemented by you.

You remain solely responsible for ensuring that your use of the Services complies with applicable laws, regulations, internal policies, contractual obligations, and industry requirements, including any requirements relating to human oversight, disclosures, approvals, or regulatory review.

You remain solely responsible for decisions, actions, communications, approvals, and outcomes arising from your use of the Services.

Customer remains solely responsible for all final business, compliance, legal, underwriting, servicing, payment, fraud, risk, and customer communication decisions made using the Services, including any decisions informed by outputs, recommendations, automations, or workflows generated through the Services.

Prohibited Activities: You agree not to engage in any of the following prohibited activities when using the Services:

  • Unauthorized Access: Attempting to gain unauthorized access to the Services, accounts, or related systems.
  • Scraping and Data Mining: Using automated tools, bots, scripts, or other methods to extract, scrape, harvest, benchmark, or abuse the Services or underlying platform infrastructure in an unauthorised manner.
  • Reverse Engineering: Attempting to decompile, disassemble, or reverse engineer any aspect of the Services.
  • Competitive AI Training and Replication: Using the Services, outputs, workflows, operational behaviour, or data generated through the Services to train, fine-tune, benchmark, evaluate, replicate, or improve any competing artificial intelligence, machine learning, automation, or operator platform.
  • Disruption: Engaging in activities that disrupt or interfere with the integrity, security, or performance of the Services, including the introduction of viruses, malware, or harmful code.
  • Fraudulent Activities: Impersonating another person, misrepresenting your affiliation, or otherwise engaging in fraudulent behavior.
  • Illegal Use: Using the Services for any unlawful purpose or in violation of any applicable laws or regulations, including U.S. federal and state laws.
  • High-Risk or Safety-Critical Use: Using the Services in situations where failure, inaccuracy, delay, interruption, or malfunction could reasonably be expected to result in death, bodily injury, emergency response failures, critical infrastructure disruption, or other significant safety harms unless expressly authorised by Eloquent AI in writing.
  • Spamming: Sending unsolicited messages, promotions, or advertisements via the Services.
  • Harming Others: Uploading, sharing, or distributing content intended to harass, threaten, or harm other users.

Export Compliance:You agree to comply with all applicable U.S. export control and sanctions laws and regulations, including but not limited to the Export Administration Regulations (EAR) and the sanctions programs administered by the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, under the control of, or a national or resident of any country or region subject to U.S. trade sanctions or embargoes, including but not limited to Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine. You further agree not to use the Services for any purposes prohibited by U.S. law, including the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons. You are solely responsible for ensuring compliance with applicable laws when accessing or using the Services from outside the United States. Violation of this section may result in the immediate suspension or termination of your access to the Services.

Service Availability and Support

Availability: Eloquent AI strives to provide uninterrupted access to the Services. However, we do not guarantee that the Services will always be available, error-free, or meet your specific requirements. Downtime may occur for maintenance, updates, or reasons beyond our control.

Beta, preview, experimental, early-access, or evaluation features may be made available from time to time for testing purposes (“Beta Features”). Beta Features may contain bugs, errors, inaccuracies, incomplete functionality, or other limitations and may be modified, suspended, or discontinued at any time without notice.

Unless expressly stated otherwise by Eloquent AI in writing, Beta Features are provided “as is” and “as available” without warranties, service-level commitments, support obligations, or indemnification obligations of any kind.

Support: Eloquent AI offers technical support during standard business hours as described in your service agreement. Support requests can be made through the designated support channels provided by Eloquent AI.

No service levels, uptime commitments, response times, support obligations, implementation timelines, or availability guarantees apply unless expressly stated in a signed Service Agreement.

Subscription Term, Fees, and Payment

Subscription Term: Access to the Services is provided on a subscription basis, as specified in your order form or subscription agreement. Subscription terms may be monthly, yearly, or otherwise agreed upon between you and Eloquent AI.

Fees and Payment: You agree to pay all applicable fees associated with your subscription. Payments are due in advance and are non-refundable unless otherwise stated in this Agreement.

Refund Policy: Given the digital nature of the Services, all payments are final and non-refundable.

Renewals: Subscriptions will automatically renew for successive terms unless you provide notice of cancellation at least 30 days prior to the end of the current term.

Price Adjustments:Eloquent AI may update subscription fees upon renewal by providing at least 30 days' notice.

Taxes:You are responsible for any applicable taxes, duties, or charges imposed by taxing authorities, excluding taxes on Eloquent AI's income.

Ownership and Intellectual Property

Eloquent AI retains all rights, title, and interest in and to the Services, including but not limited to underlying software, content, and trademarks.

Customer Content: Users retain ownership of content they upload or submit but grant Eloquent AI the rights needed to perform the Services.

Due to the nature of artificial intelligence and machine learning systems, outputs generated by the Services may not be unique and similar or identical outputs may be generated for other users or customers.

Subject to your compliance with these Terms and applicable law, Eloquent AI does not claim ownership of outputs generated specifically for you through your authorised use of the Services, excluding any underlying Services, models, workflows, system logic, methodologies, or Eloquent AI intellectual property incorporated into or used to generate such outputs.

Restrictions: You agree not to reverse engineer, distribute, or create derivative works from any part of the Services without explicit permission.

Third-Party Platforms

The Services may include integrations with Third-Party Platforms. Eloquent AI is not responsible for the performance, availability, or compliance of such third-party platforms. Use of these integrations is governed by the terms and conditions of the respective providers.

Certain features or functionality of the Services may rely on third-party infrastructure providers, artificial intelligence or machine learning model providers, cloud hosting providers, communication providers, authentication systems, or external software platforms.

Eloquent AI is not responsible for outages, interruptions, delays, changes in functionality, model behaviour, pricing, availability, or service degradation caused by third-party providers or systems outside Eloquent AI's reasonable control.

Eloquent AI may modify, replace, suspend, or discontinue integrations, third-party providers, or related functionality where reasonably necessary for security, operational, legal, technical, or business reasons.

Confidentiality

Each party agrees to protect the other's Confidential Information and not disclose it to any third party without prior written consent. Confidential Information includes, but is not limited to, business plans, trade secrets, technical data, and Customer Data.

Security

Eloquent AI implements reasonable technical and organisational security measures to protect Customer Data and account integrity. However, you are responsible for safeguarding your account credentials and promptly notifying Eloquent AI of any unauthorized access or security breaches.

You acknowledge and agree that Eloquent AI may generate, collect, retain, and analyse operational logs, telemetry, audit records, workflow activity data, security events, and related system metadata for purposes including security, fraud prevention, troubleshooting, compliance, service improvement, operational monitoring, and maintaining the integrity of the Services.

Feedback and Suggestions

You may voluntarily submit feedback or suggestions regarding the Services. By doing so, you grant Eloquent AI the right to use such feedback without obligation or compensation.

Indemnification

You agree to indemnify, defend, and hold harmless Eloquent AI and its officers, directors, employees, and affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to:

  • Your Use of the Services: Any actions or omissions in connection with your access to or use of the Services.
  • Third-Party Claims: Claims made by third parties related to content you submit, upload, or share through the Services.
  • Violation of Laws or Regulations: Any breach of applicable laws or regulations, including U.S. federal, state, or local laws.
  • Breach of These Terms: Your violation of these Terms, including any warranties or representations made herein.
  • Third-Party Integrations: Claims arising from your use of or reliance on third-party platforms or services integrated with the Services.

Eloquent AI reserves the right to assume exclusive control of any defense at its own expense, and you agree to cooperate fully in the defense of such claims.

To the maximum extent permitted by applicable law, the indemnification obligations under these Terms shall be subject to the limitations of liability set out in these Terms.

Warranty Disclaimer

The Services are provided “as is” and “as available” without warranties of any kind, express or implied. Eloquent AI disclaims any guarantees of merchantability, fitness for a particular purpose, or non-infringement.

The Services utilise artificial intelligence and machine learning technologies that may generate probabilistic, incomplete, inaccurate, non-unique, or unexpected outputs. Outputs generated by the Services may vary depending on inputs, configurations, workflows, third-party systems, and other factors outside Eloquent AI's reasonable control.

You are solely responsible for reviewing outputs, validating workflows, exercising appropriate human oversight, and determining whether the Services and any outputs are appropriate for your intended use case, legal obligations, regulatory requirements, or business purposes.

Eloquent AI does not make business, legal, compliance, underwriting, financial, medical, or regulatory decisions on your behalf.

The Services are general-purpose tools and automation systems and are not intended to provide legal, financial, accounting, tax, medical, investment, underwriting, compliance, or other regulated professional advice.

You are solely responsible for evaluating outputs, decisions, workflows, recommendations, and actions generated through the Services and for obtaining independent professional advice where appropriate.

Eloquent AI does not guarantee that use of the Services will satisfy any legal, regulatory, compliance, or industry-specific obligations applicable to your business.

Limitation of Liability

To the maximum extent permitted by law, Eloquent AI's total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the amounts paid by you to Eloquent AI for the Services during the twelve (12) months preceding the event giving rise to the claim.

To the maximum extent permitted by applicable law, Eloquent AI shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, business opportunities, goodwill, anticipated savings, data, reputation, procurement costs, or business interruption, even if advised of the possibility of such damages.

Eloquent AI shall not be liable for any regulatory penalties, fines, remediation costs, customer restitution obligations, audit costs, investigation expenses, or compliance-related liabilities arising from Customer's use of the Services or Customer's failure to implement appropriate oversight, controls, approvals, disclosures, or compliance procedures.

Eloquent AI shall not be liable for claims, losses, or damages arising from:

  • customer-configured workflows, automations, rules, or instructions;
  • customer use of outputs generated by the Services;
  • decisions or actions taken based on outputs or recommendations generated by the Services;
  • third-party platforms, integrations, infrastructure providers, or AI model providers;
  • interruptions, inaccuracies, delays, hallucinations, non-unique outputs, or changes in AI model behaviour; or
  • customer failure to implement appropriate human oversight, review, approvals, disclosures, or compliance controls.

The limitations in this section apply regardless of the form of action and regardless of whether a remedy fails of its essential purpose.

Termination of Services

Either party may terminate this agreement with 30 days' written notice. Upon termination, your right to access the Services ceases. Upon termination of your subscription, Eloquent AI will retain your account and associated data for 30 days, unless otherwise required by law or agreed upon. After this period, your data may be deleted or anonymised in accordance with applicable retention policies, legal obligations, backup procedures, and operational requirements.

Headings

The section headings in these Terms are for reference only and shall not affect the meaning or interpretation of these provisions.

No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Eloquent AI (and each party's permitted successors and assigns) and do not confer any rights on any other person or entity. To the extent applicable, the parties exclude the operation of the Contracts (Rights of Third Parties) Act 1999 and any similar legislation in any jurisdiction.

6. Contact Us

If you have any questions about these Terms, please contact us at:
Email: privacy@eloquentai.co
Mailing Address: 456 Montgomery Street, Suite 1450, San Francisco, California 94104