Legal

AcaiOS Terms of Service

Effective: November 3, 2026 · Version: 2.1

These Terms of Service ("Terms") are an agreement between AcaiOS, 1450 W Grand Pkwy S, Ste G #1041, Katy, TX 77449 ("AcaiOS," "we," "us"), and the business agreeing to them ("Customer," "you"). You agree to these Terms by clicking "I agree," signing or accepting an Order Form, or using the Services. If you accept for a business, you confirm you have authority to bind that business.

1. Services

1.1 Services. "Services" means Acai and any other AcaiOS services you buy or use, including any Professional Services described in a Statement of Work.

1.2 Order Forms. An Order Form is the document or checkout page you use to buy the Services. Each Order Form lists the plan, the number of people, the fees, any discount, the start date and the billing terms.

1.3 Term and renewal. Plans renew month to month unless the Order Form says otherwise. You can cancel at any time; canceling stops the next charge, and the Services continue until the end of the billing period already paid.

1.4 Usage. Each plan includes a monthly usage allowance that resets on the first day of each calendar month, UTC. Try Acai usage covers the trial period. When the allowance is used up, the Services pause until the next reset or until you move to a plan with more usage. Your current usage is available at any time from your AI.

1.5 Changes to the Services. We update the Services regularly. If an update materially reduces what your plan includes, we will notify you at your account email, and you may cancel.

2. Professional Services

2.1 Statements of Work. Setup, training, custom solutions and other hands-on work ("Professional Services") are described in a Statement of Work signed by both parties and attached to an Order Form.

2.2 Delivery and acceptance. We will perform Professional Services as described in the Statement of Work. You will provide the access, information and decisions the Statement of Work lists. Work is accepted as the Statement of Work describes.

3. Your Account and Responsibilities

3.1 Account. You will keep your account information accurate and your sign-in secure, and you will tell us promptly at hello@acaios.io about any unauthorized access.

3.2 People on your account. You are responsible for everyone you add to your account and everything done under it.

3.3 Actions Acai takes for you. Acai acts within the permissions and approvals you set. Stripe invoices and coupons, and spending or settings changes on your phone provider account, require the account owner's approval before Acai carries them out. You are responsible for reviewing Acai's work and for the actions taken under your account.

3.4 Consent. You will have the rights and any legally required consent for the information you give the Services and for the people the Services contact for you, including consent for calls and texts.

3.5 Acceptable use. You will not use the Services to: (a) break any law or violate anyone's rights; (b) send spam or unsolicited bulk messages, or run cold-calling or cold-texting campaigns; (c) harass, threaten, deceive or impersonate anyone, or mislead people about the use of AI; (d) reverse engineer, probe or interfere with the Services, or get around usage limits; or (e) violate the usage policies of the AI apps and connected services you use with Acai.

3.6 Connected services. Acai works with services you choose to connect, such as Claude, Grok, Muse, Google, Stripe and our phone partner. Your use of each is governed by that service's own terms, and those services bill you directly where they charge.

3.7 Health information. You will not use the Services to create, receive, store or send protected health information as defined under HIPAA.

3.8 Eligibility. You must be at least 18 years old and legally able to enter into a binding contract.

3.9 Lawful instructions. You will not instruct Acai to take any action you could not lawfully take yourself.

3.10 Spending. Only give Acai access to money you are comfortable losing. Set a spending cap, and fund only what you can afford to lose. AI can make mistakes. To the fullest extent permitted by law, AcaiOS is not responsible for losses from actions or spending by Acai, whether or not you authorized them. Report unauthorized charges to your bank, card issuer or payment provider.

4. Your Content

4.1 Ownership. You own the information you put into the Services and the work Acai produces for you ("Customer Content").

4.2 Our use. We use Customer Content only as needed to provide, secure, support and improve the Services for you, comply with the law, and prevent abuse. We do not sell Customer Content.

4.3 Accuracy. AI output can contain mistakes. You are responsible for checking Acai's work before relying on it.

5. Security and Privacy

5.1 Security. We use reasonable administrative, technical and physical measures to protect Customer Content.

5.2 Privacy. Our Privacy Policy at acaios.io/privacy explains how we handle personal information and is part of these Terms.

6. Fees and Payment

6.1 Fees. You will pay the fees on your Order Form, or on the pricing page at acaios.io if there is no Order Form. You authorize us to charge the payment method on your account. Fees are in US dollars and are billed in advance.

6.2 No refunds. Fees are non-refundable, except where the law requires.

6.3 Discounts. Discounts apply as stated on your Order Form. A discount for a specific plan ends if you leave that plan.

6.4 Late payment. If a payment fails, the Services pause and we notify you. You have 15 days to update your payment method, and paying restores the Services.

6.5 Taxes. Fees do not include taxes. We charge taxes where the law requires.

6.6 Price changes. Price changes on the pricing page take effect 14 days after they are posted. Prices on a signed Order Form apply as stated there.

6.7 Billing questions. To dispute a charge, email hello@acaios.io within 30 days of the charge.

7. Confidentiality

Each party will use the other's confidential information only to carry out these Terms, protect it with reasonable care, and share it only with people who need it for that purpose and are bound to keep it confidential. Confidential information includes Customer Content. This does not cover information that is public, already known, received lawfully from someone else, or developed independently. A party may disclose confidential information when the law requires, after notifying the other party where allowed.

8. Suspension

We may limit or suspend the Services if the law requires, if you violate these Terms, or if your use creates a security risk or risk of harm to others. We will try to notify you first, keep any suspension as narrow as possible, and restore the Services once the issue is resolved.

9. Ownership of the Services

AcaiOS owns the Services, including Acai, its design and its branding. You receive a limited right to use the Services under these Terms. If you send us feedback, we may use it without obligation to you.

10. Term and Termination

10.1 Termination. Either party may end these Terms and all Order Forms with written notice if the other party materially breaches them and does not fix the breach within 30 days.

10.2 After termination. Your access ends. Amounts already owed remain due.

10.3 Survival. Sections 4, 6, 7, 9, 10, 11, 12, 13, 14 and 15 continue after termination.

11. Warranties and Disclaimers

We will provide the Services in a professional manner, consistent with the plan you bought. EXCEPT AS STATED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR CONNECTED SERVICES PROVIDED BY OTHERS.

AcaiOS does not provide legal, tax, financial, medical or other licensed professional advice.

12. Indemnification

12.1 By AcaiOS. We will defend you against third-party claims that the Services infringe that party's intellectual property, and pay resulting damages and reasonable attorneys' fees, except claims arising from Customer Content, connected services, or changes made by anyone other than AcaiOS.

12.2 By Customer. You will defend AcaiOS against third-party claims arising from Customer Content, your use of the Services in violation of these Terms, or actions taken under your account, and pay resulting damages and reasonable attorneys' fees.

12.3 Process. The party asking for defense will give prompt written notice and reasonable cooperation. The defending party controls the defense and any settlement, and will not settle in a way that admits fault for the other party without that party's consent.

13. Limitation of Liability

TO THE FULLEST EXTENT THE LAW ALLOWS, EXCEPT FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, INDEMNIFICATION OBLIGATIONS AND YOUR PAYMENT OBLIGATIONS: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS; AND (B) EACH PARTY'S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID ACAIOS IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

14. Dispute Resolution

14.1 Informal resolution first. Before filing any claim, each party will try to resolve the dispute informally. You will start by emailing hello@acaios.io; we will start by emailing your account address. If the dispute is not resolved within 60 days, either party may start arbitration.

14.2 Arbitration. Disputes will be resolved by final and binding arbitration before a single arbitrator, held by video conference or in Harris County, Texas.

14.3 Exceptions. Either party may bring an individual claim in small claims court, or seek a court order to stop unauthorized use of the Services or intellectual property.

14.4 No class actions. Disputes are brought individually only, not as a class, consolidated or representative action. If a dispute goes to court instead of arbitration, both parties waive a jury trial.

15. General

15.1 Entire agreement. These Terms, your Order Forms, any Statements of Work and the Privacy Policy are the entire agreement between us. Terms in a purchase order you send us do not apply.

15.2 Order of precedence. If documents conflict, they control in this order: (a) Order Form; (b) Statement of Work; (c) these Terms; (d) the Privacy Policy and other AcaiOS policies.

15.3 Governing law. These Terms are governed by the laws of the State of Texas. Subject to Section 14, claims are brought in the state or federal courts in Harris County, Texas.

15.4 Notices. Notices to you go to your account email. Notices to AcaiOS go to hello@acaios.io, with a copy to the address above.

15.5 Assignment. Either party may assign these Terms to a successor to substantially all of its business with 30 days' written notice. Otherwise, neither party may assign them without the other's consent.

15.6 Independent parties. The parties are independent contractors, not partners or agents.

15.7 Force majeure. Except for payment obligations, neither party is liable for delays or failures caused by events beyond its reasonable control.

15.8 Severability and waiver. If any part of these Terms is unenforceable, the rest stays in effect. Not enforcing a term is not a waiver of it.

15.9 Changes to these Terms. We may update these Terms by posting the new version at acaios.io/terms. For changes that materially affect your rights, we will give you at least 30 days' notice by email, unless a faster change is required by law. Changes do not apply to disputes that began before the update or to signed Order Forms until their next renewal.

16. Phone & Text — Additional Terms

These additional terms apply when you turn on Phone & Text. They are part of these Terms. If they conflict with another part of these Terms, these Phone & Text terms control for Phone & Text.

What Phone & Text does. Phone & Text lets Acai answer and place phone calls and send and receive text messages for your business through a phone line on your own account with Bland, our telephony provider.

Your own Bland account and billing.

• You create and own your Bland account and pay Bland directly. AcaiOS does not resell, bill for, or mark up Bland's services.
• Your use of Bland is governed by Bland's own terms and policies. Bland controls its plans, prices, limits, availability and features.
• You authorize AcaiOS to use your Bland account on your behalf to operate Phone & Text within the permissions you grant.
• You approve payments and subscriptions on your Bland account directly with Bland.

Lawful use and consent. You are responsible for making sure every call and text sent through Phone & Text is authorized and complies with applicable law and third-party terms, including laws on automated calls and texts, telemarketing, Do-Not-Call requirements, and call recording or transcription.

• You must have any consent legally required before Acai calls or texts someone.
• You must honor opt-out and "do not contact me" requests promptly.
• You are responsible for any legally required notice about AI use, recording or transcription.
• You may not use Phone & Text for spam, bulk outreach, cold-calling or cold-texting campaigns, harassment, deception, scams, phishing or unlawful impersonation.

Outbound calls and texts.

• Acai places a call or starts a text thread when you instruct Acai to.
• When Acai drafts an outbound call or text, Acai confirms the recipient and purpose with you before it goes out.
• Follow-ups you authorize, including Autopilot follow-ups and batches you approve, go out without a separate confirmation for each one. Each call and text goes to one recipient.
• Authorized follow-ups remain subject to the lawful use and consent rules above, including the prohibition on bulk outreach and cold-calling or cold-texting campaigns.
• AcaiOS may refuse or stop an action when Bland refuses it or when the action violates these Terms, provider rules or applicable law.

Provider limits. Bland's own call, text, destination, concurrency, rate and usage limits apply. If Bland refuses an action, Acai tells you Bland's reason.

Recordings, transcripts and data. Calls and texts may be recorded, transcribed or otherwise processed by Bland. AcaiOS may store call and text records, transcripts, outcomes and costs so Acai can do and document the work. You are responsible for any notice or consent required for recording or transcription.

Emergencies. Phone & Text must not be used to contact 911, public-safety answering points or other emergency lines. Use a regular phone for emergencies.

Availability. Phone & Text depends on Bland, telecommunications carriers, networks and the internet. AcaiOS does not guarantee that a call or text will connect or be delivered.

Disconnecting. You may disconnect Phone & Text at any time. When you do, AcaiOS may delete or revoke the Bland credential it stores. Your Bland account, phone number, subscription, billing and data stay with Bland and are managed with Bland separately.

Phone & Text indemnification. In addition to Section 12, you will defend AcaiOS against claims, fines and penalties arising from calls or texts made through your use of Phone & Text, your instructions, or your violation of these Terms or applicable law, and pay resulting damages and reasonable attorneys' fees.

By turning on Phone & Text, you agree to these Phone & Text Additional Terms.

17. Contact

hello@acaios.io · 1450 W Grand Pkwy S, Ste G #1041, Katy, TX 77449