Terms of service.

These Terms of Service (the "Terms") are a binding agreement between Blendwave LC ("Blendwave," "we," "us," or "our") and the business or individual accepting them ("Customer," "you"). They govern your use of https://blendwave.ai (the "Site") and the Blendwave service (the "Service").

By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are accepting on behalf of a company, you represent that you have authority to bind that company.

1. The Service

Blendwave is an AI-powered customer communication service for businesses. It unifies conversations across connected channels into a single inbox, uses an AI agent to respond to and resolve inbound conversations, and hands conversations off to the Customer's team when needed.

We may improve, modify, or discontinue features of the Service. We will provide reasonable notice of material reductions in core functionality.

2. Eligibility and accounts

The Service is offered for business use only and is available to users 18 years of age or older. You are responsible for your account credentials, for all activity under your account, and for the accuracy of the business information you provide. Notify us immediately of any unauthorized use.

3. Your responsibilities and compliance

You are responsible for your use of the Service and for the communications you send and receive through it. In particular, you agree that you will:

• Obtain all legally required consents from your end users, including consent to receive text messages and other communications (e.g., under the TCPA and applicable carrier and A2P 10DLC requirements), consent to call recording where required (including in all-party-consent jurisdictions), and any required disclosures that calls may be answered by an AI system;
• Provide your own end users with a legally adequate privacy notice covering your use of the Service to process their information;
• Honor opt-outs promptly (including STOP for SMS) and not message individuals who have opted out;
• Use the Service only for lawful, inbound-oriented, conversational customer communication. The Service may not be used for cold outbound marketing, bulk unsolicited messaging, or spam;
• Comply with our Acceptable Use Policy at https://blendwave.ai/acceptable-use, which is incorporated into these Terms.

Restricted uses. The Service may not be used for: healthcare communications involving protected health information; automated decisions regarding lending, credit, securities, insurance eligibility, employment, or housing; mental-health therapy or crisis counseling; or any use directed at children. We may suspend or terminate accounts engaged in restricted uses.

4. AI-generated responses

The Service uses artificial intelligence to generate responses, summaries, and routing decisions. AI output may be inaccurate, incomplete, or inappropriate for a given situation despite our safeguards. You are responsible for configuring the Service appropriately for your business, monitoring conversations, and reviewing AI behavior. The Service does not provide legal, medical, financial, or other professional advice, and AI output should not be relied upon as such.

5. Your data

You own your data. As between the parties, you retain all rights to the information you and your end users submit through the Service ("Customer Data"). You grant us a limited license to host, process, transmit, and display Customer Data solely to provide and improve the Service, ensure security, and comply with law.

We process Customer Data as your processor/service provider as described in our Privacy Policy at https://blendwave.ai/privacy. Where required (for example, for customers subject to the GDPR), a Data Processing Addendum is available and, once executed, is incorporated into these Terms.

You are responsible for the accuracy and lawfulness of Customer Data and for having the right to submit it to the Service.

6. Fees and billing

Paid plans are billed through our payment provider (Stripe) on a subscription basis, plus any usage-based charges described at purchase. Except where required by law or expressly stated otherwise: fees are non-refundable; subscriptions renew automatically until cancelled; and usage charges are billed in arrears. We may change pricing with at least 30 days’ notice, effective at your next renewal. You are responsible for applicable taxes.

If payment fails, we may suspend the Service after reasonable notice.

7. Third-party channels and services

The Service connects to third-party platforms and carriers (voice, SMS, WhatsApp, Instagram, email, iMessage, and web chat). Your use of those channels is also subject to the third parties’ terms and policies, and channel availability, features, and deliverability depend on those third parties and on carrier review processes (such as A2P 10DLC registration). We are not responsible for third-party platforms’ actions, outages, or policy changes, though we will make reasonable efforts to maintain integrations.

8. Intellectual property

We and our licensors own the Service, including all software, models, designs, and branding. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription in accordance with these Terms. You may not copy, modify, reverse engineer, resell, or create derivative works of the Service except as permitted by law.

If you give us feedback, we may use it without restriction or obligation.

9. Confidentiality

Each party will protect the other’s non-public information with reasonable care and use it only as needed to perform under these Terms, except where disclosure is required by law.

10. Warranty disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUT WILL BE ACCURATE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA; AND (b) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, YOUR INDEMNIFICATION OBLIGATIONS, OR EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

12. Indemnification

You will defend and indemnify us against third-party claims arising from: (a) Customer Data; (b) your communications with your end users, including claims under telemarketing, messaging-consent, or call-recording laws; (c) your violation of these Terms or applicable law; or (d) your restricted or unlawful use of the Service.

13. Term, suspension, and termination

These Terms apply while you use the Service. You may cancel at any time, effective at the end of the current billing period. We may suspend or terminate the Service for material breach (including Acceptable Use violations or compliance risk to our carrier relationships) with notice where practicable. Upon termination, your right to use the Service ends; we will make Customer Data available for export for 30 days after termination, after which it will be deleted in the ordinary course, subject to legal retention requirements.

Sections that by their nature should survive (including 5, and 8–15) survive termination.

14. Governing law and disputes

These Terms are governed by the laws of the State of Maryland, without regard to conflicts-of-law rules. The state and federal courts located in Maryland will have exclusive jurisdiction, and each party consents to venue there. Each party waives any right to a jury trial to the extent permitted by law.

15. General

These Terms, together with the policies referenced in them, are the entire agreement between the parties regarding the Service and supersede prior agreements on that subject. We may update these Terms from time to time; for material changes we will provide notice (such as by email or in-product), and changes take effect at your next renewal or 30 days after notice, whichever is earlier. If any provision is unenforceable, the rest remain in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. Neither party is liable for delays caused by events beyond its reasonable control.

16. Contact

Blendwave LC
Email: hello@blendwave.ai
Support: https://blendwave.ai/support
1190 Winterson Rd, Suite 200 PMB 1049, Linthicum Heights, MD 21090, United States