Terms of Service

1.Your Agreement With Us

These Terms of Service ("Terms") form a binding contract between you (the individual or business creating an account) and Bukkii Inc. ("Bukkii," "we," "us"), a Delaware C-corporation with offices at 548 Market St #62123, San Francisco, CA 94104. These Terms cover your use of Bukkii Phone — the service available at phone.bukkii.ai, our mobile and desktop apps, and any related APIs (collectively, the "Service").

By signing up, clicking "I agree," or simply using the Service, you accept these Terms. If you do not agree, do not use the Service. If you are signing up on behalf of a company, you represent that you have authority to bind that company.

Our Privacy Policy, HIPAA disclosures, and any plan-specific addendum (BAA, Enterprise SLA) are part of these Terms by reference.

2.Your Account

2.1 Eligibility

You must be at least 18 and legally able to form a contract. The Service is offered to businesses operating in the United States, Canada, and Vietnam. Use from other countries is at your own risk and may violate local telecom laws.

2.2 Account security

You are responsible for activity under your account. Keep your password confidential, enable two-factor authentication, and notify us promptly at [email protected] if you suspect unauthorized access. We are not liable for losses caused by your failure to keep credentials secure.

2.3 One account per business

A single business should use one account. Creating multiple accounts to circumvent plan limits, free trials, or bans is grounds for immediate suspension.

3.The Service

Bukkii Phone provides a cloud-based phone system with the following primary features:

• Inbound and outbound voice calls over the Public Switched Telephone Network (PSTN).
• Two-way SMS and MMS messaging.
• Voicemail with AI-generated transcripts and summaries.
• An AI Assistant capable of answering calls, scheduling appointments, and capturing structured information.
• Call recordings, analytics dashboards, and team management tools.
• Integrations with third-party calendars, CRMs, and webhooks.

We may add, modify, or discontinue features at any time. For material reductions in functionality, we will give at least 30 days notice so you can decide whether to continue. All fees remain non-refundable — see Section 8.4.

3.1 Service availability (SLA)

We target 99.99% monthly uptime for the call routing core, excluding scheduled maintenance and force majeure. Specific SLA credits and definitions for paid plans are in your Order Form or Enterprise SLA addendum.

3.2 Emergency calling (911)

4.Acceptable Use

You agree not to use the Service to:

• Send spam, unsolicited bulk SMS, robocalls, or any messages that violate the Telephone Consumer Protection Act (TCPA) or CAN-SPAM Act.
• Engage in fraud, phishing, identity theft, or impersonation of another person or business.
• Distribute malware, viruses, or any code intended to harm a system.
• Harass, threaten, or stalk any person — including via auto-dialers or AI agents.
• Transmit content that is illegal, defamatory, obscene, or that infringes third-party intellectual property.
• Reverse-engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law.
• Use the Service to compete directly against Bukkii (for example, building a competing CPaaS by re-selling our API).
• Bypass capacity limits, rate limits, or trial restrictions.

We may suspend or terminate accounts that violate these rules. We may also report illegal activity to law enforcement.

5.Telecom Compliance & Caller Consent

Phone calls and SMS are heavily regulated. You — not Bukkii — are the "sender" or "caller" under the law. You are responsible for:

• 10DLC registration — registering your business and message campaigns with The Campaign Registry before sending any non-conversational SMS to U.S. numbers. We provide tools but you must complete registration accurately.
• TCPA consent — obtaining prior express written consent before sending marketing SMS or making auto-dialed marketing calls. Penalties run $500–$1,500 per message.
• Call recording consent — complying with one-party or two-party consent rules in every state where the call connects (CA, FL, IL, MA, MD, MT, NV, NH, PA, WA require two-party consent).
• Do-Not-Call list — honoring the National DNC Registry and any internal opt-out requests within 30 days.
• Truth-in-caller-ID — not spoofing caller ID to defraud or harm.

If a regulator, carrier, or third party brings a claim arising from your messaging or calling practices, you are responsible for that claim and any associated fines, fees, or settlements.

6.AI Assistant Disclaimers

The AI Assistant uses large language models to interpret callers and respond. While we work hard to make it reliable, AI systems can make mistakes:

• It may misunderstand a caller's request, mishear names or numbers, or generate factually incorrect responses.
• It is not a substitute for professional advice — medical, legal, financial, or otherwise. You must not configure it to give such advice.
• Bookings made by the AI may need to be confirmed by a human; we do not guarantee 100% accurate appointment capture.
• In emergencies, the AI must be configured to transfer to a human or 911 — it is not designed to handle life-safety situations on its own.

You are responsible for reviewing the AI Assistant's behavior, monitoring its outputs, and correcting errors that materially affect your customers.

7.Phone Numbers & Porting

Phone numbers assigned through Bukkii Phone are licensed to you for the duration of your subscription, not sold. Underlying ownership remains with our carrier partners. You can port a number out at any time by following standard FCC port-out procedures; we will not charge a port-out fee within 60 days of cancellation.

If your account is delinquent for more than 90 days, we may release the assigned number back to the carrier pool, after which recovery may not be possible.

8.Billing & Subscription

8.1 Plans & pricing

Current plans and pricing are at phone.bukkii.ai/#pricing. Pricing is in U.S. dollars and excludes taxes, regulatory surcharges, and per-message / per-minute overage rates, which are itemized on each invoice.

8.2 Auto-renewal

Subscriptions automatically renew at the end of each billing cycle (monthly or annual) at the then-current rate. You can cancel anytime in your dashboard; cancellation takes effect at the end of the current paid period.

8.3 Free trial

New accounts may receive a 14-day free trial. We do not require a credit card during the trial. If you do not subscribe before the trial ends, your account is paused and data preserved for 30 days, then deleted.

8.4 No refunds

All fees paid to Bukkii Phone are final and non-refundable — including monthly subscriptions, annual prepayments, setup fees, add-ons, and per-minute / per-message overage charges. We do not offer pro-rated refunds for unused time after cancellation, downgrades mid-cycle, or feature changes. To avoid charges for the next billing period, cancel before your renewal date in your dashboard.

We provide a 14-day free trial precisely so you can fully evaluate the Service before paying anything. If you have a billing dispute (duplicate charge, system error), email [email protected] within 30 days and we will investigate; refunds are issued only at our discretion in cases of clear billing error or where required by law.

8.5 Late payment

If a payment fails, we will retry for up to 14 days. If still unsuccessful, the account is suspended. Suspended accounts cannot send / receive calls or SMS. Reactivation requires payment in full.

8.6 Price changes

We may change prices for new billing periods with at least 30 days notice. Existing prepaid annual customers keep their rate until the next renewal.

9.Intellectual Property

9.1 Our IP

The Service, our software, designs, logos, and documentation are owned by Bukkii Inc. and its licensors. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

9.2 Your content

You retain ownership of all content you create or upload (call recordings, transcripts, contacts, messages). You grant us a limited license to host, transmit, process, and display that content solely as needed to provide the Service.

9.3 Feedback

If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them — though you remain free to use those ideas yourself.

10.Termination

You may cancel your subscription anytime in your dashboard. Cancellation takes effect at the end of the current billing period; we do not pro-rate monthly subscriptions.

We may suspend or terminate your account immediately, with or without notice, if:

• You materially breach these Terms or our Acceptable Use Policy.
• Your use creates a security, legal, or operational risk to Bukkii or other customers.
• A regulator or carrier instructs us to suspend service.
• You become bankrupt or insolvent.

On termination, your right to use the Service ends. We will provide a final data export within 14 days on request, then delete your data per the schedule in the Privacy Policy.

11.Disclaimers & Limitation of Liability

The Service is provided "as is" and "as available." We disclaim all warranties — express, implied, or statutory — including merchantability, fitness for a particular purpose, and non-infringement, except where these disclaimers are not permitted by law.

To the fullest extent allowed by law, our total liability for any claim arising out of or relating to the Service is capped at the amounts you paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages — including lost profits, lost revenue, lost data, or business interruption — even if we knew such damages were possible.

Some jurisdictions do not allow these limitations. In those places, our liability is limited to the smallest amount permitted by local law.

12.Dispute Resolution & Arbitration

Please read this section carefully — it affects your legal rights.

12.1 Informal resolution. Before filing a formal claim, you agree to email [email protected] describing the dispute. We will attempt to resolve it within 60 days.

12.2 Binding arbitration. If informal resolution fails, any dispute will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, in San Francisco, California. The arbitrator's decision is final and enforceable in any court.

12.3 Class action waiver. Disputes will be resolved on an individual basis only. You and Bukkii each waive the right to participate in a class action, class arbitration, or representative proceeding.

12.4 Exceptions. Either party may bring an individual claim in small-claims court or seek injunctive relief in court for intellectual property violations.

12.5 Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing [email protected] with your account email and the subject "Arbitration Opt-Out."

13.General Provisions

13.1 Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to Section 12, courts in San Francisco County, California, will have exclusive jurisdiction.

13.2 Changes to the Terms

We may update these Terms occasionally. Material changes will be communicated by email or in-app banner at least 30 days before they take effect. Continued use after the effective date counts as acceptance.

13.3 Assignment

You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of substantially all our assets.

13.4 Force majeure

Neither party is liable for failure to perform caused by events outside reasonable control — including natural disasters, war, terrorism, labor strikes, pandemics, internet outages, or actions of carriers and government agencies.

13.5 Entire agreement

These Terms, together with the Privacy Policy, any signed BAA, and any Order Form, are the complete agreement between you and Bukkii regarding the Service. They supersede all prior agreements.

13.6 Severability

If any provision of these Terms is unenforceable, the rest remains in effect. The unenforceable part will be modified to the minimum extent needed to make it enforceable.

13.7 No waiver

Our failure to enforce any provision is not a waiver of our right to enforce it later.

14.Contact