1. Introduction

Welcome to Gioconda AI (“Company,” “we,” “our,” or “us”). By accessing our Terms of Service, we encourage you to take a moment to review the following carefully. It should take approximately 20 minutes to read.

These Terms of Service (“Terms”) govern your use of our websites located at www.gioconda.ai and our app.gioconda.ai software platform (collectively or individually referred to as the “Service”), which are operated by Gioconda AI.

In addition, your use of the Service is governed by our Privacy Policy, which outlines how we collect, safeguard, and disclose information resulting from your interaction with our websites.

By accessing or using our Service, you agree to these Terms and our Privacy Policy (collectively, the “Agreements”). By doing so, you acknowledge that you have read, understood, and consent to be bound by the Agreements.

If you do not agree to or cannot comply with the Agreements, you may not use the Service. If you have any concerns or require assistance, please contact us at help@gioconda.ai, and we will work to address your concerns. These Terms apply to all visitors, users, and others who access or use the Service.

Thank you for your cooperation and understanding.

2. Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at help@gioconda.ai.

2A. Automated Communications and AI Interaction Consent (TCPA)

By using the Service, you expressly consent to receive communications via:

• Artificial or prerecorded voice calls
• AI-generated voice communications
• SMS and MMS messages
• Automated notifications and system-generated communications

You acknowledge and agree that:

• Message and data rates may apply
• Consent is not a condition of purchase
• You may opt out where applicable
• You are solely responsible for ensuring that you have obtained all legally required consent before using the Service to contact third parties

You agree to comply with all applicable laws, including but not limited to:

• The Telephone Consumer Protection Act (TCPA)
• CAN-SPAM Act
• All applicable federal, state, and international communication laws

3. AI Hallucinations and Information Reliability

Please note that our AI system may occasionally generate outputs that contain inaccuracies or what are commonly referred to as “hallucinations.” Such occurrences may result from limitations in the AI's training data or inherent biases within the system.

While we make every effort to deliver accurate and reliable content, the AI’s knowledge is based on information available up to the end of 2024 and may not reflect the most recent developments or updates on certain topics. Users are advised to independently verify the accuracy and reliability of any information provided by the AI system.

By utilizing our service, you acknowledge and accept that the information generated by our AI may not always be entirely accurate. Furthermore, you agree not to hold our company liable for any consequences arising from reliance on AI-generated content.

3A. AI System Limitations, Autonomy, and Risk Allocation

The Service incorporates advanced artificial intelligence systems capable of generating responses, making recommendations, and executing actions based on interpreted user input and contextual data.

You expressly acknowledge and agree that:

• AI-generated outputs are probabilistic in nature and may contain inaccuracies, omissions, hallucinations, or unintended results
• The AI may act upon inferred intent, which may differ from the user’s actual intent
• The Service may autonomously perform functions including, but not limited to, scheduling, routing, responding, and initiating transactional workflows

The Company makes no representations or warranties regarding:

• The accuracy, completeness, or reliability of AI-generated outputs
• The appropriateness of AI decisions or actions
• The suitability of AI-generated responses for any particular purpose

You agree that:

All use of AI outputs is at your sole risk, and you are solely responsible for verifying any information or actions generated by the AI.

4. Purchases

If you wish to purchase any product or service made available through our Service (“Purchase”), you may be required to provide certain information relevant to your transaction, including but not limited to your credit card number, credit card expiration date, billing address, and shipping information.

By proceeding with a Purchase, you represent and warrant that:

• You have the legal authority to use any credit card(s) or other payment method(s) associated with the transaction.
• The information you provide to us is accurate, complete, and truthful.

We may utilize third-party services to facilitate payment processing and the completion of Purchases. By submitting your information, you authorize us to share this information with such third parties in accordance with our Privacy Policy.

We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to situations involving product or service unavailability, inaccuracies in product or service descriptions or pricing, errors in your order, or other unforeseen circumstances.

Additionally, we reserve the right to refuse or cancel any order if fraudulent, unauthorized, or illegal activity is suspected.

4A. AI-Assisted Transactions and Financial Authorization

The Service may enable or facilitate transactions through AI-driven interactions, including but not limited to:

• Payments
• Bookings
• Service confirmations
• Order placements

These interactions may occur via:

• Voice (including AI-generated voice)
• SMS or messaging platforms
• Web or chat interfaces

By using these features, you acknowledge and agree that:

• Transactions may be initiated based on conversational input
• You are solely responsible for confirming and authorizing all transactions
• The Company does not guarantee accurate interpretation of user intent

You further agree that the Company shall not be liable for:

• Unauthorized transactions resulting from user error, ambiguity, or miscommunication
• Misinterpretation of user intent by AI systems
• Failures, delays, or security issues related to third-party payment providers

5. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

6. Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Gioconda AI cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the Gioconda AI customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide Gioconda AI with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize Gioconda AI to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Gioconda AI will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

7. Fee Changes

Gioconda AI, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Gioconda AI will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

8. Subscription Cancellation and Refund Policy

If you are dissatisfied with the Service or decide to cancel your subscription, you may do so within the first 30 days of subscribing to receive a refund of your subscription fee. Please note that any Credits used during this period will be deducted from your account, which may result in a negative balance. A positive account balance is required to continue using the applications.

Refunds for products or subscriptions are limited to one instance per product. For example, if you purchase a product and request a refund, you may repurchase the product, but subsequent refund requests for the same product may not be honored. Any such requests beyond the initial refund will be reviewed on a case-by-case basis.

If you do not cancel your subscription within the initial 30-day period, your subscription will automatically renew, and you will be charged for the next billing cycle. Refunds will not be issued for charges incurred after the renewal date. However, you may cancel your subscription at any time, and the cancellation will take effect at the end of the current billing cycle.

To cancel your subscription, log in to your account and follow the cancellation instructions provided. If you encounter any issues during the cancellation process, please contact our customer support team for assistance. We are dedicated to delivering exceptional customer service and will make every effort to address any concerns you may have.

9. User-Generated Content

Our Service enables users to post, link, store, share, and otherwise make available various forms of information, including text, graphics, videos, and other material (“Content”). You are solely responsible for the Content you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that:

• The Content is your original creation, or you possess the necessary rights to use it and grant us the rights and licenses specified in these Terms; and
• Posting your Content on or through the Service does not infringe upon the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any individual or entity.

We reserve the right to terminate the account of any user who infringes upon copyrights.

You retain all ownership rights to the Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We disclaim any responsibility or liability for Content posted by you or any third party through the Service. However, by posting Content on the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content through the Service. This license also permits us to make your Content available to other users of the Service, who may use your Content in accordance with these Terms.

Gioconda AI reserves the right, but is not obligated, to monitor, review, and edit any Content submitted by users.

Furthermore, all Content found on or through the Service is the property of Gioconda AI or is used with appropriate authorization. You may not distribute, modify, transmit, reuse, download, repost, copy, or otherwise utilize such Content, in whole or in part, for commercial purposes or personal gain without obtaining explicit prior written permission from us.

Community Guidelines: Be Respectful and Safe

Gioconda AI is committed to fostering a respectful and safe environment. Users are strictly prohibited from using the platform to create, upload, or share abusive or illegal content. This includes, but is not limited to, the following types of material:

• Pornographic material or explicit nudity
• Hateful or offensive content that attacks, dehumanizes, or targets individuals or groups based on race, ethnicity, national origin, religion, serious illness or disability, gender, age, or sexual orientation
• Graphic violence or gore
• Promotion, glorification, or threats of violence
• Content related to illegal activities or goods
• Content promoting self-harm or depicting self-harm
• Depictions of nude minors or minors in a sexualized manner
• Content promoting terrorism or violent extremism
• Dissemination of misleading, fraudulent, or deceptive content that could result in real-world harm
• Disclosure of personal or private information about others, such as full names, home addresses, phone numbers, email addresses, government-issued IDs, or any information that could enable others to locate or contact someone

We take violations of these guidelines seriously and reserve the right to report any material that exploits minors to the appropriate authorities.

If you believe someone has violated these guidelines or the Agent Terms of Use, please report the incident by contacting us at support@gioconda.ai. Your cooperation helps us maintain a safe and respectful platform for all users.

More Information

We may take action on your Gioconda AI account if we discover content that violates these Guidelines. For more information about what you can and can’t do while using Gioconda AI, please refer to the Gioconda AI Terms of Use.

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Take any action that may damage or falsify the Company’s rating.
• Otherwise attempt to interfere with the proper working of the Service.

9A. AI Abuse, Manipulation, and Prompt Injection

You agree not to:

• Attempt to manipulate or override AI behavior through adversarial or deceptive inputs
• Use the Service to impersonate individuals or entities
• Attempt to bypass safeguards designed to prevent unauthorized actions
• Exploit AI for fraud, harassment, or unlawful activity

The Company reserves the right to:

• Monitor interactions for abuse patterns
• Suspend or terminate accounts engaging in such behavior
• Report unlawful activity to authorities

10. Parental Advisory 16+

Please be advised that the Service contains content that may not be suitable for individuals under the age of 16. The Service is intended for individuals who are at least 16 years old.

By accessing or using any of the Company’s services, you warrant and represent that you are at least 16 years old and have the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms.

If you are under the age of 16, you are prohibited from accessing or using the Service without the consent and supervision of a parent or legal guardian. The Company does not knowingly collect or solicit any information from anyone under the age of 16 or knowingly allow such persons to register for the Service.

If you are under 16, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address, without the permission of a parent or legal guardian.

If we learn that we have collected personal information from a child under the age of 16 without parental consent, we will promptly delete that information. If you believe that we might have any information from or about a child under 16, please contact us immediately.

11. Accounts

When you create an account with us, you guarantee that you are above the age of 16, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.

If you wish to cancel your subscription, visit your plan settings and click Cancel.

You can get a refund during the first 30 days of starting your plan. Please reach out to our support via live chat or support ticket system at https://gioconda.ai/contact-us to request a refund.

Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.

12. Intellectual Property Ownership

Gioconda AI fully recognizes and respects the significance of intellectual property rights, including those of our users. We affirm that any content or materials you create while using the Gioconda AI platform shall remain your sole and exclusive property. This means you retain full ownership of all rights to the content or materials you produce, and Gioconda AI does not claim any ownership over them.

We acknowledge that the content or materials you create are the result of your time, effort, and creativity. Gioconda AI is committed to upholding your right to own, control, and manage your intellectual property. You retain the freedom to use, distribute, and monetize your work in any manner you choose, without interference from us.

13. Copyright Infringement Policy

We respect the intellectual property rights of others and are committed to addressing claims of copyright or other intellectual property rights infringement (“Infringement”) related to content posted on our Service. It is our policy to respond promptly to such claims in accordance with applicable laws and regulations.

If you are a copyright owner or are authorized to act on behalf of one, and you believe that your copyrighted work has been copied or used in a manner that constitutes copyright infringement, please submit your claim via email to support@gioconda.ai with the subject line: “Copyright Infringement.” Your claim should include a detailed description of the alleged infringement, as outlined below under DMCA Notice and Procedure for Copyright Infringement Claims.

Liability for Misrepresentation

Please note that submitting false or bad-faith claims regarding alleged infringement may result in liability for damages, including costs and attorneys’ fees, under applicable laws.

DMCA Notice and Procedure for Copyright Infringement Claims

To file a notification under the Digital Millennium Copyright Act (DMCA), please provide our Copyright Agent with the following written information (as specified in 17 U.S.C. § 512(c)(3)):

1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
2. A description of the copyrighted work that you claim has been infringed, including the URL (web address) where the copyrighted work is located, or a copy of the copyrighted work itself;
3. Identification of the URL or other specific location on the Service where the allegedly infringing material is located;
4. Your contact information, including your address, telephone number, and email address;
5. A statement by you affirming your good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
6. A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

You may contact our Copyright Agent via email at support@gioconda.ai.

14. Error Reporting and Feedback

You may provide us either directly at support@gioconda.ai or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).

You acknowledge and agree that:

• You shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback;
• The Company may have development ideas similar to the Feedback;
• Feedback does not contain confidential or proprietary information from you or any third party;
• The Company is not under any obligation of confidentiality with respect to the Feedback.

In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

15. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Gioconda AI.

Gioconda AI has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT Gioconda AI SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

15A. Third-Party Infrastructure and Dependencies

The Service relies on third-party providers for:

• Communications (voice, SMS, messaging)
• Payment processing
• Hosting and infrastructure

You acknowledge that:

• These providers operate independently
• The Company has no control over their systems

The Company shall not be liable for:

• Service outages
• Data breaches originating from third parties
• Payment failures or communication delivery issues

16. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

17A. Expanded Limitation of Liability — AI & Automation

Without limiting the foregoing, the Company shall not be liable for:

• Any actions taken or not taken by AI systems
• Financial losses resulting from automated transactions
• Misinterpretation of user input
• Delays or failures in AI-generated communications

18. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

19. Governing Law

These Terms shall be governed and construed in accordance with the laws of State of New York without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

20. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

21. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

22. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

23. Compliance with Telemarketing Laws

Users agree to use Gioconda AI’s services in compliance with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA).

24.Prohibited Uses

Users are prohibited from using Gioconda AI’s services to make unsolicited robocalls or any calls that violate the TCPA or other telemarketing laws.

25.Idemnification

Users agree to indemnify and hold harmless Gioconda AI from any claims, damages, or liabilities arising from their use of the services in violation of telemarketing laws, including the TCPA.

26. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.