Version 2026-08-25 · Effective 2026-08-25
Terms of Service
Aimée LLC 30 N Gould St, Ste R, Sheridan, WY 82801, USA Email: founder@tryaimee.com EIN: 36-5184363
Effective Date: August 25, 2026 Version: 2026-08-25
These Terms of Service ("Agreement") govern your access to and use of the Aimée AI voice management platform. By creating an account, accepting these Terms during registration, or using the Service, you ("Customer") agree to be bound by this Agreement. If you do not agree, do not use the Service.
What Changed in This Version
- Clarified that Section 5.2's free trial terms describe the standard offer; a specific promotional offer disclosed to the Customer at signup or trial activation may grant different trial duration and minute allowances instead.
1. Definitions
For the purposes of this Agreement, the following terms have the meanings set out below:
"Aimée" means Aimée LLC, a Wyoming limited liability company, with its registered office at 30 N Gould St, Ste R, Sheridan, WY 82801, USA.
"Customer" means the clinic, medical practice, dental practice, beauty salon, or other business organization that has registered for the Service and accepted this Agreement. References to "you" or "your" throughout this Agreement refer to the Customer.
"Service" means the Aimée AI voice agent platform, including the web dashboard, AI-powered telephone answering and appointment scheduling functionality, the embeddable website voice widget for browser-based calls, knowledge base management tools, call history and analytics features, and any related APIs, integrations, or software provided by Aimée.
"Authorized User" means any individual—including clinic owners, managers, receptionists, accountants, and other staff—whom the Customer has permitted to access the Service under the Customer's account.
"Personal Data" means any information relating to an identified or identifiable natural person, including patients, callers, and Authorized Users, processed through or in connection with the Service.
"Confidential Information" means any non-public information disclosed by one party to the other in connection with this Agreement that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of Aimée includes the Service, its underlying software, AI models, system prompts, and pricing terms not published on Aimée's website. Confidential Information of Customer includes Customer Data, patient information, and business terms discussed during the sales process.
"Customer Data" means all data, content, and information submitted to or generated by the Service on behalf of the Customer, including call transcripts, appointment records, knowledge base content, and patient information disclosed during calls.
2. The Service
Aimée provides an AI-powered voice agent platform designed for use by private medical and healthcare clinics. The Service enables Customers to deploy an AI voice agent that answers incoming telephone calls on behalf of the clinic 24 hours a day, 7 days a week, records and transcribes conversations, assists callers with appointment scheduling and general inquiries, and provides clinic staff with a management dashboard for reviewing call history, managing agent configuration, and accessing analytics. The Service also includes an embeddable voice widget through which visitors can start browser-based voice calls from Customer's website. The widget offers its own pre-call consent flow before connecting a conversation; if valid pre-call consent is not completed, the applicable in-call audio preamble is used instead.
The AI voice agent communicates using natural language. The Service supports the following languages: English (EN), French (FR), and Russian (RU). Each deployed agent operates in a single language configured by the Customer. Multi-language support across agents may be available depending on the Customer's subscription plan.
Each individual voice call handled by the Service, whether received by telephone or through the website widget, has a maximum duration of fifteen (15) minutes. When that limit is reached, the Service ends the call regardless of Customer's subscription plan or remaining minute balance. This per-call duration limit is separate from the usage-minute balance described in Section 5.7.
2.1 Telephone Numbers
Any telephone number provided by Aimée is a technical number used to receive calls forwarded from Customer's own telephone number. All rights to the provided technical number remain with Aimée or its telecommunications provider. The technical number cannot be ported or transferred to Customer during or after the subscription. Customer is responsible for maintaining its own public-facing telephone number and configuring and paying for call forwarding to the technical number. When the subscription or applicable telephone service ends, Aimée may release and reuse the technical number.
2.2 Preview and Beta Features
Aimée may make preview, beta, experimental, or early-access features available from time to time. Such features are provided "as is", without warranties or service-level commitments, may be incomplete or contain errors, and may be changed, suspended, or removed at any time without liability. Preview and beta features remain part of the Service and are subject to this Agreement.
Aimée reserves the right to modify, update, or discontinue features of the Service at any time, provided that Aimée will use commercially reasonable efforts to notify Customers of material changes in advance and will not materially degrade the core functionality described in this Section during a paid subscription period without reasonable notice.
3. Account Registration
The Service supports two distinct registration paths, each with different legal consequences:
3.1 Owner Registration
The first individual who registers a new organization account ("Owner") accepts these Terms of Service, the Privacy Policy, and the Data Processing Agreement on behalf of both themselves personally and the organization they identify during registration. By completing Owner registration, the Owner warrants and represents that: (a) they are duly authorized to bind the organization to this Agreement and the Data Processing Agreement; (b) they reviewed the applicable documents in the language displayed during signup; and (c) their acceptance of the DPA extends to all Authorized Users who subsequently access the Service under the organization's account — those users do not separately accept the DPA.
3.2 Invited Authorized User Registration
An Owner or authorized Manager may invite additional individuals (employees, contractors) to access the Service under the organization's account via the team management feature. An Invited User accepts these Terms of Service and the Privacy Policy for their personal use of the Service only. An Invited User does NOT separately accept the Data Processing Agreement — they are bound by the DPA already accepted by the Owner on behalf of the organization, as a consequence of their use of the Service under that organization's account. The distinction between Owner acceptance and Invited User acceptance is recorded in Aimée's audit log (see Section 3.4).
3.3 Common Requirements for Both Paths
Email verification is required for all registration paths. Accounts that have not been email-verified may have restricted access to certain features. All users must maintain the accuracy of their account information and must promptly update any information that becomes inaccurate or outdated. Sharing account credentials is prohibited; each individual must have their own login credentials. Users must notify Aimée immediately at founder@tryaimee.com if they suspect any unauthorized access to their account.
Aimée will not be liable for any loss or damage arising from a user's failure to comply with these account security obligations.
3.4 Consent Audit Log
Aimée maintains an immutable audit log of all acceptances recording precisely which version of which document was accepted by which individual, in which language, at what time, and through which registration path (Owner or Invited User). This record constitutes the legal evidence of consent under GDPR Article 7(1) and is retained as described in the Privacy Policy, Section 16.
4. Authorized Users and Roles
The Service provides a role-based access control system that allows Customer to assign different levels of access and functionality to different Authorized Users within the Customer's organization. The available roles and their associated permissions are described in the Customer's dashboard and may be updated from time to time as the Service evolves.
Customer is responsible for managing the Authorized Users who have access to the Service under the Customer's account, including creating and deactivating user accounts in a timely manner when Authorized Users leave the organization or change roles. Customer must promptly deactivate access for individuals no longer affiliated with the organization.
Customer is fully responsible for the acts and omissions of all Authorized Users using its account. Any act or omission by an Authorized User that would constitute a breach of this Agreement if performed by the Customer shall be deemed a breach of this Agreement by the Customer.
Customer shall ensure that all Authorized Users are aware of and comply with the relevant provisions of this Agreement, in particular the Acceptable Use Policy set out in Section 6.
5. Pricing and Billing
5.1 Tariffs and Pricing Updates
Current pricing plans and tariffs for the Service are published on the tariff page for Customer's region at tryaimee.com: https://tryaimee.com/uk/tariffs, https://tryaimee.com/eu/tariffs, or https://tryaimee.com/us/tariffs. Aimée reserves the right to update its pricing at any time, provided that Aimée will give existing paying Customers at least thirty (30) days' advance written notice before any price increase takes effect for their current subscription plan. Price increases will not apply to the current billing period in which notice is given but will apply from the next renewal date following the expiry of the notice period. Customer may cancel through the account dashboard before that renewal date, in which case the increased price will not be charged.
5.2 Free Trial
Aimée offers a free trial period for new Customers. The standard trial provides up to fifty (50) minutes of total call time or seven (7) days from activation, whichever limit is reached first, unless a specific promotional offer disclosed to the Customer at signup or trial activation grants a different trial duration or minute allowance, in which case those disclosed terms apply instead. A valid payment method and selection of a paid subscription plan are required to activate the trial, but no subscription fee is charged at activation. Unless the Customer cancels before the trial ends, the selected paid plan activates automatically when either trial limit is reached. Trial usage is subject to all other terms of this Agreement.
5.3 Payment Processing
All payments are processed exclusively by Stripe, Inc. (510 Townsend Street, San Francisco, CA 94103, USA), a PCI-DSS Level 1 certified payment processor. Aimée LLC does not store, process, or have access to full payment card data. We retain only a tokenized payment reference and the last four digits of the card for billing identification. By providing payment information, you agree to Stripe's Terms of Service (https://stripe.com/legal/ssa) and Privacy Policy (https://stripe.com/privacy).
5.4 Auto-Renewal
Subscriptions to the Service renew automatically at the end of each billing period (monthly or annual, as selected by the Customer) until the Customer cancels. The Customer's payment method on file will be charged at the then-current subscription price at the start of each new billing period.
EU-specific notice: If Customer is located in the European Union or European Economic Area, Customer may cancel their subscription at any time via the account dashboard without providing a reason or justification. Cancellation takes effect at the end of the current billing period.
5.5 No Refunds; Cancellation
Except for the pro-rated refunds expressly provided in Sections 12.4 and 19.6, all subscription fees are non-refundable. Customer may cancel their subscription at any time via the account dashboard. Upon cancellation, the subscription will remain active and Customer will retain access to the Service through the end of the billing period already paid for. No pro-rated refunds will be issued for the unused portion of a billing period. Aimée does not provide refunds or credits for partially used subscription periods, unused call minutes, or features not utilized during a paid period.
5.6 Taxes
Subscription fees are stated exclusive of any applicable taxes, levies, duties, or similar governmental charges. Customer is responsible for paying all applicable value-added tax (VAT), goods and services tax (GST), sales tax, and any other taxes imposed by any governmental authority in connection with Customer's purchase and use of the Service, except where Aimée is required by applicable law to collect and remit such taxes directly. If Aimée is required to collect taxes on Customer's behalf, such taxes will be added to the applicable invoice.
5.7 Usage Minutes and Call Admission
The number of usage minutes included in each billing period is determined by Customer's subscription plan. Additional purchased minutes are added to the available balance. When both the included-minute balance and additional-minute balance are exhausted, the Service does not accept new telephone or website-widget calls until minutes are replenished by a purchase or the next applicable billing period.
For a paid subscription, a call that began while a positive minute balance was available is not ended solely because the balance is exhausted during that call; it may continue until it ends naturally or reaches the fifteen (15)-minute per-call limit in Section 2. For a free-trial call, the Service may end the call after the trial minutes remaining when that call began have been consumed, with up to one (1) additional minute of grace, and always subject to the same fifteen (15)-minute per-call limit.
Customer is responsible for monitoring its available minute balance in the dashboard and purchasing additional minutes when needed. Aimée does not guarantee advance or real-time notification that a minute balance is low or exhausted.
5.8 Failed and Overdue Payments
If an attempted subscription charge is unsuccessful, or a subscription becomes past due or unpaid, Aimée may immediately suspend acceptance of new telephone and website-widget calls while keeping Customer's dashboard available. Call acceptance may resume after the overdue amount is successfully paid. The thirty (30)-day cure period in Section 12.3 does not condition or delay this suspension right. Aimée may charge interest on overdue amounts at the maximum rate permitted by applicable law, accruing from the payment due date until paid.
6. Acceptable Use Policy
Customer and all Authorized Users must use the Service only for lawful purposes and in accordance with this Agreement. The following uses of the Service are expressly prohibited:
Illegal activity: Customer must not use the Service for any purpose that violates applicable local, national, or international law or regulation, including laws relating to data protection, privacy, telecommunications, healthcare, and consumer protection.
Spam and unsolicited communications: Customer must not use the Service to initiate unsolicited outbound calls or messages, to conduct telephone spam campaigns, or to engage in any form of communication that violates applicable anti-spam, telemarketing, or do-not-call regulations.
Emergency services: The Service is not designed or approved for use in connection with emergency medical services, crisis lines, or any application where a failure of the Service could result in failure to access emergency assistance. Customer must not use or market the Service as a substitute for emergency services or as a means for callers to reach emergency responders.
Adversarial use prohibition: Customer and Authorized Users shall not attempt to: (a) extract system prompts or internal instructions of AI models powering the Service; (b) perform prompt injection or jailbreak attacks against the AI components of the Service; (c) probe for security vulnerabilities in the Service or its infrastructure without prior written authorization from Aimée; (d) access, obtain, or tamper with data belonging to other Customers; (e) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service.
Fraud, harassment, and deception: Customer must not use the Service to engage in any form of fraud, deception, impersonation, harassment, or abusive conduct toward callers, patients, or third parties.
Consequences of breach: Aimée may suspend or terminate Customer's access to the Service immediately and without notice in the event of a material breach of this Acceptable Use Policy. Aimée reserves the right to investigate suspected violations and to cooperate with law enforcement authorities in connection with any investigation of suspected illegal activity.
7. Customer Responsibilities
7.1 Caller Verification
The Service identifies callers on a best-effort basis using caller ID (where available and not blocked or spoofed) together with conversational questions about information a caller would reasonably need to know — such as the patient's name, phone number, and details of an existing appointment (date, service, or provider) — before the AI agent will disclose, modify, or cancel an appointment. This approach is intended to deter casual or opportunistic misuse but is not a guarantee of caller authenticity: it does not verify a caller's identity against government-issued identification, a passphrase, a one-time code, or any other credential Customer configures for that purpose, because the Service does not currently offer configurable caller-verification rules (for example, passphrases, last-four-digit phone verification, or date-of-birth checks). Customer acknowledges that patient safety and data security in relation to caller authentication are Customer's responsibility, and that Aimée's AI agent is not a substitute for identity verification procedures required by applicable law or professional standards, particularly for high-risk actions such as disclosing protected health information or medical record changes. Customer should implement its own compensating procedures (such as staff callback confirmation for sensitive requests) where its risk assessment calls for stronger assurance than the Service currently provides.
7.2 Review of AI-Generated Outputs
Customer is responsible for reviewing all AI-generated outputs produced by the Service, including appointment summaries, call transcripts, task lists, and other records, for accuracy and completeness before acting upon them or incorporating them into clinical or administrative workflows. Customer acknowledges that AI-generated content may contain errors and that all decisions made based on such outputs remain Customer's sole responsibility.
7.3 Medical Records Retention
Customer is responsible for compliance with all laws and regulations applicable in Customer's jurisdiction relating to the creation, retention, storage, security, and destruction of medical records and health information, including but not limited to requirements under the Health Insurance Portability and Accountability Act (HIPAA) in the United States, the Data Protection Act 2018 and UK GDPR in the United Kingdom, and applicable EU member state laws. Aimée is not a medical records management system and is not designed to serve as Customer's primary system of record for clinical documentation.
7.4 Call Recording Consent
Customer is responsible for obtaining all consents required by applicable law from patients and callers in connection with the recording and transcription of telephone calls by the Service. This includes, without limitation, compliance with two-party or all-party consent requirements applicable in certain states of the United States, transparency and consent obligations under the General Data Protection Regulation (GDPR) in the EU/EEA, and equivalent requirements under UK GDPR. Customer must implement appropriate caller notification procedures (such as an introductory disclosure that calls may be recorded) before deploying the Service to answer calls from patients in jurisdictions requiring such notification.
7.4A AI and Recording Disclosure
The Service's country-specific default preamble informs callers that they are interacting with an AI assistant. At the start of each telephone call, the Service plays the current preamble before the opening greeting. Before a website-widget call connects, the Service instead presents the current preamble for the caller's acceptance and does not repeat it in audio after acceptance. Where included in the country-specific default, the preamble also states that the call is or may be recorded.
Customer may replace the default preamble with its own disclosure text ("Customer Disclosure"). By saving or using a Customer Disclosure, Customer confirms that it has reviewed and approved the disclosure text and that it complies with applicable data protection, AI-transparency, call-recording, transcription, notice, and consent requirements in Customer's jurisdiction. Customer is solely responsible for the Customer Disclosure and for obtaining any consent required by applicable law. Aimée does not review, approve, or verify the legal sufficiency of a Customer Disclosure.
7.5 Data Protection Warranty
Customer represents, warrants, and covenants that, before and throughout its use of the Service to process patient or caller Personal Data: (a) Customer has identified and documented a valid legal basis under GDPR Article 6 and, for special category data, satisfies an applicable condition under GDPR Article 9, including the requirements of Article 9(3) and applicable EU Member State or UK law; (b) Customer has provided Data Subjects with the notices required by GDPR Articles 13 and 14, including notice that Customer uses an AI voice agent, records and transcribes calls where enabled, and engages Aimée as a Processor; and (c) Customer has obtained all consents required by the law applicable in Customer's jurisdiction, including any consent required for call recording, transcription, or other Processing through the Service. A breach of this warranty is subject to Customer's indemnification obligation in Section 14.2(c).
7.6 Integration Credential Security
Customer is responsible for the security of all integration credentials, tokens, API keys, and access credentials that Customer provides to Aimée for the purpose of connecting the Service with third-party systems such as CRM platforms, calendar applications, and practice management software. Customer must promptly revoke and replace any integration credentials that Customer believes may have been compromised.
8. AI Output Disclaimer
The Service uses third-party large language models. AI-generated outputs may contain inaccuracies, hallucinations, or omissions. Aimée does not warrant the accuracy of any AI-generated content. Customer acknowledges that all such outputs are advisory and Customer remains solely responsible for any decisions made based on them.
Aimée does not guarantee that the AI voice agent will correctly understand all accents, dialects, or speech patterns, or that it will always accurately transcribe or summarize conversations. The quality of AI outputs may vary depending on audio quality, connection conditions, background noise, and the complexity of the subject matter discussed.
9. Medical Disclaimer
Aimée is NOT a medical device, clinical decision support system, or diagnostic tool. The Service is administrative software only. Aimée does not provide medical advice. Customer's clinicians remain solely responsible for all medical, dental, and health-related decisions. Aimée is not designed for and may not be used for: emergency medical services, triage of urgent symptoms, prescription management, or any function that, if it failed, could result in patient harm.
Nothing in the Service, including any AI-generated responses, call summaries, or appointment records, constitutes medical advice, a medical diagnosis, a treatment recommendation, or a prescription. Any information generated by the Service relating to a patient's health or medical condition is incidental to the scheduling and administrative functions of the Service and must not be used as the basis for clinical decision-making without independent review by a qualified healthcare professional.
10. Intellectual Property
10.1 Aimée's Intellectual Property
Aimée and its licensors retain all rights, title, and interest in and to the Service, including all software, source code, AI models, system prompts, algorithms, user interfaces, design elements, documentation, trademarks, service marks, and trade names associated with the Service. This Agreement does not grant Customer any ownership interest in the Service or any component thereof. Customer's right to use the Service is limited to the license granted under this Agreement during the term.
10.2 Customer Data
Customer retains all rights, title, and interest in and to Customer Data, including all call transcripts, knowledge base content, and patient information submitted to or generated on behalf of Customer through the Service. Aimée claims no ownership over Customer Data.
10.3 License to Customer Data
Customer grants Aimée a limited, non-exclusive, worldwide, royalty-free license to access, use, store, reproduce, process, and transmit Customer Data solely to provide, maintain, secure, and support the Service as described in this Agreement and Aimée's Privacy Policy. Aimée does not use Customer Data to train or fine-tune AI models. This license terminates upon deletion of Customer Data in accordance with Aimée's data retention policies.
Aimée may create and use aggregated and anonymized data derived from Customer Data, including usage statistics, quality metrics, and benchmarks, provided that such data cannot reasonably be used to identify Customer, any of its patients, or any caller. Such aggregated and anonymized data is neither Personal Data nor Customer Data, and Aimée may use it during and after the term of this Agreement.
10.4 Feedback
If Customer or any Authorized User provides Aimée with suggestions, ideas, enhancement requests, or other feedback relating to the Service ("Feedback"), Aimée may use such Feedback for any purpose without obligation of any kind to Customer, including without any requirement to provide attribution or compensation. Customer acknowledges that Aimée has no obligation to implement, maintain, or act upon any Feedback.
10.5 Customer Reference
Customer grants Aimée permission to identify Customer as a customer of the Service and to use Customer's name and logo for that purpose in Aimée's website, customer lists, presentations, and other marketing materials. Customer may withdraw this permission at any time by written notice to founder@tryaimee.com, after which Aimée will stop new uses and remove existing digital uses within a reasonable period.
11. Confidentiality
Each party agrees to hold the other party's Confidential Information in strict confidence and to use the other party's Confidential Information only for the purposes of performing its obligations or exercising its rights under this Agreement. Each party agrees to protect the other party's Confidential Information with at least the same degree of care it uses to protect its own confidential information of similar nature, but in no event with less than reasonable care.
Each party may disclose the other party's Confidential Information to its employees, contractors, advisors, and agents who have a need to know such information for the purposes of this Agreement and who are bound by confidentiality obligations no less protective than those contained in this Section.
The confidentiality obligations in this Section do not apply to information that: (a) is or becomes publicly available through no breach of this Agreement by the receiving party; (b) was rightfully known to the receiving party prior to disclosure by the disclosing party; (c) is rightfully received by the receiving party from a third party without restriction on disclosure; or (d) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.
Each party may disclose the other party's Confidential Information to the extent required by applicable law or a valid court order, provided that the receiving party gives the disclosing party prompt written notice of such requirement (to the extent permitted by law) and reasonably cooperates with the disclosing party's efforts to seek a protective order or other appropriate relief.
The confidentiality obligations set out in this Section shall survive the termination or expiration of this Agreement for a period of three (3) years.
12. Term and Termination
12.1 Term
This Agreement commences on the date Customer accepts it (including by clicking "I agree" or equivalent during the registration process) and continues until terminated in accordance with this Section. Unless Customer has purchased an annual subscription plan, the subscription to the Service operates on a month-to-month basis.
12.2 Termination by Customer
Customer may terminate this Agreement at any time by cancelling their subscription through the account dashboard. Termination takes effect at the end of the then-current billing period. Customer will retain access to the Service through the end of the paid period, and no refunds will be issued for any unused portion of a paid subscription period.
12.3 Termination by Aimée for Cause
Aimée may terminate this Agreement immediately if: (a) Customer materially breaches this Agreement and fails to cure such breach within thirty (30) days of receiving written notice from Aimée specifying the nature of the breach; (b) Customer becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy, insolvency, or similar proceedings; or (c) Customer violates Section 6 (Acceptable Use Policy) in a manner that, in Aimée's reasonable judgment, poses an immediate risk of harm or legal liability.
For clarity, the thirty (30)-day cure period above applies to termination under subsection (a). It does not apply as a condition to the immediate call-suspension right for failed or overdue payments in Section 5.8; such a suspension is not itself termination of this Agreement, and dashboard access remains available as stated in Section 5.8.
12.4 Termination by Aimée for Convenience
Aimée may also terminate this Agreement for any reason or no reason upon thirty (30) days' written notice to Customer. In the event of termination for convenience by Aimée, Aimée will issue a pro-rated refund of any prepaid subscription fees for the unused portion of the then-current subscription period.
12.5 Effect of Termination; Data Deletion
Upon termination or expiration of this Agreement for any reason: (a) all licenses granted under this Agreement will immediately terminate; (b) Customer must cease all use of the Service except as necessary to export Customer Data during the grace period; and (c) Aimée will make Customer Data available for export in a machine-readable format for thirty (30) days following termination (the "grace period"). During that same period, Customer may give Aimée written instructions to return Customer Data through that export or to delete it earlier. If Customer gives no instructions, or once the grace period expires, Aimée will delete or anonymize Customer Data in accordance with its Privacy Policy. Upon Customer's written request, Aimée will certify completed deletion in writing. Customer is responsible for exporting any Customer Data it wishes to retain before the grace period expires, and Aimée has no obligation to retain Customer Data after that date except where applicable law requires retention.
Provisions of this Agreement that by their nature should survive termination will survive, including without limitation Sections 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, and 19.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIMÉE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO AIMÉE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
IN NO EVENT SHALL AIMÉE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY.
The limitations in this Section apply to all claims arising out of or related to this Agreement, including claims involving confidentiality, data protection, intellectual property, or indemnification. They do not apply to: (a) liability that cannot be excluded or limited under applicable law; (b) fraud or willful misconduct; (c) death or personal injury caused by negligence; or (d) Customer's payment obligations.
14. Indemnification
14.1 Indemnification by Aimée
Aimée will defend, indemnify, and hold harmless Customer and its officers, directors, employees, and agents from and against any third-party claim, action, suit, or proceeding ("Claim") alleging that the Service, as provided by Aimée and used in accordance with this Agreement, infringes any patent, copyright, trademark, or trade secret of a third party. Aimée's indemnification obligations under this Section are conditioned upon: (a) Customer providing Aimée with prompt written notice of the Claim; (b) Customer granting Aimée sole control over the defense and settlement of the Claim; and (c) Customer providing reasonable cooperation and assistance to Aimée in the defense of the Claim. If the Service is found or is reasonably likely to be found to infringe, Aimée may at its option: (i) modify the Service to make it non-infringing; (ii) obtain a license permitting continued use; or (iii) terminate Customer's access to the infringing component and issue a pro-rated refund of prepaid fees for the affected period. Aimée's obligations under this Section 14.1 are subject to the limitations and exclusions in Section 13.
14.2 Indemnification by Customer
Customer will defend, indemnify, and hold harmless Aimée and its officers, directors, employees, and agents from and against any Claim arising from or related to: (a) Customer Data, including any allegation that Customer Data infringes or misappropriates any third-party intellectual property or privacy rights; (b) Customer's or any Authorized User's use of the Service in violation of this Agreement, including the Acceptable Use Policy; (c) Customer's breach of the data-protection warranty in Section 7.5 or its obligations concerning a Customer Disclosure under Section 7.4A, including failure to establish a required legal basis or special-category condition, provide required privacy or AI-transparency notices, or obtain required patient or caller consents for call recording, transcription, or data processing; (d) Customer's violation of any applicable law or regulation; or (e) any negligent or wrongful act or omission by Customer or any Authorized User in connection with the Service.
15. Warranty Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIMÉE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AIMÉE DOES NOT WARRANT THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, THAT THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AIMÉE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED CONTENT, TRANSCRIPTS, SUMMARIES, OR OTHER OUTPUTS PRODUCED BY THE SERVICE.
16. Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement to the extent that such failure or delay is caused by circumstances beyond that party's reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, civil unrest, terrorism, governmental actions or orders, labor disputes, widespread internet or telecommunications outages, or failures of third-party infrastructure providers. The party affected by a force majeure event shall: (a) promptly notify the other party of the nature and expected duration of the event; (b) use commercially reasonable efforts to minimize the impact of and overcome the event; and (c) resume performance as soon as reasonably practicable after the event ceases. If a force majeure event affecting Aimée continues for more than sixty (60) days, Customer may terminate this Agreement without penalty upon written notice to Aimée.
17. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict-of-laws rules.
Any dispute arising out of or related to this Agreement that is not resolved amicably between the parties shall be subject to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming, USA. Each party irrevocably submits to the personal jurisdiction of such courts for this purpose.
EU/UK exception: If you are a Customer located in the European Union, European Economic Area, or United Kingdom, you retain all mandatory consumer and data subject rights under applicable local law, including rights under the General Data Protection Regulation (GDPR), UK GDPR, and any applicable consumer protection legislation. Nothing in this Section limits those rights, and the choice of Wyoming law does not deprive EU/UK Customers of the protection afforded by mandatory provisions of EU/UK law that cannot be derogated from by agreement.
18. Regional Provisions
18.1 European Union and European Economic Area
If Customer is located in the EU/EEA, the General Data Protection Regulation (EU) 2016/679 ("GDPR") applies to Aimée's processing of Personal Data on behalf of Customer. Aimée's Data Processing Agreement ("DPA"), available at https://tryaimee.com/legal/dpa, is incorporated into this Agreement by reference and governs such processing. Transfers of Personal Data from the EU/EEA to the United States and other third countries are governed by the Standard Contractual Clauses adopted by the European Commission in Decision (EU) 2021/914 (Module 2: Controller-to-Processor), which are incorporated by reference into each applicable subprocessor agreement. A list of approved subprocessors is maintained at https://tryaimee.com/legal/subprocessors.
18.2 United Kingdom
If Customer is located in the United Kingdom, the UK General Data Protection Regulation ("UK GDPR") as defined by the Data Protection Act 2018 applies. Transfers of Personal Data from the UK to the United States and other third countries are governed by the UK International Data Transfer Addendum to the EU SCCs (issued by the UK Information Commissioner's Office under Section 119A(1) of the Data Protection Act 2018), which is incorporated by reference into each applicable subprocessor agreement.
18.3 United States
If Customer is located in the United States, applicable state privacy laws may apply to Customer's use of the Service, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, and equivalent state-level privacy laws in Virginia, Colorado, Connecticut, Utah, Texas, Oregon, and other jurisdictions. Aimée acknowledges these rights and honors them as described in Aimée's Privacy Policy. Customers who are "covered entities" or "business associates" under the Health Insurance Portability and Accountability Act (HIPAA) should contact Aimée at founder@tryaimee.com to discuss Business Associate Agreement requirements before using the Service to process protected health information.
19. General and Notices
19.1 Entire Agreement
This Agreement, together with the Privacy Policy, the Data Processing Agreement (incorporated by reference for EU/UK Customers), and any order forms or subscription confirmations issued by Aimée, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties between the parties.
19.2 Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of this Agreement shall continue in full force and effect.
19.3 No Waiver
No failure or delay by either party in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
19.4 Assignment
Customer may not assign or transfer this Agreement, or any rights or obligations under it, without Aimée's prior written consent, and any attempted assignment without such consent shall be void. Aimée may assign this Agreement or any of its rights or obligations under it without Customer's consent to: (a) an affiliate or subsidiary of Aimée; (b) a successor entity in connection with a merger, acquisition, or sale of all or substantially all of Aimée's assets; or (c) any entity that assumes Aimée's obligations under this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
19.5 Notices
All legal notices to Aimée under this Agreement should be sent by email to founder@tryaimee.com and shall be deemed received on the next business day after sending, provided no automated bounce-back is received. Notices to Customer will be sent to the email address on file in their account. Email is Aimée's preferred and priority notice channel; where the same notice is also sent by physical mail to Aimée's registered office, the email notice is deemed received first under the rule above.
Aimée may also provide notices to Customer through the Service dashboard or by posting updates to this Agreement on Aimée's website, in which case such notices shall be deemed given upon the earlier of (a) Customer's actual receipt, or (b) 24 hours after posting.
19.6 Amendments
Aimée reserves the right to amend this Agreement at any time. Each amended version takes effect on the effective date stated in that version. A Customer registering on or after that date accepts the then-current version. For an existing Customer, the version that Customer previously accepted continues to govern until Customer accepts the amended Agreement. If Customer does not accept within the applicable acceptance period, incoming calls will continue to be received and processed, but the management dashboard will be limited to view-only access until the amended Agreement is accepted. The Customer's subscription will remain active and payable during that period because the call-handling Service continues to operate.
For material changes, Aimée will provide at least thirty (30) days' advance notice to Customer by email to the address on file. If Customer does not agree with a material change, Customer may terminate this Agreement before the change begins to apply to it. Cancellation through the account dashboard under Section 12.2 constitutes notice that Customer does not agree, but the ordinary no-refund rule continues to apply unless Customer also sends written notice to founder@tryaimee.com before the applicable acceptance period expires. On timely written notice, Aimée will terminate the Agreement and refund the pro-rata portion of prepaid subscription fees attributable to the unused period.
For critical changes, such as changes to liability provisions or governing law, Aimée will give at least seven (7) days' advance notice and require Customer's affirmative re-acceptance. A critical change will not take effect for an existing Customer earlier than seven (7) days after notice. During that acceptance period the Service remains fully available; after it expires, the view-only consequences above apply until Customer accepts the amended Agreement or terminates under this Section. A critical change is also a material change for purposes of the termination and refund right above. Pricing changes are governed exclusively by Section 5.1 and are not critical changes under this Section.
19.7 Relationship of the Parties
The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between the parties. Neither party has authority to bind the other or to incur any obligation on the other's behalf.
19.8 Headings
Section headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
20. Contact
For questions about these Terms of Service, to provide legal notices under Section 19.5, or for any other inquiry:
Aimée LLC 30 N Gould St, Ste R, Sheridan, WY 82801, USA Email: founder@tryaimee.com
For data protection inquiries, privacy rights requests, or questions related to Aimée's Data Processing Agreement: Email: founder@tryaimee.com (Subject: "Privacy Request" or "Legal Notice")
These Terms of Service are effective as of August 25, 2026. Version 2026-08-25.