Terms of Service

1 Agreement to Terms

These Terms of Service ("Terms") form a binding agreement between Bamboo Metrix LLC, a Delaware limited liability company ("Bamboo," "we," "us"), and the individual or entity accessing or using the Bamboo platform at mybamboo.ai and related services ("Customer," "you").

By creating an account, accessing the platform, or using the Services, you agree to these Terms. If you do not agree, you may not use the Services. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization.

2 Description of Services

Bamboo provides a software-as-a-service platform ("Services") for designing, deploying, monitoring, and improving AI-powered voice agents that handle inbound and outbound telephone calls. The Services include, without limitation:

• Agent design and configuration tools
• Knowledge base management
• Telephony integration
• Call recording and transcription
• Post-call summarization and automated quality evaluation
• Multi-agent orchestration ("squads"), test automation, and analytics

Bamboo may add, modify, or discontinue features from time to time. Material changes that adversely affect paid features will be communicated with reasonable notice.

3 Eligibility and Account Registration

You must be at least 18 years old and legally capable of entering into a binding contract to use the Services. You must provide accurate, current, and complete information during registration and keep that information up to date.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must notify Bamboo immediately of any unauthorized use.

4 Subscription Plans, Pricing, and Payment

4.1 Plans

Bamboo offers several plan tiers, including SaaS, Enterprise, Agency (approval-required), and Self-Hosted / White-Label. Current pricing and features are published at mybamboo.ai or specified in an order form.

4.2 Fees

You agree to pay all fees applicable to your selected plan. Fees may include:

• A recurring subscription fee
• Usage-based fees (e.g., per-minute telephony, per-call AI processing, per-message)
• Add-on or overage fees
• Third-party pass-through costs (telephony, LLM inference, etc.)

4.3 Billing

Unless otherwise specified, subscription fees are billed in advance on a monthly or annual cycle and usage fees are billed in arrears. All fees are stated in US Dollars and are non-refundable except as expressly stated in these Terms or required by law.

4.4 Taxes

Fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, GST, or similar taxes, except taxes based on Bamboo's net income.

4.5 Late Payment

Unpaid amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Bamboo may suspend Services for non-payment after reasonable notice.

5 Acceptable Use

You agree not to use the Services to:

• (a) Violate any applicable law, regulation, or third-party right
• (b) Make calls that violate the US Telephone Consumer Protection Act (TCPA), the FTC's Telemarketing Sales Rule, the Do Not Call Registry, state telemarketing laws, the EU ePrivacy Directive, or equivalent laws in any jurisdiction
• (c) Record or transcribe calls in violation of applicable wiretap or call-recording consent laws, including US state two-party-consent requirements (California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington)
• (d) Fail to disclose that the caller is interacting with an AI system, as required under California SB 1001, the Utah AI Policy Act, the EU AI Act, and equivalent laws
• (e) Impersonate any person or entity, or misrepresent your affiliation
• (f) Distribute spam, malware, or other harmful content
• (g) Reverse-engineer, decompile, or derive the source code of the Services, except to the extent permitted by law
• (h) Use the Services to develop a competing product
• (i) Resell, sublicense, or commercially exploit the Services, except under an Agency plan that expressly permits such use
• (j) Interfere with the integrity or performance of the Services or attempt to gain unauthorized access
• (k) Facilitate fraud, deception, or any activity that causes harm to others

5.1 Cannabis and Regulated Industries

If you use the Services in connection with the cannabis industry or any other regulated industry, you represent and warrant that you operate in full compliance with all applicable state, federal, and local laws and regulations. You acknowledge that cannabis remains a controlled substance under US federal law and that Bamboo makes no representation regarding the legality of your business activities. You are solely responsible for verifying customer age, identity, and eligibility as required by applicable law.

5.2 Outbound Calling

If you use the Services to make outbound calls, you represent and warrant that:

• (a) You have obtained all necessary consents from the called parties, including any "prior express written consent" required under the TCPA
• (b) You will scrub call lists against the US National Do Not Call Registry and any applicable internal or state suppression lists prior to dialing
• (c) You will respect each called party's request to be removed from your calling list
• (d) You will call only within hours permitted under applicable law (typically 8:00 AM to 9:00 PM in the called party's local time in the US)
• (e) You will provide any AI-disclosure required by law at the start of each call
• (f) You will not use the Services for political fundraising or advocacy without separate written consent from Bamboo

You agree that you, not Bamboo, bear all responsibility and liability for compliance with applicable outbound-calling laws.

6 Customer Content and Data

6.1 Definition

"Customer Content" means all data, content, and materials you (or your end users) upload, transmit through, or generate using the Services, including knowledge base content, prompts, agent configurations, call recordings, transcripts, summaries, evaluations, contact lists, and integration data.

6.2 Ownership

As between you and Bamboo, you own all Customer Content. You hereby grant Bamboo a worldwide, non-exclusive, royalty-free license to access, host, copy, process, transmit, and display Customer Content solely to the extent necessary to provide and improve the Services and to comply with legal obligations.

6.3 Aggregated and De-identified Data

Bamboo may collect and use aggregated, anonymized, and de-identified data derived from your use of the Services (such as performance metrics, error rates, and feature usage patterns) for any lawful purpose, including improving the Services and producing benchmarks, provided that such data cannot be used to identify you or any individual.

6.4 Data Processing

Where Bamboo processes personal data on your behalf, the processing is governed by a Data Processing Agreement ("DPA") that supplements these Terms. The DPA is available upon request at legal@mybamboo.ai.

6.5 Backup and Loss

You are responsible for maintaining your own backups of Customer Content. Bamboo maintains commercially reasonable backups but does not guarantee against loss.

7 Bamboo Intellectual Property

The Services, including all underlying software, models, prompt templates ("modules"), user interface, documentation, and branding, are the exclusive property of Bamboo and its licensors and are protected by intellectual property laws.

Bamboo grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription term solely for your internal business purposes (or, for Agency plans, for the benefit of your end clients). No rights are granted by implication or estoppel.

8 Third-Party Services

The Services integrate with third-party services, including but not limited to telephony providers (Twilio, Vapi), large language model providers (OpenAI, Anthropic, Google), text-to-speech providers (ElevenLabs, Cartesia), speech-to-text providers (Azure, Deepgram), vector databases, and customer integrations selected by you (such as Dutchie, Metrc, Alpine IQ, Springbig, HubSpot, Salesforce).

Your use of these services is subject to the third-party providers' own terms and policies. Bamboo is not responsible for any third-party service.

9 AI-Generated Output

The Services use artificial intelligence, including large language models, to generate spoken and written output ("AI Output"). AI Output may contain errors, omissions, hallucinations, or content that is inaccurate, incomplete, biased, or otherwise unsuitable for your purposes. Bamboo provides AI Output "AS IS" and makes no representation regarding its accuracy or fitness for any purpose.

You are responsible for reviewing AI Output before relying on it for any consequential decision, and you assume all risk associated with use of AI Output, including in interactions with your customers.

10 Service Availability

Bamboo will use commercially reasonable efforts to make the Services available 24/7, excluding planned maintenance and circumstances beyond its reasonable control. Specific service level commitments, if any, are described in a separate Service Level Agreement applicable to Enterprise customers.

Bamboo may temporarily suspend access for emergency maintenance, security reasons, or to comply with legal obligations, and will provide reasonable notice where practicable.

11 Confidentiality

Each party agrees to protect the other party's Confidential Information using the same degree of care it uses to protect its own confidential information, but no less than a reasonable standard of care, and to use Confidential Information only for purposes of performing this agreement.

"Confidential Information" means non-public information disclosed by one party to the other that is identified as confidential or that a reasonable person would understand to be confidential. Confidential Information does not include information that is publicly known, independently developed, or rightfully received from a third party without obligation of confidentiality.

12 Warranties and Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. BAMBOO DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

BAMBOO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE.

13 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
• EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO BAMBOO UNDER THESE TERMS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY

THE FOREGOING LIMITATIONS DO NOT APPLY TO: (i) CUSTOMER'S PAYMENT OBLIGATIONS; (ii) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS; OR (iii) LIABILITY THAT CANNOT BE LIMITED BY LAW.

14 Indemnification

14.1 By Customer

Customer will defend, indemnify, and hold harmless Bamboo and its officers, directors, employees, and agents from and against any claims, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• (a) Customer's breach of Section 5 (Acceptable Use), including any claim arising from outbound calling, recording without proper consent, AI-disclosure failures, or cannabis-related activity
• (b) Customer Content
• (c) Customer's violation of applicable law or third-party rights
• (d) Customer's products, services, or business operations

14.2 By Bamboo

Bamboo will defend Customer against any third-party claim alleging that the Services, as provided by Bamboo and used in accordance with these Terms, infringe a US patent, copyright, or trade secret, and will pay damages finally awarded by a court of competent jurisdiction. This obligation does not apply to claims arising from: (i) Customer Content; (ii) modifications not made by Bamboo; (iii) use in combination with non-Bamboo products; or (iv) use in violation of these Terms.

14.3 Procedure

The indemnified party must promptly notify the indemnifying party of the claim, give the indemnifying party sole control of the defense, and provide reasonable cooperation.

15 Term and Termination

These Terms remain in effect for as long as you use the Services or have an active subscription, whichever is longer.

Either party may terminate for material breach not cured within 30 days of written notice. Bamboo may suspend or terminate immediately for non-payment or for a violation of Section 5 (Acceptable Use) that poses a risk to Bamboo, other customers, or third parties.

Upon termination:

• (i) Your access to the Services will cease
• (ii) You may export your Customer Content for 30 days
• (iii) After 30 days, Bamboo may delete Customer Content
• (iv) Provisions that by their nature should survive (including Sections 6, 7, 11, 12, 13, 14, and 18) will survive

16 Beta Features

Bamboo may make pre-release or beta features available. Beta features are provided "AS IS" without warranty, may be modified or discontinued without notice, and are not subject to any service level commitments.

17 SMS Terms of Service

1. Program Description. Bamboo Metrix utilizes text messaging to send multi-factor authentication (MFA) codes, security alerts, account verification links, and password reset confirmations to registered users.
2. User Opt-In. By providing your mobile number during account registration and checking the SMS consent box, you explicitly agree to receive automated security and verification text messages from Bamboo Metrix. Consent is not a condition of purchase or account utility.
3. Message Frequency. Message frequency varies and is entirely dependent on user-initiated actions (e.g., logging in, requesting a password reset, or updating security settings).
4. Rates. Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, please contact your wireless provider.
5. Opt-Out Instructions. You can cancel the SMS service at any time. Just text "STOP" to the number you received the message from. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
6. Support Instructions. If you are experiencing issues with the messaging program you can reply with the keyword "HELP" for more assistance, or you can get help directly by contacting support at support@mybamboo.ai.

18 Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms will be resolved by binding arbitration administered by JAMS in Wilmington, Delaware, under its commercial rules, except that either party may seek injunctive relief in a court of competent jurisdiction for breach of intellectual property or confidentiality obligations. The arbitration will be conducted in English.

19 General

19.1 Entire Agreement

These Terms, together with any order forms, the DPA, and other documents expressly incorporated, are the entire agreement between the parties and supersede all prior agreements on the subject.

19.2 Modifications

Bamboo may modify these Terms by posting updated Terms at mybamboo.ai. Material changes will be communicated by email or in-app notice at least 30 days before they take effect. Continued use of the Services after the effective date constitutes acceptance.

19.3 Assignment

You may not assign these Terms without Bamboo's prior written consent. Bamboo may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

19.4 Notices

Notices to Bamboo must be sent to legal@mybamboo.ai. Notices to Customer will be sent to the email address on file for the account.

19.5 Force Majeure

Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, internet outages, or actions of carriers or third-party service providers.

19.6 Severability

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full effect.

19.7 No Waiver

Failure to enforce any provision of these Terms does not constitute a waiver.

19.8 Independent Contractors

The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, or employment relationship.

20 Contact

Questions about these Terms? Contact us at: