Terms of Service

1. Agreement

By creating an account, starting a free trial or using Saphen, you agree to these terms and our Privacy Policy. If you use Saphen for a business, you confirm you are authorized to accept these terms for that business, and “you” means the business.

2. The service

Saphen provides AI agents for businesses. The Lead Agent replies to a business's leads by email and, where enabled, text message; asks the business's questions; offers appointment times; books appointments; and alerts the business when a person should step in. Features may change over time. We will not materially reduce the core functions of a paid plan during a billing period you have paid for.

3. Accounts and eligibility

Saphen is for business use by people aged 18 or older. You are responsible for the people you invite to your account, for keeping sign-in details secure, and for all activity on your account. Tell us promptly at hello@saphen.ai if you suspect unauthorized use.

4. Free trial, subscriptions and billing

• Free trial. New businesses may start one 14-day free trial. A payment card is required. If you don't cancel before the trial ends, your subscription starts and your card is charged for the plan you chose. The trial has its own smaller usage allowance.
• Subscriptions. Plans are billed monthly in advance and renew automatically until cancelled. Payments are processed by Stripe under Stripe's terms.
• Changes. You can upgrade at any time; upgrades take effect immediately and the price difference is prorated. You can cancel at any time from the Billing page; cancellation takes effect at the end of the current billing period, and you keep access until then.
• Refunds. Fees are non-refundable except where required by law or where we say otherwise in writing.
• Price changes. We will give you at least 30 days' notice by email before a price increase takes effect for your plan.
• Taxes. Prices exclude taxes unless stated. You are responsible for applicable taxes.
• Failed payments. If a payment fails, Stripe retries it. If it still fails, we may pause messaging for your business until payment is made.

5. Plan allowances

Each plan includes monthly allowances of engaged leads, text message segments and emails, as described on our pricing page, plus a fair-use limit on AI actions per lead. We do not charge overage fees automatically. When an allowance is used up, Saphen limits that activity for the rest of the month as described on the pricing page (for example, new leads receive a short acknowledgement and are passed to you). You can upgrade at any time.

6. Your responsibilities

• Accurate information. You are responsible for the business information, questions and answers you approve. Saphen uses your approved information to reply to leads, so keep it accurate and up to date.
• Lawful use. You will use Saphen only for lawful purposes and in compliance with applicable laws, including consumer protection, privacy, anti-spam and telemarketing laws.
• Not for sensitive data. You will not use Saphen to collect or process protected health information, payment card numbers, government ID numbers or other highly sensitive information, and you will not use it for emergencies.
• Acceptable use. You will not use Saphen to send unsolicited bulk messages; to harass, deceive or impersonate anyone; to send illegal, hateful or sexually explicit content; to promote prohibited goods or services; or to probe, disrupt or reverse-engineer the service.

7. Messaging rules and consent

Saphen sends messages on your behalf, in your business's name. You agree that:

• Saphen will only message people who contacted your business or otherwise gave you permission to contact them, and texts will only go to people who gave consent to receive them.
• If you bring leads into Saphen from outside its own forms, you are responsible for having the consent required to contact them.
• Saphen will identify itself as your business's assistant, honor opt-out requests immediately, and avoid sending texts at unreasonable hours. You will not ask us to disable these protections.
• Texting for your business may require registration with mobile carriers, which may take time and requires accurate business information from you.

8. Text message program terms

These terms apply to people who receive text messages from a business through Saphen.

• Program. When you agree to receive texts from a business using Saphen, you will receive messages about your inquiry, such as follow-up questions, appointment times, confirmations and reminders.
• Calls and lead sites. If you call a business and the call is missed, or ask a business for a quote through a lead site, you may receive one text in reply. You won't receive more unless you reply.
• Frequency. Message frequency varies with your conversation and appointments.
• Cost. Message and data rates may apply.
• Opt out. Reply STOP at any time to stop receiving texts. You will receive one message confirming you have opted out.
• Help. Reply HELP for help, or contact hello@saphen.ai.
• Carriers are not liable for delayed or undelivered messages.
• Privacy. See our Privacy Policy. Mobile information is not shared with third parties or affiliates for marketing or promotional purposes.

9. AI-generated messages

Saphen uses AI to draft messages within rules you control, and checks each message before it is sent. AI can still make mistakes. You are responsible for reviewing your settings and approved information, monitoring your “Needs you” list, and taking over conversations when needed. Saphen does not provide legal, financial, medical or other professional advice.

10. Your data

You own the data you and your leads provide to Saphen (“your data”). You give us permission to host, process and transmit your data only to provide, secure and support the service, as described in our Privacy Policy. We may use de-identified, aggregated information (which cannot identify you, your business or your leads) to operate and improve Saphen. You can export or ask us to delete your data by contacting us.

11. Review, suspension and termination

We review new businesses before messaging is switched on and may decline any business. We may pause or suspend messaging for your business, or your account, if we reasonably believe you are violating these terms, your account poses a risk to recipients, carriers, our providers or Saphen, or payment has failed. Where practical, we will tell you why and give you a chance to fix the issue. You may stop using Saphen and cancel at any time. Sections that by their nature should survive termination (such as fees owed, disclaimers, limitation of liability and indemnity) will survive.

12. Third-party services

Saphen relies on third-party services such as Google Calendar, Stripe, email and text message providers, and AI model providers. Your use of a connected service, such as Google Calendar, is also subject to that provider's terms. We are not responsible for third-party services we do not control.

13. Disclaimers

Saphen is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that Saphen will be uninterrupted or error-free, that every message will be delivered, or any particular business result, such as a number of appointments or sales.

14. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of the possibility. Our total liability arising out of or relating to these terms or Saphen will not exceed the amounts you paid us for Saphen in the 12 months before the event giving rise to the claim. These limits do not apply where they are prohibited by law.

15. Indemnity

You will defend and indemnify Ringalink LLC against third-party claims arising from your data, your approved information, your messaging to people who did not give required consent, or your violation of these terms or applicable law.

16. General terms

• Changes to these terms. We may update these terms. We will post the new version here and email account owners about material changes at least 15 days before they take effect. Continuing to use Saphen after that means you accept the changes.
• Governing law. These terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules.
• Entire agreement. These terms and the Privacy Policy are the entire agreement between you and us about Saphen. If any part is unenforceable, the rest remains in effect. Our failure to enforce a term is not a waiver.
• Assignment. You may not transfer these terms without our consent. We may transfer them in connection with a merger, acquisition or sale of assets.
• Notices. We may send notices to the email address on your account. You can send notices to hello@saphen.ai.

17. Contact

Ringalink LLC · Saphen · hello@saphen.ai