Terms of Service

Effective Date: March 6, 2026 — Last Updated: April 5, 2026

These Terms of Service ("Terms") govern your access to and use of the Phoney mobile application and related services (collectively, the "Service"), operated by Stav Ashuri ("we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of Service

Phoney is an AI-powered phone call automation service. You provide task details (such as appointment information, phone numbers, and instructions), and Phoney places phone calls on your behalf using artificial intelligence to conduct the conversation. The Service processes the call in real time and reports the outcome back to you.

2. Eligibility

You must be at least 18 years old to use the Service. By using Phoney, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

3. Account Registration

To use the Service, you must create an account using a valid email address and password, or by signing in through Google or Apple. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

4. Acceptable Use

You agree to use the Service only for lawful purposes. You shall NOT use Phoney to:

• Make spam or unsolicited calls. You may only place calls to numbers and parties you have a legitimate reason to contact (e.g., scheduling your own appointments, making your own reservations).
• Harass, threaten, or intimidate any person or entity.
• Impersonate another person or misrepresent your identity or affiliation with any person or entity in a deceptive or fraudulent manner.
• Engage in fraud, scams, or deception of any kind, including but not limited to phishing, social engineering, or obtaining information under false pretenses.
• Violate any applicable law or regulation, including but not limited to the Telephone Consumer Protection Act (TCPA), telemarketing regulations, wiretapping and call recording laws, or any other federal, state, or local laws.
• Place calls for illegal purposes, including but not limited to making threats, conducting illegal transactions, or furthering any criminal activity.
• Attempt to circumvent, disable, or interfere with the security or technical features of the Service.
• Use the Service to place excessive or abusive calls that disrupt businesses or individuals.

5. Your Responsibility for Calls

You are solely responsible for all calls placed through the Service using your account. When you instruct Phoney to make a call, you are directing an AI agent to act on your behalf. You acknowledge that:

• You are the initiator and principal behind every call placed through your account. Phoney acts as your agent and is not independently responsible for the content or legality of calls you direct.
• You must have a legitimate personal reason for each call (e.g., scheduling your own appointment, making your own reservation). You may not use Phoney to place calls on behalf of third parties, for commercial solicitation, or for any purpose you do not have authority to pursue.
• You are responsible for compliance with all applicable laws in your jurisdiction, including the Telephone Consumer Protection Act (TCPA), the FTC's Telemarketing Sales Rule, state telemarketing laws, and any applicable call recording or wiretapping laws. Some states require all-party consent for call recording — it is your responsibility to determine whether notification or consent is required before placing a call.
• You may only call numbers you have a legitimate personal reason to contact. You may not use Phoney to call numbers on the National Do Not Call Registry for solicitation purposes, or to harass or repeatedly contact any person or business.
• You are responsible for ensuring the accuracy of all information you provide for tasks (phone numbers, names, dates, instructions, etc.).
• The AI may not perform perfectly in all situations. Call outcomes may not always match your expectations. We are not liable for missed appointments, failed reservations, or other consequences of call outcomes.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Any warranty that the Service will be uninterrupted, error-free, or completely secure.
• Any warranty regarding the accuracy, reliability, or completeness of AI-generated conversations or call outcomes.
• Any warranty that the Service will meet your specific requirements or expectations.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STAV ASHURI, PHONEY, OR ANY OF ITS AFFILIATES, OFFICERS, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to:

• Loss of profits, data, use, goodwill, or other intangible losses.
• Damages arising from missed appointments, failed reservations, or incorrect information conveyed during calls.
• Damages arising from unauthorized access to or alteration of your data.
• Damages arising from any third party's actions or conduct in connection with the Service.
• Any other damages arising out of or related to your use of the Service.

Our total cumulative liability to you for any and all claims arising from or related to the Service shall not exceed the amount you have paid us in the twelve (12) months preceding the claim, or fifty dollars ($50), whichever is greater.

8. Indemnification

You agree to indemnify, defend, and hold harmless Stav Ashuri, Phoney, and its affiliates, officers, agents, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service or any calls placed through your account.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any rights of a third party.
• Any content or information you provide to the Service.

9. Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or our Acceptable Use policy.
• Engaging in activity that we reasonably believe to be fraudulent, abusive, or harmful.
• Non-payment of any fees, if applicable.
• At our sole discretion, for any reason or no reason.

Upon termination, your right to use the Service will immediately cease. We may delete your account data in accordance with our Privacy Policy.

10. Intellectual Property

The Service, including its design, features, code, and content (excluding user-provided data), is the property of Stav Ashuri and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

11. Third-Party Services

The Service relies on third-party providers for telephony (Twilio), AI processing (Anthropic), speech processing (Deepgram), authentication (Google, Apple), and hosting (AWS). We are not responsible for the availability, performance, or policies of these third-party services. Your use of the Service is also subject to the terms and policies of these providers.

12. Feedback and Service Improvement

The Service includes optional features that allow you to submit feedback about your experience, including free-text comments and screenshots. When you choose to submit feedback, you grant us permission to review the submitted feedback along with associated data from the related task — including task details you provided, the call transcript, and the call outcome — solely for the purpose of improving the Service.

Submitting feedback is entirely voluntary. You may use the Service without ever submitting feedback. Feedback data is reviewed only by our internal team and is never sold, shared with third parties, or used for advertising purposes. Our collection and use of this data is described in our Privacy Policy.

13. Modifications to Terms

We may revise these Terms at any time by posting the updated version on the Service. Material changes will be communicated through the app or by email. Your continued use of the Service after any changes constitutes acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using the Service.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in California. You consent to the personal jurisdiction of such courts.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

16. Contact Us

If you have questions about these Terms of Service, please contact us at:

Phoney
Email: support@phoneyapp-ai.com