Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you (“you”, “Customer”) and AMDY LLC, a New Mexico, USA limited liability company (“AMDY”, “we”, “us”), governing your access to and use of the AMDY answering-machine-detection service, software, APIs, models, dashboards, install client, and related materials (the “Service”). By creating an account, checking “I agree”, or using the Service, you accept these Terms and represent you are authorized to bind the organization you represent. If you do not agree, do not use the Service.

1. The Service

AMDY classifies the audio of answered outbound calls placed from your dialer (Vicidial, Asterisk, FreeSWITCH, or any platform connected via our API) and returns a classification (e.g. human, voicemail, carrier false-answer, honeypot) so your dialer can route the call. Detection is probabilistic and provided on a best-effort basis; there is no service-level agreement on the free Sandbox tier.

AMDY does not place, initiate, originate, route, or transmit any telephone call, and does not select or control the numbers you dial, your calling timing or frequency, the caller ID you present, or whether consent exists. You place every call using your own dialer and lists; AMDY only receives audio of a call your system has already connected and returns a classification. AMDY is not a “caller”, “telemarketer”, “sender”, or “seller” under the TCPA or the Telemarketing Sales Rule.

2. Accounts & eligibility

You must provide accurate registration information, keep your credentials and API keys secure, and are responsible for all activity under your account. You may not share, resell, or transfer your account or API keys. You are responsible for compliance with these Terms by your affiliates, employees, and contractors.

3. Billing, renewal & cancellation

• Sandbox: free, 50,000 detections per month, hard cap (detections beyond the cap are declined, not billed).
• Paid plans: a monthly base billed in advance plus per-detection overage at the plan’s published rate billed in arrears.
• Paid subscriptions auto-renew for successive one-month terms at the then-current published rate unless you cancel before the term ends, via your dashboard or [email protected]. Cancellation stops the next renewal; it does not refund base fees already paid for the current term except under the money-back guarantee.
• 30-day money-back guarantee on a customer’s first paid plan (base fees only; overage is non-refundable).
• We may change pricing on at least 30 days’ notice; changes take effect at your next renewal. Prices are exclusive of taxes (VAT/GST/sales tax), which are your responsibility.

4. Intellectual property & restrictions

The Service and all of its components — including our detection models, model weights, algorithms, classifiers, training methods, software, APIs, install client, dashboards, documentation, and the underlying technology and know-how — are the exclusive property of AMDY and are protected by intellectual-property and trade-secret law. We grant you only a limited, non-exclusive, non-transferable, revocable license to use the Service for your own outbound-calling operations during your subscription.

You will not, and will not permit or assist any third party to:

• copy, reproduce, republish, or create derivative works from the Service, its models, software, or technology;
• reverse engineer, decompile, disassemble, probe, or otherwise attempt to discover or extract the source code, model weights, architecture, feature set, thresholds, training data, or methods of the Service;
• use the Service, its outputs, classifications, or any data derived from it to build, train, fine-tune, evaluate, or improve any competing product, dataset, or answering-machine-detection / audio-classification model;
• install, connect to, or evaluate the Service and then use that access, the install client, the API behavior, the responses, or the classifications to design, develop, replicate, or train your own or a third party’s answering-machine-detection or call-classification technology — whether during or after your subscription;
• log, store, aggregate, label, or compile classifications or input-output pairs for the purpose of, or in a manner that could enable, training, fine-tuning, evaluating, or benchmarking any such model;
• resell, sublicense, rent, lease, host, or provide the Service to a third party, or use it as a service bureau, without a separate written Partner agreement;
• scrape or harvest the Service, or publish benchmarks, accuracy comparisons, or performance claims about it, without our prior written consent;
• remove, obscure, or alter any proprietary notices; or circumvent usage limits, rate limits, authentication, or other technical protections.

Outputs. As between the parties, AMDY owns all right, title, and interest in the classifications, scores, and other outputs of the Service and in any data or datasets derived from them. You receive a limited license to use classifications solely to route and manage your own calls in real time. Our detection models and methods are AMDY trade secrets, protected through reasonable measures including access controls, encryption in transit, authentication, and these contractual restrictions. If you give us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

5. Equitable relief

You acknowledge that AMDY’s models, model weights, methods, thresholds, and the other items identified in Section 4 are unique trade secrets, that any actual or threatened breach of Section 4 or Section 10 would cause AMDY irreparable harm for which monetary damages would be inadequate, and that AMDY is therefore entitled to seek temporary, preliminary, and permanent injunctive relief and specific performance to enforce those Sections, without the necessity of posting a bond or proving actual damages, in addition to any other remedy available at law or in equity.

6. Acceptable use

You may not use the Service for any abusive, fraudulent, deceptive, or illegal calling campaign, or in any way that violates law or third-party rights. You represent and warrant that, for every call whose audio you submit, you have a lawful basis and any required prior express (including written) consent. You will not use the Service to facilitate calls to Do-Not-Call-listed numbers absent an exception, calls without required consent, campaigns exceeding the FTC/FCC 3% abandoned-call limit, spoofed or non-compliant caller ID, calls outside permitted hours, or calls to numbers you know or should know are reassigned, litigator, or honeypot numbers. We may suspend immediately, without cure, for a suspected violation.

7. Indemnification

You will defend, indemnify, and hold harmless AMDY, its affiliates, and their officers, employees, and agents from and against any third-party claim, demand, suit, investigation, regulatory proceeding, damages, penalty, fine, settlement, and reasonable attorneys’ fees arising out of or relating to: (a) the calls you place, the numbers, lists, scripts, or campaigns you dial, or their content; (b) your violation or alleged violation of the TCPA, the Telemarketing Sales Rule, the FCC/FTC abandoned-call rules, any state telemarketing law, Do-Not-Call, consent, or caller-ID/STIR-SHAKEN requirements; (c) your breach of Section 4, 6, 9, or 10; (d) your misappropriation or infringement of AMDY’s intellectual property or trade secrets; or (e) your use of any classification or output in your calling decisions. AMDY may assume the exclusive defense of any indemnified matter at your expense, and you will cooperate. These obligations survive termination and are not subject to Section 12.

8. Compliance disclaimer — not legal advice

AMDY is a detection tool, not a law firm. Nothing in the Service, our documentation, blog, pricing or comparison pages, sales conversations, or AI assistant is legal advice, and we do not guarantee compliance with the TCPA, the Telemarketing Sales Rule, the FCC/FTC abandoned-call rules, GDPR, HIPAA, or any other law or regulation. Accurate detection can help you operate a compliant program, but you are solely responsible for your calling practices, including consent, internal and national Do-Not-Call scrubbing, calling-time restrictions, caller-ID requirements, and record-keeping, and you should confirm your obligations with your own counsel. Any statement we make about legal compliance, regulatory outcomes, audit results, abandoned-call rates, or accuracy — wherever it appears — is general marketing information, not a representation, warranty, or guarantee; you have not relied and will not rely on any such statement, and none modifies these Terms or creates any express warranty. Classifications are probabilistic, may be wrong, and must not be used as your sole compliance control.

9. No PHI without a BAA

The Service is not offered as HIPAA-compliant by default and is not configured to receive Protected Health Information (PHI). You will not submit PHI to the Service unless you and AMDY have first executed a written Business Associate Agreement. Submitting PHI without one is a breach of these Terms, and you will indemnify AMDY for any resulting claim.

10. Confidentiality & trade secrets

“Confidential Information” means all non-public information disclosed by AMDY, including the Service’s models, model weights, architecture, feature sets, thresholds, training methods and data, source code, security measures, accuracy and performance data, and pricing, whether or not marked. It excludes information you can document is or becomes public through no fault of yours, was rightfully known to you before disclosure, is independently developed without use of AMDY’s Confidential Information, or is rightfully obtained from a third party. You will (a) use it solely to use the Service as licensed; (b) protect it with at least reasonable care; (c) limit access to personnel with a need to know who are bound by written confidentiality obligations; and (d) on termination, return or destroy it. Your confidentiality and trade-secret obligations survive for so long as the information remains confidential or a trade secret under applicable law, which for AMDY’s models, weights, methods, and thresholds is expected to be indefinite.

11. Data processing

Where you are a controller of personal data and AMDY processes it on your behalf, AMDY acts as your processor and, for purposes of the CCPA/CPRA, your service provider: it processes personal data only on your documented instructions, keeps it confidential, applies reasonable security, assists you with data-subject requests and breach notification, uses sub-processors only as described in our Privacy Policy with equivalent obligations, and returns or deletes the data on termination. AMDY does not sell or share personal information and will not retain, use, or disclose it for any purpose other than performing the Service. International transfers, where required, are made under appropriate safeguards (such as the EU Standard Contractual Clauses and the UK IDTA). See our Privacy Policy.

12. Warranties & disclaimer

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Detection is probabilistic; we do not warrant that classifications will be error-free or uninterrupted, or that any specific accuracy or business outcome will be achieved. Any accuracy, latency, or performance figure we publish (including any “99%” or “under 200 ms” figure) describes typical results under our internal test conditions, is an estimate, and is not a warranty or guarantee of any result for your traffic.

13. Limitation of liability

To the maximum extent permitted by law, AMDY will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability for any claim arising out of or relating to the Service will not exceed the fees you paid to AMDY in the three (3) months before the event giving rise to the claim. The exclusions and cap in this Section do not apply to your breach of Section 4 or Section 10, your infringement or misappropriation of AMDY’s intellectual property or trade secrets, or your indemnification obligations under Section 7.

14. Dispute resolution — arbitration & class waiver

Please read this section carefully — it affects how disputes are resolved. (a) Before filing any claim, the parties will try in good faith to resolve it for 30 days after written notice to [email protected]. (b) Except as in (d), any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by a single arbitrator, seated in New Mexico. (c) ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL. (d) Either party may bring an individual action in small-claims court, and AMDY may seek injunctive or equitable relief in court to protect its intellectual property, Confidential Information, or trade secrets. (e) Any claim must be filed within one (1) year after it accrues, or it is permanently barred.

15. Term & termination

You may stop using the Service at any time. We may suspend or terminate access for breach of these Terms, and on termination your license ends. Sections 4 (IP), 5 (Equitable relief), 7 (Indemnification), 8–14 (Compliance, BAA, Confidentiality, Data processing, Warranties, Liability, Dispute resolution), 16 (General), 17 (Governing law), and any accrued payment obligations survive termination. We may preserve data under a legal hold notwithstanding a deletion request.

16. General

(a) Assignment. You may not assign these Terms (including by change of control) without AMDY’s consent; AMDY may assign; these Terms bind successors and permitted assigns. (b) Force majeure. Neither party is liable (other than for payment) for delay caused by events beyond its reasonable control, including carrier, internet, cloud, or denial-of-service events. (c) Entire agreement; no reliance. These Terms (and any signed order, which controls in conflict) are the entire agreement and supersede all prior or contemporaneous statements, including marketing materials, accuracy and performance claims, and pricing pages, none of which is a warranty; you have not relied on any statement not set out here. (d) No modification except in a writing or click-acceptance by both parties. (e) Severability: an unenforceable provision is reformed to the minimum extent necessary and the rest remains in effect. (f) No waiver of a right is implied by any failure to enforce it. (g) Notices to AMDY: [email protected]; to you: your account email. (h) You will comply with applicable export-control and sanctions laws.

17. Changes; governing law & venue

We may update these Terms; material changes take effect when posted with an updated version and effective date, and continued use constitutes acceptance. These Terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-laws rules; the U.N. Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 14, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New Mexico and waive any objection to that forum. Notwithstanding the foregoing, AMDY may seek injunctive or equitable relief to protect its intellectual property, Confidential Information, or trade secrets in any court of competent jurisdiction.

18. Contact

Questions about these Terms or a negotiated enterprise agreement: [email protected].