Terms of Service

These Terms of Service ("Terms," "Agreement") are entered into between Cognify Insights LLC, doing business as Skite.ai ("Skite," "we," "us," or "our"), a Wyoming limited liability company and the business entity or individual accepting these Terms ("Business Client," "Client," "you," or "your"). By creating an account, starting a free trial, or otherwise accessing or using Skite's AI voice receptionist and appointment-booking service (the "Service"), you agree to be bound by this Agreement.

If you are accepting this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.

1. Definitions

• "Service" means Skite's AI-powered voice receptionist platform, including inbound call answering, AI conversational voice interaction, appointment scheduling, call transcription and summarization, the Business Client dashboard, and related features.
• "Caller" means any person who calls a phone number connected to the Service, such as a Business Client's customer, patient, or member of the public.
• "Call Data" means call audio, recordings, transcripts, metadata, and any information generated through a Caller's interaction with the Service.
• "Business Client Content" means scripts, prompts, business information, calendars, and other materials a Business Client provides or configures within the Service.
• "Subscription Term" means the billing period (monthly or annual) selected by the Business Client.
• "BAA" means a HIPAA Business Associate Agreement, executed separately from these Terms where applicable (Section 12).

2. Acceptance of Terms and Eligibility

You must be at least 18 years old and have the authority to enter into a binding contract to use the Service. The Service is intended for use by businesses and their authorized personnel, not individual consumers. By using the Service, you represent that all information you provide to Skite is accurate and that you are authorized to act on behalf of the business entity you represent.

3. The Service

3.1 Description

Skite provides an AI assistant that answers inbound phone calls on behalf of a Business Client, converses with Callers using synthesized speech, books or manages appointments, and relays call summaries and recordings to the Business Client's dashboard. Depending on configuration, outbound appointment reminders (via SMS and/or AI-generated voice calls) may also be included.

3.2 Not an Emergency Service

The Service is not designed, intended, or suited for handling medical, dental, or other emergencies. Skite's AI assistant may not reliably recognize or escalate emergency situations. Business Clients are solely responsible for ensuring their own emergency protocols (e.g., instructing Callers to dial 911, or configuring call transfer to an on-call human) are in place independently of the Service. Skite disclaims all liability arising from a Caller's failure to receive appropriate emergency care as a result of interacting with the Service.

3.3 AI Accuracy Disclaimer

Call transcripts, summaries, and appointment details generated by the Service are produced by AI systems and may contain errors, omissions, or misinterpretations — particularly for names, medical terms, addresses, and phone numbers spoken aloud. Business Clients must independently verify any AI-generated information before relying on it for scheduling, clinical, billing, or other consequential decisions. Skite is not liable for harm arising from undetected inaccuracies in AI-generated output.

3.4 Service Availability

Skite will use commercially reasonable efforts to keep the Service available, but does not guarantee uninterrupted or error-free operation. The Service depends on third-party infrastructure (Section 13) outside Skite's direct control, including telephony carriers and AI model providers, any of which may experience outages beyond Skite's control.

4. Free Trial

New Business Clients may be offered a 7-day free trial. A valid payment method must be provided at signup (processed via Stripe) to activate the trial. If you do not cancel before the trial period ends, your account will automatically convert to a paid subscription at the then-current rate for your selected plan, and your payment method will be charged. You may cancel at any time during the trial at no charge.

5. Fees, Billing, and Payment

5.1 Plans

Skite offers three subscription plans, billed monthly or at a discounted rate billed annually, each with an included monthly call-minute allowance and a per-minute overage rate for usage beyond that allowance:

Call-to-minute estimates (e.g., "~80 calls") are illustrative averages and will vary based on actual call length. Current plan pricing, included features, and overage rates are also published at the pricing page, which supersedes this table if the two ever conflict due to a pricing update under Section 5.7.

5.2 Billing and Payment Processing

All payments are processed through Stripe. By providing a payment method, you authorize Skite to charge that method for all fees due, including recurring subscription fees and metered overage, on each billing cycle. You are responsible for keeping payment information current.

5.3 Overage and Usage Charges

Call minutes beyond your plan's included allowance are billed as overage at the per-minute rate shown for your plan in Section 5.1, calculated and charged at the end of each billing cycle.

5.4 Taxes

Fees are exclusive of applicable taxes. You are responsible for any sales, use, or similar taxes associated with your subscription, other than taxes on Skite's net income.

5.5 Late or Failed Payment

If a payment fails or is not received, Skite may suspend access to the Service after providing notice, until payment is received. Skite may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by law.

5.6 Refunds

Refunds are not guaranteed and are issued, if at all, at Skite's sole discretion on a case-by-case basis. If you believe a refund or credit is warranted (for example, due to a billing error or service disruption), contact us at support@skite.ai and we will work with you in good faith to find a fair resolution.

5.7 Price Changes

Skite may change its pricing for future billing cycles with at least 30 days' notice. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.

6. Term, Renewal, and Cancellation

6.1 Term

This Agreement begins when you first accept it (including by starting a free trial) and continues until terminated as described in this section.

6.2 Auto-Renewal

Subscriptions automatically renew at the end of each Subscription Term (monthly or annual, as selected) unless cancelled before the renewal date.

6.3 Cancellation

You may cancel your subscription at any time through your dashboard or by contacting support@skite.ai. Cancellation takes effect at the end of the current billing cycle unless otherwise agreed; you will not be charged for subsequent cycles, but fees already incurred are non-refundable except as described in Section 5.6.

6.4 Effect of Termination

Upon termination, your access to the Service ends. Your data is retained and deleted according to the retention schedule described in our Privacy Policy (generally, account data within 90 days and call recordings/transcripts within 12 months of the relevant activity, subject to any longer retention required by law or an applicable BAA).

7. Phone Numbers and Telephony Provisioning

7.1 Subaccount Architecture

Skite provisions telephony services to each Business Client through a dedicated Twilio subaccount, isolated from other Business Clients. This architecture exists to contain compliance and reputational risk (such as carrier spam-filtering or fraud flags) to the account responsible for it, rather than pooling risk across all Skite customers, and to support account-level compliance obligations such as HIPAA flagging for medical/dental accounts.

7.2 Number Ownership and Porting

Phone numbers provisioned through Skite are obtained via Twilio and the underlying telecom carriers, and remain subject to their numbering policies. Skite does not sell or transfer ownership of a phone number to the Business Client. Upon termination of your account, you may request to port a number out, subject to Twilio's and the relevant carrier's porting rules, applicable porting fees, and reasonable processing time. If no porting request is made within 30 days of termination, Skite may release the number back into the carrier's general pool.

7.3 Reclaiming Inactive Numbers

Skite reserves the right to reclaim and release a provisioned number that has been inactive for an extended period or associated with an account terminated for breach of this Agreement.

8. Business Client Responsibilities

You are responsible for:

• Providing accurate business information, scripts, and configuration to the Service.
• Ensuring you have all rights and consents necessary under applicable law to have calls answered, recorded, and processed by an AI assistant — including any required Caller consent for call recording under one-party or all-party consent laws, and any required AI-interaction disclosure under applicable state or international law (see our Privacy Policy, Section 13, for examples).
• Obtaining valid prior express consent from Callers before enabling outbound appointment reminders via SMS or AI-generated voice call, consistent with TCPA and applicable telemarketing law. Skite is not responsible for verifying that such consent exists before sending reminders on your behalf.
• Complying with all professional, licensing, and industry-specific regulations applicable to your business (e.g., dental or medical practice regulations), independent of your use of the Service.
• Maintaining the confidentiality of your account credentials and promptly notifying Skite of any unauthorized use.
• Not using the Service for any unlawful, fraudulent, harassing, or abusive purpose (see Section 9).

9. Acceptable Use Policy

You may not use the Service to:

• Violate any applicable law, including telemarketing, consumer protection, or healthcare privacy law.
• Harass, defraud, or deceive any person.
• Transmit unsolicited communications in violation of the TCPA, CAN-SPAM, or similar laws.
• Attempt to reverse-engineer, disrupt, or gain unauthorized access to the Service or its underlying infrastructure.
• Use the Service to process categories of sensitive data (such as PHI) without the appropriate agreements in place (Section 12).
• Resell or white-label the Service without Skite's prior written consent.

Skite may suspend or terminate accounts that violate this policy, as described in Section 18.

10. AI-Generated Content

Call summaries, transcripts, and synthesized voice responses are generated using AI systems described in our Privacy Policy (Section 6), including OpenAI, Google Gemini, Anthropic, self-hosted models, and ElevenLabs. As between you and Skite, you own the Call Data and Business Client Content generated through your use of the Service, subject to the limited license granted to Skite in Section 11.2 to operate and improve the Service. Skite does not claim ownership of your business data or your Callers' data.

11. Intellectual Property

11.1 Skite's IP

Skite retains all right, title, and interest in the Service itself, including its software, AI models, prompts, designs, and trademarks. Nothing in this Agreement transfers ownership of Skite's intellectual property to you.

11.2 License to Operate the Service

You grant Skite a limited, non-exclusive license to use, process, and store Business Client Content and Call Data solely to provide, maintain, and improve the Service, consistent with our Privacy Policy. Skite may use aggregated or de-identified data (from which you and your Callers cannot reasonably be identified) to improve the Service's underlying AI performance.

11.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant Skite a perpetual, royalty-free license to use that feedback without restriction or obligation to you.

12. Data Privacy and HIPAA

Our collection and use of personal data, including Call Data, is described in our Privacy Policy, which is incorporated into this Agreement by reference. If your account is flagged as a medical or dental account subject to HIPAA, a separate Business Associate Agreement (BAA) governs the handling of Protected Health Information and takes precedence over this Agreement with respect to PHI in the event of a conflict. While we will try to automatically process for executing a BAA with new medical / dental Business Clients before account activation, or added upon request — we cannot guarantee that a BAA will be in place for every medical/dental account at all times. You are responsible for ensuring that your use of the Service complies with HIPAA and any other applicable healthcare privacy law, including obtaining any necessary consents from patients or Callers.

13. Third-Party Services

The Service relies on third-party providers, including Twilio (telephony), OpenAI, Google (Gemini), Anthropic, and self-hosted models (conversational AI), ElevenLabs (text-to-speech), Stripe (payments), Clerk (authentication), and Resend (email delivery). Skite is not responsible for outages, errors, or data handling practices of these providers beyond Skite's contractual arrangements with them. Your use of the Service is also subject to the applicable terms of these providers to the extent they govern your interaction with their systems.

14. Confidentiality

Each party may receive confidential information from the other in connection with this Agreement. Each party agrees to use the other's confidential information only to perform its obligations under this Agreement, and not to disclose it to third parties except as required to provide the Service (e.g., to subprocessors under confidentiality obligations), as required by law, or with the disclosing party's consent. This obligation survives termination of this Agreement.

15. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. Skite does not warrant that AI-generated output will be accurate, complete, or suitable for any particular purpose, and does not warrant that the Service is appropriate for handling medical, dental, or other emergencies (Section 3.2).

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKITE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SKITE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL SKITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations do not apply to: (a) either party's indemnification obligations under Section 17; (b) breach of confidentiality under Section 14; (c) a party's gross negligence or willful misconduct; or (d) amounts owed under Section 5 (Fees).

17. Indemnification

17.1 By Business Client

You agree to indemnify, defend, and hold harmless Skite and its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from: (a) your breach of this Agreement; (b) your violation of applicable law in connection with your use of the Service, including TCPA, telemarketing, call-recording consent, or healthcare privacy law; (c) Business Client Content you provide; or (d) a dispute between you and a Caller.

17.2 By Skite

Skite agrees to indemnify, defend, and hold harmless Business Client from third-party claims that the Service, as provided by Skite (excluding Business Client Content or third-party components), infringes a valid U.S. intellectual property right, subject to the liability cap in Section 16.

18. Suspension and Termination

Skite may suspend or terminate your access to the Service, with or without notice, if: (a) you fail to pay fees when due; (b) you breach this Agreement, including the Acceptable Use Policy; (c) your use poses a security, legal, or reputational risk to Skite or its other customers (for example, triggering carrier spam or fraud flags); or (d) required by law or a third-party provider's terms. Either party may terminate this Agreement for the other's uncured material breach following 30 days' written notice.

19. Dispute Resolution; Binding Arbitration; Class Action Waiver

19.1 Agreement to Arbitrate

Except for disputes eligible for small claims court or claims for injunctive relief to protect intellectual property or confidential information, you and Skite agree that any dispute arising out of or relating to this Agreement will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies, and whether a specific arbitration hearing location within Wyoming should be named.

19.2 Class Action Waiver

You and Skite agree that any arbitration or proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. Neither party may bring a claim as a plaintiff or class member in any purported class, collective, or representative proceeding.

19.3 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to support@skite.ai within 30 days of first accepting these Terms. If you opt out, disputes will instead be resolved under Section 20 (Governing Law and Venue).

20. Governing Law and Venue

This Agreement is governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles. For any dispute not subject to arbitration under Section 19 (including if you exercise your opt-out right), the state and federal courts located in Wyoming will have exclusive jurisdiction, and you consent to personal jurisdiction there.

21. Export Control and Compliance with Laws

You represent that you are not located in a country subject to a U.S. government embargo, and are not on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws in your use of the Service.

22. Force Majeure

Neither party is liable for delay or failure to perform an obligation under this Agreement (other than payment obligations) due to causes beyond its reasonable control, including natural disasters, acts of government, labor disputes, internet or telecommunications failures, or failures of third-party providers described in Section 13.

23. Assignment

You may not assign or transfer this Agreement without Skite's prior written consent. Skite may assign this Agreement in connection with a merger, acquisition, or sale of substantially all its assets.

24. Notices

Notices to Skite should be sent to support@skite.ai or to our registered address at 30 North Gould Street, Sheridan, WY 82801. Notices to you will be sent to the email address or business contact information associated with your account.

25. Modifications to These Terms

Skite may update these Terms from time to time. For material changes, we will provide notice (such as an email or in-dashboard notification) at least 15 days before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to a change, you may cancel your subscription before it takes effect.

26. Miscellaneous

• Entire Agreement: This Agreement, together with the Privacy Policy and any applicable BAA, constitutes the entire agreement between you and Skite regarding the Service, superseding any prior agreements.
• Severability: If any provision of this Agreement is found unenforceable, the remaining provisions remain in full effect.
• No Waiver: Failure to enforce a provision is not a waiver of the right to enforce it later.
• Independent Contractors: The parties are independent contractors; nothing in this Agreement creates a partnership, joint venture, or employment relationship.
• No Third-Party Beneficiaries: This Agreement is for the benefit of you and Skite only; Callers are not third-party beneficiaries of this Agreement.

27. Contact Us

Questions about these Terms can be directed to support@skite.ai.