DRAFT — pending legal review. These documents are not final and are not yet in effect. Questions: privacy@torklio.com
Terms of Service
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SOURCE: Torklio Interim Legal Package v1.0 (owner-prepared interim draft, 2026-09-03). DRAFT - attorney review required; bracketed [FIELDS] must be completed and every statement verified against production before any effective date is set. Loaded into the legal center 2026-09-03.

Terms of Service

Business subscription terms for the Torklio service

PUBLICATION CONTROL  Effective date: [PUBLICATION DATE]. Replace all red bracketed fields and verify the text against production before publication. Internal status: attorney review required.



1. Agreement and eligibility

These Terms of Service (the "Terms") are a binding agreement between Torklio LLC ("Torklio," "we," "us," or "our") and the business or organization accepting these Terms ("Customer," "you," or "your"). These Terms govern access to and use of Torklio's websites, applications, telephone and messaging services, dashboards, integrations, support, and related services (collectively, the "Service").

By clicking to accept, signing an order form, creating an account, or using the Service, you represent that you have authority to bind Customer and that Customer agrees to these Terms, the Privacy Policy, Acceptable Use Policy, and any order form or addendum that expressly applies. If you lack that authority or do not agree, do not use the Service.

The Service is offered for lawful business use in the United States. You must be at least 18 years old and capable of entering a binding contract. Torklio may require eligibility review before activation and may deny or delay activation when an industry, use case, identity, or compliance status is unclear.

2. The Service

Torklio provides an AI-assisted front desk that may answer inbound calls, operate website chat or booking experiences, collect contact and service-request information, help schedule, reschedule, or cancel appointments, create summaries and customer records, route or transfer interactions, and connect with communications, calendar, email, payment, and other third-party services. Available features depend on the plan, configuration, location, provider availability, and eligibility status.

Torklio may update the Service, models, interfaces, providers, safeguards, and feature availability. We will not materially expand our use of Customer Content in a way inconsistent with the then-current Privacy Policy without providing notice and obtaining any consent required by law.

2.1 Artificial intelligence

The Service uses artificial intelligence and automated systems. AI-generated statements may be incomplete, inaccurate, delayed, or inappropriate for a particular situation. The Service does not exercise professional judgment and is not a substitute for a person where human review is legally required or reasonably necessary. Customer must configure escalation paths and review material outputs before relying on them for consequential decisions.

Customer may not configure the Service to claim that an AI is a human, conceal a required AI disclosure, impersonate a real person without authorization, or mislead a caller about the nature or capabilities of the Service.

2.2 Appointments and business transactions

Torklio is a communications and scheduling tool, not a party to any appointment, service contract, estimate, purchase, or transaction between Customer and an end user. An appointment is not guaranteed merely because a caller requests a time. Customer controls its availability, services, durations, prices, policies, staff, locations, and acceptance of appointments.

Customer must keep connected calendars and business settings accurate and must review exceptions and alerts. Connected calendar, network, or provider failures may prevent, delay, duplicate, or alter a requested action. Customer is responsible for resolving scheduling conflicts and communicating material corrections to affected end users.

2.3 Human escalation and emergencies

Customer must provide accurate escalation contacts and decide when a person should take over. Torklio is not an emergency service, public-safety answering point, crisis line, dispatch guarantee, or substitute for 911. Customer must not advertise or configure Torklio as a guaranteed way to obtain emergency assistance.

3. Accounts, configuration, and security

Customer is responsible for its accounts, users, credentials, devices, instructions, uploaded materials, integration permissions, and all activity under its account. Customer must use accurate registration information, protect credentials, promptly remove unauthorized users, and notify Torklio at security@torklio.com of suspected unauthorized access.

Customer is responsible for testing its configuration before live use, including greetings, AI disclosure, recording settings, hours, services, prices, calendar access, appointment rules, routing, transfers, emergency language, and fallback behavior. Customer may not attempt to bypass eligibility, safety, billing, rate-limit, authentication, tenant-isolation, monitoring, or usage controls.

4. Customer responsibilities

Customer is responsible for the lawfulness and accuracy of its business instructions, Customer Content, communications, data collection, recording practices, and use of the Service. Without limiting that responsibility, Customer will:

provide accurate and current business information, availability, policies, pricing, disclosures, and escalation contacts;

obtain and document all notices, permissions, and consents required for calls, recordings, transcriptions, automated communications, email, and text messaging;

honor opt-outs, privacy requests, communication preferences, and requests for human assistance;

use the Service only for the business and purposes approved by Torklio;

avoid submitting prohibited or unnecessary sensitive information;

maintain reasonable independent business-continuity and customer-contact procedures; and

comply with the Acceptable Use Policy and applicable laws, regulations, professional rules, and carrier or platform requirements.

5. Communications, recording, and consent

Calls and messages handled by the Service may involve AI providers, telecommunications carriers, speech services, and other subprocessors. Customer authorizes Torklio to process communications as instructed and acknowledges that some jurisdictions require notice or consent from every participant before recording or transcription.

Customer may not enable recording or transcription unless the deployed disclosure and consent flow is appropriate for the intended jurisdictions and use. Torklio may require a standardized disclosure, disable recording or messaging, preserve consent evidence, or suspend a configuration that creates material compliance risk.

SMS and outbound automated calling may be unavailable unless Torklio expressly enables them. Customer must not send or cause Torklio to send marketing or automated communications without the legally required consent. Transactional consent must not be treated as consent for unrelated marketing. Customer must immediately honor revocation by any reasonable channel and may not message a suppressed recipient except as legally permitted.

6. Restricted and prohibited uses

Customer will not use the Service for healthcare or protected health information, emergency services, unlawful surveillance, deceptive impersonation, harassment, discrimination, illegal content, professional advice, high-impact eligibility decisions, or any other prohibited activity described in the Acceptable Use Policy. Torklio may impose conditions on regulated industries or require manual review.

Customer will not ask Torklio to collect or repeat full payment-card numbers, card security codes, passwords, Social Security numbers, government identification numbers, bank-account credentials, authentication secrets, medical information, or other data prohibited by Torklio. Payments must use an approved hosted or tokenized payment flow.

7. Customer Content and data

As between the parties, Customer retains its rights in information, instructions, files, recordings, transcripts, messages, contacts, appointments, and other content submitted to or generated for Customer through the Service ("Customer Content"). Customer grants Torklio a nonexclusive, worldwide, limited license to host, transmit, reproduce, transform, and otherwise process Customer Content only as reasonably necessary to provide, secure, maintain, support, and comply with law regarding the Service.

Customer represents that it has sufficient rights and lawful authority to provide Customer Content and instruct Torklio to process it. Torklio may generate aggregated or deidentified information that cannot reasonably identify Customer or an individual and may use that information for security, reliability, analytics, and service improvement, subject to applicable law.

Torklio does not sell Customer Content. Torklio does not itself use Customer Content to train a general-purpose AI model unless Customer expressly authorizes that use after receiving a specific disclosure. Third-party providers process data according to their applicable contracts, policies, and Torklio's configured services; Customer should review the current Subprocessor List.

8. Privacy and data processing

The Privacy Policy describes Torklio's handling of personal information. When Torklio processes personal information on Customer's behalf, the Data Processing Addendum applies. Customer is responsible for providing end users with legally required privacy notices and responding to rights requests when Customer determines the purposes and means of processing.

Google user data is subject to additional provider restrictions. Torklio's use and transfer of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

9. Third-party services

The Service may depend on third-party telecommunications, AI, speech, email, calendar, payment, cloud, and identity services. Customer authorizes Torklio to use the providers listed in the Subprocessor List. Third-party services may change, fail, delay, limit, suspend, or discontinue functionality. Torklio is not responsible for third-party products outside its reasonable control, but will use commercially reasonable efforts to manage integrations and communicate material service impacts.

Customer's use of a connected third-party account remains subject to that provider's terms. Customer is responsible for maintaining required licenses, permissions, credentials, and account standing.

10. Fees, billing, and taxes

Fees, included usage, overages, billing dates, renewal, cancellation, and refund terms are stated in the applicable checkout page or order form (the "Order Form"). Current pricing, the 7-day free trial, monthly renewal, and cancellation are stated at torklio.com/pricing and in the checkout, which together serve as the Order Form unless a separate order form is signed. Refunds: 7-day money-back guarantee - if you are not satisfied, request a refund at support@torklio.com within 7 days of your first paid charge and we will refund that charge in full to the original payment method. Renewal charges are otherwise nonrefundable; cancelling stops future charges and access continues through the end of the paid period, except where applicable law requires otherwise. If these Terms conflict with an Order Form, the Order Form controls only for the specific commercial terms it expressly changes.

Customer authorizes Torklio and its payment processor to charge the selected payment method for amounts due. Customer is responsible for applicable taxes other than taxes on Torklio's net income. Torklio may suspend paid features after reasonable notice of an overdue, disputed, expired, or failed payment, subject to applicable law.

11. Intellectual property and feedback

Torklio and its licensors retain all rights in the Service, software, interfaces, documentation, models, prompts, workflows, designs, trademarks, and technology, excluding Customer Content. No rights are granted except the limited right to use the Service during the subscription in accordance with these Terms.

If Customer voluntarily provides ideas or feedback, Customer grants Torklio a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without identifying Customer or disclosing Customer Confidential Information.

12. Confidentiality

Each party may receive nonpublic information that is identified as confidential or should reasonably be understood to be confidential. The receiving party will use it only to perform or exercise rights under the agreement, protect it with reasonable care, and disclose it only to personnel and providers who need it and are bound by appropriate confidentiality duties. Confidential Information excludes information lawfully known without restriction, independently developed, publicly available without breach, or lawfully received from another source. Required legal disclosures are permitted after notice when legally allowed.

13. Suspension and termination

Torklio may suspend or restrict the Service when reasonably necessary to address a security incident, unlawful or unsafe use, material policy violation, payment failure, provider restriction, threat to another customer, or legal obligation. When practical, Torklio will provide notice and an opportunity to cure.

Either party may terminate as permitted by the Order Form. Upon termination, Customer's access ends and Torklio may delete Customer Content according to the Privacy Policy, Data Processing Addendum, configured retention, backup cycles, and legal obligations. Customer should export needed information before termination and may request a reasonable export through support@torklio.com.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TORKLIO DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TORKLIO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, LEGALLY SUITABLE FOR EVERY CUSTOMER, OR THAT AI OUTPUTS, TRANSCRIPTS, MESSAGES, APPOINTMENTS, OR THIRD-PARTY INTEGRATIONS WILL ALWAYS BE ACCURATE, COMPLETE, DELIVERED, OR AVAILABLE.

Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded. Customer is responsible for evaluating whether the Service is suitable for its industry, jurisdictions, customers, and intended use.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITIES, OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TORKLIO'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS CUSTOMER PAID TO TORKLIO FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS. THESE LIMITATIONS APPLY TO ALL THEORIES OF LIABILITY AND DO NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

16. Indemnification

Customer will defend, indemnify, and hold harmless Torklio and its officers, personnel, and affiliates from third-party claims, damages, penalties, costs, and reasonable attorneys' fees arising from Customer Content, Customer's business instructions or services, Customer's violation of the Acceptable Use Policy, Customer's failure to obtain legally required consent, or Customer's unlawful or unauthorized use of the Service. Torklio will promptly notify Customer of a covered claim and provide reasonable cooperation. Customer may not settle a claim in a manner that admits fault by or imposes obligations on Torklio without Torklio's written consent.

17. Changes

Torklio may update these Terms. For material changes, Torklio will provide reasonable notice through the Service, email, or another appropriate channel and will request renewed acceptance when required. Changes apply prospectively from the stated effective date. Continued use after a non-material update takes effect constitutes acceptance where permitted by law.

18. Disputes and governing law

Before filing a formal claim, each party will provide written notice describing the dispute and allow at least 30 days for good-faith informal resolution. Notices to Torklio must be sent to legal@torklio.com and Torklio LLC, 701 South Street, Suite 100, Mountain Home, AR 72653.

These Terms are governed by the laws of the State of Arkansas, without regard to conflict-of-law principles. The state and federal courts located in Baxter County, Arkansas will have exclusive jurisdiction, and each party consents to venue there. [ATTORNEY TO REVIEW ARBITRATION, JURY-WAIVER, AND CLASS-ACTION OPTIONS BEFORE ADDITION.] Nothing prevents either party from seeking emergency injunctive relief for misuse of intellectual property, confidential information, or systems.

19. General

The agreement consists of these Terms, the Order Form, Privacy Policy, Acceptable Use Policy, Data Processing Addendum, applicable addenda, and documents expressly incorporated by reference. It is the entire agreement concerning the Service and supersedes prior proposals on that subject. Customer may not assign the agreement without Torklio's written consent, except in connection with a permitted merger or sale of substantially all assets. Torklio may assign the agreement as part of a reorganization, financing, merger, acquisition, or sale of assets. Neither party is liable for delay caused by events beyond reasonable control. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder remains effective. Failure to enforce a provision is not a waiver. Electronic acceptance and signatures are binding.

20. Contact

Torklio legal notices: Torklio LLC, 701 South Street, Suite 100, Mountain Home, AR 72653, legal@torklio.com. Support: support@torklio.com.

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