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Terms of Service

Last Updated: 05/10/2026

Gensail Inc. ("Gensail," "we," "us," or "our") provides its services through our website located at www.gensail.com (the "Site") and through related software, applications, AI-powered voice agents, call handling tools, analytics, workflow automation features, and related services, collectively referred to as the "Services."

Please read these Terms of Service carefully. These Terms contain important information about your legal rights, including an agreement to arbitrate disputes and limitations on liability.

By accessing or using the Services, creating an account, executing an Order Form, or otherwise agreeing to use Gensail, you agree to be bound by these Terms.

1. Eligibility & Acceptance

If you are entering into these Terms on behalf of a company, practice, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity and its affiliates to these Terms.

If you do not have such authority, or if you do not agree to these Terms, you may not access or use the Services.

You must be at least 13 years old to use our Services. If you are under 18, you may use the Services only with the consent of a parent or legal guardian.

2. Account Registration & Security

You may be required to register with Gensail to access certain features of the Services. You agree to provide true, accurate, current, and complete information and to update it as needed.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

  • Immediately notify Gensail of any unauthorized use of your account
  • Use reasonable security practices to protect account access
  • Properly log out at the end of each session where applicable

Gensail is not liable for losses arising from your failure to comply with these obligations.

3. Services & Modifications

The Services are designed to provide AI-powered receptionist, call handling, call analytics, and workflow automation solutions for healthcare, dental, and related business providers.

The Services may include, without limitation:

  • AI voice agents
  • Inbound call handling
  • Overflow and after-hours call support
  • Call summaries and transcripts
  • Workflow automation
  • Scheduling support
  • Analytics, reporting, and operational insights
  • Integrations with third-party systems

Gensail reserves the right to modify, enhance, suspend, or discontinue the Services, or any part of the Services, at any time without liability, provided that such changes do not materially reduce the core functionality of paid Services during an active subscription term unless required for security, legal, technical, or operational reasons.

4. User Conduct

You are solely responsible for all content, data, instructions, prompts, recordings, files, or other materials you upload, transmit, submit, or otherwise use through the Services.

You agree not to use the Services to:

  • Upload infringing, unlawful, or unauthorized content
  • Distribute malware, viruses, or malicious code
  • Engage in spam, robocalling, unlawful advertising, or unauthorized communications
  • Harass, threaten, abuse, or deceive any person
  • Violate applicable laws, rules, or regulations
  • Attempt to gain unauthorized access to the Services or related systems
  • Interfere with or disrupt the Services
  • Reverse engineer, copy, scrape, or misuse the Services
  • Use the Services in a way that is fraudulent, abusive, excessive, or inconsistent with their intended purpose

We reserve the right to suspend, limit, or terminate accounts for violations of these Terms.

5. Fees & Payments

If any Services are offered for a fee, you agree to pay all fees in accordance with the applicable pricing plan, invoice, Order Form, statement of work, subscription agreement, or other written agreement between you and Gensail.

Subscription plans, usage allowances, included minutes, overage rates, billing terms, and payment obligations may be described in an applicable Order Form, invoice, pricing page, statement of work, or separate subscription agreement.

If there is a conflict between these Terms and an executed Order Form, statement of work, or written subscription agreement, the Order Form, statement of work, or written subscription agreement will control for the applicable Services.

We reserve the right to change fees or billing terms with advance notice, unless otherwise stated in an applicable Order Form or written agreement.

Unpaid invoices may incur finance charges, late fees, suspension of Services, or collection costs. You are responsible for all applicable taxes, other than taxes based on Gensail's net income.

6. Usage Limits, Fair Usage & Overage Fees

Certain Gensail subscription plans may be described as including "unlimited calls." Unless otherwise stated in an applicable Order Form, pricing plan, invoice, or written agreement, "unlimited calls" means unlimited call events subject to Gensail's fair usage policy.

For plans that include unlimited calls, fair usage includes up to 250 voice minutes per monthly billing period.

Usage above the fair usage threshold may be subject to additional usage-based fees, plan review, service throttling, temporary limits, or a required upgrade to a higher usage plan.

Gensail will use commercially reasonable efforts to notify Customer if usage materially exceeds the applicable fair usage threshold. Continued use of the Services after exceeding the applicable threshold may result in additional charges, provided such charges are disclosed in the applicable Order Form, invoice, pricing plan, or written notice.

Gensail reserves the right to determine whether usage is excessive, abusive, fraudulent, unusually high, non-business related, or inconsistent with normal and intended use of the Services.

Examples of prohibited or abnormal usage may include, but are not limited to:

  • Automated call flooding
  • Spam or fraudulent calls
  • Artificially generated call volume
  • Non-business use
  • Attempts to resell or redistribute the Services without authorization
  • Usage intended to circumvent applicable plan limits
  • Use that materially increases Gensail's costs or degrades system performance

Gensail may limit, suspend, or adjust access to the Services where usage violates this section or otherwise threatens the security, reliability, availability, or integrity of the Services.

7. Intellectual Property

The Services, including all software, technology, AI workflows, interfaces, designs, features, functionality, documentation, analytics, models, templates, and related content, are owned by Gensail and its licensors.

You may not copy, distribute, modify, reproduce, reverse engineer, decompile, scrape, resell, or create derivative works from the Services without our prior written authorization.

The Gensail name, logo, and related marks are trademarks of Gensail Inc. All rights not expressly granted are reserved.

You retain ownership of content, data, and materials you upload or provide to the Services. You grant Gensail a worldwide, royalty-free, sublicensable license to use, host, process, transmit, display, and analyze such content solely as necessary to provide, maintain, secure, support, and improve the Services.

8. Customer Data, Call Recordings & AI Outputs

The Services may process customer data, call recordings, transcripts, call summaries, metadata, analytics, and other information provided by or on behalf of Customer.

You are responsible for ensuring that you have all necessary rights, consents, notices, and permissions required to submit, record, process, and use such data through the Services.

AI-generated outputs, including call summaries, transcripts, recommendations, classifications, and analytics, may contain errors, omissions, or inaccuracies. You are responsible for reviewing and validating outputs before relying on them for operational, business, clinical, legal, billing, or compliance decisions.

Gensail does not provide medical, legal, billing, or professional advice. The Services are intended to support business operations and workflow automation and are not a substitute for professional judgment.

9. Third-Party Services

The Services may contain links to, integrate with, or rely on third-party websites, platforms, telephony providers, software systems, payment processors, AI providers, calendar systems, practice management systems, electronic health record systems, or other third-party services.

Gensail is not responsible for the content, availability, practices, performance, downtime, errors, or security of third-party services.

Your use of third-party services may be subject to separate terms, policies, and fees imposed by those third parties.

10. Privacy

Your use of the Services is also subject to our Privacy Policy.

By using the Services, you acknowledge that Gensail may collect, use, store, and process information as described in our Privacy Policy.

11. HIPAA & Regulated Data

To the extent Customer is a covered entity or business associate under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations ("HIPAA"), and Gensail is required to create, receive, maintain, or transmit protected health information on Customer's behalf, the parties may enter into a separate Business Associate Agreement.

In the event of a conflict between these Terms and an executed Business Associate Agreement, the Business Associate Agreement will control solely with respect to protected health information and HIPAA-related obligations.

Customer is responsible for determining whether its use of the Services complies with HIPAA and any other applicable healthcare, privacy, telemarketing, call recording, or data protection laws.

12. Termination

We may suspend, limit, or terminate your account or access to the Services at any time, with or without cause, including for:

  • Nonpayment
  • Violation of these Terms
  • Excessive, abusive, fraudulent, or abnormal usage
  • Attempts to circumvent plan limits
  • Security risks
  • Legal or regulatory concerns
  • Inactivity
  • Misuse of the Services

You may terminate your account or subscription in accordance with the applicable Order Form, subscription agreement, or by discontinuing use of the Services, subject to any outstanding payment obligations.

Termination does not relieve you of any fees owed before termination.

13. Indemnification

You agree to indemnify, defend, and hold harmless Gensail Inc., its officers, directors, employees, contractors, affiliates, agents, licensors, and service providers from and against any claims, damages, liabilities, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or related to:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of applicable law
  • Your content or data
  • Your failure to obtain required consents or permissions
  • Your misuse of call recordings, transcripts, AI outputs, or analytics
  • Claims brought by your customers, patients, employees, contractors, or other third parties relating to your use of the Services

14. Disclaimers

The Services are provided "as is" and "as available."

To the maximum extent permitted by law, Gensail disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and reliability.

Gensail does not guarantee that the Services will be uninterrupted, error-free, secure, or free from defects.

Gensail does not guarantee any specific business outcome, revenue increase, appointment conversion, reduction in missed calls, patient satisfaction improvement, or operational result.

AI-generated outputs may be incomplete, inaccurate, delayed, or unsuitable for certain uses. You are responsible for independently reviewing and validating any output before relying on it.

15. Limitation of Liability

To the maximum extent permitted by law, Gensail will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost business opportunities, lost data, goodwill, service interruption, or reputational harm, arising out of or related to your use of the Services.

To the maximum extent permitted by law, Gensail's total liability for any claim arising out of or related to these Terms or the Services will not exceed the greater of:

  1. $100; or
  2. The amount paid by you to Gensail for the Services giving rise to the claim during the six months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

16. Arbitration & Dispute Resolution

All disputes, claims, or controversies between you and Gensail arising out of or relating to these Terms, the Services, or any relationship between you and Gensail will be resolved through binding arbitration under the rules of the American Arbitration Association ("AAA").

You and Gensail agree that:

  • Claims will be brought only on an individual basis
  • Neither party may bring a claim as a plaintiff or class member in any class, collective, consolidated, or representative action
  • You and Gensail waive the right to a jury trial
  • Arbitration will take place in Maricopa County, Arizona, unless otherwise agreed by the parties

Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, security, or unauthorized use of the Services.

17. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles.

Any court proceeding permitted under these Terms will be brought in the state or federal courts located in Maricopa County, Arizona, and the parties consent to the personal jurisdiction and venue of those courts.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will use reasonable efforts to provide notice, which may include posting the updated Terms on our website, sending an email, or providing notice through the Services.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

19. Contact Us

If you have questions or concerns about these Terms, please contact us.