Terms of Service

These Terms of Service ("Terms") are a contract between you and PILOTLAB LLC, a Wyoming limited liability company, doing business as VM Hunter ("VM Hunter", "we", "us"), 1309 Coffeen Ave Ste 1200, Sheridan, WY 82801, United States. By creating an account, using an API key or otherwise using the Service you accept these Terms. The following documents are incorporated into these Terms by reference: the Privacy Policy, the Acceptable Use Policy, the Cookie Policy and the Data Processing Agreement. If you accept on behalf of a company, you confirm that you have authority to bind it. If you do not agree, do not use the Service.

VM Hunter provides real-time answering machine detection. Your telephony system streams the first seconds of a call's far-end audio to our WebSocket endpoint and receives a classification (for example HUMAN or MACHINE) with a reason code. The Service also includes the customer portal, call logs, recordings of the analysed audio sample, usage reporting, documentation and the client software we publish for supported dialers.

Detection is probabilistic. Results are estimates produced by automated analysis of a very short audio sample. They will sometimes be wrong: a person may be classified as a machine, and a machine as a person. You are responsible for how your systems act on a result, including your fail-safe when no result is returned, and for monitoring outcomes on your own traffic. Features marked "beta" are provided for evaluation and may change or be withdrawn.

You must give accurate registration details and keep them current. You are responsible for everything done with your account and API keys, for keeping them confidential, and for telling us promptly at support@vmhunter.com if you suspect unauthorised use. We may deactivate a key that appears to be compromised.

Your use of the Service must comply with the Acceptable Use Policy. You alone are responsible for the lawfulness of the calls you place and of having their opening seconds analysed, recorded and used as described in the Privacy Policy and the Data Processing Agreement. This includes, in every place you call:

• the Telephone Consumer Protection Act (TCPA) and the rules of the Federal Communications Commission (FCC), including those on autodialers, prerecorded messages, call abandonment and caller identification;
• the National Do-Not-Call Registry, state do-not-call lists, your own internal do-not-call list and opt-out requests;
• state call-recording and wiretapping laws, including the laws of states that require the consent of all parties (two-party consent) before a call is recorded;
• the Telemarketing Sales Rule and any other telemarketing, debt-collection, privacy and consumer protection laws that apply to you.

We do not place calls, choose whom you call, or provide legal advice. Your indemnity in section 16 covers claims arising from these laws.

Current plans, monthly call allowances, rate limits and prices are shown on the Pricing page. Enterprise terms are agreed individually.

• A call is counted when we accept its configuration message, whatever the result, including calls that carry no audio or no speech. Calls that return the status FAILED are not counted.
• Monthly allowance. When your allowance is used up, further calls are refused with FAILED until your usage resets or you upgrade. Unused calls do not carry over.
• Rate limits. Each plan has a calls-per-second and a concurrent-calls limit. Calls above a limit are refused with FAILED and are not counted.
• We may apply reasonable technical limits to protect the Service for all customers.

• Paid plans are billed in advance, monthly or annually, and renew automatically until cancelled.
• You can cancel at any time in the portal; the plan stays active until the end of the paid period and then reverts to the Free plan.
• Upgrades take effect immediately; downgrades take effect at the next billing cycle.
• Payments are processed by our payment processor. Prices exclude taxes, which are added where they apply.
• If a payment fails we will notify you and may suspend paid features if it is not resolved within 7 days.
• We may change prices for future billing periods with at least 30 days' notice.

A refund is available for a first purchase of a paid plan if all of the following are true:

• you ask within 7 days of the purchase date;
• you have used no more than 5% of the plan's monthly call allowance; and
• it is your first purchase. Renewals, upgrades and later billing cycles are not refundable.

Email support@vmhunter.com with the subject "Refund Request", your account email and the reason. We reply within 5 business days; approved refunds go to the original payment method within 10 business days. Custom enterprise contracts and accounts closed for breach of these Terms are not eligible. Nothing in this section limits rights you have under mandatory consumer law.

We work to keep the Service available and announce planned maintenance in advance where we can, but we do not guarantee uninterrupted operation unless we have agreed a written service level agreement with you. Support is provided by email at the level described for your plan.

You keep all rights in the data you send us. You grant us the right to process it to provide, secure and support the Service, as described in the Privacy Policy. Where you send us personal data as a controller, the Data Processing Agreement applies automatically and forms part of these Terms.

You authorise VM Hunter to use call audio, transcripts and detection results to train and improve VM Hunter's detection models, unless you opt out by emailing support@vmhunter.com. The opt-out applies to data we receive after it takes effect. Trained models contain no recordings and are not shared with other customers or third parties.

Export and deletion. During your subscription you can export call logs as CSV and download or delete recordings in the portal. To close your account, email support@vmhunter.com. We then delete your call data within 30 days, unless the law requires us to keep it, as set out in the Data Processing Agreement. Export anything you need before closing your account.

We take reasonable technical and organisational measures to protect the Service and your data, as described in the Data Processing Agreement (Annex II). You are responsible for securing your own systems, accounts and API keys.

The Service, including its software, models, detection logic and documentation, belongs to VM Hunter and its licensors. We grant you a limited, non-exclusive, non-transferable licence to use the Service, and to install and modify the dialer client software we publish, solely to connect your systems to the Service during your subscription. You may not reverse engineer the Service, use it to build a competing product, or remove proprietary notices.

If you send us feedback, we may use it without restriction or obligation.

Each party will protect the other's non-public information, including API keys, technical details and business information, with reasonable care, use it only for the purposes of these Terms, and disclose it only to those who need it and are bound to keep it confidential, or where the law requires.

You may close your account at any time. We may suspend or end your access immediately if you breach these Terms or the Acceptable Use Policy, if your use threatens the security or stability of the Service, if payment is overdue, or if the law requires it. Where practical we will give notice and a chance to fix the problem first. On termination your right to use the Service ends, fees already due remain payable, and the sections that by their nature should survive (including 9, 11, 12 and 14 to 19) continue to apply.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT DETECTION RESULTS WILL BE ACCURATE, COMPLETE OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, LEADS, CALLS OR DATA, INCLUDING LOSSES CAUSED BY A MISCLASSIFIED OR UNCLASSIFIED CALL. EACH PARTY'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AND US$100. These limits do not apply to your obligation to pay fees, to your indemnity obligations under section 16, or to liability that cannot be limited by law.

You will defend and indemnify VM Hunter against third-party claims, fines and costs arising from the calls you place, the data you send us, your breach of these Terms or the Acceptable Use Policy, or your violation of law, including telemarketing and call-recording laws.

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law rules. The exclusive venue for any dispute relating to the Service or these Terms is the state and federal courts located in Wyoming, and both parties submit to their jurisdiction. Nothing in these Terms removes mandatory consumer protection or data protection rights you have under the law of the place where you live.

We may update these Terms. We will give at least 30 days' notice of material changes by email or in the portal. Continuing to use the Service after a change takes effect means you accept it; if you do not, you may close your account before that date.

• Entire agreement. These Terms, with the documents they incorporate, are the entire agreement between us about the Service and replace earlier understandings.
• Order of precedence. If documents conflict, this order applies: a signed order form, then the Data Processing Agreement for data protection matters, then these Terms, then the policies they incorporate.
• Severability. If a provision is unenforceable, it is limited to the minimum extent needed and the rest remains in effect.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or to a successor in a merger, acquisition or sale of all or part of our business.
• Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, such as natural disasters, carrier or internet outages, or acts of government. This does not excuse payment obligations.
• Notices. We send notices to the email address on your account. Legal notices to us must be sent to PILOTLAB LLC, 1309 Coffeen Ave Ste 1200, Sheridan, WY 82801, United States, with a copy by email to support@vmhunter.com.
• Waiver. A failure to enforce a right is not a waiver of it.