Terms of Use

Last updated: January 27, 2025 • Version 1.0

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you", "your", or "End-User") and DigitalCarbon, Inc ("we", "us", "our", or "Company"), governing your use of the Piper mobile application (the "Application") and related services (collectively, the "Service").

By downloading, installing, or using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Application.

Important: This agreement is between you and DigitalCarbon, Inc only. Apple Inc. ("Apple") is not a party to this agreement and has no responsibility for the Application or its content.

2. License Grant and Restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Application on Apple devices that you own or control, solely for your personal or business use, and in accordance with Apple's App Store Terms of Service.

You agree not to:

3. Service Description

The Application provides an AI-powered voice receptionist service that:

You acknowledge that the AI receptionist uses machine learning to generate responses and that we do not guarantee the accuracy, appropriateness, or completeness of any AI-generated content.

4. Account and Phone Numbers

To use the Service, you must create an account and may be assigned a phone number. You agree to:

Phone numbers are provided through third-party services and remain our property. We reserve the right to reclaim or reassign phone numbers in case of violation of these Terms or prolonged inactivity.

5. User Content and Conduct

You retain ownership of content you provide to the Service ("User Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and store your User Content solely to provide and improve the Service.

You agree not to use the Service to:

6. Call Recording and Privacy

The Service records and processes phone calls. You are responsible for:

We process call data as described in our Privacy Policy. You acknowledge that call recordings and transcripts are stored on our servers and processed by third-party AI services.

7. Fees and Payment

The Service may include paid features or subscriptions. All purchases are final and non-refundable except as required by law. Subscription fees are billed in advance on a recurring basis. You may cancel your subscription at any time through your account settings.

8. Third-Party Services

The Service integrates with third-party services including telephony providers, AI services, and analytics platforms. Your use of the Service may be subject to additional third-party terms. You must comply with applicable third-party terms when using our Service.

9. Intellectual Property

The Application and Service, including all content, features, and functionality, are owned by DigitalCarbon, Inc and are protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

In the event of any third-party claim that the Application infringes intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim.

10. Disclaimers and Limitations

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

11. Indemnification

You agree to indemnify, defend, and hold harmless DigitalCarbon, Inc and its affiliates from any claims, damages, losses, or expenses (including attorneys' fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Support and Maintenance

We provide support for the Application through our customer service channels. Apple has no obligation to provide any maintenance or support services for the Application. For support, contact us at the information provided below.

13. Product Claims

We, not Apple, are responsible for addressing any claims relating to the Application, including product liability claims, claims that the Application fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.

14. Legal Compliance

You represent and warrant that:

15. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason. Upon termination, your license to use the Application will immediately cease. Provisions that by their nature should survive termination will remain in effect.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes through the Application or via email. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except where prohibited by law.

18. Third-Party Beneficiary

You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

19. General Provisions

These Terms constitute the entire agreement between you and DigitalCarbon, Inc. If any provision is found unenforceable, the remaining provisions will continue in effect. Our failure to enforce any right or provision is not a waiver. You may not assign or transfer these Terms without our consent.

20. Contact Information

For questions, complaints, or claims regarding the Application, contact us at:

DigitalCarbon, Inc

Email: michael@digitalcarbon.ai

By using the Piper application, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.