Welcome to the Fiber AI Agent Product-Specific Terms of Service (“AI Agent Terms” or “Agreement”)! We appreciate you choosing our services.
Below we have listed important legal terms that apply to anyone who uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.
The Fiber Product Agreements are intended to highlight important aspects about using our services. If you utilize the Fiber AI Agent Services, the Fiber AI Agent Terms are incorporated as part of the Master Terms.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at support@clerkie.io.
1. DEFINITIONS
“AI Interaction” means any communication, conversation, negotiation, or decision undertaken by the Fiber AI Agent with an End User.
“Artificial and Pre-Recorded Voice” means any voice that is not a live, human voice and shall include voices generated by artificial intelligence or prerecorded audio.
“Customer Data” means any data that you provision or provide to us during your use of the Services, including, but not limited to data related to your organization, your Agents, your clients, your End Users, or your accounts. This includes any copies, backups, or derivative datasets (such as logs, analytics datasets, or replica databases) maintained to provide the Services. Customer Data does not include Fiber Content.
“Fiber AI Agent” means an automated, artificial intelligence-driven software agent provided as part of the Services, which can autonomously engage in customer support interactions, respond to End User inquiries, and perform tasks or actions as configured by the Customer.
“Human Agents” means your employees, representatives, consultants, contractors or agents who are authorized to use the Services for your benefit.
“Negotiation Parameters” means the rules, constraints, thresholds, settlement ranges, disclosures, escalation triggers, and approvals configured or provided by Customer that govern how the Fiber AI Agent operates.
“Service” or “Services” means the AI Agent and related products and features.
“Successful Transaction” means a payment that has been processed by the payment processor and accepted by the recipient bank.
2. USE OF SERVICES
2.1 License Restrictions. By using the Services, you agree not to: (i) modify, copy, or create derivative works of the Services, except as expressly permitted under this Agreement; (ii) resell, sublicense, lease, or otherwise make the Services available to any third party; or (iii) disassemble, reverse engineer, or decompile the Services, or attempt to access the Services for the purpose of:
(a) developing a product or service that directly competes with the Services;
(b) copying any non-public features, functions, workflows, or designs of the Services; or
(c) replicating the Services or any material portion thereof.
2.2 Guidelines for Use. You will use the Services solely for your internal business purposes and in accordance with this Agreement. You agree to use commercially reasonable efforts to ensure that neither you nor the Fiber AI Agent: (i) send duplicative, unsolicited, or unlawful calls or messages in violation of applicable law; (ii) send, store, generate, or transmit content that is unlawful, infringing, or otherwise violates third-party rights; (iii) transmit material containing malware or other harmful code; (iv) interfere with, disrupt, or attempt to gain unauthorized access to the Services or related systems; (v) impersonate any individual or entity; (vi) use Artificial and Pre-Recorded Voice in a manner intended to mislead or deceive End Users; (vii) make representations, offers, or disclosures outside of Customer-approved parameters; (viii) negotiate outside the approved Negotiation Parameters; (ix) threaten legal action, credit reporting, or enforcement unless expressly authorized and permitted by law; or (x) continue an interaction where escalation to a human agent is required by applicable law or Customer policy. Nothing in this Section is intended to prohibit lawful, good-faith use of the Services consistent with Customer’s compliance policies and applicable law.
2.3 Fair Use of Foundational Services. Our access to foundational AI services is subject to the acceptable use and abuse monitoring policies of those providers. If we receive notice from our provider(s) requiring us to take remedial action as a result of your use of the Services, such as, but not limited to, repeated abuse filter violations, generation of high-risk content, or sustained triggering of safety systems, this shall be deemed a breach of Section 2.2, Guidelines for Use. In such cases, we reserve the right to immediately suspend or restrict your access to the affected functionality or the Services, without prior notice if necessary, to comply with the provider’s requirements. We will use commercially reasonable efforts to notify you of the issue and work collaboratively to remediate the cause, but continued non-compliance may result in termination in accordance with this Agreement.
3. OUR RESPONSIBILITIES
3.1 Functionality. We will make the Services available to you under the terms set forth in the Agreement and execute any and all service enhancements from time to time. During the Service Term, the functionality of the Services will not be materially decreased from those available as of the time of contract signing.
3.2 Enhancements. Fiber AI Agent has the right to collect, analyze, compile, use, and disclose aggregate or de-identified data, statistics, measurements, or other metrics relating to the provision, use or performance of the Services, including by Customer and it’s Human Agents for our business purposes, including to improve Services, solely in a manner such that the aggregate or de-identified data does not identify Customer or any individual (“Aggregated Data”). Aggregated Data is the sole and exclusive property of Fiber.
3.3 SLA Response Times. The following Service Level Agreement (“SLA”) response times are standard for the Services:
Relates to issues that drive a complete loss of service and cause actual material loss of revenue to Customer.
3 hours during Business Hours
Related to a severe issue which materially reduce the quality of the Service in which no workaround exists. There is a potential risk of losing actual or future revenue as a result of a failure of the Services.
6 hours during Business Hours
Relates to issues which reduce the quality of the Service, though a workaround exists.
9 hours during Business Hours
Relates to failure of the Services which prevents some of the functions from meeting the specifications or cause particular features or functionality to be inoperative. Some non-critical business operations are impaired.
12 hours during Business Hours
3.4 Compliance Obligation. We will provide the Services under the Agreement in compliance with applicable laws and as outlined in our DPA, with the following proviso: we are not responsible for any noncompliance with any laws due to your settings and configurations, or where we have correctly executed your instructions regarding the use of the Services. The settings generally pertain to the timing, frequency, and manner of any of your outbound communications and the configurations generally pertain to your setup for inbound calls and use of the Services.
3.5 Environment Access. As part of the Services, in addition to our production environment, you may receive access to our User Acceptance Testing (“UAT”) environment. Customer acknowledges that any UAT or non-production environment provided by Company is made available on an “as-is” and “as-available” basis. Company does not guarantee uptime, availability, performance, or support service levels for the UAT environment, and no service level agreements (SLAs) applicable to the production environment shall apply.
3.6 Data Processing. To the extent Fiber AI Agent processes transcripts, recordings, or derived insights, such processing is governed by the Data Processing Agreement and treated as Customer Data.
4. CUSTOMER RESPONSIBILITIES
4.1 Compliance with Applicable Laws. Customer agrees to use the Services in compliance with all applicable laws, regulations, and industry standards, including but not limited to the Fair Debt Collection Practices Act (FDCPA), the Gramm-Leach-Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA), and applicable state and international data privacy laws such as the California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR) where relevant. You also agree that you have the right to share Personal Data with us under the GLBA’s service provider exception. You also agree to obtain proper consent to record phone calls prior to making any recordings as required by applicable law. To the extent not covered by law, you will also comply with all applicable industry standards, including those guidelines published by the CTIA and Mobile Marketing Association. You warrant and represent that you have the right to use AI-driven communications and deploy AI for debt negotiations under applicable law.
Customer acknowledges that the AI Agent may be classified as a 'High-Risk AI System' under applicable state or international laws. Customer is responsible for conducting its own Impact Assessments to ensure the Negotiation Parameters do not result in algorithmic discrimination or disparate impact based on protected characteristics (e.g., race, gender, age).
4.2 System Access. Customer shall provide the Services with access to Customer’s information technology systems used to access or otherwise realize the benefits of the Services as we may reasonably require in connection with any professional services, including assistance with respect to the submission of Customer Data to the Services, support services, or payment processing services. Fiber will comply with the applicable Customer Systems access policies provided to us in advance.
4.3 Stale System Data. Fiber AI Agent’s performance is dependent on the real-time accuracy of Customer’s linked databases (e.g., CRM or IMS). Fiber is not liable for any Fiber AI Agent actions taken based on "Stale Data" resulting from Customer’s API latency, database downtime, or failure to update account status (e.g., "Paid in Full" or "Cease and Desist" flags) within the Service’s required sync interval.
4.4 Fiber AI Agent Configuration. You are responsible for configuring the Fiber AI Agent in a manner appropriate for your business needs and for supervising the Fiber AI Agent’s performance. You agree to use reasonable care in deploying the Fiber AI Agent, especially in contexts where inaccuracies in the Fiber AI Agent’s responses could cause harm or material inconvenience. The Services should not be used as the sole basis for any decision that could result in significant harm or risk without human oversight. Additionally, you are responsible for: (i) defining and testing Negotiation Parameters, (ii) ensuring the accuracy of balances, terms, and the inclusion of all legally required disclosures (e.g., Mini-Miranda, opt-out notices) within the Fiber AI Agent’s scripts or configurations, (iii) implementing escalation rules to human agents; and (iv) monitoring AI performance and compliance. You are solely responsible for determining and configuring the frequency, timing, and volume of communications initiated by the Fiber AI Agent (“Cadence”). You warrant that its configured Cadence complies with all debt collection and telemarketing laws, including but not limited to CFPB Regulation F frequency limits.
4.5 Customer Supervision & Audit. Customer acknowledges that the Fiber AI Agent is a tool designed to assist in communication and is not a substitute for professional judgment. Customer shall: (a) conduct periodic audits of Fiber AI Agent transcripts and interaction logs; (b) maintain a "Human-in-the-Loop" process to review settlements or escalations; and (c) immediately notify Fiber and/or disable the Fiber AI Agent via the platform dashboard if it observes "hallucinations" or deviations from Fiber-approved instruction and Customer configuration. Failure to supervise the Fiber AI Agent constitutes a material breach of this Agreement. We are not liable for damages resulting from Customer’s failure to provide adequate supervision and audit, as outlined in this clause.
4.6 Monitoring and Consent. You acknowledge that the Fiber AI Agent may analyze live or recorded communications involving your Human Agents and End Users. You are solely responsible for providing all required notices and obtaining all legally required consents from End Users and Human Agents, including consent to monitoring, recording, transcription, and analysis.
5. WARRANTIES AND DISCLAIMERS
5.1 Warranties. We represent and warrant to Customer that: (a) Fiber AI Agent will perform the Services in a professional and workmanlike manner; and (b) under normal use the Services will perform materially in accordance with our documentation. As Customer’s sole and exclusive remedy in the event of a breach of such warranty, Fiber AI Agent will use commercially reasonable efforts to promptly correct any failure to comply with such warranty.
5.2 Customer Data. Customer represents, warrants, and covenants to Fiber that Customer has the right to provide the Customer Data to Fiber for the purposes of this Agreement.
5.3 NO GUARANTEE; PROBABILISTIC OUTPUT DISCLAIMER. FIBER DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, WITHOUT INTERRUPTION, OR THAT FIBER AI AGENT WILL CORRECT ANY ERROR. CUSTOMER ACKNOWLEDGES THAT THE SERVICES UTILIZE PROBABILISTIC MACHINE LEARNING MODELS; AS SUCH, OUTPUT MAY OCCASIONALLY BE INACCURATE, INCOMPLETE, OR BIASED ("HALLUCINATIONS"). FIBER DOES NOT WARRANT THE ACCURACY OF ANY OUTPUT AND CUSTOMER ASSUMES ALL RISK FOR THE USE OF OUTPUT IN A LIVE PRODUCTION ENVIRONMENT. FIBER’S SOLE LIABILITY FOR PERSISTENT AI INACCURACIES SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO RETUNE OR RE-PROMPT THE AI AGENT TO ALIGN WITH CUSTOMER’S WRITTEN INSTRUCTIONS. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” FIBER AI AGENT AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE.
5.4 Customer acknowledges and agrees that: (i) the use of or reliance on the Services is at Customer’s own risk, and Fiber AI Agent does not guarantee the accuracy or the usefulness of any information generated through use of the Services and will not be responsible for any use of generated information by Customer; and (ii) notwithstanding any security precautions deployed by Fiber AI Agent, the use of, or connection to, the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the Services and Customer Data. Fiber AI Agent cannot and does not guarantee the privacy, security, integrity or authenticity of any information transmitted over or stored in any system connected to or accessible via the Internet or otherwise or that any such security precautions will be adequate or sufficient.
6. STORAGE
6.1 Recording and Communication Storage. Where legally applicable, Customer may record verbal or written communications (“Stored Communications”) as part of their use of the Services. We will maintain this material using secure cloud storage infrastructure in alignment with the Master Terms.
6.2 Cold Storage. We may, at our discretion, move older or infrequently accessed materials to cold storage solutions to optimize system performance and reduce costs. Cold storage materials remain accessible but may experience minor latency in retrieval times.
6.3 Customer Access and Control. Customer may download, delete, or otherwise edit any of their Stored Communications at any time through the Service interface, provided such actions comply with applicable data retention laws and regulations. We are not responsible for any legal consequences resulting from Customer’s deletion or failure to retain regulated data.
6.4 Data Retention After Termination. We will adhere to the retention rules as outlined in the Master Terms under “Retention, Deletion and Retrieval of Customer Data”.
7. FEES
7.1 Service Fees. Unless otherwise specified in the applicable Order Form, the Service Fee for each Fiber AI Agent consists of a transaction-based fee calculated as a percentage of Successful Transactions received through the Fiber AI Agent.
Unless otherwise specified in the applicable Order Form, use of a Fiber AI Agent in conjunction with the Fiber CRM or IMS and the Fiber Communications Module requires the purchase of a corresponding Seat.
7.2 Storage Fees. Unless otherwise noted in your Order Form, Stored Communications up to the Free Storage Limit are stored without charge for the duration of the Free Storage Period. Storage over the Free Storage Limit and within the Free Storage Period accrues the Excess Storage Cost, due monthly in arrears. Storage longer than the Free Storage Period accrues the Extended Storage Cost.
7.3 Billing Period Minimum. You may be subject to a Billing Period minimum, as outlined on your Order Form.
8. MISCELLANEOUS
8.1 Amendment; No Waiver.
We may modify these by posting any changes to this document and, if you have an active Fiber agreement and changes are material, we will notify you directly (for example, by sending you an email or in-app notification). The revised version will become effective and binding the next business day after it is posted.
If you do not agree with a modification to the Agreement, you must notify us in writing within thirty (30) days of the revision. If you give us this notice, then your subscription will continue to be governed by the terms and conditions of the Agreement prior to modification until your next renewal date. However, if we can no longer reasonably provide the subscription to you under the terms prior to modification (for example, if the modifications are required by law or result from general product changes), then the Agreement and/or affected Services will terminate upon our notice to you and we will promptly refund any prepaid but unused fees covering use of the Service after termination in accordance with the ‘Effect of Termination or Expiration’ provision of the Master Terms.
No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
8.2 Indemnification Alignment. You reaffirm that indemnification obligations under the Master Terms expressly apply to all third-party claims, fines, or penalties arising from or related to usage of these Services.
Contact Us
Henry Labs, Inc.
619 7th Street
San Francisco, CA 94103
support@clerkie.io
