orb22 Terms of Service

Effective date: September 30, 2026

These Terms of Service ("Terms") are a contract between DSBC LLC, a Delaware limited liability company that offers the service under the names 22nd Floor and orb22 ("DSBC", "we", "us"), and the business that creates an account ("Customer", "you"). They govern your use of orb22, including the builder at voice.22floor.com, the embeddable widget (the "orb"), hosted agent pages, and related APIs (together, the "Service").

By creating an account, accepting an invite, or using the Service, you agree to these Terms, the Acceptable Use Policy (the "AUP"), and the Data Processing Addendum (the "DPA"), which are part of these Terms. If you accept on behalf of a company, you confirm that you have authority to bind it. The Service is for business use only. It is not offered to consumers, and you confirm that you are using it for the purposes of your trade, business, or profession.

1. Definitions

• Agent: an AI voice sales consultant that you configure in the Service and publish as an orb on your website or as a hosted page.
• Visitor: a person who uses an Agent on your website or hosted page.
• Customer Content: everything you or your users provide to the Service, including website pages and files you import, knowledge, instructions, intake questions, offers, coupon codes, product links, buy buttons, branding, and settings.
• Visitor Data: personal information about Visitors that the Service processes on your behalf, including transcripts, intake answers, names and email addresses Visitors provide, call details, traffic source, device identifiers, and consent records.
• Customer Data: Customer Content and Visitor Data together.
• AI Output: speech, text, summaries, answers, assessments, and other content generated by the Service using AI models.
• Minutes: the measured duration of live Agent conversations, excluding test calls in the builder unless your plan says otherwise.
• Data Protection Laws: has the meaning given in the DPA.

2. Accounts and access

• Access is by invite while we say so. An invite may set your plan, your Minutes, and the period it is valid for. We may decline or revoke an unused invite.
• You must give accurate account information and keep it current. You are responsible for all activity under your account and for keeping credentials secure. Tell us at once at support@22floor.com if you suspect unauthorized access.
• You must be at least 18 and able to form a binding contract. You may not use the Service if you, or the business you represent, are subject to sanctions or export restrictions under the laws of the United States or other applicable laws, or are located in a country subject to comprehensive US sanctions.
• You may let your employees and contractors use your account. You are responsible for their compliance with these Terms.

3. The Service

• We provide the tools to build, test, publish, embed, and monitor Agents. Live voice runs on third-party AI models, currently OpenAI's realtime voice model for speech, and Anthropic's Claude models for knowledge import, answers from your knowledge, answer extraction, summaries, and written assessments. We may change models or providers, and will update our subprocessor list as described in the DPA.
• No audio storage. Audio streams from the Visitor's browser to the voice model during the call and is not kept by us. We store text transcripts and the other Visitor Data described in our Privacy Policy.
• No voice biometrics. The Service does not create, collect, or store voiceprints or any other biometric identifier or template, and does not use a Visitor's voice to identify or verify who they are, or to recognize emotions. Voice is used only to transcribe and respond to what the Visitor says.
• Built-in transparency. Each Agent shows a fixed AI label and a notice before a call starts, and audio does not start until the Visitor taps Start. The Service records the time the Visitor started the call and the version of the notice shown. Agents are instructed to say truthfully that they are an AI if asked, and calls end at the length limit you set (default 15 minutes). You may not disable, hide, or alter these features in a way that removes the AI disclosure, the notice, or the Start step. See the AUP.
• AI Act roles. For the purposes of the EU Artificial Intelligence Act (Regulation (EU) 2024/1689), we are the provider of the orb22 system and you are the deployer of each Agent you publish. We are responsible for the transparency features built into the Service. You are responsible for how you configure and use your Agents, and for any duties that apply to deployers.
• Features marked beta, preview, or early access are provided as is, may change or end at any time, and are excluded from any commitments in these Terms other than confidentiality and data protection.
• We do not guarantee any level of uptime and do not offer a service level agreement unless we sign one with you in writing.
• We may change the Service, including the notice text, retention periods, and default settings, where we reasonably believe a change is needed to comply with law or with the requirements of a regulator or AI provider. We will tell you about material changes.

4. Your responsibilities

You are the business that deploys each Agent and decides why and how Visitor Data is collected. You are the controller (or "business") for Visitor Data. You agree that you will:

• Have a lawful basis and give notice. Have a valid legal basis under Data Protection Laws for every Agent you publish, and publish a privacy policy on every site where an Agent appears. At a minimum, it must say that you use an AI voice assistant, that conversations are processed by AI providers and transcribed, what is saved and shared with you and your service providers, how long you keep it, any international transfers, and how Visitors can exercise their rights. Link that policy in the Agent settings. A sample paragraph is in our Customer guide.
• Obtain every consent the law requires before a Visitor's conversation is processed, recorded, or transcribed, including under wiretap, eavesdropping, and call recording laws (such as the California Invasion of Privacy Act and the laws of other states that require the consent of all parties, Canadian and Australian surveillance and privacy laws, and the Israeli Wiretap Law), consumer protection laws, and privacy laws such as the GDPR, the UK GDPR, the ePrivacy rules, and US state privacy laws. The built-in notice and Start step are designed to help, but you are responsible for deciding whether they are sufficient where you and your Visitors are, and for adding anything more your laws require, such as a cookie banner, a region-specific notice, or a separate consent.
• Keep the AI disclosure on. Comply with laws that require disclosure of AI or bots, including Article 50 of the EU AI Act, the California Bolstering Online Transparency Act (Cal. Bus. & Prof. Code 17940 and following), Maine's chatbot disclosure law (10 M.R.S. 1500-DD), and Utah's Artificial Intelligence Policy Act. Never configure an Agent to claim or imply it is a human.
• Get marketing consent separately. If you send Visitor email addresses to Klaviyo or another marketing tool, you must have the consent that the law requires for marketing messages where the Visitor is, for example under CAN-SPAM, Canada's Anti-Spam Legislation, the UK and EU ePrivacy rules, Australia's Spam Act 2003, and Israel's Communications Law (section 30A). An email address a Visitor types to receive results is not, by itself, consent to marketing email.
• Not use the Service for restricted purposes, including:
  • regulated health care, or any processing of protected health information under HIPAA; do not use the Service if you are a covered entity or business associate for the data involved, as we do not sign business associate agreements;
  • collecting health information (including "consumer health data" under Washington's My Health My Data Act and similar laws), precise financial account or payment card data, government identification numbers, or other sensitive or special category data through an Agent, unless we have agreed in a signed written addendum;
  • giving individualized legal, medical, tax, investment, insurance, credit, or other advice that requires a license;
  • websites, apps, or services directed to children, or Agents designed to engage minors (see the AUP);
  • making decisions based solely on automated processing that produce legal or similarly significant effects on a person;
  • deceptive, unfair, or unsubstantiated claims, fake urgency, or misleading pricing.
• Carry out required assessments. Carry out any data protection impact assessment, privacy impact assessment (including for transfers outside Quebec), or risk assessment that Data Protection Laws require of you. We will give you the information we reasonably can, as described in the DPA.
• Appoint representatives where required. If the law requires you to appoint a representative or data protection officer, you are responsible for doing so.
• Own your content and offers. You are solely responsible for Customer Content, including its accuracy, legality, and your right to use it, and for every product, price, coupon, discount, promotion, claim, and link your Agent presents. You are the seller in any transaction with a Visitor. We are not a party to it.
• Review and supervise. Test your Agent before you publish it, review transcripts regularly, and correct knowledge that produces wrong or risky answers.
• Handle Visitor requests. Respond to Visitors' privacy requests and complaints, and tell us when a request requires us to delete or change Visitor Data. We will help as described in the DPA.
• Use integrations lawfully. If you enable Klaviyo, webhooks, or other integrations, you direct us to send Visitor Data to that destination, and you are responsible for having a lawful basis and any required consent, and for that data once it is delivered.
• Follow the AUP and the usage policies of our AI providers, including the OpenAI Usage Policies and the Anthropic Usage Policy, as they apply to content and conversations processed through the Service.

5. AI Output

• AI Output is generated automatically and can be inaccurate, incomplete, or inappropriate, including statements that sound confident but are wrong. The Agent may say things not found in your knowledge. AI Output is not professional advice.
• You are responsible for how you configure your Agent, for deciding whether AI Output is suitable for your use, and for anything you or your Visitors do based on it. You must not rely on AI Output as the sole basis for decisions that have legal or similarly significant effects on a person.
• Summaries and assessments are AI-generated. If you share them with Visitors or others, say that they were written by AI.
• Similar prompts may produce similar output for other customers. AI Output provided to you is not our confidential information and may not be unique.
• As between you and us, and to the extent we have rights in it, you own the AI Output generated for your Agents, subject to these Terms.

6. Fees, Minutes, and taxes

• You will pay the fees for your plan as shown in your invite, order form, or the pricing page in your account. During the invite-only period, we may offer plans at a reduced price or at no charge for a stated period.
• Plans include a monthly number of Minutes. Unused Minutes do not roll over unless your plan says so. When you reach your Minutes, Agents may stop taking calls until the next period, or overage may be charged at the rate in your plan if you have enabled it.
• Fees are billed in advance, in US dollars, and are non-refundable except where these Terms or the law say otherwise. Fees exclude taxes. You are responsible for all taxes other than taxes on our net income.
• We may change fees or plan features with at least 30 days' notice by email or in the Service. Changes take effect at your next billing period. If you do not agree, you may cancel before the change takes effect.
• If a payment is more than 15 days late, we may suspend the Service after notice.

7. Suspension

We may suspend an Agent or your account, in whole or in part, immediately and without liability if we reasonably believe that (a) you or your Agent violate the AUP or Section 4, (b) your use creates a security, legal, or operational risk to us, our providers, Visitors, or other customers, (c) an AI provider requires it, or (d) required by law or a regulator. We will tell you the reason where we can and will restore access once the issue is resolved. We may also end calls, block traffic, or apply rate limits automatically to stop abuse.

8. Intellectual property

• You keep all rights in Customer Data. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Data only as needed to provide, secure, and support the Service for you, and as described in the DPA.
• We keep all rights in the Service, including our software, prompts, templates, widget, and documentation. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription under these Terms.
• You will not copy, resell, sublicense, reverse engineer (except where the law allows), or use the Service to build a competing product, or remove proprietary notices.
• If you send us feedback, we may use it without obligation to you. Feedback does not include Customer Data.

9. How we use Customer Data

• We use Customer Data only to provide the Service to you, including to operate Agents, show you transcripts and analytics, deliver integrations you enable, prevent abuse, provide support, and comply with law.
• We do not sell or share Customer Data, and we do not use Visitor transcripts or Visitor Data to train or improve AI models, to build profiles, to combine with data from other customers, or for our own marketing or any purpose unrelated to providing the Service to you. Our AI providers are contractually bound to process it only to provide their services to us and, under their current API terms, do not use it to train their models.
• We may use operational metrics that do not include conversation content or identify any person, such as call counts, durations, error rates, and model costs, to run, bill for, and maintain the Service.
• For Visitor Data, you are the controller (or business) and we are your processor (or service provider). The DPA governs that processing and takes precedence over these Terms on data protection matters.

10. Confidentiality

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and disclose it only to its employees, contractors, and service providers who need to know it and are bound by similar duties. This does not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or rightfully received from a third party. A party may disclose Confidential Information if required by law, after giving notice where legally allowed. Customer Data is your Confidential Information.

11. Warranties and disclaimers

• Each party confirms it has the authority to enter into these Terms and will comply with the laws that apply to it in performing them. We will provide the Service with reasonable skill and care and in line with our Privacy Policy and the DPA. You confirm that you have all rights and consents needed for Customer Content and for us to process Customer Data under these Terms.
• EXCEPT AS STATED IN THESE TERMS, THE SERVICE AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT ANY SALES, CONVERSION, OR BUSINESS RESULTS, OR THAT THE SERVICE, ITS DEFAULT NOTICE, OR ITS SETTINGS WILL MEET THE LEGAL REQUIREMENTS THAT APPLY TO YOUR BUSINESS OR IN EVERY PLACE WHERE YOUR VISITORS ARE.

12. Limitation of liability

• TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY.
• TO THE FULLEST EXTENT ALLOWED BY LAW, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE PAID NO FEES, OUR TOTAL LIABILITY IS LIMITED TO US $100.
• These limits do not apply to your payment obligations, a party's indemnity obligations, your breach of Section 4 or the AUP, a party's fraud or willful misconduct, or liability that cannot be limited by law. Nothing in these Terms limits either party's liability to data subjects where Data Protection Laws or the Standard Contractual Clauses do not allow it.

13. Indemnification

• By you. You will defend us, our members, officers, employees, and contractors against any third-party claim, investigation, or proceeding, including a claim by a Visitor or a regulator, and pay resulting damages, fines, penalties, settlements, and reasonable legal fees, to the extent it arises from (a) Customer Content, your offers, products, pricing, or transactions with Visitors; (b) your failure to provide a required privacy notice, AI disclosure, or recording notice, or to obtain a consent required by law; (c) your breach of Section 4 or the AUP; or (d) your websites, integrations, or use of Visitor Data after it leaves the Service.
• By us. We will defend you against any third-party claim alleging that the Service, as provided by us and used under these Terms, infringes a US patent, copyright, or trademark or misappropriates a trade secret, and pay resulting damages and settlements we agree to. This does not cover claims arising from Customer Content, AI Output, third-party AI models or services, combinations with items we did not provide, or modifications we did not make. If such a claim occurs or is likely, we may modify the Service to be non-infringing, obtain a license, or end the affected part and refund prepaid unused fees. This section states our entire obligation for infringement claims.
• Process. The indemnified party must promptly notify the other of the claim, give it sole control of the defense and settlement (though no settlement may impose an obligation or admission on the indemnified party without its consent), and give reasonable help at the indemnifying party's expense.

14. Term, termination, and data deletion

• These Terms apply from when you accept them until your account is closed. Subscriptions renew for successive periods unless canceled before renewal.
• You may cancel at any time in the Service or by emailing support@22floor.com. Cancellation takes effect at the end of the current paid period.
• Either party may terminate on notice if the other materially breaches these Terms and does not cure within 30 days. We may terminate at once for a serious or repeated breach of the AUP, or if continuing would violate law or an AI provider's requirements.
• On termination, your right to use the Service ends and published Agents stop working. For 30 days after termination you may view your transcripts in the Service or ask us for an export at support@22floor.com. We then delete Customer Data from the live Service within a further 30 days, and it ages out of backups within 30 days after that, unless the law requires us to keep it. Visitor transcripts and call records are also deleted automatically 90 days after each call, and you can delete individual calls at any time.
• Sections 4 (for obligations that relate to past use), 5, 6 (for unpaid fees), 8 through 13, 14 (this paragraph and data deletion), and 15 survive termination.

15. General

• Governing law and venue. These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. The state and federal courts located in Delaware have exclusive jurisdiction, and each party consents to them. Either party may seek injunctive relief in any competent court to protect its intellectual property or Confidential Information. This does not change the governing law and forum set out in the Standard Contractual Clauses or other transfer terms in the DPA, or any mandatory rights a party has under the law of its own country. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
• Changes to these Terms. We may update these Terms. For material changes, we will give at least 30 days' notice by email or in the Service, unless a shorter period is required by law. Continued use after the effective date means you accept the change. If you object, you may cancel before it takes effect.
• Third-party services. Integrations and third-party services you choose to use are governed by their own terms. We are not responsible for them.
• Publicity. We may list your business name and logo as a customer unless you tell us not to.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including outages of AI providers or hosting providers, other than payment obligations.
• Export and sanctions. Each party will comply with US and other applicable export control and sanctions laws in connection with the Service.
• Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition, or sale of substantially all related assets, with notice.
• Entire agreement. These Terms, the AUP, the DPA, and any order form are the entire agreement on their subject. If they conflict, the order is: DPA (for data protection), order form, these Terms, AUP. Purchase order terms do not apply.
• Language. These Terms are written in English. If we provide a translation, the English version controls to the extent the law allows.
• Other. If a provision is unenforceable, the rest remains in effect. A failure to enforce is not a waiver. The parties are independent contractors. Notices to us go to support@22floor.com. Notices to you go to your account email.

16. Contact

DSBC LLC, [MAILING ADDRESS]. Email: support@22floor.com.