Terms of Service
Last updated: July 8, 2026
1. Acceptance of Terms
These Terms of Service ("Terms") are a legally binding agreement between you and the business entity you represent ("Customer," "you," "your") and Pharsale LLC, a Wyoming limited liability company ("Provider," "we," "us," "our"). These Terms govern your access to and use of our AI-powered customer communication platform, Orsyle (the "Service"), comprising the Website Chat Service. These Terms also continue to govern historical data and obligations from the retired Phone Service described in Section 3.
BY CREATING AN ACCOUNT, CLICKING "I AGREE," OR USING THE SERVICE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE LIMITATION OF LIABILITY IN SECTION 10, THE ARBITRATION CLAUSE IN SECTION 15, AND THE AI-SPECIFIC DISCLAIMERS IN SECTION 6. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
You represent that you are at least 18 years old, that you have the authority to bind the business entity on whose behalf you are subscribing, and that such business entity is legally organized and in good standing.
2. Definitions
"AI-Generated Content" means any output, response, chat message, transcription, call or conversation summary, classification, routing recommendation, or other content generated by the artificial intelligence components of the Service.
"Call Data" means all data arising from telephone calls handled by the Phone Service, including recordings, transcripts, AI-Generated Content, metadata, and caller information.
"Caller" means any person who places an inbound telephone call to your business that is answered by the Phone Service.
"Chat Data" means all data arising from conversations handled by the Website Chat Service, including chat transcripts, AI-Generated Content, metadata, and Visitor-provided information.
"Visitor" means any person who interacts with the Orsyle virtual agent embedded on your website.
"Customer Data" means all data, content, and information submitted or generated in connection with your use of the Service, including Chat Data and Call Data.
"Hallucination" means an AI output containing fabricated, inaccurate, or factually incorrect information generated by the AI, including invented facts or false statements presented as factual.
"Third-Party AI Providers" means upstream providers of AI models and infrastructure used by the Service, including large language model providers accessed through intermediaries such as OpenRouter (for the Website Chat Service) and voice AI and model providers (for the legacy Phone Service).
3. The Service
3.1 What the Service Does
The Service consists of two offerings:
(a) The Website Chat Service. Orsyle provides an AI-powered virtual agent that you embed on your own business website. The agent converses with Visitors using large language models operated by Third-Party AI Providers, collects the contact and service-request details Visitors choose to provide, creates service requests in the Service or in your connected business management tools, and forwards lead details to you by SMS and/or email. Chat transcripts are stored and made available to you through your dashboard. The Website Chat Service is designed for trade businesses including plumbers, HVAC technicians, electricians, roofers, and similar home services contractors.
(b) The Legacy Phone Service.The legacy service answered inbound telephone calls using AI, captured caller information and service requests, and provided call summaries (the "Phone Service"). The Phone Service has been retired for all subscribers. These Terms continue to govern historical Call Data and obligations arising before retirement.
3.2 What the Service Does NOT Do
The Service does NOT: make binding commitments or contracts on your behalf; provide price quotes, scheduling confirmations, or warranties to Callers or Visitors; deliver professional advice of any kind (plumbing, electrical, legal, medical, financial, or otherwise); guarantee appointment availability; or replace human judgment in business operations. The Website Chat Service is write-only with respect to your customer records: the virtual agent cannot look up, read back, or confirm any existing customer record, and only creates new service requests from information the Visitor provides. You are solely responsible for all commitments made to your customers.
3.3 AI and Recording Disclosure
Website Chat Service. Every chat conversation begins with a greeting identifying the assistant as an AI assistant. This disclosure cannot be disabled. You may customize the greeting, but you may not remove the AI-assistant disclosure or reduce it below the minimum required by applicable law.
Legacy Phone Service. The Phone Service includes a mandatory disclosure at the beginning of each call informing callers that they are speaking with an AI assistant and that the call may be recorded. This feature cannot be disabled. You may customize the wording but may not reduce it below the minimum required by applicable law.
3.4 Your Website
You may install the virtual agent only on websites you own or are authorized to control. You are solely responsible for your own website, including its terms of use, privacy notices, cookie disclosures, and any notices to Visitors required by the laws applicable to your business, and for the accuracy of the business information (such as hours, services, service area, and policies) with which you configure the agent.
4. Account, Subscription, and Payment
4.1 Account Registration
You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity under your account.
4.2 Subscription Plans and Fees
The Service is offered on a subscription basis at the pricing displayed on our website at orsyle.com or within the application at the time of purchase. All fees are quoted in U.S. dollars, charged in advance on a monthly billing cycle, and non-refundable except as expressly stated in these Terms. We may change pricing upon thirty (30) days' notice; continued use after a price change constitutes acceptance.
Each subscription tier includes a monthly allowance of website chat conversations, as stated at the time of purchase. When your conversation allowance or an anti-abuse limit is reached, the widget stops starting new AI conversations and instead displays your direct contact details until the allowance resets. For legacy Phone Service subscribers, each tier also includes a monthly allowance of AI call minutes, with usage beyond the included minutes billed at the plan's stated overage rate.
4.3 Payment
You authorize us to charge the payment method on file for all applicable fees. If a payment fails, we may retry the charge and, after seven (7) days of non-payment, suspend your account. You are responsible for all applicable taxes.
4.4 Auto-Renewal and Cancellation
Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel at any time through your account dashboard or by contacting contact@orsyle.com. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods, except where required by law.
4.5 Free Trial
We offer a seven (7) day free trial of the Service. To start a free trial, you must create an account and provide a valid payment method (credit card or debit card). Your payment method will be verified but will not be charged during the trial period.
YOUR TRIAL WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION AT THE END OF THE SEVEN-DAY TRIAL PERIOD UNLESS YOU CANCEL BEFORE THE TRIAL EXPIRES.
If you cancel during the trial, your payment method will not be charged and your access to the Service will end at the conclusion of the trial period. If you do not cancel, your first billing cycle begins on the day following the last day of the trial, and your payment method will be charged at the standard subscription rate for your selected plan.
During the free trial, you have full access to the Service, including the website virtual agent, chat transcripts, lead notifications, and integrations (and, for legacy Phone Service subscribers, AI call handling, call recordings, and transcripts). All Terms apply during the trial period, including the AI disclaimers in Section 6, the Acceptable Use Policy in Section 8, and the mandatory AI and recording disclosures in Section 3.3. Chat Data and Call Data generated during the trial are retained in accordance with Section 7.6.
We will send you a reminder notification at least 48 hours before your trial expires. However, failure to receive or read this notification does not extend the trial or relieve you of the obligation to cancel if you do not wish to continue. It is your responsibility to cancel before the trial ends if you do not wish to be charged.
We reserve the right to modify, suspend, or discontinue the free trial offer at any time without notice. Free trials are limited to one per business entity. If we determine that you have previously used a free trial (including through a different account, email address, or payment method for the same business), we may cancel the trial and charge the standard subscription rate immediately.
5. Your Responsibilities and Compliance Obligations
5.1 General Compliance
You are solely responsible for ensuring your use of the Service complies with all applicable federal, state, and local laws and regulations.
5.2 Call Recording Consent (Legacy Phone Service)
This Section 5.2 applies if you use the legacy Phone Service. Eleven U.S. states require all-party consent for call recording (California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, and Washington, among others). The Service provides all-party consent disclosure by default. If you modify recording settings, you assume all legal responsibility for compliance. When calls cross state lines, the strictest applicable law generally controls.
5.3 TCPA Compliance
The legacy Phone Service is designed for inbound calls only. You shall NOT use the Service to initiate outbound calls, callbacks, follow-up calls, marketing calls, or text messages unless you have: (a) obtained a separate outbound calling authorization from us; (b) secured all consent required by the Telephone Consumer Protection Act of 1991 (TCPA), the Telemarketing Sales Rule, and applicable state laws; and (c) maintained documented records of such consent for the duration required by applicable law.
5.4 AI Disclosure Laws
Multiple states require disclosure of AI interaction. Key requirements include:
- Texas SB 140: Mandatory AI disclosure within the first 30 seconds of a call; $1,000-$10,000 per violation.
- California AB 2905: AI-generated voice disclosure at the beginning of calls; $500 per violation.
- Utah SB 149: Disclosure when consumers interact with generative AI in commercial settings.
- California B.O.T. Act (Bus. & Prof. Code §§ 17940–17943): Clear disclosure when a bot is used to communicate online with California consumers to incentivize a sale or transaction.
- Colorado SB 24-205 (eff. June 30, 2026): Risk management and transparency requirements for high-risk AI systems.
Our built-in disclosures—the AI-assistant greeting in the Website Chat Service and the call-opening disclosure in the Phone Service—are designed to satisfy these requirements. You are responsible for verifying compliance in all jurisdictions where you operate.
5.5 Human Oversight
You agree to:
- Review AI-Generated Content before acting on it;
- Verify the accuracy of chat transcripts, call summaries, and transcriptions;
- Confirm any commitments the AI may have communicated;
- Maintain a way for Callers and Visitors to reach a live person; and
- Not rely on AI-Generated Content as a sole basis for business decisions.
5.6 Initial Consent Responsibility (Legacy Phone Service)
If you use the legacy Phone Service, you are solely responsible for ensuring that the initial legal consent from Callers is validly obtained before each call is recorded or processed by the AI. The Service's built-in AI and recording disclosure is designed to facilitate this, but you bear ultimate responsibility for the legality of recordings made through your account.
6. AI-Specific Terms and Disclaimers
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT LIMITATIONS ON THE SERVICE'S AI CAPABILITIES.
6.1 AI Accuracy and Hallucination Risk
THE SERVICE USES ARTIFICIAL INTELLIGENCE THAT GENERATES OUTPUTS PROBABILISTICALLY. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR CORRECTNESS OF ANY AI-GENERATED CONTENT. AI-GENERATED CONTENT MAY CONTAIN ERRORS, FABRICATIONS, AND FACTUAL INACCURACIES ("HALLUCINATIONS"). YOU AGREE TO INDEPENDENTLY VERIFY ALL AI-GENERATED CONTENT BEFORE RELYING ON IT.
6.2 No Professional Advice
THE AI DOES NOT PROVIDE PROFESSIONAL ADVICE OF ANY KIND.
No AI output constitutes plumbing, HVAC, electrical, engineering, legal, medical, financial, or other professional advice. The AI does not make binding commitments, price quotes, scheduling confirmations, or service guarantees on your behalf. You bear sole responsibility for all professional services and representations made to your customers.
6.3 Air Canada Precedent Acknowledgment
You acknowledge the holding in Moffatt v. Air Canada (2024), in which a tribunal held that a business is legally responsible for information its virtual agent communicates to customers, regardless of whether that information is accurate. You accept that you--not us--bear responsibility for information the AI communicates to your callers.
6.4 AI Model Changes
We may modify, update, or replace the underlying AI models at any time. We will use commercially reasonable efforts to avoid material degradation of functionality. Changes to or discontinuation of third-party AI models are outside our control and do not constitute a breach of these Terms.
6.5 Third-Party AI Dependencies
The Service depends on Third-Party AI Providers. We are not responsible for outages, degraded performance, or reduced accuracy caused by third-party failures. We will use commercially reasonable efforts to maintain redundancy and implement failover.
6.6 Caller and Visitor Pass-Through Disclosure
You agree to inform your Callers, Visitors, and customers that:
- They are interacting with an AI system;
- AI responses should not be relied upon without your verification; and
- We bear no direct liability to Callers or Visitors.
You shall not represent AI-Generated Content as human-generated.
7. Data, Privacy, and CIPA Compliance
7.1 Your Data Ownership
You own all Customer Data, including all Chat Data, Call Data, recordings, transcripts, and raw data. We receive only a limited license to process your data to provide the Service and to maintain the archive described in Section 7.6.
7.2 No Model Training on Your Data
WE WILL NOT USE YOUR CUSTOMER DATA, CHAT DATA, CALL DATA, CALL RECORDINGS, CHAT OR CALL TRANSCRIPTS, OR AI-GENERATED CONTENT TO TRAIN, FINE-TUNE, IMPROVE, BENCHMARK, OR DEVELOP OUR AI MODELS OR ANY THIRD-PARTY AI MODELS.
This prohibition applies regardless of anonymization or aggregation. We may use aggregated, de-identified usage metrics (call and conversation volumes, response times, error rates) solely for improving Service performance, only with your prior written consent, revocable at any time. This provision is intended to establish that we operate as your agent--not as a third-party eavesdropper--under California Penal Code Section 631 (CIPA) and analogous state wiretapping statutes.
7.3 Agency for Call and Chat Handling
For the limited purpose of answering and processing inbound calls and website chat conversations on your behalf, we act as your authorized agent. Our access to Call Data and Chat Data is performed exclusively at your direction and for your benefit.
7.4 Data Isolation
We maintain technical measures to logically isolate your data from other customers' data and from our own model training pipelines.
7.5 Data Security
We implement commercially reasonable security measures including: encryption in transit (TLS 1.2+) and at rest (AES-256), role-based access controls, audit logging, and regular security assessments. We will notify you of any security incident affecting your data within 72 hours of detection.
7.6 Data Retention and Archive
We retain all Call Data and Chat Data--including call recordings, call and chat transcripts, and AI-Generated Content--for four (4) years from the date of each call or chat conversation. This retention period applies regardless of whether your subscription remains active. This archive is provided as a feature of the Service to assist you with compliance and business continuity. After the four-year retention period, we reserve the right to permanently delete the data without further notice.
We may move archived Call Data and Chat Data to cold storage (reduced-access infrastructure) after thirty (30) days of inactivity. Data in cold storage remains available but may require up to 24 hours for retrieval.
You may view your Chat Data in the Service dashboard and export your Call Data and the lead details captured from chat conversations at any time while your subscription is active. We strongly recommend periodic exports for your own records. While we use commercially reasonable efforts to maintain the archive, we are not a dedicated data backup service and the archive is provided on a best-efforts basis (see Section 10.5).
7.7 Archive Access After Cancellation
If you cancel your subscription, your access to the live Service dashboard will cease at the end of the current billing period. However, your archived Call Data and Chat Data will continue to be retained for the remainder of the four-year retention period applicable to each call or conversation. You may request retrieval of archived data for legal or audit purposes by contacting contact@orsyle.com. Retrieval requests for former subscribers may be subject to a reasonable administrative fee as published on our website at the time of the request.
7.8 Privacy Policy
Our collection and use of personal information is also governed by our Privacy Policy, which is incorporated by reference.
7.9 CCPA / State Privacy Law Compliance
Where the California Consumer Privacy Act (CCPA) or analogous state privacy laws apply: (a) we act as your "service provider" (or equivalent designation); (b) we will not sell, share, or use personal information for any purpose other than providing the Service and maintaining the archive; and (c) we will reasonably assist you in responding to consumer data requests.
8. Acceptable Use Policy
8.1 Prohibited Uses
You agree NOT to use the Service to:
- Initiate outbound calls, callbacks, or text messages without the required consent and a separate outbound authorization from us;
- Clone, impersonate, or synthesize any person's voice without that person's express written consent;
- Make binding commitments, contracts, price quotes, or warranties through the AI without human confirmation;
- Provide professional advice of any kind through the AI;
- Collect sensitive data (SSNs, payment cards, bank account numbers, health information) through the AI without implementing appropriate compliance measures;
- Represent AI-Generated Content as human-generated or conceal the use of AI from Callers or Visitors;
- Install the virtual agent on websites you do not own or are not authorized to control;
- Circumvent or attempt to circumvent conversation allowances, rate limits, bot-verification checks, or other anti-abuse controls;
- Use the Service for harassment, threats, discrimination, fraud, or any unlawful purpose;
- Attempt to reverse-engineer, extract, or replicate the AI models or algorithms;
- Interfere with, disrupt, or overload the Service or its infrastructure;
- Use the Service in any high-risk application where AI failure could result in bodily injury, death, or property damage.
8.2 Enforcement
We may suspend or terminate your account for material AUP violations. Except where immediate action is necessary, we will provide notice and a reasonable opportunity to cure.
9. Warranties and Disclaimers
9.1 Our Limited Warranty
We warrant that the Service will perform materially in accordance with our published documentation during your subscription. Your sole remedy for a breach of this warranty is our re-performance of the Service or, if we cannot cure within thirty (30) days, termination with a pro-rata refund.
9.2 AI Output Disclaimer
THE WARRANTY IN SECTION 9.1 DOES NOT APPLY TO AI-GENERATED CONTENT. ALL AI-GENERATED CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO AI-GENERATED CONTENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT AI-GENERATED CONTENT WILL BE ERROR-FREE, COMPLETE, OR FREE OF HALLUCINATIONS.
9.3 General Disclaimer
EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION 9.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO ADDITIONAL WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION.
9.4 Third-Party and Archive Disclaimer
WE DISCLAIM ALL LIABILITY FOR THIRD-PARTY SERVICES, INTEGRATIONS, AND AI PROVIDERS.
Third-party services are subject to their own terms. The archive described in Section 7.6 is provided as a convenience and on a commercially reasonable best-efforts basis. We do not warrant that archived data will be available, complete, or uncorrupted at all times.
10. Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU.
10.1 Liability Cap
EXCEPT AS SET FORTH IN SECTIONS 10.3, 10.4, AND 10.5, OUR TOTAL AGGREGATE LIABILITY TO EACH CUSTOMER ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED, ON A PER-CUSTOMER BASIS, THE GREATER OF (A) THE TOTAL FEES PAID BY THAT CUSTOMER TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM (THE "GENERAL CAP"), OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS CAP APPLIES TO ALL CLAIMS BY A GIVEN CUSTOMER IN THE AGGREGATE, NOT PER INCIDENT. FOR THE AVOIDANCE OF DOUBT, THE GENERAL CAP IS CALCULATED SEPARATELY FOR EACH CUSTOMER AND DOES NOT REPRESENT A TOTAL AGGREGATE CAP ACROSS ALL CUSTOMERS.
10.2 Exclusion of Damages
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3 Enhanced Cap for Data Obligations
Our liability for breaches of Section 7 (Data, Privacy, and CIPA Compliance)--excluding archive-related claims covered by Section 10.5--is subject to an enhanced cap of TWO TIMES (2x) the General Cap (i.e., twenty-four months of fees), calculated on a per-Customer basis.
10.4 Uncapped Obligations
The caps in this Section 10 do not apply to: (a) our indemnification obligations under Section 11.1; (b) either party's fraud, gross negligence, or willful misconduct; or (c) your obligation to pay fees.
10.5 Archive and Data Loss Limitation
THE ARCHIVE DESCRIBED IN SECTION 7.6 IS PROVIDED ON A COMMERCIALLY REASONABLE BEST-EFFORTS BASIS.
We are not liable for loss, corruption, or unavailability of archived Call Data or Chat Data caused by: (a) failures of third-party storage infrastructure; (b) force majeure events; (c) cyberattacks beyond our reasonable control; or (d) data degradation inherent in long-term storage. In the event of accidental deletion or loss of archived data, our sole liability and your sole remedy is a pro-rata refund of the fees attributable to the affected month of service.
10.6 AI-Specific Exclusions
Without limiting the above, we are not liable for:
- Hallucinations, inaccuracies, or errors in AI-Generated Content;
- Your or any third party's reliance on AI-Generated Content without independent verification;
- Commitments, quotes, or warranties purportedly made by the AI on your behalf;
- Caller or Visitor claims arising from AI interactions;
- Your failure to implement human oversight;
- Third-Party AI Provider outages or failures.
10.7 Essential Basis
These limitations reflect a reasonable allocation of risk and are an essential basis of these Terms. They apply even if a limited remedy fails its essential purpose.
11. Indemnification
11.1 Our Indemnification of You
We will defend, indemnify, and hold you harmless from third-party claims that the Service (excluding your data and configurations) infringes a U.S. patent, copyright, or trademark, or from data breaches caused by our negligence. If the Service becomes subject to an infringement claim, we may modify or replace it, or terminate your subscription with a pro-rata refund.
11.2 Your Indemnification of Us
You will defend, indemnify, and hold us harmless from third-party claims arising from:
- Your misuse of the Service or violation of these Terms;
- Your failure to comply with the TCPA, the Telemarketing Sales Rule, or their implementing regulations;
- Your failure to comply with federal and state call recording, wiretapping, bot-disclosure, or AI disclosure laws;
- Your data, content, configurations, or business practices;
- Caller, Visitor, or end-user claims arising from your failure to verify AI-Generated Content, implement human oversight, or disclose AI interaction;
- Your outbound calling without required consents.
11.3 Procedure
The indemnified party must give prompt written notice, grant the indemnifying party control of the defense (with consent required for any settlement imposing obligations), and provide reasonable cooperation. Failure to give prompt notice only reduces the indemnifying party's obligation to the extent of actual prejudice.
12. Intellectual Property
12.1 Our IP
We own the Service, AI models, algorithms, software, and documentation. These Terms do not transfer any ownership to you.
12.2 Your Data
You retain ownership of all Customer Data. We claim no ownership rights in your data.
12.3 AI-Generated Content
As between us, you are assigned whatever rights may exist in AI-Generated Content created through your use of the Service, to the maximum extent permissible by law. We make no warranty regarding the copyrightability of AI-Generated Content. Regardless, AI-Generated Content created for you is treated as your confidential information.
12.4 Feedback
If you provide suggestions or feedback about the Service, we may use it without restriction. Feedback does not include your Customer Data or Call Data.
13. Confidentiality
Each party will hold the other's confidential information in strict confidence, use it only as needed to perform under these Terms, and not disclose it to third parties except to employees and contractors with a need to know who are bound by confidentiality obligations. All Call Data and Chat Data is treated as your confidential information. Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from a third party. Disclosure may be made as required by law with prompt notice.
14. Service Levels
14.1 Uptime
We target 99.9% monthly uptime. If we fall short, you may request service credits: 10% of monthly fees for 99.0-99.9% uptime, 25% for 95.0-99.0%, and 50% below 95%. Credits are capped at 100% of the affected month's fees, are your sole remedy for downtime, and must be requested within 30 days.
14.2 Exclusions
Uptime calculations exclude: scheduled maintenance (with 48 hours' notice), Third-Party AI Provider outages, force majeure, your connectivity issues, and beta features.
15. Dispute Resolution and Governing Law
15.1 Governing Law
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles.
15.2 Arbitration
ANY DISPUTE ARISING FROM THESE TERMS SHALL BE RESOLVED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION.
The seat of arbitration shall be Sheridan, Wyoming. However, all arbitration hearings, conferences, and proceedings shall be conducted remotely by videoconference unless both parties expressly agree in writing to an in-person proceeding, or the arbitrator determines that an in-person hearing is necessary for the fair resolution of the dispute. The arbitrator shall have discretion to order any combination of remote and in-person proceedings as the interests of justice require. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Each party bears its own costs; the arbitrator shall allocate filing fees equitably.
15.3 Class Action Waiver
YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
15.4 Exceptions
Either party may seek injunctive or equitable relief in any court of competent jurisdiction for claims involving intellectual property infringement, confidentiality breaches, or data security. Small claims court actions in your county of residence are also exempt from arbitration. Any court proceedings under this Section 15.4 may likewise be conducted by videoconference to the extent permitted by the applicable court's rules.
15.5 Pre-Arbitration Negotiation
Before initiating arbitration, the parties shall attempt good-faith negotiation for thirty (30) days following written notice of the dispute.
16. Term and Termination
16.1 Term
These Terms take effect when you create an account and continue until terminated.
16.2 Your Termination
You may terminate at any time by canceling your subscription through your account dashboard or by contacting contact@orsyle.com. Cancellation takes effect at the end of the current billing period. You may also cancel during the free trial period at no charge, as described in Section 4.5.
16.3 Our Termination
We may terminate or suspend your account: (a) immediately for material breach, including AUP violations; (b) upon thirty (30) days' notice for any reason; or (c) immediately if required by law or if a Third-Party AI Provider discontinues service. If we terminate without cause under (b), we will provide a pro-rata refund of prepaid fees.
16.4 Effect of Termination
Upon termination:
- Your access to the live Service dashboard ceases at the end of the current billing period;
- You must pay all accrued fees;
- Your archived Call Data and Chat Data will continue to be retained in accordance with Section 7.6;
- You may request archive retrieval in accordance with Section 7.7; and
- Sections 2, 6, 7.2, 7.6, 7.7, 9.2, 9.3, 9.4, 10, 11, 12, 13, 15, and 17 survive termination.
17. General Provisions
17.1 Changes to Terms
We may update these Terms by posting the revised version on our website with the "Last Updated" date changed. Material changes take effect thirty (30) days after posting or notice. Continued use after the effective date constitutes acceptance. If you disagree with changes, your remedy is to cancel your subscription before the effective date.
17.2 Force Majeure
Neither party is liable for failure or delay caused by events beyond reasonable control, including natural disasters, government actions, pandemics, internet failures, and AI-specific events such as: deprecation of Third-Party AI models or APIs; unilateral changes to AI provider terms or rate limits; government restrictions on AI operations; and large-scale AI-targeted cyberattacks. If force majeure persists for 60+ days, either party may terminate with a pro-rata refund.
17.3 Regulatory Changes
We may modify the Service as necessary to comply with new laws or regulations.
17.4 Assignment
You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
17.5 Entire Agreement
These Terms, together with our Privacy Policy and any Order Forms, constitute the entire agreement and supersede all prior agreements.
17.6 Severability
If any provision is held unenforceable, the remaining provisions continue in full force.
17.7 Waiver
No waiver is effective unless in writing. Failure to enforce any right is not a waiver.
17.8 Notices
We may send notices to the email address on your account. You may send notices to contact@orsyle.com or by mail to Pharsale LLC, 1309 Coffeen Avenue STE 1200, Sheridan, Wyoming 82801.
17.9 Independent Contractors
We are independent contractors, not partners, joint venturers, or employer-employee.
17.10 Third-Party Beneficiaries
There are no third-party beneficiaries to these Terms.
18. Contact Information
Pharsale LLC d/b/a Orsyle
- 1309 Coffeen Avenue STE 1200, Sheridan, Wyoming 82801
- Email: contact@orsyle.com
- Phone: +1 307 218 3046
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.