Terms of Service | Malika Media

These Terms of Service ("Terms") govern your access to and use of the Malika Media website and AI voice agent services (the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old and authorized to enter into agreements on behalf of any business you represent. Use of the Services must comply with all applicable laws and professional regulations.

2. Services description

Malika Media designs, configures, and operates AI voice agents and related automation for businesses. Specific features, call volumes, integrations, and service levels depend on your selected package and signed service agreement ("Order").

3. Client responsibilities

Provide accurate business, scheduling, and pricing information.
Configure required call recording disclosures and obtain any consents required by law in your jurisdiction.
Comply with telemarketing, healthcare, legal advertising, consumer protection, and professional conduct rules that apply to your business.
Maintain the security of credentials and integrations you connect to the Services.

4. Acceptable use

Your use of the Services is also governed by our Acceptable Use Policy, which is incorporated into these Terms by reference.

5. Fees and payment

Fees, billing cadence, taxes, and refund policies are described in your Order. Unless stated otherwise, fees are non-refundable, due in advance, and subject to late charges if not paid when due.

6. No professional advice; no guarantee of results

The Services do not provide medical, dental, legal, financial, or other professional advice and are not a substitute for professional judgment. We do not guarantee any specific outcome, including call volume, bookings, conversions, or revenue. Results vary based on your business, market, configuration, and execution.

7. Third-party services

The Services rely on third-party providers (including telephony, AI models, calendar, CRM, and email/SMS vendors). We are not responsible for outages, errors, changes, or policies of these third parties.

8. Intellectual property

We retain all rights, title, and interest in the Services, including our software, prompts, configurations, documentation, and trademarks. You retain ownership of your business content and data. You grant us a limited license to use your content to provide and improve the Services.

9. Confidentiality

Each party will protect the other's non-public information disclosed in connection with the Services using at least a reasonable standard of care and only use it to perform its obligations under the Order.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MALIKA MEDIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless Malika Media and its affiliates from any third-party claims arising from your business content, your use of the Services in violation of law, or your breach of these Terms.

13. Term and termination

These Terms apply while you use the Services. Either party may terminate as described in your Order. We may suspend or terminate the Services for non-payment, breach, or unlawful use. Sections that by their nature should survive termination will survive.

14. Governing law and disputes

These Terms are governed by the laws of the jurisdiction stated in your Order, without regard to conflict-of-law rules. Disputes will be resolved in the courts or by the dispute mechanism stated in your Order.

15. Changes to the Terms

We may update these Terms from time to time. Updates take effect when posted, and continued use of the Services constitutes acceptance.

16. Contact

Questions about these Terms? Contact us at hello@malikamedia.com.