Retell AI

The clause imposes arbitration, class-action waiver, or jury-trial waiver terms.

“16.1 Pre-Trial Dispute Resolution For all disputes, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 17.8 below. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in court. We each agree that if ...”

The clause imposes arbitration, class-action waiver, or jury-trial waiver terms.

“16.1 Pre-Trial Dispute Resolution For all disputes, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 17.8 below. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in court. We each agree that if ...”

The clause includes sublicensable, transferable, or assignable rights.

“10.2 Limited License Subject to your compliance with these Terms, Retell AI grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes. 10.3 User-Generated Content You retain ownership of any content you submit, upload, or provide to the Service, including software, text, audio, video, images, user-generated content, re...”

The clause includes sublicensable, transferable, or assignable rights.

“10.2 Limited License Subject to your compliance with these Terms, Retell AI grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes. 10.3 User-Generated Content You retain ownership of any content you submit, upload, or provide to the Service, including software, text, audio, video, images, user-generated content, re...”

The clause grants a broad content license.

“10.2 Limited License Subject to your compliance with these Terms, Retell AI grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes. 10.3 User-Generated Content You retain ownership of any content you submit, upload, or provide to the Service, including software, text, audio, video, images, user-generated content, re...”

Latest stance: training with opt out on training use

“If you do not opt-out of recording, you give Retell AI permission to record calls made using the Service and process communication data (“Communications”) and User Content for offering AI-powered analytics and the development, training, and improvement of artificial intelligence and machine learning models that are included in the Service. However, before being used for these purposes, the data will be de-identified and aggregated using commercially reasonable industry-standard technologies. Nothing in this section shall lessen or restrict your obligations under the applicable laws, as described in Section 4.”

Latest stance: training permitted on training use

“10.1 In General All rights, title, and interests in the Service, and any content contained herein made available by Retell AI, including without limitation, the platform, APIs, models, algorithms, data sets, databases, and all other intellectual property of Retell AI and all derivative works of thereof, are the exclusive property of Retell AI, except as otherwise stated. The Service is made available to you for your legitimate business use only. Retell AI and its licensors own this entire website, including the names, logos, trademarks, service marks (collectively, the “Marks”), and any related or underlying technology, except User Content. The Service’s content may also be covered by applicable copyright or other intellectual property laws and treaties. Without the prior written consent of Retell AI, you are not permitted to make use of any of its Marks. You are expressly prohibited from reverse engineering, decompiling, or otherwise attempting to derive source code or underlying models. Retell AI may collect and use aggregated and de-identified data derived from Customer’s and its consumer’s use of the Services for purposes of operating, improving, and developing the Services, provided such data cannot reasonably be used to identify Customer, its users, or any consumers. In addition to the foregoing, Customer shall not: (a) use AI-generated voices or content produced by the Services to train, improve, or develop models or services that compete with Retell AI; (b) scrape, crawl, or use any automated means to extract data, voice samples, model outputs, or other content from the Services; (c) remove, alter, or obscure any proprietary notices, watermarks, or attribution contained in or generated by the Services; (d) use the Services for benchmarking or competitive”

Latest stance: liability limited on indemnity liability

“Sections relating to Intellectual Property Rights, Indemnification, Limitation of Liability, Governing Law, Export Control, and any provisions which by their nature should survive, shall survive termination or expiration of this Agreement.”

Latest stance: sublicensable or transferable on prompt ownership

“10.2 Limited License Subject to your compliance with these Terms, Retell AI grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes. 10.3 User-Generated Content You retain ownership of any content you submit, upload, or provide to the Service, including software, text, audio, video, images, user-generated content, reviews, testimonials, forum posts, and social media posts (“User Content”). By submitting User Content, you grant Retell AI a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with the Service. 10.4 AI-Generated Content The ownership and intellectual property rights to any content generated by Retell AI’s models, algorithms, or AI systems in the provision of Services, including voice outputs, transcripts, summaries, and call analytics (“AI-Generated Content”), are subject to the following terms. Retell AI or its licensors retain ownership of the underlying AI models and algorithms used to generate the AI-Generated Content. You are granted a license to use the AI-Generated Content for Your personal or internal business purposes, subject to the restrictions outlined in these Terms. Customer acknowledges that AI-Generated Content may be similar or identical to content generated for other customers and that Customer has no claim to exclusivity in any AI-Generated Content.”

Latest stance: liability limited on indemnity liability

“The Services are not designed for use in connection withmedical, emergency, aviation, nuclear, or other inherently dangerous orsafety-critical environments, and Retell AI disclaims all liability for use ofthe Services in such contexts.”

Latest stance: arbitration or waiver on governing law disputes

“16.1 Pre-Trial Dispute Resolution For all disputes, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 17.8 below. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in court. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in-court claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement. 16.2 Class Action Waiver WE (YOU AND RETELL AI) EACH AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF A COURT DETERMINES IN AN ACTION BETWEEN YOU AND US THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE CLASS ACTION WAIVER WILL BE VOID AS TO YOU. 16.3 Jury Trial Waiver YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY. 16.4 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law provisions. 16.5 Exclusive Jurisdiction The state and federal courts in the State of Delaware, shall have exclusive jurisdiction to hear and determine any claims or disputes between the parties arising out of or relating to this Agreement.”

Latest stance: user retains rights on prompt ownership

“10.2 Limited License Subject to your compliance with these Terms, Retell AI grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes. 10.3 User-Generated Content You retain ownership of any content you submit, upload, or provide to the Service, including software, text, audio, video, images, user-generated content, reviews, testimonials, forum posts, and social media posts (“User Content”). By submitting User Content, you grant Retell AI a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with the Service. 10.4 AI-Generated Content The ownership and intellectual property rights to any content generated by Retell AI’s models, algorithms, or AI systems in the provision of Services, including voice outputs, transcripts, summaries, and call analytics (“AI-Generated Content”), are subject to the following terms. Retell AI or its licensors retain ownership of the underlying AI models and algorithms used to generate the AI-Generated Content. You are granted a license to use the AI-Generated Content for Your personal or internal business purposes, subject to the restrictions outlined in these Terms. Customer acknowledges that AI-Generated Content may be similar or identical to content generated for other customers and that Customer has no claim to exclusivity in any AI-Generated Content.”

Latest stance: liability limited on indemnity liability

“RETELL AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR, (B) ONE HUNDRED DOLLARS ($100) IF YOU ARE USING THE SERVICES UNDER A FREE TRIAL, PILOT, BETA PROGRAM, OR OTHER UNPAID ARRANGEMENT. THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS IN THIS SECTION SHALL NOT APPLY TO CUSTOMER’S INDEMNIFICATION OBLIGATIONS, BREACH OF THE ACCEPTABLE USE POLICY, OR VIOLATION OF INTELLECTUAL PROPERTY RIGHTS. SOME COUNTRIES AND STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE TERMS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, THESE TERMS ONLY LIMIT OUR RESPONSIBILITIES TO THE MAXIMUM EXTENT PERMISSIBLE IN YOUR COUNTRY OF RESIDENCE.”