Terms and Conditions

1. Definitions

The following terms have the meanings set forth below when used in these Terms:

• "Customer" or "Business Customer" - The business owner or entity that subscribes to Carima's services to manage their communications and customer relationships
• "End User" or "Participant" - An individual who interacts with a Customer's business through Carima-powered services (e.g., booking appointments, receiving calls)
• "Services" - All products, features, and functionalities provided by Carima, including the AI voice assistant, CRM, unified inbox, and integrations
• "Personal Data" - Any information relating to an identified or identifiable natural person, as defined by applicable data protection laws
• "AI Services" - Carima's artificial intelligence features, including voice assistants, transcription, automated responses, and AI-generated insights
• "Content" - Any data, text, audio, or other materials uploaded, transmitted, or generated through the Services

2. Acceptance of Terms

By accessing or using Carima.ai, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services. These Terms apply to both Business Customers and End Users/Participants. If you use Carima POS, our point-of-sale product, the Carima POS Terms of Service at /pos-terms also apply and prevail for that product where they differ from these Terms.

3. Description of Service

Carima.ai provides an AI-powered communication platform that includes:

• Unified inbox for managing communications across multiple channels
• AI voice assistant for inbound and outbound calls
• CRM automation and customer relationship management
• Social media integration (WhatsApp, Telegram, Instagram, TikTok)
• SMS/MMS messaging services
• Voice transcription and analytics

AI Interactions and Recording Consent: You acknowledge and agree that some communications, including voice calls and customer support chats, may be generated by Artificial Intelligence (AI) systems. Automated voice calls will commence with a disclosure of their artificial nature as required by law (e.g., California AB 2905). By using the Services, you explicitly consent to the recording, storage, transcription, and analysis of your interactions, including voice calls and website session data, for quality assurance, training, and service improvement purposes.

4. User Responsibilities

You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Use the service in compliance with all applicable laws
• Not use the service for spam, harassment, or illegal activities
• Not use the service to send content related to Sex, Hate, Alcohol, Firearms, and Tobacco (SHAFT), or any content related to high-risk financial services (e.g., payday loans, debt collection, get-rich-quick schemes). Carima reserves the right to immediately terminate any account found violating these content restrictions without refund
• Obtain proper consent before recording or processing third-party communications
• Comply with all telecommunications regulations in your jurisdiction

5. SMS/MMS Terms

If you use our SMS/MMS services:

• You consent to receive automated messages related to our services
• Message frequency varies based on user interaction. You will receive messages only when triggered by your account activity (e.g., login attempts, appointment reminders)
• Message and data rates may apply
• You can opt-out by replying STOP to any message
• For help, reply HELP or contact support@carima.ai
• Carriers are not liable for delayed or undelivered messages
• We do not send marketing messages. All SMS communications are transactional and related to your use of our services

6. Subscription, Billing, and Payment

Access to Carima's services requires a paid subscription unless otherwise specified.

• Fees are charged based on the subscription plan selected at the time of sign-up
• Billing occurs on a recurring basis (monthly or annually) depending on your chosen plan
• Subscriptions auto-renew at the end of each billing cycle unless cancelled before the renewal date
• You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period
• Refunds are not provided for partial billing periods unless required by applicable law
• We reserve the right to change pricing with at least 30 days' prior notice. Continued use after the effective date constitutes acceptance of the new pricing
• If a free trial is offered, it will convert to a paid subscription at the end of the trial period unless cancelled

7. Intellectual Property

All content, features, and functionality of Carima.ai are owned by us and protected by intellectual property laws. You may not copy, modify, or distribute our content without permission.

8. Data Processing

When Business Customers use Carima to process their End Users' personal data:

• The Business Customer acts as the data controller, and Carima acts as the data processor
• Carima processes End User data only on behalf of and per the instructions of the Business Customer
• Business Customers are responsible for ensuring they have a lawful basis to collect and process their End Users' data through Carima
• A Data Processing Agreement (DPA) is available upon request for Business Customers who require one for GDPR, KVKK, or other regulatory compliance
• Our sub-processor list is available in our Privacy Policy and upon request

9. Limitation of Liability and AI Disclaimer

To the maximum extent permitted by law, Carima.ai shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services. In no event shall our total liability exceed the amount you paid to Carima in the twelve (12) months preceding the claim.

AI Services Disclaimer: Carima's AI-powered services, including voice assistants and transcription, are provided on an "as is" basis. We do not guarantee the accuracy, completeness, or reliability of AI-generated content, including voice call transcriptions, chatbot responses, or any automated recommendations. You acknowledge that AI systems may produce errors, inaccuracies, or unexpected outputs ("hallucinations") and agree to verify critical information through independent means before relying on it for important decisions. You assume all risk associated with reliance on AI-generated content.

10. Termination

We may terminate or suspend your access to our services at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or us.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes via email or through our application. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

12. Governing Law

These Terms shall be governed by the laws of the State of Arizona, United States, without regard to its conflict of law provisions.

Regional Provisions: If you are located in the EU/EEA, nothing in these Terms affects your rights under mandatory consumer protection laws of your country of residence. If you are in Turkey, you retain all rights under the Turkish Commercial Code (Turk Ticaret Kanunu) and the Consumer Protection Law (Tuketici Koruma Kanunu). If you are in California, your rights under the California Consumer Privacy Act and other California consumer protection statutes are preserved.

13. Binding Arbitration and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of our services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall take place in Tucson, Arizona, and the arbitrator's decision shall be final and binding.

Opt-Out Right: You may opt out of this arbitration provision by sending written notice to support@carima.ai within thirty (30) days of first accepting these Terms. If you opt out, you and Carima will retain the right to litigate disputes in court. Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to: (i) participate in a class action lawsuit or class-wide arbitration against Carima; (ii) bring any claim on a class action basis or to utilize class action procedures; and (iii) bring any dispute in a purported representative capacity on behalf of the general public or any other persons. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. Note: This arbitration clause does not apply where prohibited by mandatory local law, including for consumers in the EU/EEA.

14. Indemnification

You agree to indemnify and hold harmless Carima, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of our services, your violation of these Terms, or your violation of any third-party rights.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet or telecommunications failures, or third-party service outages.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any applicable Data Processing Agreement, constitute the entire agreement between you and Carima regarding the use of our Services and supersede all prior agreements, understandings, and communications, whether written or oral.

18. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Carima may assign its rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms.

19. Notices

Legal notices to Carima should be sent to support@carima.ai or by mail to 1925 W River Rd Apt 11307, Tucson, AZ 85704. We may send notices to you via the email address associated with your account, through in-app notifications, or by posting updates on our website. Notices are deemed received when delivered by email, upon posting for in-app or website notices, or three (3) business days after mailing.

20. Waiver

The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by the waiving party to be effective.

21. Contact Information

For questions about these Terms, please contact us at support@carima.ai.