Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Banana Intelligence, LLC ("Company," "we," "us," or "our") governing your use of the Sticky Calls API service ("Service") available at https://stickycalls.com and https://api.stickycalls.com.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

2. Description of Service

Sticky Calls is a call memory API service that enables contact centers to identify returning callers and retrieve conversation context across multiple interactions. The Service provides:

• RESTful API endpoints for caller identification and context management
• Multi-signal confidence scoring for caller matching
• Storage and retrieval of customer context, variables, and intent data
• Usage tracking and credit management
• API key management and authentication

The Service is provided on an "as-is" and "as-available" basis without warranties of any kind.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing a valid email address. You represent and warrant that:

• All information you provide is accurate and current
• You have the legal authority to enter into this agreement
• You are at least 18 years of age
• You will maintain the security of your account credentials

3.2 API Keys

You are responsible for maintaining the confidentiality of your API keys. You agree to:

• Keep API keys secure and not share them with unauthorized parties
• Immediately notify us of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

We are not liable for any losses resulting from unauthorized use of your API keys.

3.3 Account Suspension

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Excessive API usage that degrades service for other customers

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to:

• Use the Service solely for managing call memory and customer context
• Comply with all applicable laws and regulations
• Obtain all necessary consents before transmitting customer data
• Respect rate limits and usage quotas for your tier

4.2 Prohibited Use

You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Transmit any viruses, malware, or malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble the Service
• Use the Service to harass, abuse, or harm others
• Transmit sensitive personal information (SSNs, credit card numbers, health records) unless you have explicit authorization and appropriate security measures
• Scrape, spider, or crawl the Service
• Circumvent rate limits or usage restrictions
• Resell or redistribute the Service without written authorization
• Use the Service in any way that could damage, disable, or impair our servers

4.3 Enforcement

Violation of the Acceptable Use Policy may result in immediate account termination without refund. We reserve the right to investigate and prosecute violations to the fullest extent of the law.

5. Data and Privacy

5.1 Your Data

You retain all rights to the data you transmit through the Service ("Customer Data"). By using the Service, you grant us a limited license to:

• Store, process, and transmit Customer Data as necessary to provide the Service
• Use aggregated, anonymized data for analytics and service improvement

5.2 Your Responsibilities

You are solely responsible for:

• Ensuring you have the legal right to transmit Customer Data to our Service
• Obtaining all necessary consents from individuals whose data you transmit
• Compliance with data protection laws (GDPR, CCPA, etc.)
• Accuracy and legality of Customer Data
• Not transmitting data you are not authorized to share

We are not responsible for your use of Customer Data or your compliance with applicable laws.

5.3 Data Deletion

Customer Data is retained according to the TTL (time-to-live) settings you specify, with a maximum default retention of 30 days. You may request deletion of your data at any time by contacting nate@bananaintelligence.ai. We will delete your data within 30 days, except for data we are legally required to retain.

5.4 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6. Billing and Payments

6.1 Pricing and Tiers

The Service is offered in multiple pricing tiers (Free, Starter, Growth, Scale) with different credit allowances and rate limits. Current pricing is available at https://stickycalls.com/dashboard/billing.

We reserve the right to change pricing at any time. Existing subscribers will be notified 30 days before price changes take effect.

6.2 Billing

Paid subscriptions are billed monthly or annually in advance via Stripe. By subscribing, you authorize us to charge your payment method:

• At the beginning of each billing period
• For any overage charges (if applicable)
• For any applicable taxes

6.3 Credits

API calls are charged in credits. Credits reset at the beginning of each billing period and do not roll over. Unused credits expire at the end of the billing period.

6.4 Failed Payments

If a payment fails:

• We will attempt to re-charge your payment method
• Your account may be suspended if payment remains unsuccessful after 7 days
• Your data will be retained for 30 days after suspension to allow for payment resolution
• After 30 days, your account and data may be permanently deleted

6.5 Refunds

Refunds are provided at our sole discretion and only in the following circumstances:

• Service Unavailability: If we are unable to provide the Service as described in these Terms for more than 24 consecutive hours, you may receive a pro-rated refund for the affected period
• Billing Errors: If you are charged incorrectly due to our error

Refunds are NOT provided for:

• Account termination for Terms violations
• Unused credits
• Voluntary cancellations
• Dissatisfaction with the Service
• Change of mind

The maximum refund available is a pro-rated amount for the current billing period. We do not issue refunds for previous billing periods.

6.6 Cancellation

You may cancel your subscription at any time through the dashboard. Cancellations take effect at the end of the current billing period. You will retain access to the Service and your credits until the end of the billing period. No refunds are provided for cancellations.

7. Service Level and Availability

7.1 No Service Level Agreement (SLA)

We do not guarantee any specific uptime or availability for the Service. The Service is provided "as-is" and may be unavailable due to:

• Scheduled maintenance
• Unscheduled outages or technical issues
• Third-party service failures (hosting providers, payment processors)
• DDoS attacks or security incidents
• Force majeure events

7.2 No Support SLA

We do not guarantee any specific response time for support requests. Support is provided on a best-effort basis via email at nate@bananaintelligence.ai.

7.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modifications, suspensions, or discontinuations.

8. Intellectual Property

8.1 Our Rights

The Service, including all software, APIs, documentation, and content, is owned by Banana Intelligence, LLC and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

8.2 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer or attempt to extract source code
• Remove or alter any proprietary notices
• Use our trademarks or branding without permission

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without restriction or compensation to you.

9. Disclaimers and Limitations of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF RESULTS
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANANA INTELLIGENCE, LLC SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• SERVICE INTERRUPTIONS OR DOWNTIME
• ERRORS, BUGS, OR SECURITY VULNERABILITIES
• UNAUTHORIZED ACCESS TO YOUR DATA
• THIRD-PARTY ACTIONS OR FAILURES

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we were advised of the possibility of such damages.

9.3 Exclusions

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Banana Intelligence, LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Customer Data you transmit through the Service
• Your failure to obtain necessary consents

11. Term and Termination

11.1 Term

These Terms begin when you first use the Service and continue until terminated.

11.2 Termination by You

You may terminate your account at any time by canceling your subscription and deleting your account through the dashboard or by contacting nate@bananaintelligence.ai.

11.3 Termination by Us

We may terminate or suspend your account immediately, without notice, for any reason, including:

• Violation of these Terms
• Non-payment of fees
• Fraudulent, abusive, or illegal activity
• At our discretion, for any reason or no reason

Termination for Terms violations will result in no refund.

11.4 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• Your API keys will be revoked
• Your data will be retained for 30 days, then deleted
• Unpaid fees remain due and payable
• Sections of these Terms that should survive termination will survive (e.g., disclaimers, limitations of liability, indemnification)

12. Dispute Resolution

12.1 Informal Resolution

Before filing a legal claim, you agree to contact us at nate@bananaintelligence.ai to attempt to resolve the dispute informally for at least 30 days.

12.2 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

12.3 Arbitration

Any disputes arising from these Terms or the Service will be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except as provided below.

12.4 Exceptions to Arbitration

Either party may bring a claim in small claims court if it qualifies. Additionally, either party may seek injunctive relief in court to prevent infringement of intellectual property rights.

12.5 Class Action Waiver

YOU AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND MAY NOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Banana Intelligence, LLC regarding the Service.

13.2 Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date
• Sending an email notification for significant changes

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

13.3 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

13.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.5 No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

13.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

13.7 Export Controls

You agree to comply with all applicable export and import control laws and regulations in your use of the Service.

13.8 Third-Party Services

The Service may integrate with third-party services (Auth0, Stripe, Google Cloud Platform). We are not responsible for the availability, functionality, or terms of third-party services.

14. Contact Information

If you have questions about these Terms, contact us: