Welcome to Tuatara's website. These Terms of Service ("Terms") govern your access to and use of our website, services, and any associated applications (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service. 1. Acceptance of Terms By accessing or using the Service, you confirm that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are accessing or using the Service on behalf of a business or entity, you represent and warrant that you have the authority to bind that business or entity to these Terms. 2. Description of Service Tuatara provides a website and associated services that may include AI agent support, marketing communications, and other features. We may use third-party systems and services to assist in providing these features. 3. User Accounts 3.1 Registration: To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process. 3.2 Account Security: You are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account. 4. Data Collection and Use 4.1 Personal Data: We collect and process personal data as described in our Privacy Policy. By using our Service, you consent to such processing and you warrant that all data provided by you is accurate. 4.2 Marketing and Sales: We may use your personal data for marketing and sales purposes, including targeted advertising and communication about our products and services. 4.3 Third-Party Services: We may share your data with third-party service providers who assist us in providing the Service, including AI agent support systems. 4.4 TCPA Consent: By providing your telephone number and using our Service, you expressly consent to receive marketing and non-marketing communications from Tuatara and its partners via telephone calls, text messages, and artificial or pre-recorded voice messages. 4.5 Consent Revocation: You may revoke your consent to receive communications at any time by replying "STOP" to any text message or following the opt-out instructions provided in any communication. 5. User Conduct You agree not to use the Service: - In any way that violates any applicable federal, state, local, or international law or regulation - To transmit any material that is defamatory, obscene, invasive of another's privacy, or otherwise objectionable - To impersonate or attempt to impersonate Tuatara, a Tuatara employee, another user, or any other person or entity 6. Intellectual Property The Service and its original content, features, and functionality are and will remain the exclusive property of Tuatara and its licensors. The Service is protected by copyright, trademark, and other laws. 7. Disclaimer of Warranties 7.1 The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Tuatara makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, and accuracy of results. 7.2 Tuatara does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. 8. Limitation of Liability 8.1 To the fullest extent permitted by applicable law, in no event will Tuatara, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, regardless of legal theory, whether or not Tuatara has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose. 8.2 You agree that Tuatara's total liability in any case shall not exceed the amount you paid, if any, for use of the Service. 9. Indemnification You agree to defend, indemnify, and hold harmless Tuatara and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees). 10. Governing Law 10.1 These Terms shall be governed by and construed in accordance with the laws of the United States of America, without giving effect to any principles of conflicts of law. 10.2 For users residing in the United States, any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the federal and state courts located in the state of your residence at the time the dispute arises. 10.3 If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein. 10.4 These Terms constitute the entire agreement between you and Tuatara regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service. 12. Communications and TCPA Compliance 12.1 Express Written Consent: Tuatara obtains express written consent from users before sending any marketing communications via telephone, text message, or artificial/pre-recorded voice messages. 12.2 Disclosure: Our consent language clearly discloses: - The purpose of the communications (marketing and informational) - The use of automated technology, including artificial intelligence-generated voice - That consent is not required as a condition of purchasing goods or services - The identity of Tuatara and any third-party partners who may contact you 12.3 Opt-Out Mechanisms: We provide clear and easy-to-use opt-out mechanisms for all communications. Opt-out requests will be honored within 30 days and maintained for five years. 12.4 Do Not Call Compliance: Tuatara maintains and adheres to internal, state, and national Do Not Call registries. 12.5 Communication Hours: We will only initiate communications between 8:00 AM and 9:00 PM in the recipient's time zone. 12.6 Record Keeping: We maintain comprehensive records of user consent, including the date, time, and manner in which consent was obtained. 12.7 Third-Party Compliance: Any third-party partners engaged in communications on behalf of Tuatara are required to comply with these TCPA regulations. 13. TCPA Liability Limitation 13.1 While Tuatara strives for full TCPA compliance, users agree to limit Tuatara's liability for any TCPA violations to the minimum statutory damages per occurrence, not to exceed $500 per violation. 13.2 Users agree to resolve any TCPA-related disputes through binding arbitration on an individual basis, waiving the right to participate in class actions. 14. Changes to Terms We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes by posting the new Terms on this page. 15. Contact Us If you have any questions about these Terms, please contact us at support@gotuatara.com. By using our Service, you acknowledge that you have read and understood these Terms and agree to be bound by them.