Terms of Service

Last updated: May 22, 2026

These Terms of Service ("Terms") govern your access to and use of the Nixflex platform operated by Nixflex Enterprises LLC, a United States limited liability company with operations in the United Kingdom ("Nixflex", "we", "us", "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Nixflex is a voice AI platform that enables developers and businesses ("Customer", "you") to build, deploy, and manage AI agents that handle inbound and outbound phone calls. The Service is accessible via our API, the dashboard at dashboard.nixflex.com, and supporting documentation.

Nixflex provides the technology infrastructure. Customers create their own agent prompts, choose voices and configurations, connect their own phone numbers, and decide who their agents call. Customers are fully responsible for how the Service is used under their account.

2. Account registration

To use the Service, you must:

• Be at least 18 years old and legally capable of entering into a binding contract
• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials and API keys
• Promptly notify us of any unauthorised access at support@nixflex.com

You are responsible for all activity that occurs under your account, including activity by anyone you grant access to your account or API keys.

3. Acceptable use

You agree NOT to use the Service to:

• Make calls that violate any applicable law, including telemarketing, consumer protection, anti-fraud, or privacy laws
• Make calls to numbers on the UK Telephone Preference Service (TPS), Corporate Telephone Preference Service (CTPS), the US National Do Not Call Registry, or equivalent registers without valid prior consent
• Impersonate any person, business, or government entity, or misrepresent your affiliation with any of them
• Send or facilitate spam, scams, phishing, harassment, threats, or fraudulent content
• Generate content that is illegal, harmful, defamatory, obscene, sexually explicit, exploitative of minors, or that incites violence, hatred, or discrimination
• Use the Service for voice cloning of any person without their explicit, documented consent
• Attempt to extract, reverse engineer, decompile, or replicate the source code, machine-learning models, prompts, or algorithms underlying the Service
• Resell, sublicense, rent, lease, or white-label the Service without a written agreement with us
• Make calls to or otherwise target minors
• Circumvent rate limits, security measures, authentication, billing, or technical restrictions
• Use the Service in any manner that could damage, disable, overburden, or impair our infrastructure or any third-party infrastructure we depend on
• Use the Service to develop, train, or improve a competing product or service

4. Customer prompts and content

Nixflex gives Customers full creative control over how their AI agents speak and behave through the prompts and instructions you write. You decide what your agent says, asks, and offers.

With that control comes responsibility. You are solely responsible for the content, conduct, and outputs of your AI agents. This includes any responses generated by the AI based on your prompts, the data your agents collect, and any consequences of those responses for end-users or third parties.

We do not actively monitor the content of your calls or prompts and have no obligation to do so. However, if we become aware — through abuse reports, security alerts, legal requests, billing irregularities, or otherwise — that an account is being used for illegal, fraudulent, abusive, or harmful purposes, or in breach of these Terms, we reserve the right to suspend or terminate the account immediately, preserve and disclose information to relevant authorities as required by law, and cooperate fully with any investigation.

5. AI disclosure, consent, and call recording

You are solely responsible for ensuring that every call made or received through the Service complies with the laws of every jurisdiction involved. This includes, without limitation:

• AI disclosure: Disclosing at the start of each call that the caller is interacting with an AI, in a clear and distinguishable manner. This is a legal requirement under the EU AI Act Article 50 (effective 2 August 2026), Florida's Voice AI Protection Act, California SB 942, and is strongly recommended in all other jurisdictions including the UK and GCC.
• Call recording disclosure: Notifying parties that calls may be recorded where required (most US states, the EU, the UK, and the GCC). In two-party-consent US states, all parties must consent to recording.
• Prior consent for marketing calls: Obtaining valid, informed, opt-in consent before placing automated marketing calls. This includes compliance with the UK Privacy and Electronic Communications Regulations (PECR), the US Telephone Consumer Protection Act (TCPA), the EU ePrivacy Directive, and equivalent laws in the GCC and elsewhere.
• Do-not-call registries: Screening outbound call lists against TPS/CTPS (UK), the US National Do Not Call Registry, and similar registers in every jurisdiction you operate in.
• Auditable records: Maintaining records of consent capture and AI disclosure that are auditable and machine-queryable, in a form sufficient to demonstrate compliance to regulators on request.

Nixflex is a technology provider. We do not select call recipients, draft prompts on your behalf, or initiate calls except as instructed by you. You are the controller of all call activity originating from your account. All regulatory penalties, fines, settlements, or enforcement costs arising from your call activity — including PECR fines that may now reach the higher UK GDPR ceilings, TCPA statutory damages, and equivalent penalties under EU, US state, or GCC law — are your sole responsibility.

6. Customer content and data

You retain all rights to the content you submit to the Service, including agent prompts, configurations, uploaded data, call recordings, and transcripts ("Customer Content"). You grant Nixflex a limited, non-exclusive, worldwide, royalty-free licence to use, process, store, transmit, and display Customer Content solely to provide, maintain, and improve the Service.

We may use aggregated and de-identified data derived from Customer use of the Service to operate, improve, and develop the Service. We do not use Customer Content, call recordings, or transcripts to train AI models.

You represent and warrant that you have all rights, consents, and authorisations necessary for Nixflex to process Customer Content as contemplated by these Terms.

Upon account termination, your Customer Content will be deleted in accordance with our Privacy Policy, subject to any legal retention requirements. We have no obligation to retain, export, or return Customer Content after termination, and we recommend you export any data you wish to keep before closing your account.

7. Third-party services

The Service depends on a number of third-party providers including telephony, speech-to-text, AI language models, text-to-speech, hosting, payments, and email delivery. Each provider operates under its own terms and privacy policy. We do not control these providers and are not liable for their performance, availability, pricing changes, data handling, security incidents, or compliance.

Customers bring their own telephony account (such as Twilio). Charges from your telephony provider — including call origination, termination, number provisioning, and any compliance registrations (such as US A2P 10DLC for SMS) — are your responsibility and paid directly to that provider. Suspensions, terminations, or restrictions imposed by your telephony provider are outside our control.

8. Billing and payment

The Service is billed at the rates published on nixflex.com (currently $0.08 per minute of call usage as of the last update of these Terms). Usage is calculated per second and aggregated to the nearest fraction of a minute.

Payment is processed by our third-party payment provider. By providing payment information, you authorise us to charge your selected payment method for usage and any applicable fees. You are responsible for keeping payment information current. Failed payments may result in service suspension after reasonable notice.

All fees are exclusive of any applicable taxes, levies, or duties, which are your responsibility. Prices may change. We will notify you at least 30 days before any price increase takes effect for your account. All payments are non-refundable except where required by law.

9. Free credit and trials

We may offer free credit to new accounts. Free credit has no cash value, is non-transferable, expires according to its terms, and may be modified, suspended, or revoked at any time. Free credit is intended for evaluating the Service in good faith; abuse — including creating multiple accounts to obtain additional credit — may result in account termination and forfeiture of all credit.

10. Termination

You may close your account at any time from your dashboard.

We may suspend or terminate your account immediately, with or without notice, if you (a) violate these Terms, (b) fail to pay amounts due, (c) engage in fraudulent or illegal activity, (d) pose a security or legal risk to us, our users, or any third party, (e) abuse the Service in a way that risks the integrity of our infrastructure, or (f) we are required to do so by law or by a third-party provider we depend on.

Upon termination, your access to the Service ends immediately. We may delete your data in accordance with our Privacy Policy, except where retention is required by law (for example, billing records for tax purposes). Sections of these Terms that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and governing law) will survive.

11. Intellectual property

The Service, including all software, machine-learning models, algorithms, interfaces, designs, documentation, and trademarks, is owned by Nixflex or our licensors and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights in our intellectual property beyond the limited, revocable, non-exclusive licence to use the Service while your account is active and in good standing.

You may not use the Nixflex name, logo, or trademarks without our prior written consent, except as required to identify your use of the Service.

12. Service availability and beta features

We make commercially reasonable efforts to maintain Service availability, but we do not guarantee any specific level of uptime, availability, response time, or performance. Any uptime figures shown on our website or marketing materials are targets, not contractual commitments. The Service may be unavailable due to maintenance, third-party provider outages, network issues, or other factors.

Features marked or described as "beta", "preview", "experimental", or similar are provided for testing purposes and may be modified, suspended, or discontinued without notice. Beta features are provided "as is", are excluded from any service commitments, and are used at your own risk.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION.

AI-generated responses may be inaccurate, incomplete, biased, fabricated, or inappropriate. You are responsible for monitoring and validating Service outputs and for the consequences of relying on them. We do not guarantee that the Service will be uninterrupted, error-free, secure against every attack, free of bugs, or meet your specific requirements.

We are not responsible for any harm, loss, or damage resulting from third-party services, outages of telephony providers, AI model errors, internet failures, or any cause outside our reasonable control.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIXFLEX, ITS DIRECTORS, EMPLOYEES, OFFICERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR REGULATORY FINES IMPOSED ON YOU, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total aggregate liability for any and all claims arising out of or relating to these Terms or the Service, whether in contract, tort, or otherwise, shall not exceed the greater of (a) one hundred US dollars ($100) or (b) the fees you paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot be excluded under applicable law (such as for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation).

15. Indemnification

You agree to defend, indemnify, and hold harmless Nixflex and its directors, employees, officers, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation
• Your phone call activity, including failure to obtain valid consent, disclose AI use, or comply with do-not-call registries
• Customer Content generated or transmitted through your account, including any AI responses produced based on your prompts
• Any regulatory fine, enforcement action, civil claim, or investigation against Nixflex resulting from your use of the Service
• Your infringement of any third-party intellectual property, privacy, publicity, or other rights
• Any dispute between you and an end-user, customer, or third party
• Your breach of any representation or warranty in these Terms

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defence.

16. Force majeure

Neither party shall be liable for any failure or delay in performance under these Terms caused by events beyond reasonable control, including but not limited to acts of God, natural disasters, pandemic, government action, war, terrorism, civil unrest, labour disputes, sanctions, internet or telecommunications failures, third-party service provider outages or terminations, regulatory changes, or court orders.

17. Changes to the Service and Terms

We may modify the Service or these Terms at any time. Material changes to these Terms will be notified by email to the address associated with your account, or by a prominent notice in the dashboard, at least 14 days before they take effect. Continued use of the Service after the effective date of the changes constitutes acceptance.

Non-material changes (such as clarifications, typo fixes, or updates that do not reduce your rights or increase your obligations) may take effect immediately upon posting.

18. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of laws principles. The courts of England and Wales shall have exclusive jurisdiction to resolve any dispute arising out of or relating to these Terms, except that we may bring an action in any court of competent jurisdiction to enforce our intellectual property rights or to seek injunctive relief.

If you are a consumer resident in the European Union or United Kingdom, this clause does not affect your right to rely on the mandatory consumer protection laws of your country of residence.

Any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the cause of action arises, or be permanently barred, except where prohibited by law.

19. General

If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Nixflex regarding the Service and supersede all prior agreements, communications, and understandings.

You may not assign these Terms or any rights under them without our prior written consent. Any unauthorised assignment is void. We may assign these Terms in connection with a merger, acquisition, restructuring, or sale of substantially all of our assets.

No agency, partnership, joint venture, or employment relationship is created between you and Nixflex by these Terms.

20. Contact us

For questions about these Terms, email support@nixflex.com.

Nixflex Enterprises LLC
A United States limited liability company
Primary operations: United Kingdom
Contact: support@nixflex.com