Terms of Service

These Terms of Service ("Terms") govern your use of Magic Receptionist, an AI voice receptionist platform (the "Service") operated by Aura Media Studios LLC ("Aura Media Studios," "we," "us," or "our"). By creating an account, accessing, or using the Service, you ("Customer," "you") agree to be bound by these Terms.

These Terms are a legally binding contract between you and Aura Media Studios LLC. If you are using the Service on behalf of a business entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use the Service.

1. Service Description

Magic Receptionist is an AI-powered voice receptionist platform that answers inbound telephone calls on behalf of Customer's business, conducts conversations using artificial intelligence, records and transcribes calls, captures lead information, and routes calls according to Customer configuration. The Service includes call recording, real-time speech-to-text transcription, automated intake forms, lead management, and administrative dashboards.

The Service is offered to businesses for legitimate receptionist and intake operations. We do not guarantee uninterrupted or error-free operation and may modify, suspend, or discontinue features at any time with reasonable notice.

2. Account Registration & Responsibilities

To use the Service, you must be at least eighteen (18) years of age and legally capable of entering into binding contracts. You agree to provide accurate and complete information during registration and to keep your account credentials secure. You are solely responsible for all activity that occurs under your account.

You are responsible for configuring the Service in a manner consistent with applicable law and these Terms, including the Acceptable Use Policy and our Privacy Policy, each of which is incorporated herein by reference.

3. Acceptable Use

Your use of the Service is governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the Acceptable Use Policy constitutes a material breach of these Terms.

4. Call Recording Consent Framework

4.1 The Service records calls. Magic Receptionist automatically records audio of all inbound calls, generates transcripts, and processes the content of conversations using artificial intelligence. Customer acknowledges and agrees that the Service inherently involves recording telephone conversations.

4.2 Customer bears responsibility for call recording consent. Customer is solely responsible for obtaining and maintaining all consents required under federal and state law before recording any call. This obligation applies to all calls the Service handles on Customer's behalf.

4.3 Two-party (all-party) consent states. The following states require the consent of all parties to a call before recording: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. Customer must implement a recorded-line disclosure (e.g., a verbal recording notification at the start of each call) if Customer operates in, or receives calls from, any of these jurisdictions. The Service provides configurable greeting prompts to assist with this disclosure, but Customer is responsible for ensuring legal compliance in its specific jurisdiction(s).

4.4 Indemnification for recording violations. Customer shall indemnify and hold harmless Aura Media Studios from any claims, damages, or penalties arising from Customer's failure to obtain proper call recording consent, as further set forth in Section 12.

5. AI Disclosure Obligation

5.1 Mandatory disclosure that callers are speaking to AI. Because the Service uses an artificial intelligence system to conduct voice conversations, Customer must disclose to callers that they are interacting with an AI system rather than a human being. This disclosure must be made at the beginning of the call or through other means reasonably calculated to inform the caller.

5.2 Statutory compliance. Customer acknowledges that several jurisdictions have enacted or proposed laws requiring disclosure when a person is interacting with artificial intelligence, including but not limited to California AB 2885, Colorado SB 24-205, and Utah Artificial Intelligence Policy Act. Customer is solely responsible for monitoring and complying with all applicable AI disclosure requirements in the jurisdictions where Customer operates or receives calls.

5.3 Configuration assistance. The Service provides customizable greeting prompts and configuration options to assist Customer in delivering required disclosures. However, Customer bears ultimate responsibility for ensuring that disclosures satisfy the specific legal requirements applicable to Customer's business and jurisdiction(s).

5.4 No legal advice. Nothing in these Terms or the Service constitutes legal advice. Aura Media Studios recommends that Customer consult qualified legal counsel regarding AI disclosure and call recording obligations specific to Customer's circumstances.

6. TCPA & Telemarketing Compliance

Customer is solely responsible for compliance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and all related Federal Communications Commission (FCC) rules, as well as state telemarketing laws. The Service is designed for inbound call handling and is not intended for outbound telemarketing or robocalling. Customer shall not use the Service in any manner that violates the TCPA, the FTC's Telemarketing Sales Rule, or any analogous state or federal law. Customer shall obtain all necessary consents, including prior express written consent where required, for any communication facilitated through the Service.

7. Billing & Payment

7.1 Managed Launch Plan. The primary subscription plan offered is the "Managed Launch" plan at five hundred U.S. dollars (US$500.00) per month, billed monthly in advance. The Managed Launch plan includes one thousand (1,000) minutes of call handling per billing cycle. Minutes in excess of the included allowance are billed at forty-five cents (US$0.45) per minute.

7.2 Payment processing. All payments are processed securely through Stripe. By subscribing, you authorize Aura Media Studios to charge your designated payment method for all recurring subscription fees and applicable usage charges. Billing cycles begin on the date of subscription activation and renew automatically each month unless cancelled.

7.3 Usage measurement. Call minutes are measured by the Service based on connected call duration and rounded up to the nearest whole minute. Usage charges are calculated at the end of each billing cycle and charged to the payment method on file. Current usage is visible in the administrative dashboard.

7.4 Price changes. We may change our fees upon at least thirty (30) days' prior written notice. Price changes take effect at the start of the next billing cycle following the notice period. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

7.5 Taxes. Customer is responsible for all applicable taxes, duties, and similar charges, excluding taxes based on Aura Media Studios's net income. Where required by law, Aura Media Studios will collect applicable sales, use, or value-added taxes.

8. Cancellation & Refund Policy

8.1 Cancellation. Customer may cancel their subscription at any time through the administrative dashboard or by contacting support. Cancellation takes effect at the end of the current billing cycle. The Service remains active until the end of the paid period.

8.2 Pro-rated refunds. Upon cancellation, Customer is eligible for a pro-rated refund of the unused portion of the monthly subscription fee, calculated from the date of cancellation request through the end of the paid billing cycle. No refund is provided for usage already incurred, including overage minutes already consumed or call minutes already used within the included allowance.

8.3 No refund for incurred usage. Charges for minutes used, overage charges, and any one-time fees or professional services are non-refundable once the usage has occurred or the service has been rendered.

8.4 Termination by Aura Media Studios. Aura Media Studios may suspend or terminate accounts for violations of these Terms or the Acceptable Use Policy, as described in Section 9. No refund is provided for accounts terminated for cause due to material violation of these Terms.

9. Suspension & Termination

9.1 Suspension. Aura Media Studios may suspend Customer's access to the Service immediately and without prior notice if: (a) Customer breaches these Terms, including the Acceptable Use Policy; (b) Customer's account is the subject of legal process or government request; (c) Customer's use poses a risk to the security, integrity, or availability of the Service or third parties; or (d) Customer's payment method fails or is disputed.

9.2 Termination for convenience. Either party may terminate this agreement for convenience at any time with at least seven (7) days' written notice. Upon termination, all recurring charges cease at the end of the then-current billing cycle.

9.3 Termination for cause. Aura Media Studios may terminate this agreement immediately for cause upon material breach by Customer that remains uncured for five (5) business days after written notice, or immediately without cure period for violations of the Acceptable Use Policy involving illegal activity, fraud, or harm to third parties.

9.4 Effect of termination. Upon termination, Customer's right to use the Service ceases immediately. Call recordings and transcripts associated with the account will be retained for ninety (90) days following termination, after which they are permanently deleted unless otherwise required by law or legal hold. Lead data may be exported by Customer during this ninety-day window via the administrative dashboard.

10. Intellectual Property & License

10.1 Service license. Aura Media Studios grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the subscription term, solely for Customer's internal business purposes, subject to these Terms.

10.2 Customer data. Customer retains all right, title, and interest in the data submitted to the Service, including call recordings, transcripts, lead data, and configuration data. Customer grants Aura Media Studios a worldwide, royalty-free license to process Customer data solely as necessary to provide and improve the Service, as described in the Privacy Policy.

10.3 Service ownership. Aura Media Studios retains all right, title, and interest in the Service, including all software, algorithms, models, interfaces, documentation, and underlying technology. This includes AI models, prompt engineering, conversation logic, voice synthesis configurations, and all improvements or derivatives thereof.

10.4 Aggregated and anonymized data. Aura Media Studios may collect, analyze, and use aggregated, de-identified data derived from Service usage for product improvement, analytics, benchmarking, and operational purposes, provided that such data cannot be used to identify any individual or Customer.

11. Privacy & Data Processing

Customer's use of the Service involves the processing of personal data, including the personal data of callers and Customer's end users. Our collection, use, and protection of data is described in our Privacy Policy, which is incorporated into these Terms by reference.

Customer acknowledges that it acts as a data controller with respect to personal data of callers collected through the Service, and that Aura Media Studios acts as a data processor on Customer's behalf. A Data Processing Addendum (DPA) is available upon request by contacting privacy@auramediastudios.com.

12. Indemnification

Customer agrees to indemnify, defend, and hold harmless Aura Media Studios LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer's use of the Service; (b) Customer's breach of these Terms or the Acceptable Use Policy; (c) Customer's violation of applicable law, including call recording consent, AI disclosure, TCPA, HIPAA, or telemarketing laws; (d) Customer's data, content, or business practices; or (e) claims by Customer's callers or end users regarding recorded conversations or data collection. This indemnification obligation survives termination of these Terms.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. AURA MEDIA STUDIOS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AURA MEDIA STUDIOS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT CALLS WILL BE ACCURATELY TRANSCRIBED, ROUTED, OR HANDLED. THE AI SYSTEMS USED BY THE SERVICE MAY PRODUCE INACCURATE, INCOMPLETE, OR INAPPROPRIATE RESPONSES, AND CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH RELIANCE ON SUCH OUTPUTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AURA MEDIA STUDIOS CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

14. Limitation of Liability

14.1 Exclusion of damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AURA MEDIA STUDIOS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, EVEN IF AURA MEDIA STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Liability cap. AURA MEDIA STUDIOS'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY CUSTOMER TO AURA MEDIA STUDIOS IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14.3 Essential basis. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

15. HIPAA & Regulated Data

The Service offers a "HIPAA-aware intake" configuration designed to support customers in regulated healthcare environments, including medical practices and medical spas (medspas). Customers who intend to use the Service to collect, process, or transmit protected health information (PHI) must: (a) notify Aura Media Studios prior to activation; (b) execute a Business Associate Agreement (BAA); and (c) configure the Service in accordance with HIPAA requirements. A BAA is available upon request.

Customers who have not executed a BAA must not use the Service to collect, process, or transmit PHI or other regulated health information. Aura Media Studios is not liable for any Customer's unauthorized processing of PHI. See our Privacy Policy for additional details regarding health data.

16. Confidentiality

Each party agrees to maintain the confidentiality of any non-public information received from the other party, including pricing, technical information, and business data, and to use such information solely for purposes of performing under these Terms. Confidentiality obligations survive termination for a period of three (3) years.

17. Modifications to Terms

Aura Media Studios may modify these Terms from time to time. We will provide notice of material changes by posting the updated Terms on this page and, where practicable, notifying active Customers by email at least thirty (30) days before the changes take effect. Customer's continued use of the Service after the effective date constitutes acceptance of the revised Terms. If Customer does not agree to the modified Terms, Customer must discontinue use of the Service and cancel the subscription.

18. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute arising out of or relating to these Terms. Before initiating litigation, the parties agree to attempt good-faith negotiation and, if unresolved within thirty (30) days, non-binding mediation. The prevailing party in any dispute is entitled to recover its reasonable attorneys' fees and costs.

19. General Provisions

19.1 Entire agreement. These Terms, together with the Acceptable Use Policy, Privacy Policy, and any executed order forms or addenda, constitute the entire agreement between the parties regarding the Service.

19.2 Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

19.3 Assignment. Customer may not assign these Terms or transfer the account without Aura Media Studios's prior written consent. Aura Media Studios may assign these Terms freely in connection with a merger, acquisition, or sale of assets.

19.4 Force majeure. Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, internet or telecommunications failures, or pandemics.

19.5 No waiver. No failure or delay by either party in exercising any right under these Terms constitutes a waiver of that right.

19.6 Notices. Legal notices to Aura Media Studios should be sent to legal@auramediastudios.com. Privacy-related notices should be sent to privacy@auramediastudios.com.

20. Contact

If you have questions about these Terms, contact us at legal@auramediastudios.com. For privacy-related inquiries, contact privacy@auramediastudios.com.

Aura Media Studios LLC · Magic Receptionist · Privacy Policy · Acceptable Use Policy