DNAgency LLC ("Company," "we," "us") — Last updated: August 7, 2026
These Terms govern your access to and use of our website, software, and services, including AI-powered call answering, appointment booking, messaging, and related tools (the "Services"). By using the Services, you agree to these Terms. If you use the Services on behalf of a business, you represent that you are authorized to bind that business.
The Services use automated and artificial-intelligence technologies, including AI voice agents that answer telephone calls, converse with callers, collect information, and schedule appointments. You acknowledge that AI-generated responses are automated, may occasionally be inaccurate or incomplete, and are provided to assist — not replace — your own business judgment. We may modify, improve, or discontinue features at any time.
You are responsible for your account credentials, for the accuracy of the business information you provide (which the AI agent relies on), and for all activity under your account. You agree not to use the Services for unlawful purposes, spam, harassment, emergency services (the Services are not a substitute for 911), or any use that violates telecommunications, consumer-protection, or privacy laws.
You are solely responsible for compliance with laws applicable to your business and your customers, including call-recording consent requirements in your jurisdiction, text-messaging consent and content rules, licensing, advertising, and industry-specific regulations. Where the Services record or transcribe calls, you authorize such recording for your business line and are responsible for any notices your jurisdiction requires. You are responsible for obtaining any consent required to use a person's voice, name, or likeness in connection with optional voice-customization features.
Paid Services are billed in advance on a subscription basis via our payment processor, plus any usage-based charges described at purchase. Fees are non-refundable except where required by law. We may suspend Services for non-payment after notice. Prices may change with notice effective at your next billing cycle. You are responsible for applicable taxes.
The Services depend on third-party providers, including telephony carriers, voice and AI model providers, messaging networks, hosting, and payment processors. We do not control these providers and are not responsible for their availability, errors, delays, outages, message filtering, or changes to their services.
While the Services are designed for high availability, including automated failover features, we do not guarantee uninterrupted operation, that every call will be answered or connected, that every message will be delivered, that appointments will be accurately captured in all circumstances, or any particular business outcome, including leads, bookings, or revenue. Telephone networks, carriers, and third-party systems can fail in ways outside our control.
We retain all rights in the Services, software, and underlying technology. You retain your business content and data. You grant us a license to process your content and data as needed to provide, maintain, secure, and improve the Services. Feedback you provide may be used without obligation.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, MISSED CALLS OR APPOINTMENTS, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE FEES YOU PAID TO US FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED.
You will defend, indemnify, and hold harmless the Company and its officers, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from your business operations, your content and data, your violation of these Terms, or your violation of any law or third-party right — including claims by your customers relating to calls, recordings, messages, appointments, or services you provide.
These Terms apply while you use the Services. Either party may terminate as described at purchase or in your service agreement; we may suspend or terminate for breach, non-payment, unlawful use, or risk to the Services or other customers. Upon termination, provisioned resources (including phone numbers) may be released, and Sections 6–13 survive.
These Terms are governed by the laws of the State of New York, without regard to conflicts-of-law rules. Any dispute will be resolved through binding arbitration in New York, NY on an individual basis; both parties waive any right to a jury trial and to participate in a class action, to the extent permitted by law. Either party may bring qualifying claims in small-claims court.
These Terms, together with your order and our Privacy Policy, are the entire agreement regarding the Services. If any provision is unenforceable, the remainder stays in effect. We may update these Terms; continued use after posted changes constitutes acceptance. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale.
DNAgency LLC
374 E 159th St, Bronx, NY 10451
steele@digitalnativesagcy.com · (646) 267-3965