Agreement to Terms
These Terms of Service (“Terms”) govern access to and use of the Cycada platform, operated by Cycada Ltd. (Hebrew: סייקדה בע״מ), a company registered in Israel, with a registered address at Simtat HaGiva 12, Savyon, 5651112, Israel (“Cycada”, “we”, “us”, “our”).
By creating an account, activating a campaign, or otherwise using Cycada, the business or individual doing so (“Client”, “you”) agrees to be bound by these Terms. If you are agreeing on behalf of a business, you represent that you have authority to bind that business.
If you do not agree to these Terms, do not use Cycada.
What Cycada is
Cycada provides AI-powered outbound appointment-booking infrastructure for service businesses. Cycada places calls to leads provided by the Client, using an AI voice agent, with the goal of scheduling appointments on the Client's behalf. Cycada is calling infrastructure and business logic — it is not a marketing agency or a lead-generation service, and it does not guarantee outcomes (see Section 8).
Accounts
You must provide accurate information when creating a Cycada account and keep it current. You are responsible for activity that occurs under your account and for keeping your login credentials secure. Notify us promptly at [email protected] if you suspect unauthorized use of your account.
Client responsibilities and representations — consent to call
You are solely responsible for the leads you upload. Cycada calls the people on the lists you provide. By uploading a lead list and activating a campaign, you represent and warrant, for every lead on that list, that:
- You have obtained proper prior consent, sufficient under applicable law, to contact that individual by automated or AI-generated voice call for the purpose stated in your campaign;
- You have a lawful basis for that contact, including compliance with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), applicable state telemarketing and do-not-call laws, and any AI-disclosure requirements in the state where the lead is located;
- The lead is not on the National Do Not Call Registry or any applicable state do-not-call list, except where a valid exemption applies and you can demonstrate it;
- The information you provide about each lead — name, contact details, reason for contact — is accurate and not knowingly false or misleading.
You agree not to upload
- Purchased or scraped lists without a documented, lawful basis for contact;
- Leads you know or have reason to believe have opted out of contact from your business;
- Information about individuals under 18.
Indemnification
You agree to indemnify and hold Cycada harmless from any claim, fine, penalty, or legal action arising from your breach of this Section 4, including claims arising from a lead's assertion that they did not consent to be contacted.
Acceptable use
You agree not to use Cycada to:
- Violate any applicable law, including consumer protection, telemarketing, or data protection law;
- Make false, misleading, or deceptive claims to leads, including about pricing, guarantees, or your business's credentials;
- Impersonate another business or misrepresent your identity;
- Attempt to interfere with, disrupt, or reverse-engineer the Cycada platform.
Cycada may suspend or terminate access immediately, without notice, if we reasonably believe your use violates this Section or creates legal or regulatory risk for Cycada.
Fees and payment
Fees for the Service are as set forth in the applicable order form, pilot agreement, or invoice agreed between Cycada and the Client (an “Order”). Client agrees to pay all fees specified in the Order.
Unless otherwise stated in the Order, fees are due upon invoice. Amounts not paid when due may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. Cycada may suspend the Service for any account with fees more than fifteen (15) days past due.
All fees are non-refundable except as expressly stated in the applicable Order.
Data and privacy
Cycada's collection and use of information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Where Cycada processes personal information on your behalf as part of the Service, the parties' respective obligations are further governed by a Data Processing Agreement between Cycada and the Client.
No guarantee of results
Cycada is infrastructure, not a guarantee of business outcomes. Cycada does not guarantee any specific number of appointments, conversions, or booking rate. Results depend substantially on factors outside Cycada's control, including the quality and consent status of the leads provided, the Client's service area and offering, and market conditions.
Cycada's guarantee, where offered, is limited to the platform functioning as described — placing calls, applying campaign rules, and recording outcomes as configured. It is not a guarantee of any particular business result.
Intellectual property
Cycada retains all rights, title, and interest in the Cycada platform, including its software, prompts, calling infrastructure, and underlying technology. Nothing in these Terms transfers ownership of Cycada's technology to the Client.
The Client retains ownership of its own business data, including its lead lists, business information, and any content it provides to configure its campaign. Cycada may use aggregated, de-identified data derived from platform usage to improve the Service, provided it does not identify the Client or any individual lead.
Confidentiality
Each party agrees to keep confidential any non-public business, technical, or customer information disclosed by the other party in connection with these Terms, and to use it only for purposes of the relationship between the parties. This obligation survives termination of these Terms.
Disclaimer of warranties
The Service is provided “as is” and “as available”. Cycada disclaims all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by law.
Limitation of liability
To the maximum extent permitted by law, Cycada's total liability arising out of or related to these Terms or the Service will not exceed the total fees paid by the Client to Cycada in the twelve (12) months preceding the claim. This limitation does not apply to the Client's indemnification obligations under Section 4.
Neither party will be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or lost business opportunities, even if advised of the possibility of such damages.
Term and termination
These Terms remain in effect for as long as you maintain a Cycada account. Either party may terminate with thirty (30) days' written notice to the other party. This notice period does not apply to termination for material breach under Section 5, which may be immediate.
Cycada may suspend or terminate access immediately for a material breach of Section 4 or 5, or where continued service creates legal or regulatory risk for Cycada.
Upon termination, Cycada will handle Client data per the Privacy Policy and the Data Processing Agreement, including applicable retention and deletion practices.
Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.
Any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, by a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. Arbitration will be conducted on an individual basis only — neither party may bring a claim as part of a class, consolidated, or representative action. Either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
Changes to these Terms
Cycada may update these Terms from time to time. Material changes will be communicated to active Clients, and continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
Contact
Cycada Ltd.
Simtat HaGiva 12, Savyon, 5651112, Israel
[email protected]