Last updated: February 7, 2026
These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Atomic Enterprises, Inc. ("Company," "we," "us," or "our"), the operator of ByePhone ("the Service"). By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or prominent notice within the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Terms.
You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements. The Service is not directed at children under 18, and we do not knowingly collect data from minors.
ByePhone is an AI-powered phone call assistant operated by Atomic Enterprises, Inc. The Service places telephone calls on your behalf using artificial intelligence and synthetic voice technology. The Service may navigate phone menus, wait on hold, and communicate with representatives or automated systems on the other end of the line.
You acknowledge and agree that:
The Service offers paid subscription plans as well as pay-per-call pricing options. Details of current plans, features, and pricing are displayed within the Service and may be updated from time to time.
4.1 Subscription Plans
If you purchase a subscription, you agree to pay the applicable fees for the plan you select. Subscriptions automatically renew at the end of each billing cycle (monthly or annually, as applicable) unless you cancel before the renewal date. You authorize us to charge your designated payment method on a recurring basis.
4.2 Pay-Per-Call
If you use pay-per-call pricing, charges are incurred on a per-call basis at the rates displayed at the time of purchase. Call credits or bundles, once purchased, are non-refundable except as required by applicable law.
4.3 Billing & Refunds
All fees are stated in U.S. dollars and are exclusive of applicable taxes. You are responsible for all taxes associated with your use of the Service. Fees are non-refundable except where required by law or at our sole discretion. We reserve the right to change pricing with thirty (30) days' prior notice. Continued use after a price change constitutes acceptance of the new pricing.
4.4 Failed Payments & Suspension
If a payment fails, we may suspend or restrict access to the Service until payment is resolved. We may retry failed charges and may assess late fees or interest to the extent permitted by law.
All calls made through the Service are recorded and may be transcribed. Recordings and transcripts are used to provide you with call playback, summaries, and to operate and improve the Service.
You acknowledge and agree that you are solely responsible for complying with all applicable federal and state laws regarding call recording, including but not limited to two-party/all-party consent states (such as California, Florida, Illinois, and others). Where required by law, you must ensure that call recipients are informed that the call is being recorded and that an AI-generated voice is being used.
See our Privacy Policy for full details on data collection, use, and retention.
By using the Service, you represent and warrant that:
Atomic Enterprises, Inc. is not a telecommunications carrier and does not provide telecommunications services. The Service is a software tool that initiates calls at your direction.
You agree not to use the Service to:
We reserve the right to suspend or terminate your account immediately and without notice for any violation of this section.
The Service, including all software, algorithms, models, designs, text, graphics, and other content, is the exclusive property of Atomic Enterprises, Inc. and is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted herein are reserved.
You retain ownership of content you provide to the Service (such as call instructions and contact information). You grant us a limited, non-exclusive, worldwide license to process your content solely as necessary to provide and improve the Service. AI-generated outputs (such as call transcripts and summaries) are provided for your personal use under a non-exclusive license.
The Service relies on third-party service providers for infrastructure and functionality, including but not limited to telephony services, voice synthesis, cloud hosting, data processing, and payment processing. Your use of the Service is also subject to the terms and policies of these third-party providers to the extent applicable.
We are not responsible for the acts, omissions, outages, errors, or failures of any third-party service provider. We reserve the right to change providers at any time without notice.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY CALL WILL BE COMPLETED OR ACHIEVE A DESIRED OUTCOME; THAT TRANSCRIPTIONS OR AI-GENERATED CONTENT WILL BE ACCURATE; OR THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR COMPLY WITH YOUR INDUSTRY-SPECIFIC REGULATIONS.
Some jurisdictions do not allow the exclusion of implied warranties, in which case the above exclusions apply to the maximum extent permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATOMIC ENTERPRISES, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR REPUTATIONAL HARM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM: CALLS MADE THROUGH THE SERVICE; RELIANCE ON AI-GENERATED CONTENT; THIRD-PARTY CLAIMS AGAINST YOU RELATED TO CALLS PLACED THROUGH THE SERVICE; MISSED APPOINTMENTS, FAILED NEGOTIATIONS, OR MISCOMMUNICATIONS; OR ANY ACTION TAKEN OR NOT TAKEN BY A CALL RECIPIENT.
You agree to indemnify, defend, and hold harmless Atomic Enterprises, Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claims and not to settle any claim without our prior written consent.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
13.1 Informal Resolution
Before initiating any formal dispute resolution, you agree to contact us at galcohavy@g.ucla.edu and attempt to resolve the dispute informally for at least sixty (60) days.
13.2 Binding Arbitration
If the dispute is not resolved informally, you and Atomic Enterprises, Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except that either party may bring individual claims in small claims court if eligible.
13.3 Class Action & Jury Trial Waiver
YOU AND ATOMIC ENTERPRISES, INC. EACH WAIVE THE RIGHT TO A JURY TRIAL. YOU ALSO WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR ANY FORM OF REPRESENTATIVE OR CONSOLIDATED PROCEEDINGS. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.
13.4 Opt-Out
You may opt out of this arbitration provision by sending written notice to galcohavy@g.ucla.edu within thirty (30) days of creating your account. If you opt out, disputes will be resolved in court as described in Section 14.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. The Federal Arbitration Act governs the arbitration provision in Section 13. For any claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and you waive any objections to venue or personal jurisdiction.
15.1 Termination by You
You may cancel your account at any time. For subscriptions, cancellation takes effect at the end of the current billing period. No prorated refunds are provided for partial billing periods unless required by applicable law.
15.2 Termination by Us
We may suspend or terminate your account immediately and without prior notice for violation of these Terms, suspected fraudulent or illegal activity, non-payment, upon request of law enforcement, or to protect the integrity of the Service or other users. We may also terminate your account for convenience with thirty (30) days' notice.
15.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately. You may request export of your data within thirty (30) days of termination. After that period, we may delete your data in accordance with our Privacy Policy, subject to any legal obligations requiring longer retention. Sections 5, 6, 8, 10, 11, 12, 13, 14, and 16 survive termination.
Entire Agreement.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Atomic Enterprises, Inc. regarding the Service and supersede all prior agreements.
Severability.
If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect. If the class action waiver in Section 13.3 is found unenforceable, the entire arbitration clause (Section 13) shall be void.
No Waiver.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment.
We may assign or transfer these Terms without restriction. You may not assign your rights or obligations without our prior written consent.
Force Majeure.
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications outages, third-party service provider failures, or other force majeure events.
Electronic Communications.
By using the Service, you consent to receiving communications from us electronically, including by email and notifications within the Service. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.
If you have questions about these Terms, please contact us at:
Atomic Enterprises, Inc.
Email: galcohavy@g.ucla.edu