Terms of Use

These Terms of Use ("Terms") govern your use of the Infrared Project website and any software, applications, agents, or services we provide, including Badger and callZone (together, the "Services"), operated by Infrared Project Inc. ("Infrared Project," "we," "us," or "our"). By using our website or the Services, you agree to these Terms and to our Privacy Policy.

1. Agreement to these Terms

By accessing infraredproject.com, creating an account, joining a design partner or early access program, or using any of the Services, you agree to be bound by these Terms. If you are agreeing on behalf of a company, you represent that you are authorized to do so, and "you" refers to that company.

2. What we provide

Infrared Project is a product studio. We build and operate software products, and we sell access to those products. Today the Services are:

• Badger, an outbound product that drafts, queues, and sends email, SMS, and social messages on behalf of a business, and that learns from how that business reviews and edits them.
• callZone, a voice product that places and answers calls, handles booking and intake, and records what happened on each one.

The features, limits, and pricing of each Service are described at the point of sign-up or in an order you accept, and may change as the products develop. We will not remove a feature you are actively paying for without notice.

3. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract to use the Services. You are responsible for the accuracy of the information you give us, for everything done under your account, and for keeping your credentials, API keys, and connected account access confidential. Tell us promptly if you believe an account has been compromised.

4. Subscriptions, fees, and billing

• Paid Services are sold on a subscription or usage basis. The price, billing period, and any usage-based charges are presented before you commit to them.
• Fees are billed in advance for the period unless stated otherwise, and are non-refundable once a period has begun, except where the law requires otherwise or we have agreed otherwise in writing.
• Some Services pass through third-party costs, such as telephony minutes or messaging volume. Where that is the case, it is disclosed before you incur the cost.
• We may change pricing with at least 30 days' notice before it applies to your next billing period. If you do not accept the change, you may cancel before it takes effect.
• We may suspend a paid Service for non-payment after giving you notice and a reasonable chance to fix it.

5. Early access and design partner programs

Parts of the Services are offered as early access, beta, or design partner arrangements. Software offered that way may be incomplete, may change substantially, and may be discontinued. It is provided without any uptime or support commitment unless we have given you one in writing. In exchange, early access is typically discounted or free, and we may ask for your feedback. Feedback you give us is something we can use freely to improve the products, without obligation to you and without any claim on it by us over what you built or said outside that feedback.

6. Your data and your customers' data

• Your data stays yours. All business data, contact records, message content, call recordings, and other content you provide or that flows through the Services ("Customer Data") remains yours. We process it only to provide the Services, as described in our Privacy Policy.
• We do not pool it. Anything the Services learn from how your business works is held for your business and is not merged into a shared model used for anyone else. This is a design commitment, not a setting.
• You can take it with you. You may request an export of your Customer Data at any time while your account is active, and for a reasonable period after it closes.
• You are responsible for having the right to give us the Customer Data you upload or connect, including the right to process the personal information of your own contacts.

7. Connected accounts and integrations

The Services connect to accounts and platforms you control, such as your email, your calendar, your phone numbers, your CRM, or your social accounts. With respect to those connections:

• You represent that you have the right to grant the Services access, and that doing so does not violate the terms of the platform you are connecting.
• We request the narrowest access that makes the feature work, and we use the data those connections return only to perform the function you authorized. Where a platform imposes its own limited-use rules on that data, we follow them. The specifics are set out in our Privacy Policy.
• You can revoke a connection at any time from your account or from the connected platform. Doing so will stop the related feature from working until it is reconnected.
• We are not responsible for outages, API changes, pricing changes, or enforcement actions by platforms outside our control, though we will adapt where reasonably possible.

8. Messaging, calling, and AI disclosure

Badger sends messages and callZone places and answers calls, in both cases on your behalf and from your business identity. That makes you the sender and the caller under the law. You agree that:

• Every recipient you contact through the Services has given valid consent to be contacted, consistent with applicable law and carrier and industry guidelines.
• Recipients can always opt out by replying STOP and get help by replying HELP, and your own opt-in flows carry the required "message and data rates may apply" and message frequency disclosures.
• You have completed any carrier registration your use case requires, including messaging campaign registration, and that the business identity you register is accurate.
• For AI voice calls, you are responsible for any disclosure the law requires that the person may be speaking with an automated system, and for meeting call recording consent requirements, which vary by state.
• You will not use the Services for unsolicited bulk messaging, purchased or scraped contact lists, or any campaign you would not be willing to put your own name on.

We build the Services to support compliant consent, disclosure, and opt-out flows, and we enforce opt-outs on every message that leaves the platform. We cannot guarantee compliance with the laws governing your own outbound communications. That responsibility sits with you as the sender and caller. Where a specific messaging program has its own terms, those are published alongside this document.

9. Acceptable use

You agree not to use our website or the Services to: violate any law; send communications without proper consent; transmit malware or attempt to gain unauthorized access to any system; scrape, resell, or reverse engineer the Services; infringe intellectual property or privacy rights; impersonate another person or business; or generate deceptive, fraudulent, or harmful content, including spam, phishing, or messages designed to mislead the recipient about who they are talking to. We may suspend an account that does any of this.

10. Intellectual property

• The Services, including the software, models, interfaces, branding, and everything we build to run them, are and remain the property of Infrared Project. Your subscription is a limited, non-exclusive, non-transferable right to use them, and nothing else transfers.
• You keep everything you own: your Customer Data, your brand, and the message and call content produced for your business through the Services, which is yours to use as you see fit.
• You may not copy, resell, sublicense, or white-label the Services without our written agreement.

11. Confidentiality

Each party agrees to keep the other's confidential information, including business processes, credentials, source code, pricing, and Customer Data, confidential, and to use it only as needed under these Terms. This obligation survives the end of your account. A separate mutual NDA may supplement these Terms where one is signed.

12. Disclaimers

The Services are provided "as is" and "as available." Except as expressly stated in writing, Infrared Project makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. AI-generated output, including drafted messages, summaries, call transcripts, and scored leads, can contain errors and should be reviewed by a person before being relied on for anything that matters. The Services are built so that review is possible. Whether it happens is up to you.

13. Limitation of liability

To the maximum extent permitted by law, Infrared Project will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunity, arising out of or related to the Services. Our total liability for any claim arising out of or relating to these Terms will not exceed the total fees you paid us for the Service giving rise to the claim in the twelve months preceding the claim. Where a Service was provided free of charge, including under an early access or design partner arrangement, that cap is one hundred U.S. dollars.

14. Indemnification

You agree to indemnify and hold harmless Infrared Project, its officers, and its employees from claims, damages, and expenses, including reasonable legal fees, arising from: (a) your use of the Services in violation of these Terms or applicable law; (b) Customer Data you provide; (c) messages sent or calls placed through the Services where the claim results from your failure to obtain proper consent, give a required disclosure, or honor an opt-out; or (d) your failure to obtain the consents needed for a connected account.

15. Suspension and termination

These Terms apply for as long as you use our website or the Services. You may cancel at any time, effective at the end of your current billing period. We may suspend or close an account for non-payment, a security concern, or a violation of these Terms, with notice where it is reasonably possible to give it. On closure we will make your Customer Data available for export for a reasonable period, then delete it as described in our Privacy Policy. The sections on confidentiality, intellectual property, disclaimers, and limitation of liability survive termination.

16. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute arising under these Terms will be resolved in the state or federal courts located in New York, NY, and each party consents to jurisdiction there.

17. Changes to these Terms

We may update these Terms from time to time. We will update the "Last updated" date above and, for material changes affecting active accounts, tell you directly. Continued use of the website or the Services after a change takes effect is acceptance of the updated Terms.

See also the Privacy Policy.