Instantly AI Agent Terms

• You control and are responsible for use of the tool. These AI Agent Terms govern your use of Instantly's AI agent features, including the AI Sales Agent and the AI Voice Agent. References to the AI Sales Agent in these terms apply equally to the AI Voice Agent unless stated otherwise. You are solely responsible for your campaigns, target recipients, contact lists, ICP criteria, jurisdictions, opt-out settings, prompts, instructions, and all emails or other messages generated, edited, scheduled, or sent using the AI Sales Agent.
• Compliance is your responsibility. You are solely responsible for ensuring that your use of the AI Sales Agent complies with all applicable laws, regulations, industry rules, and platform requirements, including those relating to marketing, email, privacy, data protection, consent, and communications, such as CAN-SPAM, CASL, GDPR, UK GDPR, PECR, the Telephone Consumer Protection Act (TCPA) and its implementing rules (47 C.F.R. § 64.1200), the Telemarketing Sales Rule, federal and state do-not-call registry requirements, state telemarketing and mini-TCPA statutes (including the Florida Telephone Solicitation Act and the Oklahoma Telephone Solicitation Act), state call-recording and all-party-consent laws, state AI-disclosure laws (including Cal. Pub. Util. Code § 2874), biometric privacy laws, and the telemarketing and ePrivacy laws of each recipient's jurisdiction, and any other applicable requirements.
• You must review outputs before use. AI-generated content may be inaccurate, incomplete, or inappropriate for your specific use case. You are responsible for reviewing and approving all AI-generated content, recipient criteria, and campaign settings before messages are sent.
• You must provide required restrictions and instructions. You are responsible for configuring the AI Sales Agent appropriately for your business, including adding any country-specific, industry-specific, recipient-specific, or other compliance-related instructions and restrictions.
• Instantly is a tool provider only. Instantly provides the AI Sales Agent as a configurable software tool and does not provide legal advice or guarantee that any output or use of the AI Sales Agent is compliant with applicable law.
• Assumption of risk. To the maximum extent permitted under the agreement and applicable law, you assume all risk arising from your use of the AI Sales Agent, including any claims, investigations, fines, penalties, losses, or liabilities arising from your campaigns, content, targeting, or failure to comply with applicable requirements.
• You control autonomous sending. You may configure the AI Sales Agent to generate, schedule, and send messages autonomously, without reviewing each message before it is sent. If you do, you authorize those actions, you are deemed to have reviewed and approved the resulting messages and campaigns, and you remain fully responsible for them. Your election not to review any message or campaign does not transfer any responsibility or liability to Instantly.
• You are the sender. You are the sole "sender" and "initiator" (as those and similar terms are used under CAN-SPAM and other applicable laws) of every message generated, scheduled, or sent through the AI Sales Agent, whether created or sent by you or autonomously by the AI Sales Agent. Instantly acts only as a software tool that you direct and is not the sender or initiator of your messages.
• Defense and indemnification. You will defend, indemnify, and hold harmless Instantly and its affiliates from and against any third-party claim, demand, investigation, fine, penalty, loss, or liability (including reasonable attorneys' fees) arising out of or relating to your use of the AI Sales Agent, including any message, campaign, targeting, or content generated, scheduled, or sent through it (including autonomously), or your failure to comply with applicable laws.
• Optional safeguards are not a guarantee. Any compliance-related features, filters, restrictions, or region-specific controls that Instantly may make available (for example, options to exclude certain recipients or jurisdictions) are optional and provided on a best-effort, "as is" basis. They do not guarantee compliance with any law and do not relieve you of your responsibility to configure the AI Sales Agent appropriately and to ensure your use complies with all applicable requirements.
• Applicability of Instantly.ai Terms. These AI Sales Agent Terms supplement and are incorporated into the Instantly.ai Terms of Service, which continue to apply in full to your use of the AI Sales Agent.
• AI Voice Agent: Additional Terms
  12.1 Consent required before any call. The AI Voice Agent may be used only to call individuals from whom you have obtained, before the call is placed, all consents required by applicable law. For any call that constitutes telemarketing or advertising using an artificial or prerecorded voice, this means prior express written consent meeting the requirements of 47 C.F.R. § 64.1200(f)(9): a signed written agreement (an E-SIGN compliant electronic signature or email reply is acceptable) that identifies you by name as the seller, authorizes calls using an artificial or AI-generated voice, identifies the telephone number consented to, and states that consent is not a condition of any purchase. Cold calling, and calling any number obtained from a purchased, rented, scraped, or third-party-enriched list, is prohibited.
  12.2 You are the seller and the caller. You represent that you are the seller named in each consent, that you will not use the AI Voice Agent to place calls on behalf of any third party not named in the consent, and that you (not Instantly) initiate each call. The AI Voice Agent is a software tool that acts solely at your direction; Instantly does not select recipients, determine call timing beyond your instructions, provide telephone numbers, or transmit calls as a carrier.
  12.3 Your telephone numbers. You must supply your own outbound telephone numbers and you represent that you are authorized to use them, that caller ID will accurately identify you, and that you comply with your carrier's and voice service provider's requirements, including robocall mitigation and call-authentication requirements applicable to your numbers.
  12.4 Required disclosures. You must configure the AI Voice Agent so that each call discloses, promptly at the outset: (a) the identity of your business; (b) a telephone number at which your business may be contacted; (c) that the voice is AI-generated; and (d) where call recording is enabled, that the call is recorded. The AI-identity disclosure in clause (c) is inserted by the platform and cannot be overridden. You may not remove, disable, suppress, or instruct the agent to contradict any disclosure that the platform inserts.
  12.5 Opt-out, revocation and suppression. The platform maintains a Voice Block List and will automatically suppress numbers whose owners ask not to be called. You may not remove a number from the Voice Block List unless you have documented, renewed consent. You must honor any revocation of consent made by any reasonable means, including revocations you receive outside the platform, and you must maintain and apply your own suppression list for such revocations.
  12.6 Calling windows. Calls may be placed only within the calling windows the platform enforces for the recipient's location, and in any event only between 8:00 a.m. and 9:00 p.m. in the recipient's local time or such stricter window as applicable law requires. You may not attempt to circumvent the platform's calling-window, block-list, or one-call-at-a-time controls, including by scripting, iterating, or chaining automations to simulate bulk or batch calling.
  12.7 Recording. Call recordings and transcripts are generated by the platform's voice technology providers. You are responsible for ensuring that recording is lawful for each call, including compliance with all-party-consent laws, and for the disclosure in Section 12.4(d). You may not use recordings, transcripts, or any voice data to identify individuals biometrically or to create a voiceprint, and you may not clone or simulate the voice of any real person without that person's documented consent.
  12.8 Prohibited uses. You may not use the AI Voice Agent for: debt collection; emergency, health-care, or other regulated communications; political or charitable solicitation; any vertical subject to specific telemarketing regulation, in each case without Instantly's prior written approval; or any deception as to the identity of the caller.
  12.9 Records. You must retain, for at least five (5) years: consent records (including the exact disclosure text presented, the signature or reply constituting consent, the timestamp, and the number consented to), call recordings, transcripts, and suppression records, and you must provide them to Instantly within five (5) business days of request in connection with any complaint, investigation, or claim.
  12.10 Suspension and audit. Instantly may suspend or limit your access to the AI Voice Agent immediately upon: any complaint, carrier or regulatory inquiry, or legal claim relating to your calls; call patterns that are anomalous relative to your consent records; or any breach of this Section 12. Instantly may preserve and, where legally required or reasonably necessary to defend a claim, produce call records, recordings, transcripts, block-list logs, and consent records.
  12.11 Indemnity for calls. In addition to Section 9 (Defense and indemnification), you will defend, indemnify, and hold harmless Instantly and its affiliates from and against any claim, demand, investigation, fine, penalty, loss, or liability (including reasonable attorneys' fees) arising out of or relating to calls placed through the AI Voice Agent, including claims under the TCPA, the Telemarketing Sales Rule, state telemarketing, mini-TCPA, call-recording, or AI-disclosure laws. This indemnity is not subject to any limitation or cap on liability in the Instantly.ai Terms or these terms.
  12.12 No warranty on AI outputs. Instantly makes no warranty regarding the results obtained from any AI Agent feature or the accuracy, completeness, or suitability of any output, transcript, summary, recommendation, or action generated by an AI Agent. Your use of and reliance on AI Agent outputs is at your sole risk.
  12.13 No human misrepresentation; automated decisions. You will not present AI Agent output as solely human-generated, will not hold the AI Voice Agent out as a human being, and will not use any AI Agent to make automated decisions that produce legal or similarly significant effects on an individual without appropriate human supervision.
  12.14 Jurisdiction availability. Certain AI Agent features may be restricted or unlawful in particular jurisdictions. Before enabling or using a feature, you must confirm that your use is permitted in your jurisdiction and in the jurisdiction of each person contacted. Instantly may, but is not obligated to, restrict features by geography.
  12.15 Third-party voice technology. AI voice capabilities are provided using third-party artificial intelligence and communications technology providers. Instantly acts as a distributor of those capabilities, and your use is subject to the applicable third-party provider terms and acceptable-use policies, which Instantly may enforce directly.
  12.16 Beta releases. AI Agent features may be made available as beta, preview, or early-access releases subject to additional terms presented at enablement. By enabling a beta feature you agree to those additional terms, which control with respect to that feature.
  12.17 Web voice sessions. Where the AI Voice Agent operates through a browser session or an embedded website widget and places no telephone calls, Sections 12.1, 12.3, 12.5, and 12.6 do not apply to those sessions; the AI-identity disclosure, the recording disclosure where recording is enabled, and all obligations under applicable privacy laws continue to apply.

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