1. Agreement to Terms
Welcome to Sandstem ("Sandstem," "Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Sandstem website, software, artificial intelligence platform, products, applications, APIs, integrations, and related services (collectively, the "Service").
By accessing the Service, creating an account, purchasing a subscription, or otherwise using the Service, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" refers to both you and the entity you represent.
These Terms apply regardless of your state or country of residence.
Sandstem is operated from the State of Arizona, United States.
2. Eligibility & Account Registration
To use the Service, you must be at least eighteen (18) years old and capable of entering into a legally binding agreement.
You agree to provide accurate, complete, and current account information and to promptly update that information if it changes.
You are solely responsible for:
Maintaining the confidentiality of your account credentials.
Restricting access to your account.
All activities that occur under your account.
Any actions taken by your employees, contractors, agents, or anyone using your account with or without your permission.
You must immediately notify Sandstem if you believe your account has been compromised or accessed without authorization.
Sandstem reserves the right to suspend or terminate accounts that contain false information, violate these Terms, or present a security or legal risk.
3. Use of the Service
The Service is intended to help businesses communicate with customers through AI-powered conversations, automations, messaging, calling, scheduling, integrations, and related functionality.
You agree to use the Service only for lawful purposes and in compliance with all applicable laws, regulations, and industry requirements.
You may not use the Service to:
Violate any applicable law or regulation.
Infringe upon another person's intellectual property rights.
Harass, threaten, abuse, or impersonate another individual or organization.
Send spam, phishing messages, deceptive communications, or unsolicited marketing where prohibited by law.
Upload or distribute malware, ransomware, viruses, or harmful software.
Attempt to interfere with, disable, damage, or disrupt the Service or its infrastructure.
Attempt to gain unauthorized access to any account, server, database, or network.
Reverse engineer, decompile, modify, or create derivative works of the Service except where expressly permitted by applicable law.
Use automated tools to scrape, copy, or extract data from the Service without our written consent.
Resell, sublicense, lease, rent, or commercially exploit the Service without prior written authorization.
Use the Service in any way that could damage Sandstem, its customers, or other users.
Sandstem may investigate suspected violations of these Terms and may suspend or terminate accounts immediately if we reasonably believe a violation has occurred.
Termination or suspension does not relieve you of any obligation to pay outstanding amounts owed prior to termination.
4. Subscription Plans & Payments
Billing
Subscription fees are billed monthly or annually depending on the plan selected during signup.
Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date.
Payment Authorization
By purchasing a subscription, you authorize Sandstem and its payment processors to charge your selected payment method for all applicable subscription fees, taxes, upgrades, overage charges, and any other authorized charges associated with your account.
Pricing
We reserve the right to modify our pricing.
If pricing changes affect your existing subscription, we will provide at least thirty (30) days' advance notice through email or within the Service before the new pricing becomes effective.
Taxes
Prices do not include applicable taxes unless otherwise stated.
You are responsible for any sales tax, value-added tax (VAT), goods and services tax (GST), or similar governmental charges required by law.
Failed Payments
If a payment cannot be processed, we may retry the payment method on file.
If payment remains unsuccessful, we may:
suspend your account,
restrict access to certain features,
terminate your subscription,
refer unpaid balances for collection where permitted by law.
You remain responsible for all unpaid charges incurred before cancellation or termination.
5. Refund Policy
Monthly Plans
Monthly subscription payments are non-refundable once billed.
Annual Plans
Customers purchasing annual subscriptions may request a prorated refund within fourteen (14) days of the initial purchase or annual renewal date.
Cancellation
You may cancel your subscription at any time through your account or by contacting Sandstem.
Cancellation prevents future renewals but does not immediately terminate access. Your subscription remains active until the end of the current billing period.
Except as expressly stated in these Terms, no refunds or credits are provided for unused subscription periods.
Exceptions
Refund requests resulting from duplicate charges, billing errors, or verified technical issues preventing reasonable use of the Service may be reviewed at Sandstem's sole discretion.
6. Privacy
Your privacy is important to us.
Our collection, use, storage, disclosure, and protection of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using the Service, you acknowledge that you have read and understood our Privacy Policy.
7. Intellectual Property
The Service, including all software, source code, artificial intelligence systems, machine learning models, interfaces, documentation, trademarks, logos, graphics, text, designs, workflows, APIs, features, and other materials provided by Sandstem, are owned by Sandstem or its licensors and are protected by United States and international intellectual property laws.
Subject to your compliance with these Terms, Sandstem grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes.
You may not copy, reproduce, modify, distribute, sell, lease, sublicense, publicly display, publicly perform, create derivative works from, or otherwise exploit any portion of the Service except as expressly permitted by these Terms.
Nothing in these Terms transfers ownership of the Service or any intellectual property rights to you.
All rights not expressly granted are reserved by Sandstem.
8. Customer Content
The Service allows you to upload, create, store, transmit, or otherwise provide information, documents, knowledge bases, files, images, logos, branding, chat scripts, prompts, workflows, contacts, customer data, and other content ("Customer Content").
You retain ownership of all Customer Content you submit to the Service.
By using the Service, you grant Sandstem a worldwide, non-exclusive, royalty-free, limited license to host, store, reproduce, process, transmit, display, analyze, and otherwise use Customer Content solely as necessary to operate, maintain, secure, improve, and provide the Service.
You represent and warrant that:
You own or have all necessary rights to Customer Content.
Your Customer Content does not violate any law or the rights of any third party.
Your Customer Content does not contain unlawful, fraudulent, defamatory, infringing, or malicious material.
Sandstem does not claim ownership of your Customer Content.
We reserve the right to remove Customer Content that violates these Terms or applicable law.
9. Third-Party Services & Integrations
The Service may integrate with or rely upon third-party products, platforms, software, APIs, communication providers, artificial intelligence providers, payment processors, cloud infrastructure providers, customer relationship management (CRM) systems, calendar providers, email providers, analytics providers, and other external services.
These third-party services operate independently of Sandstem and are governed by their own terms, privacy policies, and business practices.
Sandstem does not control and is not responsible for:
the availability of third-party services,
changes to third-party APIs,
outages,
pricing changes,
service interruptions,
discontinued features,
security incidents occurring within third-party platforms.
If a third-party provider modifies or discontinues an integration, Sandstem may modify, suspend, or discontinue the related functionality without liability.
You are responsible for maintaining any required third-party accounts and complying with the terms governing those services.
10. Artificial Intelligence Features
The Service includes artificial intelligence features designed to assist with customer communication, automation, lead qualification, scheduling, content generation, workflows, recommendations, and other business functions.
Artificial intelligence is probabilistic technology and may generate inaccurate, incomplete, outdated, misleading, or unexpected responses.
You acknowledge and agree that:
AI-generated output may contain errors.
AI responses should be reviewed before being relied upon.
AI should not be considered legal, financial, medical, tax, or professional advice.
Sandstem does not guarantee the accuracy, completeness, reliability, or suitability of AI-generated content.
You are solely responsible for reviewing, monitoring, approving, and supervising how AI is configured and used within your business.
Sandstem may update, retrain, modify, replace, or discontinue AI models and AI-powered features at any time.
11. Communications Services
The Service may enable you to send or receive communications through various channels, including but not limited to:
SMS and text messaging
Voice calls
AI phone agents
Live chat
Web chat widgets
Appointment reminders
Automated follow-up messages
Notifications
Other communication methods introduced in the future
These communications may be initiated automatically based on workflows, triggers, schedules, AI decisions, or configurations established by you.
You acknowledge that Sandstem acts solely as a technology platform providing communication tools on your behalf.
You are solely responsible for all communications sent using your account.
12. Customer Compliance Responsibilities
You are solely responsible for ensuring your use of the Service complies with all applicable laws, regulations, contractual obligations, and industry standards.
This includes, without limitation:
obtaining all legally required permissions and consents from recipients,
maintaining appropriate records where required,
complying with applicable privacy, consumer protection, anti-spam, marketing, telecommunications, and data protection laws,
honoring unsubscribe requests,
honoring opt-out requests,
ensuring AI communications accurately represent your business.
Sandstem does not provide legal advice regarding regulatory compliance.
You are solely responsible for determining whether your use of the Service complies with applicable law.
13. AI Monitoring & Customer Responsibility
You acknowledge that artificial intelligence requires ongoing oversight.
You are solely responsible for:
reviewing AI-generated conversations,
maintaining accurate knowledge bases,
updating business information,
reviewing prompts and workflows,
ensuring responses remain appropriate for your customers,
monitoring automated decisions,
correcting inaccurate information generated by AI.
Failure to supervise AI-generated communications remains your responsibility.
Sandstem is not responsible for business losses resulting from inaccurate customer-provided information, outdated knowledge bases, incorrect prompts, or improperly configured automations.
14. Availability of the Service
While we strive to provide a reliable platform, we do not guarantee uninterrupted access to the Service.
The Service may occasionally experience:
scheduled maintenance,
emergency maintenance,
software updates,
hardware failures,
internet outages,
third-party service interruptions,
security incidents,
unexpected downtime.
We reserve the right to modify, suspend, discontinue, replace, or remove features of the Service at any time without prior notice.
From time to time, we may introduce beta, preview, experimental, or early-access features.
Such features are provided "as is" and may contain bugs, limitations, or incomplete functionality.
Beta features may be modified or discontinued at any time without liability.
15. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SANDSTEM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
WITHOUT LIMITING THE FOREGOING, SANDSTEM DOES NOT WARRANT THAT:
the Service will be uninterrupted or error-free;
defects or errors will always be corrected;
the Service will always be secure or free from harmful components;
AI-generated responses will be accurate, complete, or suitable for any specific purpose;
third-party integrations will remain available;
communications sent through the Service will always be successfully delivered.
Your use of the Service is entirely at your own risk.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SANDSTEM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
THIS INCLUDES, WITHOUT LIMITATION:
lost profits,
lost revenue,
lost business opportunities,
loss of customers,
business interruption,
reputational harm,
loss of data,
loss of goodwill,
procurement of substitute services.
WHETHER ARISING FROM CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, THESE LIMITATIONS APPLY EVEN IF SANDSTEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SANDSTEM'S TOTAL CUMULATIVE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO SANDSTEM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, these limitations apply only to the extent permitted by law.
17. Indemnification
You agree to defend, indemnify, and hold harmless Sandstem, its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against any claims, demands, lawsuits, damages, judgments, liabilities, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
your use of the Service;
your Customer Content;
your violation of these Terms;
your violation of any applicable law or regulation;
communications sent through your account;
your AI configurations, prompts, workflows, automations, or knowledge bases;
infringement of any third-party rights by your content or activities.
Sandstem reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully in such defense.
18. Governing Law & Dispute Resolution
These Terms shall be governed by and interpreted under the laws of the State of Arizona, without regard to its conflict of law principles.
Before initiating legal proceedings, both parties agree to attempt to resolve disputes through good-faith discussions.
If a dispute cannot be resolved informally, it shall be resolved through binding arbitration conducted in Maricopa County, Arizona, in accordance with the applicable arbitration rules.
Each party shall bear its own legal fees unless otherwise awarded by the arbitrator or required by applicable law.
Nothing in these Terms limits any non-waivable rights granted under applicable consumer protection laws.
19. Force Majeure
Sandstem shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control.
Such events include, without limitation:
natural disasters,
earthquakes,
floods,
fires,
pandemics,
epidemics,
war,
terrorism,
civil unrest,
labor disputes,
utility failures,
internet outages,
cyberattacks,
governmental actions,
failures of third-party service providers,
or any other event beyond Sandstem's reasonable control.
During such events, Sandstem's obligations shall be suspended for the duration of the event to the extent reasonably necessary.
20. Entire Agreement
These Terms, together with our Privacy Policy and any policies expressly incorporated by reference, constitute the complete and exclusive agreement between you and Sandstem regarding the Service.
They supersede all prior or contemporaneous communications, proposals, negotiations, representations, understandings, and agreements relating to the Service.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Any failure by Sandstem to enforce a provision of these Terms shall not constitute a waiver of that provision or any other right.
21. Changes to These Terms
Sandstem may modify these Terms from time to time.
If we make material changes, we will provide reasonable notice through email, within the Service, or by another appropriate method before the revised Terms become effective.
Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the updated Terms.
If you do not agree to the revised Terms, you must discontinue use of the Service before the changes take effect.
22. Contact Information
If you have any questions regarding these Terms, please contact us.
Sandstem
Legal: [email protected]
Support: [email protected]
Privacy: [email protected]
Website: www.sandstem.co
Location: Arizona, United States