Last updated: January 6, 2026
These Terms describe the agreement between you and Assay when you use our Service. They are written to be readable. Where law requires precise legal language we use it; everywhere else we don't.
The legal version follows. The short version is this:
Now the precise version.
These Terms of Service (the "Terms") form a binding agreement between KGDT Enterprise Software Solutions LLC ("Assay", "we", "us") and the individual or entity that creates an Assay account or otherwise uses the Service ("you", "Customer"). By creating an account, clicking a button labeled "I agree" or similar, or using the Service, you accept these Terms on behalf of yourself and any organization on whose behalf you are signing up.
If you are signing up on behalf of an organization, you represent that you have authority to bind that organization. If you do not have that authority, do not create an account.
Assay is a sales-pipeline instrument. The Service places and answers telephone calls on the Customer's behalf, captures audio of those calls, generates transcripts, computes a numeric Assay Score for each call, and dispatches resulting actions — calendar bookings, CRM updates, SMS messages, and similar — to systems the Customer has connected.
The Service is available to businesses and other organizations operating in the United States and Canada. The Service is not available to consumers and is not intended for personal, family, or household use.
To create an account you must be at least 18 years old and capable of forming a binding contract under the laws of the jurisdiction in which you operate. You must provide accurate, current, and complete information during signup and keep it accurate. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.
You must enable multi-factor authentication on any administrator account. The Service will not let you turn it off.
You retain ownership of all contact lists, scripts, integration configurations, and other information you upload to or configure in the Service ("Customer Content"). You grant Assay a non-exclusive, worldwide, royalty-free license to use Customer Content solely to provide the Service to you, to compute Assay Scores from it, and to maintain it for the periods described in our Privacy Policy.
You are solely responsible for your Customer Content and for the consequences of placing calls based on it. Specifically, you represent and warrant that:
If you cannot make these representations honestly, you must not use the Service.
You will not, and will not permit your users to:
We may suspend or terminate access to the Service if we reasonably believe you are violating any of the above. We will, where time permits and the violation is not ongoing harm, give you notice and an opportunity to cure before doing so.
The Service is offered on a monthly subscription basis at the tier and price you selected during signup. Payments are processed by Stripe, Inc., our exclusive payment processor. Fees are charged in advance on the day of the month you signed up. You authorize Stripe, on Assay’s behalf, to charge the payment method on file for these fees and any applicable taxes. Stripe receives only the billing information required to process payment; it does not receive call content, transcripts, contact lists, or any other customer data.
If you exceed the included monthly minutes of your plan, additional minutes are charged at a flat $0.35 per minute, billed at the end of the month, regardless of tier. We send a notification email when usage exceeds 80% of your plan's included minutes; you are not obligated to upgrade, but the overage rate applies past 100%.
Refunds, when due, are issued through Stripe back to the original payment method within 5 to 10 business days. As a general practice, we refund unused portions of a billing cycle pro-rata if the Service was materially unavailable or did not perform as described; we do not refund cycles in which the Service was used.
You may cancel your subscription at any time from the billing page in your dashboard, which terminates the Stripe subscription on your behalf with no separate contact required. Cancellation takes effect at the end of the current billing cycle; no further charges are made and no refund is owed for the unused remainder of the cycle. Your account remains accessible in read-only form for 90 days after cancellation, during which time you may export your data; after 90 days the account is permanently closed and your data is deleted in accordance with our Privacy Policy.
We may terminate or suspend your access to the Service immediately, with or without notice, if we reasonably believe you have materially breached these Terms, in which case fees already paid for the current cycle are not refundable.
We target 99.9% monthly availability of the Service measured at the call-placement API. If we miss that target in any monthly cycle, we credit the affected Customer's next invoice on the following schedule:
Credit is the sole remedy for an SLA miss. Outages caused by a Customer's own integration, a third-party carrier outage outside our control, or scheduled maintenance announced at least 48 hours in advance are excluded from SLA calculation.
As between you and Assay, Assay retains all right, title, and interest in and to the Service, including the underlying software, the Assay Score scoring methodology, the marketing site, and all related trademarks. No rights are granted to you by implication.
Feedback you provide about the Service — bug reports, feature requests, suggestions — is provided gratis and may be used by Assay without restriction. We will not name you in any external communication about your feedback without your permission.
We warrant that the Service will substantially perform as described in our published documentation when used in accordance with these Terms. We do not warrant that the Service will be uninterrupted, error-free, or free from all security vulnerabilities; that any specific Assay Score will accurately predict a specific business outcome; or that any specific call will be answered, qualify a lead, or book a meeting.
Except for the express warranty above, the Service is provided "as is" and "as available." To the maximum extent permitted by applicable law, Assay disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by applicable law, Assay's aggregate liability arising out of or relating to these Terms or the Service is capped at the greater of (a) the fees paid by the Customer to Assay in the twelve months preceding the event giving rise to liability, or (b) one hundred US dollars.
In no event will Assay be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or cost of substitute goods or services, even if Assay has been advised of the possibility of such damages.
The limitations in this section do not apply to a party's liability for gross negligence, fraud, or willful misconduct, or to any liability that cannot lawfully be limited.
You will defend, indemnify, and hold harmless Assay and its officers, directors, employees, and agents from and against any third-party claim, demand, or proceeding, and any related damages, costs, and reasonable attorneys' fees, that arise out of (a) your Customer Content, (b) your use of the Service in violation of these Terms or applicable law, or (c) a TCPA, Telemarketing Sales Rule, or analogous regulatory action initiated based on calls placed on your behalf using lists you uploaded.
Assay will defend, indemnify, and hold harmless you against any third-party claim that the Service, as provided by Assay and used in accordance with these Terms, infringes a US patent, copyright, or trademark; Assay's total obligation under this clause is capped at the same limit described in the Limitation of Liability section.
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 by binding arbitration administered by JAMS in San Francisco, California, under the JAMS Streamlined Arbitration Rules, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
The arbitration will be conducted in English, by a single arbitrator, and the award will be enforceable in any court of competent jurisdiction. You and Assay each waive the right to a jury trial and the right to participate in a class action.
These Terms, together with the Privacy Policy and any order form executed between the parties, constitute the entire agreement between you and Assay with respect to the Service. If any provision is held unenforceable, the remainder will remain in full force.
We may modify these Terms by posting a revised version at getassay.io/legal/terms. Material changes will be communicated to the named account owner by email at least 30 days before they take effect; continued use of the Service after the effective date constitutes acceptance of the revised Terms.
You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets, in which case we will tell you and you will have the right to terminate before the assignment takes effect.
Legal notices: [email protected].
Process server / written legal correspondence: KGDT Enterprise Software Solutions LLC, 45 Market Ave. North STE 100, Canton, OH 44721, United States.