Terms of Service

1. Acceptance of these terms

By creating an account, accessing, or using the Services, you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy, each of which is incorporated by reference. If you are entering into these Terms on behalf of an agency or other organization, you represent that you have authority to bind that organization, and “you” refers to that organization. If you do not agree, do not use the Services.

2. 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 your account information, for keeping your credentials secure, and for all activity that occurs under your account. Notify us promptly at hello@setrpro.io of any unauthorized use.

3. The Services

Setr provides an AI-assisted platform for insurance agents to manage contacts, send and receive SMS/MMS and voice communications through their own connected accounts, qualify replies, book and manage appointments, and automate follow-up. We may add, change, or remove features over time. We may also set reasonable usage limits to protect the Services and other users.

4. Your compliance responsibilities

You are solely responsible for your communications and for complying with all laws and rules that apply to them. Without limiting that responsibility, you agree that:

• you will obtain and maintain all legally required consent (including prior express written consent where required) before sending marketing or autodialed/automated text or voice messages, in compliance with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, federal and state Do-Not-Call rules, CAN-SPAM, CTIA messaging principles, carrier requirements, and applicable state laws;
• you will honor opt-out and revocation requests (including STOP) promptly, and you will not contact individuals who have opted out or who are on an applicable suppression or do-not-contact list;
• you will accurately identify yourself as the sender, will not send deceptive, misleading, or spoofed messages, and will respect quiet-hours and frequency expectations;
• you will maintain any insurance licenses, appointments, and authorizations required to conduct your business, and you will comply with all applicable insurance, advertising, and consumer-protection regulations; and
• you will comply with our Acceptable Use Policy.

You acknowledge that Setr provides tools to help you operate compliantly, but you — not Setr — are the sender and the party responsible for your outreach and consent practices.

5. Bring-your-own-Twilio and third-party services

The Services let you connect third-party accounts and integrations, including Twilio (for messaging and voice), Google (for sign-in and calendar), and others. You are responsible for your own Twilio account, phone numbers, A2P 10DLC brand and campaign registrations, message content, and any telecom or carrier fees, and for complying with each provider’s terms. Your use of those third-party services is governed by their respective terms and privacy policies, and we are not responsible for their acts, omissions, availability, or fees. You authorize us to access and use those connected accounts as needed to provide the Services at your direction.

6. AI features and no professional advice

The Services include automated and AI-generated features, including our assistant “Samantha,” which can classify replies and draft or send messages based on the autonomy level you configure. AI output may be inaccurate, incomplete, or inappropriate for a given situation. You are responsible for reviewing and approving communications consistent with your settings, and you remain responsible for everything sent from your account. The Services do not provide legal, compliance, financial, tax, or insurance advice, and AI output is not a substitute for your professional judgment or for advice from a qualified professional.

7. Fees, usage, and billing

Paid plans, usage-based charges, and AI credits are billed through our payment processor (Stripe) according to the pricing presented to you. Fees may include subscription charges and metered usage (such as messaging, voice, AI processing, imports, and storage). Unless stated otherwise or required by law, fees are non-refundable, are exclusive of taxes, and you are responsible for applicable taxes. Telecom charges billed directly by your own Twilio account are separate and are your responsibility. We may change pricing prospectively with notice; continued use after a price change constitutes acceptance. Late or failed payments may result in suspension.

8. Your data and our license to process it

As between you and us, you retain all rights to the data you submit to the Services, including your contact and message data (“Customer Data”). You grant us a worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Data solely as needed to provide, secure, and improve the Services, to provide support, and as otherwise permitted by these Terms and our Privacy Policy, under which we act as your processor for Customer Data. You represent that you have all rights and consents necessary to provide Customer Data to us and to have it processed as described. We may use aggregated and de-identified data that does not identify you or any individual to operate and improve the Services.

9. Intellectual property

The Services, including all software, models, content, and trademarks (other than Customer Data), are owned by Setr LLC or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services during your subscription. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of the Services except as permitted by law. Feedback you provide may be used by us without obligation to you.

10. Acceptable use

You must use the Services in accordance with our Acceptable Use Policy. Among other things, you may not use the Services for unlawful, harmful, deceptive, or abusive purposes, send prohibited message content, violate others’ rights, or attempt to disrupt or gain unauthorized access to the Services.

11. Confidentiality

Each party may have access to the other’s non-public information. Each party agrees to protect the other’s confidential information using reasonable care and to use it only as needed to perform under these Terms, except where disclosure is required by law.

12. Term, suspension, and termination

These Terms apply while you use the Services. You may stop using the Services and close your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms or the Acceptable Use Policy, fail to pay, or create risk or legal exposure for us or others, or if required to do so by a provider or by law. Upon termination, your right to use the Services ends. We will make Customer Data available for export for a limited period as described in our documentation or as required by law, after which we may delete it. Sections that by their nature should survive termination (including Sections 7–9 and 13–18) will survive.

13. Disclaimers

The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, that messages or calls will be delivered, or that AI output will be accurate or suitable. You assume responsibility for results obtained from the use of the Services.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, revenues, goodwill, or data, arising out of or relating to these Terms or the Services, even if advised of the possibility of such damages. Our total aggregate liability arising out of or relating to these Terms or the Services will not exceed the amounts you paid to us for the Services in the twelve (12) months before the event giving rise to the liability. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

15. Indemnification

You will indemnify, defend, and hold harmless Setr LLC and its officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Customer Data or your communications; (b) your failure to obtain required consent or to honor opt-outs; (c) your violation of the TCPA, Do-Not-Call rules, carrier requirements, insurance regulations, or other applicable law; (d) your breach of these Terms or the Acceptable Use Policy; or (e) your use of third-party services connected to the Services.

16. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. You and we agree to first try to resolve any dispute informally by contacting hello@setrpro.io. Any dispute that is not resolved informally will be brought exclusively in the state and federal courts located in Florida, and you and we consent to the personal jurisdiction of those courts. Each party waives any right to a jury trial to the extent permitted by law.

17. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the effective date above and, where appropriate, provide additional notice. Your continued use of the Services after an update means you accept the revised Terms.

18. General terms

These Terms, together with the Privacy Policy and Acceptable Use Policy, are the entire agreement between you and us regarding the Services. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. Notices to you may be sent to the email associated with your account; notices to us should be sent to hello@setrpro.io.

19. Contact

Questions about these Terms can be sent to Setr LLC at hello@setrpro.io.