Terms of Service

Article I — Parties and Acceptance

1.1 Operator. The Platform is owned and operated by VoicePunch LLC, a California limited liability company doing business as byFrosty, located at 16249 Darcia Pl., Encino, California 91436 ("Company," "we," "us," or "our").

1.2 Agreement. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and the Company governing your access to and use of the Platform, including the byFrosty AI agent marketplace, all content, tools, features, and services offered thereon.

1.3 Modifications. We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a notice posted on the Platform at least 14 days before taking effect. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

Article II — Eligibility and Accounts

2.1 Minimum Age. You must be at least 15 years of age to use the Platform. By using the Platform, you represent and warrant that you meet this age requirement. If you are under 15, you may not register, submit content, or use the Platform in any manner.

2.2 Account Registration. You may be required to create an account to access certain features. You agree to provide accurate, current, and complete information and to keep your account information updated. You are solely responsible for all activity under your account and for maintaining the confidentiality of your credentials.

2.3 Account Termination. We reserve the right to suspend or terminate your account at any time, with or without notice, for any violation of these Terms or for any other reason in our sole discretion. Upon termination, your right to use the Platform ceases immediately.

Article III — Platform Description

3.1 byFrosty Marketplace. byFrosty operates an online marketplace through which users may browse, download, upload, and interact with artificial intelligence agents, bots, automation tools, and related software ("AI Agents"). AI Agents may be created and submitted by the Company or by registered third-party contributors ("Contributors").

3.2 No Endorsement. The Company does not endorse, certify, verify, or guarantee the accuracy, reliability, safety, legality, or quality of any AI Agent available on the Platform, whether created by the Company or a third-party Contributor. All AI Agents are made available on an "as is" and "as available" basis.

3.3 Platform Changes. We reserve the right to modify, suspend, or discontinue any part of the Platform at any time without notice or liability.

Article IV — User Conduct and Acceptable Use

4.1 Permitted Use. You may use the Platform only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy (incorporated herein by reference).

4.2 Prohibited Conduct. You agree that you will not:

• Use the Platform in any manner that violates applicable federal, California, or local law or regulation
• Upload, submit, or distribute any AI Agent or content that is malicious, harmful, deceptive, defamatory, obscene, or otherwise objectionable
• Infringe the intellectual property, privacy, or other rights of any third party
• Attempt to gain unauthorized access to any portion of the Platform or its infrastructure
• Scrape, crawl, or harvest data from the Platform without prior written consent
• Reverse engineer, decompile, or attempt to extract source code from any AI Agent or the Platform
• Impersonate byFrosty, VoicePunch LLC, or any other person or entity
• Use the Platform to transmit spam, unsolicited communications, or any form of automated bulk messaging
• Interfere with or disrupt the integrity or performance of the Platform

Article V — Intellectual Property

5.1 Company IP. The Platform, including its design, software, trademarks, trade names, logos, and all content created by the Company (collectively, "Company IP"), is owned by or licensed to VoicePunch LLC. You are granted no rights in Company IP other than a limited, non-exclusive, non-transferable license to use the Platform as permitted by these Terms.

5.2 User Content License. By submitting any content to the Platform — including AI Agents, descriptions, comments, or feedback — you grant the Company a perpetual, worldwide, non-exclusive, royalty-free, sublicensable license to use, host, display, distribute, reproduce, and modify such content in connection with operating and improving the Platform.

5.3 DMCA. If you believe content on the Platform infringes your copyright, please submit a notice to legal@byfrosty.com as described in our Copyright & DMCA Policy.

Article VI — Payments and Fees

6.1 Current Pricing. Certain features of the Platform may be offered free of charge. The Company reserves the right to introduce fees for downloads, uploads, subscriptions, or other services in the future. Users will be notified of any new fees before they take effect.

6.2 Future Payment Terms. When payment functionality is activated, additional payment terms — including billing cycles, refund policies, and accepted payment methods — will be posted on the Platform and incorporated into these Terms.

Article VII — Disclaimers and Limitation of Liability

7.1 No Warranties. THE PLATFORM AND ALL AI AGENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY.

7.2 AI Agent Disclaimer. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE OUTPUT, BEHAVIOR, SAFETY, OR PERFORMANCE OF ANY AI AGENT AVAILABLE ON THE PLATFORM. AI AGENTS MAY PRODUCE UNEXPECTED, INACCURATE, OR HARMFUL RESULTS. USERS DOWNLOAD AND USE AI AGENTS ENTIRELY AT THEIR OWN RISK.

7.3 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOICEPUNCH LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO US IN THE PRIOR 12 MONTHS, WHICHEVER IS GREATER.

Article VIII — Indemnification

You agree to indemnify, defend, and hold harmless VoicePunch LLC, its members, officers, agents, and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party right; or (d) any content you submit to the Platform.

Article IX — Governing Law and Dispute Resolution

9.1 Governing Law. These Terms shall be governed by the laws of the State of California and applicable federal law, without regard to conflict of laws principles.

9.2 Arbitration. Any dispute arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration in Los Angeles County, California, under the rules of the American Arbitration Association. You waive any right to a jury trial or to participate in a class action.

9.3 Injunctive Relief. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

Article X — Miscellaneous

10.1 Entire Agreement. These Terms, together with our Privacy Policy, Cookie Policy, and Acceptable Use Policy, constitute the entire agreement between you and the Company regarding the Platform.

10.2 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.3 Waiver. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

10.4 Contact. Questions about these Terms: legal@byfrosty.com · 16249 Darcia Pl., Encino, California 91436