Legal

Terms Of Use

Effective Date: October 8, 2026  |  Last Updated: October 8, 2026

THESE TERMS OF USE ("TERMS") ARE A LEGAL AGREEMENT BETWEEN YOU AND TALK KIT, A SUBSIDIARY OF BIGLY SALES, INC. ("TALK KIT," "COMPANY," "WE," "OUR," OR "US"). THEY APPLY EACH TIME YOU ACCESS OR USE THE TALKKIT.AI WEBSITE, THE TALK KIT VOICE AI WIDGET, THE TALK KIT MCP OR ANY RELATED SERVICE (TOGETHER, THE "SERVICES"). PLEASE READ THEM CAREFULLY. THESE TERMS CONTAIN AN ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A COURT HEARING AND A JURY TRIAL. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICES.

Who These Terms Apply To

A "Customer" is a business, or a person acting for a business, that signs up for a Talk Kit plan and adds the Talk Kit widget to its website. A "Visitor" is anyone who browses talkkit.ai or talks to the Talk Kit widget, whether on talkkit.ai or on a Customer's website. Sections that say "Customer" apply only to Customers. Everything else applies to everyone.

If you are a Visitor on a Customer's website, that Customer is responsible for its own website, offers and use of your information, and its own terms and privacy policy also apply to you.

If you accept these Terms on behalf of an organization, you confirm you have authority to do so. The organization is bound by these Terms and is responsible for any breach by you.

The Talk Kit Service

Talk Kit is a voice AI widget that a Customer adds to its website with one script tag. Visitors click the orb and talk out loud, and an AI voice assistant talks back. Depending on how the Customer sets it up, Talk Kit can answer questions from the Customer's website content, qualify leads, live-transfer calls to the Customer's staff by phone, book appointments, text links by SMS and send Stripe payment links.

We may add, change or remove features of the Services at any time. We are not obligated to provide any upgrade, enhancement or modification.

License Grant And Restrictions

Subject to your continued compliance with these Terms, we grant you a personal, revocable, limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Services. For Customers, this license is for your internal business use and to offer the widget to Visitors on websites you own or control.

You may not directly or indirectly: (a) use the Services to build a product that performs substantially the same functions; (b) disassemble, decompile, reverse-engineer or otherwise try to discover the source code, algorithms, prompts or trade secrets behind the Services; (c) sublicense, resell, rent, lease, time-share or use the Services in a service bureau arrangement, except as we expressly allow in writing; (d) modify or create derivative works of the Services; (e) disable, circumvent or undermine any security, usage-metering or access control; (f) remove or alter any proprietary notices, including the "Powered by Talk Kit" notice; or (g) use the Services in a way that could damage, disable, overburden or impair them or interfere with anyone else's use.

Eligibility And Your Account

You must be at least eighteen (18) years old, or the age of majority where you live if that is older, to become a Customer. The Services are not intended for anyone under thirteen (13), and Customers may not use Talk Kit with, or direct it to, children under 13.

You agree to give true, accurate, current and complete information, and only information you have the right and any required consent to provide. Customers must keep their account information up to date and keep their login credentials confidential. Tell us right away if you suspect any loss, theft or unauthorized use of your credentials. We are not liable for loss or damage caused by your failure to protect them. We may suspend or close an account if we reasonably believe information is untrue or the account is being used in violation of law or these Terms.

Setup Through The Talk Kit MCP

Customers install and configure Talk Kit through the Talk Kit MCP, using an AI coding agent of their choice (such as Claude Code, Codex or Cursor) and a scoped access token we provide. You agree that:

• you are responsible for keeping your token secret and secure, and for every action taken with it, including actions taken by any AI agent you authorize;
• you are responsible for reviewing the settings, scripts, prompts and website changes your agent makes, and for the results of those changes;
• third-party coding agents are not part of the Services, and their own terms apply to your use of them; and
• you will tell us right away if you believe your token has been exposed, so we can revoke it.

Customer Compliance Responsibilities

You, the Customer, are solely responsible for how you use Talk Kit with your Visitors and for complying with all applicable laws, rules and regulations. This includes, without limitation:

• Telemarketing and messaging laws: the Telephone Consumer Protection Act ("TCPA"), the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission's Telemarketing Sales Rule, the CAN-SPAM Act, state telemarketing and mini-TCPA laws, and federal and state do-not-call rules, for any calls, texts or emails you make or have made to Visitors, including follow-up contact after a widget conversation.
• Consent: making sure the consent text shown in the widget is accurate for your business and that you have any prior express written consent the law requires before you contact a Visitor for marketing.
• Call recording laws: obtaining every consent the law requires to record and transcribe conversations, including in states that require all parties to consent to a recording.
• AI disclosure and bot laws: making any disclosure required by law that Visitors are talking to an AI or automated system, and never configuring Talk Kit to claim it is a human.
• Privacy laws: providing any notices required by law on your own website (including a privacy policy that covers your use of Talk Kit), honoring your Visitors' privacy rights requests, and having a lawful basis for the information you collect. For Visitor information collected on your website, you are the controller or business and we process it on your behalf.
• Accuracy: making sure the website content, offers, prices, hours and instructions you give Talk Kit are accurate, lawful and not misleading. You are responsible for the statements Talk Kit makes based on your content and instructions.
• Live transfers: making sure the phone numbers you give us for live transfers belong to your staff and that those people agree to receive transferred calls.

We do not review, approve or verify your consent language, scripts, content or practices for legal compliance. You agree to indemnify and hold us harmless from any claims, fines or damages arising from your use of the Services, as described in the Indemnification section.

Acceptable Use

You may not use the Services, or allow anyone else to use them, to:

• do anything unlawful, fraudulent, deceptive, harassing, abusive, threatening, defamatory or discriminatory;
• impersonate any person or organization, or mislead Visitors about who they are talking to;
• collect information from children under 13, or target content to them;
• collect payment card numbers, bank account numbers, government ID numbers, passwords, health information or other sensitive information through the voice conversation (use the Stripe payment link feature for payments instead);
• send spam, or contact anyone who has not given any consent the law requires;
• infringe anyone's intellectual property, privacy or publicity rights;
• upload or transmit malware, or probe, scan or test the vulnerability of the Services;
• overload the Services or use automated means to generate artificial calls or usage; or
• violate any other provision of these Terms or our Privacy Policy.

AI Voice Services

• How it works. Talk Kit uses third-party AI service providers to convert speech to text, generate responses and produce voices, or to do all three with a speech-to-speech model. Conversations are recorded and transcribed.
• AI can make mistakes. AI-generated responses may sometimes be inaccurate, incomplete or unexpected. Visitors should not rely on Talk Kit for critical decisions and should confirm important information directly with the business.
• No guaranteed outcomes. We make no warranty about conversion rates, lead quality, appointment volume, transfer success, call completion or any other business result.
• Availability. Voice conversations depend on Visitors' devices, browsers, microphones and connections, and on third-party providers. We do not guarantee that every conversation will connect or complete.
• TCPA liability. We are not liable for violations of the TCPA, the Telemarketing Sales Rule or any state telemarketing, recording or AI disclosure law resulting from a Customer's use of the Services, content, scripts or follow-up contact.

Plans, Billing And Cancellation

• Plans. Talk Kit offers Starter, Growth, Pro and Scale plans, billed monthly or yearly. Each plan includes a set number of voice minutes per billing period. The current fees, included minutes and overage rates are shown on our pricing page and at checkout.
• Usage. Voice minutes beyond your plan's included minutes are billed as overage at your plan's per-minute rate. Usage is measured and billed in full-minute increments. The optional speech-to-speech engine carries an additional per-minute charge shown on our pricing page.
• Payment. Payments are processed by Stripe, and checkout runs through app.biglysales.com. By placing an order, you authorize us and our payment processor to charge your payment method for your plan, any overage and applicable taxes. You are responsible for the accuracy of your payment information and for all charges on your account. All amounts are in U.S. dollars.
• Automatic renewal. Your plan renews automatically at the end of each monthly or yearly billing period, and your payment method is charged at the then-current rate, until you cancel.
• Cancellation. You can cancel at any time, in one click. Canceling stops all future renewal charges, and your plan stays active until the end of your current billing period.
• No refunds. All payments are final. We do not give refunds or credits for monthly plans, partial billing periods or unused minutes, and yearly plans, which are paid up front for a discount, are never refunded in whole or in part, except for billing mistakes or where the law requires it.
• Price changes. We may change fees for future billing periods. We will notify you in advance of any change to your plan's fees, and the change takes effect at your next renewal.
• Late payment. If a payment fails or is not made when due, we may suspend or terminate the Services. You will reimburse us for reasonable costs of collecting past-due amounts, including reasonable attorneys' fees.
• Taxes. You are responsible for all taxes, levies and duties that apply to your purchases, other than taxes on our income.

Promotions And Referral Rewards

We may offer promotions, discounts and referral rewards from time to time. Each is subject to its stated terms, has no cash value unless stated otherwise, and may be changed or ended at any time. We may withhold or reverse rewards obtained through fraud, abuse or a violation of these Terms.

Data Privacy

Using the Services involves submitting and processing personal information, including contact details, voice recordings and transcripts. Our Privacy Policy, which is part of these Terms, explains how we handle it. Customers own the content they provide and the Visitor information collected through their widget, and grant us the rights needed to host, process and use it to provide, secure and support the Services.

Electronic Communications

We may send you emails and other electronic messages about your use of the Services, including alerts and notices. You consent to receive them and agree that they satisfy any legal requirement that notices be in writing.

When you click the button to start a conversation in the widget after its consent text is shown, you agree that doing so is your electronic signature under the federal ESIGN Act and similar state laws, with the same effect as a handwritten signature.

SMS And Text Messaging Terms

By providing your mobile number and opting in, you consent to receive text messages at that number from the business named in the consent text. Consent to receive marketing texts is not a condition of any purchase.

• Program description. Messages may include links you requested during a conversation, appointment confirmations, payment links, account and service notices, support replies and, where you separately opted in, marketing messages.
• Frequency and rates. Message frequency varies. Message and data rates may apply, and you are responsible for any charges from your wireless carrier.
• Opting out. Reply STOP to any message to stop receiving texts. You may receive one final message confirming your opt-out. Reply HELP for help, or email [email protected].
• Mobile information. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent are not shared, sold, rented, leased, traded or otherwise disclosed to any third party or affiliate. The only parties that may receive your mobile information are the SMS aggregators, wireless carriers and messaging platform providers strictly necessary to deliver the messages you requested.
• Delivery. Message delivery depends on your wireless carrier. Carriers are not liable for delayed or undelivered messages.
• Eligibility. You must be at least 18 and the authorized subscriber or customary user of the mobile number you provide.

If this section conflicts with any other part of these Terms about mobile information or text messaging consent, this section controls.

Third-Party Services

Some features are delivered by third-party providers, including AI speech and language providers, voice infrastructure, telephony and messaging carriers, hosting providers and Stripe. You agree that we may share information you submit with those providers as needed to deliver the features you use, and that their own terms may apply. These Terms add to, and do not change, any third-party terms.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY MATERIALS, PRODUCTS, SERVICES OR WEBSITES LINKED FROM OR ACCESSED THROUGH THE SERVICES, OR FOR ANY LOSS OR DAMAGE FROM YOUR DEALINGS WITH A THIRD PARTY.

Proprietary Rights

The Services and all content, software, designs, text, graphics, logos (including the Talk Kit name and wordmark) and other materials in them are owned by us or our licensors and are protected by copyright, trademark and other intellectual property laws. We reserve all rights not expressly granted in these Terms. If you send us feedback or suggestions, including by talking to the AI, we may use them without any obligation to you.

Indemnification

You agree to indemnify, defend and hold harmless Talk Kit, Bigly Sales, Inc. and their officers, directors, employees, agents, successors and assigns from and against all losses, costs, liabilities, damages, fines and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your violation of these Terms; (b) your violation of any personal or proprietary right of a third party; (c) your violation of any applicable law, rule or regulation, including telemarketing, recording consent, AI disclosure and privacy laws; or (d) for Customers, your content, configuration, consent language and contact with your Visitors. We may, at our own cost, assume the exclusive defense and control of any matter subject to indemnification, and you will cooperate with us.

Disclaimers And Limitation Of Liability

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; THAT THEY WILL BE FREE OF VIRUSES, MALWARE OR ERRORS; THAT AI-GENERATED RESPONSES WILL BE ACCURATE; OR THAT THE SERVICES WOULD NOT BE FOUND TO BE AN "AUTOMATIC TELEPHONE DIALING SYSTEM" OR SIMILAR IF CHALLENGED UNDER THE TCPA OR SIMILAR STATE LAW. WE EXPRESSLY DISCLAIM ANY WARRANTY REGARDING THE LOSS OR CORRUPTION OF DATA UPLOADED TO, STORED BY OR TRANSMITTED BY THE SERVICES.

IN NO EVENT WILL WE BE LIABLE, REGARDLESS OF THE FORM OF CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE), FOR: (A) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS OR GOODWILL, EVEN IF FORESEEABLE OR IF WE WERE ADVISED OF THE POSSIBILITY; OR (B) ANY DAMAGES THAT, IN THE AGGREGATE, EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY YOU TO US WITHIN THE THREE (3) MONTHS BEFORE THE DATE ON WHICH THE CLAIM OR CAUSE OF ACTION FIRST AROSE. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW SOME OF THESE DISCLAIMERS OR LIMITATIONS. WHERE THAT IS THE CASE, THEY APPLY TO THE MAXIMUM EXTENT THE LAW PERMITS.

Arbitration

If we cannot resolve a dispute between us arising out of or relating to these Terms or the Services, whether in contract, tort or otherwise, at law or in equity, the dispute will be resolved exclusively through final and binding arbitration under the Federal Arbitration Act. The arbitration will be conducted by a single neutral arbitrator and administered under the Commercial Arbitration Rules of the American Arbitration Association. The exclusive site of the arbitration will be Broward County, Florida. The arbitrator's award will be final, and judgment on it may be entered in any court with jurisdiction. The prevailing party is entitled to recover its costs and reasonable attorneys' fees. The arbitrator will decide the entire dispute, including the scope and enforceability of this arbitration provision. This provision survives termination of these Terms. Notwithstanding the above, we may seek injunctive relief against your violation of these Terms in any court of competent jurisdiction.

Term, Termination And Suspension

These Terms take effect when you first access or use the Services. We may deny, suspend or terminate your access to all or part of the Services at any time, with or without notice, if we reasonably believe you have violated these Terms or the law, or to protect the Services, our business, Visitors or others. These Terms end automatically if you fail to comply with them. You may stop using the Services at any time, and Customers may cancel as described above. When these Terms end, your license ends and you must stop using the Services, including removing the widget from your website.

Provisions about proprietary rights, payment obligations, disclaimers, limitations of liability, indemnification, arbitration, injunctive relief, governing law, severability and waiver survive termination.

Governing Law

These Terms are governed by the laws of the State of Florida, United States of America, without regard to its conflict of laws principles. You may not use the Services from any jurisdiction that does not give effect to all provisions of these Terms.

General Terms

• Independent contractors. We are independent contractors. Nothing in these Terms creates a joint venture, partnership, employment or agency relationship.
• Security and compliance. We may monitor and record activity on the Services. We may comply with government, court and law enforcement requests involving your use of the Services.
• Export controls. You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties, and you will comply with all applicable sanctions and export laws.
• Severability and waiver. If any part of these Terms is found invalid or unenforceable, the rest stays in effect to the maximum extent permitted by law. Our failure to enforce any provision is not a waiver of it.
• Injunctive relief. You agree that a breach of these Terms could cause us irreparable harm, and that we may seek an injunction or other equitable relief without posting a bond, in addition to any other remedy.
• Assignment. You may not assign these Terms without our written consent. We may assign them, including to an affiliate or in a merger, acquisition or sale of assets.

Changes To These Terms

We may change these Terms by posting a revised version on this page or by emailing notice to you (or by any other method the law requires). Your continued use of the Services after a change is posted means you accept it. Please review these Terms from time to time.

Contact Us

If you have questions about these Terms, contact us: