Terms of Service

1. Acceptance

By creating a Tempo AI account, signing an Order Form, submitting our web form, or accessing the Services, you (“Client” or “you”) agree to these Terms of Service (“Terms”) with New Odyssey Ventures LLC (d/b/a Tempo AI, “Tempo,” “we,” or “us”). If you are entering into these Terms on behalf of an entity, you represent that you have the authority to bind that entity.

2. Services & License

Tempo grants Client a non-exclusive, non-transferable, revocable right to access and use the Platform during the subscription term, solely for Client’s internal business purposes.

3. SMS / Text Messaging Terms

Program Description. Tempo AI (New Odyssey Ventures LLC) operates an SMS messaging program for individuals who opt in by providing their mobile number and checking the consent box on our web form (or otherwise providing express written consent). By subscribing, you may receive recurring automated marketing and informational text messages, including appointment reminders, lead follow-ups, customer service updates, account notifications, and promotional offers.

Opt-Out. You can cancel at any time by replying STOP to any message you receive from us. After you opt out, you will receive a confirmation message and will no longer receive SMS messages unless you subscribe again.

Re-Subscribing. If you have opted out and wish to receive messages again, you can re-subscribe by submitting our web form with the consent box checked, or by texting START to the number from which you previously received messages.

Help & Support. For assistance, reply HELP to any message, or contact us at hello@mytempo.io or 646-718-5250.

Carrier Liability. Carriers are not liable for delayed or undelivered messages. Delivery of messages is subject to effective transmission by your wireless carrier and is not guaranteed.

Message Frequency. Message frequency varies.

Message & Data Rates. Message and data rates may apply. Such charges are billed by and payable to your mobile service provider. Tempo AI is not responsible for any such charges.

Privacy. Review our Privacy Policy at https://tempoagents.io/privacy-policy to learn how we collect and use mobile information. Your mobile phone number and messaging consent data are never shared, sold, or provided to third parties or affiliates for marketing or promotional purposes.

Consent Not Required for Purchase. Consent to receive text messages is not a condition of purchasing any goods or services.

Age Restriction. You must be at least 18 years of age to opt in to or use the SMS program. By opting in, you represent that you are 18 or older and that you are the account holder or have the account holder’s permission to enroll the mobile number provided.

Compliance. This messaging program is operated in compliance with applicable messaging laws and regulations, including the Telephone Consumer Protection Act (TCPA), and with CTIA Messaging Principles and Best Practices.

4. Client Obligations

• Lawful Use. Client will obtain all necessary consents for automated calls, SMS, and recordings (e.g., TCPA, CAN-SPAM, state two-party consent laws).
• Data Accuracy. Client is responsible for data provided to Tempo (phone numbers, scripts, schedules).
• Security. Client must safeguard account credentials and notify Tempo immediately of any unauthorized use.

5. Fees & Payment

Fees, billing frequency, and overage rates are specified in the applicable Order Form or Statement of Work (SOW). Late payments accrue 1.5% interest per month or the maximum lawful rate.

6. Term & Termination

Either party may terminate for material breach after 30 days’ written notice and opportunity to cure. Upon termination, Client’s access is disabled and outstanding fees become immediately due. Sections 6–12 survive termination.

7. Intellectual Property

Tempo retains all intellectual property rights in the Platform, models, and derivatives. Client owns its pre-existing data and content uploaded to the Platform.

8. Disclaimers & Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS”. TEMPO DISCLAIMS ALL IMPLIED WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEMPO’S AGGREGATE LIABILITY IS LIMITED TO FEES PAID BY CLIENT IN THE 3 MONTHS PRECEDING THE CLAIM; TEMPO IS NOT LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES.

9. Confidentiality

Each party agrees to protect the other’s Confidential Information with a reasonable degree of care and to use it only as necessary under these Terms.

10. Indemnification

Client will indemnify Tempo against third-party claims arising from (a) Client’s violation of law (e.g., TCPA), (b) content provided by Client, or (c) unauthorized use of the Platform.

11. Governing Law & Dispute Resolution

These Terms are governed by New Jersey law. All disputes shall be resolved by binding arbitration in Newark, NJ, under the Commercial Arbitration Rules of the American Arbitration Association. Judgment may be entered in any court of competent jurisdiction.

12. Miscellaneous

• Force Majeure: Neither party is liable for events beyond its reasonable control.
• Assignment: Client may not assign these Terms without Tempo’s prior written consent.
• Entire Agreement: These Terms, the Privacy Policy, and any Order Form/SOW constitute the entire agreement.
• Amendments: Tempo may modify these Terms with 30 days’ notice. Continued use constitutes acceptance.
• Contact: Tempo AI (New Odyssey Ventures LLC) · hello@mytempo.io · 646-718-5250

By continuing to use the Services, Client acknowledges these Terms and the Privacy Policy.