Terms and Conditions

Acceptance of Terms

These Terms and Conditions (“Terms”) govern your access to and use of the website at damascenelabs.com and the Theo service provided by Damascene Labs Inc. (“Damascene Labs,” “we,” “us,” or “our”). By accessing our website, using Theo, or enrolling in our SMS Appointment Notification Program, you agree to be bound by these Terms. If you do not agree, do not use our website or services.

Description of Services

Damascene Labs provides Theo, an AI voice agent that businesses use to answer inbound phone calls, including calls related to scheduling appointments. We also provide a website through which visitors can learn about Theo and join our waitlist.

Theo Scheduling Assistant

Theo is Damascene Labs' AI voice agent. When configured by a business customer for scheduling, Theo can hold a phone conversation with a caller to help them request, confirm, reschedule, or cancel an appointment with that business. Theo acts on behalf of the business customer that deployed it. Damascene Labs is not a party to the underlying appointment or the relationship between the caller and the business.

Informational Nature of the Service

Theo and any SMS notifications sent through the Appointment Notification Program are informational tools designed to help schedule and communicate about appointments. They do not constitute professional advice of any kind. The business customer is solely responsible for the accuracy of appointment details, its own business policies, and any advice given to callers outside of scheduling.

No Medical Advice

Nothing communicated by Theo, whether during a phone call or in an SMS notification, constitutes medical advice, diagnosis, or treatment. Theo does not evaluate symptoms, provide clinical guidance, or make medical decisions. Always consult a qualified healthcare professional for medical questions. Theo and our services are not represented as compliant with the Health Insurance Portability and Accountability Act (HIPAA) or similar healthcare privacy laws.

No Emergency Use

Theo and our SMS notifications are not intended for use in an emergency. If you are experiencing a medical, safety, or other emergency, call 911 or your local emergency number immediately. Do not rely on Theo or SMS messages for time-sensitive or emergency communication.

User Responsibilities

When interacting with Theo or our website, you agree to:

• Provide accurate information, including your phone number and appointment details
• Use the service only for lawful purposes
• Not attempt to interfere with, disrupt, or gain unauthorized access to our systems
• Not use Theo or our SMS program to harass, abuse, or impersonate others

Account and Contact Information

Business customers are responsible for keeping their account and contact information current, including any information used to configure Theo. Callers are responsible for providing an accurate mobile phone number when enrolling in SMS notifications, since notifications are sent to the number provided during the verbal consent process.

SMS Appointment Notification Program

Damascene Labs operates the “Damascene Labs Appointment Notifications” program. Messages sent through this program include appointment request acknowledgments, confirmations, reminders, rescheduling updates, and cancellation confirmations related to an appointment discussed with Theo. This program does not send advertising or promotional messages.

SMS Consent

Enrollment in the SMS Appointment Notification Program requires your affirmative verbal “yes” during a call with Theo or an authorized representative, using the disclosure and process described on our SMS Consent and Verbal Opt-In Process page. Consent to receive SMS messages is optional and is not a condition of using our scheduling service. If you do not consent, you can still request, confirm, reschedule, or cancel an appointment through the call itself or other means the business customer makes available.

Message Frequency

Message frequency varies based on your appointment activity and is typically between one and four messages per appointment.

Message and Data Rates

Message and data rates may apply to SMS messages you receive from us. Check with your mobile carrier for details about your plan.

Opting Out

You may opt out of the SMS Appointment Notification Program at any time by replying STOP to any message you receive. After you opt out, you will not receive further SMS messages from the program unless you re-enroll through a new verbal consent process. Opting out of SMS does not prevent you from accessing the underlying scheduling service through other available methods, such as speaking with Theo or the business directly.

Help and Support

Reply HELP to any message for assistance, or contact us at hello@damascenelabs.com. Carriers are not liable for delayed or undelivered messages.

Availability and Changes to the Service

We aim to keep our website and Theo available, but we do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of our website or Theo at any time, with or without notice.

Third-Party Services

Our website and services rely on third-party providers, including analytics, email delivery, bot protection, cloud infrastructure, and telecommunications and messaging platform providers, to operate. We are not responsible for the availability or performance of third-party networks, including mobile carrier networks used to deliver SMS messages.

Intellectual Property

All content on our website, including text, graphics, logos, and the Theo name and branding, is owned by Damascene Labs or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from our content without our prior written consent.

Prohibited Uses

You may not use our website, Theo, or the SMS program to:

• Violate any applicable law or regulation
• Send unsolicited communications through our systems
• Attempt to reverse engineer, disrupt, or gain unauthorized access to our systems
• Misrepresent your identity or your relationship with a business customer
• Use the service in a manner that could harm Damascene Labs, our customers, or third parties

Disclaimers

Our website, Theo, and the SMS program are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be error-free, uninterrupted, or that appointment information communicated by Theo will always be accurate or timely.

Limitation of Liability

To the fullest extent permitted by law, Damascene Labs will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising out of or related to your use of our website, Theo, or the SMS program, even if we have been advised of the possibility of such damages. Our total liability for any claim arising from these Terms will not exceed the amount, if any, you paid to Damascene Labs in the twelve months preceding the claim.

Indemnification

You agree to indemnify and hold Damascene Labs, its officers, employees, and agents harmless from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your violation of these Terms or your misuse of our website, Theo, or the SMS program.

Governing Law

These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles.

Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date at the top of this page. Your continued use of our website or services after changes take effect constitutes acceptance of the revised Terms.

Contact Us

If you have questions about these Terms, contact us at hello@damascenelabs.com. For information about how we handle your data, see our Privacy Policy. For details on our SMS consent process, see our SMS Consent and Verbal Opt-In Process.