These Terms of Service ("Terms") are an agreement between you and Lab798, Inc., 131 Continental Dr, Suite 305, Newark, New Castle County, Delaware 19713 ("Lab798", "we", "us"). They govern your use of Donna: the Donna apps for iPhone and Android, the service behind them, the phone numbers we provide, and the website at donna.lab798.com (together, "Donna").
By creating an account or using Donna, you agree to these Terms and to our Privacy Policy, which explains how we handle information. If you don't agree, please don't use Donna.
Please read the sections on calling responsibly, disclaimers and limits on liability carefully.
What Donna is
Donna is an AI assistant for your phone. She can:
- answer calls to your Donna number, or calls you forward to her, and talk to the caller;
- find out who is calling and why, and ask for your decision when something needs it;
- pass your replies to the caller, let you listen in, or hand the call to you;
- place calls for you after you approve a call plan; and
- keep a record of each call, including a transcript, a summary and a recording, for 30 days.
Donna is an automated system. She speaks with an AI-generated voice, and the words she uses are produced by AI models.
Donna is in beta
Donna is an early version offered to people admitted from our waitlist. That means:
- features may change, stop working, or be removed, and we may reset or limit parts of the service while we improve it;
- we don't guarantee that Donna will be available at any particular time, that she will answer every call, or that every call, message, recording or notification will be delivered; and
- we may end the beta, or your access to it, as described in Ending your use of Donna.
We appreciate feedback. If you send us ideas or suggestions, we may use them without any obligation to you.
Donna is free during the beta. If we introduce fees, we'll tell you in advance and you won't be charged unless you agree.
Who can use Donna
To use Donna you must:
- be at least 18 years old;
- live in the United States, and use Donna for calls to and from US phone numbers;
- have been admitted from our waitlist; and
- sign in with an Apple or Google account that belongs to you.
Your account is for you alone. Don't share it, sell it, or let anyone else use it. You're responsible for what happens on your account and for keeping your phone and your sign-in secure. Tell us promptly at [email protected] if you think someone else has access to it.
Your Donna number
We assign you a phone number from our carrier so that Donna can take calls for you. The number is provided for use with Donna while your account is active. You don't own it, and when your account ends we may reassign it to someone else. Donna numbers can't be ported to another carrier, and you can't port your own number into Donna.
If you forward calls from your own phone number to Donna, you're responsible for setting up and paying for forwarding with your own carrier, and for making sure it works. Forwarding may carry charges from your carrier.
Not for emergencies
Donna is not an emergency service and must not be relied on for emergencies. Donna can't place calls to 911 or other emergency numbers, and she may not recognize an emergency on a call she answers. If you or someone else is in danger, call 911 directly from your phone.
Don't rely on Donna for anything where a missed, delayed or mishandled call could cause harm, such as medical, safety or legal deadlines.
Calling responsibly
Donna talks to real people on your behalf. You're responsible for how you use her and for the calls she answers and places for you.
Calls Donna answers
- Donna records and transcribes the calls she answers, and tells callers at the start of every call that it is recorded.
- Donna tells callers she is an AI assistant if they ask.
- Use Donna only for calls you're entitled to receive: your own number, or a number you're authorized to forward.
Calls Donna places
Before Donna places a call, she shows you a plan: who she will call, what she will try to arrange, and what she may agree to. When you place the call, you authorize Donna to act for you within that plan, and within any reply you send her during the call. You're responsible for checking the plan, including the number, before you place the call, and for any appointment, booking, order or other arrangement Donna makes within it. Donna introduces herself as an AI assistant calling on your behalf and says the call is recorded.
You agree to ask Donna to call only people and businesses that you have a legitimate, personal reason to contact. You must not use Donna to:
- make telemarketing, sales, fundraising, political, survey or debt-collection calls;
- call anyone who has asked not to be contacted, or call repeatedly to annoy, pressure or harass;
- call anyone whose consent the law requires for calls using an artificial or AI-generated voice, such as a personal mobile number, unless you have that consent;
- impersonate anyone, or mislead anyone about who Donna is calling for;
- make threats, or obtain information or money by deception; or
- call emergency, premium-rate or international numbers, or anything we block.
Consent for placed calls. Each time you place a call, you confirm that you have any consent the law requires for Donna to call that number with an AI voice. Before we turn on placed calls for your account, we ask you to confirm this in writing.
Premium-rate numbers. Calling, or trying to call, premium-rate numbers through Donna will lead to your account being terminated.
We limit how many calls Donna places, how long they last, and where she may call, and we may change those limits at any time. We may decline to place a call, end a call in progress, or remove your ability to place calls if we believe it's needed to comply with the law or protect other people.
Acceptable use
In addition to the rules above, you agree not to:
- break the law, or help anyone else break it, using Donna;
- record, intercept or use anyone's communications unlawfully;
- use Donna to harass, abuse, threaten, defraud or discriminate against anyone;
- try to make Donna reveal other users' information, act outside what a user allowed, or deny being an AI;
- access or try to access accounts, calls or data that aren't yours;
- interfere with or overload Donna, our carriers or our providers, or get around our limits or security measures, except as allowed by our Security Policy;
- reverse engineer the apps or service, except where the law allows it despite this restriction;
- use Donna to build a competing product, or scrape or copy it in bulk; or
- resell Donna or your Donna number, or use Donna to provide a service to others.
Your content
"Your content" means what you and the people on your calls put into Donna: call audio and recordings, transcripts, your requests and replies, your settings and notes, and what Donna produces from them, such as summaries and reports.
You keep whatever rights you have in your content. You give us permission to host, copy, process, transmit and display your content, and to share it with our service providers, only as needed to run Donna for you, keep it secure, and comply with the law. We don't use your content to train AI models, and neither does our AI provider. We keep and delete your content as described in our Privacy Policy.
You're responsible for having the right to give us your content. That includes any information about other people, such as the contact names you choose to share.
AI output
Donna's summaries, categories, call plans, reports and spoken words are generated by AI and can be wrong or incomplete. She may mishear someone, misunderstand a request, file a call in the wrong category, or report an agreement inaccurately. Check anything important against the transcript or recording, and with the other party where it matters, before you rely on it.
Donna is not a lawyer, doctor or financial adviser, and nothing she says is professional advice.
Third-party services
Donna relies on other companies to work, including our phone carrier, our AI provider, app stores, sign-in providers and mapping services. Phone numbers and business details Donna finds come from public sources and may be wrong. We're not responsible for third-party services, websites or businesses, or for what other people say or do on calls. Your use of Apple or Google sign-in and app stores is also governed by their terms.
Our rights
Donna, including the apps, the service, the name, the voice and the design, belongs to Lab798 and its licensors. We grant you a personal, non-exclusive, non-transferable, revocable license to use the Donna apps on devices you own or control, only to use Donna under these Terms. We keep all rights not expressly granted.
Ending your use of Donna
You can stop using Donna at any time and delete your account in the app. Deleting your account deletes your calls and settings as described in our Privacy Policy, and ends your Donna number.
We may suspend or end your access, or remove your ability to place calls, if you break these Terms, if we're required to by law, if your use creates risk or legal exposure for others or for us, or if we end the beta or the service. Where it's reasonable, we'll tell you in advance. You can ask for a copy of your data at any time, including before your account ends, by emailing [email protected].
Sections that by their nature should survive, including those on your content, disclaimers, limits on liability, indemnity and disputes, continue to apply after your access ends.
Disclaimers
Donna is provided "as is" and "as available". To the fullest extent the law allows, Lab798 disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that Donna will be uninterrupted, timely, secure, error-free, or that she will answer, place, record, transcribe or report every call accurately. Some jurisdictions don't allow some of these disclaimers, so some may not apply to you.
Limits on liability
To the fullest extent the law allows:
- Lab798 won't be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data, goodwill or opportunities, including from missed or mishandled calls, arising out of or relating to Donna or these Terms, even if we were told they were possible; and
- Lab798's total liability for all claims arising out of or relating to Donna or these Terms is limited to the greater of the amount you paid us for Donna in the 12 months before the claim and US $100.
These limits apply whatever the legal theory, and even if a remedy fails of its essential purpose. They don't limit liability that can't be limited by law.
Indemnity
If someone brings a claim against Lab798 arising from your use of Donna in breach of these Terms or the law, including calls you asked Donna to place and your compliance with recording and calling laws, you agree to cover our reasonable losses and costs, including reasonable legal fees, to the extent the claim arises from that breach.
Disputes
These Terms are governed by the laws of the State of Delaware and applicable US federal law, without regard to conflict-of-law rules. Any dispute will be brought only in the state or federal courts located in Delaware, and you and Lab798 consent to their jurisdiction.
Before bringing a claim, please contact us at [email protected] so we can try to resolve it informally.
Nothing in these Terms requires arbitration or waives your right to join a class action.
Changes to these Terms
We may update these Terms as Donna changes. We'll update the date at the top, and if a change is material, we'll tell you in the app or by email before it takes effect. If you keep using Donna after a change takes effect, the updated Terms apply. If you don't agree, stop using Donna and delete your account.
App stores
If you downloaded Donna from Apple's App Store or Google Play, these Terms are between you and Lab798 only, not Apple or Google, and Lab798, not Apple or Google, is responsible for the Donna app and its content. In addition, for the iPhone app:
- your license to use the app is limited to Apple-branded devices you own or control, as permitted by the App Store's usage rules;
- Apple has no obligation to provide maintenance or support for the app;
- if the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price you paid for it; to the fullest extent the law allows, Apple has no other warranty obligation for the app;
- Lab798, not Apple, is responsible for addressing any claims about the app, including product liability claims, claims that it fails to meet legal or regulatory requirements, consumer protection claims, and claims that it infringes someone's intellectual property;
- you confirm that you are not in a country subject to a US government embargo or designated as supporting terrorism, and that you are not on any US government list of prohibited or restricted parties;
- you must comply with any third-party terms that apply when you use the app, such as your carrier's; and
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
General
These Terms and the policies they refer to are the whole agreement between you and Lab798 about Donna. If any part is found unenforceable, the rest stays in effect. If we don't enforce a part right away, we haven't given up the right to enforce it later. You can't transfer these Terms without our consent; we may transfer them as part of a merger, acquisition or sale of assets. Neither of us is liable for delays caused by events beyond reasonable control.
Contact
Questions about these Terms: [email protected].
Lab798, Inc.
131 Continental Dr, Suite 305, Newark, New Castle County, Delaware 19713