Agent Analog™

Terms of Service

Effective Date: January 20, 2026

These Terms of Service (“Terms”) govern access to and use of Agent Analog™ (“Agent Analog LLC,” “Company,” “we,” “us,” or “our”) services, including AI-powered, concierge-style SMS communications and consent-based photo delivery for live events. By accessing or using our services, you agree to be bound by these Terms. If you are an event organizer or client engaging Agent Analog on behalf of an organization, you also agree to the Client-Specific Terms set forth in Section 11.

1. Services

Agent Analog provides event-related technology services, including white-glove SMS communications that deliver event information, updates, recommendations, and guest support, as well as secure, consent-based photo delivery. Services are provided on an as-is and as-available basis. We reserve the right to modify, suspend, or discontinue any service feature at any time with reasonable notice where practicable.


2. No Accounts Required

Event attendees are not required to create accounts. Access is provided through event participation and opt-in SMS communications. Event organizers and clients may be required to maintain account credentials for dashboard and analytics access.


3. SMS Communications & TCPA Consent

Agent Analog's services are delivered exclusively via SMS. By opting in to receive SMS communications through Agent Analog, you agree to the following:

3.1 Consent to Receive SMS

Your participation in Agent Analog SMS communications constitutes your express written consent under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and applicable state laws to receive automated or AI-assisted text messages from or on behalf of Agent Analog and the event organizer at the mobile number you provide. Consent is not a condition of purchasing any goods or services.

3.2 Message Frequency & Content

Message frequency varies by event. Messages may include event schedules, wayfinding, session reminders, photo delivery notifications, concierge responses, and post-event follow-ups. Standard message and data rates may apply depending on your mobile carrier plan.

3.3 Opt-Out & Revocation of Consent

You may revoke consent and opt out of SMS communications at any time by any of the following means:

  • Reply STOP to any Agent Analog SMS message
  • Email help@agentanalog.ai with a clear request to stop messages
  • Visit agentanalog.ai/opt-out
  • Any other reasonable means that clearly communicates your desire to stop receiving messages

Consistent with FCC requirements, Agent Analog will honor all opt-out and revocation requests — regardless of the method used — within 10 business days. You will receive one confirmation message following a STOP reply. After opting out, you will not receive further messages except as required by law.

3.4 Help

For assistance, reply HELP to any message or contact us at help@agentanalog.ai.

3.5 Carrier Disclaimer

Agent Analog is not responsible for any delays or failures in the delivery of SMS messages, which may be caused by your mobile carrier or device. Carriers are not liable for delayed or undelivered messages.


4. Biometric Data & Facial Recognition

Agent Analog's photo delivery service uses facial recognition technology to match and deliver event photos to attendees. Your use of this feature constitutes your explicit, informed consent to the collection and processing of your biometric data as described below.

4.1 Scope of Collection

We collect facial geometry and related biometric identifiers solely for the purpose of matching event photographs to the attendee who appears in them and delivering those photographs via SMS. We do not use facial data to identify individuals across unrelated events, infer demographic characteristics, or share biometric data with third parties for any purpose other than photo delivery.

4.2 Retention & Deletion

Biometric data is retained only for the duration necessary to complete photo matching and delivery for the applicable event. Facial geometry data is permanently deleted no later than thirty (30) days following the conclusion of the event for which it was collected, unless a shorter period is required by applicable law or event contract. Raw facial images are not retained beyond the photo delivery process.

4.3 State Biometric Privacy Laws

If you reside in Illinois, Texas, Washington, or any other state with a biometric privacy statute (including but not limited to the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14, Texas Capture or Use of Biometric Identifier Act (CUBI), and Washington My Health My Data Act (MHMD)), you have additional rights regarding the collection, storage, and destruction of your biometric identifiers. You may withdraw consent at any time by contacting privacy@agentanalog.ai, in which case your biometric data will be deleted within ten (10) business days. Washington residents should note that MHMD provides a private right of action for biometric privacy violations with penalties up to $7,500 per incident. Agent Analog's standalone Washington Consumer Health Data Privacy Policy, required under MHMD, is available at agentanalog.ai/privacy/washington and controls with respect to all consumer health data collected from Washington residents.

4.4 Security

Biometric data is stored with encryption at rest and in transit, with access restricted to authorized personnel required to perform photo delivery services. We maintain a written policy governing the retention and destruction of biometric data, available upon request.


5. Acceptable Use

Users agree not to:

  • Misuse the services or use them for any unlawful purpose
  • Interfere with system functionality or attempt unauthorized access
  • Use the SMS concierge to transmit abusive, harassing, or spam content
  • Attempt to reverse engineer, scrape, or extract data from Agent Analog systems
  • Impersonate another attendee or provide false opt-in information

6. AI Limitations & Automated Decision-Making

Agent Analog's SMS concierge service uses artificial intelligence to process attendee requests and generate responses. Under California's CCPA regulations effective January 1, 2026, this constitutes use of Automated Decision-Making Technology (ADMT). By using the service, you acknowledge the following:

  • AI-generated responses are informational and assistive only and may not always be accurate, complete, or suitable for your specific situation
  • Agent Analog does not use ADMT to make significant decisions affecting your legal rights, healthcare, employment, education, housing, or access to financial services
  • You have the right to opt out of ADMT processing under California law. To do so, contact privacy@agentanalog.ai or reply OPTOUT. Opting out limits concierge functionality but does not affect photo delivery or other services
  • You may request information about the logic and likely outcomes of Agent Analog's ADMT by contacting privacy@agentanalog.ai

Full ADMT compliance under CCPA is required by January 1, 2027. Agent Analog is actively implementing compliance measures ahead of that deadline.


7. Data & Privacy

Use of the services is governed by the Agent Analog Privacy Policy, which is incorporated into these Terms by reference. By using the services, you consent to the data practices described in the Privacy Policy.


8. Intellectual Property

All software, systems, content, trademarks, and technology comprising the Agent Analog platform are owned by Agent Analog or its licensors. Nothing in these Terms grants you any license or ownership interest in Agent Analog's intellectual property.

With respect to event photographs delivered to you via the service: Agent Analog grants you a personal, limited, non-exclusive, non-transferable license to access and download photographs delivered to you through the service for your personal, non-commercial use only. This license does not affect or limit any copyright, ownership, or permitted-use rights held by the event organizer, photographer, or other rights holder. Commercial use, redistribution, or publication of delivered photographs may require separate authorization from the applicable rights holder.


9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

  • AGENT ANALOG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF REVENUE, OR BUSINESS INTERRUPTION.
  • AGENT ANALOG'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
  • THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: (A) AGENT ANALOG'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (B) CLAIMS ARISING UNDER STATE BIOMETRIC PRIVACY LAWS TO THE EXTENT SUCH LIMITATIONS ARE PROHIBITED BY THOSE LAWS; OR (C) ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless Agent Analog and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the services in violation of these Terms; (b) your violation of any applicable law or third-party right; or (c) any false or misleading information you provide in connection with the services.


11. Client & Event Organizer Terms

This section applies to event organizers, brands, and other entities that engage Agent Analog to deploy services at events (“Clients”).

11.1 Client Responsibilities

Clients are responsible for:

  • Obtaining all necessary consents from event attendees prior to deploying Agent Analog services, including TCPA-compliant opt-in for SMS communications and explicit consent for biometric data collection where applicable
  • Ensuring that event registration materials, signage, and communications adequately disclose Agent Analog's role, data collection practices, and attendee opt-out rights
  • Complying with all applicable laws in their jurisdiction governing the collection and use of attendee data

11.2 Data Ownership

As between Client and Agent Analog, event attendee data collected through Agent Analog services belongs to the attendee. Agent Analog processes such data on behalf of the Client as a service provider and does not sell or retain attendee data beyond the purposes set forth in these Terms and the Privacy Policy. Aggregate, anonymized analytics data generated through the services may be retained and used by Agent Analog to improve its platform.

11.3 Post-Event Data Deletion

Upon written request from a Client following the conclusion of an event, Agent Analog will delete or return all personally identifiable attendee data associated with that event within thirty (30) days, unless retention is required by law or ongoing dispute resolution.

11.4 Data Processing Agreement

Clients who require a Data Processing Agreement (DPA) for compliance with GDPR, CCPA, or other applicable privacy frameworks may request one by contacting legal@agentanalog.ai prior to event deployment.


12. Termination

Agent Analog may suspend or terminate your access to the services at any time for violation of these Terms or applicable law, with or without notice. For Client agreements, Agent Analog will provide reasonable advance written notice of termination except in cases of material breach, fraud, or legal necessity. Upon termination, Client data will be handled in accordance with Section 11.3.


13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute, you agree to contact Agent Analog at legal@agentanalog.ai and provide a written description of the dispute. The parties will attempt to resolve the dispute informally within thirty (30) days.

13.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the services shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, except that either party may bring claims in small claims court for disputes within that court's jurisdiction. The arbitration shall be conducted in Los Angeles County, California, unless the parties agree otherwise. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST AGENT ANALOG.


14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Subject to the arbitration clause above, the exclusive jurisdiction for any disputes not subject to arbitration shall be the state and federal courts located in Los Angeles County, California.


15. Modifications to These Terms

Agent Analog reserves the right to modify these Terms at any time. For material changes, we will provide notice via: (a) SMS notification to active users; (b) prominent notice on the Agent Analog website; or (c) email to Clients on file. Your continued use of the services following the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the services.


16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.


Contact

Agent Analog LLC
311 N Robertson Blvd. #250
Beverly Hills, California 90211

General inquiries: hello@agentanalog.ai

Attendee support: help@agentanalog.ai

Privacy & data requests: privacy@agentanalog.ai

Legal & contracts: legal@agentanalog.ai

Effective Date: January 20, 2026