Terms & Conditions

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Aivara ("Company," "we," "us," or "our"), including our website, software platform, and related services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.

Description of Services

Aivara provides an AI-powered communication and workflow platform that enables businesses to manage and automate email, SMS, voice calls, voicemail, and customer interactions.

Aivara does not guarantee message delivery, response rates, business outcomes, or uninterrupted availability.

Eligibility

You must be at least 18 years old and legally capable of entering into contracts to use the Services.

By using Aivara, you represent that you are operating a legitimate business and will comply with all applicable laws and regulations.

User Responsibilities

You agree that you will:

• Use the Services only for lawful, legitimate business purposes
• Obtain proper consent from all recipients before sending SMS, emails, or voice communications
• Comply with all applicable messaging, telemarketing, and consumer protection laws, including TCPA and carrier requirements
• Ensure all information you provide is accurate and up to date
• Maintain the security of your account credentials

You are solely responsible for all activity conducted through your account.

Prohibited Use

You may not use Aivara to:

• Send spam, phishing, or unsolicited communications
• Engage in fraud, deception, or misleading practices
• Transmit illegal, harmful, or abusive content
• Harass or threaten individuals
• Violate carrier policies or third-party service terms
• Attempt to bypass safeguards, limits, or compliance requirements
• Use connected third-party integrations in violation of provider policies, including Google, Twilio, carriers, or payment providers.

Aivara reserves the right to suspend or terminate accounts that violate these rules.

Messaging & Communications Compliance

If you use SMS or voice features:

• You confirm you have obtained express consent from recipients
• Message frequency may vary
• Standard message and data rates may apply
• Recipients may opt out at any time by replying STOP

Aivara may monitor messaging activity for compliance, abuse prevention, and quality assurance.

Third-Party Services

Aivara integrates with third-party providers, including but not limited to Google, Gmail, Google Calendar, Twilio, email service providers, payment processors, analytics providers, and hosting providers.

Your use of connected third-party services may require separate accounts and authorization.

By connecting third-party accounts, you authorize Aivara to access and use data solely as necessary to provide requested Services.

Aivara is not responsible for outages, errors, data loss, account suspensions, policy enforcement actions, or service interruptions caused by third-party providers.

Your use of such third-party services remains subject to their respective terms and privacy policies.

Fees & Payments

Certain features require payment. By subscribing:

• You authorize us to charge applicable fees
• Fees are non-refundable unless otherwise stated
• We may change pricing with prior notice
• Failure to pay may result in suspension or termination

Subscriptions may renew automatically unless canceled prior to the next billing cycle.

Users may cancel future renewals at any time through their billing portal or by contacting support.

Intellectual Property

All platform software, content, trademarks, and intellectual property related to Aivara are owned by the Company.

You retain ownership of your data and content but grant Aivara a limited license to process it solely to provide the Services.

Account Suspension & Termination

Aivara may suspend or terminate your access if you:

• Violate these Terms
• Engage in prohibited activity
• Create legal, regulatory, or reputational risk

You may terminate your account at any time by discontinuing use of the Services.

Disclaimer of Warranties

The Services are provided "as is" and "as available."

Aivara makes no warranties regarding:

• Accuracy of AI-generated content
• Message delivery or timing
• Fitness for a particular purpose
• Continuous or error-free operation

Aivara may generate automated or AI-assisted drafts, suggestions, classifications, or recommendations. Users are solely responsible for reviewing and approving communications before sending when approval workflows are enabled.

Limitation of Liability

To the maximum extent permitted by law, Aivara shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, data, or business opportunities
• Claims arising from misuse of the Services
• Third-party service failures

Indemnification

You agree to indemnify and hold harmless Aivara from any claims, damages, or expenses arising from:

• Your use of the Services
• Your communications with recipients
• Violations of law or third-party rights

Governing Law

These Terms shall be governed by the laws of the State of New Jersey, without regard to conflict of law principles.

Changes to Terms

We may update these Terms from time to time. Continued use of the Services after changes constitutes acceptance of the updated Terms.

Contact Information