Terms of Service

1. Acceptance of Terms

By accessing YAIVA.US, submitting an order, paying an invoice or checkout, requesting activation, using a demonstration, or using any YAIVA service, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are accepting these Terms for a company or other entity, you represent that you have authority to bind that entity.

If you do not agree to these Terms, do not purchase, activate, access, or use the Services.

2. Eligibility and Business Authority

You must be legally capable of entering into a binding agreement. If you purchase or use YAIVA on behalf of a business, you are responsible for obtaining all internal approvals and permissions necessary to configure and operate the Services, including permissions relating to telephone numbers, calendars, websites, customer data, recordings, integrations, and voices.

3. Description of Services

YAIVA services may include, depending on your order and configuration:

• AI Voice Assistants for inbound telephone conversations;
• website AI conversation widgets;
• lead capture and qualification;
• appointment-related functionality and calendar integrations;
• call routing and transfer configurations;
• after-hours, overflow, or missed-call handling;
• conversation summaries, transcripts, recordings, notifications, or related records when enabled;
• standard, professional, premium, realtime, multilingual, or other supported AI voice options;
• authorized voice cloning where technically supported;
• business-specific instructions, knowledge, prompts, workflows, and integrations; and
• setup, configuration, testing, maintenance, and related support.

Features vary by selected service, AI model, voice, provider, integration, configuration, geographic availability, and third-party platform capabilities. A feature shown in a demo is not included in your service unless it is part of your order or configuration.

4. AI Technology and Important Limitations

YAIVA uses artificial intelligence and third-party technology. AI-generated responses are probabilistic and may be incomplete, inaccurate, delayed, misunderstood, inconsistent, or inappropriate for a particular situation. No AI system is error-free.

You are responsible for reviewing and approving your business information, instructions, escalation rules, booking rules, safety language, transfer rules, and other configuration before placing the Service into production.

5. No Guarantee of Results

We do not guarantee any specific number of calls, leads, appointments, customers, sales, revenue, conversions, cost savings, response rates, or business results. We do not guarantee that every caller will continue a conversation, that every appointment will be valid, or that every lead will be qualified.

YAIVA does not control Google Business Profile or other third-party listings and does not promise to change whether your business appears “open” or “closed” on Google or elsewhere. YAIVA provides conversational and call-handling technology; your published business hours and third-party listings remain your responsibility.

6. Demonstrations and Test Environments

Demonstrations are provided for evaluation and informational purposes. Demo agents may use sample business information, limited knowledge, temporary configurations, or features that differ from a production deployment. Demo access may be limited, modified, reset, suspended, or discontinued at any time.

Do not provide confidential, sensitive, regulated, or emergency information during a demo.

7. Setup and Customer Cooperation

You agree to provide timely, accurate, and complete information reasonably required to configure the Services. Delays caused by missing information, credentials, approvals, recordings, integration access, business rules, calendars, telephone routing, or other customer dependencies may delay activation and do not automatically create a right to a refund.

You are responsible for reviewing test calls and configurations and promptly notifying us of material errors or requested changes.

8. Pricing and Billable Usage

Current pricing applicable to your purchase will be disclosed on the applicable order, checkout, proposal, invoice, or pricing page. Unless a different written agreement applies, AI Voice usage is charged according to the billable-minute rate associated with the AI level selected by the customer.

Current published AI Voice usage rates may include:

• Essential: $0.69 per billable minute;
• Professional: $0.89 per billable minute; and
• Premium Realtime: $1.19 per billable minute.

The applicable rate is the rate disclosed and accepted at the time of purchase or later accepted change. Billable usage is measured by the applicable service platform or provider. Partial minutes, provider-specific metering, connected-call time, and other usage calculations may be handled according to the technical metering method used for the applicable service.

9. Setup Fees and Voice Cloning Fees

Unless a different written order states otherwise, current setup pricing includes:

• AI Voice Assistant setup: $149 one-time;
• Website AI widget setup: $149 one-time; and
• Authorized voice cloning: $499 one-time.

Setup fees compensate YAIVA for configuration, implementation, testing, customization, provisioning, and related work. Voice-cloning fees compensate for the specialized creation, configuration, testing, and refinement of the authorized cloned voice.

10. Payment Authorization and Billing

You agree to pay all charges associated with your order and use of the Services. By providing a payment method, you represent that you are authorized to use it and authorize YAIVA and its payment processors to charge amounts that you have agreed to, including setup fees, usage charges, applicable taxes, and separately authorized add-ons or services.

Usage-based services may be billed after usage occurs, through prepaid credits, through automatic usage billing, or by another billing method disclosed during ordering or onboarding. You remain responsible for charges incurred through your account or configured service until the applicable service is cancelled or disabled.

We may use third-party payment processors. YAIVA does not necessarily receive or store your complete payment-card number. Payment processing is also subject to the processor's terms.

11. Taxes

Prices do not include taxes unless expressly stated. You are responsible for sales, use, communications, excise, or other taxes, governmental assessments, or similar charges legally applicable to your purchase, excluding taxes based solely on YAIVA's net income.

12. Billing Questions and Disputed Charges

If you believe a charge is incorrect, contact us promptly with enough information to investigate the charge. We may request call records, dates, transaction information, invoices, or other relevant documentation. An inquiry does not suspend undisputed payment obligations.

You agree to make a good-faith effort to contact YAIVA about a disputed charge before initiating a payment-card chargeback. Nothing in these Terms eliminates any chargeback or billing-dispute right that cannot legally be waived.

13. Refund Policy

Usage charges for AI Voice minutes or other metered services already consumed are non-refundable except where a verified billing error occurred or a refund is otherwise required by law. Completed custom work, completed voice-cloning work, third-party costs incurred specifically for your account, and services already delivered are non-refundable except as required by law.

If YAIVA has not begun a paid setup or custom service and you request cancellation, any refund eligibility will be determined based on the status of the order, payment-processing costs, third-party commitments, and applicable law. Any voluntary refund or credit issued in one situation does not obligate YAIVA to issue the same refund or credit in another situation.

14. Cancellation

You may request cancellation of future YAIVA service in accordance with the cancellation method provided with your account, order, invoice, or customer communications. Cancellation does not erase charges already incurred, work already performed, third-party commitments already made on your behalf, or other amounts already due.

Because YAIVA's current AI Voice pricing may be usage-based rather than a fixed monthly AI Voice subscription, stopping future usage does not create a refund for billable usage already consumed.

If YAIVA later offers a recurring subscription, prepaid plan, automatic renewal, or free-to-paid offer, the specific price, billing frequency, renewal terms, cancellation method, and any additional refund terms presented with that offer will supplement these Terms.

15. Price and Service Changes

We may change future pricing, available AI models, voices, providers, features, or service configurations. We will not retroactively change charges already incurred. When advance notice or affirmative consent is required by applicable law or by the terms of a particular recurring arrangement, we will provide it.

Third-party AI models, telephony providers, voice providers, APIs, and platforms may change, discontinue, rename, restrict, or reprice their services. We may substitute reasonably comparable technology or require a service or pricing change when necessary to continue providing the Services.

16. Customer Content and Business Information

You retain ownership of business information, scripts, materials, trademarks, recordings, and other content you lawfully provide to YAIVA (“Customer Content”), subject to the rights necessary for us to provide the Services.

You grant YAIVA and its service providers a limited, non-exclusive right to host, process, reproduce, transmit, adapt, and use Customer Content as reasonably necessary to configure, operate, support, secure, and improve the Services for you, subject to our Privacy Policy and applicable agreements.

You represent and warrant that you have all rights, permissions, licenses, notices, and consents necessary for the Customer Content and for YAIVA to process it as instructed.

17. Voice Cloning and Voice Rights

You may request cloning only of your own voice or a voice for which you possess valid, documented authority to authorize cloning and use. You must not submit a recording of another person without legally sufficient authorization.

You represent and warrant that any voice, audio, script, likeness, or related material you provide for cloning or synthetic voice use may lawfully be used for the purposes you request. You are responsible for restrictions imposed by employment agreements, talent agreements, publicity rights, privacy rights, intellectual-property rights, union agreements, or other applicable obligations.

YAIVA may refuse, suspend, or terminate voice-cloning work if authorization is unclear, disputed, deceptive, unlawful, or presents a material risk of impersonation, fraud, abuse, or harm. Voice cloning may not be available with every AI level or voice technology.

18. Telephone, AI Voice, TCPA, Do-Not-Call, and Consent Compliance

You are solely responsible for ensuring that your use of telephone, artificial or prerecorded voice, AI-generated voice, automated dialing, SMS, marketing, solicitation, and related communications complies with all laws and regulations applicable to your business and use case, including consent, identification, disclosure, opt-out, calling-time, and do-not-call requirements.

You must not use YAIVA to place or cause unlawful calls or messages, disguise caller identity, evade consent requirements, impersonate another person without authorization, or contact individuals in violation of applicable law. Where prior express consent or prior express written consent is legally required, you are responsible for obtaining and maintaining legally sufficient consent before initiating the communication.

Unless YAIVA expressly agrees in writing to perform a specific compliance function for you, YAIVA does not determine whether a particular contact has provided legally sufficient consent and does not maintain your legal do-not-call compliance program for you.

19. Call Recording, Transcription, and Monitoring

The Services may support call recording, transcription, summarization, quality review, or similar functionality. Recording and monitoring laws vary by jurisdiction. You are responsible for determining whether notice, one-party consent, all-party consent, or another legal basis is required and for configuring and using the Services accordingly.

You must provide any notices and obtain any consents required for recording, transcription, monitoring, storage, or processing of communications.

20. Privacy and Data Protection

Our collection and handling of personal information is also governed by our Privacy Policy. You are responsible for maintaining your own legally adequate privacy notices and policies for your customers, callers, website visitors, employees, and other individuals whose information you cause to be processed through YAIVA.

You must not instruct YAIVA to collect or process information in a manner that violates applicable privacy, consumer-protection, communications, or data-protection law.

21. Sensitive Information, Healthcare, and HIPAA

Do not use YAIVA to collect, transmit, or store protected health information (“PHI”) or other regulated sensitive information unless the applicable service configuration is expressly approved for that use and all required contractual, technical, and legal safeguards are in place, including a Business Associate Agreement (“BAA”) when legally required.

Purchasing or using a general YAIVA service does not by itself make your deployment HIPAA compliant. Any HIPAA-capable configuration or add-on must be expressly identified and implemented as such.

22. Appointments, Calendars, and Transfers

Appointment booking, calendar availability, transfers, notifications, and integrations depend on customer configuration and third-party systems. You are responsible for calendar accuracy, business hours, service areas, staff availability, appointment rules, and confirming that booked appointments are appropriate.

YAIVA is not responsible for missed, duplicated, conflicting, cancelled, or incorrectly booked appointments caused by inaccurate customer information, third-party outages, synchronization delays, integration failures, AI error, or circumstances outside our reasonable control.

23. Third-Party Services and Integrations

YAIVA may depend on third-party services such as telecommunications carriers, AI model providers, voice providers, hosting services, payment processors, calendars, CRM systems, email providers, analytics services, and APIs. Your use of certain integrations may also be subject to third-party terms and privacy policies.

We are not responsible for third-party outages, policy changes, data loss, security incidents, feature changes, account restrictions, API changes, pricing changes, or discontinuations outside our reasonable control.

24. Telephone Numbers and Portability

Where a telephone number is supplied, provisioned, forwarded, or integrated as part of a YAIVA configuration, ownership, portability, transferability, and continued availability may depend on the underlying carrier, provider, account structure, regulatory requirements, and applicable order terms. Do not assume a number can be transferred or retained unless that has been confirmed for your specific configuration.

25. Acceptable Use

You may not use the Services to:

• violate any law, regulation, court order, or legally binding obligation;
• commit fraud, phishing, impersonation, identity theft, deception, or financial abuse;
• harass, threaten, stalk, intimidate, or unlawfully discriminate against any person;
• send unlawful spam, robocalls, prerecorded calls, AI-generated calls, or messages;
• circumvent consent, opt-out, do-not-call, or communications restrictions;
• clone or imitate a person's voice without lawful authorization;
• collect sensitive information without an appropriate legal basis and safeguards;
• introduce malware, malicious code, automated attacks, or attempts to compromise systems;
• probe, scrape, reverse engineer, disrupt, overload, or bypass security or usage controls except where such restriction is prohibited by law;
• use the Services for emergency dispatch or other safety-critical functions without an expressly approved written arrangement; or
• use YAIVA in a way that could materially harm YAIVA, our providers, our customers, or the public.

26. Account and Credential Security

You are responsible for safeguarding passwords, API keys, integration credentials, access links, administrator accounts, and other credentials under your control. Notify us promptly if you reasonably believe your YAIVA-related access or credentials have been compromised.

27. Intellectual Property

Except for Customer Content and third-party materials, YAIVA and SunStar retain all rights, title, and interest in the Services and our proprietary materials, including website content, branding, designs, software, workflows, templates, configurations, prompts, documentation, methods, know-how, and other materials, to the extent protected by law.

No ownership rights are transferred to you except as expressly stated in writing. You may not copy, resell, sublicense, publish, distribute, or commercially exploit YAIVA proprietary materials except as authorized by us or permitted by law.

28. Feedback

If you voluntarily provide suggestions, ideas, or feedback about YAIVA, you grant us the right to use that feedback without restriction or compensation, provided we do not publicly identify you as the source without permission where such permission is required.

29. Availability, Maintenance, and Downtime

We strive to provide reliable Services but do not guarantee uninterrupted or error-free availability. Maintenance, internet failures, carrier outages, third-party outages, API changes, security events, force majeure events, and other circumstances may cause delays, degradation, or downtime.

Unless a separate written service-level agreement expressly provides otherwise, no uptime service-level guarantee or automatic service credit applies.

30. Support and Changes to Configuration

Support scope, response time, included changes, and implementation time may vary by service. Material redesigns, new integrations, major prompt rebuilding, additional agents, new workflows, custom development, or other work outside the original setup may require an additional quote or fee disclosed before that additional work is performed.

31. Suspension and Termination by YAIVA

We may suspend, restrict, or terminate access when reasonably necessary because of nonpayment, suspected fraud, security risk, unlawful use, abuse, violation of these Terms, provider restrictions, legal requirements, risk to third parties, or conduct that could materially harm YAIVA or the Services.

When reasonably practicable, we may provide notice and an opportunity to cure a remediable violation. Immediate action may be taken when necessary to address legal, security, fraud, safety, provider, or abuse concerns.

32. Effect of Termination

Upon termination or cancellation, your right to use the affected Services ends. Amounts already owed remain due. Provisions that by their nature should survive termination will survive, including payment obligations, intellectual-property provisions, disclaimers, limitations of liability, indemnification, dispute provisions, and other accrued rights.

Data retention or deletion after termination will be handled according to applicable law, our Privacy Policy, provider capabilities, legitimate business needs, and any applicable written customer agreement.

33. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YAIVA.US AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SUNSTAR AI VOICE AUTOMATIONS LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR SUITABLE FOR EVERY USE CASE, OR THAT AI OUTPUTS, TRANSCRIPTS, SUMMARIES, APPOINTMENTS, TRANSFERS, INTEGRATIONS, OR OTHER RESULTS WILL ALWAYS BE ACCURATE OR COMPLETE.

Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

34. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUNSTAR AI VOICE AUTOMATIONS LLC, YAIVA, AND THEIR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS; LOST REVENUE; LOST BUSINESS; LOST OPPORTUNITIES; LOST DATA; REPUTATIONAL HARM; OR COSTS OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO YAIVA FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations do not apply to liability that cannot lawfully be limited or excluded.

35. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless SunStar AI Voice Automations LLC, YAIVA, and their owners, officers, employees, contractors, affiliates, and service providers from claims, demands, damages, losses, liabilities, penalties, judgments, costs, and reasonable attorneys' fees arising out of or relating to:

• your Customer Content or instructions;
• your use or misuse of the Services;
• your violation of these Terms or applicable law;
• your calls, texts, recordings, marketing, consent practices, or do-not-call compliance;
• your failure to provide required notices or obtain required consent;
• your voice-cloning materials or lack of authorization;
• your products, services, representations, appointments, or dealings with your customers; or
• your infringement or violation of another person's rights.

YAIVA reserves the right to control the defense of a matter subject to indemnification, and you agree to reasonably cooperate.

36. Force Majeure

YAIVA will not be liable for delay or failure caused by events beyond our reasonable control, including natural disasters, severe weather, fire, flood, war, terrorism, civil disturbance, labor disruption, utility failure, internet or telecommunications failure, carrier outage, government action, epidemic, pandemic, cyberattack, provider outage, API failure, or failure of third-party infrastructure.

37. Compliance With Laws

Each party is responsible for complying with laws applicable to its own activities. You are responsible for laws applicable to your industry, communications, customers, advertising, privacy practices, recordings, professional licensing, regulated information, and use of AI. YAIVA does not provide legal advice and does not represent that a particular configuration satisfies every law applicable to your business.

38. Copyright and Intellectual-Property Complaints

If you believe material used through YAIVA infringes your copyright or other intellectual property rights, contact us with identification of the protected work, the allegedly infringing material, your contact information, and a good-faith explanation of your claim. We may request additional information necessary to evaluate and respond to the complaint.

39. Electronic Communications and Signatures

You consent to receive agreements, invoices, notices, disclosures, and other transactional communications electronically where permitted by law. Electronic acceptance, checkout confirmation, typed signatures, click acceptance, and similar electronic actions may be used to evidence your agreement where legally valid.

40. Marketing Communications

Transactional communications relating to an inquiry, order, account, demo, payment, security, or service may be sent as reasonably necessary. Marketing communications are subject to applicable consent and opt-out requirements. Where required, you may unsubscribe from marketing email using the unsubscribe mechanism provided in the message. Opting out of marketing does not prevent necessary transactional or service communications.

41. Changes to These Terms

We may update these Terms to reflect changes in our Services, technology, pricing structures, providers, business practices, or legal obligations. The revised Terms will be posted with an updated effective date. Where applicable law or an existing contractual arrangement requires additional notice or consent for a material change, we will provide it.

Changes will not retroactively eliminate rights or obligations that already accrued before the change.

42. Governing Law

These Terms and disputes arising from them are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent federal law or another law must apply and cannot legally be waived.

43. Disputes and Good-Faith Resolution

Before filing a lawsuit concerning these Terms or the Services, the parties agree to make a reasonable good-faith effort to resolve the dispute informally, except where immediate injunctive or other emergency relief is reasonably necessary or where applicable law prohibits such a requirement.

These Terms do not impose mandatory arbitration or a class-action waiver. Any forum, jurisdiction, or venue requirements imposed by a separate signed agreement will control for that agreement.

44. No Waiver

A failure or delay in enforcing any provision of these Terms is not a waiver of that provision or of the right to enforce it later.

45. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as necessary, and the remaining provisions will remain in effect.

46. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise. YAIVA may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, financing, or transfer of the relevant business or service, subject to applicable law.

47. Relationship of the Parties

The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, fiduciary, franchise, or agency relationship between you and YAIVA.

48. No Third-Party Beneficiaries

Except where expressly stated, these Terms do not create enforceable rights for any person or entity that is not a party to them.

49. Order of Precedence

If a signed customer agreement, order form, proposal, or service-specific addendum expressly conflicts with these Terms, the more specific written agreement controls for that conflict. The Privacy Policy governs privacy matters to the extent applicable.

50. Entire Agreement

These Terms, the Privacy Policy, the applicable order or checkout terms, and any signed service-specific agreement constitute the agreement between you and YAIVA concerning the applicable Services and supersede prior or contemporaneous discussions about those Services, except for representations that cannot legally be disclaimed or superseded.

51. Headings and Interpretation

Section headings are for convenience only. “Including” means “including without limitation.” Singular and plural terms may include each other where context requires. These Terms will not be construed against a party solely because that party drafted them.

52. Contact Information

Questions about these Terms, billing, cancellation, or the Services may be directed to: