TERMS OF SERVICE

1. Agreement and Parties

These Terms of Service (“Terms” or “Agreement”) are entered into between SunStar AI Voice Automations LLC, doing business through the Your AI Voice Assistant or “YAIVA” brand (“YAIVA,” “Company,” “we,” “us,” or “our”), and the person or business purchasing, accessing, or using the Services (“Customer,” “you,” or “your”).

These Terms apply to YAIVA AI Voice services, website AI voice services, appointment booking configuration, CRM services, messaging and email automation, business automation, voice cloning, integrations, implementation services, and other related products or services purchased from us.

If you accept these Terms on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity to this Agreement.

2. Business Use

YAIVA services are primarily designed and offered for commercial and business use. You represent that, when purchasing on behalf of a business, you are acquiring the Services for legitimate business purposes.

You are responsible for determining whether your use of the Services complies with laws, regulations, professional requirements, industry standards, consent requirements, and contractual obligations applicable to your business.

3. AI Voice Service and Monthly Usage

YAIVA's AI Voice service is priced according to the number of included AI Voice minutes selected by the Customer.

An AI Voice minute generally represents billable AI voice conversation usage processed through the Customer's configured service. Usage calculations may be based upon the records of the applicable telecommunications, AI, platform, or infrastructure providers used to deliver the Service.

Included minutes reset each billing cycle. Unused minutes do not roll over into future billing periods unless expressly stated otherwise in writing.

4. Recurring Monthly Billing and Authorization

Your first monthly service payment may be collected at checkout. Subsequent recurring payments are generally billed according to the billing cycle established when your subscription is activated.

If you select another recurring service, including the YAIVA AI Business CRM, that recurring amount will be added to the monthly amount disclosed during checkout.

Recurring billing continues until canceled in accordance with this Agreement. Cancellation stops future recurring service charges after the effective cancellation date but does not automatically reverse charges already incurred, usage already consumed, custom work already performed, or amounts otherwise owed.

5. Additional Usage and Variable Charges

Actual usage may exceed the quantity of AI Voice minutes included in your selected monthly service. Unless otherwise stated, additional AI Voice usage is charged at the applicable additional usage rate disclosed for your service.

Certain charges may therefore vary from one billing period to another based on actual usage, third-party charges, messaging volume, telecommunications usage, or other variable services.

Where advance notice of a variable recurring payment is required by applicable law or the applicable payment provider, YAIVA will provide notice consistent with those requirements.

6. One-Time Setup and Implementation Services

Certain optional services require separate one-time setup, configuration, implementation, or development fees. These charges are disclosed before purchase.

Services may include, for example:

• Website AI Voice Widget setup;
• AI Appointment Booking setup;
• SMS Follow-Up & Automation;
• Email Follow-Up & Automation;
• Advanced Business Automation;
• Custom Voice Cloning; and
• Other custom configuration or integration services.

Payment of a setup fee covers only the scope stated in the applicable order, proposal, checkout, or written agreement. Material additions, changes, integrations, custom development, or work outside the stated scope may require additional charges and Customer approval.

7. Website AI Voice Widget

The Website AI Voice Widget currently carries a $129 one-time setup fee unless otherwise stated. There is no separate $99 monthly widget fee under the current standard pricing structure.

AI Voice conversations conducted through the website widget use the Customer's applicable AI Voice usage/minutes.

Unless expressly included in writing, YAIVA's setup charge does not include fees charged by a third-party webmaster, website provider, hosting provider, developer, or other vendor to install or modify the Customer's website.

8. AI Appointment Booking

Standard appointment-booking configuration is currently $99 one time for one calendar or $249 one time for up to five calendars, unless different pricing is expressly disclosed.

There is no separate standard monthly calendar setup charge. AI conversations associated with appointment booking remain subject to the Customer's applicable AI Voice usage.

Customer is responsible for maintaining accurate availability, appointment rules, staff schedules, calendar permissions, and other information necessary for reliable booking.

9. AI Business CRM

The YAIVA AI Business CRM is currently offered at $79 per month when selected, unless a different rate is disclosed at purchase.

CRM functionality may include contacts, conversations, appointments, opportunities, pipelines, tasks, notes, follow-up information, and related business-management functionality.

Features may depend upon third-party platforms and integrations and may change as underlying technology, providers, or platform capabilities change.

10. SMS, Messaging, A2P, Email and Third-Party Charges

Setup fees charged by YAIVA do not necessarily include third-party usage charges.

Depending on the Services selected, separate charges may apply for telephone numbers, telecommunications, SMS or MMS messages, A2P registration, carrier fees, email delivery, AI providers, APIs, software platforms, or other third-party services.

Customer is responsible for obtaining all legally required permissions and consents before sending marketing, automated, prerecorded, artificial, SMS, email, or other communications.

YAIVA does not guarantee approval of any A2P registration, telephone number, messaging campaign, email account, third-party integration, or external platform account.

11. Custom Voice Cloning

Authorization and Rights

By submitting voice recordings, audio, scripts, samples, or other materials for voice cloning, you represent and warrant that you are the person whose voice is being cloned or that you possess all permissions, authorizations, releases, and legal rights necessary to authorize YAIVA and its technology providers to process and use the submitted materials for the requested service.

You may not use YAIVA to clone, imitate, impersonate, or reproduce another person's voice without lawful authorization.

Three-Calendar-Day Cancellation Period

YAIVA provides a contractual three (3) calendar-day cancellation period following the initial Voice Cloning payment.

YAIVA will not intentionally begin the custom voice-cloning work during that three-calendar-day period. If the Customer timely cancels during this period before work begins, the initial payment will be refunded.

After the three-calendar-day period expires and custom work begins, the initial payment becomes non-refundable except where otherwise required by applicable law or expressly agreed by YAIVA in writing.

Completion and Final Payment

The remaining $249.50 becomes due when the voice clone has been completed and is ready for activation.

Voice Similarity

Voice cloning is an AI-generated approximation. YAIVA does not warrant that a cloned voice will be an exact, perfect, or indistinguishable reproduction of the original speaker.

YAIVA will provide reasonable review and adjustment or re-recording opportunities as appropriate, but differences in pronunciation, cadence, tone, emotion, accent, inflection, or other vocal characteristics may remain.

12. Customer Content, Business Information and Instructions

Customer is responsible for the accuracy, legality, completeness, and appropriateness of information supplied to YAIVA or entered into the Services.

This includes business information, pricing, hours, policies, appointment availability, scripts, knowledge-base content, customer lists, contact information, instructions, recordings, documents, and other materials.

You grant YAIVA and its service providers the limited rights necessary to host, process, transmit, configure, reproduce, and otherwise use such materials solely as reasonably necessary to provide, maintain, secure, troubleshoot, and improve the Services provided to you, subject to applicable agreements and law.

13. Call Recording, Transcription and Communications

Certain YAIVA configurations may record calls, create transcripts, process communications, or retain conversation information.

Laws governing call recording, monitoring, consent, automated communications, privacy, and disclosure vary by jurisdiction. Customer is responsible for determining and implementing appropriate notices, disclosures, permissions, and consents for its use case.

Customer must not instruct YAIVA to use recording or communication functionality unlawfully.

14. Artificial Intelligence Limitations

Customer understands that AI-generated output should not be treated as guaranteed accurate, complete, professional, legal, medical, financial, safety-critical, or otherwise authoritative advice.

Customer is responsible for reviewing its configuration, instructions, knowledge sources, escalation procedures, and high-risk use cases.

YAIVA does not guarantee that an AI system will answer every call, convert every lead, book every appointment, generate revenue, prevent lost business, or operate without interruption or error.

15. Prohibited Uses

You may not use the Services to:

• violate applicable law or regulation;
• commit fraud or deception;
• impersonate another person without authorization;
• harass, threaten, exploit, or unlawfully discriminate;
• send unlawful spam or unauthorized communications;
• infringe intellectual-property or privacy rights;
• circumvent security or access controls;
• introduce malicious code or interfere with the Services;
• collect or process information unlawfully; or
• use the Services for any purpose prohibited by an applicable third-party provider.

YAIVA may suspend or terminate Services where reasonably necessary to address unlawful use, abuse, security threats, provider requirements, nonpayment, or material violations of this Agreement.

16. Third-Party Services and Integrations

YAIVA relies upon third-party technologies and providers that may include telecommunications carriers, payment processors, AI model providers, voice providers, CRM platforms, hosting providers, calendar providers, email providers, messaging providers, APIs, and other technology services.

YAIVA does not control those third parties and is not responsible for outages, policy changes, suspensions, price changes, service limitations, account restrictions, security events, API changes, or discontinuation caused by third-party providers beyond YAIVA's reasonable control.

17. Implementation and Customer Cooperation

Implementation schedules depend upon the Customer providing timely information, approvals, credentials, permissions, recordings, integrations, content, and feedback.

Delays caused by missing Customer information, unavailable third-party systems, platform approval processes, or Customer inactivity may extend implementation timelines.

Any stated implementation date is an estimate unless expressly guaranteed in a separately signed written agreement.

18. Payment, Failed Payments and Taxes

Customer agrees to pay all charges disclosed and authorized in connection with the Services.

If a payment fails, is declined, reversed, disputed, or otherwise remains unpaid, YAIVA may suspend affected Services after providing any notice required by applicable law or agreement.

Customer remains responsible for valid charges incurred before cancellation or suspension.

Applicable taxes, governmental charges, carrier charges, or similar assessments may be added where required.

19. Cancellation of Recurring Services

Customer may request cancellation of recurring YAIVA services. Cancellation applies prospectively to future recurring billing after the effective cancellation date.

Unless otherwise stated in the applicable order, cancellation does not create a refund for a billing period already started, usage already incurred, setup work already performed, third-party costs already incurred, or completed custom work, except where required by applicable law.

Cancellation of a payment authorization directly through a payment provider does not eliminate amounts legitimately owed for Services already provided or charges previously incurred.

20. Refund Policy

Except for the specific Voice Cloning cancellation right described in these Terms, a written refund commitment made in an applicable order, or rights that cannot lawfully be waived, payments for completed setup work, consumed usage, activated service periods, third-party charges, and completed custom work are generally non-refundable.

If YAIVA approves a discretionary refund or credit, doing so in one instance does not create an obligation to provide the same remedy in another instance.

21. Intellectual Property

Customer retains ownership of Customer-provided trademarks, business content, recordings, and other materials to the extent Customer owns those materials.

YAIVA and its licensors retain all rights in their software, systems, processes, configurations, templates, workflows, documentation, designs, know-how, automation methods, technology, and other intellectual property except where expressly transferred in writing.

Payment for configuration or setup does not transfer ownership of YAIVA's underlying software, platforms, reusable automation architecture, proprietary processes, or third-party technology.

22. Confidentiality and Security

Each party should use reasonable measures to protect confidential information received from the other party.

No internet, telecommunications, cloud, AI, or electronic system can be guaranteed completely secure. Customer acknowledges the inherent security and availability risks associated with electronic systems and third-party platforms.

23. No Guarantee of Business Results

YAIVA provides technology and related services. We do not guarantee any particular number of leads, sales, appointments, customers, revenue, savings, conversion rate, response rate, or return on investment.

Calculators, examples, estimates, projections, demonstrations, and hypothetical revenue scenarios displayed on YAIVA websites are illustrative tools and are not guarantees of actual results.

24. Disclaimer of Warranties

Nothing in these Terms excludes a warranty or right that applicable law does not permit the parties to exclude.

25. Limitation of Liability

These limitations apply to the extent permitted by law regardless of the theory of liability.

26. Indemnification

To the extent permitted by law, Customer agrees to defend, indemnify, and hold harmless SunStar AI Voice Automations LLC, YAIVA, and their owners, officers, employees, contractors, and agents from third-party claims, damages, liabilities, penalties, costs, and reasonable legal fees arising from Customer's unlawful use of the Services, Customer Content, unauthorized voice cloning, unlawful communications, violation of third-party rights, or material breach of this Agreement.

27. Suspension and Termination

YAIVA may suspend or terminate Services for material breach, nonpayment, fraudulent or unlawful activity, security risk, abuse, third-party provider requirements, or conduct that threatens the integrity or lawful operation of the Services.

Where reasonably practicable, YAIVA will attempt to provide notice and an opportunity to cure a remediable breach before permanent termination, except where immediate action is reasonably necessary.

28. Governing Law and Venue

This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Unless applicable law requires otherwise or the parties agree to another lawful dispute-resolution procedure in writing, any legal action arising from this Agreement shall be brought in a court of competent jurisdiction located in Florida, and the parties consent to the jurisdiction of such courts.

29. Electronic Communications and Acceptance

You consent to receive agreements, notices, disclosures, invoices, receipts, service communications, and other records electronically where legally permitted.

Checking an acceptance box, clicking an acceptance or purchase button, electronically signing, completing checkout, or otherwise electronically indicating agreement may constitute your electronic acceptance of this Agreement.

30. Changes to Services, Pricing and Terms

YAIVA may modify its Services, features, third-party providers, policies, pricing, or these Terms from time to time.

Material changes affecting an existing recurring service will be communicated as required by applicable law or contractual obligations. Changes will not retroactively alter amounts already validly charged.

31. Force Majeure

YAIVA will not be responsible for delay or failure caused by events beyond its reasonable control, including internet outages, telecommunications failures, cloud-provider failures, third-party platform outages, natural disasters, governmental actions, cyberattacks, labor disruptions, utility failures, or similar events beyond reasonable control.

32. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

33. No Waiver

Failure by YAIVA to enforce any provision of these Terms does not waive the right to enforce that provision or any other provision later.

34. Assignment

Customer may not assign or transfer this Agreement without YAIVA's prior written consent where such consent may lawfully be required. YAIVA may assign this Agreement in connection with a merger, acquisition, corporate reorganization, sale of assets, or transfer of the applicable business or service.

35. Entire Agreement and Order of Precedence

These Terms, together with the applicable checkout, order, proposal, statement of work, privacy policy, and any separately signed agreement, constitute the agreement governing the applicable Services.

If a separately signed written agreement expressly conflicts with these Terms, the specifically negotiated provision of that signed agreement controls for the subject matter of the conflict.

36. Contact and Cancellation Requests

Questions concerning these Terms, billing, service cancellation, or account matters should be directed to SunStar AI Voice Automations LLC / Your AI Voice Assistant through the contact or support methods provided on the YAIVA website.

Customers should retain their cancellation confirmation and other account-related communications for their records.