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, Usage Pricing and 48-Hour AI Test Drive

YAIVA's standard AI Voice service is usage-based. Unless a different rate is expressly disclosed and accepted in writing, billable AI Voice usage is currently charged at $0.85 per billable minute. AI Voice usage is not sold as a prepaid monthly minute package under the current standard pricing structure.

The complimentary period begins when YAIVA records the applicable AI Test Drive start timestamp for the Customer's service. Billable AI Voice usage begins only after the full 48 consecutive hours have elapsed. Usage occurring before the billable-usage start timestamp is excluded from the Customer's AI Voice usage charge.

Moving an AI Voice agent into live production before the end of the 48-hour complimentary period does not shorten the complimentary period. The Customer may therefore use the agent in production during the remaining complimentary period without AI Voice usage charges.

An AI Voice minute generally represents billable AI voice conversation usage processed through the Customer's configured service, including applicable phone-based or website-based AI Voice usage. Usage records may be obtained from the telecommunications, AI, CRM, platform, or infrastructure providers used to deliver the Service.

For monthly billing, YAIVA may total billable usage internally using recorded seconds or other provider usage data, convert the aggregate usage to minutes, and round the aggregate monthly billable usage up once to the next whole minute. YAIVA does not intend to round each individual call up to a whole minute before calculating the monthly aggregate.

Transfers, forwarded calls, website AI Voice conversations, or other supported AI Voice activity may count as billable usage to the extent the underlying platform records that activity as billable AI Voice usage. Trial or complimentary usage identified by YAIVA as part of the 48-hour AI Test Drive is excluded.

4. Billing Cycle, Saved Payment Method and Automatic Payment Authorization

YAIVA's standard service billing cycle runs from the 23rd of one month through the 22nd of the following month. The standard billing date is the 22nd. For a new Customer whose billable service begins after the start of a cycle, the first cycle may be shorter and will run from the applicable billable-start date through the next 22nd.

AI Voice usage is variable and is charged according to actual billable usage during the applicable period. The amount charged for AI Voice may therefore differ from one billing cycle to another.

The Customer authorizes YAIVA to initiate future merchant-initiated or account-on-file charges against the saved payment method without requiring the Customer to re-enter payment credentials or separately approve each monthly charge, to the extent permitted by the applicable payment provider and law.

YAIVA does not need to receive or store the Customer's complete raw card number or PayPal password. Payment credentials are handled by the applicable payment processor. YAIVA may retain payment tokens, transaction identifiers, payment status information, and limited payment-method details supplied by the processor for billing, reconciliation, support, fraud prevention, and recordkeeping.

Recurring billing continues until canceled in accordance with this Agreement. Cancellation stops future recurring service charges after the effective cancellation date but does not eliminate charges already incurred, AI Voice usage already consumed, custom work already performed, third-party costs already incurred, or other amounts legitimately owed.

5. Variable Usage Charges, Estimates and Statements

AI Voice usage charges are based on actual billable usage and are not fixed monthly AI Voice subscription amounts under the current standard pricing structure. Any usage calculator, projected monthly amount, checkout estimate, account estimate, or pre-billing estimate is for planning purposes only and may change as additional usage occurs.

YAIVA may provide a pre-billing account notice before the standard billing date showing estimated usage, estimated AI Voice charges, recurring services, or other account information. A pre-billing estimate is not the final bill unless expressly identified as such.

YAIVA may provide a billing statement or account record showing the applicable billing period, actual usage, billable minutes, rate, recurring services, taxes if applicable, total amount, payment status, and transaction information. YAIVA may retain more detailed internal usage records, including call identifiers and raw duration information, for audit, dispute resolution, support, and billing verification.

Certain other charges may vary based on third-party charges, messaging volume, telecommunications usage, email usage, paid automation actions, AI-provider usage, carrier charges, 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 services require separate one-time setup, configuration, implementation, or development fees. These charges are disclosed before purchase.

Current standard setup pricing may include, for example:

• AI Voice Agent Setup — $149 one time;
• Website AI Voice Widget Setup — $149 one time;
• AI Voice Agent + Website AI Voice Widget Bundle — $250 one time;
• AI Appointment Booking setup — $99 for one calendar or $249 for up to five calendars;
• SMS Follow-Up & Automation — $199 one time;
• Email Follow-Up & Automation — $399 one time;
• Advanced Business Automation — $750 one time;
• Custom Voice Cloning — $499 total under the payment structure described below; and
• Other custom configuration or integration services disclosed before purchase.

The AI Voice Agent + Website AI Voice Widget bundle reflects a current combined price of $250 instead of the separate $298 standard setup value, a savings of $48 when both are purchased together.

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 $149 one-time setup fee unless otherwise stated. When purchased together with the standard AI Voice Agent Setup, the current combined one-time bundle price is $250.

There is no separate standard monthly widget fee under the current pricing structure. AI Voice conversations conducted through the website widget are subject to the Customer's applicable AI Voice usage rate, currently $0.85 per billable minute unless another rate is expressly disclosed and accepted.

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 rate.

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.

The length of the initial complimentary CRM access period therefore depends on the activation date. No cash value, credit, refund, or carryover is created by unused complimentary access time.

CRM functionality may include contacts, conversations, appointments, opportunities, pipelines, tasks, notes, follow-up information, and related business-management functionality. YAIVA may configure, restrict, simplify, add, remove, or modify CRM features based on the service purchased, security considerations, Customer needs, platform capabilities, or YAIVA's current service design.

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, Suspension, Reactivation and Taxes

Customer agrees to pay all charges disclosed and authorized in connection with the Services and to maintain a valid payment method for recurring and usage-based services.

YAIVA may provide a final warning after a second failed attempt. Customer remains responsible for charges validly incurred before suspension, including AI Voice usage and other amounts already owed.

When an overdue balance is successfully paid after an automated nonpayment suspension, YAIVA may automatically reactivate the affected service. Reactivation may be delayed or withheld where a manual administrative hold, security issue, legal requirement, provider restriction, chargeback, fraud concern, technical issue, or other legitimate account condition remains unresolved.

YAIVA retains administrative discretion to grant a temporary payment extension, postpone an automated suspension, suspend a service immediately where appropriate, or manually reactivate a service. An extension or exception granted in one instance does not require YAIVA to grant the same exception in another.

If a payment is declined, expired, reversed, disputed, or otherwise cannot be processed, the Customer is responsible for promptly updating the authorized payment method through the secure payment process made available by YAIVA or its payment provider.

Applicable taxes, governmental charges, carrier charges, or similar assessments may be added where required by law. YAIVA may maintain tax-calculation capability even where a particular tax is not currently being collected. The absence of a tax charge in one period does not prevent YAIVA from collecting a legally required tax in a future period after appropriate implementation or notice.

Project Setup Payment Options

Eligible one-time setup and implementation services may be offered with one of the following payment options at checkout or in an approved order: (1) payment in full; (2) a 50% project deposit with the remaining 50% due when the project is completed and ready for activation; or (3) a 50% project deposit with the remaining 50% divided into two equal monthly payments. Availability of a payment option may depend on the services selected and YAIVA approval.

Any valid promotional discount is applied to eligible setup charges before the selected payment schedule is calculated. Promotional discounts do not reduce AI Voice usage charges. AI Voice usage is always billed at $0.85 per billable minute after the applicable complimentary period.

Work may begin after the required initial payment and required authorizations have been received. Once work has begun, amounts earned for work performed, completed setup, third-party costs incurred, and other non-refundable charges described in these Terms remain payable and are generally non-refundable except where required by applicable law.

For a 50/50 project, the remaining project balance becomes due when the project is completed and ready for activation. For an approved extended payment plan, the remaining 50% is divided into two equal monthly payments according to the payment schedule disclosed to the Customer.

If a required project payment is not made when due, YAIVA may place work, delivery, activation, or applicable services on hold until the account is brought current. A late or missed payment does not automatically cause the Customer to forfeit all amounts previously paid; however, amounts already earned for work performed and other non-refundable charges remain subject to these Terms, and any outstanding balance remains due.

These project payment options apply to eligible setup and implementation charges only. They do not alter the separate AI Voice usage billing rules, the $79 monthly AI Business CRM billing rules, telecommunications or messaging usage charges, taxes when applicable, or other separately stated recurring or consumption-based charges.

19. Cancellation of Recurring Services

AI Voice Service

Customer may cancel AI Voice service at any time. When cancellation becomes effective, YAIVA will stop future billable AI Voice usage as of the recorded service cutoff or cancellation timestamp.

Customer remains responsible only for valid AI Voice usage incurred through that cutoff time, together with any other charges legitimately owed. AI Voice usage occurring after the effective service cutoff will not be included in the Customer's usage charge.

Because standard AI Voice service is billed according to actual billable usage rather than a prepaid monthly minute package, there is ordinarily no unused monthly AI Voice allowance to refund. Any final accrued AI Voice usage may be included in the final statement or processed as a final authorized charge.

AI Business CRM

The AI Business CRM is a fixed monthly service and is not prorated. Once a monthly CRM charge has been incurred or paid, cancellation during that monthly service period does not create a partial refund, credit, or prorated reduction of the $79 monthly CRM charge, except where required by applicable law or expressly agreed by YAIVA in writing.

If the Customer cancels the AI Business CRM after the monthly CRM charge has been paid, CRM access will remain available through the end of the applicable paid service period. Under the standard YAIVA billing cycle, that paid service period runs through the 22nd, and the CRM service will then terminate before the next monthly CRM charge is incurred. No partial refund, prorated refund, or credit will be issued for the remaining portion of the paid CRM service period.

Other Charges

Cancellation does not create a refund for setup work already performed, third-party costs already incurred, completed custom work, paid consumption or usage already incurred, or other amounts legitimately owed, except where required by applicable law or where a specific cancellation or refund right is stated in these Terms.

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

AI Voice usage is charged according to actual billable usage through the effective cancellation or service-cutoff timestamp. Customer is not charged for AI Voice usage occurring after that cutoff. Amounts properly charged for AI Voice usage already incurred are generally non-refundable except where required by applicable law or expressly agreed by YAIVA in writing.

AI Business CRM monthly charges are fixed monthly charges and are not prorated. Cancellation during an already-paid CRM service period does not create a partial refund or credit for the unused portion of that period. Cancellation prevents the next scheduled CRM monthly charge after the cancellation becomes effective.

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 fixed monthly service periods, third-party charges, and completed custom work are generally non-refundable.

If YAIVA approves a discretionary refund, extension, 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, Reactivation and Termination

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

Nonpayment suspension may be performed automatically in accordance with Section 18. YAIVA may also use automated systems to reactivate a service after successful payment where the account is otherwise eligible for restoration.

YAIVA retains the right to manually override automated suspension or reactivation where reasonably necessary for billing, customer support, security, fraud prevention, compliance, provider requirements, or technical reasons.

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, Billing Notices and Acceptance

You consent to receive agreements, notices, disclosures, invoices, statements, receipts, failed-payment notices, service communications, billing reminders, and other account records electronically where legally permitted.

YAIVA may send a pre-billing account check-in before a scheduled billing date. Delivery, open, or click information may be recorded where supported by the applicable email or communications platform, subject to applicable law and technology limitations.

Checking an acceptance box, clicking an acceptance or purchase button, electronically signing, completing checkout, authorizing a saved payment method, or otherwise electronically indicating agreement may constitute your electronic acceptance of this Agreement and the applicable payment authorization.

YAIVA may record the date and time of acceptance, the version of these Terms accepted, order or transaction identifiers, Customer identifiers, and related technical or account information as evidence of acceptance and for billing, compliance, audit, and dispute-resolution purposes.

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.