Last Updated: December 2024 | Version 1.0
Welcome to AIVA ("Service", "Platform", "we", "us", or "our"), an AI-powered virtual assistant platform operated by AIVA PTY LTD (ABN 85 693 383 292), a company registered in Queensland, Australia.
By accessing or using our Service, you ("Customer", "you", or "your") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
If you do not agree to these Terms, you must not access or use our Service.
We may modify these Terms at any time by posting revised Terms on our website. Changes become effective upon posting. Your continued use of the Service after any changes constitutes acceptance of the revised Terms. We will notify you of material changes via email or through the Service.
AIVA provides AI-powered business communication services including:
You acknowledge that:
Our Service integrates with third-party services including but not limited to telecommunications providers (Twilio), voice AI platforms (VAPI), cloud infrastructure (Google Cloud Platform, Firebase), CRM systems (GoHighLevel), and AI providers (Anthropic). Your use of these integrations may be subject to additional terms from the respective third-party providers.
To use the Service, you must:
You are responsible for maintaining the confidentiality of your account credentials, all activities that occur under your account, and notifying us immediately of any unauthorized access. We are not liable for any loss arising from unauthorized use of your account.
We may suspend or terminate your account if you breach these Terms, we reasonably believe your use may cause harm, if required by law, or if you fail to pay fees when due.
You agree to pay all fees associated with your selected subscription plan. Fees are stated in Australian Dollars (AUD) unless otherwise specified, exclusive of GST (which will be added at 10%), billed in advance on a monthly or annual basis, and non-refundable except as required by law.
Certain features may incur usage-based fees (e.g., voice minutes, SMS messages). These fees are charged in addition to subscription fees, billed monthly in arrears, and calculated based on actual usage.
Payment is due upon invoice for subscription fees and within 14 days of invoice for usage-based fees, via credit card, direct debit, or other approved payment method.
If payment is overdue, we may suspend your access to the Service, interest may accrue at 1.5% per month on outstanding amounts, and you are responsible for reasonable collection costs.
You may use the Service only for lawful business purposes in accordance with these Terms.
You must not use the Service to:
See our full Acceptable Use Policy for complete details.
AIVA and its licensors own all intellectual property rights in the Service, including software, algorithms, user interfaces, designs, trademarks, and documentation. You receive only a limited license to use the Service as described in these Terms.
You retain ownership of content you submit to the Service. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, process, and use that content to provide and improve the Service.
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Where we process personal information on your behalf, you remain the data controller and we act as a data processor. We will process data only according to your instructions.
We implement reasonable security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.
AIVA uses artificial intelligence technology. AI systems may produce inaccurate, incomplete, or inappropriate responses. You acknowledge that AI responses should not be relied upon for critical decisions without human verification, we do not guarantee the accuracy of AI-generated content, and you are responsible for reviewing AI interactions with your customers.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: Our total liability for all claims is limited to the fees you paid in the 12 months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, lost profits, lost data, or business interruption.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded. If the Australian Consumer Law applies to you as a consumer, our goods and services come with guarantees that cannot be excluded, and you are entitled to compensation for reasonably foreseeable loss or damage.
You agree to indemnify, defend, and hold harmless AIVA PTY LTD and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your breach of these Terms, your violation of any law or rights of a third party, and your interactions with your customers through the Service.
These Terms commence when you create an account and continue until terminated.
You may terminate your account at any time by using the account cancellation feature or contacting us at support@aiva.help. Termination takes effect at the end of your current billing period.
We may terminate your account for convenience with 30 days' written notice, immediately if you breach these Terms, or immediately if required by law.
Upon termination, your access to the Service will cease, you must pay any outstanding fees, and we will delete your data in accordance with our data retention policy.
These Terms are governed by the laws of Queensland, Australia, without regard to conflict of law principles.
Before initiating formal dispute resolution, you agree to contact us at legal@aiva.help to attempt to resolve the dispute informally for at least 30 days.
Subject to any rights you may have under the Australian Consumer Law, any disputes arising from these Terms will be resolved exclusively in the courts of Queensland, Australia.
Entire Agreement: These Terms (including our Privacy Policy and any order forms) constitute the entire agreement between you and AIVA PTY LTD regarding the Service.
Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Severability: If any provision is found unenforceable, the remaining provisions continue in effect.
Waiver: Our failure to enforce any right does not constitute a waiver of that right.
Force Majeure: We are not liable for failure to perform due to circumstances beyond our reasonable control.
For questions about these Terms, please contact:
AIVA PTY LTD
Email: support@aiva.help
Legal: legal@aiva.help
Website: https://aiva.help
ABN: 85 693 383 292