Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Vexo Tech LLC, a Delaware limited liability company (“Vexo Tech,” “we,” “us,” or “our”), governing your access to and use of AVA AI (the “Service”). By creating an account or using the Service, you agree to be bound by these Terms.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and “you” refers to both you and that organization.

1. Eligibility

You must be at least sixteen (16) years old to use the Service. By using AVA AI, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into a binding contract. If you do not meet these requirements, you may not use the Service.

2. Description of Service

AVA AI is a voice-based sales training platform that allows users to practice sales conversations with an AI-simulated counterpart, receive real-time transcription and feedback, and track performance over time. The Service includes voice interaction, analytics, scoring, team management, and related features. We may add, modify, or remove features from time to time at our discretion.

3. Accounts

To use most features of the Service, you must create an account or be invited to an organization's workspace. You are responsible for: (a) maintaining the confidentiality of your login credentials, (b) restricting access to your account, (c) all activity that occurs under your account, and (d) promptly notifying us of any unauthorized use. We are not liable for losses caused by unauthorized use of your account.

4. Subscription Plans and Fees

AVA AI offers several subscription plans at the rates published on our pricing page at tryava.ai/#pricing. By subscribing, you agree to pay all fees associated with the plan you select. Fees may include:

• Base subscription fees — charged monthly or annually at the rate in effect when you subscribed
• Per-minute usage fees — charged based on actual training time consumed by users in your organization, at the per-minute rate listed on the pricing page
• Add-on fees — charged for optional features you enable
• Applicable taxes — as required by law

We may change our pricing at any time. If we change pricing for existing subscribers, we will provide at least thirty (30) days' advance notice by email or through the Service, and the new pricing will take effect at the start of your next billing period.

Payment is processed by our third-party payment processor. By providing payment information, you authorize us to charge the payment method you select for all fees due under your plan.

5. Free Trial

New accounts receive a complimentary trial of up to sixty (60) minutes of voice training usage. The trial has no time expiration — you may use the trial minutes at your own pace. Once your organization has consumed the 60-minute allotment, further usage requires an active paid subscription. We reserve the right to modify or discontinue the free trial at any time.

6. Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting support@tryava.ai. Upon cancellation:

• Your subscription will remain active through the end of your current billing period
• You will continue to have access to the Service until the end of that billing period
• We do not provide refunds for partial billing periods, unused minutes, or any pre-paid amounts.
• After the billing period ends, your access will terminate and your data will be deleted in accordance with our Privacy Policy

All sales are final. We may, at our sole discretion, issue refunds in exceptional cases, but this is not a commitment or an obligation.

7. Your Content and Data

Ownership

You retain all rights to the content you create or upload to the Service, including audio recordings, transcripts, and any other data generated during your use of AVA AI (“Your Content”). We do not claim ownership of Your Content.

License to Us

You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, process, display, transmit, analyze, and otherwise use Your Content solely to provide the Service to you. This license exists only for the purpose of operating AVA AI — for example, so we can store your recordings, generate transcripts, produce feedback scores, and show you analytics.

No AI Training on Your Content

We do not use the content of your audio recordings or transcripts to train artificial intelligence models. We may, however, use aggregated, de-identified usage metrics — which contain no personal identifiers and cannot be traced back to you — to improve the Service, measure performance, and build analytics.

If we ever decide to change this practice, we will update these Terms and notify you at least thirty (30) days in advance, and you will have the opportunity to opt out or terminate your subscription before the change takes effect.

8. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right
• Upload or transmit content that is illegal, harmful, harassing, defamatory, threatening, or obscene
• Impersonate any person or entity or misrepresent your affiliation with any person or organization
• Transmit viruses, malware, or any other harmful code
• Attempt to gain unauthorized access to any part of the Service, our systems, or other users' accounts
• Reverse engineer, decompile, or otherwise attempt to extract the source code of the Service
• Use the Service to develop a competing product, or benchmark the Service without our prior written consent
• Resell, sublicense, or redistribute access to the Service to third parties
• Scrape, crawl, or harvest data from the Service through automated means
• Use the Service in any manner that could disable, overburden, damage, or impair our systems

We reserve the right to investigate suspected violations and to suspend or terminate accounts that violate these Terms, with or without notice depending on the severity of the violation.

9. Intellectual Property

The Service, including its software, design, branding, trademarks, and content (other than Your Content), is owned by Vexo Tech LLC and is protected by copyright, trademark, and other intellectual property laws. Except for the limited rights granted to you in these Terms, we reserve all rights in the Service. You may not copy, modify, distribute, or create derivative works based on any part of the Service without our prior written consent.

10. Third-Party Services

The Service integrates with third-party services to operate. We are not responsible for the acts, omissions, or policies of any third-party service providers. Your use of any third-party service is governed by that provider's own terms, and you are responsible for complying with them.

11. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied. To the maximum extent permitted by law, Vexo Tech LLC disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from using the Service will be accurate or reliable; or (d) any errors in the Service will be corrected.

AVA AI is a training and practice tool. Any feedback, scores, or recommendations provided by the Service are generated by artificial intelligence and are intended as practice feedback only. They do not constitute professional, legal, financial, or other advice, and should not be relied on as such.

12. Limitation of Liability

To the maximum extent permitted by law, in no event will Vexo Tech LLC, its officers, directors, employees, affiliates, or agents be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation damages for lost profits, lost revenue, lost data, business interruption, or loss of goodwill, arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for all claims arising out of or related to these Terms or the Service will not exceed the greater of (a) one hundred United States dollars ($100 USD), or (b) the total fees you paid to us in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitations above may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Vexo Tech LLC and its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party right, including any intellectual property or privacy right, or (d) any content you submit to the Service.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms, failed to pay fees when due, engaged in illegal activity, or otherwise presented a risk to us, our users, or our infrastructure. Upon termination:

• Your right to use the Service will immediately cease
• Your account and associated data will be deleted in accordance with our Privacy Policy
• Sections that by their nature should survive termination (including Sections 7, 9, 11, 12, 13, 15, and 16) will survive

You may terminate these Terms at any time by canceling your subscription and discontinuing use of the Service.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms or the Service will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except that either party may seek equitable relief in court for infringement of intellectual property rights.

The arbitration will take place in Delaware, unless the parties agree otherwise. Each party will bear its own costs and attorneys' fees, except where the arbitrator determines otherwise. You and Vexo Tech LLC agree that any arbitration will be conducted on an individual basis and not as a class, collective, or representative action.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, your sole remedy is to cancel your subscription and stop using the Service.

17. Miscellaneous

• Entire Agreement. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Vexo Tech LLC regarding the Service.
• Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control.

18. Contact Us

If you have questions about these Terms, please contact us: