Terms of Service

1. Acceptance of Terms

By clicking "I Accept," executing an order, or accessing the HVAIA Platform, you enter into a binding agreement with HVAIA Inc., a Canadian federal corporation located at 233 Schlueter Street, Cambridge, Ontario N3H 4B6. These Terms incorporate by reference the HVAIA Privacy Policy and any supplemental terms or order forms that apply to your use of the Services. You confirm you are at least 18 years old, you have authority to bind the organization named on the account, and you agree to ensure all authorized users comply with these Terms. If you do not agree, do not use the Services.

2. Definitions

“Account” means the HVAIA tenant assigned to your organization. “Customer Data” means data, audio, prompts, transcripts, metadata, or other materials you submit to the Services. “Services” or “HVAIA Platform” means the multi-tenant voice AI, telephony orchestration, and related APIs and interfaces that HVAIA makes available. “User” means anyone you allow to access the Services on your behalf.

3. The HVAIA Platform

HVAIA provides real-time voice AI infrastructure, including call routing, speech generation/recognition, workflow automation, and analytics. The Services rely on PSTN-compatible audio (Mu-Law 8 kHz) and are optimized for ultra-low latency interactions. The Services do not provide traditional telecommunications service or emergency calling capability.

4. Account Eligibility & Access

The Services are intended for businesses, non-profit organizations, and their authorized contractors or consultants. You must provide true, accurate, and complete registration information and promptly update it if it changes. You are responsible for all activity conducted through your Account, whether by employees, contractors, invitees, or unauthorized parties, and you must implement reasonable security controls to protect credentials and access. Notify HVAIA promptly of any unauthorized access or suspected breach.

5. Fees, Trials, and Auto-Renewal

HVAIA offers prepaid subscription plans and prepaid pay-as-you-go usage tiers. You authorize HVAIA to charge your selected payment method for all applicable fees, taxes, and usage, and you are responsible for any carrier, banking, or third-party charges. Subscription plans renew automatically at the then-current rates unless cancelled prior to the renewal date; cancellation takes effect at the end of the current term and further fees stop accruing. Pay-as-you-go usage is deducted from prepaid balances. Free trials and promotional balances may be revoked or expire if not used in accordance with these Terms. All fees are non-refundable unless required by law, and HVAIA may suspend or terminate Services for non-payment.

6. Acceptable Use

You must comply with all applicable laws, regulations, carrier policies, and ethical requirements, including the principles of Sharia. Prohibited conduct includes harassment, spam or unsolicited calls/messages, unlawful surveillance, fraud, deceptive practices, caller ID spoofing, phishing, reverse engineering of the Services, scraping, or any attempt to bypass security or usage limits. You will not use the Services to build, benchmark, or offer a competing product without written consent from HVAIA. HVAIA may terminate or suspend access immediately and without explanation where misuse is suspected.

Restricted Use Cases: You will not use HVAIA for any of the following use cases. Otherwise your account may be suspended or your messages/calls may be blocked.

• High-Risk Financial Services
• Payday Loans
• Short Term- High Interest Loans
• Auto Loans
• Mortgage Loans
• Student Loans
• Debt Collection
• Gambling/Sweepstakes
• Stock Alerts
• Cryptocurrency
• Get Rich Quick Schemes
• Deceptive Work from Home Programs
• Risk Investment Opportunities
• Multi-Level Marketing
• 3rd Party
• Debt Collection or Consolidation
• Debt Reduction
• Credit Repair Programs
• Lead Generation
• Controlled Substances
• Tobacco
• Vape
• Federally Illegal Drugs
• Cannabis
• CBD
• Alcohol
• Pornography
• Profanity
• Hate Speech
• Phishing
• Fraud
• Scams
• Deceptive Marketing
• Snowshoeing
• Filter Evasion
• Firearms
• Adult Content
• Fireworks

7. Telephony & Consent Obligations

You are solely responsible for (a) obtaining and documenting all required consents and disclosures, (b) satisfying E911 or other emergency-registration requirements when provisioning numbers, (c) maintaining accurate caller ID and regulatory filings, and (d) complying with jurisdiction-specific telemarketing, privacy, TCPA, CASL, call recording, and do-not-call rules. You must complete any required A2P 10DLC or similar registrations before messaging. The Services must not be used for emergency calling or any high-risk activity without express written approval from HVAIA, and you acknowledge that service interruptions may affect call delivery.

8. Data Handling & Privacy

You retain ownership of Customer Data and represent that you have all rights and consents needed to provide Customer Data to HVAIA. HVAIA isolates data per tenant using owner_id scoping and will only process Customer Data to deliver, secure, support, or improve the Services as described in the Privacy Policy. The Services are not certified for HIPAA, PHIPA, SOC 2, or similar frameworks; you agree not to upload protected health information or other regulated data unless we execute a separate written agreement expressly permitting it. HVAIA may retain and delete Customer Data according to its retention practices and legal obligations.

9. Security Responsibilities

HVAIA implements layered security, encryption in transit, audit logging, and secrets management via HashiCorp Vault. You must enforce least-privilege access, enable multifactor authentication where available, and store credentials securely. Notify HVAIA promptly of any suspected breach affecting your Account. HVAIA will provide commercially reasonable assistance and notice if a security incident materially impacts your Customer Data.

10. Third-Party Services

The Services integrate with third-party providers such as Twilio (telephony), OpenAI and Deepgram (speech and language models), and Stripe (payments), and may link to or enable third-party services. Your use of those providers is subject to their own terms and pricing, and you are responsible for all third-party fees. HVAIA does not control third-party service availability, performance, or changes, and is not liable for resulting outages, pricing changes, or data practices.

11. Intellectual Property

HVAIA owns all intellectual property in the Services, including software, models, documentation, and branding. No transfer of ownership occurs under these Terms. You grant HVAIA the rights necessary to host, transmit, and process Customer Data to provide the Services. You warrant that you have all rights required to grant that license.

12. Feedback & Analytics

You grant HVAIA a perpetual, royalty-free license to use suggestions, enhancement requests, or feedback you provide. HVAIA may collect and use aggregated and anonymized metrics derived from the Services for analytics, benchmarking, and service improvement, provided such data does not identify you or your users.

13. Support & Availability

HVAIA provides support through standard business hours in Ontario, Canada, and endeavors to respond to critical tickets within one business day. No uptime guarantee is offered unless stated in a separate service-level agreement. Planned maintenance or emergency updates may affect availability; HVAIA will use commercially reasonable efforts to provide notice when practicable.

14. Suspension & Termination

HVAIA may suspend or limit access if continued use poses a security risk, violates these Terms, breaches law, threatens platform stability, or fails to pay fees. Either party may terminate for material breach that remains uncured for 30 days after written notice. Upon termination you remain responsible for outstanding fees, and HVAIA will provide a commercially reasonable window (minimum 30 days) to export Customer Data via available APIs unless prohibited by law. After applicable retention periods, HVAIA may delete Customer Data.

15. Service Changes & Updates

HVAIA may enhance, discontinue, or modify features. Material changes to the Services or these Terms will be communicated at least 30 days in advance via email or portal notice. Continued use after the effective date constitutes acceptance. If you object to a material change, you may terminate prior to the effective date and receive a prorated refund of prepaid subscription fees covering unused time.

16. Disclaimer of Warranties

Except where expressly stated in a signed agreement, the Services are provided "as is" and "as available." HVAIA disclaims all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment. AI-generated outputs can be inaccurate, incomplete, or misleading; you use AI agents at your own risk and are solely responsible for reviewing outputs before acting on them. HVAIA does not guarantee uninterrupted or error-free operation, compliance with your legal obligations, or results from the Services and is not responsible for telecom carrier quality, network latency, or third-party service failures.

17. Limitation of Liability

To the fullest extent permitted by law, HVAIA’s aggregate liability arising out of or relating to the Services is limited to the fees you paid for the Services in the six (6) months preceding the event giving rise to the claim. HVAIA is not liable for consequential, incidental, special, punitive, or exemplary damages, or lost profits, even if advised of their possibility.

18. Indemnification

You will defend and indemnify HVAIA, its directors, officers, employees, and affiliates against third-party claims arising from (a) Customer Data, (b) your use of the Services in violation of law or these Terms, (c) your communications or interactions with end users or third parties, including privacy, telemarketing, or recording claims, or (d) disputes between you and your end users. HVAIA will notify you promptly and cooperate reasonably at your expense.

19. Governing Law, Venue, and Waivers

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the courts located in Ontario. Each party waives the right to a jury trial and agrees that any dispute must be brought in an individual capacity, not as a class or representative action.

20. Notices & Contact

Formal notices to HVAIA must be sent to founder@hvaia.com with a copy to HVAIA Inc., 233 Schlueter Street, Cambridge, Ontario N3H 4B6, Canada. Notices to you will be sent to the contact details in your Account, including by email or in-product notifications. You must keep your contact information current. These Terms constitute the entire agreement regarding the Services and supersede prior discussions or understandings unless a separate signed agreement states otherwise.

21. Electronic Communications

You consent to receive notices, disclosures, and communications electronically, including by email or in-product notifications. You agree that electronic communications satisfy any legal notice requirements, and you are responsible for keeping your contact information current.

22. Force Majeure

HVAIA will not be liable for delays or failures to perform resulting from events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, carrier or internet outages, power failures, or third-party service disruptions.

23. Export Controls & Sanctions

You represent that you are not located in, or using the Services on behalf of, any country, entity, or person subject to Canadian, United States, or other applicable export controls or sanctions. You will not use the Services in violation of export control, sanctions, or anti-money laundering laws.

24. Assignment

You may not assign or transfer these Terms or your Account without prior written consent from HVAIA. HVAIA may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets, or by operation of law.

25. Severability & Waiver

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Failure by HVAIA to enforce any provision will not be deemed a waiver of future enforcement of that or any other provision.

26. Survival

Sections relating to fees, intellectual property, data handling, confidentiality, disclaimers, limitation of liability, indemnification, governing law, notices, and any other provisions that by their nature should survive will survive termination or expiration of these Terms.