Terms of Service

1. Eligibility

You must be at least 18 years old and capable of forming a legally binding agreement to use our services. By using the platform, you represent that:

• You have the authority to enter into these Terms
• You will comply with all applicable laws and regulations

2. Services Overview

Clariva AI provides:

• Voicemail delivery services
• SMS and communication tools
• Campaign analytics and predictive modeling
• Data processing based on customer-provided datasets

We act as a technology platform provider and do not originate communications independently.

3. Customer Responsibilities

You are solely responsible for:

A. Consent and Legal Compliance

• Obtaining prior express consent from all recipients before sending communications
• Complying with all applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and state privacy laws (including CCPA)

B. Data Accuracy

• Ensuring that all uploaded contact data is accurate and lawfully obtained

C. Content Responsibility

• All messages, campaigns, and content sent through the platform

Clariva AI does not verify consent and is not responsible for unlawful communications sent by users.

4. Prohibited Uses

You agree not to use the platform to:

• Send messages without proper consent
• Engage in spam, harassment, or fraudulent activity
• Violate any telecommunications or privacy laws
• Target individuals using unlawfully obtained data
• Transmit harmful, abusive, or misleading content

We reserve the right to suspend or terminate accounts violating these rules.

5. Consent and Opt-Out Compliance

You must:

• Maintain records of recipient consent
• Honor opt-out requests immediately
• Not re-contact individuals who have opted out

Clariva AI maintains suppression mechanisms (e.g., STOP lists), but you remain responsible for compliance.

6. Third-Party Services

Our services rely on third-party providers, including:

• Twilio
• Slybroadcast
• Cartesia

We are not responsible for outages, errors, or failures caused by third-party providers.

7. Data Processing and Ownership

A. Customer Data

You retain ownership of all data you upload.

You grant us a limited license to:

• Process data to provide services
• Store and transmit data as necessary
• Generate analytics and insights

B. Derived Data

We may use aggregated and anonymized data for:

• Analytics
• Product improvement
• Machine learning models

Such data will not identify individuals.

8. Messaging and Political Use Disclaimer

Clariva AI provides tools that may be used for political or campaign-related communications. We:

• Do not endorse or control campaign content
• Are not responsible for regulatory compliance of political messaging
• Do not verify legality of campaign activities

Users are solely responsible for compliance with all election and communication laws.

9. Fees and Payments

• Services may be billed based on usage (messages, calls, analytics)
• All fees are non-refundable unless otherwise stated
• You are responsible for all applicable taxes

Failure to pay may result in suspension or termination.

10. Account Suspension and Termination

We may suspend or terminate your account if:

• You violate these Terms
• You engage in unlawful activity
• Your use creates risk or legal exposure

We may also suspend services to comply with legal or regulatory requirements.

11. Disclaimer of Warranties

Services are provided “as is” and “as available.” We do not guarantee:

• Delivery success rates
• Message reach or engagement
• Accuracy of analytics or predictions
• Uninterrupted or error-free service

12. Limitation of Liability

To the maximum extent permitted by law, Clariva AI shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or data
• Legal claims arising from your communications or data

Our total liability shall not exceed the amount paid by you in the past 12 months.

13. Indemnification

You agree to indemnify and hold harmless Clariva AI from any claims, damages, or liabilities arising from:

• Your use of the platform
• Your violation of laws (including TCPA)
• Your failure to obtain proper consent
• Content or data you provide

14. Data Privacy

Your use of the platform is also governed by our Privacy Policy.

15. Geographic Restrictions

Clariva AI services are intended for use within the United States. You agree not to use the platform in jurisdictions where it is prohibited.

16. Modifications to Terms

We may update these Terms at any time. Continued use of the service after updates constitutes acceptance of the revised Terms.

17. Governing Law

These Terms shall be governed by the laws of the State of [Insert State], United States, without regard to conflict of law principles.

18. Dispute Resolution

Any disputes shall be resolved through:

• Good faith negotiation first
• If unresolved, binding arbitration

19. Contact Information

For questions regarding these Terms:

Clariva AI
Email: support@clarivaai.com