Welcome to Clariva AI (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our platform, including voicemail delivery, SMS messaging, and analytics services. By accessing or using our services, you agree to these Terms.
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.
By accepting these Terms, registered platform users consent to receive SMS communications from Clariva AI including two-factor authentication codes, account notifications, and platform support messages. Message and data rates may apply. Reply STOP to opt out.
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)
- Authoring and including any required AI-generated-message or synthetic-voice disclosure in your own content Clariva AI does not add, insert, or supply these disclosures on your behalf, and you bear sole liability for their omission under the FCC's February 2024 ruling and applicable state laws
- Independently researching, determining, and staying current with all federal, state, and local laws, rules, and regulations applicable to your communications including, without limitation, AI-generated-message and synthetic-voice disclosure requirements and ensuring your campaigns comply with them at all times; because these requirements vary by jurisdiction and change frequently, you bear sole responsibility for identifying and satisfying the requirements in force when each message is sent, and Clariva AI provides no legal advice and does not represent that any platform feature, sample, or default satisfies your legal obligations
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
- Ensuring that all content truthfully and accurately identifies you and the organization on whose behalf each message is sent, and does not impersonate, misrepresent, or conceal the identity of the sender or that organization
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.
All SMS messages sent through the Clariva AI platform include opt-out instructions. Consumers may reply STOP to opt out or HELP for help at any time. Message and data rates may apply. Message frequency varies, typically 1 to 4 messages per month per recipient. Carriers are not liable for any delayed or undelivered messages.
6. Third-Party Services
Our services rely on trusted third-party providers to deliver and manage infrastructure functionality. These providers are selected and managed at our discretion and may change from time to time without notice.
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 Wisconsin, 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
20. Acceptance of Terms and Electronic Signature
By accessing, browsing, or using the Clariva AI platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.
These Terms may be amended, modified, or updated by Clariva AI at its sole discretion. It is your responsibility to review these Terms periodically. Continued use of the service following any such modifications constitutes your acceptance of the revised Terms.
Electronic Signature and Agreement
By clicking “I Accept,” “I Agree,” checking a box indicating acceptance, typing your name, creating an account, or using the Service in any manner, you affirmatively acknowledge that: (a) you have read this entire Agreement; (b) you understand all terms and conditions herein; (c) you agree to be legally bound by all provisions of this Agreement; and (d) this electronic acceptance constitutes your legal signature and creates a binding contract equivalent to a physically signed written agreement.
You agree that your electronic signature is the legal equivalent of your manual, handwritten signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA), and you consent to conduct this transaction and any related transactions electronically.
In addition to your acceptance of these Terms, each campaign you launch through the platform requires a separate electronic confirmation. When you confirm a campaign launch including by checking the required confirmation boxes and typing your full name you provide an electronic signature that evidences your agreement to the launch confirmations then presented. To maintain a record of that agreement, Clariva AI captures and retains the typed name you provide, the date and time of the confirmation, and the originating IP address. You agree that these records may be used as evidence of your electronic signature and acceptance, and that electronic records and signatures maintained by Clariva AI shall be admissible in any proceeding to the same extent and under the same conditions as other business records maintained in documentary form.
If you do not agree to these Terms, you must not access or use the platform.