1. Who these Terms cover and how they are accepted
a. Business Customers and Authorized Users
A “Business Customer” is the company, organization or person that installs an Aivagenta™ widget, opens an account, or obtains our software or related services for its operations. “Authorized Users” are its administrators, employees, contractors and agents permitted to use its dashboard or account. If you accept these Terms for a Business Customer, you represent that you have authority to bind it. References to the Business Customer include an individual operating a business in their own name.
b. End Users
An “End User” is a visitor, prospective customer, customer or other person who interacts with an Aivagenta™-powered chatbot, website widget, phone line, SMS, WhatsApp, email, form, booking flow or other customer-facing tool. End Users may communicate with a Business Customer, its human agents or Aivagenta™ itself. You do not become a Business Customer or owe Aivagenta™ subscription or agent fees merely by contacting a business through these tools.
c. Acceptance and applicable provisions
These Terms govern the Aivagenta™ services you use when you accept them through an order, registration, acceptance control or another legally valid process that gives you reasonable notice and an opportunity to review them. For End Users, provisions about communication tools, conduct, submitted content, AI, privacy and applicable legal rights apply to their use; account administration, subscription payments and business indemnification apply only to the relevant Business Customer. Merely displaying these Terms does not establish that someone has accepted them. If you do not accept terms properly presented for acceptance, do not proceed with the activity requiring that acceptance; contact the business for another way to communicate.
The Privacy Policy explains personal-data handling. It is a privacy notice, not a blanket consent request. Accepting these Terms does not replace any separate consent required for tracking, recording, marketing or other processing.
2. The Services and the business you contact
a. What Aivagenta™ provides
The “Services” include our websites, dashboard, AI answering and messaging, live-agent tools, website widgets, visitor-context and sales tools, WaiPoint ServiceDeck™ tickets, SkyBase CRM™, Aiva WingMate™ assistance, phone and messaging channels, integrations and related tools made available under a selected plan. Available functions depend on the purchased options, configuration, channel and any applicable order. An illustrative feature, integration or demonstration is not a promise that every account includes it.
b. The Business Customer’s own relationship with End Users
The business identified in a widget, phone greeting, message or website is responsible for its own products, services, prices, offers, availability, bookings, fulfillment, refunds, professional judgments and promises. Its additional terms and privacy notice may apply to that relationship. Aivagenta™ supplies communication software and is not automatically the seller, employer, professional adviser or agent authorized to conclude that business’s transactions. A submitted request or AI response does not by itself confirm a purchase, appointment, refund or other commitment; obtain confirmation from the business where required.
This allocation does not remove any responsibility Aivagenta™ has for its own conduct, representations, services or legal obligations. When you contact Aivagenta™ about its own products or support, Aivagenta™ is the business you are contacting.
c. Service changes
We may maintain and develop the Services. Material reductions to a paid service during an agreed term will be addressed under the applicable order and mandatory law. We do not promise uninterrupted availability or the availability of any third-party channel in every location.
3. Eligibility and authority
Business account owners and persons accepting a commercial agreement must be at least 18 and have legal capacity and any required authority. Authorized Users must have the Business Customer’s permission and comply with applicable workplace and access rules.
The Services are intended for general business communications and are not directed to children under 16. A Business Customer must not deploy them for a child-directed service or knowingly collect children’s data without a separately agreed, lawful arrangement and any required safeguards and parental authorization. An End User who cannot legally agree to applicable terms should communicate through an authorized parent, guardian or other appropriate representative. See children’s privacy. Nothing here overrides a child’s or guardian’s statutory rights.
4. Business accounts, deployment and security
a. Account administration
Business Customers must provide accurate account and billing information, keep credentials confidential, manage Authorized User permissions and promptly remove access when no longer appropriate. Each user must use authorized access methods and promptly report suspected compromise. A Business Customer is responsible for activity it authorizes and for reasonable protection of its account; this does not excuse Aivagenta™’s own security obligations or fault.
b. Installing and configuring the Services
Install widgets, tracking features, phone numbers and integrations only on properties or accounts you own or are authorized to manage. Identify your business accurately, publish appropriate notices, make the applicable terms and privacy information reasonably accessible before data collection, and obtain any required consents. Do not imply that an AI system is a human operator or a licensed professional. Configure business knowledge, permissions, escalation destinations and automated actions to match your actual authority and operations.
c. Operational responsibilities
Keep service information current, supervise agents and automation, and review AI performance and escalation handling. Maintain your own lawful records and continuity arrangements appropriate to your business. Do not rely on Aivagenta™ as the sole means of receiving urgent or time-critical requests.
5. Rules for everyone using the Services
Business Customers, Authorized Users and End Users must use the Services lawfully and respect other people’s privacy, intellectual property and safety. Do not submit malware; send unlawful spam or harassment; impersonate another person; make fraudulent requests; access another customer’s records; bypass authentication, usage controls or consent choices; or disrupt the Services.
Do not scrape or extract non-public data, probe accounts without permission, or copy, resell or reverse-engineer the software except as expressly permitted by an agreement or applicable law. Automated use must follow the authorized interface and applicable limits. Good-faith reports of suspected vulnerabilities may be sent to legal@furie.ai without accessing or retaining other people’s data.
Provide only information you are authorized to share. Do not submit passwords, payment-card security codes, government identity documents or unnecessary sensitive information through a general chat or message. Regulated, special-category or similarly sensitive processing requires a suitable, expressly agreed arrangement and lawful safeguards; a standard subscription is not a representation that every regulated use is supported.
6. Business subscriptions, usage, billing and cancellation
a. Charges and renewals
This section applies to Business Customers purchasing paid Services. The order or checkout identifies the selected service, price, billing period and applicable usage charges. Prices are in U.S. dollars unless stated otherwise. Taxes, phone usage, messaging/provider fees, registrations, paid users and optional products may be additional where disclosed. A free core account does not make separately selected paid options free.
By placing a paid order, you authorize the disclosed charges to the supplied payment method. Where the order provides for automatic renewal, subscriptions renew for the disclosed monthly or annual period unless canceled before renewal. We will give disclosures, renewal notices and cancellation methods required by applicable law.
b. Cancellation and refunds
You may cancel subscriptions through the dashboard; contact legal@furie.ai if you cannot access the cancellation control or need assistance. Unless the order or mandatory law provides otherwise, cancellation takes effect at the end of the current paid term and there are no prorated refunds for a partial period or unused annual term. Mandatory withdrawal, cancellation, refund and other consumer rights prevail over this provision. Cancellation does not remove charges validly incurred before it takes effect.
c. Changes and prepaid usage
An upgrade or downgrade may change charges or entitlements as disclosed when selected. We will give at least 30 days’ notice of a subscription price change before an affected renewal, and any longer notice required by law. You can cancel before renewal if you do not accept the change. Prepaid Diamond usage, allowances, rounding and any stated expiry or refund rules are governed by the terms disclosed when purchased; these Terms do not introduce an undisclosed expiry, fee or forfeiture.
End Users remain responsible for their own carrier or internet charges, and for purchases separately agreed with the business they contact. Those charges are distinct from Aivagenta™ subscription fees.
7. Ownership, content and permission to process it
Aivagenta™ and its licensors retain rights in the software, documentation, branding and other platform materials. Subject to the applicable agreement, we grant the Business Customer and its Authorized Users a limited right to access and use the Services for the authorized purpose, and End Users permission to use the customer-facing tools to communicate and complete permitted actions.
You retain your existing rights in information, files, business knowledge, messages and other content you supply (“Customer Content”). You grant Aivagenta™ only the non-exclusive permission needed to host, transmit, display, format, process and, where instructed, generate responses from that content to deliver, secure and support the Services. This permission is subject to applicable privacy law, documented processing instructions and an effective DPA; it is not a transfer of ownership or a license to sell private conversations.
Submitting content does not authorize Aivagenta™ to use it for its own behavioral advertising or to train a shared general-purpose AI model. A materially different use requires a separate lawful basis and any required notice and consent. Business Customers must have the rights needed for materials they upload and instructions they give. An End User’s message may be delivered to the business, its authorized agents and the service providers needed to handle it as described in the Privacy Policy.
AI output may be similar to other output and may not qualify for exclusive intellectual-property protection. Do not assume that output is original, accurate or free of third-party rights.
8. AI conversations, agent assistance and human review
Some interactions and suggestions are generated by AI, including Aiva EngaigeMate™ CommsBot™ and Aiva WingMate™ tools. AI can misunderstand language or context, make errors, omit information or generate unsupported statements. Automated translation, summaries, sales-interest signals, response suggestions and coaching also have limitations.
Business Customers must select suitable use cases, provide accurate knowledge, test configurations, monitor outcomes and arrange human review for important or sensitive actions. Automation can reply or create tickets without an agent approving every message; the business must configure appropriate permissions and oversight. An escalation or ticket does not guarantee that a human has read it or will respond within a particular time.
End Users should verify important prices, commitments, appointments and instructions with the business, and request human assistance when needed. AI responses are not a substitute for qualified medical, legal, financial or other professional advice. The Services are not an emergency service; contact the appropriate emergency service directly for an emergency.
Do not use the Services as the sole basis for decisions producing legal or similarly significant effects on a person without the lawful authorization, information, review and other safeguards required for that use. These limitations do not waive rights concerning inaccurate data, unfair practices or unlawful automated decisions.
9. Calls, messages, recordings and fair use
a. Business Customer obligations
Obtain and document any legally required permission before calling, texting, recording, transcribing, tracking or sending marketing, including AI-generated or automated communications. Give clear notices about AI interaction and recording where required. Honor applicable do-not-contact, unsubscribe and consent-withdrawal requests, respect quiet hours and channel rules, and maintain consent records appropriate to your use. A chat inquiry, purchase or acceptance of these Terms is not blanket permission for unrelated promotional calls or messages.
b. End User choices
Recording or transcription may be enabled by the business and must be covered by the notice and consent required for the particular interaction. If you do not wish to continue, tell the business and ask about another contact method. For supported SMS programs, reply STOP to opt out and HELP for help; you may also contact the sender. Other reasonable opt-out methods must be honored where required by law. Message frequency depends on the interaction, and carrier message and data rates may apply. Marketing consent is not a condition of purchase where the law prohibits that condition.
c. Capacity and channel availability
Plan, order and channel limits apply as disclosed. We may proportionately restrict abusive traffic, security threats or activity that breaches published limits, and will provide notice and an opportunity to resolve the issue where reasonably practicable. These Terms do not impose an unstated monthly AI-trigger quota. Phone numbers and messaging accounts are subject to provider rules, registration requirements and applicable portability rights; delivery and universal channel availability cannot be guaranteed.
10. Service providers and connected applications
The Services use infrastructure and providers including Hosting.com (formerly A2 Hosting), OpenAI, Twilio, Pusher and Mailgun for hosting, AI, communications, real-time delivery and email. Their involvement depends on the feature used. Our use of providers to supply the Services remains subject to our own contractual and legal obligations, including any effective DPA; it is not a blanket disclaimer of responsibility for our processors.
A Business Customer may separately authorize connections to its own applications. It must have authority to access and share the affected data, approve the scope of actions and permissions, and comply with the connected service’s applicable terms. An integration can transmit information or cause an action in another system. Disconnecting a connection does not automatically erase records already delivered to that system. An End User should review the business’s notice for its own connected services.
Independent websites, app stores, carriers and third-party products may have their own terms and data practices. These Terms do not make an End User a party to a Business Customer’s vendor contract or replace any required notice or consent.
11. Privacy, confidentiality and the DPA
Read the Privacy Policy for information about account data, conversations, recordings where enabled, visitor activity, recipients, storage, rights and contact routes. Business Customers generally decide why their End Users’ data is collected and used; Aivagenta™ generally processes that Customer Personal Data on their behalf. Aivagenta™ separately handles data for its own account administration, billing, security and direct support purposes as described in that policy. Actual legal roles depend on the activity.
Where required, the parties must enter into a binding Data Processing Agreement with completed processing details and applicable safeguards. The published DPA requires written agreement as described in it; posting these Terms does not complete its schedules or execute transfer clauses. An effective DPA prevails over inconsistent provisions here concerning processing on the Business Customer’s behalf.
Neither party may use the other’s non-public business information disclosed through the Services for an unrelated purpose or disclose it except to authorized people and providers who need it, as permitted by the agreement or required by law. This does not restrict information independently developed, lawfully received without confidentiality duties, or publicly available without breach. Personal-data obligations continue to apply regardless of whether information is also confidential.
12. Suspension, termination and data at the end of service
A Business Customer may stop using the Services and cancel paid options as described above. We may suspend affected access to address a material breach, unpaid disclosed fees, fraud, legal requirements or an immediate security or safety risk. Where reasonably practicable, we will explain the reason and allow a reasonable opportunity to resolve it before termination; urgent or legally restricted situations may require immediate action. We will limit the action to what is reasonably necessary.
Termination ends the applicable access rights, subject to agreed transition arrangements and mandatory law. Validly incurred charges remain payable, while any required refund remains due. A Business Customer should arrange an export or return of its content before closing its account and contact us about available methods. Return, deletion, legal holds and backup handling are subject to the retention provisions, an effective DPA and applicable law, including the agreed active-system and backup deletion arrangements.
An End User may stop an interaction or request an available opt-out without buying an account. Ending a conversation or closing a widget does not itself delete a business’s records; use the privacy request routes.
13. Service standards, warranties and consumer rights
We will provide the Services in accordance with the applicable agreement and legal obligations. Except for express commitments in an order or applicable law, the Services are provided “as is” and “as available.” To the extent permitted for a commercial agreement, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee error-free AI, uninterrupted operation, a particular sales result or that every service suits a regulated use.
Nothing in these Terms removes a consumer’s mandatory rights, an applicable statutory service guarantee, duties concerning reasonable care, or rights concerning defective or misdescribed services. Disclaimers are limited accordingly. Our own legal duties concerning privacy, security and lawful processing are not replaced by a general “as is” statement.
14. Limits of liability
For claims by a Business Customer acting for business purposes, and to the extent permitted by law, neither party is liable to the other for indirect or consequential loss, lost profits or lost business opportunities arising from the Services. Subject to any controlling negotiated agreement or DPA, Aivagenta™’s total liability to that Business Customer arising from the Services is limited to the fees paid or payable by it for the affected Services in the 12 months before the event giving rise to the claim.
These commercial limitations do not apply to an End User merely because that person has not paid Aivagenta™. Any limitation applicable to an End User extends only as far as mandatory law permits and does not remove available consumer or data-protection remedies. Nothing excludes liability for fraud, intentional misconduct, gross negligence, death or personal injury where exclusion is prohibited, or any other liability that cannot lawfully be excluded or limited. Statutory compensation rights and regulator powers remain unaffected.
15. Business Customer indemnification
This section applies only to Business Customers acting for business purposes, not to End Users simply using a widget or communication channel. A Business Customer will defend and indemnify Aivagenta™ against third-party claims and reasonable, documented costs to the extent arising from that Business Customer’s unlawful content, infringement of another person’s rights, or material violation of its consent or acceptable-use obligations. It does not cover a claim caused by Aivagenta™’s own breach, unlawful processing, negligence or willful misconduct.
We must give prompt notice of the claim, reasonable cooperation at the Business Customer’s expense and reasonable control of the defense. No settlement may impose an admission, non-monetary obligation or unreimbursed payment on the indemnified party without its reasonable consent. This section does not expand a person’s obligations beyond what applicable law permits.
16. Governing law and disputes
Subject to mandatory law, these Terms are governed by Florida law, without its conflict-of-law rules, and disputes concerning the Services may be brought in the state or federal courts in Hillsborough County, Florida. For Business Customers acting for business purposes, those courts have exclusive jurisdiction unless a controlling written agreement provides otherwise.
If you are a consumer, this clause does not deprive you of mandatory protections under the law of your habitual residence or any right to bring proceedings in a court available under applicable consumer law. You may contact legal@furie.ai to seek a resolution before filing, but this does not prevent urgent relief, a regulator complaint or exercise of a statutory right. These Terms do not impose mandatory arbitration or a class-action waiver.
17. Export restrictions and lawful availability
Use of the Services must comply with applicable export controls, sanctions and other restrictions. Do not use or provide access to the Services where doing so is prohibited by applicable law. Availability of a feature in a dashboard does not itself establish that a particular use is authorized in every country or industry.
18. Changes, notices and the relationship between documents
We will identify the updated date and give reasonable notice of material changes through an appropriate channel, such as an account notice, email or in-service notice. Where law or an existing agreement requires affirmative acceptance or consent, we will obtain it before applying the change. A posting alone does not retroactively authorize a new use of previously collected personal data. If you do not agree to a proposed change, contact us and stop the affected use before it takes effect, subject to existing contractual and statutory rights.
An effective signed agreement or order controls over these Terms to the extent of a specific conflict, and an effective DPA controls for its subject matter. The Privacy Policy supplies transparency information and does not itself supply every consent or create a separate paid subscription. Mandatory law prevails. A Business Customer’s own terms govern its separate transactions with End Users and do not waive Aivagenta™’s independent obligations.
If a provision is unenforceable, the remaining provisions continue to the extent lawful; an unenforceable consumer term is not replaced to the consumer’s detriment. Failure to enforce a right is not a waiver. Provisions that by their nature should survive termination, including valid outstanding payments, confidentiality and applicable remedies, survive subject to law and any agreed data deletion obligations.
19. Contact and requests
For contractual questions, billing or cancellation assistance, account issues, or concerns about use of the Services, contact Aivagenta, Inc. at legal@furie.ai or www.aivagenta.com. For personal-data requests or privacy questions, email privacy@furie.ai and review your rights and choices.
For an order, appointment, product, refund or conversation handled by a Business Customer, contact that business using the details on its website or message. If you cannot identify the business responsible for an Aivagenta™-powered interaction, tell our privacy contact the website, channel and approximate time so we can help route the request. Do not send passwords or unnecessary sensitive information with your initial inquiry.