Last updated: March 25, 2026
1. Acceptance of Terms
By accessing or using Ava AI ("the Service"), operated by Ava AI Nexus LLC, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this Service.
2. Description of Service
Ava AI provides AI-powered voice calling services designed to help businesses automate customer communications, including abandoned checkout recovery, post-purchase outreach, customer support, and other voice-based workflows. Our Service integrates with Shopify.
3. Account Registration
To use the Service, you must:
Be at least 18 years old
Provide accurate and complete registration information
Maintain the security of your account credentials
Notify us immediately of any unauthorized use of your account
4. Acceptable Use
You agree not to use the Service to:
Violate any applicable laws or regulations, including TCPA, GDPR, and CAN-SPAM
Make calls to numbers on the Do Not Call registry without proper consent
Engage in spam, fraud, or misleading practices
Harass, abuse, or harm other individuals
Interfere with or disrupt the Service or servers
5. Compliance with Calling Regulations & TCPA
Ava AI provides a platform for AI-powered voice communications. You, the Subscriber, are solely responsible for ensuring that your use of the Service complies with all applicable federal, state, and local telecommunications laws and regulations, including but not limited to:
The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227
FCC rules and orders implementing the TCPA, including consent and opt-out requirements
The Telemarketing Sales Rule (TSR)
National and state Do Not Call (DNC) registry requirements
State-specific telemarketing, robocall, and consumer protection statutes
International calling laws for cross-border communications
5.1 Consent Obligations
You represent and warrant that, prior to placing any automated, AI-generated, or prerecorded voice calls through the Service, you have obtained all consent required by applicable law from each person contacted. This includes, where required, prior express written consent as defined by the TCPA and FCC regulations. You are responsible for determining the appropriate level of consent based on the nature and purpose of each call and applicable jurisdiction.
5.2 Record Keeping
You must maintain records of all consent obtained, including the date, time, method of consent, and the specific language agreed to by the consumer, for a minimum of five (5) years or as otherwise required by applicable law. While Ava AI may provide tools to facilitate consent tracking, maintaining compliant consent records is your obligation.
5.3 Do Not Call Compliance
You are responsible for maintaining an internal Do Not Call list and honoring all opt-out requests promptly. You must scrub your call lists against the National Do Not Call Registry and applicable state DNC lists as required by law. Ava AI's built-in DNC features are provided as a convenience and do not replace your independent compliance obligations.
5.4 Calling Hours
You must ensure that all calls placed through the Service occur only during legally permitted hours in the called party's local time zone, as required by the TCPA (8:00 AM – 9:00 PM) and any stricter state or local regulations.
5.5 Indemnification for Calling Violations
You agree to indemnify, defend, and hold harmless Ava AI, Ava AI Nexus LLC, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your failure to obtain required consent, (b) your violation of any calling regulation, (c) any calls placed through the Service on your behalf, or (d) any claim by a third party that calls made using your account violated their rights under the TCPA or other applicable law.
5.6 Platform Role
Ava AI is a technology platform that facilitates AI voice communications on your behalf. Ava AI does not determine whom you call, the content of your calls, or whether you have obtained appropriate consent. Ava AI makes no representations regarding the legal classification of any call and does not provide legal advice. You should consult with qualified legal counsel regarding your compliance obligations.
6. Billing and Payments
You agree to:
Pay all charges associated with your use of the Service
Accept usage-based charges for call volume as outlined in your plan
7. Data and Privacy
Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.
8. Intellectual Property
The Service and its original content, features, and functionality are owned by Ava AI Nexus LLC and are protected by international copyright, trademark, and other intellectual property laws.
9. Limitation of Liability
IN NO EVENT SHALL AVA AI OR AVA AI NEXUS LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
11. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. You may also terminate your account at any time by contacting us.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts located in Sheridan County, Wyoming.
13. Changes to Terms
We reserve the right to modify these terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. Continued use of the Service after changes constitutes acceptance of the revised Terms.
14. Contact Information
Ava AI Nexus LLC
30 N Gould St, Sheridan, WY 82801
Email: support@avasales.ai
United States
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