Terms of Service

ORLIVO provides an AI-powered communications platform for businesses: automated call answering and placing, appointment handling, transcription, analysis, notifications, and related dashboard tools (the “Service”). You are purchasing access to software; you are not purchasing outcomes, revenue, call volumes, bookings, or any particular business result.

You must be at least 18, use the Service on behalf of a business, and provide accurate information. You are responsible for safeguarding your credentials and for all activity under your account and workspace, including activity by your team members. We may refuse, suspend, or terminate any account at our sole discretion (see Section 12).

The Service uses artificial intelligence to conduct and analyze conversations. AI is probabilistic and imperfect. It may mishear, misunderstand, misstate, fail to answer, fail to transfer, drop calls, book incorrect appointments, transcribe or summarize inaccurately, or behave unexpectedly. You accept these limitations. You are responsible for reviewing AI outputs and for all business decisions made from them. ORLIVO is not liable for missed calls, missed business opportunities, incorrect bookings, miscommunications with your customers, or any consequence of AI behavior.

You control how the Service is configured and used with your customers, and you alone are responsible for legal compliance in your use, including without limitation: (a) call recording and monitoring consent laws (including two-party/all-party consent states) — you must ensure legally sufficient notice and consent for recording and AI participation on calls; (b) telemarketing and outbound-calling laws (including the TCPA, the Telemarketing Sales Rule, state equivalents, do-not-call registries, and calling-time restrictions) for any outbound use; (c) industry-specific rules applicable to your business (licensing, advertising, healthcare, legal-services rules, etc.); and (d) all data-protection laws applicable to the personal information of your callers and customers. ORLIVO provides tools, not legal compliance; nothing in the Service is legal advice.

You must not use the Service for: unlawful, deceptive, or fraudulent activity; impersonation of others without authority; harassment, threats, or abuse; robocall spam or mass unsolicited calling; emergency services (the Service must never be relied on for 911 or life-safety communication); high-risk activities where failure could cause death, injury, or significant damage; or any attempt to probe, overload, reverse-engineer, or circumvent the Service’s security or usage limits. We may suspend immediately for violations.

Paid plans bill monthly in advance at the prices shown at checkout, plus usage-based charges (per-minute overage beyond your plan’s included minutes, at the rates displayed on your billing page). Setup and implementation fees for custom engagements are quoted separately and are due before work begins.

All fees are non-refundable. We do not provide refunds or credits for any reason, including partial billing periods, unused minutes, downtime, AI errors, dissatisfaction with the Service, or termination of your account by you or by us. You may cancel at any time; cancellation stops future billing at the end of the current billing period and does not entitle you to any refund of amounts already paid or owed. Usage charges accrued through the moment of cancellation remain payable. We may change prices with notice; continued use after a change is acceptance.

Phone numbers provisioned through the Service are licensed to you for use with the Service, not sold. If your subscription lapses or is terminated, provisioned numbers may be reclaimed and released. Number portability, where offered, is at our discretion and may carry fees. You are responsible for configuring any call forwarding with your own carrier and for your carrier’s charges.

You retain ownership of your business data. You grant ORLIVO a license to process it (including call audio, transcripts, and analyses) to provide, secure, and improve the Service, and to share it with the subprocessors that power the Service (voice infrastructure, hosting, payments, email — see the Privacy Policy). You represent that you have all rights and consents needed for the data you and your callers provide. We may retain and use aggregated, de-identified data.

The Service, including software, prompts, designs, and trademarks, is owned by ORLIVO and its licensors. No rights are granted except the limited right to use the Service under these Terms. Feedback you provide may be used freely by us without obligation.

The Service depends on third-party providers (telephony and AI voice infrastructure, cloud hosting, payment processing, email delivery). We are not responsible for their outages, changes, or acts, and the Service is subject to their availability. Features may change as providers change.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, UPTIME, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY CALL WILL BE ANSWERED, TRANSFERRED, RECORDED, TRANSCRIBED, OR ANALYZED CORRECTLY.

We may suspend or terminate your access at any time, with or without notice, for violation of these Terms, non-payment, suspected fraud or abuse, legal or security risk, or where we reasonably believe continued service creates liability for us. You may terminate by cancelling your subscription. Upon termination: access ends, provisioned numbers may be released, and no refunds are owed (Section 6). Sections that by nature should survive (including 6, 8, 9, 11, 13, 14, 15) survive termination. We may make your data available for export for 30 days after termination, after which it may be deleted.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) ORLIVO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS, OR MISSED OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) ORLIVO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE FEES YOU PAID TO ORLIVO IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY TO ALL THEORIES OF LIABILITY.

You will defend, indemnify, and hold harmless ORLIVO and its officers, employees, and agents from any claims, damages, fines, and expenses (including reasonable attorneys’ fees) arising from: your use of the Service; your violation of these Terms or of law (including recording-consent and telemarketing laws); your data and content; or disputes between you and your customers or callers.

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules. Any dispute shall be resolved by binding individual arbitration in Delaware under the rules of the American Arbitration Association, except either party may seek relief in small-claims court or injunctive relief for IP misuse. You waive any right to a jury trial and to participate in any class, collective, or representative action. Claims must be brought within one (1) year of accrual.

We may update these Terms; material changes will be notified via the Service or email. Continued use after the effective date of changes is acceptance. The version you accepted and the acceptance timestamp are recorded on your account.

These Terms plus your order and the Privacy Policy are the entire agreement. If a provision is unenforceable, the remainder stands. No waiver is implied by inaction. You may not assign these Terms without our consent; we may assign in connection with a merger or sale. Notices to us: hello@orlivo.ai.