Terms of Service

Last Updated: October 2026

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between the individual or legal entity accessing or using the platform ("User," "Subscriber," "you," or "your") and MyAiAvatar ("the Platform," "we," "us," or "our"). By registering for an account, accessing, browsing, interacting with, or deploying any autonomous voice, messaging, scheduling, or avatar capability provided by MyAiAvatar, you acknowledge that you have read, understood, and irrevocably agree to be bound by these Terms in their entirety. If you are entering into this Agreement on behalf of a corporation, partnership, or other legal entity, you represent and warrant that you possess the full requisite legal authority to bind such entity to these Terms. If you do not possess such authority, or if you do not agree unconditionally with every term and condition set forth herein, you must immediately cease all access to and use of MyAiAvatar.

1. Platform Architecture & Scope of Services

MyAiAvatar provides an enterprise-grade artificial intelligence platform that enables subscribers to calibrate, host, and operate synthetic digital avatars and voice agents ("Avatars"). The Platform encompasses autonomous real-time voice telecommunications, inbound telephone triage, answering machine detection (AMD), voicemail transcription and response, bi-directional media streaming, email integration and triage, social and direct messaging synchronization, intelligent calendar booking, and synthetic text and audio synthesis (collectively, the "Services").

The Services operate as an orchestrator and executive assistant infrastructure. You acknowledge and agree that:

2. Eligibility & Account Security

To access or utilize MyAiAvatar, you must be at least eighteen (18) years of age and possess the legal capacity to enter into binding legal agreements under the laws of your jurisdiction. You represent and warrant that you are not barred from receiving services under applicable export control laws, economic sanctions, or telecommunications trade restrictions.

You agree to provide true, accurate, current, and complete registration credentials and to promptly update your account information whenever changes occur. You are solely responsible for maintaining the strict confidentiality of your authentication credentials, session tokens, passwords, and cryptographic keys. You assume full legal and financial responsibility for all activities, telecommunications charges, generative API invocations, and outbound communications initiated through or originating from your account, whether or not explicitly authorized by you. You must notify MyAiAvatar immediately upon learning of any unauthorized access, security incident, credential breach, or suspected vulnerability affecting your account.

3. Intellectual Property, Biometric Voice Rights & Ownership

3.1 Your Voice, Likeness & Proprietary Data: As between you and MyAiAvatar, you retain exclusive and complete ownership of, and all intellectual property rights in and to, any personal audio recordings, vocal calibration samples, biometric audio signatures, written knowledge bases, custom instructions, company trade secrets, and proprietary context documents that you upload, transmit, or calibrate within the Platform ("User Input Data"). MyAiAvatar claims no ownership, title, or patent right over your voice, likeness, or User Input Data.

3.2 Limited Operational License: Solely to the extent strictly necessary for MyAiAvatar to deliver, execute, maintain, host, and route the Services to you, you grant MyAiAvatar a non-exclusive, worldwide, royalty-free, revocable license to process, ingest, vectorize, synthesize, stream, and transmit your User Input Data. This license terminates automatically upon the permanent deletion of your account and related avatar profiles, subject only to transient, encrypted backup retention cycles required by law or disaster-recovery infrastructure.

3.3 Platform Ownership: MyAiAvatar and its underlying technologies—including but not limited to all software architecture, proprietary system prompts, orchestration engines, workflow state machines, application programming interfaces (APIs), compiled bytecodes, mathematical algorithms, user interface designs, visual graphics, domain services, and documentation—are the exclusive property of MyAiAvatar. Except for the express, limited, non-transferable, revocable license granted to you to access the Services in strict compliance with these Terms, no right, title, interest, patent, copyright, or trademark is transferred or licensed to you.

4. Anti-Impersonation, Ethical Voice Synthesis & Legal Consent Warranty

The creation, calibration, and public deployment of synthetic digital clones and voice replicas impose heightened ethical and legal obligations. You hereby provide the following solemn legal covenants, representations, and warranties:

5. Server-Side Encryption, Data Isolation & Privacy Commitments

5.1 Cryptographic Architecture at Rest: MyAiAvatar enforces comprehensive Server-Side Encryption (SSE). All sensitive customer secrets, mailbox credentials, OAuth tokens, and call transcripts stored in database tables are cryptographically encrypted at rest utilizing Advanced Encryption Standard with 256-bit keys in Galois/Counter Mode (AES-256-GCM). Cryptographic keys are maintained in isolated server execution environments and derived using cryptographic hashing functions, ensuring that stored records remain indecipherable ciphertext in the event of unauthorized storage inspection.

5.2 Encryption in Transit: All communications between your browser, client workstations, telecommunications carriers, email providers, and MyAiAvatar ingress endpoints are secured using modern Transport Layer Security (TLS 1.3 / TLS 1.2) protocols. Unencrypted HTTP transport is strictly prohibited and automatically upgraded.

5.3 Logical Multi-Tenancy & Runtime Sandboxing: MyAiAvatar implements logical multi-tenancy enforced at the application, database, and process layers. Each subscriber's execution context, conversational memory, voice synthesis stream, and administrative review queue are strictly scoped to verified account identifiers. The Platform maintains hard memory and query boundaries to prevent cross-tenant data contamination, leakage, or unauthorized cross-account visibility.

5.4 Zero Model Training Commitment: In accordance with our core privacy guarantees, MyAiAvatar processes customer correspondence, audio calibration samples, and proprietary knowledge vectors exclusively through enterprise and commercial inference pipelines. Your private correspondence, customer leads, voice vectors, and uploaded documents are never sold, never leased, and never utilized to train, fine-tune, or calibrate public artificial intelligence foundation models or generalized commercial datasets.

6. Autonomous Communications & Telephony Regulations (TCPA / TSR / CTIA)

6.1 Carrier Phone Numbers & Inbound Triage: MyAiAvatar integrates with carrier networks to provision dedicated telephone numbers, route inbound calls, perform answering machine detection (AMD), play synthetic voice greetings, stream WebRTC audio, and execute text message (SMS) workflows. You acknowledge that telephone numbers are leased through telecommunications partners and remain subject to carrier policies, regulatory audits, and service provider availability.

6.2 Compliance with Telemarketing & Robocall Laws: You bear sole and exclusive legal responsibility for ensuring that all outbound telephone calls, automated voicemails, scheduled voice appointments, and SMS messages dispatched by or through your avatar comply in full with all applicable national, federal, state, and international telecommunications statutes, including without limitation:

6.3 Express Prior Consent: You strictly represent, warrant, and covenant that your avatar will never place an outbound telephone call, synthetic voice call, or SMS message to any consumer or business contact without having first obtained all legally mandated prior express written consents, opt-ins, and disclosures. You agree to maintain verifiable records of such consents and to honor all opt-out, unsubscribe, or "do not contact" requests immediately.

6.4 Emergency Services Disclaimer: MYAIAVATAR DOES NOT PROVIDE EMERGENCY CALLING, 911, E911, 999, 112, OR EQUIVALENT EMERGENCY RESPONSE SERVICES. You acknowledge that MyAiAvatar telephone numbers cannot connect to public safety answering points, police, fire, hospital, or emergency medical services. You must maintain alternative traditional wireline or wireless telecommunications facilities for all emergency communications.

7. Acceptable Use Policy & Restricted Conduct

You agree not to use, attempt to use, or permit any third party to use MyAiAvatar to engage in, facilitate, or promote any of the following prohibited behaviors:

8. Subscription Plans, Compute Credits, Billing & Refunds

8.1 Recurring Subscriptions: Access to the full suite of MyAiAvatar services requires an active paid subscription plan. Subscriptions are billed on a recurring, prepaid cycle (monthly or annually) according to the pricing tier selected at checkout. Your subscription automatically renews at the conclusion of each billing cycle unless affirmatively cancelled prior to the renewal date via the dashboard billing portal or by disabling recurring billing through your payment provider.

8.2 Payment Processing: Payments are processed through secure, PCI-DSS compliant third-party payment gateways (e.g., Stripe). By providing payment credentials, you authorize MyAiAvatar and its payment processors to charge all applicable subscription fees, compute credit reloads, telecommunications surcharges, and applicable sales, value-added (VAT), or excise taxes to your designated payment method.

8.3 Dynamic Compute Credits: Real-time neural voice synthesis, bi-directional carrier audio streaming, automated transcription, and large language model inference consume dynamic compute credits. Compute credit packages purchased as add-ons are non-refundable once allocated to your active account balance and do not constitute legal currency, property, or interest-bearing financial assets. Unused credits expire upon account termination or subscription lapse.

8.4 14-Day Money-Back Satisfaction Guarantee: We provide a full fourteen (14) day money-back satisfaction guarantee for initial, first-time subscription purchases. If you are dissatisfied with MyAiAvatar during the first fourteen (14) calendar days following your initial account activation, you may request a 100% refund of your initial subscription fee through the platform interface or customer dashboard. Upon processing a refund under this guarantee, all active avatar services, provisioned telephone numbers, and studio capabilities will be immediately deactivated. This guarantee applies strictly to first-time subscribers and does not apply to subsequent monthly renewals, automated annual renewals, or customized enterprise deployments.

8.5 Chargebacks & Payment Disputes: Initiating an unwarranted payment dispute or fraudulent bank chargeback constitutes a material violation of these Terms. In the event of a chargeback, MyAiAvatar reserves the right to immediately suspend all connected services, reassign provisioned phone numbers, and pursue collection of disputed funds along with administrative recovery fees to the fullest extent permitted by law.

9. Promotional Offers, Promo Codes & Right to Void Benefits

9.1 Promotional Discretion & Availability: From time to time, MyAiAvatar may offer promotional access codes, introductory fee discounts, bonus compute credit grants, free trial durations, or special tier privileges (collectively, "Promotional Benefits"). All Promotional Benefits are offered on a purely discretionary, limited-time basis and do not establish any vested property, contractual, or permanent entitlement.

9.2 Restrictions on Redemption: Unless explicitly authorized in writing by MyAiAvatar, all Promotional Benefits are subject to the following non-negotiable restrictions:

9.3 Right to Revoke, Void, and Retroactively Rescind Benefits: MyAiAvatar expressly reserves the absolute, unilateral right to modify, suspend, terminate, void, or revoke any Promotional Benefit, discount, promotional credit allocation, or trial tier at any time, with or without prior notice.

9.4 Effect of Revocation: In the event that a Promotional Benefit is voided or revoked pursuant to this Section 9, MyAiAvatar reserves the right to immediately adjust your compute credit balance, revert your subscription to the standard undiscounted published billing rate, deactivate subsidized features, or invoice your account for the fair market value of any computational resources or telecommunications throughput consumed under false or abusive promotional pretenses.

10. Disclaimers of Warranties ("As Is" & "As Available")

10.1 No Warranty of Absolute Accuracy: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF MYAIAVATAR, ITS AUTONOMOUS VOICE ENGINES, GENERATIVE AI RESPONSES, AND TELEPHONY ROUTING IS AT YOUR SOLE AND EXCLUSIVE RISK. THE PLATFORM, SOFTWARE, DOCUMENTATION, AND ALL DELIVERED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

10.2 Exclusion of Implied Warranties: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYAIAVATAR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, FREE OF HALLUCINATIONS OR FACTUAL INACCURACIES, OR THAT DEFECTS IN SYNTHETIC SPEECH OR SCHEDULING WILL BE CORRECTED.

10.3 Professional Advice Disclaimer: OUTPUTS GENERATED BY MYAIAVATAR DO NOT CONSTITUTE PROFESSIONAL LEGAL, MEDICAL, FINANCIAL, ACCOUNTING, OR ARCHITECTURAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL INFORMATION, CONTRACT TERMS, APPOINTMENT COMMITMENTS, AND CUSTOMER STATEMENTS GENERATED BY YOUR AVATAR PRIOR TO RELYING UPON OR FORMALLY DISPATCHING THEM.

11. Limitation of Liability

11.1 Exclusion of Consequential Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE SHALL MYAIAVATAR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, REPUTATIONAL DAMAGE, USE, DATA INTEGRITY, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, MISCOMMUNICATED APPOINTMENTS, OR TELECOMMUNICATIONS FINES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE), EVEN IF MYAIAVATAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Aggregate Liability Cap: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF MYAIAVATAR ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR THE USE OF (OR INABILITY TO USE) ANY SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO MYAIAVATAR FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

11.3 Essential Basis of the Bargain: YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION 11 CONSTITUTE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH MYAIAVATAR WOULD NOT BE FINANCIALLY OR TECHNICALLY ABLE TO OFFER THE SERVICES ON THE ECONOMIC TERMS SPECIFIED.

12. Indemnification

You agree to defend, indemnify, and hold harmless MyAiAvatar, its affiliates, successors, directors, officers, contractors, licensors, and service partners from and against any and all claims, liabilities, damages, losses, costs, expenses, judgments, and legal fees (including reasonable attorneys' fees) arising out of, resulting from, or in any way connected with:

13. Suspension, Termination & Data Deletion

13.1 Termination by User: You may terminate this Agreement and close your account at any time through the subscription management portal within the application settings.

13.2 Termination or Suspension by MyAiAvatar: We reserve the right, without liability and without prior notice, to immediately suspend or terminate your account, restrict your API access, revoke provisioned telephony numbers, and halt avatar execution if:

13.3 Effect of Termination & Cryptographic Deletion: Upon termination of your account by either party, all active licenses granted to you shall immediately cease. In accordance with our security architecture, your stored avatar configuration profiles, synthetic voice calibration vectors, and encrypted mail credentials will be permanently and irreversibly purged from active production databases within thirty (30) business days, subject only to statutory record retention and disaster-recovery archival obligations.

14. Binding Dispute Resolution & Class Action Waiver

14.1 Mandatory Informal Resolution: Before initiating any formal legal proceeding, you and MyAiAvatar agree to first attempt to resolve any dispute, controversy, claim, or breach arising out of or relating to these Terms ("Dispute") informally by delivering a written notice of dispute detailing the factual background and specific relief sought. Both parties agree to negotiate in good faith for a minimum of thirty (30) calendar days following receipt of such notice before pursuing arbitration or judicial remedies.

14.2 Binding Arbitration: If the Dispute cannot be resolved through informal negotiations within thirty (30) days, the Dispute shall be finally resolved by individual, binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, or before an internationally recognized arbitration body under the UNCITRAL rules if outside the United States. The seat and venue of arbitration shall be in the State of California, United States, and conducted on an individual basis. The arbitrator's award shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction thereof.

14.3 Class Action & Representative Waiver: YOU AND MYAIAVATAR EXPLICITLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise in writing, the arbitrator or court may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class action.

15. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms (except for the obligation to pay accrued fees) due to causes beyond its reasonable control, including without limitation acts of God, extreme natural disasters, telecommunications carrier fiber cuts, Internet backbone outages, electrical grid collapse, pandemic, war, acts of terrorism, armed conflict, civil disturbance, labor strikes, government sanctions, or upstream cloud infrastructure service interruptions (including outages at tier-1 AI inference or telecommunications gateway providers).

16. General Legal Provisions

16.1 Governing Law & Jurisdiction: These Terms and any dispute arising out of or related to this Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any legal action, lawsuit, or judicial proceeding arising out of or relating to these Terms or the Services that is not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of California, and the parties hereby irrevocably submit to the personal jurisdiction and venue of such courts. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

16.2 Entire Agreement: These Terms, together with the MyAiAvatar Privacy Policy, constitute the complete, exclusive, and final agreement between the parties with respect to the subject matter hereof, superseding and merging all prior oral or written discussions, representations, proposals, understandings, or agreements.

16.3 Severability: If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

16.4 Waiver: The failure of MyAiAvatar to enforce any right, covenant, or provision of these Terms shall not constitute a waiver of future enforcement of that right or any other provision.

16.5 Assignment: You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder, in whole or in part, without the prior written consent of MyAiAvatar. MyAiAvatar may freely assign or transfer this Agreement, its corporate assets, software patents, or operational obligations without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

16.6 Amendments & Modifications: MyAiAvatar reserves the right to revise, amend, or update these Terms periodically to reflect changes in our Services, underlying technology, cryptographic standards, or legal and regulatory requirements. We will indicate the date of the most recent revision at the top of this document ("Last Updated"). Your continued access to or operational use of MyAiAvatar following the posting of amended Terms constitutes your conclusive and binding acceptance of the updated terms.