Last Updated: 02/21/2025

This Agreement is between AVA Business Group Inc., a company registered in the State of California, in the United States of America, operating under the brand name Ai Alchemy, and the company or person accessing or using the Product (the "Customer"). By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions set forth herein.

Definitions

1.1 "Product" refers to the AI phone service, AI Voice Agents, and online web portal provided by Ai Alchemy, a brand of AVA Business Group Inc.

1.2 "Customer" means the company or person who accesses or uses the Product.

1.3 "Customer Content" means any data, information, or material provided or submitted by Customer to the Product.

Access and Use of the Product

2.1 AVA Business Group Inc. grants Customer a non-exclusive, non-transferable, and limited right to access and use the Product during the Subscription Period, subject to the terms of this Agreement.

2.2 Customer agrees to use the Product only for lawful purposes and in compliance with all applicable laws and regulations.

2.3 Customer shall not:
(a) copy, modify, or create derivative works of the Product.
(b) reverse engineer, decompile, or disassemble the Product.
(c) sell, resell, rent, lease, or sublicense the Product.
(d) use the Product to store or transmit infringing, libelous, or otherwise unlawful material.

Phone Number Ownership and Usage

3.1 Any phone number(s) assigned to the Customer in connection with Ai 

Alchemy's AI Voice Agents or other telephony-based products remain the sole property of AVA Business Group Inc..

3.2 The Customer is granted exclusive use of their assigned number(s) only while maintaining an active, paid subscription.

3.3 The Customer has no rights, ownership, or claims to the assigned number(s). Upon termination of the subscription, for any reason, the assigned number(s) will be reclaimed by AVA Business Group Inc. and may be reassigned to another Customer.

3.4 Customers will not be able to port out, transfer, or retain their assigned phone number(s) at any time, even if they wish to continue using them with another service provider.

Intellectual Property

4.1 AVA Business Group Inc. retains all right, title, and interest in and to the Product, including all intellectual property rights therein.

4.2 Customer retains all right, title, and interest in and to the Customer Content.

Privacy and Data Protection

5.1 AVA Business Group Inc.'s collection, use, and disclosure of personal information in connection with the Product is governed by its Privacy Policy, which is incorporated into this Agreement by reference and complies with applicable U.S. data protection laws.

5.2 Customer acknowledges and agrees that AVA Business Group Inc. may use third-party AI models to enhance the Product and that Customer Content may be shared with these models for processing and analysis, as described in the Privacy Policy.

Fees and Payment

6.1 Customer shall pay the applicable fees for the Product as set forth on Ai Alchemy's pricing page or as otherwise agreed upon in writing.

6.2 AVA Business Group Inc. reserves the right to modify its pricing at any time upon reasonable notice to Customer. Any price changes will take effect at the start of the next Subscription Period.

6.3 Customer is responsible for all taxes, duties, and other governmental charges associated with the Product, excluding taxes based on AVA Business Group Inc.'s net income.

Term and Termination

7.1 This Agreement shall commence on the Effective Date and continue until terminated by either party.

7.2 Either party may terminate this Agreement at any time and for any reason upon written notice to the other party.

7.3 Upon termination, Customer's right to access and use the Product shall immediately cease, and Customer shall promptly delete all copies of the Product in its possession or control.

7.4 Upon termination of a subscription, all phone numbers assigned to the Customer will be immediately reclaimed by AVA Business Group Inc. and will not be available for continued use, porting, or transfer to another service provider.

Disclaimer of Warranties

8.1 The Product is provided "as is" and "as available," without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.2 AVA Business Group Inc. does not warrant that the Product will meet Customer's requirements or that its operation will be uninterrupted or error-free.

Limitation of Liability

9.1 In no event shall AVA Business Group Inc. be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to this Agreement or the Product.

9.2 AVA Business Group Inc.'s total liability under this Agreement shall not exceed the fees paid by Customer to AVA Business Group Inc. during the 1-month period preceding the event giving rise to the claim.

Governing Law and Dispute Resolution

10.1 This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles.

10.2 Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association or through the courts of the State of California, at the election of the party initiating the dispute.

Language

11.1 This Agreement is drafted in English. A Spanish translation of this Agreement will be made available upon request. In the event of any discrepancies between the English and Spanish versions, the English version shall prevail.

Miscellaneous

12.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, with respect to the subject matter hereof.

12.2 AVA Business Group Inc. may modify this Agreement at any time by posting a revised version on its website or by notifying Customer via email. Customer's continued use of the Product after any such changes shall constitute its acceptance of the modified Agreement.

12.3 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

By using the Ai Alchemy Product, Customer acknowledges that it has read, understood, and agrees to be bound by the terms and conditions of this Agreement.