AGREEMENT TO TERMS

ARIIA AI LLC (‘we,’ ‘us,’ or ‘our’) operates the ARIIA AI platform (the ‘Service’), a cloud-hosted SaaS platform using AI agents to automate voice and messaging interactions for businesses, accessible at https://www.ariiaai.com/. By using the Service, you agree to these Terms and our Privacy Policy.

DEFINITIONS

• Account: A registered user account.
• Service: The ARIIA AI cloud-based SaaS platform.
• Input: Data, content, or information submitted to the Service.
• Output: Data or content generated by the Service.
• AI Agents: Automated AI-powered voice or messaging technology provided by the Service.
• Personal Data: Information that identifies or relates to an individual, including biometric data where applicable.
• End Customer: An individual who contacts or is contacted by a business using ARIIA AI, including callers and individuals who receive SMS messages through the Service.
• Call Recording: Audio of calls captured only if the user enables this feature.
• Transactional SMS: Messages related to existing transactions or requested services, including verification codes, appointment confirmations, reservations, order confirmations, payment confirmations, order-ready alerts, booking updates, cancellations, or rescheduling confirmations.
• Marketing SMS: Promotional messages advertising products, services, discounts, or sales.
• Prior Express Written Consent: A clear, verifiable written agreement by the recipient to receive marketing SMS messages, obtained in compliance with applicable laws and regulations.
• Consent Laws: Federal, state, or local laws governing call recording, SMS, privacy, or biometric data.

ELIGIBILITY AND REGISTRATION

You must be at least 18 years old and have the legal capacity to enter into binding agreements. By using the Service, you represent and warrant that you meet these requirements and will comply with all applicable laws.

Account Registration

• You must provide accurate and complete registration information.
• You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

United States Use

The Service is intended for residents of the United States. Accounts accessed or used from outside the U.S. may be suspended or terminated. By using the Service, you agree that we are not responsible for compliance with laws outside the U.S.

Agreement to Terms

By creating an Account, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

TRIAL RESTRICTIONS

• Free trials are limited to one per individual or organization (legal entity). Separate locations or franchises under different ownership may each qualify for their own free trial.
• You may not attempt to circumvent trial limitations, eligibility requirements, or technical safeguards.
• We reserve the right, at our sole discretion, to suspend or terminate Accounts and revoke trial access in cases of trial abuse or misuse.
• Free trials last for 30 days.

SERVICE DESCRIPTION

The Service is a cloud-hosted SaaS platform enabling automated customer interactions using AI agents.

Disclaimer: ARIIA AI LLC is not a telecommunications provider and does not provide legal advice. Users are responsible for compliance with all applicable laws, including call recording, privacy, biometric, and messaging regulations.

We may modify, suspend, or discontinue any part of the Service at any time.

PAYMENT TERMS

Subscription Plans

• Subscription Plans are billed on a recurring monthly or yearly basis and auto-renew unless canceled.
• Yearly Plans: Billed upfront for a full year at a 10% discount compared to monthly pricing. Yearly plans auto-renew unless canceled at least 24 hours before the renewal date. All fees are non-refundable.
• Monthly Plans: Billed monthly and auto-renew unless canceled at least 24 hours before the next billing cycle. All fees are non-refundable.

Additional Usage

If you exceed included minutes on a Subscription Plan, additional usage will be tracked in real-time and charged at the per-minute rate specified for your plan. Charges will be billed with your next invoice.

All plans, including Subscription and Pay-As-You-Go, may include a monthly allocation of SMS messages for general transactional use. Applicable SMS limits, included usage, overage rates, and billing terms are described in the applicable plan or pricing information presented to you. If your usage exceeds the applicable included amount, additional messages may be charged at the applicable rate. Overage charges may be billed with your next invoice or deducted from your Pay-As-You-Go balance.

Pay-As-You-Go

Add funds to your account to use the Service per minute. Usage charges are deducted in real-time from your balance. Service will pause if your balance runs out.

Unused balances: You may request a refund of any remaining unused pay-as-you-go balance by contacting support. Refunds are issued to the original payment method, subject to processing time and verification.

Cancellation

You may cancel your Subscription at any time. If you cancel, your access continues until the end of the current billing period. After that, the Subscription will not renew.

We may suspend or terminate access immediately for violations of these Terms, non-payment, or unlawful use. Upon termination, access to the Service will cease, and data handling will follow our Privacy Policy.

Taxes

Subscription Fees are exclusive of applicable taxes. Sales tax will be added where required by law. You are responsible for such taxes. ARIIA AI LLC is responsible only for taxes on its income, property, and employees.

Billing Errors

You must notify us of any billing errors within 60 days of the charge date. Claims made after this period will not be considered.

Fee Adjustments

ARIIA AI LLC may modify subscription fees at any time. Notice of fee changes may be communicated through email. If you do not agree to a fee increase, you may cancel your Subscription prior to the next billing cycle.

ACCEPTABLE USE

You may use the Service only for lawful business purposes and in compliance with applicable laws and third-party rights.

You may not:

• Use the Service for unlawful, deceptive, or harmful activities.
• Reverse-engineer or attempt to derive source code.
• Bypass security or technical safeguards.
• Use the Service in violation of call recording, privacy, biometric, or messaging laws.

AI OUTPUT & DEMO DISCLAIMER

AI Output & Input Disclaimer

• The Service uses AI to assist in interactions with End Customers, including answering questions, booking appointments or reservations, and taking orders. While we strive for accuracy, AI-generated interactions are not infallible and may contain errors, inaccuracies, or produce unintended outcomes.
• The Service processes input as submitted by End Customers through your use of the Service. Businesses are responsible for verifying all input and reviewing AI outputs. Optional features, including call recording and transcription, can be enabled separately via the dashboard. Confirmation SMS can also be enabled optionally, providing transaction details for verification to End Customers. Call recordings, when enabled, capture audio of interactions. Transcriptions, when enabled, include summaries. Analytics are automatically available on the dashboard, providing insights and monitoring for interactions with End Customers.
• Businesses are solely responsible for configuring and using the Service appropriately, overseeing outcomes, and implementing any necessary verification processes, even if setup assistance is provided by ARIIA AI LLC.
• ARIIA AI LLC is not liable for any errors, mistakes, inaccuracies, or unintended actions by the AI, including those arising from information provided by End Customers, whether correct or incorrect. This includes, but is not limited to, missed calls, incorrect or failed bookings, orders, reservations, misinformation, scheduling errors, or any business losses or automated actions affecting End Customers.

Start a Call Demo

This demo allows you to explore ARIIA AI capabilities in a simulated environment. All scenarios, businesses, and interactions are fictional and do not reflect real services.

The Start a Call demo does not record, store, or retain audio, call recordings, or biometric voice data.

Call recording, transcription, and analytics are optional features available only within an active user Account and only when explicitly enabled by the user via the dashboard.

CALL RECORDING, AI DISCLOSURE, AI VOICE CONSENT & SMS COMPLIANCE

Your Responsibilities:

• Inform End Customers when calls are recorded or handled by AI.
• Obtain all legally required consents from your End Customers for call recording and marketing SMS.
• Comply with all applicable laws, including call recording, biometric, privacy, and SMS laws.
• Provide End Customers with clear, upfront disclosure that they may interact with AI-generated or AI-assisted voices.
• ARIIA AI LLC recommends that businesses implement prompts or notifications in their call flows to ensure End Customers are informed about call recording and AI interactions, particularly in all-party consent states.
• Telemarketing / TSR Compliance: Upsells or promotional offers made during any calls, including inbound customer-initiated calls or outbound follow-up calls, must comply with applicable telemarketing laws and regulations, including required disclosures, recordkeeping, and prohibitions on deceptive practices.

Prohibited Uses of Call Recordings:

• Secretly recording calls in violation of consent laws.
• Using recordings for unlawful purposes, including harassment, blackmail, or other illegal activities.

SMS Communications and Consent:

By providing your mobile phone number and expressly opting in to receive SMS messages from ARIIA, you consent to receive transactional SMS messages from ARIIA. These messages may include one-time verification codes, password resets, account security notifications, appointment confirmations, appointment reminders, booking updates, cancellations, rescheduling notifications, and other service-related communications requested or initiated by you.

Message frequency varies. Message and data rates may apply.

You may opt out of SMS messages at any time by replying STOP. For assistance, reply HELP or contact our support team.

Consent to receive SMS messages is not a condition of purchasing any goods or services.

ARIIA does not sell, rent, or provide mobile phone numbers, SMS opt-in data, or messaging consent information to third parties or affiliates for their own marketing or promotional purposes.

Transactional SMS – Plan Usage (to End Customers):

• Each applicable plan, including Subscription and Pay-As-You-Go plans, may include a monthly allocation of SMS messages for general transactional use. Any applicable SMS limits, included usage, overage rates, and billing terms are described in the applicable plan or pricing information presented to you.
• Transactional SMS usage may include appointment confirmations, appointment reminders, booking updates, cancellations, rescheduling notifications, and other service-related communications.
• SMS usage is subject to applicable plan limits and pricing. Additional usage, if applicable, may be billed to your account or deducted from your Pay-As-You-Go balance in accordance with the applicable plan or pricing terms.

Marketing Messages (to End Customers):

• Businesses using ARIIA AI are responsible for obtaining any consent required by applicable laws and regulations before sending marketing or promotional SMS messages to their End Customers and for maintaining appropriate records of such consent.
• Businesses are responsible for ensuring that their use of ARIIA's messaging functionality complies with applicable laws, regulations, and industry requirements, including applicable consent and opt-out requirements.
• ARIIA provides technical tools to support SMS delivery and opt-out management but does not provide legal advice or guarantee compliance with applicable requirements.
• Businesses must honor opt-out requests and may not circumvent, disable, or otherwise interfere with applicable opt-out mechanisms.

INTELLECTUAL PROPERTY

ARIIA AI LLC retains all rights, title, and interest in the Service, including software, models, algorithms, content, and trademarks. No rights are granted except as expressly stated in these Terms.

DATA PROTECTION AND PRIVACY

Our Privacy Policy governs the collection, use, retention, and disclosure of personal information and is incorporated by reference. You are responsible for ensuring that your use of the Service, including any information or communications you send through the Service, complies with applicable privacy and data protection laws.

SECURITY

ARIIA AI LLC implements reasonable administrative, technical, and organizational safeguards designed to protect information processed through the Service. However, no method of transmission, storage, or electronic security is completely secure, and ARIIA AI LLC does not guarantee absolute security. To the extent permitted by law, ARIIA AI LLC is not liable for unauthorized access, data loss, security incidents, or breaches except to the extent liability cannot be excluded or limited under applicable law.

THIRD-PARTY SERVICES

The Service may integrate with or rely on third-party services, tools, or platforms, including providers for payment processing, communications, hosting, analytics, scheduling, call transcription, and artificial intelligence.

These third-party services are not controlled by ARIIA AI LLC, and we are not responsible for their availability, performance, functionality, security, accuracy, outages, errors, interruptions, or changes to their services, except to the extent otherwise required by applicable law or expressly provided in these Terms.

ARIIA may use third-party telecommunications, messaging, and service providers to facilitate SMS delivery and other communications requested through the Service. These providers may process mobile phone numbers, SMS opt-in data, messaging consent information, message content, and related information solely as necessary to provide the applicable services.

ARIIA does not authorize third-party service providers to use mobile phone numbers, SMS opt-in data, or messaging consent information processed on ARIIA's behalf for their own marketing or promotional purposes.

Certain AI features may rely on third-party AI providers, and use of those features may be subject to additional third-party terms, policies, or requirements.

TERM AND TERMINATION

You may cancel your Subscription at any time. If you cancel, your access continues until the end of the current billing period.

We may suspend or terminate access immediately for violations of these Terms, non-payment, or unlawful use. Upon termination, access to the Service will cease, and data handling will follow our Privacy Policy.

DISCLAIMERS

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARIIA AI LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ARIIA AI LLC, its affiliates, and employees from any claims, losses, or expenses (including reasonable attorneys’ fees) arising from:

• Any breach of these Terms, including:
• Failure to notify End Customers or obtain legally required consent for call recording or AI-generated voice interactions in all-party consent states.
• Sending Marketing SMS without first obtaining legally required consent from the recipient.
• Unauthorized use of biometric data, including voice cloning without consent.
• Misuse of the Service, including reverse-engineering, tampering with security controls, or sending marketing content in violation of applicable messaging requirements.
• Violations of applicable laws or third-party rights.
• Failure to obtain consent for AI-generated voice interactions, where required by law.

GOVERNING LAW & DISPUTES

These Terms are governed by Delaware law. Any dispute shall be resolved through binding individual arbitration. You waive the right to participate in class actions.

FORCE MAJEURE

ARIIA AI LLC is not liable for delays, failures, or interruptions caused by events beyond our reasonable control, including natural disasters, cyberattacks, internet outages, or failures of third-party services.

WEBSITE VISUALS DISCLAIMER

The images, animations, and examples shown on our website or in demos are for illustration purposes only. They are intended to give an overview of the Service and may not exactly match the current functionality, layout, or features available in your account.

LICENSE & USE RESTRICTIONS

• You are granted a limited, non-exclusive, non-transferable license to use the Service for your business.
• Misuse, reverse-engineering, sublicensing, or unauthorized distribution is prohibited.

AUTOMATIC UPDATES & MAINTENANCE

The Service may update automatically for improvements or security. Maintenance may temporarily disrupt access.

CONFIDENTIALITY & FEEDBACK

Confidential business information must be kept private. Submitted feedback or suggestions may be used by ARIIA AI LLC without restriction.

AMENDMENTS

ARIIA AI LLC may modify these Terms at any time to comply with legal or regulatory changes, enhance security, or improve the Service. Changes will be communicated via email or posted on the website at least two weeks before taking effect. If you do not object in writing within two weeks, continued use constitutes acceptance.

CONTACT

Email: security-privacy@ariiaai.com

Phone: 1-312-838-2186