TERMS OF USE

Last Updated: December 12, 2025

IMPORTANT LEGAL NOTICE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

These Terms of Use (the “Terms”) constitute a legally binding agreement between you (“Client,” “you,” “your”) and  الابداع والامان لتصميم وتطوير أنظمة الحاسوب ذ.م.م d.b.a. AIVAC (“AIVAC,” “we,” “us,” “our”), governing your access to and use of the AIVAC platform, website, applications, APIs, AI systems, voice systems, chat systems, messaging systems, dashboards, documentation, and all related services (collectively, the “Services”).

By accessing or using any part of the Services, you acknowledge that you have read, understood, and irrevocably agreed to be bound by these Terms and all policies incorporated by reference.

If you do not agree to these Terms, DO NOT USE THE SERVICES.

1. INCORPORATION BY REFERENCE

These Terms incorporate by reference, and must be read together with, the following policies (collectively, the “AIVAC Legal Framework”):

- Privacy Policy

- Subscription & Billing Terms

- Refund / No-Refund Policy

- Acceptable Use Policy

- AI & Telecom Risk Disclaimer

- Cookie Policy

- Any additional policies, notices, or disclosures published by AIVAC

In the event of conflict, these Terms shall prevail unless expressly stated otherwise.

2. NATURE OF THE SERVICES – STRICTLY A TECHNOLOGY PLATFORM

AIVAC provides a business-to-business (B2B) artificial-intelligence software platform that enables Clients to deploy automated voice agents, chatbots, messaging workflows, and related AI-driven communication tools.

For absolute clarity:

AIVAC:

- is not a telecom carrier or operator;

- is not a call center;

- is not a marketing agency;

- is not an employer, contractor, broker, or representative of the Client;

- does not control whom you contact, what you say, or when you say it;

- does not communicate on its own behalf.

All communications made using the Services are made by or on behalf of the Client, under the Client’s exclusive direction, configuration, and responsibility.

3. ELIGIBILITY, AUTHORITY & REPRESENTATIONS

By using the Services, you represent and warrant that:

- You are a legal business entity or acting with full authority on behalf of one;

- You have full legal capacity and authority to bind the Client to these Terms;

- You are at least eighteen (18) years old;

- Your use of the Services complies with all applicable laws, regulations, and industry rules.

AIVAC reserves the right to refuse, suspend, or terminate access at its sole discretion, without obligation to provide reasons.

4. ACCOUNT REGISTRATION & SECURITY

4.1 Account Creation

Certain features require account registration. You agree to provide accurate, complete, and current information at all times.

4.2 Security Obligations

You are solely responsible for:

- safeguarding login credentials;

- restricting access to authorized personnel;

- all activity occurring under your account.

AIVAC shall not be liable for any loss, damage, or unauthorized access resulting from your failure to secure credentials.

5. CLIENT DATA, CONTENT & INPUTS

5.1 Client Responsibility

All data, scripts, prompts, contact lists, call flows, messages, recordings, configurations, and instructions submitted or generated through the Services (“Client Data”) are provided entirely at your own risk.

AIVAC does not verify Client Data.

5.2 Client Warranties

You represent and warrant that:

- you have lawful authority to collect, use, and process Client Data;

- Client Data does not infringe any law or third-party rights;

- Client Data complies with privacy, telecom, marketing, consumer protection, and data-protection laws.

You assume sole liability for Client Data.

6. CALLING, MESSAGING & RECORDING

6.1 Recording Acknowledgment

You expressly acknowledge and agree that calls and messages may be recorded, stored, transcribed, analyzed, and reviewed, including for:

- service delivery;

- quality assurance;

- AI training and optimization;

- compliance and dispute resolution.

6.2 Consent Obligations

You are solely responsible for:

- notifying end-customers of recordings;

- obtaining all legally required consents;

- complying with call-recording, privacy, and telecom laws.

AIVAC DISCLAIMS ALL LIABILITY for failures to obtain consent

7. OUTBOUND COMMUNICATIONS & MARKETING

If you use the Services for outbound calls, messages, or marketing:

You represent and warrant that:

- recipients have given all required consents;

- opt-out mechanisms are provided and honored;

- “do not call,” anti-spam, and consumer laws are strictly followed.

Any complaint, investigation, fine, penalty, or enforcement action is entirely your responsibility.

8. SUBSCRIPTIONS, USAGE & BILLING

8.1 Fees

Fees may include:

- setup fees;

- recurring subscription fees;

- usage-based charges.

8.2 Automatic Overage Billing

If usage exceeds purchased limits, you expressly authorize AIVAC to automatically charge additional blocks of:

- 250 minutes and/or

- 250 messages.

No prior notice is required.

8.3 No Refunds

ALL FEES ARE FINAL, NON-REFUNDABLE, AND NON-CREDITABLE, including unused usage, early termination, or dissatisfaction.

9. SUSPENSION & TERMINATION

AIVAC may suspend or terminate access immediately, with or without notice, if:

- payment fails or is disputed;

- misuse or unlawful activity is suspected;

- regulatory, legal, or reputational risk arises;

- AIVAC determines continuation is unsafe or non-compliant.

Termination does not relieve you of outstanding payment obligations.

10. INTELLECTUAL PROPERTY

All intellectual property in the Services, including but not limited to:

- software;

- AI models;

- workflows;

- interfaces;

- analytics;

- documentation;

is the exclusive property of AIVAC.

You receive a limited, revocable, non-exclusive, non-transferable license for internal business use only.

Reverse engineering, scraping, training competing AI models, or competitive use is strictly prohibited.

11. AI-SPECIFIC DISCLAIMERS

You acknowledge and agree that:

- AI systems are probabilistic and non-deterministic;

- AI outputs may be incorrect, incomplete, misleading, or inappropriate;

- AIVAC does not guarantee accuracy, outcomes, or performance.

AI outputs are provided “AS IS”.

12. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY JORDANIAN LAW, AIVAC SHALL NOT BE RESPONSIBLE FOR:

- INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES;

- LIABILITY FOR LOSS OF PROFITS, DATA, CUSTOMERS, OR BUSINESS;

- THE TOTAL AGGREGATE LIABILITY IF AIVAC IS LIMITED TO THE FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

14. INDEMNIFICATION

You agree to fully indemnify, defend, and hold harmless AIVAC, its owners, directors, officers, employees, and affiliates from any and all claims, including:

- regulatory actions;

- fines and penalties;

- third-party claims;

- legal fees and costs;

arising from:

- your use or misuse of the Services;

- failure to obtain consent;

- Client Data;

- violations of law.

This obligation survives termination.

15. GOVERNING LAW & ARBITRATION

These Terms are governed exclusively by the laws of the Hashemite Kingdom of Jordan.

All disputes shall be finally resolved by binding arbitration seated in Jordan, conducted in English.

You expressly waive any right to class, collective, or representative actions.

16. MISCELLANEOUS

16.1 Severability

If any provision of these Terms, or the application thereof to any person or circumstance, is held by a court or arbitral tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be:

- enforced to the maximum extent permitted by applicable law, or

- if enforcement is not legally permissible, severed from these Terms.

In either case, the remaining provisions shall remain in full force and effect, and shall not be affected, impaired, or invalidated. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the Parties as closely as possible.

16.2 Assignment and Transfer

You may not assign, transfer, delegate, novate, or otherwise dispose of any of your rights or obligations under these Terms, whether voluntarily or by operation of law, including by merger, sale of assets, change of control, or otherwise, without the prior written consent of AIVAC, which may be withheld at AIVAC’s sole discretion.

Any attempted assignment or transfer in violation of this section shall be null and void and of no legal effect.

AIVAC may freely assign, transfer, novate, or delegate these Terms, in whole or in part, without notice or consent, including in connection with:

- a merger, amalgamation, or reorganization;

- a sale of shares, assets, or business;

- a financing, restructuring, or corporate transaction; or

- an assignment to an affiliate or successor entity.

These Terms shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.

16.3 Entire Agreement

These Terms, together with all policies, addenda, and documents incorporated by reference (including, without limitation, the Privacy Policy, Data Processing Addendum, Subscription & Billing Terms, Acceptable Use Policy, AI Risk & Disclaimer Policy, and any other policies published by AIVAC) constitute the entire agreement between you and AIVAC with respect to the subject matter hereof.

They supersede and replace all prior or contemporaneous agreements, negotiations, discussions, representations, warranties, understandings, or communications, whether written or oral, relating to the Services.

You acknowledge and agree that you have not relied on any statement, representation, or promise not expressly set out in the AIVAC Legal Framework when entering into these Terms.

16.4 Electronic Acceptance, Electronic Records, and Binding Effect

You acknowledge and agree that:

- these Terms are a legally binding contract;

- acceptance may be evidenced by:

- clicking an “I agree,” “Accept,” or similar checkbox;

- creating an account;

- accessing or using the Services; or

- continuing to use the Services after the Terms are made available;

- such acceptance constitutes valid, informed, and enforceable consent equivalent to a handwritten signature.

You further agree that:

- electronic records, logs, system timestamps, and audit trails maintained by AIVAC shall be admissible and conclusive evidence of your acceptance and use of the Services;

- you waive any objection to the enforceability of these Terms on the basis that they were entered into electronically or without physical signature.

16.5 No Waiver

No failure or delay by AIVAC in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. Any waiver must be express, written, and signed by an authorized representative of AIVAC. A waiver of one breach shall not constitute a waiver of any subsequent or continuing breach.

16.6 Relationship of the Parties

Nothing in these Terms shall be deemed to create any partnership, joint venture, agency, fiduciary, or employment relationship between you and AIVAC. You have no authority to bind AIVAC in any manner.

17. Amendments

We may modify these Terms at any time by posting updates on the Website. Changes take effect immediately upon posting. Your continued use constitutes acceptance of the revised Terms.

18. Notices

All notices will be provided electronically through the Website or via email. By using the Services, you consent to receive notices electronically.

19. Contact

For questions, contact us at: [email protected]i