Terms of Service

Aiva Shield forwards your inbound calls to an AI assistant that screens callers, classifies intent, detects spam and Do Not Call Registry violations, and notifies you of calls you should take. The Service relies on third-party providers including Twilio, VAPI, OpenAI, Stripe, SendGrid, and Clerk. See our Privacy Policy for how data flows through these providers.

You must be at least 18 years old and legally able to enter into a binding contract to use the Service. You are responsible for keeping your account credentials secure and for all activity that occurs under your account.

Every screened call is recorded and transcribed. The AI screener announces itself and discloses recording at the start of the call. Many jurisdictions require all parties to a call to consent to recording. You are solely responsible for ensuring that your use of the Service complies with applicable recording, wiretap, and privacy laws in your jurisdiction and the jurisdictions of those who call you. If you cannot lawfully record a particular caller, do not enable Aiva Shield for that line.

You agree not to use the Service to:

• Violate any law, including the Telephone Consumer Protection Act (TCPA), the Do Not Call Registry, or wiretap and privacy statutes.
• Send unsolicited marketing calls, robocalls, or harassing communications.
• Impersonate another person or organization, or misrepresent the AI screener as a human in jurisdictions where disclosure is required.
• Reverse engineer, scrape, or attempt to gain unauthorized access to the Service or its underlying providers.
• Use the Service to handle calls that involve regulated content (for example, healthcare PHI) without separately confirming that your use complies with applicable regulations such as HIPAA.

The Service is offered on a paid subscription basis billed through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel. You may cancel at any time from the Settings page; cancellation takes effect at the end of the current billing period. Fees are non-refundable except where required by law or expressly stated.

By providing your phone number and agreeing to these Terms, you consent to receive text messages (SMS) from SmartOptimize. Message frequency may vary. Message and data rates may apply. Reply STOP to opt out at any time. Reply HELP for assistance. For more information, see our Privacy Policy.

By providing your mobile phone number and opting in (either through our consent form at /consent or by enabling SMS notifications in your account settings), you authorize Aiva Shield to send you text messages related to the Service. Message types include screened-call alerts, spam and Do Not Call violation notices, and account or billing notifications.

Message frequency varies based on your incoming call volume. Message and data rates may apply. You may opt out at any time by replying STOP to any message or by disabling SMS notifications in your account settings. Reply HELP or email support@smartoptimize.ai for assistance. Carriers are not liable for delayed or undelivered messages.

We do not sell, rent, or share your mobile phone number or SMS opt-in consent with any third party or affiliate for marketing or promotional purposes. See our Privacy Policy for full details.

The Service provisions a Twilio-backed phone number on your behalf to act as your AI screener. The number remains under our Twilio account for the duration of your subscription. We do not guarantee that you can port a Service-issued number to another carrier on cancellation.

The Service interoperates with third-party providers (Twilio, VAPI, OpenAI, Stripe, SendGrid, Clerk, Replit). Their availability, terms, and behavior may change without notice. We are not responsible for outages, errors, or actions of these providers.

The Service uses AI to classify calls, generate summaries, and detect spam or DNC violations. AI output may be inaccurate, incomplete, or biased. You should not rely on the Service to handle emergencies. Aiva Shield does not replace 911 or other emergency services. Always have a separate way to receive urgent or emergency calls.

The Service, including its software, design, and content (excluding your call recordings, transcripts, and configuration), is owned by us or our licensors and is protected by intellectual-property laws. You may not copy, modify, or create derivative works of the Service except as expressly permitted.

You retain ownership of your own data (call recordings, transcripts, contacts, and configuration). You grant us a worldwide, non-exclusive license to host, process, and display your data solely as needed to operate the Service for you.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL ARISING OUT OF OR RELATED TO THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You will defend, indemnify, and hold us harmless from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any law or the rights of any third party, including any caller whose call is screened or recorded.

We may suspend or terminate your access to the Service at any time for breach of these Terms or for legal or operational reasons. You may stop using the Service at any time by canceling your subscription from the Settings page.

We may update these Terms from time to time. Material changes will be announced in the Service or by email. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved in the state or federal courts located in Delaware, and you consent to the exclusive jurisdiction of those courts.

Questions about these Terms? Email support@smartoptimize.ai.