TERMS OF SERVICE

1. Acceptance of Terms

These Terms of Service (“Terms”) govern access to and use of the websites, software, applications, platforms, and services (collectively, the “Services”) provided by Navaia AI LLC (“Navaia,” “Company,” “we,” “us,” or “our”). By accessing, registering for, or using the Services, you (“Customer,” “you,” or “your”) acknowledge that you have read, understood, and agree to be legally bound by these Terms and the Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Services.

2. Definitions

• Account means a registered account used to access the Services.
• AI Output means any transcription, classification, routing decision, recommendation, or other output generated by the Services.
• Applicable Law means all federal, state, local, and international laws and regulations.
• Call Data means call metadata, recordings, transcripts, and derived analytics.
• Customer Data means all data or content processed through the Services by or on behalf of Customer.
• Services means all software, platforms, APIs, dashboards, AI systems, and related offerings provided by Navaia AI LLC.
• Third-Party Services means any services not owned or controlled by Navaia.
• User means any individual authorized by Customer to use the Services.

3. Eligibility and Authority

Customer represents that they are at least eighteen (18) years of age and have the authority to bind the entity on whose behalf the Services are used.

4. Description of Services

The Services provide an AI-enabled communications and operational platform that may include call answering, routing, recording, transcription, messaging, analytics, CRM integrations, and related functionality. Navaia does not provide insurance, legal, regulatory, or compliance advice and does not act as a licensed professional.

5. Customer Responsibilities and Compliance

Customer is solely responsible for determining the appropriateness of the Services, configuring features, obtaining all legally required notices and consents (including call recording and privacy laws), ensuring compliance with Applicable Law, and the accuracy and legality of all Customer Data. Navaia disclaims responsibility for Customer compliance obligations.

6. AI Limitations and Disclaimer

Customer acknowledges that AI Output may be inaccurate or incomplete and is not a substitute for human judgment. Navaia shall have no liability for decisions made based on AI Output.

7. Account Security

Customer is responsible for safeguarding account credentials and all activity under the Account.

8. Fees and Billing

Fees are billed in advance unless otherwise agreed. All fees are non-refundable except as required by law. Failure to pay may result in suspension or termination of Services.

9. Third-Party Services

The Services may integrate with Third-Party Services. Navaia is not responsible for third-party availability, security, or practices.

10. Data Processing and Privacy

Navaia processes Customer Data in accordance with its Privacy Policy and acts as a service provider or processor where applicable. Customer is responsible for any required notices and consents for processing Customer Data.

11. Intellectual Property

All rights in the Services are owned by Navaia AI LLC. Customer retains ownership of Customer Data subject to a limited license to provide the Services.

12. Prohibited Uses

Customer shall not use the Services for unlawful purposes, violate privacy laws, reverse engineer the Services, or circumvent security controls.

13. Termination

Navaia may suspend or terminate access at any time for violation of these Terms or business necessity. Certain provisions (including sections relating to indemnity, confidentiality, intellectual property, and limitation of liability) survive termination.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NAVAIA DISCLAIMS ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAVAIA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. NAVAIA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEES PAID BY CUSTOMER TO NAVAIA DURING THE THREE (3) MONTHS PRECEDING THE CLAIM.

16. Indemnification

Customer agrees to indemnify and hold harmless Navaia AI LLC from and against any claims, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from Customer’s use of the Services, Customer Data, or violation of Applicable Law.

17. Arbitration and Class Action Waiver

Except where prohibited by law, all disputes shall be resolved by binding arbitration on an individual basis. Customer and Navaia each waive the right to a jury trial and to participate in a class or representative action.

18. Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles.

19. Modifications

Navaia may modify these Terms at any time. Continued use of the Services after notice of changes constitutes acceptance of the modified Terms.

20. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between Customer and Navaia AI LLC relating to the Services and supersede all prior agreements and understandings.

21. Contact Information

Navaia AI LLC
Email: support@navaia.io