Terms of Service

1. Definitions and Interpretation

In these Terms, the following terms have the meanings given below. Other capitalized terms are defined where they first appear.

"AI Employee" means a configurable AI agent made available through the Services, including the AI Receptionist and AI Lead Agent, that is configured by Customer to interact with End Users on Customer's behalf.

"Customer Data" means personal data and other information relating to End Users that is collected, generated, or processed through an AI Employee, including conversation content, contact details, appointment information, and uploaded documents.

"Account Data" means information about Customer and its authorized users, including business details, billing information, and account credentials.

"End User" means a customer, prospect, patient, tenant, or other individual who interacts with an AI Employee configured by Customer.

"Documentation" means the user guides and technical documentation made available by TechMaven describing the operation of the Services.

"Order" means the online order, subscription checkout, or ordering document specifying the plan, fees, and usage entitlements purchased by Customer.

"Subprocessor" means a third party engaged by TechMaven to process Customer Data in connection with the Services, as listed at https://www.techmavs.com/legal/subprocessors.

"High-Risk Use" means any use of the Services to make or materially influence a decision about the provision, denial, pricing, or terms of housing, employment, credit, insurance, healthcare, or legal services to an End User. Headings are for convenience only. "Including" means "including without limitation."

2. Acceptance and Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Services. The Services are designed for use by businesses and are not directed to consumers acting in a personal capacity, and you agree to use the Services only for legitimate business purposes. If you are entering into these Terms on behalf of an organization, you represent that you are authorized to do so and that the organization accepts these Terms.

3. The Services

TechMaven provides a software platform through which Customer configures, deploys, and operates one or more AI Employees to interact with End Users by chat, text message, voice, and email; to answer questions; to qualify and score leads; to schedule appointments against Customer's connected calendar; and to update Customer's connected records. TechMaven provides the platform. Customer determines what each AI Employee says, what actions it is authorized to take, which End Users it may contact, and the business rules under which it operates. Customer remains solely responsible for the content of communications sent from its account and for the business decisions the AI Employee is configured to make.

TechMaven may modify, enhance, or discontinue non-material features of the Services from time to time. TechMaven will provide reasonable advance notice of any change that materially reduces the core functionality of a plan for which Customer has paid.

4. Account Registration and Security

Customer must provide accurate registration information and keep it current. Customer is responsible for maintaining the confidentiality of its account credentials and for all activity occurring under its account, whether or not authorized, except to the extent caused by TechMaven's breach of its security obligations under Section 17. Customer must notify TechMaven promptly at security@techmavs.com of any suspected unauthorized access.

5. Subscription Plans, Fees and Payment

Access to the Services is provided on the subscription plan selected in Customer's Order. The usage entitlements stated on the applicable invoice describe the level of use for which that plan is intended. The subscription fee for Customer's plan is the only amount TechMaven charges for use of the Services. TechMaven does not meter, bill, or automatically upgrade Customer for usage in excess of the entitlements included in its plan. Where Customer's usage materially and persistently exceeds those entitlements, TechMaven will contact Customer to agree a suitable plan, and may limit or suspend the affected functionality on not less than fourteen (14) days' written notice if no plan change is agreed. Certain features are available only on plans that include them, and TechMaven may decline an action that requires a feature not included in Customer's plan. TechMaven may introduce usage-based charges for a future billing period on not less than thirty (30) days' notice in accordance with Section 25 (Amendments). No usage-based charge will apply to a billing period that has already begun. Fees are payable in advance for each billing period and are stated exclusive of applicable sales, use, value-added, and similar taxes, which Customer is responsible for except taxes on TechMaven's net income. Fees are quoted and payable in United States dollars unless the applicable Order states otherwise.

TechMaven may increase fees for a subsequent renewal term by providing at least thirty (30) days' notice before the renewal date. Continued use of the Services after the effective date of a fee increase constitutes acceptance of the new fee.

6. Free Trials and Promotional Offers

TechMaven may offer a free trial or promotional plan on the terms stated at checkout or in a separate promotional notice. Unless otherwise stated, a subscription entered during or following a trial will convert to a paid subscription and be billed automatically at the end of the trial period unless cancelled beforehand in accordance with Section 7. Specific trial length, features, and eligibility criteria for the current offer are set out at https://www.techmavs.com/pricing.

7. Term, Renewal and Cancellation

These Terms take effect when Customer first accepts them and continue until the subscription is terminated in accordance with this Section. Each subscription automatically renews for successive periods equal to the billing period selected at checkout unless Customer cancels before the renewal date. Customer may cancel at any time from its account billing page, and cancellation takes effect at the end of the then-current billing period; Customer retains access to the Services until that date. Where Customer resides in a jurisdiction with automatic renewal disclosure requirements, TechMaven will provide the renewal terms and cancellation mechanism required by that jurisdiction's law at the time of sign-up and before each renewal where required.

8. Refunds

Refunds, if any, are governed by the Refund Policy available at https://www.techmavs.com/legal/refund-policy, which is incorporated into these Terms by reference. In the event of a conflict between the Refund Policy and this Section, the Refund Policy controls.

9. Customer Responsibility for AI Employee Configuration and Communications

Compliance Customer is solely responsible for configuring each AI Employee, for the accuracy of the information it is given about Customer's business, and for ensuring that its use of the Services complies with all laws applicable to Customer's business and to its communications with End Users, including the Telephone Consumer Protection Act, applicable state telemarketing and messaging statutes, the CAN-SPAM Act, mobile carrier and messaging association requirements applicable to application-to-person messaging, and any professional licensing or scope-of-practice rules applicable to Customer's industry.

Before enabling outbound calling, texting, or emailing to any End User, Customer represents that it has obtained all consents required by applicable law for that channel and that it maintains records of such consents. Customer is responsible for honoring opt-out and do-not-contact requests within the timeframe required by applicable law, and the Services provide configurable tooling to support this obligation, which Customer is responsible for enabling and maintaining. Customer may not use the Services for a High-Risk Use unless Customer has confirmed in writing with TechMaven that appropriate safeguards, human review, and any additional contractual terms required for that use case are in place. TechMaven does not warrant the Services as suitable for High-Risk Use absent such written confirmation.

10. Data and Customer Content

As between the parties, Customer owns Account Data and Customer Data submitted through its use of the Services. TechMaven processes Account Data as an independent controller for account administration, billing, and service improvement purposes, and processes Customer Data solely as a processor acting on Customer's documented instructions, as described in the Privacy Policy and, where applicable, a separate data processing agreement available at https://www.techmavs.com/legal/dpa. TechMaven does not sell Customer Data and does not permit its Subprocessors, including model providers, to use Customer Data to train models.

Customer may request an export of its Customer Data, and may request deletion of its data, by writing to support@techmavs.com. TechMaven will provide the export in a commonly used machine-readable format within thirty (30) days of a verified request. TechMaven will confirm deletion in writing, including the date on which residual copies in encrypted backups are expected to expire.

11. Acceptable Use

Customer must not, and must not permit any AI Employee to be configured to: (a) send unsolicited commercial communications in violation of applicable law; (b) impersonate a person or organization or misrepresent Customer's affiliation with any person or entity; (c) deceive an End User about the fact that they are communicating with an AI system when asked, or otherwise conceal that fact contrary to Section 13; (d) provide regulated legal, medical, financial, or other professional advice that Customer is not licensed to provide; (e) discriminate against any person on the basis of a legally protected characteristic; (f) collect sensitive personal data, including health information, government identification numbers, or payment card data, beyond what is reasonably necessary for the configured use case and without appropriate safeguards; (g) violate any applicable law or third party right; or (h) attempt to reverse engineer, resell, or use the Services to build a competing product.

TechMaven may suspend an AI Employee or account that TechMaven reasonably believes is causing harm to End Users, to a telephony or messaging carrier, or to the integrity of the Services, and will endeavor to notify Customer before doing so where practicable and to restore access promptly once the issue is resolved.

12. Compliance with Telemarketing, Messaging and Communications Laws

The Services include controls intended to support Customer's compliance obligations, including AI self-identification, which is applied automatically and cannot be disabled, and automatic recognition and recording of standard opt-out keywords received by text message. TechMaven may make further compliance controls available from time to time. Customer remains responsible for obtaining and documenting any consent required by applicable law, for maintaining its own do-not-contact records, and for observing any restrictions on the times at which it may contact an End User. These controls are tools that Customer must configure correctly; TechMaven does not monitor or verify Customer's underlying legal basis for contacting a given End User and makes no representation that any particular configuration satisfies Customer's obligations under the Telephone Consumer Protection Act, state mini-TCPA statutes, carrier or messaging association requirements, or any other communications law. Customer is responsible for registering any required sender identities or campaigns with mobile carriers or messaging aggregators to the extent required for its use case.

13. AI Transparency and Human Escalation

Each AI Employee identifies itself as an artificial intelligence system at the outset of an interaction and upon request, and this disclosure is enforced at the platform level and may not be disabled by Customer. Any End User who requests a human is transferred or referred to a human contact point that Customer is responsible for maintaining and staffing. Actions that TechMaven designates as high risk — currently the sending of bulk communications, and the sending of a message to a recipient whose contact details have not been verified — are not executed by an AI Employee. Where an AI Employee attempts such an action, the action is refused and recorded for Customer's review. TechMaven may designate further actions as high risk on notice. Customer may not configure an AI Employee to execute a high-risk action without review.

14. Intellectual Property

TechMaven and its licensors retain all right, title, and interest in and to the Services, the underlying software, and all improvements, and no rights are granted except the limited, non-exclusive, non- transferable right to access and use the Services during the subscription term in accordance with these Terms. Customer retains all rights in Customer Data and in the content it uploads or configures. Customer grants TechMaven a limited license to use, host, and process such content solely to provide, secure, and support the Services. TechMaven may use de-identified and aggregated data derived from use of the Services, from which Customer Data has been removed, to operate, improve, and benchmark the Services.

15. Third-Party Services, Subprocessors and Integrations

The Services integrate with third-party services that Customer elects to connect, including calendar, telephony, email, customer relationship management, and payment providers, and with the Subprocessors listed at https://www.techmavs.com/legal/subprocessors. TechMaven will provide notice before adding a new Subprocessor in accordance with the Privacy Policy. TechMaven is not responsible for the acts, omissions, or availability of third-party services that Customer chooses to connect, which are governed by that provider's own terms.

16. Confidentiality

Each party may disclose non-public business, technical, or financial information to the other in connection with these Terms ("Confidential Information"). The receiving party will use the disclosing party's Confidential Information solely to perform its obligations under these Terms, will protect it with the same degree of care it uses to protect its own confidential information of similar importance, and in no event less than a reasonable degree of care, and will not disclose it to third parties except to personnel, contractors, and Subprocessors with a need to know who are bound by confidentiality obligations at least as protective as this Section. This Section does not apply to information that is or becomes public through no fault of the receiving party, was rightfully known before disclosure, or is required to be disclosed by law, provided the disclosing party is given prompt notice where legally permitted.

17. Security

TechMaven maintains administrative, technical, and physical safeguards designed to protect Account Data and Customer Data, including tenant-level data isolation at the database layer, encryption in transit, and access controls. No method of transmission or storage is completely secure, and TechMaven does not warrant that the Services will be free of vulnerabilities. TechMaven will notify Customer without undue delay after becoming aware of a security incident affecting Customer Data, to the extent required by applicable law and any data processing agreement between the parties.

18. Suspension and Termination

TechMaven may suspend or terminate Customer's access to the Services for material breach of these Terms that is not cured within fifteen (15) days of written notice, for non-payment that is not cured within ten (10) days of notice, or immediately where necessary to prevent harm to End Users, to a carrier or Subprocessor, or to the security or integrity of the Services. Either party may terminate these Terms for the other party's uncured material breach, or if the other party becomes subject to insolvency proceedings that are not dismissed within sixty (60) days. Upon termination, Customer's right to use the Services ends. For thirty (30) days following termination, Customer may request an export of its Customer Data by writing to support@techmavs.com, and TechMaven will provide it in a commonly used machine-readable format. After that period TechMaven may delete Customer Data in accordance with Section 10.

19. Disclaimers and No Professional Advice

The Services do not provide legal, medical, financial, tax, or other regulated professional advice, and no communication generated by an AI Employee should be relied upon as such. Output generated by an AI Employee is probabilistic and may be inaccurate, incomplete, or inappropriate notwithstanding the guardrails built into the Services. Customer must not deploy the Services as the sole safeguard for any decision that is safety-critical, medical, legal, or financial in nature, and must maintain appropriate human oversight proportionate to the risk of its use case.

20. Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND TECHMAVEN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TECHMAVEN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI EMPLOYEE OUTPUT WILL BE ACCURATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR (A) A PARTY'S INDEMNIFICATION OBLIGATIONS, (B) CUSTOMER'S PAYMENT OBLIGATIONS, (C) A PARTY'S BREACH OF SECTION 16 (CONFIDENTIALITY), OR (D) A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO TECHMAVEN IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS SECTION ALLOCATES RISK BETWEEN THE PARTIES AND IS A FUNDAMENTAL BASIS OF THEIR BARGAIN, AND WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

22. Indemnification

Customer will defend, indemnify, and hold harmless TechMaven from any third-party claim, including reasonable attorneys' fees, arising out of (a) Customer's configuration or use of an AI Employee, including the content of communications sent to End Users; (b) Customer's violation of Section 9 (communications compliance) or Section 11 (acceptable use); or (c) Customer's violation of applicable law in its use of the Services. TechMaven will defend, indemnify, and hold harmless Customer from any third-party claim that the Services, as provided by TechMaven and used in accordance with these Terms, infringe that third party's United States intellectual property rights, excluding claims arising from Customer's configuration, content, or combination of the Services with materials not provided by TechMaven. The indemnified party must provide prompt written notice of the claim, allow the indemnifying party to control the defense and settlement, and provide reasonable cooperation at the indemnifying party's expense.

23. Export Control and Sanctions Compliance

The Services may be subject to United States export control laws, including the Export Administration Regulations, and to economic sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control. Customer represents that it is not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and is not identified on any U.S. government restricted party list, and Customer agrees not to access or use the Services from any such location or on behalf of any such person. Customer will not use the Services to export or re-export controlled technology in violation of applicable law.

24. Governing Law, Dispute Resolution and Arbitration

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any dispute arising out of or relating to these Terms will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted by a single arbitrator in Wilmington, Delaware, except that either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information. Any arbitration will proceed on an individual basis only, and Customer and TechMaven each waive any right to bring or participate in a class, collective, or representative action, to the extent permitted by applicable law.

25. General Provisions

Force Majeure. Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control, including acts of God, internet or telecommunications failures, and outages of a third-party Subprocessor, provided the affected party uses reasonable efforts to mitigate the impact.

Assignment. Neither party may assign these Terms without the other party's prior written consent, except that either party may assign these Terms without consent in connection with a merger, acquisition, or sale of substantially all of its assets. These Terms bind and benefit the parties' permitted successors and assigns.

Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Notices. Notices to TechMaven must be sent to support@techmavs.com or to the registered address stated above. Notices to Customer will be sent to the email address on file for its account. Notices are deemed given when sent, except that notices of termination or breach must also be confirmed by a method providing proof of delivery.

Entire Agreement. These Terms, together with the Privacy Policy, the Refund Policy, the Acceptable Use Policy, and any Order and data processing agreement between the parties, constitute the entire agreement between Customer and TechMaven regarding the Services and supersede all prior agreements and understandings regarding that subject matter.

Amendments. TechMaven may update these Terms from time to time. TechMaven will provide at least thirty (30) days' notice of a material change by email or through the Services before it takes effect. Continued use of the Services after a change takes effect constitutes acceptance of the updated Terms; if Customer does not agree, its sole remedy is to cancel its subscription before the change takes effect.

Contact. Questions about these Terms should be directed to support@techmavs.com. Security reports should be directed to security@techmavs.com. TechMaven LLC, 8 The Grn Ste A, Dover, DE 19901, United States.